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Land tenure refers to the way in which land is held by an individual from the
Government. It shows the relationships between the land holder and the State.
The absolute ownership of land rests with the Government. Government gives
proprietary rights to individuals or communities. Thus, whom we call a land owner,
is in that sense is the proprietor of that land and he has to pay land renew for
that.
History of Land Tenures in India:
In ancient times, the State of India claimed a share of the produce of the land
from the cultivator. The laws of Manu mention one sixth of the gross produce at
the legitimate share of the King. During the war and other emergencies, it was
increased to one fourth.
The institute set up by Timur represented the first systematic attempt in the
direction of converting the States share of the produce into money. Sher-shah
made some improvement. However, it remained incomplete due to his short reign.
The most famous settlement was made under Akbar by his able Finance Minister,
Todarmal. While fixing the revenue, scientific and detailed investigation was made
to assess the taxable capacity of different soils. Land was carefully measured and
divided into four classes representing different grades of fertility. The
Governments share was fixed as one-third of the gross produce. Thus, Mughals
did not introduce any fundamental changes in the ancient revenue system but put
a coherant system in place of customary and unwritten usages of the Hindu
administration.
Malik Amber of Ahmednager made similar improvements in the Deccan. He fixed
one-third of the gross value of produce as the revenue. Maratha rulers continued
the system. They fixed `Kamal or the maximum rates for the best lands. The
assessment was not permanent in majority of the cases. However, `Miras tenure
was subject to the payment of fixed assessment.
In the declining days of Mughal Empire, the control over the revenue officials
became weak. The flow of income started declining. So, the system called
revenue farming was introduced in Bengal in the reign of Farukhsiyer (1713-19).
Under this system, the revenue farmer paid the Government nine-tenth of the
whole collection and kept the rest as his collection charges. However, in the later
period, the right of collecting land revenue for a pargana or a district was sold by
public auction to the highest bidders. Due to this, the exploitation of the
cultivators started. The revenue farmers became more dominant. This revenue
farming system which started during the Mughal rule in Bengal was soon extended
to other parts of the country.
In Deccan, Nana Fadanis, in the later part of the 18th Century, had introduced a
revenue system which was very efficient and equitable. It was universally
recognised.
The revenue farming system even came to the Deccan. In Konkan, the Khots who
were earlier revenue farmers acquired landlord rights. In United Provinces and in
Punjab revenue farmers succeeded in acquiring certain overlord rights.
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ii. Mahalwari: Under this system, the village lands were held jointly by the
village communities, the members of which were jointly and severally
responsible for the payment of land revenue. Land revenue was fixed for the
whole village and the village headman (Lumberdar) collected it for which he
received Panchatra i.e. 5 per cent as commission.
iii. Rayatwari: It was introduced by Sir Thomas Munro first in Madras state and
then in Bombay State. In this system, there was a direct relationship
between Government and the tenant or Rayat i.e. individual land holder.
Every registered holder was recognised as its proprietor and he could sell or
transfer the land. He was assured of permanent tenure as long as he paid
the land revenue. The land holder was also allowed to sublet his land. It was
a better system as compared to Zamindari or Mahalwari and similar other
forms of tenure.
Though we have discussed the above three main systems of land tenure, there
was lot of intermixing of characteristics of these systems. It is said that these
three systems gravitated towards the tendencies of the Zamindari system. The
Mahalwari system in states like Madhya Pradesh and Uttar Pradesh subletting and
rock renting became common. It became common even in the Rayatwari areas.
There was no proper revenue record. This was the situation which prevailed at the
time of independence.
Post-independence Period:
Our leaders had thought about the need for land reforms even prior to
independence. For instance, the Agrarian Reforms Committee under Shri
J.C.Kumarappa had given the guidelines for the formulation of land reform policies
in the independent India. The committee recommended that
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iii. All the tenants who had been cultivating land for a period of 6 years
should be granted occupancy rights
iv. The tenants should have the right to purchase the holdings at
reasonable price to be determined by the land tribunal;
i. regulation of rents
ii. security of tenure, and
iii. confirment of ownership on tenants.
Bombay State promptly enacted the legislation as early as in 1950. As regards the
regulation of rents, different states fixed different rates. For instance, in Bombay
(Maharashtra), Gujarat and Rajasthan, one-sixth of the grass produce has been
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fixed as the maximum rent; while in Punjab rent fixed is one-third of the produce.
It was found that there were large scale evictions of tenants on the plea of
resumption for personal cultivation.
As reported in the draft fourth five year plan, as a result of tenancy legislations in
India, 3 million tenants or share croppers became the land owners. Uttar Pradesh
was in the forefront in this respect. The next state in order is Maharashtra where
13.56 lakh tenants got the ownership rights of about 32 lakh hectares of land by
September, 1992.
Protection of tenants and regulation of rent is the first step in the tenancy
reforms. The ultimate object of the reform is "land to the tiller". The Tenancy Acts
have been moved in that direction.
It could be said that the land reform measures adopted by the States soon after
independence, provided a sound basis for agricultural developments that took
place in the country in the later period.
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