2019

IMS UNISON UNIVERSITY

LAND
MANAGEMENT
COMMITTEE

SUBMITTED TO-Ms. SHALINI SAXENA,

FACULTY OF LAW

SUBMITTED BY: ABRAHAM ROHAN SAM,

BALLB (Hons.)VI SEM
ABSTRACT: Land management committee is set up in a view to manage the land also for
the setting up of land. Preservation, development and improvement of agriculture are its sole
step. Hence, In this project I have tried to explain the land management committee along with the
powers and functions of Bhumi Prabandhak Samiti. Starting from the abolition of zamindari
system to formation of gaon Sabha and LMC this paper covers it all.

CONTENTS:

1. INTRODUCTION
2. CLASSES OF TENURE HOLDERS

3. ESTABLISHMENTOF LAND MANAGEMENT COMMITTE

4. FUNCTIONS OF LAND MANAGEMENT COMITTEE

5. CONCLUSION
UP ZAMINDARI ABOLITION ANDLANDREFORMS ACT- RIGHTS OF
NON TRANSFERABLE BHOOMIDHAR
The Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 received the assent of the
President of India in January 24, 1951. The vesting order was issued on July 1, 1952. In
consequence of this, all rights, titles and interests of all the intermediaries were terminated and
ceased from the date of vesting. However land cultivated by an intermediary as his "Sir" (share-
cropped) or "Khudkasht" (self-cultivated) land was converted into his Bhumidhari (ownership).

CLASSIFICATION OF TENURE HOLDERS

According to Baljit Singh before the abolition of the Zamindari system there were no less than
forty different types of land tenures in U.p1 This caused such confusion that even the protected
tpnant failed to understand and enjoy their full rights. The U.P, Zamindari Abolition and Land
Reforms Act, 1950, replaced the multiplicity of tenures by three types,

(1) Bhumidhar,

(2) Sirdar and

(3) Asami.

Every intermediary whose rights, title or interest in any estate was done away with under the
provision of this Act became entitled to receive compensation in the shape of bonds or cash due
from the date of vesting and interest on the amount of compensation at the rate of 2 1/2 per cent.

1
Baljit Singh and Shridhar Misra, A Study of Land Reforms in Uttar Pradesh. Calcutta, 1964, p.74.
BHOOMIDAR: This category consisted of owners of land formerly under personal cultivation
of the ex-zamindars and recognised as their Bhumidhari by conversion. Besides, the Act
provided for the acquisition of Bhumidhari rights by any tenant, sub-tenant and occupier without
consent under the former law, by paying ten times their annual rent to the State. A bhumidhar
had a permanent, heritable and transferable right to his holding. The land revenue of the
bhumidhars, who acquired the right by paying ten times the land revenue, was fixed at 50 per
cent of the rent paid by them earlier.2

SIRDAR: Sirdar were tenant, sub tenant or occupant of land without consent who had not
become bhumldhars. Sirdar’s Interest was permanent and heritable but not transferable. A Sirdar
was to pay as land revenue to the State the amount he formerly paid as rent to the Zamindar.

ASAMI: These were former tenants and sub-tenants on grove land, sub-tenants of mortgagees or
those who held pasture land from the Gaon Samaj. The Asami rights were heritable but not
permanent and transferable. The Act provided for ejectment of an Asami under certain
conditions and he had to pay such rent as may be agreed upon between himself and the
landholder.

ADHIVASI: Before the UPZALR act came into force a large class of cultivators had no stable
rights in the land. They included tenants of Sir, Sub-tenants and occupants. Hence, it was made
necessary to protect the rights of such cultivators and to give them more security of tenure.

Then there was a shift and a new class of tenure holders was there namely:

1. Bhoomidhar with transferable Rights.

2. Bhoomidhar with Non Transferable Rights

3. Asami

4. Government Lessee.

ESTABLISHMENT OF LAND MANAGEMENT COMMITTEE

2
B.S. Sidhu, Land Reforms. Welfare and Economic Growth. Bombay, 1976, p.104.
Act' means the U. P. Zamindari Abolition and Land Reforms Act and the 'Rules' means the U. P.
Zamindari Abolition and Land Reforms Rules. The orders and directions contained in this
Manual shall be deemed to have been issued under Section 126 of the U. P. Zamindari Abolition
and Land Reforms Act read with Rule 115-A of the U.P. Zamindari Abolition and Land Reforms
Rules to the Bhumi Prabandhak Samiti (Land Management Committee) established under
Section 28-A of the U. P. Panchayat Raj Act, 1947 with the latest amendments and related case-
laws.

Bhumi Prabandhak Samiti 3- The Gram Panchayat shall also be the Bhumi Prabandhak Samiti
and as such discharge the duties of upkeep, protection and supervision of all property belonging
to or vested in or held by the Gram Panchayat under Section 117 of the U. P. Zamindari
Abolition and Land Reforms Act, 1950, or under any other provision of that Act.

Land Management Committee also known as Bhumidhar Prabandhak Samiti. Section 28 A (1),
UP Panchayat Act says Gaon Sabha shall also be the LMC to assists in the discharge of duties of
upkeep, protection and supervision of all property vested in Gaon Sabha U/S 117 Of UPZA &
LR Act. LMC consists of all members of the Gaon Panchayat. Section. 28(2)(3), UP Panchayat
Act says that Pradhan and UP Pradhan of Panchayat shall be chairman & vice-chairman of LMC.
Lekhpal of Gaon Sabha is Secretary of Land management committee.

Chairman and Vice-Chairman of the Bhumi Prabandhak Samiti 4- The Pradhan and Up-
Pradhan of the Gram Sabha shall respectively be the Chairman and the Vice-Chairman of the
Bhumi Prabandhak Samiti.

Secretary of the Bhumi Prabandhak Samiti5. - The lekhpal of the area comprised in the
jurisdiction of the Gram Panchayat shall be its Secretary.

Lekhpal not to be member of Bhumi Prabandhak Samiti. - The Lekhpal shall not be a
member of the Bhumi Prabandhak Samiti.

3
[Section 28-A (1), U. P. Panchayat Raj Act].
4
Section 28-A (2), U.P. Panchayat Raj Act.
5
Section 28-A (2), U.P. Panchayat Raj Act
 DUTIES OF LEKHPAL6

It shall be the duty of the lekhpal as secretary of the Bhumi Prabandhak Samiti-

(1) to attend the meeting of the Committee and to maintain the various registers ana records
provided under the rules or enjoined by any directions of the State Government or the
Collector under the guidance and supervision of the Chairman;

(2) to comply with and see that all the provisions of the Act and rules made thereunder and
all directions issued by the State Government or the Collector are complied with by the
Bhumi Prabandhak Samiti and shall bring to their notice any irregularity or omission on
their part;

(3) to give any information asked for by the Samiti in respect of entries in the Land Records
and to issue copies of Land Records required by the Samiti free of charge (copies issued
are to be clearly marked "for the use of Bhumi Prabandhak Samiti only");

(4) to report all cases of damage or encroachment upon the property of Gram Sabha to the
Collector and to simultaneously forward a copy of such report to the Chairman of the
Bhumi Prabandhak Samiti for information;

(5) to get leases executed by the Bhumi Prabandhak Samiti in respect of admission to the
land duly registered or attested within the prescribed period ;

(6) to attend to all matters pertaining to litigation of Gram Sabhas in respect of their
functions under U.P.Z.A. & L.R. Act; and

(7) to generally act under the direction of the Chairman in all matters pertaining to work of
the Samiti.

(8) to ensure that the entries kept under the Tahsil with the entries of Property Register in
accordance to B.O. No. 8/2-Collection-2-3-M.R., dated 9th May, 1962 and the entries
6
Rules 111 and 115-J (4), U.P.Z.A.and L.R. Rules.
 made in the Tashil Register on the pay date, have all been included in the Property
Register of Gram Sabha kept in the Tashil.

(9) The records, register and account of Bhumi Prabandhak Samiti shall be maintained by the
Chairman of the said Samiti and the Supervisor Kanungo shall check those records, registers and
accounts at least once a year and as often as the Tehsildar or the Assistant Collector-in-charge of
the subdivision may direct. It shall also be the responsibility of the Supervisor Kanungo to report
cases of mismanagement, abuse of power or negligence, misappropriation of funds,
embezzlement and other irregularities on the part of the Bhumi Prabandhak Samiti, their
Chairman or members to higher authorities concerned for necessary action, as soon as such cases
come to his notice either during the course of inspection or otherwise. [Vide Rule 115-J (4) of the
U.P.Z.A. & L.R. Rules, 1952].

Sittings and Quorum of the Bhumi Prabandhak Samiti and the Conduct of its
Proceedings
1. Meetings of the Bhumi Prabandhak Samiti 7- The Chairman of the Bhumi Prabandhak
Samiti shall call its meetings and fix the date, time and place of the same, notice for
which shall be given to all members of the Bhumi Prabandhak Samiti at least 3 days
before the date of the meeting. The signature or thumb-impression of each member shall
be taken on the notice which shall thereafter be pasted on the Proceedings Book. The
notice shall contain the agenda for the meeting, but any item other than the sale or lease
of any land not mentioned in the notice may be considered with the permission of the
Chairman.
2. Service of notice 8- The notice shall be served personally on the members of the Bhumi
Prabandhak Samiti. If it is not possible to serve the notice on any member personally,
service on any adult male member of his family and if that be also not possible,
affixation of the notice at a conspicuous place at the residence of the member, shall be
sufficient.

7
Rule 110 (1), U.P.Z.A. and L. R. Rules.
8
Rule 110 (2), U.P.Z.A. & L.R. Rules.
 3. Meetings 9- The Chairman shall, on a written requisition Signed by not less than one-
third of the members of the Bhumi Prabandhak bamiti, convene a meeting thereof within
ten days from the receipt of such requisition.
4. Presiding of meetings 10- The Chairman shall preside at all meetings of the Bhumi
Prabandhak Samiti, In his absence, the members present shall elect a President for the
meeting.
5. Quorum of meeting 11- The quorum for a meeting shall be 50 per cent of the total
number of members of the Bhumi Prabandhak Samiti.
6. No quorum necessary for an adjourned meeting12 - If any meeting of Bhumi
Prabandhak Samiti has been adjourned for want of quorum, no quorum shall be
necessary for an adjourned meeting, but the date, time and venue thereof, shall be
notified at the time or adjournment. A fresh notice of the adjourned meeting shall also be
given to all the members, in the manner hereinbefore prescribed.
7. Reading out the proceedings of the meeting.13. - The proceedings of every meeting
shall be read out, confirmed and signed by the Chairman at the subsequent meeting.
8. Record of meetings14 - The Bhumi Prabandhak Samiti shall keep a brief record of its
meetings and proceedings in B.P.S. Form 2 in Devanagri script.
9. Intervals between meetings 15- The Bhumi Prabandhak Samiti may meet at such
intervals as may be deemed expedient but not less than three times in a year, to transact
its business. It must, however, meet once between May 15 and June 15 for taking
decisions regarding letting out of land in good time before the start of the next Fasli year.
The accounts, registers and the up-to-date records of all the property of the Bhumi
Prabandhak Samiti shall be put up at least twice a year before the Samiti for its
information.
Co-option 16- The Chairman of the Bhumi Prabandhak Samiti may, with the concurrence of the
members, co-opt any other person in an advisory capacity.

9
Rule 110 (3), U.P.Z.A. & L.R. Rules.
10
Rule 110 (4), U.P.Z.A. & L.R. Rules.
11
Rule 110 (5), U.P.Z.A. & L.R. Rules.
12
Rule 110 (6), U.P.Z.A. & L. R. Rules
13
Rule 110 (7), U.P.Z.A. & L.R. Rides
14
Rule 110 (8), U.P.Z.A. & L.R. Rules.
15
Rule 110 (9), U.P.Z.A. & L.R. Rules
16
Rule 110 (10), U.P.Z.A. & L.R. Rules
 FUNCTIONS OF LAND MANAGEMENT COMMITTEE
The functions of LMC or Bhumi Prabandhak Samiti are as follows:17
(a) the settling and management of land;

(b) the conduct and prosecution of suits and proceedings by or against the Gram Sabha;

(c) the development and improvement of agriculture;

(d) the preservation, maintenance and development of forests and trees;

(e) the maintenance and development of abadi sites and village communications;

(f) the management of hats, bazars and melas;

(g) the development of co-operative farming;

(h) the development of animal husbandry which includes pisciculture and poultry farming;

(i) the consolidation of holdings;

(j) the development of cottage industries;

(k) the maintenance and development of fisheries and tanks;

(l) it shall be the duty of Bhumi Prabandhak Samiti to preserve or protect from damage, mis-
appropriation on wrongful occupation, all properties vested in it under Section 117,
U.P.Z.A. & L.R. Act, including vacant land and land over which it is entitled to take
possession under the Act and to manage and maintain all such property and land in its
possession; and

(m) such other matters, as may be prescribed.

17
Section 122-A (2), U.P.Z.A. & L.R. Ac
 POWERS OF LAND MANAGEMENT COMMITTEE:

1. POWERS TO ADMIT PERSONS IN LAND: .With the previous approval of assistant

collector to admit any person .In the land vested in the gaon sabha or land coming in its
possession under any other law.

2. POWER TO EJECT TRESPASSER AND RECOVER COMPENSATION FOR

DAMAGE OR MISAPPROPRIATION: Property under UPZA & LR Act in Gaon Sabha
is damaged or misappropriated or land of gaon sabha occupied otherwise than in
accordance with the act LMC shall inform assistant collector to initiate proceeding to eject
trespasser and to recover compensation.

3. POWER TO EJECT A PERSON FROM THE LAND OF PUBLIC UTILITY: Chairman,

Secretary or a member of LMC may make an application to the collector for ejectment
from the land of public utility u/s 212 of the act.

4. POWER TO COLLECT LAND REVENUE: .Sec. 276 0f the act .empowers state
government to charge duty on LMC .of collecting and realizing the land revenue.