Damodaram Sanjivayya National Law

University,Visakhapatnam

PROJECT ON: - U.P. LAND LAWS

(UNDER THE SUPERVISION OF Dr. Aravind Nath Sir)

BY-
Harshit Malviya
9th Sem
2016039
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 ACKNOWLEDGEMENT

“I would like to express my special thanks of gratitude to my subject teacher Dr. Aravind
Nath Tripathii sir, who gave me the auspicious opportunity and assisted me a lot in
completion of this assignment on the topic, i.e An Evaluation of Uttar Pradesh Zamidari
Abolition and Land Reforms Act, 1950 on the subject Public International Law which
helped me in achieving lot of new knowledge related to the topic.”

“Secondly, I would also like to thanks to all my friends and family members who helped me
in finalizing this assignment.”

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 TOPIC

“AN EVALUATION OF UTTAR PRADESH ZAMIDARI

ABOLITION AND LAND REFORMS ACT, 1950”

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 INDEX

1. INTRODUCTION --------------------------------------------------------------------5

2. REASONS FOR ABOLITION OF ZAMIDARI SYSTEM---------------------5

3. SALIENT FEATURES OF U.P.Z.A.L.R. ACT-----------------------------------6

4. AIMS AND OBJECTIVES OF U.P.Z.A.L.R. A CT------------------------------9

5. CLASSES OF TENUREHOLDERS UNDER U.P.Z.A.L.R ACT------------11

6. GAON SABHA AND LAND MANAGEMENT COMMITTEE-------------14

6.1 GRAM SABHA---------------------------------------------------------------------14

6.2 GRAM PANCHAYAT-------------------------------------------------------------16

6.3 LAND MANAGEMENT COMMITTEE---------------------------------------17

6.4 GAON FUND-----------------------------------------------------------------------19

6.5 CONSOLIDATED GAON FUND-----------------------------------------------20

7. LAND REVENUE-------------------------------------------------------------------20

8. CONCLUSION-----------------------------------------------------------------------21

9. BIBLIOGRAPHY--------------------------------------------------------------------22

10. ABSTRACT-------------------------------------------------------------------------23

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 AN EVALUATION OF UTTAR PRADESH ZAMIDARI
ABOLITION AND LAND REFORMS ACT, 1950

1. INTRODUCTION:-
“The Zamindari system in India was the outcome of British rule. Lord Canning was in fact
the mind, who created the landlords. The British conquerors created the Zamindari system for
reason of expediency and administrative convenience. The Zamindars were, in fact, a
convenient reactionary social base for establishing foreign rule over peasantry and people.
Fasli year can be ascertained by deducting between - 1 Jaunuary to 30 June- Years-592 and
from 1 July to 31 December- Years-593 from Gregorian Calender. Vesting Order: Section 4
of the Act provided that the vesting of the estates was to take place from such date as the
State Government might notify in the Gazette. On 1st date of July, 1952 all the estates of
intermediaries vested in the State of Uttar Pradesh.” This date is called the "date of vesting".1

“The U.P. Zamidari Abolition and Land Reforms Act,1950 was passed with a view to abolish
the British Creation Zamidari System. The name of the act itself suggestions that it was
created for abolition of Zamidari System, to reform the law realting to land tenure system and
to make provision for other matters connected therewith. The U.P. Zamidari Abolition and
Land Reforms Act,1950 (in short UPZALR Act) came into force on January 26, 1951. The
UPZALR Act has been divided into two parts. The part one consists with chapters 1 to6. The
part two consists with 6 to 12 chapters, seven schedule and 344 sections.2”

2 . REASONS FOR ABOLITION OF ZAMIDARI SYSTEM:

“The reasons as to why the Zamindari system has been abolished is not given in the Act.
However, some of the reasons can be given which are as follows:”

1. “Under the Zamindari system peasants were not recognised as the owners of the land. The
tenants could be ejected by the Zamindars at any time. The cultivators had no fixity of tenure
and fixity of rent The peasants were, therefore, not giving their full capacity to improve the”

1
https://www.iasnext.com/Images/Download/U.P.Z.A&L.R-Act-for-UPPCS-J-MAINS--71.pdf
2
https://www.lawatoz.com/2018/07/salient-features-of-uttar-pradesh.html

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“productivity. Therefore, in order to increase the agricultural production, it was necessary to
remove the intermediaries.”

2. “The various classes of intermediaries, who were functioning as rent receivers, did nothing
to improve the land and left the land where they were. The Zamindars were far from the
moral principle "he who does not work shall not eat either". Therefore, in order to put
everybody to work it was desirable to remove the idle class.”

3. “The Zamindar class was the social base by the British to help them maintaining their rule.
This British creation had to be abolished.”

4. “In order to increase the state revenue the abolition of Zamindari was inevitable.”

5. “Instead of improving the condition of the cultivators and the soil the landlords have been
responsible for the steady improverishment of both the cultivators and the land. They have
indulged in rack renting and illegal exactions. Their betrayal necessitated their aboliitons.”

6. “The system had prevented the nation from exploiting all the natural resources for
increaing food production. It had become intolerable by the peasantry. At the same time the
Zamindari was believed to have become obsolete and outdated institution. Therefore, it was
discredited everywhere in the world. According to Bengal Land Revenue Commission, 1940
"the Zamindari system has developed so many defects that it has ceased to serve any national
interest. Eventually, the system was abolished all over the country.3”

3. SALIENT FEATURES OF UTTAR PRADESH ZAMIDARI

ABOLITION AND LAND REFORMS ACT, 1950 :
Salient features of U.P. Zamindari Abolition and Land Reforms Act, 1950 are as under:-
1. Abolition of Zamindari System-

“The Act abolishes the zamindari system which involved intermediaries between the state
and cultivators, with effect from the date of vesting i: e:July1, 1952.All the rights, interests
and titles of intermediaries vested in the state of Uttar Pradesh. Zamindars were divested of
their rights not only in the upper portion of the land but also in the sub-soils.”

2. Payment of Compensation-
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“The Act provides that all Zamindars (intermediaries) whose rights, title or interest in any
estate are acquired are entitled to get compensation. The compensation is to be paid to them
equal to eight times of their net assets. In awarding compensation, no distinction is made
between the bigger intermediary and the smaller one, between the main Zamindar and the
Thekadar and between natural person and artificial person like waqfs, trusts and
endowments.”

3. Payments of Rehabilitation Grant-

“Besides the compensation, Act also provides for payment of Rehabilitation grant. Thekadar
are not entitled to this grant . Thus, Zamindars paying annual land revenue up to Rs.10,000
are entitled to both compensation and rehabilitation grant. Compensation is payable at the
uniform rate of eight times of the net income (assets), but rehabilitation grant is payable on
the graded rates ranging from one to twenty times of the net income. The grant is largest for
the low incomes and smallest for those with comparatively large incomes.”

4. Cultivating Rights Maintained-

“It may be noted that he who cultivates the land should be the owner of it was the underlined
policy of the land law. This policy has been fully enshrined in the act. The Act maintained the
cultivating rights of every person, whether he be a Zamindar, a Thekadar a mortgage of an
estate ,a tenant or a sub-tenant. Zamindars retained their unlet sir and khudkasht land in the
status of tenure holder and become Bhumidhar of such land. Similarly the tenant of sir land
and the subtenant become adhivasi. Thus all persons continued to retain possession of the
lands they were cultivating.”

5. Land-tenure System Simplified-

“Prior to the enforcement of the U.P. Zamindari Abolition & L.R. Act, there were fourteen
varieties of land tenures all complex and bewildering. The Act substituted and classified them
into three classes of tenure these were Bhumidhar, sirdar and Asami.”
Bhumidhar “has transferable permanent and heritable right in land. Sirdar’s right is
permanent and heritable. Asami had only tenure.Adhivasi- this fourth tenure was short lived ,
because in October, 1954 all adhivasi were made sirdar.”

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6. Prohibition of letting-

“With the object that the zamindari system may not spread its tentacle again, tenure holders
are prohibited from letting out the whole or part of their holdings for any period whatsoever.
If tenure holders let his land, his right shall come to an end. Exceptions are however given on
humanitarian grounds to persons suffering from mental or physical infirmity or person under
legal disability and who are unable to cultivate the land personally. Such persons are woman,
minor, idiot, lunatic, blind, student and persons in detention or imprisonment.”

7. Prohibition for the Accumulation of land-

“According to S.154(1) in future no tenure holder with his/ her spouse and minor children can
acquire by purchase or gift land the result of which he becomes entitled to land exceeding
12.5 acres in the aggregate. To avoid concentration of land in the hands of a few persons is
the principle behind this prohibition. Persons having more than 12.5 acres of land shall retain
their holdings but they cannot have any other land by purchase by gift.”

8. Prohibition for the Creation of Uneconomic holding-

“The Act prohibits the court to divide the holding (or holdings) the area of which is 3-1/8
acres. Whenever in a suit for division the court finds that the aggregate area of land to be
divided does not exceed 3-1/8 acres the court shall instead of proceeding to divide the land
direct the sale of the same and distribution of the sale proceeds in accordance with the
respective shares of the parties.In 2004 this provision was amended to allow transfer even
below the earlier specified limits.”

9.Uniform Rule of Succession-

“The Act removes not only the intermediaries from land law but also the religions. Now on
the death of a tenure holder his interest in the holding shall devolve to heirs enumerated U/S.
171 to 175, and not to personal law heirs. This rule of succession is applicable to all the
tenure holders, whether he is a Bhumidhar, sirdar or an Asami and whether he is a Hindu a
Muslim or a person professing religion other then Hindu and Muslim.”

10. Establishment of village Republics-

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 “Prior to the enforcement of U.P.Z.A. & L.R.A there were two institutions Gaon Sabhs’s and
Gaon Panchayats which were already established under the U.P. Panchayat Raj Act, 1947.
This act established two more institutions, viz Gaon Samaj and Land Management
committee. All the estates vested in the state Government were later on vested in the Gaon
Samaj (Now Gaon sabha) and were to be managed by the land management committee the
special executive body of the Gaon Sabha. All lands of common utility such as abadi sites,
Pathways, waste land ,fisheries, village forests,hats,bazars and melas shall vest in the Gram
Sabha .This makes the village a small republic. A co-operative community is intended to
facilitate economic and social development and to encourage the growth of social
responsibility and community spirit.”

11. Wells, trees and Buildings settled with the existing owner thereof-

“All wells, trees in the abadi and all buildings situated in the zamindari estate allowed to be
remained in the possession of existing owners or occupiers thereof, and it would be seemed to
be settled with them as owners thereof. The site of wells or the buildings with area
appurtenant thereto was also deemed to be settled with the owners of wells or buildings
irrespective of his being a zamindar, tenant or a non –tenant.4”

4. AIMS AND OBJECTIVES OF UTTAR PRADESH ZAMIDARI

ABOLITION AND LAND REFORMS ACT, 1950:-
It is to be noted that the objects of enacting an Act may be found in the “Preamble” of the Act
or in the “Statement of Objects and Reasons” accompanied the Bill or by reading the whole
enactment together. The Preamble of the Act states as under-

“Where as it is expedient to provide for the abolition of the zamindari system which involves
intermediaries between the tiller of the soil and the state in Uttar Pradesh and for the
acquisition of their rights, title and interest and to reform the law relating to land tenure
consequent on such abolition and acquisition and acquisition and to make provision or other
matters connected three with;”

It is hereby enacted as follows:-

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The following objects are deduced from the Preamble:

1. Abolition of zamindari system which involved intermediaries between the tiller of the soil
and the State
2. Acquisition of rights, title and interest of intermediaries.
3. To reform the law relating to land tenure consequent on such abolition and acquisition.
4. To make provision for other matters connected therewith.
“provision for other matters” includes the allotment of land collection of land revenue the
superintendence management and control of estates acquired from the intermediaries.”

Introducing the U.P. Zamindari Abolition and land Reforms bill in the Assembly of july 7,
1949, Pt. Govind Ballabh Pant (the then Chief Minister) declared:
“The main object of the new land system is to give every one full opportunity for maximum
growth and development through personal effort. Distinction of high and low ,superior and
inferior ,exploiter and exploited should disappear and all people working together should
succeed to taking society and the country forward along the path of progress. The spirit of
public hood and Sarvodaya should animate every village in the state so that agriculture may
improve in every way and the land may yield twice, and even four times as much as it does
today; the entire countryside may look green and prosperous and food grains may be
produced and made available for all in abundance.”

“The main purpose of the bill is to encourage production to raise standard and to enable every
man to produce more than he is producing today and also in a way to induce those who have
so far exploited others or lived on the labour of other to produce for themselves. We cannot
have any drones in a free India.”5

The statement of “Aims,Objects and Reasons” of the Uttar Pradesh Zamindari Abolition and
land reforms, Bill, which was published in U.P. Gazette (Extraordinary), dated June 10, 1949,
is summarized below:-

1. Abolition of Zamindari system.

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https://hi-in.facebook.com/LLBNOTESFIRSTYEARRELIABLE/posts/object-scope-extent-and-applicability-of-u-
p-zamindari-abolition-and-land-reform/1187724104689162/

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2. The acquisition of intermediaries rights on payment of copensation.

3. Substitution of bewildering variety of existing land tenures by a simple and uniform

scheme.

4. Prohibition of letting and subletting.

5. Development of village republic.

6. To prevent the creation of uneconomic holding, and prohibition of accumulation of large

holdings.

7. To encourage cooperative farming.

8. To vest all lands of common utitlity in Goan Sabha with wide powers of land
management.6

5. CLASSES ON TENURE HOLDERS UNDER U.P. ZAMIDARI

ABOLITON ACT:
“Before coming into operation of the UP Zamindari Abolition and Land Reforms Act
(UPZA&LR) 1950, there were 14 types of tenures. These divisions were very complicated.
Therefore, the Act has abolished all the old varity of land tenures and substituted them into
four:”

1. Bhumidhar

2. Sirdar

3. Asami

4. Adhivasi

“Adhivasi was the transtional form of land tenure. Adhvasis were to disappear after 5 years
from the sphere of land law, from the date of the commencement of the Act.”

“The UPZA&LR (Amendment) Act 1958 added Section 133 A in the UPZA&LR Act, which
adds another category viz. "government lesses". But, the rights and liabilities of government

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lessees shall be governed by the terms and conditions of their lease and not by the provisions
of this Act. 7”

“The UP Land Laws (Amendment) Act, 1977 converted all sirdas into Bhumidhars and the
Bhimidhars were divided into two classes, viz (i) Bhumidhar with transferable rights and (ii)
Bhumidhar with non-transfrable rights. Asamis were left untouched. Therefore from January
28, 1977, there are three tenure holders in the land law:”

1. “Bhumidhar with transferable rights.”

2. “Bhumidhar with non-tranferable rights”

3. “Asami”

1. “Bhumidhar with transferable rights: Section 130 of the UPZA&LR Act, provides four
classes of such Bhumidhars:”

a. “Every person who became Bhumidhar on the abolition of Zamindari.”

b. “Every person who became sirdas on the abolition of Zamindari and acquired Bhumidhari
rights by depositing ten times of the land revenue.”

c. “Every person who was a sirdas immediately before the commencement of the UP Land
Laws (Amendment) Act, 1977 and had right to become bhumidhar by depositing ten times of
the land revenue.”

d. “Every person who in any other manner acquires the right of bhumidhar with tranferable
rights under or in accordance with the provision of this Act.”

“Bhimudhar with transferable rights is the highest type of tenure holder. His interest is
permanent, heritable and transferable.”

2. “Bhumidhar with non-transferable right: Section 131 and Section 131 A of the UPZA&LR
Act provide following persons as Bhumidhar with non-transferable rights:”

a. “Every person admitted as sirdas of any land under Section 195 before the date of
commencement of UP Land Laws (Amendments) Act 1977 or as a bhumidhar with
nontransferable rights under the said section on or after the said date.”

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Bareact of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950, Reprint edition : 2019

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b. “Every person who is or has been allotted any land under the provisions of the UP
Bhoodan Yojna Act, 1952.”

c. “With effect from July 1, 1981 every person with whom surplus land is or has been settled
Section 26 A or sub-section (3) of Section or after the said date.”

d. “In the portion of District Sonbhadra, South of Kaimur Range, every person in cultivator
possession of any land, vested in a Gaon Sabhe or belonging to the state government, before
June 30, 1978, provided:”

i. “It is not land notified under Section 20 of the Indian Forest Act, 1927.”

ii. “It does not exceed the maximum ceiling area determined under the UP Imposition of
Ceiling on Land Holdings Act, 1960”

iii. “It is not land mentioned under section 132 or section 133 A.”

e. “Every person who in any other manner acquires the right of such a bhumidhar under or in
accordance with the provisions of this Act. 8”

“The UP Zamindari Abolition and Land Reforms (UPZA&LR) (Amendment) Act 1995
inserted section 131 B in the Act. Accordingly every non-transferable rights of bhumidhar
who has already completed 10 years or more from the date of allotment of land, the person
will obtain transferable right in the land and rest other persons who have got the possession of
land later on, shall acquire the bhumidhari and transferable right after the completion of a
period of ten years. But, the person who has acquired the bhumidhari transferable right in
land by way of sale, shall be further ineligible for the grant of lease of the land vested in
Gram Sabha or land declared as surplus in Up Imposition of Ceiling on Land Holding Act,
1960.”

3. “Asami: The Act provides four classes of persons as Asami. They are as follows:”

a. “Every person who as a consequence of Zamindari abolition became an asami.”

b. “Every person who is admitted by the Land Management Committee by a bhumidhar as a

lessee of land.”

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Book on Uttar Pradesh Land Law, by R.R. Maurya, Twenty First Edition 2015.

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c. “Every person who is admitted by the Land Management Committee or the person entitled,
as a lessee of land described in Section 132.”

d. “Every person who in any other manner acquires the rights of an asami under thus Act or
any other law.9”

6. GAON SABHA AND LAND MANAGEMENT COMMITTEE:

“There are three institutions in the village which are constituted and established under UP
Panchayat Raj Act, 1947. In the year 1994 some amendments were made in UP Panchayat
Raj Act which brought changes in the powers, rights and duties of the members of these
institutions. These three institutions are: gram sabha, gram panchayat and Land Management
Committee (LMC) or the BHumi Prabandhak Samiti.”

6.1 GRAM SABHA

“Section 3 of the Panchayat Raj Act provides for the establishment of the Gram Sabha. It is a
body consisting of persons registered in the electoral rolls relating to a village comprised
within the area of Gram Panchayat. It is to be established by the state governement for a
village or a grup of villages. The satate government after the amendment in 1994 estan;osjed
the gaon sabha on the minimum population of 1000 voters.”

“The gram sabha is a comrporate body having perpetual succession and common seal. Gram
sabha has the power to acquires the property by purchase, gift or otherwise. It can hold,
administer and transfer the movable or immovable property. It can enter into a contract, may
sue or be sued.”

“Section 117 of UPZA&LR Act provides for the vesting of certain lands, etc. in gram sabha.
The section empowers the state government to revest all or any of the things mentioned
therein in the gram sabha by delaration through notification in the official Gazette. The state
governemnt, thus, revested in the gram sabha the following:”

1. Lands (cultivable or not)

2. Forests, situated within the area of gram sabha

3. Trees, other than trees in a holding, or on a boundary of a in a grove, or in the abadi.

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4. Fisheries

5. Haats, bazaars and melaas, except those which are vested in the bhumidhar or owners of
the buildings or which are vested in the Zila Panchayat under Section 119.

6. Tanks, ponds, private ferries, water channels, pathways and abadi sites.

a. Jurisdiction of gram sabha:

“Gram sabha has jurisdiction over all public prosperities situated within its territorial limits.
The state government may entrust in a gram sabha public prosperities which are situated
outside the territorial limits of the gram sabha. Such gram sabha or its LMC shall perform,
discharge or exercise the functions, duties and powers assigned or imposed or conferred by or
under this Act or the UP Panchayat Act. These powers etc. will be subjected to modifications
or conditions as may be prescribed.”

b. Functions, duties and powers:

They are twofold:

1. Relating to land and

2. General Powers and duties

“LMC is responsible for the functions, duties and powers in relation to land etc., whereas the
entrustment of general acts other lands are with the gram panchayat which acts on behalf of
the gram sabha.”

“There are certain functions which are required to be performed only by gram sabha e.g. to
hold meetings twice in each year. Section 11(1) of the Panchayat Raj Act provides that these
meetings are to be held soon after the harvesting of the kharif crop and thether soon after the
harvesting of rabi crop. The other important function is to impose the taxes and fees as
mentioned under section 37 of the Panchayat Raj Act. The gram pradhan is required to call”
“extraordinary meetings in which development programmes shall be considered along with
other things.10”

6.2 GRAM PANCHAYAT

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U.P. Land law Notes, of Amit Law Institute

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“Gram panchayat is constituted under section 12 of UP Panchayat Raj Act as an executive
committee of the gram sabha. The members are elected from amongst the members of gram
sabha. Section 11 provides the scale in accordance of which the number of members shall be
decided, 30% membership shall be reserved for women. The UP Panchayat Raj Act
(Amendment) 1994 provides that government have power to make reservation of office of
pradhan and uppradhan as per reservation policy to the SC, ST and OBC. One-third of the
total member of offices of pradhan shall be reserved for women.”

“Every person who is residing under the gram sabha and has completed 18 years of ages will
be entitled to contest the election of panchayat and may cast his vote. But if any person who
desires to contest the election for the post of office bearer shall be deemed ineligible to
contest the election of panchayat.”

“It is provided by the UP Panchayat Raj (Amendment) Rules 1996 that at any moment if the
members of the panchayat feel that gram pradhan or up-pradhan is not discharging his duties
properly, the members exercising their powers under section 14 of the act, a written proposal
with reasons, in this regard signed by not less than half of the members shall be presented
before District panchayat raj officer, by at least three signed members. The district panchayat
raj officer after being satisfied shall fix the date by not later than 30th day for the discussion
against the officer bearer in the gram sabha. On the day either the district panchayat raj
officer will be present himself or any authorized official will be deputed by him to consider
the matter in question and after the discussion of 2 hours, by secret ballot papers voting will
be done and thereafter result will be declared.”

“Section 15 and 16 of UP Panchayat Raj Act mentions the functions and duties of gram
panchayat, which are summarized as below:”

1. Establishing and maintaining primary schools for boys and girls

2. Arranging for the sanitation of the village

3. Maternity and child welfares

4. Arranging and regulating the sources of water supply for drinking purposes.

5. Establishment, management and care of common grazing grounds

6. Allotment of places for storing manure

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7. Registering births, deaths and marriages and maintenance of other records as prescribed

8. Assisting the development of agriculture, commerce and industry.11

6.3 LAND MANAGEMENT COMMITTEE

“According to section 28 A of UP Panchayat Raj Act the gaon panchayat of every gaon sabha
shall also be LMC to assist it in the discharge of its duties of up-keep, protection and
supervision of all property vested in the gaon sabha under section 117 of the UPZA and LR
Act, and all other property vested in the or coming into its possession under any other
provision of the UPZA and LR Act.”

“The LMC consists of all the members of gaon panchayat, lekhpal of the gaon sabha is the
secretary of the LMC, while the secretary of the gaon panchayat is gaon panchayat adhikari,
who is an employee of panchayat raj department. The situation is thus the same pradhan of
gaon sabha is exofficio pradhan of its gaon panchayat and the chairman of its LMC.”

a. Functions and Duties:

1. The setting and management of the land
2. The conduct and prosecution of suits and proceedings by or against the gaon sabha
3. The development and improvement of agriculture
4. The preservation, maintenance and development of forests and trees
5. The maintenance and development of abadi sites and village communications
6. The management of haats, bazaars, melaas
7. The development of cottage industries
8. The maintenance and development of fisheries and tanks
9. The consolidation of holdings
10. Such other matters as may be prescribed.

b. Powers of Land Management Commitee:

1) “With the previous approval of asst. collector, the committee can admit any person in
land vested in the gaon sabha or coming into its possession under any provision of the
law.”

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 2) “Where any property of the gaon sabha is damaged or misappropriated, the committee
shall inform asst. collector, who will initate proceedings for ejectment and
compensation thereof.”
3) “The chairman, secretary or a member of LMC may make anapplication to the
collector for the ejectment from the land of public utility mentioned under section 212
of the UPZA and LR Act.”

4) “LMC, if empowered by the state government, may collect and realize the land
revenue. The committee shall be paid a commission of 6.25% on the land revenue
collected and realized by it.”
5) “Where a bhumidhar with nontransferable rights, being a minor, idiot or lunatic has
not used his holding for a purpose connected with agriculture, horticulture or animal
husbandry which includes pisiculture and poultry farming for two consecutive fasli
years, the LMC may admit on behalf of the said bhumidhar any person as an asami.”

6) In some cases, LMC is entitled to take possession over land:

a) When a bhumidhar with transferable rights dies heirless and without making a valid
will.
b) When a bhumidhar with nontransferable rights dies heirless.
c) When a bhumidhar with nontransferable rights surrenders his holding or his holding is
abandoned.
d) When a bhumidhar is ejected from the holding in accordance with the provision of the
Act.
e) When an asami of the gaon sabha is ejected or dies heirless.

7) “LMC may with the previous approval of the Asst. Collector incharge of the sub-division,
allot land for purposes of building houses to members of SC, ST, agricultural labourers or
village artisans.”

8) “LMC has right to deal with waste land, forests and scattered trees. Section 123A of the
UPZA and LR Act provides for the liability of the members of the LMC.”

“Every member shall be liable for the loss, waste or misapplication is a direct consequence of
neglect or misconduct of the member of the LMC. A suit for compensation may be instituted

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against such erring member of the LMC or the gaon sabha with the previous sanction of the
collector.”

6.4 Gaon fund:

“Section 132 of the UP Panchayat Raj Act provides for the establishment of a gaon fund for
each gaon sabha. All sums received by the gaon sabha, gaon panchayat or the LMC, except
damages and compensation money shall be credited to the gaon fund .”

“This fund shall be utilized for carrying out the duties or obligations imposed upon the gaon
sabha or the gaon panchayat or the LMC. The fund will be raised from:”

1. The proceeds of any tax imposed under UP Panchayat Raj Act.

2. All sums handed over by the state government to the gaon sabha

3. Sums contribution to the gaon fund by the zila parishad or other local authority

4. The sale proceeds of all dust, dirt, dung or refuse collected by the servants of the gram
panchayats.

5. Sums received as tehbazari from haats, bazaars and melaas

6. Sums received from the grant of theka to take fist from ponds, tanks and fisheries

7. All sums received by way of loan or gift

8. All other sums as may be assigned to the gaon fund by any special or general order of the
state government.

The administration of the gaon fund shall be in the hands of the LMC subject to the general
control of tahsildar.12

6.5 Consolidated gaon fund:

“It shall be administered and operated by the collector. Every gaon sabha in the district shall
pay annually to the consolidated gaon fund as may be fixed by the collector. The fund shall
also receive amount of compensation and damages.13”
12
U.P. Land law Notes, of Amit Law Institute
13
Bareact of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950, Reprint edition : 2019

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7. LAND REVENUE:
“Revenue is a tax imposed by the state and is fixed in accordance with some principles
incorporated in a statute. Land revenue is a tax on land or its produce paid to the government.
The exclusive jurisdiction has been conferred on the revenue courts relating to land revenue.
All land held by a person who is or is deemed to be a bhumidhar as such and wherever
situate, is liable to the payment of land revenue to the state government except such land as
may be exempted whether wholly or partially from such liability by grant of, or contract with
the state government . Section 243 provides for the persons who are liable to pay land
revenue. It runs thus "all bhumidhars in any holding shall be jointly and severally responsible
to the state government for the payment of land revenue for the time being assessed thereon”.
That is to say that the liability for the payment of land revenue is not only upon all
bhumidhars but also upon all persons succeeding by inheritance, purchase, gift, exchange or
otherwise to the interest of such bhumidhars and they shall be responsible of all arrears of
land revenue due at the time of their succession.14”

8. CONCLUSION:

“The above study of the Uttar Pradesh Zamidari Abolition and Land Reforms Act, we can
conclude that the Zamindari system in India was the outcome of British rule. Lord Canning
was in fact the mind, who created the landlords. The British conquerors created the

14
Book on Uttar Pradesh Land Law, by R.R. Maurya, Twenty First Edition 2015.

20
Zamindari system for reason of expediency and administrative convenience. The Zamindars
were, in fact, a convenient reactionary social base for establishing foreign rule over peasantry
and people.”

“The Uttar Pradesh Assembly passed a resolution on 8 th August, 1946 on the principle of
abolition of the zamidari system that was accepted by the assembly. Further the Zamidari
Abolition Committee was formed under the chairmanship of Pt. Govind Ballabh Pant. The
committee submitted its report in August 1948. On the recommendations of Zamidari
Abolition Committee, a bill was drafted named Uttar Pradesh Zamidari Abolition and Land
Reforms Act, that was passed after and became the law of the land.”

“Vesting Order: Section 4 of the Act provided that the vesting of the estates was to take place
from such date as the State Government might notify in the Gazette. On 1st date of July, 1952
all the estates of intermediaries vested in the State of Uttar Pradesh. This date is called the
date of vesting.”

“The U.P. Zamidari Abolition and Land Reforms Act,1950 (in short UPZALR Act) came into
force on January 26, 1951. The UPZALR Act has been divided into two parts. The part one
consists with chapters 1 to 6. The part two consists with 6 to 12 chapters, seven schedule and
344 sections. The U.P. Zamidari Abolition and Land Reforms Act,1950 was passed with a
view to abolish the British Creation Zamidari System. The name of the act itself suggestions
that it was created for abolition of Zamidari System, to reform the law realting to land tenure
system and to make provision for other matters connected therewith.”

BIBLIOGRAPHY

“The following are some of the sources which helped in the completion of this assignment:-

Books and Statutes Referred:-”

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 1. Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950,

Reprint edition: 2019

2. Book on Uttar Pradesh Land Law, Twenty First Edition 2015.

By R.R. Maurya

3. Uttar Pradesh Local Laws, Published by Universal Law Publisher

Websites Referred:-

1. Lawctopus.com
2. Legalservices.India
3. Iclg.com
4. Lawyer-monthly.com
5. Blog.ipleaders.in
6. Wikipedia.org
7. indiankanoon.org
8. casemine.com
9. swarb.co.uk
10. iasnext.com
11. lawatoz.com
12. facebook.com

Abstract
Land distribution has been part of India's state policy from the very beginning. Independent
India's most revolutionary land policy was perhaps the abolition of the Zamindari system
(feudal landholding practices). Land-reform policy in India had two specific objectives: "The
first is to remove such impediments to increase in agricultural production as arise from the
agrarian structure inherited from the past. The second objective, which is closely related to

22
the first, is to eliminate all elements of exploitation and social injustice within the agrarian
system, to provide security for the tiller of the soil and assure equality of status and
opportunity to all sections of the rural population.” Since its independence in 1947, there has
been voluntary and state-initiated/mediated land reforms in several states with dual objective
of efficient use of land  and ensuring social justice. The most notable and successful example
of land reforms are in the states of West Bengal and Kerala. Other than these state-sponsored
attempts of reforming land ownership and control, there was another attempt to bring changes
in the regime which achieved limited success; famously known as Bhoodan
movement (Government of India, Ministry of Rural Development 2003, Annex XXXIX).
Some other research has shown that during the movement, in the Vidarbha region, 14 per
cent of the land records are incomplete, thus prohibiting transfer to the poor. 24 per cent of
the land promised had never actually become part of the movement. The Gramdan which
arguably took place in 160,000 pockets did not legalise the process under the state laws
(Committee on Land Reform 2009, 77, Ministry of Rural Development).

After promising land reforms and elected to power in West Bengal in 1977, the Communist
Party of India (Marxist) (CPI(M)) kept their word and initiated gradual land reforms, such
as Operation Barga. The result was a more equitable distribution of land among the landless
farmers, and enumeration of landless farmers. This has ensured an almost lifelong loyalty
from the farmers and the communists were in power till 2011 assembly election.

In land reform in Kerala, the only other large state where the CPI(M) came to power, state
administrations have actually carried out the most extensive land, tenancy and agrarian labour
wage reforms in the non-socialist late-industrialising world.Another successful land reform
program was launched in Jammu and Kashmir after 1947.

All in all, land reforms have been successful only in pockets of the country, as people have
often found loopholes in the laws that set limits on the maximum area of land that is allowed
to be held by any one person.

Ernest Feder, a specialist of rural economics, has said of the matter:

"...though since 1947, India has enacted perhaps more land reform legislation
than any other country in the world, it has not succeeded in changing in any
essentials the power pattern, the deep economic disparities, nor the traditional
hierarchical nature of intergroup relationships which govern the economic life
of village society."

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