ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my subject teacher ‘Assistant

Professor Miss Chandni Mam’, 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
Zamindari Abolition and Land Reforms Act, 1950” on the subject Land Laws which
helped me in achieving lot of new knowledge related to the topic.

Secondly, I would also like to thanks to my brother who helped me in finalizing this
assignment.

TABLE OF CONTENTS
1. INTRODUCTION --------------------------------------------------------------------4

2. REASONS FOR ABOLITION OF ZAMIDARI SYSTEM---------------------4

3. SALIENT FEATURES OF U.P.Z.A.L.R. ACT-----------------------------------5

4. AIMS AND OBJECTIVES OF U.P.Z.A.L.R. A CT------------------------------8

5. CLASSES OF TENUREHOLDERS UNDER U.P.Z.A.L.R ACT------------10

6. GAON SABHA AND LAND MANAGEMENT COMMITTEE-------------10

6.1 GRAM SABHA---------------------------------------------------------------------13

6.2 GRAM PANCHAYAT-------------------------------------------------------------15

6.3 LAND MANAGEMENT COMMITTEE---------------------------------------16

6.4 GAON FUND-----------------------------------------------------------------------18

6.5 CONSOLIDATED GAON FUND-----------------------------------------------19

7. LAND REVENUE-------------------------------------------------------------------19

8. CONCLUSION-----------------------------------------------------------------------20

9. BIBLIOGRAPHY--------------------------------------------------------------------21

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
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

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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
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-

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.

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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.

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-

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

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