TABLE OF CONTENTS

Content Page No.

Acknowledgment
Research Methodology
A. Aims and Objectives………………………………………………...……… 2
B. Statement of Problem…………………………………………………….... . 2
C. Research Question………………………………………………………… . .2
D. Research Methodology…………………………………………………….. . 2
E. Hypothesis ………………………………………………….………………...3

Chapter 1: Introduction……………………………………………………….....4-6
Chapter 2: Rights of cultivation of land by Bargardar…………………………..7-8
Chapter 3: Operation Barga under West Bengal land reform act…………….....9-11
Chapter 4.1: Certain safeguards for cultivated by Bargardar…………………...12
4.2: Continuation of right of cultivation on Bargadar’s death………..12-13
Chapter 5.1: Share of produce payable by a bargadar……………..…………....14-15
5.2: Bargadar entitled to recover his share in certain cases……….…..15
Chapter 6: Termination of cultivation by bargada……………………………....16
Chapter 7: Conclusion…………………………………………………………..17
Bibliograpy……………………………………………………………………...18

1
 AIMS AND OBJECTIVES

 To know about the rights of Bargardar

 To have general idea about the operation barga under West Bengal Land Reform Act
 To know the safeguards for cultivated by Bargardar

RESEARCH QUESTIONS

 What are the rights of cultivation of land by abargardar?

 What is operation Barga?
 What are the safeguards cultivated by Bargardar?

RESEARCH PROBLEMS

As in earlier days most people had to rely on the cultivation for sustaining their life, land
fragmentation and subdivision of holding also appeared in full force.

RESEARCH METHODOLOGY

This particular project study has used the basic tools and techniques of research that was
considered to be appropriate. Research is a logical and systematic search for new and useful
information on a particular topic. The research method adopted for this project is purely
analytical and descriptive in nature. The primary source of collecting data is from text books and
secondary source is from different websites. I have used Doctrinal methodology .It indicates
arranging ordering and analysis of legal structure legal frame work without any field visit

2
 HYPOTHESIS

I assume that the right of bargardar under West Land Reform Act is made hereditary. Ordinarily
the contract between the owner and the bargardar is for one year and contracts terminates on the
expiry of agricultural year but the land reform act provides that inspite of such contract the
owner will not entitled to terminate the contract in accordance with the act.

3
 CHAPTER 1: INTRODUCTION

The Land Reforms Act of India (1955) and its subsequent amendments stated that all
sharecroppers would have permanent use rights on land that they had lease and that such rights
would be inheritable. Such incumbency rights could be claimed as long as sharecroppers paid the
legal share of the crop to their landlords or did not leave the land uncultivated or unless the
landlords wished to take back the land for personal cultivation.

However, landlords routinely used the personal cultivation clause to evict tenants. There was
another major barrier. A tenant would have to formally register his status (as a tenant) with the
government. But few tenants registered, faced as they were with potential intimidation from their
landlords, the removal of other forms of support such as consumption credit, and the prospect of
[1]
a long and arduous legal battle if they truly wanted to dispute an eviction. Given this
imbalance, landlords regularly exploited their tenants, either evicting them just before the harvest
season, or giving them a lower share of the produce then they were entitled to, or refusing to give
loans or charging extremely high rates of interest on loans taken for agricultural investments by
the bargadar. Enumeration of the sharecroppers and legal recording of their tenancy would have
provided them with protection from eviction and exploitation under the existing laws itself.
However, most bargadars did not know their rights under these laws, and, given their financial
status, they were financially dependent on their landlords. Additionally, the long and tedious
recording process, and the fear of reprisals by the landlords meant that most bargadars did not
record their names. Recording drives before Operation Barga had managed to record only
400,000, out of the estimated total of 2.2-2.5 million bargadars.

1
Tim Hanstad, Robin Nielsen, West Bengal's Bargadars and Landownership

4
 HISTORY

The Left Front came to power in West Bengal in 1977 as the ruling state government. In existing
tenant laws they found possibilities to advance their agenda of agrarian reform. The Left Front
carried out a two-pronged attack. It took the no-cultivation clause seriously and closed off this
loophole. Simultaneously, it encouraged the registration of tenants through the much publicized
Operation Barga. In June 1978, based on discussions held during a workshop on Land Reforms,
the West Bengal government launched Operation Barga. This was given legal backing through
the Bengal Land Holding Revenue Act, 1979 and the Revenue Rules of 1980. In 1981 the West
Bengal Government passed a law to remove the exemptions given to orchards, plantations,
fisheries and religious trusts from the purview of the land reforms (However, it took many years
for this legislation to receive the approval of the Central Government). Operation Barga aimed to
record the names of the sharecroppers (Bargadars), who formed a major part of the agrarian
population in West Bengal and to educate them about their cultivation rights. Operation Barga
depended heavily on collective action by the sharecroppers and was qualitatively different from
the traditional Revenue Court approach, which was biased in favour of the richer and more
influential landowners.[ 2] The enumeration and recording of Sharecroppers and educating them
about their rights was an important step in raising their economic and social status. By giving
these farmers more rights, and protecting them from exploitation by the landowners, they were
assured of a relatively stable livelihood, which would improve their living standards as well, and
give them an opportunity to become landowners themselves

While Operation Barga did not directly attempt to turn the bargadars into landowners, the
legislation included two provisions intended to facilitate that conversion. Firstly, the legislation
gave bargadars priority rights to purchase the barga land if the landlord decided to sell it.
Secondly, the legislation authorized the state government to establish a "land corporation" that
would advance funds to bargadars to purchase barga land using this priority right. The second
provision has not yet been implemented due to lack of funding.

2
Suhas Chattopadhyay, Operation Barga: A commen

5
 MEANING
A Bargadar means a person who cultivates the land of the owner or, in other words, the land is
cultivated by a Bargadar. So far as the matter of cultivation, the owner has nothing to do with
cultivation. The owner remains the owner and because, he is the owner, he gets a share. The
Bargadar has to cultivate, i.e., to bear all expenses of cultivation. That means the Bargadar has to
arrange for the cattle, he has also to arrange for the plough, he has to arrange for the manure, he
has to arrange for the seed and he has also to arrange for irrigation. Ordinarily therefore, the
entire cost of all these items has to be borne by the cultivator or the Bargadar and it is then only
that it comes within the scope of the West Bengal Land Reforms Act. Besides that, a Bargadar
cultivates as he chooses and Krishan (labourer) cultivates as the owner directs. Bargadar means a
person who under the system generally known as adhibarga or bhag cultivate the land of another
person on condition of delivering a share of the produce of such land to that person. The ordinary
rights of the contracting parties are restricted by the Land Reforms Act. Ordinarily the contract
between the owner and the Bargadar is for one year and the contract terminates on the expiry of
the agricultural year but the Land Reforms Act provides that in spite of such a contract, the
owner will! not be entitled to terminate the contract, except in accordance: with the Act. 3 The
legislature made a substantial alteration in the legal position of each. The principle of
interpretation in such circumstances is that “Legislative does not intend to makes “substantial
alteration in the law beyond what it explicitly “declares either in express words or by clear
implication”. The case of M.K. Ranganathan and Another Vs. Government of Madras and
Others, may be referred to in this connection. Further the legislature refers to the three systems
known as Adhi, Barga and Bhag and does not refer to Krishan system. I cannot again hold
Krisham system was intended to be included; because the supposed spirit (of law) cannot be
given effect to in opposition to the plain language. The case of Rananjaya Singh Vs. Baijnath
Singh and Others, , may be referred to in this connection. The language used by the legislature in
an enactment is the true depository of the legislative intent. The case of Darshan Singh and
Others Vs. State of Punjab, may be cited as an authority in this connection. That language
includes Adhi, Barga and Bhag and not Krishan.

3
Tim Hanstad, Robin Nielsen, West Bengal's Bargadars and Landownership, Rural Development
Institute Archived

6
 CHAPTER 2: RIGHT OF CULTIVATION OF LAND BY A
BARGARDAR

The right of cultivation of land by a Bargadar is heritable but not transferable as per the
provisions of sub-section (2) of section 15 of the West Bengal Land Reforms Act, 1955.
In case of death of the recorded Bargadar, the cultivation of the land may be continued by the
lawful heir of the Bargadar or where there are more than one lawful heir, by such lawful heir as
may be determined by the other heirs of the deceased Bargadar within the prescribed time. If the
lawful heirs of the deceased Bargadar fail to make such determination, the officer or authority
appointed under sub-section (1) of section 18 of the West Bengal Land Reforms Act, 1955, may
nominate a lawful heir who will cultivate the land personally.

2A. Period for determination or nomination of a lawful heir and procedure

inrespect thereof.— (1) The period, within which all the lawful heirs of a deceased
bargadar, where there: are more than, one lawful heir, may determine, under subsection
(1) of section 15A, one lawful heir who may continue the cultivation of such land,
is thirty days from the date of death of the deceased bargadar.
(2) Where such lawful heirs omit or fail to determine one lawful heir as required by subsection

(1) of section 15A, within the period referred to in sub-rule (1), all or any of such
lawful heirs or the owner of the land whose land the deceased bargadar cultivated may,
within seven days from the expiry of the period referred to in sub-rule (1), make an application
before the officer or authority appointedunder sub-section (1) of section 18, giving necessary
particulars, for nominating one ofthe lawful heirs of the bargadar who is in a position to cultivate
the land personally.

(3) On receipt of such application, the officer or authority .appointed under sub-section
(1) of section 18 shall, after giving all persons interested in the cultivation of such land an
opportunity of being heard, and after making such enquiries as he or it may deem

7
necessary, make an order, under the proviso to section 15A, nominating one of the
lawful heirs of the bargadar, who is in a position to cultivate the land personally, to
continue the cultivation thereof.

(4) The application made by such officer or authority under sub-rule (3) shall be
disposed of as expeditiously as possible but not later than thirty days from the date of
making such application unless for reasons to be recorded by such officer or authority in
writing, it is not possible for him or it to dispose of such application within that period.4

2B. The terms and conditions for cultivation of land by a lawful heir

determined or nominated.—The lawful heir of a deceased bargadar, who is determined or

nominated for the cultivation of such land under sub-section (1) of section 15A shall,— (a) as
soon as thereafter as possible, inform the owner of such land and the officer or authority
appointed under subsection (1) of section 18 having jurisdiction over such land, of his
willingness to continue the cultivation of such land.
(b) take steps for continuation of the cultivation of such land— (i) within seven days from the
date of his such determination or nomination, if the agricultural operations in the neighboring
lands are in progress, or (ii) within fifteen days'" from the date of commencement of such
operation, if such operations are not then in progress',

(c) while cultivating such land, enjoy all the rights of, and discharge all the liabilities of, a
bargadar, in respect thereof, under the provisions of the West Bengal Land Reforms Act, 1955.

4
Vide Notification No. 9796 L. Ref. dated 1 June, 1956, published ' in Calcutta Gazette,
Extraordinary, dated 2 June, 1956, Pt. I, pp. 1355-1356(a). It may be noted that the
interest of bargadars. are incumbrances

8
 CHAPTER 3: OPERATION BAEGA UNDER WEST BENGAL
LAND
REFORM ACT

Operation Barga was a land reform movement throughout rural West Bengal for recording the
names of sharecroppers (bargadars) while avoiding the time-consuming method of recording
through the settlement machinery. It bestowed on the bargadars, the legal protection against
eviction by the landlords, and entitled them to the due share of the produce. Operation Barga was
launched in 1978 and concluded by the mid-1980s. Introduced in 1978, and given legal backing
in 1979 and 1980, Operation Barga became a popular but controversial measure for land reforms.
The ultimate aim of these land reforms was to facilitate the conversion of the state's bargadars
into landowners, in line with the Directive Principles of State Policy of the Indian Constitution.
To date, Op Barga has recorded the names of approximately 1.5 million bargadars. Since then, it
has been marked as one of the more successful land reforms programs in India.

To implement Operation Barga, the government adopted the principle of people's participation in
land reforms, and collective action by the stakeholders. This movement was launched with the
active assistance of not only the bargadars themselves but also of rural workers' organizations
and self-governing institutions. The operation was divided into the following five distinct steps.

1. Identification of the priority pockets with large concentration of bargadars.

2. Camping by the Government Officials at the priority pockets.
3. Meeting between the bargadars and the government officials.
4. The collective participation of the villagers in the reconnaissance and field verification to
establish the claims of sharecroppers.
5. Issue of temporary certificates called `parchas' to confirm sharecroppers as evidence of
their rights enabling them to obtain bank credit.

To begin with, group meetings between Officials and Bargadars were organized during
"settlement camps" (also called "Reorientation camps"), where the bargadars could discuss their
grievances. The first such camp was held at Halusai in Polba taluk in Hooghly district from 18 to

9
20 May 1978.The launch of Operation Barga and the legal amendments introduced changed the
landlord-bargadar relationship in two fundamental ways. First, through anti-eviction measures,
the landlords were largely prevented from forcibly throwing the bargadars off the land. In fact,
the bargadar rights were made hereditary and thus perpetual. Second, the state guaranteed that
the bargadars would receive a fair share of the crop (75 per cent if the bargadar provided the non-
labour inputs and 50 per cent if the landlord provides those inputs). This prevented exploitation
of the sharecroppers by the landowners. The 1979 amendment was considered as a radical
departure in clinching the issue of Bargadari settlement on a judicial basis. Previously it was
almost impossible for a tenant to prove his tenancy rights legally owing to the judicial and
administrative red-tapism. But in the new amendments, the responsibility of disproving a claim
to bagadari rights was squarely put on the landowners. Self-Cultivation was defined as
cultivation on the basis of physical participation by members of the landowner's family and
resumption of land under self-cultivation were made under many stringent conditions.

While land reform have generally made little headway in most of India, West Bengal has been an
exception. In all, approximately half of rural households in West Bengal have received land
reform benefits. In the 20-year period after setting land reforms in place, agricultural growth in
West Bengal skyrocketed. More important, rural poverty declined sharply and both food intake
and wages in the countryside increased significantly.

Operation Barga formed a major part of this success. Progress has occurred in three areas
1.Regulating sharecropping relationships (Operation Barga)
2. Redistributing ceiling-surplus lands in ownership (Land-ceiling Act)
3. Distributing homestead plots

Operation Barga aimed to record the names of the sharecroppers (Bargadars), who
formed a major part of the agrarian population in West Bengal and to educate them about
their cultivation rights. Operation Barga depended heavily on collective action by the
sharecroppers and was qualitatively different from the traditional Revenue Court
approach, which was biased in favour of the richer and more influential landowners

The enumeration and recording of Sharecroppers and educating them about their rights
was an important step in raising their economic and social status. By giving these farmers
more rights, and protecting them from exploitation by the landowners, they were assured

10
of a relatively stable livelihood, which would improve their living standards as well, and
give them an opportunity to become landowners themselves

While Operation Barga did not directly attempt to turn the bargadars into landowners, the
legislation included two provisions intended to facilitate that conversion. Firstly, the
legislation gave bargadars priority rights to purchase the barga land if the landlord
decided to sell it. Secondly, the legislation authorized the state government to establish a
"land corporation" that would advance funds to bargadars to purchase barga land using
this priority right. The second provision has not yet been implemented due to lack of
funding.

11
 CHAPTER 4.1: CERTAIN SAFEGUARDS FOR CULTIVATED
BY

BARGARDAR

Certain safeguards for [plot of land] cultivated by bargadars .-The provisions of

clauses (b) and (c) of sub-section (4) of section 4 shall not apply to the[plot of land] of a raiyator
any part of it which is cultivated by a bargadarso long as cultivation by a bargadar continues.

(2) The right of cultivation of land by a bargadar shall, subject to the provisions of this Chapter,
be heritable and shall not be transferable.

(3) The provisions of this Chapter shall not apply to any person not belonging to a Scheduled
Tribe claiming to be a bargadar under a raiyat belonging to a Scheduled Tribe.

CHAPTER 4.2: CONTINUATION OF RIGHT OF

CULTIVATION ON

BARGARDAR’S DEATH

15A. Continuation of right of cultivation on bargadar‘s death.—(1)

Notwithstanding anything contained in any law for the time being in force or in any contract to
the contrary, where a bargadar, cultivating any land, dies at a time when cultivation of such land
by the bargadar was continuing, the cultivation of such land may be continued by the lawful heir
of the bargadar or where there are more than one lawful heir, by such lawful heir of the bargadar
as all the lawful heirs of thebargadar may determine within the prescribed period :Provided that
where the lawful heirs of the bargadar omit or fail to make a determination as required by this
sub-section, the officer or authority appointed under sub-section (1) of section 18 may nominate

12
one of the lawful heirs of the bargadar, who is in position to cultivate the land personally, to
continue the cultivation thereof.

(2) The lawful heir of the bargadar who is determined or nominated or the cultivation of the land
shall cultivate the land subject to such terms and conditions as may be prescribed.

(3) Where—(a) no lawful heir of the bargadar is in a position to cultivate the land personally, or

(b) the lawful heirs of the bargadar fail to determine, within the prescribed period, the heir by
whom the cultivation of the land will be continued and the officer or authority appointed under
sub-section (1) of section 18 also omits or fails to nominate, within the prescribed period, any
lawful heir of the deceased bargadar for the continuation of the cultivation of the land, or

(c) the person determined or nominated under sub-section (1) omits or fails to take any steps,
within the prescribed period, for the continuation of the cultivation of the land, cultivation of the
land may be continued by such person, whether an heir of the deceased bargadar or not, as may
be nominated by the person whose land was cultivated by the deceased bargadar.

13
 CHAPTER 5: SHARE OF PRODUCE PAYABLE BY A
BARGARDAR

16. Share of produce payable by a bargadar.—(1) The produce of any land cultivated by a
bargadarshall be divided as between the bargadarand the person whose land he cultivates

(a) In the proportion of 50: 50, in a case where plough, cattle, manure and seeds necessary for
cultivation are supplied by the person owning the land,

(b) In the proportion of 75: 25, in all other cases.

(2) The bargadar shall tender, within the prescribed period, to the person whose land he
cultivates, the share of the produce due to such person.

(3) Where any share of produce tendered under sub-section (2) is accepted by the person whose
land is cultivated by the bargadar, each party shall give to the other a receipt, in such form as
may be prescribed, for the quantity of the produce received by him.

(4) If the person whose land is cultivated by the bargadar refuses to accept the share of the
produce tendered to him by the bargadar, or to give a receipt therefor, the bargadar may deposit,
within the prescribed period, such share of the produce with such officer or authority as may be
prescribed and such deposit shall discharge the bargadar from his obligation to deliver the share
of the produce to the person whose land he cultivates:Provided that where the quantity of the
produce deposited by the bargadar is lesser than the quantity of the produce due to the person
whose land he cultivates, the obligation of the bargadar with regard to the delivery of the
deficiency in relation to the produce shall continue.

(5) Where a deposit referred to in sub-section (4) has been made, the prescribed officer or
authority shall—

(a) Give to the bargadar a receipt in such form as may be prescribed stating therein the quantity
of the produce deposited by the bargadar and the particulars of the person for whom the produce
has been deposited; and

14
(b) Give intimation of such deposit, in such form and in such manner as may be prescribed, to
the person for whom the produce has been deposited.

(6) Where any produce is deposited under sub-section (4) and the person for whom the produce
has been deposited does not take delivery of such produce within fifteen days from the date of
service on him of the intimation of such deposit, the officer or authority referred to in sub-section
(4) may sell such produce and deposit the proceeds of such sale, after deducting therefrom the
cost of conducting the sale, in the treasury, in revenue deposit, to the credit of the person for
whom the produce has been deposited and give intimation of such deposit to such person, in such
form and in such manner as may be prescribed.

(7) The bargadar shall store or thresh the produce—

(a) At such place as may be agreed upon between him and the person whose land he cultivates,
or

(b) where there is disagreement between them, at such place as may be fixed by him after giving
notice, in writing, served in the prescribed manner to the person whose land he cultivates:
Provided that the person whose land is cultivated by the bargadar may at any time during the
storage or threshing of the produce, enter the place where the produce has been stored or is being
threshed for the purpose of inspecting the storage or threshing, as the case may be, of the
produce.

16A. bargadar entitled to recover his share in certain cases.—If the produce of any land
cultivated by a bargadar is harvested and taken away, or if such produce after it is harvested by
the bargadar is taken away, forcibly or otherwise, by the owner of such land, the bargadar shall
be entitled to recover from such owner the share of the produce due to him or its money value.

15
 CHAPTER 6: TERMINATION OF CULTIVATION BY
BARGADAR

No person shall be entitled to terminate cultivation of his land by a bargadar except in execution
of an order, made by such officer or authority as the State Government may appoint, on one or
more of the following grounds—(a) that the bargadar has without any reasonable cause failed to
cultivate the land, or has used it for any purpose other than agriculture;

(b) That the land is not cultivated by the bargadar personally;

(c) That the bargadar has failed to tender deposit to the full extent the share of the produce as
required by sub-section (2), or sub-section (4), as the case may be, of section 16: (d) that the
person owning the land requires it bona fide for bringing it under personal cultivation.

(2) If an owner fails to bring under personal cultivation any land, the cultivation of which by a
bargadar has been terminated under clause (d) of sub-section (1) within two years from the date
of such termination or allows such land to be cultivated by some other person, the land shall vest
in the State free from all encumbrances under an order of the prescribed authority in the
prescribed manner, and the owner of the land shall be entitled to an amount therefor in
accordance with the provisions of section 14.

(3) No bargadar shall be entitled to cultivate more than [4.00 hectares] of land. In computing this
area any land owned by the bargadar as well as the land cultivated by him as a bargadar shall be
taken into account.

(4) If a bargadar cultivates land in excess of [4.00 hectares] the share of the produce due to him
as a bargadar in respect of the land in excess of [4.00 hectares]shall be forfeited to the State
Government by the order made in this behalf by a Revenue Officer.

(5) Where any land cultivated by a bargadar is in excess of the limit specified in sub-section (4),
the person whose land is cultivated by such bargadar shall, if the excess land is within the
provisions of Chapter II-B, have the land cultivated by any person referred to in section 49 who
is willing to cultivate the said land as abargadar.

16
 CHAPTER 7: CONCLUSION

Finally I concluded that The right of cultivation of land by a Bargadar is heritable but not
transferable as per the provisions of sub-section (2) of section 15 of the West Bengal Land
Reforms Act, 1955.In case of death of the recorded Bargadar, the cultivation of the land may be
continued by the lawful heir of the Bargadar or where there are more than one lawful heir, by
such lawful heir as may be determined by the other heirs of the deceased Bargadar within the
prescribed time. If the lawful heirs of the deceased Bargadar fail to make such determination, the
officer or authority appointed under sub-section (1) of section 18 of the West Bengal Land
Reforms Act, 1955, may nominate a lawful heir who will cultivate the land personally. A
bargadar shall continue to be a bargadar until cultivation by him is lawfully terminated under this
Act. a bargadar who cultivates the land with the help of members of his family shall be deemed
to cultivate it personally. The ordinary rights of the contracting parties are restricted by the Land
Reforms Act. Ordinarily the contract between the owner and the Bargadar is for one year and the
contract terminates on the expiry of the agricultural year but the Land Reforms Act provides that
in spite of such a contract, the owner will! not be entitled to terminate the contract, except in
accordance: with the Act. The legislature made a substantial alteration in the legal position of
each. The principle of interpretation in such circumstances is that “Legislative does not intend to
makes “substantial alteration in the law beyond what it explicitly “declares either in express
words or by clear implication.

17
 BIOLIOGRAPHY

Books referred:

1. SarkarBabu, Land Laws Of West Bengal, R. Cambray and Co. Private Ltd.

Sites referred:

1. https://en.wikipedia.org/wiki/Land_law
2. http://bdlaws.minlaw.gov.bd/sections_detail.php?id=665&sections_id=8978
3. http://dllromsd.org/LAW_WEB/act14
4. https://www.legalcrystal.com/act/137779/west-bengal-land-reforms-act-1955-complete-
act
5. https://www.researchgate.net/publication/257141526_Eviction_of_Bargadars_Under_Sta
te_Patronage_in_Leftist_West_Bengal_A_Policy_Perspective

18