2020 & 2022 Land Laws Previous Year Questions: Topic Wise

Zamindari:

1. Describe briefly the main reasons for the abolition of Zamindari in the state of U.P. or Discuss the aims and
objectives of U.P. Zamindari Abolition & Land Reforms Act, 1950. How far the Act has achieved its
objectives?
2. Mention the consequences of vesting of estates in the state of Uttar Pradesh under the U.P. Zamindari
Abolition and Land Reforms Act, 1950 (U.P.Z.A. & L.R Act 1950).
3. Who become 'Sirdar after UP Zamindari Abolition and Land Reforms Act. 1950.
4. After the U.P. Zamindari Abolition & Land Reforms Act, who become the Asami?

Gram Panchayat:

1. What is the order of preference in the allotment of lands of Gram Panchayat? Who can set aside the order
of allotment and where its appeal lies?
2. Discuss the powers. functions and composition of Gram Panchayat.
3. Gram Panchayat has proved to be an important institution in the system of Land Reform." Discuss this
statement and mention the properties verted in the Gram Panchayat.

Bhumidhar & Rights:

1. What is the difference between the rights of Bhumidhar with transferable rights and Bhumidhar with non-
transferable rights? Can a Bhumidhar with non-transferable rights acquire the rights of a Bhumidhar with
transferable rights?
2. Who is a Bhumidhar with non-transferable rights? What are his rights and liabilities? When his interest in
the holding is extinguished?

Revenue Courts:

1. What are the different types of Revenue Courts? Discuss the composition, powers, and functions of the
Revenue Board established under the U.P. Land Revenue Act.)

Holding Act:

1. Discuss the salient features of U.P. Imposition of Ceiling on Land Holdings Act, 1960.
2. Discuss the salient features of U.P. consolidation of Holding Act.

Individual Topics:

1. What do you mean by Mutation? Describe the procedure of mutation on the ground of succession and
transfer.
2. Whether letting of land is prohibited ? If yes, discuss with exceptions.
3. Discuss the procedure relating to the ejectment of a person occupying the agricultural land without
title.
3. What do you understand by Record of Rights? Distinguish it from the annual register.

Write short notes on any two of the following:

1. Land Management Committee

2. Abandonment & Surrender
3. Date of Vesting
4. Land in which Bhumidhari Right Shall not arise
5. Estate
6. Mutation
Q. 19. In what kinds of land Bhumidhari rights shall not accrue?

Ans. Land in which Bhumidhari Rights shall not Accrue-According to S. 132, in the following lands
bhumidhari rights shall not accrue, but only the asami right shall accrue-

Pasture land.

Land covered by water and used for the purpose of growing singhara or other produce.

61

cultivation.

Land in a bed of river and used for casual or occasional

Such tracks of shifting or unstable cultivation as the

Government may specify by Notification in the Gazette.

Land to be intended or set apart for taungya plantation.

Grove land of a Goon Sabha or local authority.

Land acquired or held for a public purpose, specially-

(i) Land set apart for military encamping grounds, (ii) Land included within Railway or canal boundaries.
(il) Land situate within the limits of any cantonment, (iv) Land included in sullage farms or trenching
grounds

belonging to a local authority,

(v) Lands acquired and held by any Nagar Mahapalika, Municipality, Town Area Committee or Notified
Area Committee for its purposes, and

(vi) Lands set apart for public purposes under the U.P.
•Consolidation of Holdings Act.

Q. 20. (a) What are the rights of a Bhumidhar with transferable right? What Restrictions are placed on
his rights? What consequences will follow if the restrictions are violated?

Or

Can a Bhumidhar let his land? If yes, in what Conditions?

(b) Distinguish between the rights of Bhumidhar with or without transferable rights..

Ans. (a) Rights of Bhumidhar with Transferable Rights A

Bhumidhar with transferable rights has the following rights-

1. Right to Use Land-Ascording to S. 142 (1), a bhumidhar with transferable rights has the right to the
exclusive possession of all land and may use it for any purposes whatsoever.

The words

"for any purposes whatsoever"

mean that

bhumidhar may use his holding not only for purposes connected with agriculture, horticulture or animal
husbandry (which includes pisciculture and poultry farming) but also for other purposes. He may build a
permanent house in his holding. He may start an educational institution on his land or convert his land
into a playground or stadium. He may dig a tank for bathing purposes. "May use it for any purposes
whatsoever" also mean that a bhumidhar may not use his land for any purposes; that is, he may keep his
land vacant. Bhumidhar's right to keep his holding vacant is absolute so far as 12 1/2 acres of land is
concerned.

Restrictions

(i) Use of Land more Than 12½ Acres for Purposes of Agriculture, etc S. 18-A empowers the Collector to
let the land, belonging to a bhumidar which exceeds 12⅓ acres and which has not been. used for three
consecutive years immediately preceding for a purpose connected with agriculture, horticulture or
animal husbandry which includes pisciculture and poultry farming.

(ii) No Right to Appropriate Minerals A bhumidhar with transferable right has no right to appropriate
minerals existing on his Bhumidhari land. The word "mineral" primarily means something which grows in
or is dug out of a mine. In its widest sense it means

"any ingredient in the earth's crust; more specifically a body destitute of organism, but with a definite
chemical composition, and which natural!y exists within the earth or its surface." In this sense even
brickclay or sand may be regarded as mineral. Mines and minerals under the Act have been vested in
the State, Only the usufruct of land is vested in the tenure-holder. The corpus is vested in the State.
2. Right to Get Declaration--According to S. 143(1), where a bhumidhar with transferable rights uses his
holding or part thereof for a purpose not connected with agriculture, horticulture or animal husbandry
which includes pisciculture and popultry farming, the Assistant Collector in-charge of the sub-division
may, suo motu or on application, make a declaration to that effect.

It is to be noted that upon the grant of the declaration:-( The succession to the land shall be developed
by the

personal law to which he is subject; and

(ii) The provisions of Chapter VIII (other than S. 143) shall cease to apply with respect to such land. In
other words, he can transfer such land in any manner he likes. He can transfer even to such person who
has already more than 12½ acres of land. He can let this land to any person.

The provisions of this section do not lay any restriction < n such bhumidhar's right to use the land.
Bhumidhar may use his land for industrial, or residential purposes or for purposes not connected with
agriculture, etc. It is not necessary that bhumidhar should get the declaration for non-agriculture uses,
etc. He may use his land for residential, industrial and other purposes without getting such declaration
on from Assistant collector in charge of the sub-division.

But if a Bhumidar gets the declaration he shall get the benefit conferred by S. 143 and the transfer of
that land may be made without any restriction.

3. Right to Transfer- According to S. 152(1), subject to the conditions contained in Chapter VIll of the Act,
the interest of a bhumidhar with transferable rights is transferable. A bhumidhar with transferable rights
can transfer his holding or any part of it. He may sell or bequeath it to any person. There is no restraton
on his right to sell or bequest. This right of transfer is available to all the bhumidhars with transferable
rights whether be a female or a male, whether he is a Hindu or non-Hindu, whether the bhumidhari land
is self-acquired or ancestral.
Restrictions on Bhumidhar's Right to Transfer_-According to S. 154(), no bhumidhar shall have the, right
to transfer, by sale or gift any land as a result of which the purchaser or done becomes entitled to land
which, together with land, if any, held by his family, will in aggregate exceed 12-1/2 acres in U.P.

Transfer made in contravention of this provision shall be void, and the following consequences shall
follow-

The land shall, with effect from the date of transfer, be deemed to have vested in State Government
free from all encumbrances.

The trees. crops and wells existing on the land on the date of transfer shall, with effect from the said
date, be deemed to have been vested in the State Government free from all encumbrances.

The transferee may remove other movable property or the materials of any immovable property
existing on such land on the date of transfer, within such time as may be prescrived.

Exceptions-Restrictions of S. 154 are not applicable on the following

Tea-gardens.

À transfer authorised by the State Government.

The State Government may, by general or special order, authorise transfer in excess of the limit
prescribed if it is of the opinion that such transfer is in favour of a registered co-operative society or an
institution established for a charitable purpose, which does not have land sufficient for its needs, or that
the transfer is in the interest of general public.

Transfer by Member of Scheduled Castes--According to S.

157 (a), a bhumidhar or asami belonging to Scheduled Caste cannot transfer by way of sale, gift,
mortgage or lease any land to a person not belonging to Scheduled Caste. With the previous approval of
the Collector the transfer in favour of a person of non-Scheduied Caste can be made. The Collector shall
not accord approval if the transferor holds on the date of application under this section, land of less
extent than 31/8 acres in Uttar Pradesh, or if the area of land so held by the transferor on the said date
is likely to be reduced after such transfer to less than 3 1/8 acres in Uttar Pradesh, Transfer made in
contravention of this provision is void. The land, trees, crops etc shall be vested in the State free from Ell
encumbrances.

Restriction on Transfer by Member of Scheduled Caste becoming Bhumidhar US. 131-B According to S.
157-A, without affecting the provisions of S. 157-A and without interfering to the restriction contained in
S. 153 to 157 of the Act any Scheduled Caste person who has become Bhumidhar with transferable right
US. 131-B, can transfer the land by way of sale, gift, mortgage or lease, with prior approval of Asstt.
Collector, in favour of other than a person belonging to Scheduled Caste preferably to landless
agricultural labourer, marginal farmer, small farmed and in case of non-availability to any other person
who is residing-

In the village where land is situated; Or

Is the resident of Panchayat area of the village; Or

In case that resident of above (i) and (ii) are not available then in favour of the resident of adjoining of
the Panchayat area.

If in the Panchayat area, adjoining village and the village any Scheduled Caste person in accordance to
reference is not available to purchase the land, then the land will be sold in favour of Scheduled Tribe in
order of preference.

Transfer by Member of Scheduled Tribe According to S.

157-B, bhumidhar (or asami) belonging to a Scheduled Tribe shall have the right to transfer by way of
sale, gift, mortgage or lease any. land to a person not belonging to such. Tribe. Transfer made in
violation of this restriction is void: The land, trees, crops etc. shall be vested in the State free from all
encumbrances.

Restrictions on Transfer by Members of Scheduled Tribe becoming a Bhumidhar U/S. 157-AA and in case
of non-availability of Scheduled Tribe land will be transferred in

Scheduled Caste. S. 157 B.B.

accordance to the preference in favour of the person belonging to the

Foreign. National not to Acquire Land--According to S.

154-A, a bhumidhar cannot transfer any land by way of sale or gift to a foreign national, and a foreign
national -cannot acquire any land by sale or gift without prior permission in writing from the State
Government. Transfer made in contravention of this restriction is void. This restriction is applicable only
where the transferee is a foreign national.

Transfer of. Fragments- According to S. 168-A, in a consolidated area a, bhumidhar with transferable
rights cannot transfer by sale, gift or exchange any fragment. "Fragment" means land of less extent than
3.125 acres (equivalent to 5 pucca bighas) except in certain specified less fertile area where it is 4.6875
acres (equivalent to 7½ pucca bighas, i.e., 1½ time of 3.125 acres).

However, a bhumidhar may transfer any fragment in favour of a tenure-holder who has a plot
contiguous to the fragment If the transfer is not in favour of such plot-holder, then whole plot; or so

• much in which he has bhumidhari transferable rights, can be transferred and the transferee in such
case may be even a stranger.

Transfer made in contravention of provisions contained U/S.

168-A is void. Vide: S. 166. The land, trees, crops etc. shall be vested in the State free from all ent
umbrances. Vide (S. 167).

Mortgage of Land According to S. 155, "No bhumidar with transferable rights shall have the right to
mortgage any land belonging to him where possession of the mortgaged land is transferred or is agreed
to be transferred in future to the mortgagee as a security for the money advanced'.

3. Lease of Land_-According to S. 156 and 157, a bhumidhar cannot let his holding or part thereof,
except-

(a) When he himself is a disabled person enumerated U/S.

157(1), or,
(b) Where the lessee is a recognised educational institution for providing instructions in agriculture,
horticulture or animal husbandry (which includes pisciculture and poultry farming).

When a bhumidlar lets out his holding or any part thereof in violation of the provisions contained U/S.
156 and 157, his interest will be extinguished. The lessee would become a bhumidhar with non-
transferable rights if the total area held by him, including the leased land, does not exceed 12½ acres.
Where the total area exceeds 12½ acres, the lessee would be treated as a purchaser thereof and the
lease will be void. On such transfer bhumidhar.as well as the transferee would lose all rights in the State
free from all encumbrances.

• 4. Right of Exchange According to S. 161(1), a bhumidhar may exchange his land with the land of any
other bhumidhar, or Gaon Sabla, or local authority (like Municipality, Town area or

Notified area). But the exchange must be voluntarily entered into by both the parties concerned. In
Gangotri Singh V. Gaon Sabha, Vide : 197

RD. 80 (B-R).

Restrictions - (6) Exchange of Fragment_-According to g

168-A, in consolidaled area no bhumidhar can exchange the fragment except where the exchange is
with the tenure-holder who has a plot contiguous to the fragment. However, he can exchange the whole
chak (plot) with any person even a stranger (who has no plot there).

(il) Land of Public Utility Gaon Sabha cannot exchange its land which is of public utility; such as pond,
khalihan etc. No exchange can be granted of the land which has been earmarked for public purpose,
such as pasture land, Harijan-abadi in the Final Consolidation Scheme, U/S. 29-C of the U.P.
Consolidation of Holdings Act, 1953.

Where this restriction is violated the exchange shall be void.

The transfer being void, the following consequences shall follow-

(i) Both lands shall, with effect from the date of exchange, be deemed to have vested in the State
Government free from all encumbrances.

(li) The trees, crops and wells existi n the lands on the date of transfer shall, with effect from the said
date, be deemed to have vested in the State Government free from all encumbrances.

(iii) Transferees (i.e., the exchangers) may remove other movable property or the material of any
immovable property existing on such land on the date of transfer within such time as it is prescribed in
the U.P. Zamindari Abolition and Land Reforms Rules.

(iv) The Collector may take over possession of such land or other property and may direct that any
person occupying such land or property be evicted therefrom. For the purpose of taking over such
possession or evicting such unauthorised occupahts, the Collector may use or cause to be used such
force as may be necessary.

5. Right to Bequest -According to S. 169, a bhumidhar with transferable rights may by will bequeath his
holding or any part thereof. The will must be in a writing and attested by two witnesses A will is the legal
declaration of the intention of a testator with respect to his property which he desires to be carried into
effect after his death. The will is not a transfer but a mode of the devolution Bhumidhar with
transferable rights may be male or female. All males may make will in respect of their bhumidhari land
whether the land is seuracquired, ancestral or received thari land whetber af cemale bhumidhars
formerly (i.e., before 16-7-1975) could not make will in respect of bhumidhari land. Only those females
who acquired he land by themselves, could make will in respect of such land.

Distinction between male and female, and between females obtaining the land in succession from male
and otherwise have now been wiped off by the.U.P. Land Laws (Amendment) Act, 1975.

Restrictions It may be noted that on the power of a bhumidhar with transferable rights to make a will
procedural as well as substantive restrictions are imposed. The procedural is that the will must be in
writing and attested by two witnesses. The substantive restriction is that-

(i) A bhumidhar with transferable rights belonging 10

Scheduled Caste cannst, without the previous approval of the Collector, make a will in favour of non-
Scheduled Caste.
(ii). A bhumidhar with transferable rights belonging 10

Scheduled Tribe cannot make a will in favour of a non-Scheduled

Tribe. Vide: S. 169 (2-A).

Any contravention of the provisions of S. 169 will make the will as void and ineffective.

Succession is Subject to Will_-Where a bhumidhar with transferable rights dies by making a valid will, his
holding shall devolve in accordance with the provisions of will, and not in accordance with the provisions
contained US. 171 to 175. The testator may give to legatee a limited or life-interest. When under a will
legatee gets only life-estate, then on the death of such legatee the holding shall be devolved on the
persons specified in the will.

Right to Sue for Division-According to S. 176, a bhumidhar may sue for division of his 'holding. To every
such suit Gaon Sabha concerned shall be made a palty. The suit shall be filed in the Revenue Court of
Assistant Collector, First Class.

Right of Non-ejectment -According to S. 199, "No bhumidhar shall be liable to ejectment from his
holding except as provided in this Act"

Exception S. 212 provides that any person, including a bhumidhar, shall be liable not-withstanding
anything contained in S.

199, on the suit of Gaon Sabha to ejectment from the land-_

Where he was admitted as a tenure-holder or grove holder on a land of public utility like common
pasture land, pathway, tank, etc.; or where he was a zamindar and cultivated the land himself;

Where he was admitted as such on or after August 8, 1946 and before July 1, 1952; and

(c) Where the suit was filed within 10 years from the date of vesting.

These three conditions are sine qua non for the application of the provisions of S. 212. The last condition
can never be complied with, because 10 years already elapsed on June 30. 1962.
•

(b) Distinction between the rights of Bhumidhar with or without Transferable Rights-

Bhumi Dhar Transferable Right:

Subject to the Conditions U/Chapter VIII of the Act the interest of a Bhumidhar is trans-ferable, heritable
and permanent.

He may use his land not only for purposes connected with agriculture, horticulture Or animal
husbandary which is dudes pisciculture and poultry farming but also for other purposes.

3. He may bequeath his holding or any part thereof by will.

4. He cannot be ejected of his holding except where he is possessing the land of public utility.

5. This BhumiDharmay exchange his land with the land of any Bhumidhar having such transferable
rights.
Bhumidhar with Non-Transferable Right:

The interest of a "Bhumidhar with non-transferable rights" is not transferable but it is heritable and
permanent.

He may use his land for any connected with purpose agriculture, horticulture, Social forestry and animal
husbandary which includes piscicultufe and poultry farming.

He cannot bequeath his holding or any part thereof by will unless U/S. 131-B he has already been
completed the period of 10 years or more.

He can be ejected of his holding

the following grounds-

(i When he uses his holding contrary to the provision of U.P.

Z. A. & L.R. Act.

(i) When he uses his holding against public policy.

(iii) When he uses his holding for purposes otherthan described in the Act itself.

5. This Bhumidhar may also exchange his land with the land of any Bhumidhary having such non-
transferable rights.
--

Ans. Rights of a Bhumidhar with non-transferable Rights- -A Bhumidhar with non-transferable rights
shall have the following rights

1. Right to Use Land- According to S.142(2), Bhumidhar with non-transferable rights shall have the right
to the exclusive possession of all land of which he is such bhumidhar and to use such land for any
purpose connected with agriculture, horticulture, social forestry and animal husbandry which includes
pisciculture and poultry farting.

The use of the words "for any purpose connected with

agriculture.

" occurring U/S. 142(2) reveals that a bhumidhar with

non-transferable rignts may use his holding not only for growing crops, gardening, planting tees,
husbanding animals, rearing fish or poultry farming, but also for any purpose connected with
agriculture,

etc.

Consequences of the Violation of this Provision--The consequences of the violation of this provision are
as under-

(i) Abandonment--Where a bhumidhar with non-transferable rights (other than a minor, lunatic or idiot)
has not used his holding for a purpose conected with agriculture, etc. for two consecutive agricultural
years, the land may be declared by the Tashildar as abandoned land.
(ii Admission of Asami to the Holding of a Disabled Bhumidhar_-Where a bhumidhar with non-
transferable 'rights being a minor, lunatic or idiot has not used his holding for a purpose connected with
agriculture, horticulture, animal husbandry, pisciculture, or poultry farming for two consecutive
agricultural years, the L.M.C. may admit on behalf of such bhumidhar any person as asami to the land.

(iii) Lease by the Collector- Where a bhumidhar with non-, transferable rights (whether disabled or
undisabled) has not used his holding for three consecutive years immediately preceding for a purpose
connected with agriculture, horticulture, animal husbandry, pisciculture or poultry farming, and the area
of such land is more than 12½ acres (20 pucca bighas the Collector may let the land to any person as an
asami.

2. Right to Transfer According to S. 152(2), the interest of a "bhumidhar with non-transferable rights" is
not transferable, but it is heritable and permanent. The state government decided that the person who
is holding the land as non-transferable right a Bhumidhari, such person may have better right and title in
the lat and may transfer in favour of other person. for achieving the purpose, an amendment was
introduced in the Act in the year 1999

By this amendment new S. 131-B has been added afier S. 131-4 a the Act and thus every person who is
Bhumidhar of non-transferable right shall be Bhumidhar with transferable right of Bhumidhar if he has
already completed ten years or more from the date of allotmen of land and other persons, who have
been allotted later on and ha not completed the period of 10 years. shall be Bhamidhar"afts completion
of the required period.

Exception--After acquiring the Bhumidhari right in land such person have right to alienate the land by
way of sale to an person but after transfer of land, the transferor shall become in future illegible for
lease of the land vested in Gram Shabha or land declared as surplus under the Uttar Pradesh Imposition
of Ceiling on Holdings Act, 1960.

But followings are the exceptions to his non-transferable

interest-

(i) He may mortgage without possession his interest in the holding as security for a loan taken from
The State Government by way of taquavi,

A Co-operative Society; or

The State Bank of India; or

Any other Bank which is a Scheduled Bank or the Reserve Bank of India; or

The Uttar Pradesh Agro-Industrial Corporation, Lid, (ii) He may transfer his interest by way of gift to a
recognised educational institution for a purpose connected with instructions in agriculture, horticulture
or animal husbandry, provided the land has not already been mortgaged to the State Government or to
a Co operative Society, etc. But he cannot sell his interest even to a co operative society or to a
recognised educational institution for providing instruction in agriculture, horticulture husbandry.

or anima

(ill) He can let out his land to a recognised educational institution for a purpose connected with
instruction in agriculture horticulture or animal husbandry.

(iv) He can make a lease of his land to anybody if he himself comes within seven categories uf disabled
persons enumerated U/S 157(1) of the Act.

Consequences of Illegal Transfer- If a bhumidhar with none transferable rights makes any transfer in
contravention of the provision of the Act, the transfer shall be void and the following consequences shall
follow_

The subject-matter of transfer, shall, with effect from the date of such transfer, be deemed to have
vested in the State Government free from all encumbrances.

The trees, crops and wells, existing in the holding on the date of the transfer shall, with effect from the
said date be deemed to have been vested in the State Government free from all encumbrances.

The transferee may remove other movable property or the materials of any immovable property
existing on such land on the date of the transfer, with such time as may be prescribed.

Rights to Exchange Same as with a bhumidhar with transferable rights.

Right to Sue for Division Same as in the case of a bhumidhar with transferable rights.
Right to Surrender The right or privilege is available to

"bhumidhar with non-transferable rights" and asami. It is never available to bhumidhar with
transferable rights. An asami may surrender the whole of his holding and not the part of it. But a
bhumidhar with non-transferable rights may surrender his holding or any part thereof. Te application for
surrender must be made to the Tahsildar and a notice to the Land Management Committee before April
1, and the possession must be given up before July 1, otherwise he shall, notwithstanding the surrender,
not be believed from the payment of the land revenue of the holding for the agricultural year next
following the date of surrender Ss. 184 & 185.

Restriction Where the land has been mortgaged in favour of State Bank of India, or a co- operative
society, or a scheduled bank or the Reserve Bank of India, or U.P. Agro-Industrial Corporation Lid., and
the mortgage has not been fully redeemed, the holding or any part thereof should not be surrendered.

6. Right to Bequest- Same as in the case of bhumidhar with transferable rights, if U/S. 131-B, the non-
transferable right of bhumidhar has already been completed the period of ten years or more.

Q. 22. (a) Who are Asamis? Discuss their rights and thabilities.

(b) On what grounds Asamis are ejected?

(e) What remedies are available to Asami against the wrongful ejectment?

Ans. (a) Who are Asamis? Note For Ans. PI See Q. R Rights and Liabilities of Asami- The ights of Asami are
as
follows

1. Right to Use the Land--According to S. 146, an asami has subject to the provisions of the Act, right to
the exclusive possession of all land comprised in his holding and to use such land for any purpose
connected with agriculture. horticulture, animal husbandry, pisciculture or poultry farming- Provided
that any land which is declared by the State Government by notification in the Gazette to he intended or
set apart for taungya plantation cannot be used by the asami thereof except for purposes of growing
agricultural crops

An asami may use his land (except the land to taungya plantation) for tethering of cattle, storing
manure, keeping fodder, storing cow-dung-cakes, keeping khalihans and fixing kolhu, as these are
purposes connected wth agriculture or animal husbandry.

Liabilities or Consequences of Unauthorised Use

1. Ejectment- According to Ss. 206 & 207, an asami is liable to ejectment on the suit of landholder for
using land for any purpose other than a purpose connected with agriculture,

'horticulture, animal husoandry, pisciculture or poultry farming. In addition to the ejectment, he may be
required to pay damages equivalent to the cost of works which may be required to render the land
capable of use for the said purpose. If the asami repairs the damage within three months next after the
date of the decree, the same shall not be executed except in respect of costs.

(il) Abandonment--According to S. 186, where an asami has not used his holding for a purpose
connected with agriculture, horticulture, animal husbandry, pisciculture or poultry farming for two
consecutive agricultural years, the land may be declared by the Tahsildar as abandoned land,

Right to Let the Land Ordinarily an asami cannot let his holding, but if he is an allottee of intermediary's
sir or khudkasht land in lieu of maintenance allowance, and he comes under disabled persons of S.
157(1), he can let out his land, such lessee shall be asami of an asami (i.e., dar-asami). S. 156 enables an
asami to let his holding, for any period whatsoever to a recognised educational institution for a purpose
connected with instruction in agriculture, horticulture or animal husbandary.

Right to Surrender According to Ss. 184 & 185, an asami may surrender the whole of his holding but not
any part thereof by giving a notice in writins to L.M.C. before the first day of April, if he is an asami of
the Gaon Sabha. If he is an asami of a bhumidhar the notice must be given before 1" of April to the
landiolder (ic., to the tenant-in-chief). The possession must be given before I" of April to the landholder
(i.e., to the tenant-ins chief). The possession must be given up before 1" of July. If the notice is not given
before April 1, he shall not be relieved for the payment of rent of the holding for the agricultural year
next following the date of surrender.

Right to Crops and Trees on Ejectment or Extinction of interest According to S. 193, on ejectment or on
extinction of the interest an asami ordinarily has rights to remove the standing crops and any
construction existing on the holding. S. 203 provides the effect of ejectment.

Acquisition of Bhumidhari Right--According to S. 204, when an asami is no more entitled to hold the land
or when the period of his lease has expired, the landholder must file a suit to eject the asami. If a suit for
ejectment of such asami is not instituted or a decree obtained in such suit is not executed within the
period of limitation prescribed therefor, the asami shall, on the expiry of the limitation period, become a
bhumidhar with non-transferable rights of the land held by him.

Rights Regarding Rent-

(i) Rent not to be Varied- According to S. 214. rent payable by an asami shall not be varied except in case
of decrease or increase in the area of the holding. In the absence of a contract to the contrary the rent
shall be payable in two equal instalments on November 15 and May 15 of the agricultural year is respect
of which rent is due.

Vide : S.219.

(hi) Suit for Fixation of Rent--According to S. 215, an asami, on being admitted to the occupation of land,
shall be liable to pay such rent as may be agreed upon between him and his land-holder or the Gaon
Sabha, as the case may be. Where rent has not been fixed, the asami or the landholder may institute a
suit for fixation of rent.

The rent shall be fixed at twice the amount calculated at hereditary rates applicable to land.

(fill) Commutation of Rent- -According to S. 218, where the rent is payable in kind or on estimate or
appraisement of the standing crop or on rate varying with crops sown or partly in one of such ways and
partly in another or other of such w: ys, the Assistant Collector in-charge of the Sub-Division may at his
own instant and shall at the instance of the Gaon Sabha or landholder or asami, commute the rent
74

(iv) Remission of Rent on the Occurrence

of an

Agricultural Calamity According to S. 268, where the State Government on occurrence of an agricultural
calamity affecting the crops of any village or part of a village remit or suspend for am period the rent
payable by an asami to a Gaon Sabha

(v) Remission for Calamity by Court Decreeing Claim for Arrears According to S. 226, in hearing a suit for
recovery of arrears of rent if the court is satisfied that the area of the holding was substantially
decreased by diluvion or otherwise, or the produce thereof was substantially diminished by drought,
flood, hail, disease, locust, deposit of sand or other calamity during the period for which the arrear is
claimed, it may allow such remission from the rent as may appear to it to be just.

(vi) Right to Sue the Landholder on Wrongful Ejectment-According to S. 200, the Act guarantees that no
asami shail be ejected from his holding except as provided in this Act. Where an asami is ejected from
his holding wrongfully, he has remedies under two Sections S. 209 and S. 212-B. As section 212-B
provides remedies only to an asami, and S. 209 to all tenure holders (bhumidhar or asami), so an asami
will get U/S. 209, that remedy which is not available to him U/S. 212-B.

(b) Grounds of Ejectment of an Asami- The Grounds for the ejectment of an asami may be divided into
following two kinds-

A. Grounds Depending on the Volition of an Asami- -There are following three grounds which could be
avoided by the asami hence depending on his volition-

Unauthorised Transfer- -If an asam transfers his holding or parts thereof in contravention of the
provisions of this Act, he is liable to be ejected.

Unauthorised Use An asami can ordinarily use his land for purpose connected with agriculture,
horticulture, pisciculture, animal husbandry or poultry farming. But according to S. 146, an asami of
taungya plantation can use the land for growing agricultural crops only. S. 206 says that if an asami uses
the land for any purpose other than the above he can be ejected from the holding.
Arrears of Rent- According to S. 202 (h), if there is an unsatisfied decree of arrears of rent outstanding
against the asam such decree can be executed by ejectment.

B. Grounds Depending upon the Nature of Tenure

Ejectment of the asami on the grounds depending upon the nature of tenure are as under

75

1. Ejectment from the Land of Public Utility. -According 10

s. 212, if an asami was admitted on the land of public utility on or after August 8, 1946, he can be
ejected within the limitation period often years from the date of vesting. A summary procedure for the
ejectment of such an asami has been provided U/S. 212-A. The payment of compensation to such asami
is compulsory.

2. Ejectment on the Expiry of the Period of Maintenance

Allowance- -Where an asami is holding the sir or khudkasht of an ex-Zamindar in lieu of maintenance
allowance, he is liable to be ejected after the expiry of the period of maintenance allowance.

3. Asami being an ex-thekedar According to S. 18(1)(a), on the abolition of zamindari, the zamindar
became bhumidhar in respect of his sir and khudkasht land. Where the sir or khudkasht land was in the
personal cultivation of a thekedar, the thekedar became asami in respect of such land and was entitled
to hold the land for unexpired term of the theka or five years, whichever is less

S. 13 (2) (a).

Ejectment of a Mortgagee-Asami-Under the provisions of the U.P. Zamindari Abolition and Land Reforms
Act, no tenure-holder can mortgage his holding or part of it in which possession is transferred to the
mortgagee. But on the abolition of zamindari all mortgagees of tenants became asamis, whether the
mortgage itself was valid or not. Such mortgagee can be ejected on the suit of mortgagor if the
mortgage has been satisfied or the amount owing under the mortgage has been deposited in the Court.

Ejectment of Sub-tenant Referred in the Proviso to S.

27(3) of the U.P. Tenancy (Amendment) Act, 1947_ The U.P.

Tenancy (Amendment) Act, 1947, provides for the reinstatement of certain persons ejected from their
holding on ur after January 1,

1940. Such persons if applied within • six months from the commencement of the U.P. Tenancy
(Amendment) Act. 1947, were ordered for the reinstatement. But where the Zamindar has let out the
land before September 1, 1946 to another person, who had not been a relation, servant or dependant of
the zamindar, the court did not order for the reinstatement of the applicant. The lessee was declared as
sub-tenant of the applicant and not liable to ejectment until after the expiry of three years from the
date of declaration. If there was a sub-tenant existing on the date of vesting, he became an asami of that
tenant, and his tenant-in-chief became sirdar. Such• asami, if any, is liable to be ejected on the suit of
the landholder (tenant-in-chief) after the expiry of three years from the date of declaration.

Asami of Taungya Plantation- If an asami was let the land for taungya plantation, and the cultivation of
the agriculture crops has become impossible on account of grown-up-trees, the asami car be ejected.

An Assami of (i) ex-zamindar's grove land, (ii) Tenant's grove land, (iii) Pasture land,

(iv) Land of shifting or unstable cultivation,

(v) Land in which bhumidhari rights are not accrued and he has been admitted by the Land Management
Committee or by the local body as an asami, is liable to ejectment if he holds the land from year to year,
or his period has been expired, or the period will expire before the end of the current agricultural (Fasli)
year. There is no limitation period provided.

8. Asami of a Disabled Person- Where an asami has been admitted by the disabled tenure-holder U/S.
157(1); or has been admitted by the Land Management Committee U/S 187 in the holding of a minor,
idiot or lunatic, he can be ejected on the suit of landholder, if-

(i) The disability has determined, or

(ii) The land-holder wishes to bring the land under his personal cultivation and where the lease is for a
fixed term has expired.
It is to be noted that on the determination of disability the suit to eject the asami must be filed within
three years from the date of the determination of the disability, otherwise and asami shall become
"bhumidhar with non-transferable rights" U/S. 204, and the rights of the landholder shall be
extinguished.

9. On the Extinction of the Interest of the Landholder-According to S. 191, the extinction of the interest
of the landholder operates to extinguish the interest of any asami holding under him. of the Gaon
Sabha.

When his interest gets extinguished, he would be ejected on the suit

(c) Remedies Against the Wrongful Ejectment-Where an asami is ejected from his holding wrongfully, he
has remedies under two Ss. 209 and 212-B. As S. 212-B provides reinedies only to an asami, and S. 209
to all tenure-holders (bhumidhar or asami), so an asami will get U/S. 209, that remedy which is not
available to him

U/S. 212-B.

Where an asami ejected from, or prevenied from obtaining possession of any land forming part of his
holding otherwise than in accordance with the provisions of the law for the time being in force

by-

() His land-holder, or

eject him, or

(il) Any person claiming as landholder and to have a right to (ili) Any person admitted to, or allowed to
retain possession of the land by such land-holder or person, may sue the person ejecting him or keeping
out of possession.

Remedies available to an asami are as under-

(i) For possession of the land, or (il) For compensation for wrongful dispossession, or (ili) For possession
of the land and for compensation for

wrongful dispossession.

If he sues for possession of the land only, he shall not be entitled to institute a separate suit for
compensation for wrongful dispossession. S. 212-B. The section does not say specifically whether an
astmi who sues for compensation only, may sue possession late. in. The answer will be "No." because
the doctrine of constrúctive res judicata will bar the subsequent suit for possession.

As th> interest of an asami in his holding is temporary, the land-holder can fie a suit to eject him on the
expiry of the lease-period, so it has recr provided by S. 212-B that "no decree for posscssion shall be
passed where the plaintiff (asami) at the time of the passing of the decree, is liable to ejectment in
accordance with the provisions of this Act within the current agricultural year." If he has also asked for
compensation for wrongful dispossession, the compensation awarded shall be for the whole period
during which the asami was entitled to remain in possession.

Q.33. What do you mean by the term Revenue Court and Ans.

Meaning of Revenue Court--According to S. 4(8) of U.P. Land Revenue Act, 1901, Revenue Court means
the Board of Revenue and all members thereof, Commissioners, Additional Commissioners, Collector,
Additional Collectors, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Records
Officers, Assistant Record Officers, and Tahsildars.

oz JutThe use of the word "means" in the definition of "Revenue Court" U/S. 4(8) of the U.P. Land
Revenue Act, 1901 shows that the identification is exhaustive. No other court can be called as revenue
court, Justice N.U. Beg, in Sadhan La Vs. Dy-director of Consolidation and other, AIR 1964 Ay, 424 held
that Consolidation Courts constituted under the U.P. Consolidation of Holdings Act cannot be described
as revenue courts within the meaning of the definition of the said expression U/S.4(g) of the U.P.

Land Revenue Act, 1901.

is 2. Meaning of Revenue Officer--According to S.4(9), Revenue Officer means an Officer employed under
this Act in maintaining revenue records or in the business of the land revenue.
In effect all the revenue courts, except the Board of Revenue, are Revenue Officers also; i.e. Revenue
Officers are Commissioner, Additional Commissioner, Collector, Additional Collector, Assistant
Settlement Officer, Record Officer, Assistant Record Officer and Tahsildars. In addition to these
authorities, the Naib-Tahsildar, Supervisor Kanungo and Lekhpal are included in the term "revenue
offlcer"

3. Difference between Revenue Court and Revenue

Officers-It is clear from the definition of revenue court' and

'revenue officer' that there are some persons who are revenue courts and also the revenue officers.
When an authority deals with judicial matter, it becomes Revenue Court which is under the control of
the Board of Revenue. Revenue Courts, while try a case, act judicially and ordinary principles governing
trial of câses in law courts apply o them. When an authority deals with non-judicial matters, it is Called
Revenue Officer who acts under the control of State Government. The functions exercised by the
Revenue Officer is purely ministerial while the function Of the Revenue Court is judicial. Thus, the
functions of land revenue he mievstration may be Jivided into two classes- Judicial, and Non-judicias."
and the nature of mutation proceedings.

Q34. What do you mean by Mutation? Discuss the procedure Ans. Meaning of Mutation--Mutation
means change. is ordinary parlance it is known as Dakhil-Kharij. Whenever there is a change in the
possession of land, the Dakhil-Kharij proceeding is started. That is to say, that the name of one person is
struck off the is entered in his place.

Annual Register (Khatauni), and the name of other person or persons

Nature of Mutation Proceeding--Mutation proceeding has been mentioned to be judicial matter under
Para 911 of the Revenue Manual. But the early judicial decisions and the opinion of the authorities on
the Revenue Law express the contrary view. The mutation court is a summary court and its main
purpose is not to leave any plot of Agricultural land without an entry in the Annual Register. Moreover,
the revenue record is not a document of ownership. Vide-- Banglore Corp. Vs. M. Papaiya, 1989(3). u

It is well settled that the mutation proceedings do not decide the rights and title of the parties and it is
always open to a party aggrieved to get its rights adjudicated upon by a competent court despite the
order in mutation proceedings. B.L. Yadav in Smt.
Lakhpati Vs. Board of Revenue: 1984 R.D. 378 H.C. Observed:-

"The proceedings US. 34 of the U.P. Land Revenue Act are fiscal proceedings pertaining to the financial
matters only. These proceedings do not decide the right and title of the parties. The object of the
mutation proceedings is as to from whom the State has to recover the land revenue. It becomes
immediately imperative to have got the name of some successor mutated in place of the deceased so
that the land revenue can be recovered from him. The scope of these proceedings are not that any right
or title of any body is sought to be decided"

Proceedings The mutation Procedure at Mutation proceeding starts whenever there is change in the
possession of the land. The change in the possession may occur in two ways

1. By succession, 2. By Transfer.

'Mutation on the Ground of Suegession-Where a person obtains possession of any lard by succession,
the Kanungo shall make such enquiry as may be prescribed and if the case is not disputed record the
same will be entered in the annual register (S.33.

A.).

The law imposes a duty upon the Supervisor Kanungo that whenever he comes to know the death of a
tenure-holder, he must enquire into the matter, and if he comes to the conclusion that the succession is
disputed, he must strike off the name of the deceased and enter the name of the heir or heirs of the
deceased in is place But it is a notorious fact that amongst the staff manning the District Revenue
Administration the Kanungo stands next to Lekhpal is being looked with suspicion vis-a-vis the motives
behind his official activities. That is why an alternate provision has been made U/S. 34 for the mutation
of undisputed succession. S. 34, provides that every person obtaining possession of any land by
succession or transfer other than a succession or transfer which has already been recorded UrS. 33-A
shall report such succession or transfer to the Tahsildar of the Tahsil in which the land is situate. The
report must be made within three months from the date of obtaining succession. (S.38).
On receiving a report of succession US. 34, or upon facts otherwise coming to his knowledge, the
Tahsildar shall make such enquiry as appears necessary and if, succession appears to have taken place,
direct the Annual Register to be amended accordingly (S.35).

In case the succession is disputed, Tahsildar shall dispose it of after deciding the dispute in accordance
with the provisions of $.40, and then direct the Annual Registers to be amended accordingly.

S.40 provides that ail disputes regarding entries in the Annual Registers shall be decided on the basis of
possession. If" the Tahsildar is unable to satisfy himself as to which party is in possession, he shall
ascertain by summary enquiry who is best entitled to the land, and shall put, such person in possession.
Any person aggrieved by the order of the Tahsildar may file a suit in the civil or revenue court having
jurisdiction (S.40-A).

Mutation on the Ground of Transfer--According to S.34(3), every persop obtaining possession of any
land by transfer must report such transfer to the Tahsildar of the tahsil in which the land is situate. The
limitation period for making a report is three months.

In case of a lease, the period shall be counted from the date of obtaining possession, and in case of the
transfer, other than leasc, the three months period shall be counted from the date of transfer.

On receiving a report of transfer U/S. 34, or on facts otherwise coming to his knowlege, Tahsildar shall
make such enquiry as appears necessary and if the transfer appears to have taken place, he shall direct
the Annual Registers to be amended accordingly.

From the mutation order of Tahsildar an appeal shall lie to the Collector and further second appeal to
the Commissioner (S.210(b).

Manner of Reporting and Procedure on Report--Every report to the Tahsildar U/S. 34 shall be in w: ng. It
shall be signed and dated by the person making it. In case of transfer by sale or gift the report shall be
accompanied by an affidavit from the transferee to the effect that the transfer does not contravene the
provisions of

s. 154 of the U.P.Z.A. & L.R.A., 1950.

Upon the receipt of the report U/S. 34 or on facts otherwise coming to his knowledge the Tahsildar shall
cause a proclamation to be issued provided the manner U/S. 197 notifying that proceedings for
mutation of names have been started.

Non-entertainability of the Suit-.S.34(5) of the U.P. Land Revenue Act Provides:- "No Revenue Court shall
entertain a suit or application by the person so succeeding or otherwise obtaining possession until such
person has made the report required by this

section"

S. 34(5) debars revenue Courts from maintaining suits and applications by person who have not
reported for mutation of names.

This sub-section does not debar Civil Court or Consolidation Cout to entertain suits or other claims.

Q. 10. Define the following terms-

1. Agriculture year; 2. Beneficiary; 3. Bhumi Prabandhak Samir (L.M.C.); 4. Charitable Purpose; 5.

Consolidated Area; 6. Cess; 7.Estate

Ans. 1. Agricultaral Year--According to S. 3(2) of UP. Tenancy, Act, 1939, agricultural year means the year
commencing On the first day of July and ending on the 30* day of June. The term has been interpreted
to be synonymous with Fasli year.

2. Beneficiary--According to S. 3(1) of U.P. Zamindari Abolition and Land Reforms Act, "beneficiary
means as respects of a waqf, trust or endowment, the person for whose benefit, a wagf. trust or
endowment is exercised." The term "beneficiary" has been defined under the Indian Trust Act, 1882, as
follows: A "trust" is an obligation annexed to the ownership of property, and arising out of a confidence
reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or
of the another and the owner... The (another) person for whose benefit the confidence is accepted is
called the "beneficiary"

3. Bhumi Prabandhak Samiti (Land Management Committee) According to S. 28 A (1) of U.P. Panchayat
Raj Act, Land Management Committee is a statutory committee of the Gaon Sabha to assist it in the
discharge of its duties of up-keep, protection and supervision of all property vested in the Gram Sabha
U/S. 117 of U.P.Z.A. & L.R. Act, and all other property vesting in it coming into its possession under any
other provision of that Act.
All members of the Gram Panchayat are now made the members f the Land Management Committee.
The Pradhan and Up-Pradhan are Chairman and Vice-Chairman respectively of this Committe. The
Lekhpal of the area of the Gram Sabha becomes ex-officio secretary of the Land Management
Committee.

4. Charitable Purpose According to S. 3(3) of U.P. Z. A & L.R. Act, the expression "charitable purpose"
includes relief of the poor, education or medical relief or the advancement of any other object of
general public utility; but does not include a purpose which relates exclusively to religious teaching or
worship. The above definition is not exhaustive, but illustrative only. No complete list of charitable
purpose can be prepared. It may include any other object of general public utility, e.g., construction and
maintenance of dharmshala, choultry sadavart, hospital, educational institution and so on. The only
exceptions made are those that relate exclusively to religious teaching or worship.

5. Consolidated Area--According to S. 3. (6-a) of U.P. Z. A & L. R. Act, "Consolidated area" means the area
in respect of which the final consolivation scheme has been enforced U/S. 24 of the Uttar Pradesh
Consolidation of Holdings Act, 1953, and the notification U/S. 4 of the Act has not been cancelled U/S. 6
of the Act in respect of such area. The word "consolidated area" occurs only U/S. 168-A of the U.P.
Zamindari Abolition and Land Reforms Act, 1950.

6. Cess-"Cess" means extra or addition: It is also called "abwab". The land revenue during the Hindu
period was generally fixed to one-sixth of the produce. In Muslim period the land revenue was increased
and by the Todar Mal's Settlement it was fixed as one-third of the produce. But as the Central
Government declined in character and ability, additional rails were levied. The local Governors
demanded other additions or cesses. These they called by various names according to the name of the
Governor who ordered them of the pretence on which they were levied. Thus, in Bengal one was called
the "Chauth Maratha" or the Maratha fourth being levied to enable the Governor to satisfy the Maratha
Chiefs who had got as far as levying a tribute. The revenue actually realized was composed of land-
revenue proper (asl jama) plus these extra charges and was collectively called the mal. S. 91 of the U.P.
Tenancy Act prohibited the levy of all cesses except cesses levied on account of any bazaar or fair. Cess,
which was levied in accordance with the village custom, was also stopped inless it is sanctioned by the
State Government. The State Sovernment generally used to sanction the cess levied for village anitation
and protection. such cess was given the name of "gaon thurch." The cess differs from rent. The rent is
payable on land but cess levied even without any consideration of the land. Thus, cess may le defined as
"anything which has been indiscriminately collected" 1 different periods over and above the original
ground-rent.

7. Estate. According to S. 3. (8) of the U.P. Z. A. & L.R. ict, 1950 "estate" means and shall be deemed to
have always meant le area- As it relates to a permanent tenure-holder in khatauni, or Which was
mentioned in a khewat, the register of proprietorship, or Which was neither mentioned in khatauni nor
in khewat, but which was entered in a similar register described in or prepared or maintained under any
other Act, Rule, Regulation or Order relating to the preparation, or maintenance of record-of-rights in
force at any time, and includes share in or of an "Estate". The Act, Rule, Regulation or Order includes
here Act, Rules, Regulation or Order made or promulgated by the erstwhile Indian States of whose
territories were merged or absorbed in the State of Uttar Pradesh prior to the date of vesting. Provided
that in Mirzapur District (now Sonebhadra District) each of the areas bounded as given in Schedule VII
shall, notwithstanding anything contained in the foregoing definition be deemed to be an estate.

"Estate" was the property held by zamindars before the abolition of zamindari. Even a plot separately
recorded in the name of the zamindar as his sir or khudhasht land was estate within the meaning of the
definition of "estate" U/S. 3(8).

1.a. What were the reasons for the abolition of Zamindari System in U.P.? Discuss.

Ans. Reasons for the Abolition of Zamindari System-According to the U.P. Zamindari Abolitions
Committee Report, the following are the most important causes which led to the passing of the U.P.Z.A.
& L.R. Act, 1950 :

1. Abolition of Zamindari System was Necessary for

Increasing Agricultural Production- It may be noted that there exists an intimate relationship between
land-tenures and agricultural production and the latter cannot be materially improved without mending
the former. The peasant will not work to his full capacity nor will he invest his resources in improving his
land, unless he is certain that he will enjoy fruits of his labour and the benefits accruing from the
investment. Under the zamindari system peasants were not recognised as owners of the land. In most
cases tenants could be ejected by the zamindars who were rent-receiving non-cultivating ' st still the
owners of the land. The zamindar had the right to cultivate the land assiduously or indifferently. The
zamindar (landlord) had the right to keep the land idle. He had a right to fix initially any rent he pleased,
but after the expiry of ten years the rent becomes liable to enhancement or abatement. In certain cases
he had right to eject the tenants. Thus, the cultivators had no fixity of tenure and fixity of rent. This
defective land system was one of the causes of low productivity of agriculture in India during British
period.

Thus, in order to incredse the agricultural production it was necessary to remove the intermediaries who
were parasites, racketeers, operators of the tenantry and the source of all the ills of rural society.
2. Everybody must Work-"The concept that who does not make a return in the share of produce or
social service equivalent, to or more than what he consumes is a drone and drag, en social service
equivalent to or more than what he consumes is a drone ard drag on social and economic progress.
Every section of people must perform a definite economic function. The various classes of
intermediaries functioning as rent-receivers whether as zamindars or taliqdars or under-proprietors or
other subordinate holders, did nothing 10 improve the land and left the land and the tenantry where
they were. and indeed in a plight worse than before. In order to make everybody work it was desirable
to remove the zamindars.

3. The Zamindari-System was Uneconomical to the State-It may be noted that in order to collect Rs. 682
lakhs as land-revenue and Rs. 71 lakhs as local rates, the State forwent no less than Rs. 1.000 lakhs in
maintaining the landlord-system for the collection for its dues. None but a most extravagant person
would employ an agent which costs him about one and a half times the amount collected.

Moreover, the land revenue received by the State from the zamindars (landlords) was less than 7 crores
of rupees, whereas the rent received by the zamindars from tenants amounted to 18 crores of rupers.
Thus. zamindars appropriated more than 11 crores of rupees annually. Thus, in order to increase the
State revenue the abolition of zamindari became necessary.

4. Landlordism was British Evil--It may be noted that, the zamindar-class was created as a social base by
the British to help them in consolidation and maintaining their rule and acted as a check on progresive
forces.

History tells that in Avadh after the first Independence War of 1857, the estates (talugas) were given to
those who had given shelter to English people during the revolution or who had handed over the
freedom fighters to the British Government. Thus. zamindars were granted lands as a bakshish (reward)
for their act, which may be called a treachery to the nation Therefore, the abolition of zamindari system
was necessary to prevent any further accrual of benefit to treacherers descendants. Since the evil of
Landlordism was a British creation hence it must end with the British rule of India.

5. Zamindars hav: Betrayed the Trust Reposed in them-The Britishers in India had expressed a pious
hope that the landlord would look after the welfare of the tenant and improvement of the soil, that he
would act like an English landlord who provides homestead and improves the quality and fertility of
land. But, these hopes have, however, remained expressions of pious wishes. Instead of improving the
condition of the cultivator and the soil the landlords have been responsible for the steady
improverishment of both. They have indulged in rack-renting and illegal exactions.
While on the one hand the State's share in the rent collected has progressively decreased the margin of
profits left to the landlords has increased.

6. Further Continuance of Zamindari may have Led to a

Bloody Revolution--It may be noted that the zamindari system had reached a stage when it would not
have been tolerated by the peasantary any longer without putting our national economy and social
security in danger. The zamindars had always been oppressors of the tenantry and the source of all the
evils of rural economy. 'The age-long simmering discontent, occasionally bursting into acts of open
defiance and sometimes of violence in our State had reached a critical stage. The discontent might
develop into revolt and our social security might be threatened by the outbreak of violence. If the
zamindari-abolition was held over for a few years abolition might mean expropriation without
compensation, and quite possibly bloodshed and violence.

The System of Zamindari was believed to have become obsolete and out-dated institution, hence
discredited everywhere in the world. All through the world, there was a wave flowing, a process
operating to break the larger estates and handing.over land to landless labourers in order to solve the
problem of poverty. In the context of these world developments it was sheer folly for the zamindars in
India to insist upon the inviolability of their rights.

1.b. Summarize in brief the salient features of U.P. Zamindari Abolition and Land Reforms Act, 1950.

Ans. Salient Features of the Act. The salient features of the U.P. Zamindari Abolition and Land Reforms
Act are as under:- -

Abolition of Zamindari System--The Act abolishes the zamindary system which involved intermediaries
between the State and cultivators., With effect from the "date of vesting"; e; July 1, 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.

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 Thekedar, and
between natural person and artificial person like waqfs, trusts and endowments.

Payment of Rehabilitation Grant--Besides the compensation, Act also provides for payment of
Rehabilitation grant. Thekedars are not entitled to this grant. Thus, Zamindars paying annual land
revenue up to Rs. 10,09 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.

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 Thekedar, a mortgage of
an estate, a tenant or a sub-tenant. Zamindars retained their unlet sir and khudkasht land in the status
of tennure-holder and became Bhumidhar of such land. Similarly the tenant of sir land and the sub-
tenant became adhivasi. Thus, all persons continued to retain possession of the lands they were
cultivating.

Land-Tenure System Simplified-_Prior to the enforcement of the UP. Zamindari Abolition, & L. R. Act,
there were fourteen variety 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 has
only heritable right. The Act also created a transitional form of land tenure, viz. Adhivasi. This fourth
tenure was short-lived, because in Octorber, 1954 all adhivasis were made sirdars.

Prohibition of Letting-_With the object that the zanindari 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 a tenure-holder lets 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 persons under
legal disability, and who are unable to cultivate the land personally. Such persons are women, minor,
idiot, lunatic blind, student and persons in detention or imprisonment vide S. 157 (1)

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 1 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.

Prohibition for the Creation of Uneconomic Holding-The Act prohibits the Court to divide the holding (or
holdings) the area of which is 31/8 acres. Whenever in a suit for division, the court finds. that the
aggregate area of land to be divided does not exceed 31/8 acres (i.e. 5. bighas), 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.

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 than Hindu and Muslim.

Establishment of Village Republics- Prior to the enfor cement of U.P.Z.A. & L.R.A. there were two
institutions, Gaon Sabhas 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 Managerent Committee, the
special executive body of the Gaon Sabha. All lands of common utility, such as abadi sites, pathways,
waste land, fisheries, village forests, 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.

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 deemed 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.

Q. 1.c Explain in brief the object, scope, extent and applicability of U.P: Zamindari Abolition and Land
Reforms Act, 1950.

Ans. Objects of U.P. Z. A. and L.R.A. 1950- As the name of the Act i.e. "U.P. Zaminadari Abolition and
Land Reforms Act," itself suggests that the main objects of the Act are two fold, i.e. (i) To abolish
zamindari and (ji) To make Land Reforms. 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- *Whereas 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 acquistion and to make provision for other matters connected
threewith; It is hereby enacted as follows:

The following objects are deduced from the Premble:

Abolition of zamindari system which involved itermediaries between the tiller of the soil and the State.

Acquistion of rights, title and interest of intermediaries.

To reform the law relating to land tenure consequent on such abolition and acquisition.

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 goods and sarvoday, should animate
every Village in the State so that agriculture may improve in every way and the land may yield twice, and
even four limes. as in every way and today; the entire countryside may look green and prosperous and
foodgrains may be produced and made available for all in abundance.

"....The main purpose of the Bill is to encourage production, to raise standad 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 labours of others to produce for themselves. We cannot to have any drones in a
free India."

The statement of "Objects and Reasons" of the U.P

Zamindari Abolition and Land Reforms, Bill, which was published in U.P. Gazette (Extraordinary), dated
June 10, 1949. is summarised below:-

(i) Abolition of zamindari system,

(ii) The acquisition of intermediaties' rights on payment of compensation.

(ili) Substitution of bewildering variety of exiting land tenures by a simple and uniform scheme.

(iv) Prohibition of letting and sub-letting,

(v) Development of village republic,

(vi) To prevent the creation of uneconomic holding. and prohibition of accumulation of large holdings.

(vi) To encourage co-operative farming; and.

(viii) To vest all lands of common utility in Gaon Sabha and to entrust the Gaon Sabha with wide powers
of land management.
Scope of the Act--Although the preamble to the Act declares that "whereas it is expedient to provide for
the abolition of the zamidari system which involves intermediaries between the tiller of the soil an.' the
State and for the acquisition of their rights, titles and interests and to reform the law relating to land
tenure consequent on such abolition and acquisition S.4 makes it clear that the Act extends beyond the
abolition of the zamindari system considered merely as a social organisation based on the existence
considered merely as a social organisation based on the existence of a class of persons in receipt of
rents. for sub-sec(1) of that section provides that, as from such date as the State Government may by
notification declare, all estates situate in the Uttar Pradesh shall vest in the State free from all
encumbrances. The Act, therefore does, not merely extinguish the rights of the intermediaries but
transfers them to the State.

Extent and Application of the Act The Act extends to the whole of the Uttar Pradesh except the areas
which on the 7th day of July. 1949, were included in a municipality or a notified area or a cantonmeht or
a town area but in relation to the areas included in the Rampur municipality instead of the words and
figures. "7' day of July, 1949will be substituted.

It came into force immediately but the application of the Act to the following areas is subject to such
exceptions, or modifications, not affecting the substance, as the State Government may notify in each
case

The areas to which the U.P. Tenancy Act, 1939, did not apply in the first instance;

Government estate or est tes belonging to a local authority;

The areas held and occupied for public purposes;

Pargana Kaswar Raja of Varanasi district:

The merged States of Varanasi, Rampur and TehriGarhwal:

The merged enclaves; and

Pargana Jaunsar Bawar of Dehra Doon district and the portion of Mirzapur district south of the Kaimur
Range.

The provisions of the Act, as amended by the U.P. Zamindari Abolition and Land Reforms (Amendment)
Act, 1953, were made applicable from July 1, 1953, by a notification published in the Gazette to the
territories of the former Banaras State, the enclaves and the area of Mirzapur District situate South of
kaimur Range, subject to the modifications specified in the schedule attached to the notification and
excluding the notified areas and municipalities. U/S
2-A added by the U.P. Land' Laws (Amendment) Act of 1965 where any area is added to the territory of
Uttar Pradesh by the action of any river or otherwise the State Government may by notification in the
Gazette extend the Act to that area.

The U.P. Land Laws (Amendment) Act, 1971 further provided that where any area which on 7th July
1949, was included in the municipality, notified area, cantonment or town area ceases to be so included
therein at any time after that date and no notification has been made in respect thereof US. 8 of the
Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956.

the present Act shall extend to such area.

(a) Where it has ceased to be so included at any time before the commencement of the Uttar Pradesh
Land laws (Amendment

Ordinance, 1971, from the date of such commencement; and

(b) In any other case, from the date the area ceases to be so included.

2. What is Vesting Order? Discuss the legal consequences of acquisition of interests of intermediaries
by State Government. Or Discuss the consequences of vesting of estates in the State ander the
provisions of U.P. Z.A. & L.R.A. 1950.

What is Vesting Order? The "date of vesting" means the date on which zamindars were divested of their
rights, titles and interests in their estates and those rights, titles and interests were vested in the State
of Uttar Pradesh. In other words, the term means the date on which the zamindari has been abolished
under the U.P, Z.A. & L. R. Act, 1950. The date of vesting is July 1, 1952.

Conscquences of Vesting of Estates in the State: The consequences of the vesting of estates in the State
are explained

U/Ss. 6, 8 and W of the Act which are as under-

1. Abolition of Zamindari -According to S. 6 (a), all the rights, title and interest of all the zamindars
(intermediaries) in every estate shall cease and be vested in the State of Uttar Pradesh free from al
encumbrances.
The estate includes every land, grove-land, fore.s, fisheries, ponds. tanks, water-channels, ferries,
pathways. abadi sites, hats, bazars, melas, mines and minerals. U/S. 4 of the Act, the estates vest in the
State free from all encumbrances. It means that the estates become free from all ecumbrances.
Encumbrance means legal claim on an estate. Ordinarily, a charge or mortgage over a, property goes
with the property itself, but in the case of estates vested in the State, the charge or mortgage shall not
go with the estates. That is to say. the state shall not pay any liabilities attached to the estate.

2. Grants and Confirmation of Titles According to S. 6(b), all grants and confirmation of title to land in an
estate shall come to an end. Right of caluqdars in Avadh based on sanads, granted to them, after the
First Independence War of 1857, as a reward for their loyalty to the British Government, shall also be
extinguished.

Where zamindars granted land free of rent or at favourable rate, of rent, such grantees shall also lose
their rights to hold the lands free of rent or at lesser rent. All rent-free grantees and grantee at a
favourable rate of rent shall hold their lands as tenure-holders but they will lose their rights or privilege
to hold the land at concession.

The intention of the U.P. Legislature is manifestly to extinguish estates and all derivative rights therein.
The Government will not be bound by any private arrangement made between the zamindar and the
tenant before the date of vesting.

3. Rights Relating to Rent- -The zamindar shall not take rents, cesses, local rates and sayers in respect of
any land for any period after the "date of vesting". The rent, cess etc. which were being until. paid to the
zamindars shall now be payable to the State Government. If a cultivator or tenant pays rent, etc. for any
period after the date of vesting to the zamindar, it shall not be a valid discharge of the person liable to
pay the same. In other words, the Act imposes the duty on the tenants and cultivators not to pay rent
etc. to the ex-zamindar for any period after the date of vesting.

4. Arrears of Revenue, and Government Dues. -According to S. 6, the vipaid dues from the outgoing
zamindar shall continue to be recoverable by the State Government even after the abolition of
zamindari. These dues are-

(i) Arreas of land revenue, cesses, etc;

(ii) Arrears of agricultural income-tax assessed under the U.P.

Agricultural Income-tax Act, 1948;

(iii) Amounts ordered to be paid U/S. 27 and 28 of the U.P.

Encumbered Estates Act, 1934;

(iv) Amount due under the Land Improvement Loans Act,

1883, (v) Amount due under the Agricultural Loans Act, 1984.

5. Attachment and Sale According to S. 6 (d), the interest of the intermediary so acquired in any estate
shall not be liable is attachment or sale in execution of any decree or other process of any Court. If an
attachment has already been made, or an order of attachment has been passed before the date of
vesting (the first July,

1952), it shall cease to be in force. However, the decree hoider's right to attach the compensation
money shall not be affected. Since the Government Jues have a first charge on the compensation, the
decree holder shall get only that portion of the compensation which is left after deductions of the
Government dues referred to in clauses

(d) and (e) of S. 6.

6. Moriyagee in Possession of an Estate It may be noted that the existing possessory mortgage of an
estate or part thereof shall be deemed to have been substituted by a simple mortgage. The estate shall
be vested in the State of Uttar Pradesh free from all encumbrances even if the estate was in the hands
of the mortgagee.

The mortgagee will not get his money from the State, nor he will proceed against other property of the
mortgagor. Once the mortgage. with possession is transformed into a simple mortgage, the right of the
former usufructuary mortgagee to hold or continue in possession would automatically extinguish. The
ex-mortgagee of the estate shall, however, be entitled to get his secured money from the State
Government out of compensation payable to the zamindar. The mortgagee shall also get interest on the
mortgage-amount at the rate of 2.5% per annum from the date of vesting vide : S. 6(g).
7. Suits and Proceedings- All suits. and proceedings regarding zamindari shall be stayed. Such suits and
proceedings are enumerated U/Rule 4 and which includes :

Appointment of Lambardars,

Partition or union of mahals.

Suits for the termination of a theka,

Suits for the ejectment of a tenant.

8. Mahals, etc. It may be noted that all mahals and their pattis (sub-divisions) existing on the date
immediately preceding the date of vesting shall come to an end. Mahal was the smallest unit for the
payment of land revenue, the owner of mahal was called the proprietor. The Khewat (a register of
proprietorship) which was maintained by the Lekhpal mahal-wise also became redundant and was
discontinued. With the abolition of zamindari all the engagements for payment of land revenue by a
proprictor, lambardar, etc. shall determine and cease to be in force.

9. Certain Contracts Entered into after August 8, 1946- According to S. 8., "Any contract for grazing or
gathering of produce from land or the collection of forest produce or fish from any forest or fisheries
entered into after the eighth day of August, 1946. The date of resolution for abolition of zamindari
System. between an intermediary and any other person in respect of any private forest, fisheries or land
lying in such estate shall become void with effer from the date of vesting" It may, however, be noted
that August 8, 1946, is the crucial date fixed by S. 8. of the Act. Any contract for grazing, etc. entered
into after that date would be void. It necessarily follows that if the contracts were entered into on
August 8, 1946, or before August 8. 1946. the State would be bound by the contracts even after the date
of vesting and the agreements were to stand.

10. Wells, Trees and Buildings, etc. Settled with the Existing Owners thereof It may be noted that under
under the zamindari-system the zamindar was the owner of all lands in the village. whether it was
cultivated or barren, jungle or abadi. Every inch of land belonged to him. A tenant could occupy a site in
abadi only with the permission of the zamindar, but in practice the right to cultivate carried with it the
right to live in the abadi. The rights of the tenants in abodi were dependent on the custom entered in
the wajib-ul-arz and there are instances when attempts to convert a mud structure into a pucca building
or replace straw chhappar with corrugated iron sheets, was resisted by the zamindar. The tenant had a
right to transfer the material or the malba as it used to be called, but not the right of occupancy unless
there was custom or contract to the contrary. The only exception was the fixed-rate-tenant who could
transfer the material of the building as well as its sites.
According to S. 9. "All wells, trees in abadi and all buildings situated within the limits of an estate,
belonging to or held by an intermediary or tenant or other person, whether residing in the village or not,
shall continue to belong or to be held by such intermediary, tenant or person, as the case may be, and
the site of the wells or the buildings with the area appurtenant thereto shall be deemed to be settled
with him by the State Government on such terms and conditions as may be prescribed.

Q. 3/4. Who is Sirdar and Asami under the U.P.Z.A. & L.R. Act, 1950?

Ans. Who is Sirdar? Sirdar was the second main tenure-holder under the UP. Zamindari Abolition and
Land Reforms act, 1950. His interest in the holding was permanent and heritable. Under the Act, on
zamindari abolition, following persons became Sirdars: 1- A Tenant holding on special terms in Avadh; 2-
An ex-proprietary tenant; 3-An occupancy tenant, a hereditary tenant, a tenant of sir-and held on patta-
dawami or patta-istamarari, who donot possess the right to transfer their holdings. 4-A grantee at a
favourable rate of rent. 5-A non-occupancy tenant of tea-estate notified as such. 6-Sub-tenant whose
lease has not expired, and who is referred n in sub-section (4) of S. 47 of the U.P. Tenancy Act, 1939.

Under the U.P. Tenancy Act, 1939, when a tenant surrenders abandons his holding or dies without an
heir and leaving a valid b-lease, then the sub-lessee will have the right to retain the alding for a period of
5 years or remainder period of sub-lease, hichever is shorter. 7-A tenant of sir land of bigger
intermediary, S. 10.

8- A thekadar of land which was in his personal cultivation or May 1, 1950, and the theka was made with
a view to cultivation of such land by thekadar personally. S. 12(1). 9. A thekadar of land which was not
sir or khudkasht of the lessor (zamindar) and which was under the personal cultivation of the thekadar
on the date immediately preceding the date of vesting: Provided the area of such land does not exceed
30 acres 6. 13.

10-Sir or khudkasht or grove land in joint estates in excess of one's share. Sir, khudkasht or grove land in
joint estates shall be demarcated in the manner prescribed by Rules. He (zamindar) shall become
bhumidhar of such land proportionate to his share only. The excess land held by him shall be retained by
him as sirdar thereof.

11-Occupants of Vacant Land- By "vacant land" here means land which was neither a grove-land nor was
included in the holding of any tenure-holder referred to U/S. 17,18 (1) (c) and 19.
In effect it means the land in which bhumidhari or sirdari right shall not accrue in favour of any other
tenure-holder. The name of such occupant must, however, have been recorded in the khasra or
Khatauni of 1356 Fasli and they must have been in possession of the land on the date immediately
preceding the date of vesting.

12. The U.P. Land Reforms (Amendment) Act, 1954 added Chapter IX-A of the U.P. Z.A. and L.R. Act, and
consequently all adhivasis became sirdars.

Who is Asami?-_-Asami is a minor form of land tenure. He is in the bottom in the cadre of tenure-
holders. His interest in his holding is neither permanent nor transferable, but only heritable. On
zamindari abolition the following persons became asami-

1. An Allottee of Sir and Khudkasht Land in lieu of Maintenance Allowance-Where the sir or khudkasht
land was held by a person in lieu of maintenance allowance, such persor (guzaredar) became asami and
is entitled to hold the land for so long as the right of maintenance allowance subsists. Simultaneously
the zamindar became bhumidhar of the same holding. At the end of the maintenance period the land
will revert to the bhumidhar. In Yogendra Vikram Singh Vs. Krishna Kumar Singh, 1977 R.D.

114, is an illustrative case. The father of respondent was a zamindar who gave his sir and khudkasht land
to Smt. Umrai in lieu of maintenance allowance. St. Umari transferred the land to Yogendra Vikram
Singh and also delivered the possession of it.

Thereupon respondent's father filed a suit for cancellation of the sale-deed and for recovery of the
possession on the ground that Sm Umarai had no permanent and transferable right in the suit- land.

The High Court cancelled the sale-deed but did not interfere with the possession as she was entitled to
hold the land for her life.

If the land was not sir or khudkasht, and the proprietor allotted the land to a widow in lieu of her
maintenance allowance. then she (allottee) became absolute owner of the property (now bhumidhar
with transferable rights) and the interest of proprietor and collaterals ceased to exist. Vide. Bishwa Nath
Panday Vs.' Mst. Badame, 1980, A. L.J. 58.
A Thekadar in respect of Sir and Khudkasht Land- -If sir and khudkasht land was in the personal
cultivation of thekadar on the date immediately preceding the date of vesting. he became asami of such
land, and zamindar became bhumidhar of the same land. The thekadar is entitled to hold the land for
the unexpired period of the theka or for a period of five years from the date of vesting. whichever is
lesser.

A Thekadar holding the Land in Excess of 30 Acres- If the land in the personal cultivation of thekadar was
not sir or khudkasht of the lessor (zamindar), the thekadar became sirdar upto 30 acres of land. The
remainder shall be deemed to be the vacant land vested in Gaon Sabha. But with the permission of
Collector the thekadar may retain such excess land as an asami of Gaon Sabha.

If permitted by the Collector, the thekadar shall retain the land upto the period for which he was
permitted, but such permission will not last beyond that term of theka which was granted by the
zamindar before the abolition of zamindari.

A person recorded as an occupant of grove-land. S.21 (a).

A non-occupancy tenant of intermediary's grove-land. S.

22(b).

A sub-tenant of grove-land. S. 21(2).

A lessee from a bhumidhar (or sirdar).

It is to he noted that under the Act, no tenure-holder can let his holding or part thereof unless he comes
under the category of disabled persons mentioned U/S. 157(1). If a disabled bhumidhar lets his holding
or part of it, the lessee shall become asami of such land.

8. A person admitted as an asami by the Bhumi Prabandhak

Samiti in land mentioned U/S. 132 of the Act

9. A sub-tenant referred in the proviso to sub-section (3) of S.

27 of the U.P. Tenancy (Amendment) Act, 1947.

10. A mortgagee in actual possession from-Permanant lessee in Avadh,

Tenants, Grantees, and Grove-holders.

11. A non-occupancy tenant of pasture land;

or a non-

occupancy tenant of land covered by water and used for the purpose of growing singhara or other
produce; or a non-occupancy tenant of land in the bed of a river and used for casual or occasional
cultivation.

A non-occupancy tenant of land declared by the State Government, by notification in the Gazette, to be
intended or set apart for taungya plantation.

A tenant of a tract of land of shifling or unstable cultivation. Such lands are har-tareta tracts in the Jhansi
district and tracts of inferior classes of soil in the Bundelkhand between river Jamuna and Betwa.

A Court Lessee U/S. 252(1) of the U.P. Tenancy Act,

1939. In executing the decree for the realization of the rent, S. 252(1) of the U.P. Tenancy Act, 1939
empowered the court to make a lease of holding instead of its sale: Such lessee had right to hold the
land only for the lease period. Upon the expiry of the lease-period the holding was to be restored to the
tenure-holder concerned free of any claim of arrears of rent, etc. Under the U.P.Z.A. anc L.R. Act, such
lessee from court became asami and is entitled to hold the land for the unexpired term of the lease.

15. A tenant of sir of smaller intermediary who was disabled person U/S. 157(1) of the Act.

Intermediary paying upto Rs. 250 as land revenue or as rent was classified as smaller intermediary. In
considering the ceiling of Rs. 250 any sum to be paid as a thekadar shall be excluded.

A sub-tenant or an occupant referred to in S. 20, where the land-holder was disabled person U/S.
157(1).

Gram Panchayat:
Ans. Meaning of Gram Panchayat-"Gram Panchayat" means the Executive committee of Gram Sabha.
Constitution of Gram Pancháyat- Gram Panchayat is constituted U/S. 12 of the U.P. Panchayat Raj Act.
Members of the Gram Panchayat are elected from amongst themselves by the members of the Gram
Sabha. It means that every member of Gram Sabha is not the member of Gram Panchayat. The number
of members constituting Gram Panchayat shall be determined in accordance with the following scale-

(a) Where the population of Gram Sabha does not exceed from 1000 - 9 members.

(b) Where it exceeds 1000 but does not exceed 2000 = 1 members.

(e) Where it exceeds 2000 but does not exceed 3000 = 13members

(d) Where it exceeds 3000 = 15 members.

Thirty percent membership shall be reserved for women. In calculating 30% membership of the
prescribed number of members of Gram Panchayat, if it comes to half it shall be counted to one.

The U.P. Village Local-self Government Laws Amendment Act, 1989 provides that if on July 3, 1989 in
any Gram Panchayat, the number or women-membes, whether elected or co-opted is less than 30% of
the prescribed number of members, and thereafter the number of membership of the Gram Panchayat
shall be increased to that extent: Provided that where in any Gram Panchayat there is no Scheduled
Caste woman-member, whether elected or co-opted, the reservation shall be made so, however that at
least one seat is reserved for a Scheduled Caste woman.

The U.P. Panchayat Raj (Amendment) Act No. 9 of 1994 specifically provides that State government have
power to make the reservation of office of Pradhan and Up-Pradhan as per reservation policy to the
Schedule Caste, Schedule Tribe and Other Backward Castes, in the proportion to the total number of the
population. In order to reservation not less than I/3 of the total number of offices of Pradhan shall be
reserved for women. All these reservation of offices shall be made in order of rotation to different Gram
Panchayats. The election to the office of Pradhan and Üp-Pradhan shall be conducted by the secret
ballot and after declaration of resull they shall take the oath of their office and will be paid Honoraria as
prescribed by the State time to time. The Gram Panchayat shall ordinarily hold the meeting in every
month and business transaction shall be discussed but there shall not be interval of two months
between two consecutive meetings.

The Pradhan and Up-Pradhan of Gram Sabha shall also be the Pradhan and Up-Pradhan of the Gram
Panchayat. The Secretary of the Gram Panchayat is appointed by the Panchayat Raj Department The
Secretary so appointed becomes also the Secretary of the Gram Sabha. The Panchayat Secretary is now
named as "Gram Panchayat Adikari" Duties and functions of Gram Panchayat are enumerated in detail
U/Ss. 15 and 16 of the U.P. Panchayat Raj Act. Both Sections mention functions forty-one in number;
some important functions are as follows
Establishing and maintaining primary schools for boys and girls;

Arranging for the sanitation of the village;.

Maternity and child welfare;

Arranging and regulating the sources of water supply for drinking purposes;

Establishment, management and care of common grazing grounds (charagah);

Allotment of places for storing manure:

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

Assisting the development of agriculture, commerce and industry.

Q. 8. How is Land Management Committee Constituted? Discuss its powers and functions.

Ans. Constitution of Land Management Committee Prior to the passing of U.P. Village Local Self-
Government Laws (Amendment) Act, 1973, the Land Management Committee, was established by Gaon
Panchayat. It was a smaller body of the Gag, Panchavat. The members of L.M.C. were elected by the
members of Gaon Panchayat amongst themselves. When a person was elected as member of L.M.C. he
ceased to be the member of Gaon Panchaya, The number of members of a Gaon Panchayat was 15 to 30
while the number of members of L.M.C. was 5 to 9 only.

In 1972 the U.P. Panchayat Raj Rules were modified and the numbers of the members of the Gaon
Panchayat were considerably reduced in 1972 Panchayat Elections. It was considered unnecessary to
constitute the Land Management Committee of differen personnel. At present the Land Management
Committee consists of all members of the Gaon Panchayat. Secretary of the Land Management
Committee is the Lekhpal of the area of the Gaon Panchayat. Secretary of the. land Management
Committee is the Lekhpal of the area of the Gaon Sabha, while the Secretary of the Gaon Panchayat is
"Gaon Panchayat Adhikari" an employee of the Panchayat Raj Department. Thus, the distinction
between Gaon

'Panchayal and the Land Management Committee is still maintained. The Pradhan and Up-Pradhan shall
respectively be the Chairman and the Vice-Chairman of the Land Management Committee, and the
Lekhpal of the area of the Gaon Sabha shall be its Secretary. As the same Pradhan of the Gaon Sabha is
ex officio Pradhan of its Goan Panchayat, and the Chairman of its Land Management Committee, co-
operation and co-ordination among the three institutions -Gaon Sabha, Gaon Panchayat and Land
Management Committee have been maintained.

Functions of L.M.C._ The functions and duties of the Land: Management Committee are as under-

1. The setting and the management of the land; 2

 2. against the Gaon Sabha;
3. The conduct and prosecution of suits and proceedings by or The development and improvement
of agriculture; and trees;
4. The preservation, maintenance and development of forests communications;
5. The maintenance and development of abadi sites and village Management of hats, bazars and
melas;
6. The development of cottage industries;
7. The consolidation of holdings; and
8. The maintenance and development of fisheries and tanks;
9. Such other matters as may be prescribed.

Powers or Land Management Committee The Land

Management Committee has the following powers

Powers to Admit Persons in Land With the previous approval of the Assistant Collector incharge of the
Sub-division ine Land Management Committee has the right to admit any person in land vested in the
Gaon Sabha or coming into the possession under any provision of the law. if the land is such which are
enumerated vIS. 132 of the Act, the person admitted shall be an asami. If the land is one other than the
land mentioned US. 132, the person admited! shall be "a Shumidhar with non-transferable right". In
admitting a person in land, the Land Management Committee must follow the order of preference
mentioned U/S. 198(1).

Power to Eject Trespasser and Recover Compensation for Damage or Misappropriation Where any
property vested under the provisions of the UP. Z.A. and L.R. Act in a Gaon Sabha is damaged or
misappropriated or where any Gaon Sabha is entitled to take or retain possession of any land under the
provisions of the Act and such land is occupied otherwise than in accordance with the provisions of the
Act, the Land Management Committee shall inform the Assistant Collector concerned. The Assistant
Collector shall initiate proceedings for the ejectment of trespasser and for recovery of compensation for
the damage to or misappropriation of property.

Power to Eject a Person from the Land of Public

Utility- -The chairman, secretary (lekhpal) or a member of the Land Management Committee may make
an application to the Collector for the ejectment from the land of public utility mentioned U/S. 212 of
the Act.

Power to Collect Land Revenue S. 276 of the Act empowers the State Government to charge a Land
Management Committee with the duty of collecting and realising the land revenue. The State
Government has, by general notification in the Gazette, delegated this power to Collector to charge a
Land Management Committee with the duty of collecting and realising. the land revenue. The State
Government has, by general notification

.
in the Gazette, delegated this power to Collector to charge a Land Management Committee the duty of
the collecting and realising the land revenue. Being authorised by the Collector, the Land Management
Committee shall be empowered to collect and realise land revenue from bhumidhars.

5. Power to Let Vacant Land of Minor, Idiot or Lunatic Where a bhumidhar with non-transferable rights,
being a minor. idiot or lunatic has not used his holding for a purpose connected with agriculture,
horticulture or animal husbandry which includes pisciculture and poultry farining for two consecutive
Fasli Years, the Land Management Committee may admit on behalf of the said bhumidhar any person as
an asami.

6. Power to Take Possession over Land The Land

Management Committee is entitled to take possession over land under the following circumstances-

When a bhumidhar with transferable rights dies het:less and without making a valid will;

When a bhumidhar with non-transferable rights dies heirless.

When bhumidhar with non-transferable rights surrenders his holding or his holding is declared
abandoned;

When a bhumidhar is ejected from the holding in accordance with the provisions of the Act; or

(c) When an asami of Gaon Saba is ejected or dies heirless.

7. Power to Allot Land for Housing Sites The Land

Management Committee may, with the previous approval of the Assistant Collector in-charge of the
Sub-Division, allot land for purposes of building houses to members of Scheduled Castes, Scheduled
Tribes, Agricultural labourers or village artisans.

Power to Allot Land for Housing Sites--The Land Management Committee may, with the previous
approval of the Assistant Collector in-charge of the sub-Division, allot land for purposes of building
houses to members of Scheduled Castes, Scheduled Tribes. Agricultural labourers or village artisans.

Rights in Gaon Sabha Property. In respect of waste land, forests and scattered trees, the Land Manage
nent Committee has the, right to deal with them in the same way as ex-zamindars used to do.
It has the right to all the miscellaneous sources of sayer income which the zamindars used to have
previously. Previous sources of sayer-income should be. maintained but as far as possible the customary
rates should not be increased.