CHAPTER 3

ABOLITION OF ZAMINDARI
The
Zamindari system was a British creation for
and administrative convenience.
they were a convenient
The Britishers
created reason of
e xpediency
Over an
has been inindependence-l o
reactionary social base for
vi ng peasantry and people. The
Zami
establisZamindar
foreig
s
because
hingndari
n rule
contradiction of our traditional
therefore, always been criticised and condemned principles and systIt has,em
country and also by our political leaders. Just by the learned
after the first
id eol ogy.
men of our
when the cultivators became Great
functioning as the native conscious of their position they saw Zamindars World War,
garrison of all
distress and discontent all round and alien imperialism. There was growing
expression in the shape of the pent-up feeling
In Avadh, the Avadh kisan movement (also known asultimately
Rent (Amendment)
found
eka movement),.
Tenancy Act, 1926, were passed to Act, 1921, and in Agra the
tenants. But these enactments couldimprove relations Agra
not check their between landlords and
rack-renting. It was
the improvement ofexperienced that without abolition ofarbitrary ejectment and
the peasantry was
impossible. Zamindari system
Conference, the Indian National
of Zamindari in our Congress
In 1935, in Lucknow
State. When the first
accepted the principle of abolition
1937, they took the task of Congress Ministry was formed n
the Second Great World Warrevision of the tenancy law.
abolition of Zamindari. The U.P. much headway could not beWithmade the outbreak of
more powers and greater Tenancy Act
was passed in 1939, which towards the
much rights of security to tenants and at the same time gave
In the Zamindars.
curtalea
gave special post-war
emphasis
General Election, the Congress election manifesto of 1945
result when the to the abolition of Zamindari. On the basis of elechon
neccssary action wasCongress Ministry was again formed in our State, the
taken towards
U.P. Assembly Resolution. abolition of Zamindari.
The 8tl day of
history of land-law. OnAugust,.
that
1946, shall remain a memorable day in the
day the U.and
principle of abolition of the Zamindari P. Legislative resolutionthe:
following accepted
passed theAssembly
"This Assembly accepts the principle of the in
this province which abolition of Zamindari system
involves intermediaries between
State and resolves that the rights of Such intermediaries
theshould and the
be acquired
cultivator
on payment of equitable Compensation and that the Government should
appont a Committee to prepare a scheme for
this purpoSe.
(22 )
 CHAPTER 3

ABOLITION OF ZAMINDARI
TheZamindari system was a British creation for
and administrative convenience. The Britishers createdreason of
they were a convenient
Over
in
reactionary social base for
dependernce-l ovin Zamindars expe diency
because
ofg peasantry establishing foreign rule
an
has been in
contradiction and people. The
therefore, always been
our traditional
principles Zamindari syet
and ideology. It has,
country and also by ourcriticised and condemned by the
when the cultivators political leaders. Just after the firstlearned Great
men of our
functioning became
as the native conscious their position they saw
of World Wa
distress and discontent allgarrison
round
of all alien
imperialism. There Zamindars
was
expression in the and the growing
In Avadh, the shape of kisan movementpent-up feeling
(also known asultimately found
Avadh Rent eka movement).
Tenancy Act, 1926, were passed
tenants. But these enactments
(Amendment) Act,
to improve 1921, and in Agra the Agra
relations between
could not check their landlords and
rack-renting. It was arbitrary
the
improvement ofexperienced that without
the peasantry was abolition ejectment and
of Zamindari
system
Conference,
of the Indian National Congress impossible. In 1935, in Lucknow
Zamindari our
1937, they took the taskState.of When the first accepted
in the principle of
abolition
the Second Great revision Congress Ministry was formed
of the tenancy law. in
World War much With
abolition of Zamindari. The U.P. headway could not be made towards the outbreak of
more powers and
greater Tenancy
security
Act was passed in
1939,
the
much rights of to which
tenants and at the same time gave
In the Zamindars.
post-war
cutalea
gave special emphasis General Election, the Congress election manifesto of 1945
result when the to the abolition of Zamindari. On the basis of elecu
neccssary action wasCongress Ministry was again
taken towards abolition of formed in our State, the
U.P. Assembly Resolution. Zamindari.
The 8tlh day of
history of land-law. OnAugust,.
that
1946, shall remain a
memorable day in the
principle of day the UP.
"This abolition of the Zamindari and LegislativetheAssembly resolution:
acceptedthe
this Assembly accepts the passed following
principle of the
State province
in
abolition of Zamindari and the system
which involves
and resolves
intermediaries
between the cultivator
on payment of that the rights of such intermediaries should be acquired
equtable
appoint a Committee to prepareCompensation and that the Government should
a scheme for
this puTpose.
(22 )
 U ABOLITION OF ZAMINDARI 23

Committee.
The Zamindari Abolition August &, 1946, a
To give effect to the historic resolution dated
"the U.P. Zamindari Abolition Committee" was
Committee, known as Committee was Pt. Govind Ballabh Pant, the
appointed. The Chairman of this was the Vice-Chairman. Shrí AN, Iha
Minister, and Hukum Singh
then Chief appointed as secretaries to the
Committee. In
Aneer Raza were
and Shri
persons the Committee consisted of other thirteen
addition to the above four M.L.A. and Shrí Charan
Kamlapati Tripathi, the then
members including Pt. Secretary to the Chief Minister.
Singh, the then Parliamentary
were three:
The terms of reference abolition of the Zamindari system, and
principle of
(1) Accepting the compensation for the acquisition of rights
of
the determination of
the intermediaries.
the basic principles and precise scheme of
(2) What would be wil replace the existing system of Zamindari.
land-tenure which organisation required to give
the administrative what
(3) What would be scheme and land-tenure, and in particular,
effect to the new collecting government dues.
the machinery for held on
would be meetings. The first meeting was Abolition
Committee held' several U.P. Zamindari
The
1946 and the last on July 3, 1948. The
November 14, in August 1948.
Committee submitted its report
Reforms Bill.
Zamindari Abolition and Land Zamindari Abolition
U.P. recommendations of the State was
On the line of
the
Abolition of Zamindari in theintroduced
providing for the Reforms Bill was
Committee, a BillZamindari Abolition and Land was
drafted. The U.P. through several stages the Bill
Assembly on July 7, 1949. Going
10th January, 1951, and by the
in the Legislative Assembly on presented to
finally passed by theon 16th January, 1951. When the Bill was President.
the
Legislative Council for the consideration of
January 24, 1951, and wasit
he reserved it
Governor for his assent, President on
assent, of the 26, 1951, when
The Billreceived the Gazette, Extraordinary, dated January
published in the U.P land. provided*
became the law of the that Section 4 of the Act
be noted
Vesting Order.-It is to
the Constitution.
1, Under Article 200 of
the Constitution. Section 5 (1) of the
2. Under Article 201 of
Ali, 1967 Rev.
Cases 226; Vide any Uttar Pradesh
v. Raja M.M. that"where come
O U.P. Kjkmari which provides then...it shall
General Clauses Act, 1904, force on a particular day, or the
into the Governor
Act is not expressed to come which the assent thereto of Oficial Gazette."
into operafion on the day on publishedin the Act,
require, is first commencement of this
President, as the case may may be after
the the date to be
4. Section 4 (1) reads :"As soon as as from
by notification declare that, State and as from the
the State Government may in the vesting), all such
the Uitar Pradesh shal! vest date of
specified all estates in
(hereinafter called the provided, in the
of the date so specified hereinafter
beginning transferred to and vest except as
estates shall stand
State free from all encumbrances."
 24 HISTORICAL BACKGROUND OF LAND LAWS IN UP

that the vesting of the estates was to take place from such
Govemment might notify in the Gazette. Before the date as the
notification State
by the State Government under Section 4 of the Act, there
writ peitions filed by various intermediaries for the wereof a was is ued
nature of "'mandamus" or other
upon the State to
issue a
appropriate directions, number
of
forbid from giving effect to the Act. order or wriwrtist in he
were heard and decided by the Full Bench of
they were dismissed on May 10, 1951, upholdingthe
These Higwrih t
Allahabad peicatliiongns,
the
involvcd validíty of the Court and
'High Court, however, certified that the case
Act! The
law as to the interpretation of the
to Supreme Court. During the
Constitution was amended so as to
Constitution.
pendency substantial
of the Appeals were thenquestions of
appeals Article prefer ed
or any rights therein shall not be provide that the
with or takes away, Or void on the ground that of acquisition 311-ayA ofestatthee
abridges, any of the fundamental it is
Part III of the
Constitution. Supreme
on May 5, 1952. The cases The Court finally the
inconsi
rights cont ain s
ed
dismissed appeals?in
tent
were contested on other
taluqdars (Zamindars)
the abolition and their rights in the land points that the status of
of Zamindari and could not be
taking of estates was not a public affected hat
that the
On compensation
was
the first point it wasillusory. purpose and
of its legislative held,
"The Crown cannot
authority by_ the
prerogative it makes a grant of land mere fact that in deprive a Legislature
the exerciseof its
Ti4-legislative
legislative authority exists within the
body acting and no court can
territory over which suci
competence. If, therefore, itwithin the legitimate annul the enactment of a
scope of the sovereign
is within the is found that the
subject matter of a Crown grant
legislature fromcompetence of a
provincial legislature, nothing can prevent that
prohibits legislationlegislating on the
about it, unless the Constitution itself expressly
On the second point, subject either absolutely or
legislation which aims at
the Supreme Court conditionaly.
observed, "In
"
them the Bhumidhari rights elevating the status of ternants by my opinion
levelled down cannot be said as status the big Zamindarsconferring
to which
have also
upon
been
State. It aims at wanting in public Prposes in the democratic
citizens of the Statedestroying the
and giving them inferiority complex in alarge number of
lords and prevents the
a status of
equality with their former
few
ihdividuals accumulation of big tracts of land in the
which is contrary to the expressed intentionhandsof ofthea
ConstOnitutiothen."
third point their
an estate
may be income Lordships observed, "Properties
to the
owner fetching
Act has laid the market may well non-income
in and
fetching comprised
the value of these
be on the basis of
net down the principle of payment of income and if the
42 ofincome,
it
the List cannot be said that the compensation on he foot of
IIL" legislation is outside the ambit of Entry
The
legislation as to abolition of
carrying away with it all the rights Zamindari came as a sweeping wave
of an not
1. Surya Pal Singh
L. and Others v. State of
U.P.,
intermediary leaving behind
Surya Pal Singh and Others v. A.I.R. 1951 All. 6/.
State of U.., AJR. 1952 S.C. 252.
 ABOLITION OF ZAMINDARI 25

vesting of old rights but new rights and enjoyable with similar rights with
others and under certain limitations shared by others. Thus, the soil, sub-soils,
and Melas, forest and fisheries, etc. all are vested in the States.
Hats, Bazars
A notification under Section 4 of the Act' was published in the U.P.
Gazette (Extraordinary), thedated July 1, 1952, when all the estates of
intermediaries vested in State of Uttar Pradesh. This day is called the
of Fasli-year 1360.
"date of vesting". This happened to be the first day
Act.?
Salient Features of the
Abolition and Land Reforms
The salient features of the U.P. Zamindari
below:
Act. 1950 are summarised
(1) Abolition of Zamindari systen. which involved intermediaries
The Act abolishes the Zamindari system
the State and cultivators. With effect from the "date of vesting" July
between the State
and titles of intermediaries vested in
1, 1952) all the rights, interests divested of their rights not only in the
of Uttar Pradesh Zamindars were
also in the sub-soils.
upper portion of the land but
(2) Payment of compensation. in nature. All Zamindars (intermediaries),
The Act is not confiscatory
any estate are acquired, are entitled to
get
rights, title or interest in
whose
is to be paid to them equal madeto eight times
compensation. The compensationcompensation no distinction is between
assets. In awarding
of their net
the s1naller one, between the main Zamindar and
the bigger intermediary and
natural person and artificial person like wagfs,
trusts
the Thekedar, and between
and endowments.

(3) Payment of Rehabilitation grant.

addition to the compensation, there is provision for payment of
In to this grant. Zamindars paying
Rehabilitation grant. Thekedars are not entitled only persons entitled to get this
land revenue upto Rs. 10,000 are the
annual annual land revenue upto Rs. 10,000
grant. In other words, Zamindars payingrehabilitation grant. Compensation is
and
are entitled to both compensationeight times of the net income (assets), but
payable at the uniform rate of ranging from one to twenty
rehabilitation grant is payable on the graded rates
largest for the low incomes and smallest
mes of the net income. The grant is
for those with comnparatively large incomes.
(4) Cultivating rights maintained.
who cultivates the land should be the owner of it" was the
He been fully enshrined in the
Underlined policy of the land law. This policy hasof every person, whether he
Act. The Act maintained the cultivating rights
an estate, a tenant or a sub-tenant.
be a Zainindar, a Tlhekedar. amortgagee of khudkasht land in the status of
Lamindars retained their unlet sir and

1. U.PZ.A. & Land Reforms Act, 1953.

UP. Judicial Services (Munsif) Examinaion 1999 (0. No.
5-B) and 2000 (question
No. 7a); Q. No. 6(A) of PCS (0) Exam., 2003.
 HISTORICAL BACKGROUND OF TAND LAWS Up

tenure holder and becane Bhumilhar of suclh

Iand and the sub tenant became ndhivasi. Thus,land. Likewise the of
possession of the land they were cultivating. all persons continuedtenantto sir
(5) Land-tenure-system simplified. retain
Prior to the enforcement of the U.P.
there were fourteen variety of land
Act substituted and classified them tenuresZami
all ndari
complexAbolition
and and L.R. Act,
Bhumidhar, Sirdar and Asami.
into three
Blumidhar has transferable, permanent and
classes of tenure. bewildTheseering,
The
were
Sirdar's right is permanent and heritable. Asami
Ad also created a heritable
has only right in land.
transitional
tenure was short-lived, because in
form of land heritable
tenure, adhivasi. Thisright. The
sirdars? October, 1954 viz.,
all adhivasis fourtmadeh
(6) Prohibition of were
letting.
The
order thatabove Act was strictly
the Zamindari prohibiting, letting as well as
tenure-holders system
were prohibited from may not spread its subletting. In
holdings for any period letting out the whole ortentacle again.
agriculture whatsoever.
land his right shall In case of a part of their
given on
humanitarian grounds
come to an end.
to
tenure-holder
Exceptions are,
letting
infimity or persons suffering from mental or however,
the land persons under legal disability, and physical
personally. Such persons are women,who were unable to cultivate
person, student, army personnels of
detention or imprisonment. minor, idiot, lunatic, blind
central government and
(7) persons in
Prohibition for the accumulation of land.
The Actprohibits for the
tenure-holder with his/her spouse
purchase or gift accumulation
and minor
of land. In future no
land as a result of children can acquire by
CXceeding 12.5 acres in the which he becomes entitled to land
in the hands of few aggregate.5 To avoid
concentration
having more than 12.5persons is the principle
acres or behind this
of wealth (lanc)
prohibition. Persons
but they cannot
have any other3.124 hect. of land shall retain
land by purchase or gift. their holings
(8)
ProhiThebitiActon the creation of
for
uneconomic
the area of was prohibiting the Court to holding.
finds that the which is 38 acres. Whenever individea suittheforholding (or the holdings)
(i.e. 5 bighas), the aggregate area of land to be divided does notdivision, court
the sale of the court shall instead of exceed 348 acres
proceeding
same and distribution of the to divide the land, direct

1, Section
sale-proceeds in accordance with
129,
2. By Act No. as it was before
3. XX of 1954. 27-1-1977.
4, Sections
165 and 167.
Section 157 (1).
5. Section 154 (1) read with
Explanation 1 attached to this section.
 RU8 2 ABOLITION OF ZAMINDARI 27

parties,!
the rspective shaes of the anmendment was introduced in the U.PZA. &
Note.-On 23-8-2004 an
the implementation of the Amendment in the Act, the
LR. Act and after under Section 168-A has now been removed; meaning
nstriction imposed possessing the agricultural holdings upto the area
thereby, any tenure-holder
part of the land.
of 3.125 hecs, can sell
succesion.
(9) Uniform rule ofenforcement of the UP. Zamindari Abolition and Land
Prior to the superior
succession to the tenancy was governed, in case of
Refrms Act, the
personal laws, but in case of inferior tenants, by
tenants, by their respective U.!. Tenancy Act. The Act removed not only the
the provisions contained in but also the religions. Now on the death of a
intermediaris from land law holding shall devolve to heirs enumerated
tenue-holder his interest in the of
175, and not to personal law heirs. This rule a
under Section 171 to whether he was
all the tenure-holders,
succession is applicable to
whether he is a Hindu, a Muslim, or a
and
Bhumidhar, Sirdar, or an Asami Hinduand Muslim.
religion other than
person professing
Republics.
(10) Establiskment of villageinto operation, two institutions, Gaon Sabhas Act,
and
When this Act came Panchayat Raj
the U.P.
Parnchayats were already established under viz., Gaon Samaj and Land
Gaon institutions,
The Act established two more in the State Government were
1947. estates vested to be
Management Committee. All theSamaj (Now Gaon Sabha) and were
Gaon
later on vested in theManagement Committee, the special
executive body of
pathways,
managed by the Landlands of common utility, such as abadi sites, water channels
the Gaon Sabha. All village forests, public wells, tanks, and
waste land, fisheries,Gaon Sabha. This makes the village a small republic. A
social
were vested in the intended to facilitate economic and
Co-operative community is responsibility and
the growth of social
development and to encourage
community spirit. thereof.
settled with the existing owner
(1) Wells, trees and
buildings
buildings situated in the Zamindari
the abadi and all or occupiers
Al wells, trees in
retained in the possession of existing owners owners thereof.
estate allowed to be settled with them as also
thereof, and it would be deemed
to be
area appurtenant thereto was of
The site of wells or the buildings,
with
wells or buildings; irrespective
owners of
deemed to be settled with the non-tenant
Zamindar, tenant or a
his being a
ternmed
Aims and Object of the Act. comprehensive scope. It is
The name of the Act itself suggests
Jan 1977.
1. Vide Section 178 (1). non-transferable right w.ef. 28th
2. Sirdar became Bhumidhar with
Nos. 1
3. Section 9.
1991, 1997 & 1999 as question
Examination
4. U.P. Judicial Service (Munsif)
(a), 1() and 1 (a) respectively.
28 HISTORICAL BACKGROUND OF LAND LAWS IN U.P.

"U.P. Zamindari Abolition and Land Reforms Act," the

twofold to abolish the Zamindari and to make land reforms.main object was
The
enacting an Act may be found in the "Preamble" of the Act orobject of
"Statement of Objects and Reasons" accompanying the Bill or in the
whole enactment together. The Preamble of the Act reads by reading the
"Whereas it is expedient to provide for the abolition of the Zamindar:
system which involves intermediaries between the tiller of the soil
the State in Uttar Pradesh and for the
acquisition of
and interest and to reform the law relating to land their rights, title
on such abolition and acquisition and to make tenure consequent
matters connected therewith; provision for other
It is hereby enacted as follows:"
The following objects are deduced from the Preamble
"(1) Abolition of Zamindari system which
between the tiller of the soil and the State.involved intermediaries
(2) Acquisition of rights, title and interest of
(3) To reform the law relating to land intermediaries.
abolition and acquisition. tenure consequent on such
(4) To make provision for other matters
connected therewith."
"Provision for other matters" includes the allotment of land,
land-revenue, the superintendence, management and control collection of
of
estates
acquired from:the intermediaries.
Introducing the U.P. Zamindari Abolition and
Assembly on July 7, 1949, Pt. Govind Ballabh Pant Land (the
Reforms Bill in the
then Chief Minister)
declared:
"The main object of the new land system is to give
opportunity of maximum growth and development through every-one full
effort. Distinction of high and low, superior and inferior, personal
exploited, should disappear, and all people, working togetherexploiter and
succeed to taking society and the country forward along the path should
progress. The spirit of public good and sarvodaya should animate every of
village in the State so that agriculture may improve in every way and
the land may yield twice, and even four times, as much as it
does
today; the entire countryside may look green and prosperous and
foodgrains may be produced and made available for all n
abundance."
...The main purpose of the Bill is to encourage production, to raise
standard and to enable every man to produce more thàn ne
producing today, and also in away to induce those who have so far
exploited others or lived on the labours of others to produce for
themselves. We cannot have any drones in a free India."
he staterment 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 :
(1) abolition of Zamindari system;