AGRICULTURE AND IRRIGATION

TENANCY AND TENURES

The system of land tenure in the past permitted a person to own land so long as he paid the customary revenue charges. It however, underwent changes with the course of political events during the different reigns. Bhandara district had Zamindari and Malguzari systems of land tenure. Under the Gond rulers the patil of the village acted as the agent of Government for apportioning and collecting the revenue assessed on the village. He received one-fourth to one-sixth of the Government demand as a remuneration. All the village lands were held one a yearly lease from the Patil. Under the Marathas (1749—1818) the demand was increased but the system of land tenure continued more or less in the same way.

In Malguzari system of tenure the proprietary rights were conferred on the revenue farmers, village patils and Malguzars. Under this system the Malguzar was allowed to manage the village on payment of revenue to Government leaving about one-third of the gross rental as his remuneration. Apart from the Malguzari estates, there were certain estates managed by the Zamindars and Jagirdars, since long even prior to Maratha conquests of 1740—55. These estates were of a feudal nature and were continued as rewards for military service, etc. They had full proprietary rights in their estates. They paid to the Government only quit rents and had the rights to divide and alienate their lands.

At the time of the reorganisation of the States when Bhandara district became a part of the then Bombay State there was no uniformity as regards the systems of tenancy and tenures. The Malguzari system was highly undesirable. It had very bad economic as well as social implications. Hence, it was found to be inconsistent with the economic system of a Welfare State. The Government, therefore, sought to bring the land tenancy systems in the Vidarbha region in line with the progressive land legislation already initiated in the old Bombay State. The Government, therefore, decided to secure uniformity in the matter of policy and principles on which the land legislation is based. While the objective was to bring general uniformity, complete uniformity was not sought to be brought in.

The Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, which came into force on 30th December 1958, tries to bring about peasant proprietorship, removing all intermediaries and enabling the tenant to be an occupant of the land he cultivates. It also limits the holdings of agriculturists in order to achieve an equitable distribution of agricultural land. Prior to this Act, the provisions of the Madhya Pradesh Land Revenue Code, 1954, were in force in Vidarbha region.

In the old Madhya Pradesh areas settlement was done on the basis of proprietary rights. The conferment of proprietary rights on Malguzars interposed between Government and the actual tillers of the soil, a body of persons whose interests often came in conflict with those of the latter. Hence, the need to protect the tenant class soon became apparent. In 1920, a new consolidating and amending Act was enacted known as the Central Provinces Tenancy Act, 1920. Under the Act, three classes of tenants were recognised viz., (1) Absolute occupancy tenants, (2) Occupancy tenants and (3) Sub-tenants. The first two classes of tenants enjoyed fixity of tenure as well as rent. They were entitled to become Malik-Makbuzas on payment of a certain premium. Their rights were also transferable and heritable. The sub-tenants were, however, not given any special protection or rights. Until 1950, the tenancy laws in force in the Vidarbha region were intended only for the protection of tenants holding lands on lease in alienated areas.

There was a revolutionary change when the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 came into force. Under this Act, the lands held by absolute occupancy tenants, occupancy tenants and ante-alienation tenants, etc., vested in Government and consequently these tenants became lessees of Government. The Act also conferred on them a right to become owner of land on payment of certain multiples of rent as premium. This provision was later on repealed by the Madhya Pradesh Land Revenue Code, 1954 wherein the absolute occupancy tenants and other categories of tenants referred to above were recognised as Bhumiswamis or Bhumidharis of the lands held by them.

After the coming into force of the Madhya Pradesh Land Revenue Code, 1954 there were only two types of tenants (a) occupancy tenants including lessees who before coming into force of this Code were occupancy tenants or Malik-Makbuzas and who were declared as occupancy tenants under the provision of Section 169 (2) of the Code, and (b) ordinary tenants under Section 166 of the Code. Under Chapter XIV of the Code, the occupancy tenants enjoyed special protection and rights including fixity of tenure and right to purchase the land. The ordinary tenants had, however, no fixity of tenure or protection against rack-renting nor had they or the protected lessees any right of purchase. Soon after the reorganisation of States it was felt necessary to have a comprehensive legislation for securing the rights of tenants. Therefore, an ordinance, viz., the Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Ordinance, 1957 was promulgated in order to safeguard the tenants from eviction by their landlords. Subsequently, it was replaced by the Act No. IX of 1958.

The current tenancy Act (No. XCIX of 1958) known as the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, came into force on 30th December 1958. This Act repeals Chapter XIV of Madhya Pradesh Land Revenue Code, 1954 and Act IX of 1958. In the new Act, the terms "land" and "agriculture" are defined afresh and pursuits allied to agriculture have been recognised separately. This Act has a wider scope than the old tenancy laws in respect of rent, termination of tenancies, inheritance of tenancy rights, etc. It provides for the compulsory purchase of lands by tenants with effect from 1st April 1961. Subsequent amendment provides for purchase of land by the tenant on payment of purchase price to be decided by revenue courts. It also introduces new provisions such as those in regard to family holdings and ceiling areas as contemplated by the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Thus, it prevents a person from holding land beyond the prescribed ceiling limit either as a tenant or as a landlord and consequently the abolition of Malguzari is accomplished for ever. It has foreseen the effects of the Ceiling on Holdings Act and has provided for the distribution and management of surplus lands.

The Act, however, has not prevented the holders of small lands requiring their lands for personal cultivation claiming their lands from the tenants provided two conditions are satisfied: (1) the principal source of income of the person claiming land is agricultural pursuits, (2) the tenant dispossessed of the land is not rendered landless. Similarly the Act does end to voluntary surrender of lands. However, the new provision requires surrender of land to be verified by the concerned Tahsildar. This acts as a sort of check and prevents landlords from obtaining their lands either by the use of force or inducements. The previous procedure adopted in the district, prior to the implementation of this Act, for payment of rents in terms of crop share or service (personal labour) has been discontinued and limits placed on payment of rents. The new system envisages putting an end to the exploitation of tenants. The Act has anticipated consequent hardships which may be caused to widows or disabled persons and has sought to protect their interests. Exemptions from the provisions of the Act have been granted in favour of industrial and commercial undertakings', cultivation of garden crops, sugarcane, coffee plantations and municipal areas. It gives a fair opportunity to both the tenants and the landlords for revision of rent if any improvement is subsequently effected or for reduction of the same if any loss is caused due to unforeseen circumstances.

Though in the beginning some difficulties were experienced in the implementation of the Act they were sought to be removed through subsequent amendments to it. The main objective of the Government behind the enforcement of this Act was to remove the intermediary class of Malguzars and to make tillers of the soil the owners thereof. However, in so doing the natural rights of the owners of land regarding receiving compensation in lieu of their lands occupied by tenants or by the Government itself securing them as surplus lands, was kept unaffected. Thus they were allowed to receive reasonable compensation.

The Planning Commission had before it the two-fold objective of exploiting the available land to the maximum possible extent and to maximise the yields therefrom but at the same time securing permanently the rights of the tillers in the land they cultivated. While implementing Land Legislation many important considerations, such as achieving the targets laid down under the Five-Year Plans, bringing about balanced economic development of the masses, ensuring social justice to the labourers, etc., have to be kept in view. By the introduction of Act No. XCIX of 1958, the long established class of Malguzars was abolished for ever.

The system of royatwari has been introduced in Bhandara district after the abolition of Madhya Pradesh Malguzari Proprietary Rights Act, 1950. At present only Royatwari Tenure system is in existence. The tahsilwise position of villages, holders, area covered and assessment is as under: —

After the application of provisions of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, the tenants are classified into two categories, i.e., ordinary and protected tenants. The tahsilwise details are as under: —

The information about ordinary tenants was prepared in the year 1963-64. The total number of cultivators was reported to be 2,83,901 in the district.

The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, came into force from 20th August 1958, and under section 8 of the Act about 44,759 tenants were declared and they were holding 99,011 -00 acres of land as tenants. The tahsilwise position up to 30th June 1969 is as under: —

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