The Gazetteers Department

Prior to 1949, there existed in Bhir district different categories of tenures, such as jagirs, ijaras, kauls, inams etc. Their creation was felt essential by the previous rulers for political, administrative and religious purposes. The then rulers required support to their rule and sure source of revenue to the state. They picked up some leading men in the society, who could influence the masses and gave them inams with the power to collect the revenue of the entire villages, or a definite percentage of the collected land revenue. These persons, later on, came to be known as watandars, inamdars, jagirdars, deshmukhs, deshpandes etc. They were expected to give their full support to the rulers to maintain law and order and to ensure regular and punctual payment of government dues after recovering the same from the people. This resulted in the creation of a class of landlords, who did not cultivate their lands, but lived on the revenues realised from their inams, jagirs and kauls. The British regime, obviously, did not want to displease these people. They recognised their rights and privileges just to ensure their loyalty and to secure their support to the British rule. However, it was realised later that this system of tenure was detrimental to the interests ot the cultivating classes.

The most prevalent form of tenure in Bhir district is the ryotwari tenure. Strictly speaking, this type of tenure does not envisage the landholder as a non-cultivating owner and a mere rent receiver. Due to unrestricted transfers of rights in land and other factors, such as security of investment in land and false notions of social prestige on the part of the people, a class of non-agriculturists landlords came into existence. Landed property began to be looked upon as a source of income and a matter of commercial investments. Besides this, ownership of land afforded these people an eminent place and high prestige in the society.

The achievement of Independence changed the political picture of India. The much-felt need of bringing an over-all change in the socio-economic picture also began to be widely realised. Consequent to this, the Government of India appointed a Planning Commission, which made a number of recommendations for bringing about the structural, institutional and administrative reforms in different sectors. They advocated a land policy, which aimed at improving the status of the peasant by giving him a stake in land. It also aims at reducing inequalities in income and opportunities, by advocating a ceiling on all agricultural holdings. It visualises an agrarian economy in which every cultivator owns the land he cultivates.

In view of the policy recommended by the Planning Commission the Government of India decided to abolish all the intermediaries by enacting special land legislations. In pursuance of the Government of India's directives, the then Government of Hyderabad enacted the Hyderabad Tenancy and Agricultural Land Act [The Act was enforced in Bhir district w.e.f. 10-6-1950.], 1950. The twin aims of the Act are assurance of security of tenures for the tenants and promoting the proprietary rights of the peasants. The salient features of the Act were: —

(i) Introduction of family holdings as a yardstick for the administration of land reforms,

(ii) Reduction in rent and fixation of it in terms of multiples of land revenue,

(iii) Restriction on resumptions of the land for personal cultivation,

(iv) Fixation of ceiling on the size of holding,

(v) Acquisition or resumption and management by the state of the surplus production in efficiently cultivated lands.

The relations between tenant and landlord are governed by the Hyderabad Tenancy and Agricultural Lands Act, 1950. Initially. these relations were tried to be regularised by the enforcement of the Hyderabad Asami Shikmi Act of 1354 Fasli (1945 A. D.) which provided for fixing the tenure of all new tenants for ten years and empowered the government to fix maximum rates of rent. Further, old tenants were granted permanency of tenure subject to the payment of lawful rent only. However, the provisions of this act did not achieve the desired object. As such a more revolutionary type of legislation viz. the Tenancy Act of 1950, was enacted, to replace the Asami Shikmi Act. The main objects of this act were the improvement of the status of the tenants, limitation of size of holding, abolition of absentee landlordism and preservation of the land in the hands of the tillers and the genuine agriculturists. According to the new enactment of 1950, the landlords are restrained from retaining land which is more than 4½ times the size of the family holding and acquiring new land.

If their holdings exceed three family holdings, the protected tenants, who are landless or have held small lands were given privileges to acquire compulsorily the rights of ownership of the tenancy land to the extent of one family holding belonging to a landholder, who owns more than two family holdings under Section 38-E of the Act. The tenants in general are allowed to purchase land under their tenancy under Section 38-A on reasonable price within the maximum limits prescribed by the government. Similarly, the landlords are required to sell their land to the tenants with first preference, under Section 38-D of the Act. The absentee landlords are not allowed to resume the cultivation of lands after 31-12-1958, thus ensuring fixing of tenure of cultivation and possession of lands in favour of tenants as long as they cultivate the lands without damaging them and without subletting or committing continuous default in payment of rent. The rents have also been fixed up to a maximum of five times of the revenue assessment under Section 11 of the Act. The Government has also powers to assume management of the lands kept uncultivated except on reasonable grounds for more than three years under Section 51 of the Act.

All the provisions operate in the best interests of the tenants and tend to regularise the relation between them and their landlords. In these circumstances, the law does equal justice to both-

The maximum, rents have been prescribed in the Act for the protected and ordinary tenants. If the amount of rent payable by the tenant for any type of land exceeds the value of one sixth of its produce, the tenants shall be entitled to deduct from the rent for that land the amount so in excess and the quantum payable by the tenant shall be deemed to have been reduced by the extent of such deduction. Moreover, the tenant has option to pay the rent either in cash or in equivalent produce of grain, according to the prices prevailing in the market. The landlords are prohibited from receiving or recovering rent in terms of services. They cannot levy taxes or accept services of any kind other than the rent lawfully due from the tenants. The protected tenant, subject to certain conditions, is defined as a person who has held the land continuously for a period of not less than six years, being a period fully included in the Fasli years 1342 to 1352 or for a period of not less than six years immediately preceding the first day of January 1948 or for the period of not less than six years, commencing not earlier than 6.10.1943, and completing before enforcing the tenancy act and who has personally cultivated such lands during that period.

The act strictly lays down that no permanent alienation and no other transfer of the lands shall be valid unless it is made with the previous sanction of the collector. Not only restriction is placed on the future acquisition of land, but a ceiling is also fixed for the existing landholdings.

During the period of ten years, from 1950 to 1960, the act was amended twelve times just to accommodate the recommendations of the Planning Commission. As has been pointed out, it adopted the concept of family holding as a yard-stick for enforcing the provisions of ceiling of landholdings act. The area of a family holding so determined for different classes of land in different local areas was expected to yield an assured income of Rs. 800 per year to a family of five members. The tenant cannot be evicted at the sweet will of the landholder. He can be evicted only under certain specific categories of default or due to his own voluntary surrender.

In Bhir district there were 20,242 protected tenants in 1950 who cultivated a little or more than 2,82,437 acres. The number of declared owners under sections 37 and 37-A is 26,166 covering an area of 4,76,021 acres. The number of protected tenants on whom ownership rights under section 38-E of the Act has been conferred is 5,772 involving an area of 65,704 acres. The number of tenants who are allowed to purchase lands under their tenancy, under section 38 A is 91 involving an area of 1406 acres. The declared owners who were dispossessed are being given back possession of the declared lands and so far the number of such protected tenants is 891 involving an area of 7,226 acres.

In the same years, 5,772 tenants were declared as owners under section 38-E of the Act. They cultivated an area of over 65,704 acres.

From 1950 to 1960, 19,066 cases were filed under the Tenancy Act. Out of these, 17,324 cases were disposed of and 1,742 remained undecided. Of the cases disposed 11,931 were decided in favour of tenants and 5,221 cases against him.

The tenancy act provides for the mechanism to enable the tenants to become owners of the land they themselves cultivate. They are entitled to purchase at concessional prices, so much of the land, as would raise their holding to make it a family holding. At the same time, landlords also have been protected by ensuring that the land left with them after such a purchase would not be less than a family holding. The tenants are allowed to effectd payments in resonable instalments. In case a tenant desire to purchase more land than what he is entitled to, he can do so at the market price, but subject to the maximum of three family holdings. In order to avoid illegal transfers of land, the government has prescribed a scale of penalty for transfer after 8.6.1958, that is, after the commencement of the amended act of 1957.