AGRICULTURE AND IRRIGATION

TENANCY

Cultivation of land by tenants is found to prevail in inam as well as in rayatwari lands. The lease of land to tenants occurs mainly on account of the landowners leaving villages for employment in the nearby towns and cities. The transfer of lands to non-cultivating creditors has also tended to produce the same effect. The growing pressure on land due to a disproportionate increase in agricultural population, the absence of other means of subsistence, an appalling poverty accompanying the increasing magnitude of indebtedness are the factors that have impelled the cultivators to take to the tillage of land on whatever terms the landlords might choose to impose. Furthermore, the lack of fixed tenure as well as of protection against rack-renting seem to have led to the lack of incentive for the proper cultivation of land. For, land instead of being utilised for greater production very often became more of a speculative commodity and passed into the hands of non-agriculturists. This created a problem of absentee landlordism and reduced the productivity of the soil still further. The landlord-tenant relationship was regulated by the provisions of the Bombay Land Revenue Code, 1879 and other legislations applicable to local areas. These provisions, however, did not ensure an equal status to the lessee who enjoyed only an inferior position in matters of contract or agreement vis-a-vis the lessor. The class of tenants was not guaranteed any permanency and continued to be tenants-at-will and hence deprived of their rights of tenancy at the mercy of the landlord. Besides doing farm operations for the landlords in lieu of rent, the tenant was in most parts of the district compelled by local usages and customs to pay unregulated rent or to offer unremunerated labour to the landlord. Thus, very frequently, the tenant remained subservient to the landlord.

In this State, there was no special law regulating the landlord tenant relations. These were governed by local customs and usages. The provisions of section LXXXIII of the Bombay Land Revenue Code, 1879 constituted the tenancy law of the State. The Khoti Settlement Act, 1880 regulated the relations of khots dharekaris, quasi-dharekaris and permanent tenants. No steps were taken for giving protection to the tiller of the soil, till 1937 when the then congress Government announced its intention of enacting legislation aimed at protection of tenants by vesting the control of land in the actual tiller of the soil. Hence, the Government of Bombay passed the Bombay Tenancy Act of 1939 with a view to ameliorating the condition of tenants without injuring the legitimate interests of landlords. Those tenants who had held land for a period of not less than six years immediately preceding 1st January 1938 were declared "protected tenants". Such tenants could not be evicted, unless they ceased to cultivate the land personally. The other provisions of the Act were those relating to; firstly, tenancies and their duration; secondly, fixation of maximum rent; thirdly, abolition of any cess rate, vero, huk, etc.; fourthly, determination of reasonable rents; fifthly, commutation of crop-share rent into cash; sixthly, prohibition of receiving rent in terms of service or labour; and finally, retention. The Act was first applied to a few selected areas as an experimental measure and then to this district with effect from 11th April 1946. The Act was subsequently amended on 8th November 1946 with a view to removing certain difficulties envisaged in the implementation of a variety of tenures and of a number of usages and customs prevailing in different parts of the State. But after Independence, in order to ensure firstly, an increase in agricultural output; secondly, the maintenance of agrarian efficiency; and finally, the preservation of tenants' interest in the land, steps were taken to hasten agrarian reforms. To bring about successful implementation of the policy, the Government felt it necessary; firstly, to assume management of estates held by landowners as well as of fallow lands; secondly, to impose restrictions on transfer of agricultural lands to prevent uneconomic cultivation; and lastly, to create, foster and encourage the peasant proprietorship in respect of holdings of a suitable size. Taking all these factors into consideration, the Act was amended on 28th December 1948, and was entitled "The Bombay Tenancy and Agricultural Lands Act, 1948". The new enactment retains the important, provisions of the earlier legislation with an addition of certain peculiar features of its own. It is devoted to the management of the estates of landlords in case of dispute or of fallow lands and their acquisition too, where necessary, imposition of restrictions on transfer of agricultural lands and, finally, to the exclusion of the jurisdiction of the civil court over tenancy matters. The landlord tenant relations are sought to be settled by giving the tenants fixity as to tenure, trees, rental and house-sites, providing commutation of crop share into cash, abolishing various veros, huks, cesses, etc. of an obnoxious nature levied under custom or usage and by allowing suspension and remission of rent under certain circumstances. The efficient cultivation of land is sought to be settled by prohibiting sub-letting and sub-division, encouraging joining of co-operative societies, assuming management by Government of land-holders' estates in the case of disputes between landlords and tenants or for ensuring fuller utilisation of land, prohibiting transfer of agricultural lands to non-agriculturists and determining priorities in the matter of transfer of lands enabling a protected tenant to purchase land of a landholder at a reasonable price payable in instalments, assuming management of land lying uncultivated for any two cultivating seasons, acquiring any estates or land under management and, finally, by restricting resumption by a landholder of land held by a protected tenant for personal cultivation or non-agricultural use. The three categories of tenants reorganised under the Act cover permanent tenants, protected tenants and ordinary tenants for ten years. The number of cultivators in the district as on 1st August 1956 is given below:―

The Act has statutorily fixed the maximum rate of rent at one-third and one-fourth of the total produce in case of non-irrigated and irrigated lands, respectively. It empowers the Government to fix rent at a rate lower than the maximum. The right of a landlord to terminate the tenancy of a protected tenant for the purpose of taking over the land for his personal cultivation is limited by the Act. He cannot terminate the tenancy, if he is already cultivating other land, fifty acres or more in area. However, if he cultivates less than fifty acres, the right is limited to such area as will be sufficient to make up the area for his personal cultivation to the extent of fifty acres. The protected tenant is also given the right of purchasing his holding from the landlord at a reasonable price provided that thereby his own holding is not increased to more than fifty acres or that the landlord's holding is not reduced to less than fifty acres. The onus of continuing a protected tenancy to the heirs of a deceased protected tenant is shifted on to the landlord. Other provisions of the Act authorize the Government to assume management of the estate of a landholder for the purpose of improving, the social and economic conditions of the peasants or for ensuring full and efficient use of the land for agriculture. A provision is made for the payment to the lawful holders of the net surplus in respect of estates taken over by management after deductions of the appropriate cost incurred by the Government, and of the amount, if any, required for the liquidation of debts and liabilities. The Act prohibits transfer of agricultural lands to non-agriculturists, but the Collector may permit such transfers in exceptional cases. The landlord has to transfer his agricultural lands to persons in the set priority, the same being laid down as; firstly, the tenant in the actual possession of land; secondly, the individual or individuals personally cultivating any land adjacent to the land to be sold; thirdly, a co-operative farming society; fourthly, any other agriculturist; and lastly, any person who has obtained from the Collector a certificate to the effect that the person "concerned intends to take to the agricultural pursuit. The Bombay Tenancy and Agricultural Lands Act. 1948, was subsequently amended by the Bombay Tenancy and Agricultural Lands Act (Amendment), 1952 which came into effect on 12th January 1953. The Act effected important amendments to sections V, XIV, XXV, XXXII, XXXIV and LXXXVIII. Section XXXII of the Act provides for purchasing the land by a tenant on instalment basis. Similarly, section XXXIV maintains that the landlord cannot eject the tenant even on the ground of personal cultivation, unless such cultivation is the main source of maintenance for the landlord and subject to the fulfilment of certain conditions imposed as per section XXXIV-2-A. The Government objective behind all these enactments was obviously to remove gradually all intermediaries and to make the tiller of the soil the owner of the land. However, in the course of time, certain defects and deficiencies were disclosed, since it was impracticable to translate into practice the ideas of ceiling areas and economic holdings. It was hence necessary to solve satisfactorily these key problems of agrarian reforms. The Amending Tenancy Act, 1955, defines these, fixes the maximum and minimum limits of rent, provides for a compulsory purchase of land by tenants, stipulates prices at which lands are generally to be sold to a tenant and urges the need for maintaining land as a security. Restrictions on the tenant in respect of the purchase of land in excess of the ceiling area and those on the landlord in respect of evicting a tenant from a holding below an economic size have also been imposed. However, certain provisions of the Act are not made applicable to industrial areas or commercial undertakings as well as to areas growing sugar-cane and fruits. Similarly, the municipal or cantonment areas have been excluded from the orbit of the Act. It is thus felt that the amending Tenancy Act, 1955, will succeed in establishing a stable rural economy by bringing the tenants into direct relation with the State, thereby putting an end to the landlord-tenant nexus. The Act is expected to enable the Government to take decisive steps to direct the re-distribution of land in excess of ceiling area so as to afford equal opportunities to landless labourers. Further, the Government issued the Bombay Ordinance III of 1957 and the Bombay Act XV of 1957 in order to remove all doubts and practical difficulties which may crop up in the execution of the Act. But this was not enough, since there still remained some difficulties which could not be overcome without amending certain provisions of the Act. Hence, the Bombay Act, XXVIII of 1957 and the Bombay Act LXIII of 1958 was enacted. The Government also undertook various other measures in the form of supplementary legislation for implementing the policy of agrarian reforms in other directions. Among these can be included the Bombay Agricultural Debtors' Relief Act, 1939, the Bombay Khoti Abolition Act, 1950, the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, and the various enactments abolishing special watans, tenures, inams and jahagirs. To sum up, all these legislations contribute substantially towards the fulfilment of the two-fold objective of the Planning Commission which consists in the full "economic exploitation of land to bring about the maximum net produce therefrom and in the attainment of social justice by securing to the tiller permanent rights of the land as a fair reward for his labour.

The Bombay pargana and Kulkarni Watans Abolition Act, 1950

The Act applies to. the pargana and kulkarni watans, whether commuted or uncommuted. All watan lands are made subject to the payment of land revenue under the Bombay Land Revenue Code, 1879. After resumption of the watan lands, the Government can dispose of the land in accordance with general orders for disposal of unalienated waste lands. However, in view of the sentimental attachment created by the long standing possession of the lands by the watandars, the Government have decided to regrant the land to watandars on payment of occupancy price equal to six times, in the case of pargana watans and, twelve times in the case of kulkarni watans assigned for services of the assessment of land. The Act gives the watandars the primary right to acquire occupancy fights on payment of occupancy price. The Act had a varying effect in different parts of the district. Thus, in Alibag taluka, there are no pargana and kulkarni watans with the result that the provisions of section IV (1) of the Act do not apply to it. However, there are twenty-nine cash allowance holders all of whom have applied for compensation. Of these, all but one have been decided and a payment to the tune of ten thousand rupees has been sanctioned to them payable partly in cash and partly in bonds. In Panvel taluka, six villages with an assessment of approximately Rs. 145 and an area of almost twenty acres distributed among twenty-five holders have been covered under the Act. There are no kulkarni watans in Roha taluka. Similarly, there are no lands under the pargana watans. The taluka has, however, a total of eighty-three cash allowance holders. The compensation has been estimated to the tune of twenty-four thousand rupees payable partly in cash and partly in bonds. In Mahad taluka, the Act brings under its fold thirteen villages with a total area of a little more than two thousand acres. In Karjat taluka, the Act applies to the village Hedawali for an area of 1,376 acres approximately. The entire area is regranted to the inamdars on payment of occupancy price. The Act affects three villages with an assessment of roundabout Rs. 150 and covers an area of approximately eighteen acres in charge of seventeen holders. In Mangaon taluka, the village Chinchavali falls within the purview of the Act which affects twenty-eight cash allowance holders. The total amount of compensation works out to about ten thousand rupees.

Bombay Personal inams Abolition Act, 1952.

The Act extends to the inams excepting those in merged territories. Its objective is to eliminate the unnecessary intermediary, the inamdar, from the village administration. Since talathis of the adjacent villages have been placed in charge of the inam villages and land, the rayats have been brought into direct contact with the Government. The Act applies to two villages, Kurkundi-koltemhi and Kolghar in addition to scattered lands situated in forty-nine villages. There are 160 tenure holders having a total area of 1,764 acres. Out of twenty-nine applications made for grant of compensation which is estimated to be nearly three hundred rupees. In Panvel taluka, the Act affects seven rayatwari and twenty-seven non-rayatwari villages with a total area of about 4.400 acres and an assessment of twenty thousand rupees approximately. The holders to whom provisions of the Act apply number in the neighbourhood of 150. In Roha taluka, there are eleven entire inam villages besides scattered lands situated at ten villages of the taluka. Of these, Wali, Chinchavali and Mumbsoli are unsurveyed villages. In Mahad taluka, five entire villages are affected by the Act, whereas pocket-inams exist in fifty-nine other villages. In Mhasla peta, the Act applies to the Sanderi village with an assessment of about Rs. 550 in scattered lands which extend over an area of 207 acres approximately and affect seven tenure holders. The Act also applies to five villages in Sudhagad peta, four villages in Uran peta and seven villages in Karjat taluka. Besides, it covers six villages in Khalapur peta having an assessment of a' little more than eleven thousand rupees and a total area of 3,697 acres and affects a dozen holders. In Pen taluka, the Act covers six villages.

The Bombay Kauli Tenures (Abolition) Act, 1953.

The Bombay Kauli and Katuban Tenures (Abolition) Act, 1953, extinguishes the right of kauldars to the exemption from payment of land revenue. The expression "kaul" means an agreement or a document granted by a Collector, proprietor or receiver of revenue to a subordinate payer of revenue. The expression "katuban" means fixed rent or assessment not liable to fluctuation. The kauli tenure was found in thirty-three villages of Alibag, Pen, Khalapur. Roha, Mangaon and Mahad sub-divisions of the district. Besides, it existed in 162 villages of the former Murud-Janjira State now merged in the district. The kaulis were generally in cash except in the case of Dasgaon in the Mahad taluka where the kauli assessment was fixed in kind. In the Janjira State, the kauli lands were of two kinds, viz., cash kauli and ainjinnas kauli (in kind). The cash kauli assessment varied from two to five rupees per bigha and the assessment in kind was five maunds of paddy per bigha. The Janjira State treated the kauldars as occupants of the lands, but they could not sell, mortgage or otherwise alienate lands without the permission of the Nawab. The necessary permission to alienate these lands could, however, be given on payment of nazrana and full survey assessment to Government. After the sale of the lands, the kauli tenure was converted into the dhara or rayatwari tenure. The legislation cancels all kaul and katuban leases and the incidents associated therewith are extinguished. For this purpose, a kaul-holder is defined as a person holding land under a kaul or katuban and a permanent holder as a holder of kauli or katuban land to whom such land may have been lawfully transferred as a purchaser or who lawfully holds such land as dhara land on payment of fixed rent or assessment. All these lands are made liable to payment of full survey assessment under the provisions of the Land Revenue Code and rules thereunder. In Alibag taluka, there is no instance of an entire village being affected by the Act, which applies, however, to scattered lands in Pedhambe, Bhal, Velhavali, Kavir and Akshi extending to a total area of 67 acres approximately. The Act affects one person holding eight acres of land with an assessment of about Rs. 73 and situated in one rayatwari village in Panvel taluka. Two entire kauli villages, namely, Mahadeokhar tarf Birwadi and Mahadeokhar tarf Ghosale were covered by the Act in Roha taluka where there were also some kauli numbers scattered at Talaghar and Khamb. The total area covered by the Act amounts to a little more than five thousand acres. In Mahad taluka, a total area measuring 170 acres scattered in eleven villages is covered by the Act.

In Murud peta, there were thirty-five villages with a total area of approximately 345 acres to which the Act was made applicable. In Mhasla peta, the Act affected fifty-eight villages with a total area of 495 acres and assessment of about Rs. 1,000. The Act affected two holders in a village in Khalapur peta and the land thus covered measured six acres. In Sudhagad peta, the Act applied to five villages. However, in Mangaon taluka, kauli lands approximated to an area of 109 acres variedly distributed at lands at Tokarde, Purar, Mudre, Manjarawane, Wadghar, Sheelim, Kondthare, Malathe, Mandad and Sai.

The Bombay Shilotri Rights Abolition Act

The Bombay Shilotri Rights Abolition Act affected scattered lands in two villages making a total area of 736 acres in the district. headquarters. No occupancy price is to be recovered nor does any land vest in the Government as per provisions of the Act.

The Bombay Service Inams Useful to community Abolition Act 1953.

The Bombay Service Inams (Useful to Community) Abolition Act, 1953, provides for the abolition of service inams with all their incidents and rights to hold office and any liability to render service. The Act affected three holders and applied to three villages in Panvel taluka. The area covered amounted to 29 acres with an assessment of about Rs. 160. In Alibag taluka, land measuring forty acres was covered by the Act. Seventeen holders were affected under it in Khalapur peta. The land thus covered measured 17 acres with an assessment of Rs. 144.

The Bombay Personal Inams Abolition Act, 1952,

The Bombay Personal Inams Abolition Act, 1952, extends to The Bombay the inams in the State excluding the merged territories. It extinguishes, from the appointed day, all personal inams and the rights legally subsisting in regard to them. However, exemption has been made in respect of grants which consist of exemption from the payment of land revenue either wholly or partially.

The Bombay Khoti Abolition Act, 1949

The Bombay Khoti Abolition Act, 1949, abolishes the Khoti tenure that obtains in Kolaba and Ratnagiri districts. It came into effect on 3rd April 1950, and was subsequently amended by Bombay XVIII of 1950, Bombay III of 1952, Bombay XXXVIII of 1953. Bombay LXV of 1953 and Bombay XCIII of 1958 Acts. The lands are primarily divided into dhara, kauli, khoti, sarkari, etc. The khots are of two kinds, namely, isfati and ordinary. The former are revenue farmers for a certain fixed period. The total land covered under the Act in Roha taluka measured 88,487 acres scattered in 93 khoti villages and distributed among 328 persons. The khots have been declared as occupants of their khoti, khasgi lands and, tenants in actual possession (legally entitled) as occupants of the khot nisbat lands subject to the payment of occupancy price in six multiples of the assessment of the lands. The Act applied to 108 villages in Mahad taluka and covered 1,42,280 acres of which nearly 40,000 acres were resumed by the Government. Land measuring 18,104 acres has been re-granted to the holders on payment of occupancy price, whereas that measuring 21,552 acres has still to be granted to the holders, as they have not paid occupancy price estimated at Rs. 11,900. In Mhasla peta, the Act affected thirty-four holders in a village at Sanderi. The commuted value thereof is estimated at a little over a thousand rupees to be recovered from the tenants. In Khalapur peta, the Act affected only one village with an area of 775 acres distributed among seven holders. It was applicable to two villages in Sudhagad peta and eighteen villages in Pen taluka. However, in Mangaon taluka, 180 villages were affected as a result of the Khoti Abolition Act, covering 4,744 acres. The total occupancy price is estimated at Rs. 79,000 of which a sum of Rs. 60,000 has so far been recovered.

The Bombay Merged Territories And Acts.

The Bombay Merged Territories (Janjira and Bhor) Khoti Tenure Abolition Act, 1953, abolishes khoti tenure with all its incidents. It applies to 26 villages in Murud-Tanjira peta over an area of a little over 3,000 acres of which land measuring approximately 230 acres is re-granted to the khots and 152 acres to the tenants on payment of the occupancy price and 521 persons are entitled to a claim as occupants of the khoti lands. No compensation is payable to the khots under section XIV of the Act. In Mhasla peta. the Act covered 51 villages over an area measuring approximately 11,700 acres with an assessment of nearly Rs. 12,000 and affected 616 tenure holders. The Act applied to 31 villages in Sudhagad peta. The Bombay Merged Territories and Areas (Jagir Abolition) Act, 1953, abolishes jagirs in the merged territories and merged areas in the State. It affected eight nonproprietary and two proprietary villages in Murud peta. The total area covered thereunder worked out to almost ten thousand acres of which land measuring 1,413 acres and known as gharkhed is regranted to the permanent holders under section V-2-(b) of the Act. About 775 acres have to he granted to the tenants on payment of occupancy price payable at a rate obtaining at six times the assessment. In Mhasla peta, the Act affected twenty-six tenure holders scattered in five non-proprietary villages including Mendadi, Gondaghar, Kharsai, Chikhalap and Salavinde. The total area covered thereunder amounted to more than 6,400 acres as distributed below:―

The Act applied to Wavaloli, Tadgaon, Khanranjghar, Maha gaon, Wandrosi, Chandargaon, Hemeri, Dahigaon, Bharjc, Pali Dapode and Nanose in Sudhagad peta. Furthermore, the Bombay Merged Territories (Miscellaneous Alienation) Abolition Act 1955, affected the Sudhagad peta only, and as a result suspended payments of cash allowance holders excepting those holding devasthans.

To sum up, the various enactments were made to ensure sufficient justice to the parties actually involved in the cultivation of land. A number of cases were filed under the Bombay Tenancy and Agricultural Lands Act, 1948, a majority of which were disposed of till 1st August 1956, as can be seen from the following figures: ―

The following table gives the talukawise statistics in respect of cases filed, disposed of, etc., during the last ten years:―

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STATISTICS OF APPLICATIONS FILED, DISPOSED OF, ETC., UNDER THE BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948.

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