Indian land system during different periods from medieval to modern India.

Indian land system during different periods from medieval to modern India. http://en.wikipedia.org/wiki/India#CITEREFSingh2009.

The concept of collection of revenue that necessitated the maintenance of land records, although in a rudimentary form, in ancient times. The Arthsastra is the first Indian work to mention regarding the village officers known as “gopa” whose duties include preparation of various registers for the village fields, transfers, due taxes, etc. Attempt to reform the system were first made by Sher Shah whereby land was categorized, measured and a schedule of crop rates fixed. This was further developed during the regime of Akbar, who with the assistance of Raja Todar Mal, fixed cash rates on a more scientific and rational basis. Elaborate methods were devised for determining the average produce of each class of land and for commuting grain rates into money rates. In fact Akbars’s settlement widely resembles the later settlement effected under British rule. Subsequently during 1822 regulations were introduced for detailed surveys and regulations. The primary interest of the British rulers was the collection of land revenue and consequently the system of land records was also organized to serve that purpose. land revenue systems introduced by British in India such as

1. Zamindari System, (Under Zamindari or permanent settlement system introduced in 1793, feudal lords (Zamindars, Jagirdars etc.,) were declared as proprietors of land on the condition of fixed revenue payments to the East India Company. This system prevailed over most of North India, including present-day Uttar Pradesh (except Oudh and Agra), Bihar, West Bengal most of Orissa and Rajasthan (except Jaipur and Jodhpur), and covered around 57% of the total area cultivated.)

2. Ryotwari System (In this case, individual cultivators i.e, ryots were recognised as proprietars of their land with the rights to sublet, mortgage and transfer their lands by gift or sale. Their tenure of land was secure so long as revenue payments were paid directly to the Collectors.)

3. Mahalvari System (This tenure system was much less extensive and accounted for some 5% of the cultivated area. Under this system, the village lands were held jointly by the village communities, the members of which were jointly and severally responsible for the payment of land revenue. Land revenue was fixed for the whole village and the village headman (Lumbrdar) collected it for which he received ‘panchatra’ i.e. 5 per cent as commission.)

The Zamindari system, (feudal system of land holding acquired by birth right) was abolished by the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, a law that came into operation in the state in 1951. The Uttar Pradesh Zamindari Abolition and Land Reforms Act 1950 (U.P. Act 1 of 1951) applies to the entire State. The Act was enforced in the bulk of the State in July 1, 1952 while in other areas some modifications were necessary, it was enforced on subsequent dates from 30th September, 1952 to 1st July, 1959, In urban areas also demarcation of agr icultural lands from non-agricultural lands and, in many cases, record operations for making records up-to-date were

necessary. A separate law, namely, the U.P. Urban Areas Zamindari Abolition and Land Reforms Act, 1956 (Act IX of 1957) was enacted for the purpose and demarcation operations taken up in the urban areas

Ceiling law has been enforced with effect from January 3, 1961and Uttar Pradesh Urban Land (Ceiling and Regulation) Act, 1976 but  Urban Land (Ceiling and Regulation) Repeal Act, 1999.  was carried out in the state of Uttar Pradesh

The Constitution of India

The Eleventh schedule (Article 243-G) of the constitution lists matters pertaining to land improvement, implementation of land reforms, land consolidation, soil conservation, and watershed development and management under powers, authority and responsibilities of Panchayats (rural local bodies). The Twelfth schedule (243-W) lists urban planning and regulation of land-use under the powers, authority and responsibilities of municipalities (urban local bodies). The 73rd and 74th, Amendment Acts (1992) of the constitution brought the land use, conservation, management and related issues under the purview of local bodies in both rural and urban areas.

Future strategies of land management

Central and State Land Use Boards should be reorganized and empowered to lead this work-(The Centrally Sponsored Scheme on Strengthening of State Land Use Board (SLUB) was launched in 1983. Main Components /Activities of SLUB:-- Formulation of suitable legislative/ other measures to prevent diversion of agricultural land). Further, Government must implement the unimplemented agenda of land reform with particular reference to tenancy laws, land leasing, distribution of ceiling surplus land and wasteland, providing adequate access to common property and wasteland resources. Following the conferment of land rights to women under the Hindu Succession Amendment Act (2005), the provision of appropriate support services to women farmers has become urgent. Moreover, as far as possible, agricultural land should not be diverted to non-agricultural use (GoI, Planning Commission, 2007).

Adhivasis. Sirdars,and Bhumidhar

The Adhivasis tenure which was a transitional form of land tenure, was abolished by an

amendment (Act XX of 1954) to the U.P. Zamindari Abolition and Land Reforms Act, 1950. With effect from 30th October 1964 all the adhivasis became 'sirdars' paying land revenue directly to Government. All sirdar became bhumidhar by Uttar Pradesh Land Laws (Amendment) Act, 1977.In Uttar Pradesh resumption of land by the owner for personal cultivation and consequent ejectment of tenants was not allowed and all the tillers of the soil were brought into direct relations hip with the State and the rights of intermediaries or tenants above them were abolished

Land Records

1- The primary reporting agency responsible for maintenance of land record consists of lekhpals

. The Supervisory staff consists of supervisor Kanungoes,

Naib-Tehsildars, Tahsildars, Sub-divisional Officers and Collectors at District level. The ultimate

responsibility and coordination rest with the Board of Revenue.

3- The principal land records are

(1) the village map which gives the boundary of the village with its configuration.

 (2) Khasra or field book which records the plots serially with all details and

(3)Khatauni which gives the record of rights of tenure holders (owners and tenants). Entries in the

records are made annually. Khatauni has been made triennial record since 1363 fasli.

3- The making of qabiz entries in remarks column of khasra, i.e P.K.10 with date diary has been abolished

tenancy rights and concealed tenancies

The law prohibits leasing except in the case of persons suffering from a disability (or where the lease is made to a recognised educational institution),but permits partnership

in cultivation (sajhedari). In practice, leasing on crop sharing (batai) is increasing. The share croppers usually pay half the produce as rent. They are not allowed to remain on land) for any length of time lest they claim tenancy rights. Such arrange ments are generally not recorded and the share croppers arc unable to claim any right under the law. Illegal and un-recognised leasing of land exists,

.