U.p. Land Law Assignment

Dr. Shakuntala Misra National Rehabilitation University, Lucknow

PROJECT ON: - U.P. LAND LAWS

(UNDER THE SUPERVISION OF DR GULAB RAI SIR) SUBMITED TO:

SUBMITED BY:

Dr. Gulab Rai Sir Faculty of Law, D.S.M.N.R.U

UTKARSH MISRA B.Com.LL.B(Hons) 9th Semester

Lucknow

Roll.No- 57 1

ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my subject teacher ‘Dr. Gulab Rai sir’, who gave me the auspicious opportunity and assisted me a lot in completion of this assignment on the topic, i.e “An Evaluation of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950” on the subject Public International Law which helped me in achieving lot of new knowledge related to the topic. Secondly, I would also like to thanks to all my friends and family members who helped me in finalizing this assignment.

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TOPIC

AN EVALUATION OF UTTAR PRADESH ZAMIDARI ABOLITION AND LAND REFORMS ACT, 1950

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INDEX

1. INTRODUCTION --------------------------------------------------------------------5 2. REASONS FOR ABOLITION OF ZAMIDARI SYSTEM---------------------5 3. SALIENT FEATURES OF U.P.Z.A.L.R. ACT-----------------------------------6 4. AIMS AND OBJECTIVES OF U.P.Z.A.L.R. A CT------------------------------9 5. CLASSES OF TENUREHOLDERS UNDER U.P.Z.A.L.R ACT------------11 6. GAON SABHA AND LAND MANAGEMENT COMMITTEE-------------14 6.1 GRAM SABHA---------------------------------------------------------------------14 6.2 GRAM PANCHAYAT-------------------------------------------------------------16 6.3 LAND MANAGEMENT COMMITTEE---------------------------------------17 6.4 GAON FUND-----------------------------------------------------------------------19 6.5 CONSOLIDATED GAON FUND-----------------------------------------------20 7. LAND REVENUE-------------------------------------------------------------------20 8. CONCLUSION-----------------------------------------------------------------------21 9. BIBLIOGRAPHY--------------------------------------------------------------------22

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AN EVALUATION OF UTTAR PRADESH ZAMIDARI ABOLITION AND LAND REFORMS ACT, 1950 1. INTRODUCTION:The Zamindari system in India was the outcome of British rule. Lord Canning was in fact the mind, who created the landlords. The British conquerors created the Zamindari system for reason of expediency and administrative convenience. The Zamindars were, in fact, a convenient reactionary social base for establishing foreign rule over peasantry and people. Fasli year can be ascertained by deducting between - 1 Jaunuary to 30 June- Years-592 and from 1 July to 31 December- Years-593 from Gregorian Calender. Vesting Order: Section 4 of the Act provided that the vesting of the estates was to take place from such date as the State Government might notify in the Gazette. On 1st date of July, 1952 all the estates of intermediaries vested in the State of Uttar Pradesh. This date is called the "date of vesting".1 The U.P. Zamidari Abolition and Land Reforms Act,1950 was passed with a view to abolish the British Creation Zamidari System. The name of the act itself suggestions that it was created for abolition of Zamidari System, to reform the law realting to land tenure system and to make provision for other matters connected therewith. The U.P. Zamidari Abolition and Land Reforms Act,1950 (in short UPZALR Act) came into force on January 26, 1951. The UPZALR Act has been divided into two parts. The part one consists with chapters 1 to6. The part two consists with 6 to 12 chapters, seven schedule and 344 sections.2

2 . REASONS FOR ABOLITION OF ZAMIDARI SYSTEM: The reasons as to why the Zamindari system has been abolished is not given in the Act. However, some of the reasons can be given which are as follows: 1. Under the Zamindari system peasants were not recognised as the owners of the land. The tenants could be ejected by the Zamindars at any time. The cultivators had no fixity of tenure and fixity of rent The peasants were, therefore, not giving their full capacity to improve the

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productivity. Therefore, in order to increase the agricultural production, it was necessary to remove the intermediaries. 2. The various classes of intermediaries, who were functioning as rent receivers, did nothing to improve the land and left the land where they were. The Zamindars were far from the moral principle "he who does not work shall not eat either". Therefore, in order to put everybody to work it was desirable to remove the idle class. 3. The Zamindar class was the social base by the British to help them maintaining their rule. This British creation had to be abolished. 4. In order to increase the state revenue the abolition of Zamindari was inevitable. 5. Instead of improving the condition of the cultivators and the soil the landlords have been responsible for the steady improverishment of both the cultivators and the land. They have indulged in rack renting and illegal exactions. Their betrayal necessitated their aboliitons. 6. The system had prevented the nation from exploiting all the natural resources for increaing food production. It had become intolerable by the peasantry. At the same time the Zamindari was believed to have become obsolete and outdated institution. Therefore, it was discredited everywhere in the world. According to Bengal Land Revenue Commission, 1940 "the Zamindari system has developed so many defects that it has ceased to serve any national interest. Eventually, the system was abolished all over the country.3

3. SALIENT FEATURES OF UTTAR PRADESH ABOLITION AND LAND REFORMS ACT, 1950 :

ZAMIDARI

Salient features of U.P. Zamindari Abolition and Land Reforms Act, 1950 are as under:1. Abolition of Zamindari SystemThe Act abolishes the zamindari system which involved intermediaries between the state and cultivators, with effect from the “date of vesting” i: e:July1, 1952.All the rights, interests and titles of intermediaries vested in the state of Uttar Pradesh. Zamindars were divested of their rights not only in the upper portion of the land but also in the sub-soils.

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2. Payment of CompensationThe Act provides that all Zamindars (intermediaries) whose rights, title or interest in any estate are acquired are entitled to get compensation. The compensation is to be paid to them equal to eight times of their net assets. In awarding compensation, no distinction is made between the bigger intermediary and the smaller one, between the main Zamindar and the Thekadar and between natural person and artificial person like waqfs, trusts and endowments.

3. Payments of Rehabilitation GrantBesides the compensation, Act also provides for payment of Rehabilitation grant. Thekadar are not entitled to this grant . Thus, Zamindars paying annual land revenue up to Rs.10,000 are entitled to both compensation and rehabilitation grant. Compensation is payable at the uniform rate of eight times of the net income (assets), but rehabilitation grant is payable on the graded rates ranging from one to twenty times of the net income. The grant is largest for the low incomes and smallest for those with comparatively large incomes.

4. Cultivating Rights MaintainedIt may be noted that “he who cultivates the land should be the owner of it” was the underlined policy of the land law. This policy has been fully enshrined in the act. The Act maintained the cultivating rights of every person, whether he be a Zamindar, a Thekadar a mortgage of an estate ,a tenant or a sub-tenant. Zamindars retained their unlet sir and khudkasht land in the status of tenure holder and become Bhumidhar of such land. Similarly the tenant of sir land and the subtenant become adhivasi. Thus all persons continued to retain possession of the lands they were cultivating.

5. Land-tenure System SimplifiedPrior to the enforcement of the U.P. Zamindari Abolition & L.R. Act, there were fourteen varieties of land tenures all complex and bewildering. The Act substituted and classified them into

three

classes

of

tenure

these

were

Bhumidhar,

sirdar

and

Asami.

Bhumidhar has transferable permanent and heritable right in land. Sirdar’s right is permanent and heritable. Asami had only tenure.Adhivasi- this fourth tenure was short lived , because in October, 1954 all adhivasi were made sirdar. 7

6. Prohibition of lettingWith the object that the zamindari system may not spread its tentacle again, tenure holders are prohibited from letting out the whole or part of their holdings for any period whatsoever. If tenure holders let his land, his right shall come to an end. Exceptions are however given on humanitarian grounds to persons suffering from mental or physical infirmity or person under legal disability and who are unable to cultivate the land personally. Such persons are woman, minor, idiot, lunatic, blind, student and persons in detention or imprisonment.

7. Prohibition for the Accumulation of landAccording to S.154(1) in future no tenure holder with his/ her spouse and minor children can acquire by purchase or gift land the result of which he becomes entitled to land exceeding 12.5 acres in the aggregate. To avoid concentration of land in the hands of a few persons is the principle behind this prohibition. Persons having more than 12.5 acres of land shall retain their holdings but they cannot have any other land by purchase by gift.

8. Prohibition for the Creation of Uneconomic holdingThe Act prohibits the court to divide the holding (or holdings) the area of which is 3-1/8 acres. Whenever in a suit for division the court finds that the aggregate area of land to be divided does not exceed 3-1/8 acres the court shall instead of proceeding to divide the land direct the sale of the same and distribution of the sale proceeds in accordance with the respective shares of the parties.In 2004 this provision was amended to allow transfer even below the earlier specified limits.

9.Uniform Rule of SuccessionThe Act removes not only the intermediaries from land law but also the religions. Now on the death of a tenure holder his interest in the holding shall devolve to heirs enumerated U/S. 171 to 175, and not to personal law heirs. This rule of succession is applicable to all the tenure holders, whether he is a Bhumidhar, sirdar or an Asami and whether he is a Hindu a Muslim or a person professing religion other then Hindu and Muslim.

10. Establishment of village Republics8

Prior to the enforcement of U.P.Z.A. & L.R.A there were two institutions Gaon Sabhs’s and Gaon Panchayats which were already established under the U.P. Panchayat Raj Act, 1947. This act established two more institutions, viz Gaon Samaj and Land Management committee. All the estates vested in the state Government were later on vested in the Gaon Samaj (Now Gaon sabha) and were to be managed by the land management committee the special executive body of the Gaon Sabha. All lands of common utility such as abadi sites, Pathways, waste land ,fisheries, village forests,hats,bazars and melas shall vest in the Gram Sabha .This makes the village a small republic. A co-operative community is intended to facilitate economic and social development and to encourage the growth of social responsibility and community spirit.

11. Wells, trees and Buildings settled with the existing owner thereofAll wells, trees in the abadi and all buildings situated in the zamindari estate allowed to be remained in the possession of existing owners or occupiers thereof, and it would be seemed to be settled with them as owners thereof. The site of wells or the buildings with area appurtenant thereto was also deemed to be settled with the owners of wells or buildings irrespective of his being a zamindar, tenant or a non –tenant.4

4. AIMS AND OBJECTIVES OF UTTAR PRADESH ZAMIDARI ABOLITION AND LAND REFORMS ACT, 1950:It is to be noted that the objects of enacting an Act may be found in the “Preamble” of the Act or in the “Statement of Objects and Reasons” accompanied the Bill or by reading the whole enactment together. The Preamble of the Act states as under-

“Where as it is expedient to provide for the abolition of the zamindari system which involves intermediaries between the tiller of the soil and the state in Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and acquisition and to make provision or other matters connected three with;

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It is hereby enacted as follows:The following objects are deduced from the Preamble:

1. Abolition of zamindari system which involved intermediaries between the tiller of the soil

and the State 2. Acquisition of rights, title and interest of intermediaries. 3. To reform the law relating to land tenure consequent on such abolition and acquisition. 4. To make provision for other matters connected therewith. “provision for other matters” includes the allotment of land collection of land revenue the superintendence management and control of estates acquired from the intermediaries.”

Introducing the U.P. Zamindari Abolition and land Reforms bill in the Assembly of july 7, 1949,

Pt.

Govind

Ballabh

Pant

(the

then

Chief

Minister)

declared:

“The main object of the new land system is to give every one full opportunity for maximum growth and development through personal effort. Distinction of high and low ,superior and inferior ,exploiter and exploited should disappear and all people working together should succeed to taking society and the country forward along the path of progress. The spirit of public hood and Sarvodaya should animate every 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 food grains may be produced and made available for all in abundance.”

“The main purpose of the bill is to encourage production to raise standard and to enable every man to produce more than he is producing today and also in a way to induce those who have so far exploited others or lived on the labour of other to produce for themselves. We cannot have any drones in a free India.”5

The statement of “Aims,Objects and Reasons” of the Uttar Pradesh Zamindari Abolition and

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land reforms, Bill, which was published in U.P. Gazette (Extraordinary), dated June 10, 1949, is summarized below:1. Abolition of Zamindari system. 2. The acquisition of intermediaries rights on payment of copensation. 3. Substitution of bewildering variety of existing land tenures by a simple and uniform scheme. 4. Prohibition of letting and subletting. 5. Development of village republic. 6. To prevent the creation of uneconomic holding, and prohibition of accumulation of large holdings. 7. To encourage cooperative farming. 8. To vest all lands of common utitlity in Goan Sabha with wide powers of land management.6

5. CLASSES ON TENURE HOLDERS UNDER U.P. ZAMIDARI ABOLITON ACT: Before coming into operation of the UP Zamindari Abolition and Land Reforms Act (UPZA&LR) 1950, there were 14 types of tenures. These divisions were very complicated. Therefore, the Act has abolished all the old varity of land tenures and substituted them into four: 1. Bhumidhar 2. Sirdar 3. Asami 4. Adhivasi

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Adhivasi was the transtional form of land tenure. Adhvasis were to disappear after 5 years from the sphere of land law, from the date of the commencement of the Act. The UPZA&LR (Amendment) Act 1958 added Section 133 A in the UPZA&LR Act, which adds another category viz. "government lesses". But, the rights and liabilities of government lessees shall be governed by the terms and conditions of their lease and not by the provisions of this Act. 7 The UP Land Laws (Amendment) Act, 1977 converted all sirdas into Bhumidhars and the Bhimidhars were divided into two classes, viz (i) Bhumidhar with transferable rights and (ii) Bhumidhar with non-transfrable rights. Asamis were left untouched. Therefore from January 28, 1977, there are three tenure holders in the land law: 1. Bhumidhar with transferable rights. 2. Bhumidhar with non-tranferable rights 3. Asami 1. Bhumidhar with transferable rights: Section 130 of the UPZA&LR Act, provides four classes of such Bhumidhars: a. Every person who became Bhumidhar on the abolition of Zamindari. b. Every person who became sirdas on the abolition of Zamindari and acquired Bhumidhari rights by depositing ten times of the land revenue. c. Every person who was a sirdas immediately before the commencement of the UP Land Laws (Amendment) Act, 1977 and had right to become bhumidhar by depositing ten times of the land revenue. d. Every person who in any other manner acquires the right of bhumidhar with tranferable rights under or in accordance with the provision of this Act. Bhimudhar with transferable rights is the highest type of tenure holder. His interest is permanent, heritable and transferable. 2. Bhumidhar with non-transferable right: Section 131 and Section 131 A of the UPZA&LR Act provide following persons as Bhumidhar with non-transferable rights: 7

Bareact of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950, Reprint edition : 2019

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a. Every person admitted as sirdas of any land under Section 195 before the date of commencement of UP Land Laws (Amendments) Act 1977 or as a bhumidhar with nontransferable rights under the said section on or after the said date. b. Every person who is or has been allotted any land under the provisions of the UP Bhoodan Yojna Act, 1952. c. With effect from July 1, 1981 every person with whom surplus land is or has been settled Section 26 A or sub-section (3) of Section or after the said date. d. In the portion of District Sonbhadra, South of Kaimur Range, every person in cultivator possession of any land, vested in a Gaon Sabhe or belonging to the state government, before June 30, 1978, provided: i. It is not land notified under Section 20 of the Indian Forest Act, 1927. ii. It does not exceed the maximum ceiling area determined under the UP Imposition of Ceiling on Land Holdings Act, 1960 iii. It is not land mentioned under section 132 or section 133 A. e. Every person who in any other manner acquires the right of such a bhumidhar under or in accordance with the provisions of this Act. 8 The UP Zamindari Abolition and Land Reforms (UPZA&LR) (Amendment) Act 1995 inserted section 131 B in the Act. Accordingly every non-transferable rights of bhumidhar who has already completed 10 years or more from the date of allotment of land, the person will obtain transferable right in the land and rest other persons who have got the possession of land later on, shall acquire the bhumidhari and transferable right after the completion of a period of ten years. But, the person who has acquired the bhumidhari transferable right in land by way of sale, shall be further ineligible for the grant of lease of the land vested in Gram Sabha or land declared as surplus in Up Imposition of Ceiling on Land Holding Act, 1960. 3. Asami: The Act provides four classes of persons as Asami. They are as follows: a. Every person who as a consequence of Zamindari abolition became an asami.

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Book on Uttar Pradesh Land Law, by R.R. Maurya, Twenty First Edition 2015.

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b. Every person who is admitted by the Land Management Committee by a bhumidhar as a lessee of land. c. Every person who is admitted by the Land Management Committee or the person entitled, as a lessee of land described in Section 132. d. Every person who in any other manner acquires the rights of an asami under thus Act or any other law.9

6. GAON SABHA AND LAND MANAGEMENT COMMITTEE: There are three institutions in the village which are constituted and established under UP Panchayat Raj Act, 1947. In the year 1994 some amendments were made in UP Panchayat Raj Act which brought changes in the powers, rights and duties of the members of these institutions. These three institutions are: gram sabha, gram panchayat and Land Management Committee (LMC) or the BHumi Prabandhak Samiti. 6.1 GRAM SABHA Section 3 of the Panchayat Raj Act provides for the establishment of the Gram Sabha. It is a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Gram Panchayat. It is to be established by the state governement for a village or a grup of villages. The satate government after the amendment in 1994 estan;osjed the gaon sabha on the minimum population of 1000 voters. The gram sabha is a comrporate body having perpetual succession and common seal. Gram sabha has the power to acquires the property by purchase, gift or otherwise. It can hold, administer and transfer the movable or immovable property. It can enter into a contract, may sue or be sued. Section 117 of UPZA&LR Act provides for the vesting of certain lands, etc. in gram sabha. The section empowers the state government to revest all or any of the things mentioned therein in the gram sabha by delaration through notification in the official Gazette. The state governemnt, thus, revested in the gram sabha the following: 1. Lands (cultivable or not) 9

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2. Forests, situated within the area of gram sabha 3. Trees, other than trees in a holding, or on a boundary of a in a grove, or in the abadi. 4. Fisheries 5. Haats, bazaars and melaas, except those which are vested in the bhumidhar or owners of the buildings or which are vested in the Zila Panchayat under Section 119. 6. Tanks, ponds, private ferries, water channels, pathways and abadi sites. a. Jurisdiction of gram sabha: Gram sabha has jurisdiction over all public prosperities situated within its territorial limits. The state government may entrust in a gram sabha public prosperities which are situated outside the territorial limits of the gram sabha. Such gram sabha or its LMC shall perform, discharge or exercise the functions, duties and powers assigned or imposed or conferred by or under this Act or the UP Panchayat Act. These powers etc. will be subjected to modifications or conditions as may be prescribed. b. Functions, duties and powers: They are twofold: 1. Relating to land and 2. General Powers and duties LMC is responsible for the functions, duties and powers in relation to land etc., whereas the entrustment of general acts other lands are with the gram panchayat which acts on behalf of the gram sabha. There are certain functions which are required to be performed only by gram sabha e.g. to hold meetings twice in each year. Section 11(1) of the Panchayat Raj Act provides that these meetings are to be held soon after the harvesting of the kharif crop and thether soon after the harvesting of rabi crop. The other important function is "to impose the taxes and fees" as mentioned under section 37 of the Panchayat Raj Act. The gram pradhan is required to call

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extraordinary meetings in which development programmes shall be considered along with other things.10 6.2 GRAM PANCHAYAT Gram panchayat is constituted under section 12 of UP Panchayat Raj Act as an executive committee of the gram sabha. The members are elected from amongst the members of gram sabha. Section 11 provides the scale in accordance of which the number of members shall be decided, 30% membership shall be reserved for women. The UP Panchayat Raj Act (Amendment) 1994 provides that government have power to make reservation of office of pradhan and uppradhan as per reservation policy to the SC, ST and OBC. One-third of the total member of offices of pradhan shall be reserved for women. Every person who is residing under the gram sabha and has completed 18 years of ages will be entitled to contest the election of panchayat and may cast his vote. But if any person who desires to contest the election for the post of office bearer shall be deemed ineligible to contest the election of panchayat. It is provided by the UP Panchayat Raj (Amendment) Rules 1996 that at any moment if the members of the panchayat feel that gram pradhan or up-pradhan is not discharging his duties properly, the members exercising their powers under section 14 of the act, a written proposal with reasons, in this regard signed by not less than half of the members shall be presented before District panchayat raj officer, by at least three signed members. The district panchayat raj officer after being satisfied shall fix the date by not later than 30th day for the discussion against the officer bearer in the gram sabha. On the day either the district panchayat raj officer will be present himself or any authorized official will be deputed by him to consider the matter in question and after the discussion of 2 hours, by secret ballot papers voting will be done and thereafter result will be declared. Section 15 and 16 of UP Panchayat Raj Act mentions the functions and duties of gram panchayat, which are summarized as below: 1. Establishing and maintaining primary schools for boys and girls 2. Arranging for the sanitation of the village

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U.P. Land law Notes, of Amit Law Institute

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3. Maternity and child welfares 4. Arranging and regulating the sources of water supply for drinking purposes. 5. Establishment, management and care of common grazing grounds 6. Allotment of places for storing manure 7. Registering births, deaths and marriages and maintenance of other records as prescribed 8. Assisting the development of agriculture, commerce and industry.11

6.3 LAND MANAGEMENT COMMITTEE According to section 28 A of UP Panchayat Raj Act the gaon panchayat of every gaon sabha shall also be LMC to assist it in the discharge of its duties of up-keep, protection and supervision of all property vested in the gaon sabha under section 117 of the UPZA and LR Act, and all other property vested in the or coming into its possession under any other provision of the UPZA and LR Act. The LMC consists of all the members of gaon panchayat, lekhpal of the gaon sabha is the secretary of the LMC, while the secretary of the gaon panchayat is gaon panchayat adhikari, who is an employee of panchayat raj department. The situation is thus the same pradhan of gaon sabha is exofficio pradhan of its gaon panchayat and the chairman of its LMC. a. Functions and Duties: 1. The setting and management of the land 2. The conduct and prosecution of suits and proceedings by or against the gaon sabha 3. The development and improvement of agriculture 4. The preservation, maintenance and development of forests and trees 5. The maintenance and development of abadi sites and village communications 6. The management of haats, bazaars, melaas 7. The development of cottage industries 8. The maintenance and development of fisheries and tanks 9. The consolidation of holdings

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10. Such other matters as may be prescribed.

b. Powers of Land Management Commitee: 1) With the previous approval of asst. collector, the committee can admit any person in land vested in the gaon sabha or coming into its possession under any provision of the law. 2) Where any property of the gaon sabha is damaged or misappropriated, the committee shall inform asst. collector, who will initate proceedings for ejectment and compensation thereof. 3) The chairman, secretary or a member of LMC may make anapplication to the collector for the ejectment from the land of public utility mentioned under section 212 of the UPZA and LR Act.

4) LMC, if empowered by the state government, may collect and realize the land revenue. The committee shall be paid a commission of 6.25% on the land revenue collected and realized by it. 5) Where a bhumidhar with nontransferable rights, being a minor, idiot or lunatic has not used his holding for a purpose connected with agriculture, horticulture or animal husbandry which includes pisiculture and poultry farming for two consecutive fasli years, the LMC may admit on behalf of the said bhumidhar any person as an asami. 6) In some cases, LMC is entitled to take possession over land: a) When a bhumidhar with transferable rights dies heirless and without making a valid will. b) When a bhumidhar with nontransferable rights dies heirless. c) When a bhumidhar with nontransferable rights surrenders his holding or his holding is abandoned. d) When a bhumidhar is ejected from the holding in accordance with the provision of the Act. e) When an asami of the gaon sabha is ejected or dies heirless. 7) LMC may with the previous approval of the Asst. Collector incharge of the sub-division, allot land for purposes of building houses to members of SC, ST, agricultural labourers or village artisans. 18

8) LMC has right to deal with waste land, forests and scattered trees. Section 123A of the UPZA and LR Act provides for the liability of the members of the LMC. Every member shall be liable for the loss, waste or misapplication is a direct consequence of neglect or misconduct of the member of the LMC. A suit for compensation may be instituted against such erring member of the LMC or the gaon sabha with the previous sanction of the collector. 6.4 Gaon fund: Section 132 of the UP Panchayat Raj Act provides for the establishment of a gaon fund for each gaon sabha. All sums received by the gaon sabha, gaon panchayat or the LMC, except damages and compensation money shall be credited to the gaon fund. This fund shall be utilized for carrying out the duties or obligations imposed upon the gaon sabha or the gaon panchayat or the LMC. The fund will be raised from: 1. The proceeds of any tax imposed under UP Panchayat Raj Act. 2. All sums handed over by the state government to the gaon sabha 3. Sums contribution to the gaon fund by the zila parishad or other local authority 4. The sale proceeds of all dust, dirt, dung or refuse collected by the servants of the gram panchayats. 5. Sums received as tehbazari from haats, bazaars and melaas 6. Sums received from the grant of theka to take fist from ponds, tanks and fisheries 7. All sums received by way of loan or gift 8. All other sums as may be assigned to the gaon fund by any special or general order of the state government. The administration of the gaon fund shall be in the hands of the LMC subject to the general control of tahsildar.12

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U.P. Land law Notes, of Amit Law Institute

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6.5 Consolidated gaon fund: It shall be administered and operated by the collector. Every gaon sabha in the district shall pay annually to the consolidated gaon fund as may be fixed by the collector. The fund shall also receive amount of compensation and damages.13

7. LAND REVENUE: Revenue is a tax imposed by the state and is fixed in accordance with some principles incorporated in a statute. Land revenue is a tax on land or its produce paid to the government. The exclusive jurisdiction has been conferred on the revenue courts relating to land revenue. All land held by a person who is or is deemed to be a bhumidhar as such and wherever situate, is liable to the payment of land revenue to the state government except such land as may be exempted whether wholly or partially from such liability by grant of, or contract with the state government . Section 243 provides for the persons who are liable to pay land revenue. It runs thus "all bhumidhars in any holding shall be jointly and severally responsible to the state government for the payment of land revenue for the time being assessed thereon”. That is to say that the liability for the payment of land revenue is not only upon all bhumidhars but also upon all persons succeeding by inheritance, purchase, gift, exchange or otherwise to the interest of such bhumidhars and they shall be responsible of all arrears of land revenue due at the time of their succession.14

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Bareact of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950, Reprint edition : 2019 Book on Uttar Pradesh Land Law, by R.R. Maurya, Twenty First Edition 2015.

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8. CONCLUSION: The above study of the Uttar Pradesh Zamidari Abolition and Land Reforms Act, we can conclude that the Zamindari system in India was the outcome of British rule. Lord Canning was in fact the mind, who created the landlords. The British conquerors created the Zamindari system for reason of expediency and administrative convenience. The Zamindars were, in fact, a convenient reactionary social base for establishing foreign rule over peasantry and people. The Uttar Pradesh Assembly passed a resolution on 8th August, 1946 on the principle of abolition of the zamidari system that was accepted by the assembly. Further the Zamidari Abolition Committee was formed under the chairmanship of Pt. Govind Ballabh Pant. The committee submitted its report in August 1948. On the recommendations of Zamidari Abolition Committee, a bill was drafted named Uttar Pradesh Zamidari Abolition and Land Reforms Act, that was passed after and became the law of the land. Vesting Order: Section 4 of the Act provided that the vesting of the estates was to take place from such date as the State Government might notify in the Gazette. On 1st date of July, 1952 all the estates of intermediaries vested in the State of Uttar Pradesh. This date is called the "date of vesting". The U.P. Zamidari Abolition and Land Reforms Act,1950 (in short UPZALR Act) came into force on January 26, 1951. The UPZALR Act has been divided into two parts. The part one consists with chapters 1 to 6. The part two consists with 6 to 12 chapters, seven schedule and 344 sections. The U.P. Zamidari Abolition and Land Reforms Act,1950 was passed with a view to abolish the British Creation Zamidari System. The name of the act itself suggestions that it was created for abolition of Zamidari System, to reform the law realting to land tenure system and to make provision for other matters connected therewith.

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BIBLIOGRAPHY

The following are some of the sources which helped in the completion of this assignment:Books and Statutes Referred:1. Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950, Reprint edition: 2019 2. Book on Uttar Pradesh Land Law, Twenty First Edition 2015. By R.R. Maurya 3. Uttar Pradesh Local Laws, Published by Universal Law Publisher

Websites Referred:1. Lawctopus.com 2. Legalservices.India 3. Iclg.com 4. Lawyer-monthly.com 5. Blog.ipleaders.in 6. Wikipedia.org 7. indiankanoon.org 8. casemine.com 9. swarb.co.uk 10. iasnext.com 11. lawatoz.com 12. facebook.com

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