DISTRICT ADMINISTRATION

Land Reforms

BRIEF NOTE ON VARIOUS LAND REFORMS ACT.

1. Hyderabad Tenancy and Agricultural Lands Act., 1950.
This Act published in the Gazette Extraordinary N.54 dated the 10th June 1950.
The Aim of this Act is to provide the land to the landless persons who was cultivating the land on the notified date i.e. tenant. The notified dates in different Divisions are different.
The landholders were entitled to produce with only a moral obligation to give work at field so as just to keep them alive. This was the only relation between the landholder and the actual tiller. But on introduction of the Hyderabad Tenancy and Agricultural Lands Act, 1950 it has given opportunities to increase financial resources of the cultivators.
In Aurangabad District there are 3654 tenants.
The aim of this Act.
i. To make certain provisions to better the economic and social status of the tenants.
ii. To impose certain restriction on the transfer of the agricultural land to achieve socialistic pattern of society.
iii. To avoid concentration of land in few lands.
iv. To enable the landholders to prevent excessive sub division of agricultural holding.

The person who was cultivating a particular land on thoka or lease basis taken from landlord was required to be declared as a protected tenant as per Sec. 8 of the Act, on the condition that the tenant shall pay purchase price of the land to the landlord in lumpsum or in equal instalments as specified by the authority.
By this Act the living standard of the poor persons who were cultivating the lands has been improved.

2. MAHARASHTRA AGRICULTURAL LANDS ( CEILING ON HOLDING ACT ) 1961.
This Act has came into force w.e.f. 2nd Oct. 1975. Under this Act, prior to implementation of this Act, the persons were holding lands to the extent of 100 Acres or more. Under this Act the landlord was allowed to keep minimum 54 Acres of land as a family holding and excess land has been distributed U/s. 27 of Act to the landless poor persons, belong to Schedule Caste, Scheduled Tribe, Nomedic Tribe, Vimukta Jati, Backward Class category and ex-servicemen. After implementation of this Act, the distribution programme has been covered under the 20 Point National Programme. By this Act, the Govt. has tried to improve the lively hood of the poor persons, weaker section and as such the social status of such peoples have been increased.

The following criteria for land to be kept with the surplus land holder is as under:
1. Lands under water for whole year. 18 Acres.
2. Lands under Harvesting Season for one
crop with water sources. 27 Acres.
3. Lands getting water by Irrigation scheme
with definite water supply. 36 Acres.
4. Dry lands. 54 Acres.

In Auranbgabd district till 28.2.2005 the Ceiling lands have been dstributed as under:
No.of beneficiaries Hector. Aar.
1. Scheduled Caste category .. 1229 2200.70
2. Scheduled Tribes 187 342.64
3. Backward Class. 1580 2758.21

The main difficulty in implementation of this Act was that in some cases, the landlord used to give the waste land or the land which are not cultivable by the poor persons. So, the Govt. has also made efforts by distribution of Agricultural Equipments and also loan facility for digging wells etc.
The activities under this Act are judicial one and attracts the provisions of I.P.C. 193, 219 and 228.

3. BOMBAY INFERIOR VILLAGE AND WATAN ABOLITION ACT 1958.
This Act has been specially made for the people those who were performing the services for the village peoples which called as " Samast Mahar" and have been designated as Watandar. These lands have been given to such persons by fixing purchase price in equal instalments. As such the Act has protected all the poor persons who were performing their services to the villagers and by which their economical conditions have been developed to some extent. In some cases, the landlord persons have encroached the lands or has been purchased the same lands on a very low price and thus, there is provisions made in this Act to return back the possession of such lands to the Watandar or his heirs.
In some cases even after continuous cultivation of the land, the persons were does not knowing because of illiteracy that their names have been entered into the 7x12 Extract and they are the owners of the land. After lapse of several years, his heirs, came to know that he is the owner of the land and then he approach to the proper authority for restoration of such lands.
The activities under this Act are judicial one and attracts the provisions of I.P.C. 193, 219 and 228.

4. Hyderabad Abolition of Inams and Cash Grants Act. 1954.
This Act has been came into force w.e.f. 20th July, 1955.
The aim of this act is to provide for the aboltiion of inams and cash grants with certain exceptions in the Hyderabad State .
In this act the persons who were in possession of the Inam land( Madatmash) and cultivating the lands as on 1.7.1960 were declared as a tenant as per the provisions of Sec. 38 of the Tenancy Act and the ownership U/s. 6(1) of this Act have been conferred on such persons.
The main aim of this Act was also to made Khalsa/ Abolish the Inams and to award the ownership to the persons who were cultivating the lands.
The activities under this Act are judicial one and attracts the provisions of I.P.C. 193, 219 and 228.

5. Bombay Fragmentation and Consolidation Act.
This Act has been formed just to prevent the persons who have been granted the lands by the Govt. or who were holding the lands in their personal capacity. In earlier days, the persons were cultivating the land in Acres i.e. minimum 40 R and for personal difficulties, some people required to sale out their own land with a peace i.e. by making plots of small sizes and thereofre, to prevent this the Act has been implemented.
The activities under this Act are judicial one and attracts the provisions of I.P.C. 193, 219 and 228.

6. Maharashtra Restoration of Lands to the Scheduled Tribes Act ,1974.
This Act has been implemented to prevent the interest and to improve the living Standard of the Scheduled Tribes peoples who were cultivating the lands on the specified dates. The persons being basically economically poor there were much chances of the landlord peoples who have by using their muscle powers have taken the lands which were in possession of these persons. Hence, the lands that has been taken by the landlord persons by force have been restored to such tribals under this Act.
In Aurangabad District under this Act there were 92 Cases pending for restoration of land to such persons and that have been decided.

Land Reform branch deals with following acts

Some important provision and its procedure The work of this branch is looked after by the Deputy Collector (Land Reform) and the judicial activities are being undertaken as per the following Acts.
1	Hydrabad Tenancy and Agricultural Lands Act, 1950
		As per the provision of this Act the relationship of land owner and tenant is to be ascertained and decided. So also Under Sec. 90, 98 and 50-B of this Act, the litigations are also decided by giving full opportunities to both the parties as per the rules. The appellate authority under this act is Hon'ble Maharashtra Revenue Tribunal, Mumbai bench at Aurangabad.
2	Maharashtra Agricultural Lands (Ceiling on Holding) Act, 1961
		The amendment in this Act came into force w.e.f 2.10.1975. As per the provisions of this act the following activities are being done.
	i	Distribution of lands to landless labors, backward class community people, ex-serviceman etc.
	ii	To decide the ceiling limit of a family holding.
	iii	To declare the landholder as a surplus land holder by considering the family holding.
	iv	To take the land under Govt. supervision and then distribute to the eligible persons.
		For Aurangabad district the area of one family holding in irrigated land is 18 to 36 acres and for dry land under the crop of rice is 36 acres and for all other type of lands the ceiling area is fixed as 54 Acres. There are 2988 beneficiaries in Aurangabad district and an area of 5290 Hectors is distributed to them.
		The appellate authority under this act is Hon'ble Mharashtra Revenue Tribunal, Mumbai bench at Aurangabad.
3	Hyderabad Abolition of Inamas and Cash Grants Act. 1954
		Under this Act the question in respect of grant of occupancy price and ownership as per Sec. 6(1) is to be decided. So also, the nature of Inam as per Sec. 2(1) Is also decided. As per Sec. 6(3), the cases for alienation of the lands under this act are to be entertained and by giving opportunity of being heard, the cases are to be decided.
		The appellate authority under this act is Hon'ble Revenue Minister Govt. of Maharashtra, Mantralaya, Mumbai.
4	Bombay Inferion Village and Abolition of Watan Act., 1958
		As per the provisions of this act, the litigations lands covered under this act are to be entertained as per the Sec.9. As per Sec. 5(3) the cases for transfer of such lands to other persons are to be decided.
		The appellate authority under this act is Hon'ble Revenue Minister, Govt. of Maharashtra, Mantralaya, Mumbai.
5	Hyderabad Houses (Rent, Lease and Eviction) Control Act., 1954
		The Dy. Collector (Land Reform) is designed as a Additional Rent Controller for Aurangabad District. As per Sec. 15 of this Act, the cases for eviction are decided by following due procedure of law as per Civil Procedure Code, 1908.
		All the above acts area under the preview of Indian Penal Code Sec. 193, 219 and 228 and under the meaning of this sections, the activities area to be treated as a judicial one.
		The appellate authority under this act is Hon,ble District Judge, Aurangabad.