YOUR LAW GUIDE AND PATHFINDER

Land Laws
Module -2

Land Reform
Land reform usually refers to redistribution of land from the rich to the poor.
More broadly, it includes regulation of ownership, operation, leasing, sales,
and inheritance of land (indeed, the redistribution of land itself requires legal
changes). In an agrarian economy like India with great scarcity, and an unequal
distribution, of land, coupled with a large mass of the rural population below
the poverty line, there are compelling economic and political arguments for
land reform. Not surprisingly, it received top priority on the policy agenda at
the time of Independence. In the decades following independence India passed
a significant body of land reform legislation. The 1949 Constitution left the
adoption and implementation of land and tenancy reforms to state
governments. This led to a lot of variation in the implementation of these
reforms across states and over time, a fact that has been utilized in empirical
studies trying to understand the causes and effects of land reform.

Land Reforms in India

Pre Independence

 Under the British Raj, the farmers did not have the ownership of the lands
they cultivated, the landlordship of the land lied with the Zamindars, Jagirdars
etc.

 Several important issues confronted the government and stood as a challenge

in front of independent India.

o Land was concentrated in the hands of a few and there was a proliferation of 1

intermediaries who had no vested interest in self-cultivation.

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 Leasing out land was a common practice.

o The tenancy contracts were expropriative in nature and tenant exploitation

was almost everywhere.

o Land records were in extremely bad shape giving rise to a mass of litigation.

o One problem of agriculture was that the land was fragmented into very small
parts l for commercial farming.

 It resulted in inefficient use of soil, capital, and labour in the form of boundary
lands and boundary disputes.

Post Independence

 A committee, under the Chairmanship of J. C. Kumarappan was

appointed to look into the problem of land. The Kumarappa Committee's
report recommended comprehensive agrarian reform measures.

 The Land Reforms of the independent India had four components:

1. The Abolition of the Intermediaries

2. Tenancy Reforms

3. Fixing Ceilings on Landholdings

4. Consolidation of Landholdings.

 These were taken in phases because of the need to establish a political

will for their wider acceptance of these reforms.

Abolition of the Intermediaries

 Abolition of the zamindari system: The first important legislation was

the abolition of the zamindari system, which removed the layer of 2
intermediaries who stood between the cultivators and the state.

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 The reform was relatively the most effective than the other reforms, for
in most areas it succeeded in taking away the superior rights of the
zamindars over the land and weakening their economic and political
power.

o The reform was made to strengthen the actual landholders, the

cultivators.

 Advantages: The abolition of intermediaries made almost 2 crore

tenants the owners of the land they cultivated.

o The abolition of intermediaries has led to the end of a parasite

class. More lands have been brought to government possession
for distribution to landless farmers.

o A considerable area of cultivable waste land and private forests

belonging to the intermediaries has been vested in the State.

o The legal abolition brought the cultivators in direct contact with

the government.

 Disadvantages: However, zamindari abolition did not wipe out

landlordism or the tenancy or sharecropping systems, which continued
in many areas. It only removed the top layer of landlords in the multi-
layered agrarian structure.

o It has led to large-scale eviction. Large-scale eviction, in turn, has given rise
to several problems – social, economic, administrative and legal.

 Issues: While the states of J&K and West Bengal legalised the abolition, in 3
other states, intermediaries were allowed to retain possession of lands under
their personal cultivation without limit being set.

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

o Besides, in some states, the law applied only to tenant interests like sairati
mahals etc. and not to agricultural holdings.

 Therefore, many large intermediaries continued to exist even after the formal
abolition of zamindari.

o It led to large-scale eviction which in turn gave rise to several socio-economic

and administrative problems.

Tenancy Reforms

 After passing the Zamindari Abolition Acts, the next major problem was of
tenancy regulation.

o The rent paid by the tenants during the pre-independence period was
exorbitant; between 35% and 75% of gross produce throughout India.

 Tenancy reforms introduced to regulate rent, provide security of

tenure and confer ownership to tenants.

o With the enactment of legislation (early 1950s) for regulating the rent payable
by the cultivators, fair rent was fixed at 20% to 25% of the gross produce level
in all the states except Punjab, Haryana, Jammu and Kashmir, Tamil Nadu, and
some parts of Andhra Pradesh.

 The reform attempted either to outlaw tenancy altogether or to regulate

rents to give some security to the tenants.

 In West Bengal and Kerala, there was a radical restructuring of the

agrarian structure that gave land rights to the tenants.

 Issues: In most of the states, these laws were never implemented very
effectively. Despite repeated emphasis in the plan documents, some
states could not pass legislation to confer rights of ownership to tenants. 4

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

o Few states in India have completely abolished tenancy while

others states have given clearly spelt out rights to recognized
tenants and sharecroppers.

o Although the reforms reduced the areas under tenancy, they led
to only a small percentage of tenants acquiring ownership rights.

Ceilings on Landholdings

 The third major category of land reform laws were the Land Ceiling
Acts. In simpler terms, the ceilings on landholdings referred to legally
stipulating the maximum size beyond which no individual farmer or
farm household could hold any land. The imposition of such a ceiling
was to deter the concentration of land in the hands of a few.

 In 1942 the Kumarappan Committee recommended the maximum size

of lands a landlord can retain. It was three times the economic holding
i.e. sufficient livelihood for a family.

 By 1961-62, all the state governments had passed the land ceiling acts. But the
ceiling limits varied from state to state. To bring uniformity across states, a
new land ceiling policy was evolved in 1971.

o In 1972, national guidelines were issued with ceiling limits varying from region
to region, depending on the kind of land, its productivity, and other such
factors.

o It was 10-18 acres for best land, 18-27 acres for second class land and for the
rest with 27-54 acres of land with a slightly higher limit in the hill and desert
areas.

 With the help of these reforms, the state was supposed to identify and take
possession of surplus land (above the ceiling limit) held by each household, 5
and redistribute it to landless families and households in other specified
categories, such as SCs and STs.

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 Issues: In most of the states these acts proved to be toothless. There were
many loopholes and other strategies through which most landowners were
able to escape from having their surplus land taken over by the state.

o While some very large estates were broken up, in most cases landowners
managed to divide the land among relatives and others, including servants, in
so-called ‘benami transfers’ – which allowed them to keep control over the
land.

o In some places, some rich farmers actually divorced their wives (but continued
to live with them) in order to avoid the provisions of the Land Ceiling Act,
which allowed a separate share for unmarried women but not for wives.

Consolidation of Landholdings

 Consolidation referred to reorganization/redistribution of fragmented lands

into one plot.

o The growing population and less work opportunities in non- agricultural

sectors, increased pressure on the land, leading to an increasing trend of
fragmentation of the landholdings.

o This fragmentation of land made the irrigation management tasks and

personal supervision of the land plots very difficult.

 This led to the introduction of landholdings consolidation.

o Under this act, If a farmer had a few plots of land in the village, those lands
were consolidated into one bigger piece of land which was done by either
purchasing or exchanging the land.

 Almost all states except Tamil Nadu, Kerala, Manipur, Nagaland, Tripura and
parts of Andhra Pradesh enacted laws for consolidation of Holdings.
6

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 In Punjab and Haryana, there was compulsory consolidation of the lands,

whereas in other states law provided for consolidation on voluntary basis; if
the majority of the landowners agreed.

 Advantages: It prevented the endless subdivision and fragmentation of land

Holdings.

o It saved the time and labour of the farmers spent in irrigating and
cultivating lands at different places.

o The reform also brought down the cost of cultivation and reduced litigation
among farmers as well.

 Result: Due to lack of adequate political and administrative support the

progress made in terms of consolidation of holding was not very satisfactory
except in Punjab, Haryana and western Uttar Pradesh where the task of
consolidation was accomplished.

o However, in these states there was a need for re-consolidation due to

subsequent fragmentation of land under the population pressure.

 Need of re-consolidation: The average holding size in 1970-71 was 2.28

hectares (Ha), which has come down to 1.08 Ha in 2015-16.

 While Nagaland has the largest average farm size, Punjab and Haryana rank
second and third in the list respectively.

o The holdings are much smaller in densely populated states like Bihar, West
Bengal and Kerala.

 The multiple subdivisions across generations have reduced even the sub
divisions to a very small size.

The Bhoodan and Gramdan Movements 7

 Vinoba Bhave, a disciple of Mahatma Gandhi, noticed the problems faced by

the landless harijans in Pochampalli, Telangana.
Magister Law Academy
Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 He led the movements in an attempt to bring about a “non-violent

revolution” in India’s land reforms programme.

o The movements were about urging the landed classes to voluntarily

surrender a part of their land to the landless giving it the name- Bhoodan
Movement.It began in 1951.

 In response to the appeal by Vinoba Bhave, some land owning class agreed to
voluntary donation of their some part of land.

 The Central and State governments had provided the necessary assistance to
Vinoba Bhave.

 Later, the Bhoodan gave way to the Gramdan movement which began in
1952.

o The objective of the Gramdan movement was to persuade landowners and

leaseholders in each village to renounce their land rights and all the lands
would become the property of a village association for an egalitarian
redistribution and joint cultivation.

 Under this movement, a village was declared as Gramdan when at least 75%
of its residents with 51% of the land signified their approval in writing for
Gramdan.

o The first village to come under Gramdan was Magroth, Haripur, Uttar
Pradesh.

Successes of the Movement:

 The movement was the first post independence movement that sought
to bring social transformation through a movement and not through
government legislation.
8
 It created a moral ambience that put pressure on the big landlords.

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 It also stimulated the political activity among the peasants and landless,
providing a fertile ground for political propaganda to organise peasants.

Drawbacks:

 The land donated was mostly those which were unfertile or under litigation as
a result although large areas of land was collected but little was distributed
among the landless.

 Gramdan movement was started in villages where class differentiation had

not emerged, there was little difference in landholdings ownership, mainly in
tribal areas.

o But it was not successful in areas where there was disparity in landholdings.

 Further, the movement failed to realize its revolutionary potential.

Result:

 The movements received widespread political patronage.

o The movements reached their peak around 1969.

o Several state governments passed laws aimed at Gramdan and Bhoodan.

 But after 1969 Gramdan and Bhoodan lost its importance due to the shift
from being a purely voluntary movement to a government supported
programme.

o In 1967, after the withdrawal of Vinoba Bhave from the movement, it lost its
mass base.

Way Forward

 It has now been argued by the NITI Aayog and some sections of industry that
land leasing should be adopted on a large scale to enable landholders with 9

unviable holdings to lease out land for investment, thereby enabling greater
income and employment generation in rural areas.
Magister Law Academy
Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 This cause would be facilitated by the consolidation of landholdings.

 Modern land reforms measures such as land record digitisation must be

accomplished at the earliest.

Conclusion
 The pace of implementation of land reform measures has been slow. The
objective of social justice has, however, been achieved to a considerable
degree.

 Land reform has a great role in the rural agrarian economy that is dominated
by land and agriculture. New and innovative land reform measures should be
adopted with new vigour to eradicate rural poverty.

 Land reform in Kerala

 Due to the ancient land relations and taxation and regulation under the British
Raj, at the time of independence, India inherited a semi-feudal agrarian
system, with ownership of land concentrated in the hands of a few individual
landlords. Since independence, there has been voluntary and state
initiated/mediated land reforms in several states.
 The most notable and successful example of land reforms are in the states
of West Bengal and Kerala.
 The Land Reforms Ordinance was a law in the state of Kerala, India by K. R.
Gowri Amma minister in the first EMS government.
 The EMS government was the first communist state government popularly
elected to power in India, in the southern state of Kerala.
 Soon after taking its oath of office in 1957, the government introduced the
controversial Land Reforms Ordinance, which was later made into an act.
This, along with an Education Bill, raised a massive uproar from the landlord
classes.
10

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 The popular slogan for the radical socialists was "the land for tillers", which
sent shock-waves through the landlord classes in the country. The ordinance
set an absolute ceiling on the amount of land a family could own.
 The tenants and hut dwellers received a claim in the excess land, on which
they had worked for centuries under the feudal system. In addition, the law
ensured fixity of tenure and protection from eviction.
 These ground-breaking measures caused the premature death of the state
government, as the central government, under Jawaharlal Nehru, used article
356 to dismiss it, alleging the breakdown of law and order.
 The land reforms in Kerala imparted drastic changes to the political,
economic and social outlook.
 Different types of feudal relations existed in Travancore-
Cochin and Malabar at the time of the formation of the state. The landless
farmers and those who were evicted from their land wanted to get their
grievances redressed. The clamour for changes gathered strength.
 The government which came to power in 1957 introduced the Land Reforms
Bill in the Legislative Assembly.
 The Agrarian Relations Bill introduced in 1958 was passed with minor
amendments. The legislature passed subsequent land reform bills in 1960,
1963, and 1964.
 But the historical land reform act, Kerala Land Reforms (Amendment) Act,
1969 by C. Achutha Menon government which put an end to the feudal
system and ensured the rights of the tenants on land, came into force on 1
January 1970. However, cash crop plantations had been exempted from its
purview. There have been many amendments to the act since, the latest
having been in 2012.

Main objectives

 To bestow on tenants ownership of a minimum of ten cents of land

11

 To end the old feudal relations by legitimizing the right of real peasants
to own the land they cultivate
Magister Law Academy
Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 To introduce land ceiling and distribute excess land among the landless
agricultural labourers

 To abolish exploitation and inequalities in the agrarian sector

 To ensure the consistent progress and transformation of society

 To achieve economic development and modernisation

 To end the era of feudalism

Impact

 Leasing of land became unlawful.

 The Jenmies who lived by collecting lease became extinct.

 The lease holders were given ownership of the land.

 A few big farmers who had cultivated on the leased lands also became
owners of that land.

 Land owners sold their excess land.

 Hundreds of thousands of people got dwelling places of their own.

 The labour market was enlarged as former serfs entered it.

Abolition of Intermediaries in kerala

There arc a number of intermediary tenures in Kerala viz.

, i). Edavagai estates with a total area of about 1.30 lakh acres;

ii). Pattazhi Devaswom lands comprising an area of about 9,300 acres; iii).
Jenmies in Travancore area covering about 1.56 lakh acres;

iv). Jenmies in Cochin. (The area owned by jenmies is not available. However, 12

the v). area of Cochin itself is about 10 lakh acres),

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

(v) Sreepadam lands belonging to the Palace covering an area of about 14,600
acres;

vi). Sripandaravagai lands belonging to the Padmanabhaswamy temple

covering an area of about 12,629 acres;

vii). Viruthi and service inam lands. The area held under these tenures is not
available;

viii). Oodupally lands comprised in 15 villages and cover an area of about

2,869 acres. (These lands were owned by the Maharaja of Cochin but were
situated in Travancore and Malabar area). In these areas the tenants have yet
to be given proprietary rights;

ix). Thirupuvaram lands. These are ryotwari areas where the patta holder pays
land tax to the government and thiruppu to the Thiruppu holder. This area
comprises 26,813 acres.

The Jenmikaram Payment (Abolition) Act, 1960 was enforced on 23rd

February, 1.961. It abolishes the rights of jenmies on payment of
compensation by the Government to jenmies at rates varying from 4 to 12
times the annual Jenmikaram minus collection charges at 2 per cent and 70
religious or charitable institutions of a public nature are to be paid
compensation annually, in perpetuity, equal to the annual jenmilcaram due
minus collection charges. The tenants (Kudiyans) become full owners and have
to pay an amount equal to 8-1/3 times of the amount of annual jenmikaram
payable in 16 equal half-yearly instalments with interest at 5 per cent. (If he
pays the entire amount in lumpsum, he is entitled to a rebate of 5 per cent).
The amount payable by tenants (Kudiyans) is estimated at about Rs.191 lakhs.
The number of jenmies is about 3,950 out of which 847 are religious and
charitable institutions. The total amount of jenmikaram was about Rs.22.87
lakhs payable by about 2.98 lakh kudiyans. The compensation payable to 13

jenmies is estimated at about Rs.155 lakhs; the compensation payable annually

to religious and charitable institutions is estimated at Rs.4.6 lakhs. However,
Magister Law Academy
Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

compensation claims have been finalised only in 13 cases. The final

compensation has not been paid in any case, only interim compensation
amounting to Rs.13.29 lakhs has been paid so far. Religious and 'Charitable
institutions were paid annuities amounting to about Rs.11.87 lakhs.

Tenancy Reform in kerala

From the point of view of historical development of the land system, Kerala
comprises the following areas: —

(a) Travancore-Cochin areas—In Travancore area evictions had been stayed

under the Holdings (Stay of Execution Proceedings) Act, 1950. In Cochin area
cultivating tenants had been given fixity of tenure under the Cochin
Verumpattomdar's Act and they were not even liable to eviction on the ground
that the landlord required the land for personal cultivation.

(b) The Malabar area which was governed by the Malabar Tenancy Act, 1926;
and

(c) Kasargod taluk of Cannanore district (excluding 33 villages) which was

governed by the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956
and the Madras Cultivating Tenants Protection Act, 1955. 11.

 A comprehensive legislation, viz. the Kerala Agrarian Relations Act was

enacted in 1961. It was, however, struck down by the Supreme Court in
relation to the Kasargod area in December, 1961. The Act was also struck down
by the Kerala High Court in relation to the ryotwari areas of Travancore and
Malabar in 1963.
 An interim legislation was enacted for the protection of tenants. Subsequently,
the Kerala Agrarian Relations Act was repealed and replaced by Kerala Land
Reforms Act. 1963.
 This Act contains comprehensive provisions both for tenancy reform and 14
ceiling on holdings as briefly described in the following paragraphs and had the
effect of unifying 71 the various land systems prevailing in the State.

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

Security of Tenure—
 The Act provides for fixity of tenure for all tenants subject to a limited right of
resumption for personal cultivation or for extension of places of public
worship or the construction of residential buildings.
 The landlords right of resumption for personal cultivation is subject to the
following conditions: —
 (a) A small holder, i.e., a landlord who does not have interest in land
exceeding 8 standard acres (or 24 acres in extent) is entitled to resume
half the area leased to a tenant. The maximum extent of land which a
small holder can so resume including lands already in his possession is not
to exceed 4 standard acres or 4 ordinary acres whichever is greater.
 (b) A medium or large landholder can resume land for personal cultivation
from a tenant only if the tenant holds more than the ceiling area.
 (c) No resumption is permitted from a tenant who has already acquired
fixity of tenure under previous laws; however, if such a tenant wishes to
purchase ownership, the landlord will have the right to resume a limited
area for cultivation.
 (d) Application for resumption was to be made within one year of the
commencement of the Act. (i.e., before 1st April, 1965).
 Where a landlord has resumed land, the tenant will be entitled to restoration
if the landlord fails to cultivate the land within three years of its resumption.
 There is a provision for regulation of surrenders.
 A surrender by a tenant will not be valid unless it is made in writing and is
admitted before the Land Tribunal and registered in the office of the Land
Tribunal.
 The extent of land which can be surrendered to a landlord is restricted to the
area which he could resume under the law.
Ownership for tenants—
 Provision has been made giving the tenants an optional right to purchase
15
ownership on payment of purchase price equal to sixteen times the fair rent

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

plus he value of structures, wells and embankments of a permanent nature

belonging to the owner and half the value of timber belonging to the owner.
 There is also a provision for compulsory transfer of ownership to tenants; the
State Government has the power, by notification, to confer ownership upon
tenants in respect of the non resumable areas.
 The tenants will then become liable to pay the purchase price. A tenant who
already enjoys fixity of tenure and holds the land from a small holder can
exercise the right of purchase only if he agrees that the small holder may
resume half the area held by him, subject to the condition that the total area
in the possession of the small holder shall not be raised above 4 standard
acres or 4 ordinary acres, whichever is greater.
 For acquiring ownership of the remaining portion, the tenant has to pay the
purchase price.

Kudikidappukaran—
 Kudikidappukaran is a person who has no land of his own to erect a
homestead and who has been permitted by his landlord to occupy a portion
of his land for the purpose of erecting a homestead or to occupy a hut
belonging to him.
 The Act provides for security of tenure for such persons. The owner of the
land may, however, shut his Kudikidappukaran to an alternate site (not less
than 3 and not more than 10 cents in area) if the land is required for his own
use etc.
 There is a provision for maintaining a register of kudikidappukars in each
village.
 A large number of applications for registration of kudikidappukars have been
received and it would be desirable to expedite registration by appointment of
special staff.
 The effectiveness of the land reform laws varies sharply from place to place. 16
In areas where the tenants are powerful and have the support of public
workers the provisions for their protection are effectively enforced; in fact,

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

there are areas where it is the landlords who find it difficult to enforce their
rights.
 However, in the villages visited it appeared that there were several cases of
crop-sharing at the rate of half the gross produce or I/3rd of the gross
produce.
 The provisions of the law regarding fair rents were not in some areas known
to the village people; in fact, even the lower revenue officials were in some
cases quite unaware of them.
 For the effective implementation of the land reforms legislation in the State,
28 Land Tribunals have been constituted; 15 from 1st April, 1964 and the rest
from 1st October, 1964.
 The Land Tribunal consists of a single member, who is a judicial officer of the
rank of a District Munsiff, assisted by a small office. For guidance and
supervision of the Land Tribunals, a Land Board consisting of a single member
(First Member, Board of Revenue) has been set up at the headquarters
assisted by a Secretary and other staff.
 It appears that the Land Tribunals have worked well and the supervision
exercised over them by the Land Board has been generally effective.
 It has to be noted that the number of cases instituted so far under the Land
Reforms Act has not been large as compared to the number of cases
instituted under the Agrarian Relations Act. Apart from any political reasons,
this may be partly due to the fact that a large number of cases had already
been tiled and did not need to be repeated and that tenants were unwilling to
come forward to apply under the Land Reforms Act until tae position with
regard to their rights had been settled. Most of the applications by
landowners for resumption of land were received towards the end of the
period of limitation

Ceiling on land holdings

17
 The Kerala Land Reforms Act, 1963 provides for ceiling both on existing
holdings and on future acquisition. The level of ceiling which applies to a

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

family of five members (husband, wife and their unmarried children) is 12

standard acres. A standard acre varies with the class of land in different areas
between ½ and 4 acres). Allowance has been made for larger families
exceeding five members at the rate of one standard acre for each additional
member subject to an upper limit 74 of 20 standard acres. The ceiling limit in
terms of ordinary acres is, however, not to be less than 15 acres or more than
36 acres.
 All voluntary transfers made after 15th September, 1963 otherwise than

(1) by way of partition;

(2) on account of natural love and affection;

(3) in favour of a tenant holding from before 27th July, 1960; and

(4) in favour of a religious, charitable or educational institution

are to be treated as null and void.

 Such transfers made after 18th December, 1957 but before 15th September,
1963 are to be disregarded in computing the surplus land. The surplus land in
such cases shall be taken from the transferer only.
 Exemptions—The following lands have been exempted from the ceiling: —
 (i) lands owned by the State or Central Government or a local authority;
 (ii) lands under the management of court of wards;
 (iii) lands comprised in mills, factories or workshops;
 (iv) private forests;
 (v) plantations (i.e., tea, coffee, cocoa, rubber, cardamom or cinnamon);
 (vi) cashew estates existing at the commencement of the Act with an area of
10 acres or more in one block;
 (vii) pure pepper gardens and pure arecanut gardens of more than 5 acres at
the commencement of the Act;
 (viii) lands mortgaged to the Government or a cooperative society or specified 18

bodies;
 (ix) lands belonging to or held by industrial or Commercial undertaking;
Magister Law Academy
Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131
 YOUR LAW GUIDE AND PATHFINDER

 (x) Kayal padasekharams of Kuttanad area;

 (xi) house sites;
 (xii) culturable waste lands;
 (xiii) sites of temples, churches, mosques etc.;
 (xiv) sites of buildings including ware houses;
 (xv) commercial sites;
 (xvi) lands occupied by educational institutions;
 (xvii) lands owned or held by a University or a religious charitable or
educational institution;
 (xviii) lands vested in Bhoodan Yagna Committee;
 (xix) lands granted to defence personnel for gallantry.

19

Magister Law Academy

Notes by: Aswany Ujwal ( B.A.L, LL.B., LL.M.) TRIPUNITHURA, KERALA, INDIA
www.magisterlawacademy.wordpress.com  [email protected]
 +91 8921 55 8131