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Land Tribunals in Land Reform Legislation Kerala and Bombay
G A Rao IN th i s paper an a t t e m p t is made
at a compara t ive s tudy of the Bombay Tenancy a n d A g r i c u l t u r a l Lands A c t and the K e r a l a A g r a r i a n Rela t ions B i l l . The B o m b a y A c t is w ide ly accepted as the most progressive enactment In the f ield o f l a n d r e f o r m legis la t ion i n the country . The K e r a l a B i l l i n some respects improves on the B o m b a y A c t , i n t h a t i t a t tempts t o avo id the defects of the l a t t e r . Th i s paper assumes t h a t the acceptance of the pr inciple o f ' L a n d to the T i l l e r , the l a n d pol icy in the Plans, a n d the Di rec t ive Principles of State Po l i cy stated in the Cons t i tu t ion are closed questions a n d does not "go into the v a l i d i t y of these. N o r does i t go i n t o the economic and social consequences o f l a n d r e f o r m . I t goes o n l y i n t o the admin i s t r a t i ve impl ica t ions of such legis la t ion and the var ious r igh t s a n d duties of the l and lo rd and the tenant consequent on the legis la t ion coming i n t o force. More p a r t i c u l a r l y i t makes a s tudy o f the powers and funct ions o f L a n d Tr ibuna l s a n d how f a r they are suited to put. such enactments in to force. B o t h the B o m b a y Tenancy a n d A g r i c u l t u r a l Lands A c t and the K e r a l a A g r a r i a n Relat ions B i l l provide fo r such bodies w h i c h are the common ground fo r a compara t ive study.
Courts or Tribunals? The problem o f l a n d r e f o r m ad
m i n i s t r a t i o n f ina l ly boils d o w n to t h a t o f se t t ing up efficient l a n d t r i bunals, Prejudice agains t such bodies is common because l aymen w i t h o u t legal t r a i n i n g preside over t hem and use the power given to them, in w h a t appears to some, in an a r b i t r a r y manner . Fa i lu re to hear b o t h sides, p r iva te consultat ions, pol icy outside statute, facts determined independently of pol icy are some of the most common compla in ts made agains t admin i s t ra t i ve t r ibuna l s . V e r y of ten these bodies are empowered to m a k e f inal decisions a l l on t he i r own , w i t h i n the i r sphere. Th i s has the effect of r e s t r i c t i n g the j u r i sd i c t i on of C i v i l Courts in respect of these mat te rs . Absence of ar rangements to review decisions, the concentra t ion of power in these bodies a n d the absence of
appellate author i t ies are other sources of anxie ty .
The l a w sui t me thod of adjudicat i o n in a C i v i l Cour t w h i c h i s the o ther a l te rna t ive i s no t w i t h o u t defects either. I nd iv idua l s are i n cl ined to put up w i t h sma l l injustices r a the r t h a n take a s tand agains t the Government . The expense i n vo lved in ge t t i ng just ice t h r o u g h C i v i l Courts m a y compel a m a n w i t h o u t resources to pu t up w i t h in-just ice. The landlords on the other hand , w i t h the i r la rge f inanc ia l resources and permanent connections w i t h clever lawyers , have h a d the t r a d i t i o n of explo i t ing the less fo r tunate tenants a n d l eav ing l i t t l e chance fo r the tenants to get the i r grievances redressed, or of s lowing d o w n th i s process considerably.
I n v iew o f a l l th i s , instead o f condemning the system of admin i s t ra t ive t r ibunals , i t w o u l d be wise to see whether it w o u l d be possible, by means of checks and balances, to derive the best f r o m such bodies w i t h o u t h a v i n g the i r disadvantages Th i s w o u l d involve an adjustment between the a u t h o r i t y of the State and the r igh t s of the people. The admin i s t r a t ive t r i b u n a l should therefore not only be efficient in the exercise of i t s powers bu t i t should also satisfy the general body of citizens by m a k i n g a compromise between the public interests i t protects a n d the p r iva te interests i t dis-turbs . I t has to be proved t h a t the public servant w h o rides rough shod over i nd iv idua l objections does no t lose s ight of the public we l l -being. A safe-guard agains t the misuse of powers could t ake the shape of g i v i n g reasonable appellate powers w i t h i n we l l defined l i m i t s to prevent gross miscarr iage of just ice. The danger of h a v i n g un t r a ined officers presiding over the t r ibuna l s can be avoided by devis ing a r e l i able method of r e c r u i t i n g personnel.
The Powers of the Tribunals
The topic of l a n d t r ibuna l s is v i t a l to th is discussion because both the B o m b a y a n d K e r a l a enactments depend on them f o r the i r efficiency f o r the proper a d m i n i s t r a t i o n env i saged therein, the purpose being to establish w h a t a m o u n t o f concentra
t i o n of power is necessary to enable t hem to p lay the i r assigned role
W h e n the K e r a l a A g r a r i a n Relat ions B i l l comes i n t o force the l a n d t r i b u n a l w i l l have the f o l l o w i n g powers:
I . T o determine the purchase price of the land.
I I . T o determine the value o f the site of the dwe l l i ng house,
III . To decide disputes a r i s i n g out of the tenants purchase of l and .
I V . A n y other du ty w h i c h m a y be prescribed by the Government .
I n the o r ig ina l B i l l t h e L a n d T r i b u na l was to consist of on ly one m e m ber, bu t an amendment has been in t roduced d u r i n g discussion of the B i l l i n the State Assembly w h i c h seeks to have three members to const i tute the T r i b u n a l , one of w h o m is to be nomina ted by the Government f r o m among advocates w i t h not less than three years s t and ing at the bar or f rom among persons who had been or are j u d i c i a l or revenue officers. This officer is to preside over the T r i b u n a l . The o ther t w o members are to be elected f r o m among the members of the local author i t ies o f the area f o r w h i c h the T r i b u n a l has been const i tu ted. The functions o f the L a n d T r i b u n a l could be exercised by a l l the three members. I f there i s any difference of opinion when a l l the three mem-bers are present, the decision of the m a j o r i t y i s to prevai l . Where however in the absence of one member there is a difference of opin ion between the other two . the member who is absent w i l l a t the next meet-i n g decide the issue on his own . The decisions of the L a n d Tr ibuna l s are subject to appeal to the D i s t r i c t Judge who is to act as persona de-s ignata and his decision in the m a t -ter is final.
Land Board The B i l l also provides fo r a L a n d
B o a r d for the whole of the State, w h i c h is to consist of a member of the B o a r d of Revenue and t w o officers o f the Government. I t has f u l l powers of a C i v i l Cour t as specified in the Code o f C i v i l Procedure in ma t t e r s concerning the s u m m o n i n g of witnesses on oath , r equ i r i ng the
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THE ECONOMIC WEEKLY June 20 1959
produc t ion of documents, receiving evidence on aff idavits , issuing commissions fo r the examina t ion of w i t nesses and any o ther m a t t e r t h a t m a y be prescribed. (The C i v i l Courts have also s u m m a r y j u r i sd i c t i on over rent suits i n i t i a t e d by the l a n d lords where the amount invo lved does not exceed Rs 200/-, The decision of the Munsi f , w h o is to handle the w o r k , is final.)
In Bombay The Bombay A c t provides fo r
s i m i l a r L a n d T r ibuna l s w i t h the same powers consis t ing of three or more members one of w h o m must be a person ho ld ing a j ud i c i a l post not lower in status to t h a t of a C i v i l judge under the Bombay C i v i l Courts ' A c t , or any person who is qual if ied to pract ice in the Courts o f the Bombay State. The M a m -la tda r w o r k s on the same level as the L a n d Tr ibuna l s , This i s an office u n k n o w n to the Kera la B i l l . I m m e d i a t e l y above h i m , there is the Col lector w h o has the powers to w i t h d r a w proceedings f r o m one M a m a l a t d a r and al locate t h e m to another. Where the l a n d l o r d possesses lands in the ju r i sd i c t ion of m a n y M a m l a t d a r s in the same dist r i c t , the dispute w i l l have to be decided by the Collector. In cases where the other pieces of l and belong ing to the same l and lo rd are in different d is t r ic ts , the dispute w i l l have to be dealt w i t h by the D iv i s iona l Officer. I f the other plots of l a n d belonging to the same l a n d l o r d are s i tuated in different divisions, the appeal lies at the State Government , The f inal appellate a u t h o r i t y in the Bombay system is the B o m b a y Revenue T r i b u n a l , w h i c h is to func t ion l i ke a C i v i l Cour t .
The most s t r i k i n g difference between the t w o sets of t r ibuna l s in the enactments is the difference in the appellate powers g iven to the h igher author i t ies . I n B o m b a y there is a h i e ra rchy of appellate au tho r i ties s t a r t i n g f r o m the M a m a l n t d a r and the L a n d T r i b u n a l a t the lowest level a n d go ing up to the Col lector, the D i v i s i o n a l Officer and tbe State Revenue T r i b u n a l h igher nn . B u t a t no stage do the C i v i l Courts come i n t o the picture . A l l appellate au thor i t ies are Part of the Revenue Depar tment . The K e r a l a B i l l , be cause of i ts l i m i t e d appellate authori t ies, i s bet ter suited a n d the L a n d Tr ibuna l s of tha t system w i l l be able to come to correct decisions and w i l l resul t in better implement a t i o n of the land l eg i s l a t ion .
Fixity of Tenure To safeguard the interests of
tenants the K e r a l a B i l l provides fo r the payment of so la t ium by the l and lo rd to the tenant f r o m w h o m the l andho ld ing is resumed. Th is amoun t has been f ixed at an amount equal to one year's ren t where the t enan t is not ent i t led to compensat i o n for the improvements made. There is no such provis ion made in the Bombay A c t .
A special clause for the tenants under small-holders in the M a l a b a r area, as suggested by the Select Commit tee , enables a tenant, if he chooses, to purchase the entire land compr i s ing the ho ld ing by pay ing a sum equal to 12 t imes the rent to the smallholders.
The Ke ra l a B i l l fixes definite l i m i t s to the r igh t s of resumpt ion. The exercise of th is r i g h t should no t result in reducing the l a n d in possession of the tenant to less t h a n one acre of double crop l a n d or i t s equivalent . If the l and is to be resumed fo r bu i ld ing purposes, the l and lo rd can resume only 20 cents if the tenant f r o m w h o m it is resumed has less t h a n one acre of land. '
I n Bombay, p r io r t o the Bombay Tenancy and A g r i c u l t u r a l Lands A c t 1957, the l and lo rd could resume l a n d for personal c u l t i v a t i o n w i t h o u t any res t r ic t ion . Th i s h a d the effect of v i t i a t i n g the aims w i t h w h i c h the l and r e fo rm legis la t ion was undertaken . The amending A c t of 1957 ensures tha t whi le the l a n d l o r d has a r i g h t to resume lands f o r personal cu l t i va t ion , a l i m i t to this r i g h t is f ixed at 48 acres of d r y l a n d or 24 acres of seasonally i r r i g a t e d l and a n d 12 acres of perenial ly i r r i g a t e d l and .
F a i r Rent The K e r a l a B i l l simplifies the
process of f ix ing ren t by l a y i n g down a schedule of rates, T h i s w i l l help the T r ibuna l s to come to qu ick and correct decisions. By an amendment accepted d u r i n g the discussion of the B i l l i n the State Assembly, i t has been provided t h a t the schedule of f a i r rents f ixed by the Government should receive legis la t ive sanction before i t is applied. Th i s is a good legislat ive check on the misuse of power by the executive.
The Bombay A c t is vague on this point . I t merely prescribes the m a x i m u m and the m i n i m u m l i m i t s w i t h i n w h i c h fa i r rent should v a r y and states tha t the rent should nd t be more than five t imes the assessment payable in respect of t h a t l and or at the rate of t w e n t y rupees an acre whichever is less and sha l l not in any case be leas t h a n twice the assessment. The t r i b u n a l has to go in to the mer i t s of each case and f ix the f a i r rent .
Small Holders To prevent the provisions of the
Kera l a B i l l go ing against the in terests of small-holders, a special p rovis ion has been made. The B i l l defines a small-holder as one w h o neither as owner nor as permanent tenant holds a t o t a l area of l a n d exceeding five acres in extent Of double crop land, leased or ren ted out in respect of such ho ld ing . A n y small -holder can apply to the L a n d T r i b u n a l for the de te rmina t ion o f the extent of l and t h a t m a y be purchased by the tenant f r o m the sma l l holder and the compensation t h a t w i l l have to be paid fo r i t . In m a k i n g these decisions, the L a n d
807
T r i b u n a l w i l l have t o t ake i n to considerat ion the re la t ive economic posi t ion of the parties, the absence of o ther means of l ive l ihood of the small-holder, the labour a n d capi ta l spent by each p a r t y to the dispute fo r Improvements on the l a n d and then come to an equitable sett lement. In cases where the tenant of the sma l l holder has as owner or as permanent t enan t more l a n d t h a n the s m a l l l a n d holder the l a n d t r i bunal has the power to a l low the sma l l holder to resume the ent i re ho ld ing . By an amendment i n t r o duced when the B i l l was being discussed in the State Assembly, the tenant is required to surrender one h a l f of his ho ld ing to the smal l holder and r e t a i n the other h a l f for himself, where there is an agreement between t h e m to t h a t effect.
The Select Commit tee has suggested t h a t the r i g h t of the permanent tenants to resume l and held by t h e m should be extended to a l l tenants except those h o l d i n g under small-holders and landlords who are ent i t led to resume l and fo r self-c u l t i v a t i o n . I n addi t ion , the Commit tee has suggested t h a t 25 per cent of the excess l a n d must be g iven t o smal l holders w h o a r e n o t en t i t l ed to receive any land, a n d the r e m a i n i n g 25 per cent to cu l t iva tors who do not possess any l a n d or whose ho ld ing is less t h a n 5 acres of double crop l and . The purchase price of such l and should be 55 per cent of the m a r k e t value payable in 16 equal ins ta lments . Tenants under sma l l holders are ei ther to surrender to the holder one h a l f of the l a n d cu l t iva ted by t h e m or cont inue as t enan t in respect of the ent i re ho ld ing . The B o m b a y A c t makes no provis ion to safeguard the interests of small-holders.
Purchase Price
The K e r a l a B i l l gives i n de ta i l the me thod by w h i c h the f a i r price is to be Axed by the t r i b u n a l on the basis o f f a i r rents s ta ted in Schedule I , I n the o r i g i n a l B i l l , the f a i r price was to be 16 t imes the rent calculated in the schedule, This has been brought down by the Select Commit tee to 12 t imes the rent . Where ren t has no t been f ixed according to th is suggestion, r en t f ixed by custom a n d usage, agreemen t a n d decree of cour t or w h i c h ever is less, is to b e t h e deciding factor .
As opposed to this , the Bombay A c t prescribes the l i m i t s between w h i c h the f a i r price should va ry .
These l i m i t s are f ixed at 20 t imes to 200 t imes the assessment plus the value of embankments and permanent s tructures. Be ing lef t w i t h a less definite test f o r fixing f a i r price, the B o m b a y Tr ibuna l s w i l l have to spend more t i m e f ixing the purchase price.
Compensation I n the K e r a l a A g r a r i a n Relat ions
B i l l the L a n d B o a r d i s to f ix the compensation when the l a n d is subject to encumbrance. Th i s B o a r d w i l l have to al locate l a n d between the t w o por t ions in propor t ion to the value o f t h e e n c u m brances to the t w o port ions of the property—these being the l a n d acquired and the rest. W h e n f ix ing the compensation of l a n d w h i c h has an encumbrance, the factors to be t aken i n t o considerat ion are the value of the l and af te r the provis ion of the improvement , the cond i t ion of the ameni ty when the l and is surrendered, the capi ta l a n d labour invo lved in p r o v i d i n g the f ac i l i t y a n d the reduct ion of ren t a l lowed by the l a n d l o r d in v i e w of the i m provement. Genera l ly the compensation is to be fixed by the compensation officer. He has also the d u t y of p repar ing the compensa t ion ro l l s .
The Select Commit tee on the K e r a l a B i l l has l i n k e d up the compensation fo r lands in excess of the cei l ing area f i xed , w i t h the m a r k e t value. I t has recommended tha t payment of 60 per cent of the first Rs 15,000 of the t o t a l m a r k e t value a n d a progressive reduct ion of 5 per cent of every succeeding u n i t of Rs 1 5 , 0 0 0 o f the m a r k e t value .
I n the Bombay Ac t , the d u t y o f se rv ing notices a n d copies of the compensation ro l l s has been a l io-cated to the M a m l a t d a r w h o i s a l ready burdened w i t h o ther duties. Appo in tmen t of special officers fo r th i s purpose, as envisaged in the K e r a l a B i l l , i s better.
Ceilings Or ig ina l l y the K e r a l a Bi l I h a d a
Peasants' D a y on the lines of the T i l l e r s ' D a y i n the B o m b a y A c t , B u t now th is has been g i v e n up. On a specified day w h e n the B i l l is to come i n t o force a l l t i t l e , r i g h t , and interest of the l andowner a n d the in termediar ies over lands held by protected tenants sha l l vest in Government . Such i n t e rmed ia ry and c u l t i v a t i n g tenan t o f the lands w i l l be en t i t l ed to ass ignment of r i g h t , t i t l e a n d interest o n l a n d vested i n
Government on t h e i r app l i ca t ion t o Government , Th i s sys tem w i l l g ive rise to new admin i s t r a t i ve problems, consequent on the need to redis t r ibute land .
The danger of landlords ev ic t ing tenants when the B i l l is on the le-g is la t ive a n v i l has been prevented in the K e r a l a B i l l by the G o v e r n -ment passing an Ordinance to pre-vent such al ienat ions. Th i s was fo l lowed by the Stay of E v i c t i o n A c t w h i c h had the effect -of protec t ing the interests of tenants w h o h a d cu l t iva ted the l and d u r i n g the previous season.
The ceilings f ixed by the K e r a l a B i l l have undergone a m i n o r change because of a change in the def in i t ion o f the f a m i l y . N o w the f a m i l y has been defined as "husband and w i f e and the i r m i n o r ch i ld ren" instead of "husband, w i f e and u n m a r r i e d sons and daughters ' ' a s defined in t h e o r i g i n a l B i l l . The cei l ing area i s f ixed in r e l a t i o n to an adul t u n m a r r i e d person. T h u s a f a m i l y consist ing of a husband, wife and minor ch i ld ren number ing more t han five w i l l get 15 acres o f l and or i ts equivalent and in the case of an adul t u n m a r r i e d person, 7 ½ a c r e s o f double crop l a n d o r i t s equivalent. I n the K e r a l a B i l l ceilings apply to a l l landlords w h o h o l d l and in excess of the cei l ing fixed.
As opposed to this , in the B o m b a y A c t the res t r i c t ion applies o n l y to l and under his personal c u l t i v a t i o n . The provisions of the A c t come in to force on the T i l l e r s ' Day . In B o m b a y landlords forced the te -nants to s ign agreements to share crops w i t h the landlords . T h i s resulted in the ve ry aims of the Act being f rus t ra ted . T h i s i r r e g u l a r i t y has been remedied by the A m e n d ment A c t by w h i c h such agreements entered i n to a f te r the 18th Decem-ber 1957 were declared v o i d . S i m i l a r l y a l l t ransfers o ther t h a n f o r valuable considerat ion by persons h a v i n g more t h a n the ce i l ing area af ter the 1 1 t h of A p r i l 1957 were declared vo id . T h e purpose of these provisions were to m a i n t a i n the status quo as in A p r i l 1957,
I n B o m b a y t ransfers made a f te r the appointed day, i e, 15th June 1955 a n d before the commencement of the A m e n d m e n t were declared i n v a l i d . T h i s measure h a d the same in tent ion as the S tay of E v i c t i o n A c t 1957 in Ke ra l a , viz, t o prevent v o l u n t a r y t ransfers w i t h a v i e w to evade the l a n d r e f o r m
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June 20, 1959 THE ECONOMIC WEEKLY
legislation. But the Ordinance f o l lowed by an Act, as was done in Kerala , is better suited for the purpose.
Conclusions The Kerala Agrar ian Relations
B i l l promises to be a pioneer in land reform legislation. The more important points on which it has improved on the Bombay Tenancy and Agr icul tura l Lands Act can be summarised as follows :
I . Al though both enactments have provided for Land Tribunals, the concentration of power in them by providing for l imited appellate powers is an improvement on the Bombay system which has a hierarchy of appellate authorities. In Kerala, the Tribunals are independent of the Revenue Department. The set up in Kerala is better suited for the purpose since it can come to quick and correct decisions.
I I . The Kerala B i l l provides for the payment of solatium to the tenant by the landlord. The Bombay Ac t has no such provision.
I I I . The Kerala B i l l simplifies the process of fixing fai r rents by lay
ing down a schedule of rates. The Bombay Act is vague, since It sets down only the maximum and the minimum l imits w i th in which fair rents should vary.
I V . The Kerala B i l l has provision to safeguard the interests of smallholders. The Bombay Act has none.
V. The Kerala B i l l gives in detail how the purchase is to be fixed. The Bombay Act only indicates the upper and the lower l imits .
V I . The Kerala B i l l has provided for the appointment of Special Compensation Officers. They would have to serve notices and prepare compensation rolls. In the Bombay Act. this duty is cast on Mam-latdars who are already burdened wi th other duties.
V I I . The Kerala B i l l vests the right, t i t le and interest of the landowner and the intermediaries over lands held by protected tenants in Government which is to reassign the land. In the Bombay Act, there is a day called the Tillers Day when permanent tenants are deemed to own land which they can hold upto the ceiling l imits .
Indian Mangoes in U K
T H E popularity o f the mango i s believed to be increasing in B r i
tain, but the supply is s t i l l very l imited. In London, mangoas are sold by a few specialised f ru i t shops under the classification 'exotic fruits ' along w i t h litchis, avocadoes, Cape gooseberries, and kumquats. The price is roughly a shi l l ing for every anna they cost in India.
Officials of A i r - I n d i a International, who are freighting about 50 dozen baskets to London by each daily flight, say that most of the f ru i t was consigned to Br i t i sh residents w i t h connexions in Ind ia or sent to Ind ian students in the United Kingdom by their families at home
London fruiterers would l ike to expand the market but, because of the highly perishable nature of the frui t , there is too much r isk involved. B r i t a i n imported small quantities of mangoes from Afr ica and Central America, but the Indian variety is definitely the most popular.
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