Professional Documents
Culture Documents
afternoon of the 21st January 1958. Continued to hold the above office during the
The Ministry consisting of the following members, who were worn on the
forenoon of the 13th April 1957, under the leadership of Sri K. Kamaraj, contained
Sri K. Kamaraj.
Sri M. Bhaktavatsalam.
Sri C. Subramaniam.
Sri M. A. Manickavelu.
Sri R. Venkataraman.
Sri P. Kakkan.
Sri V. Ramaiah.
Minister for Industries were away on foreign tours during certain periods of the
calendar year 1961 1. Sri C. Subramaniam, Minister for Finance left Madras on the
9th June 1961 in connection with his visit to the U.S.A., U.S.S.R., Canada, Japan
1
Madras State Administration Report, Madras 1960-62, p. 7.
128
and Malaya and returned to Madras on the 10th August 1961. Sri R. Venkataraman,
Minister for Industries left Madras on the 18th September 1961 for New York to
attend the United Nations General Assembly and returned to Madras on the 12th
December 1961. During the periods of their absence, the subjects allotted to them
The Tamil Nadu Land Reforms (Fixation of Ceiling of Land) Act 1960
This Act came into force with effect from 6 April 1960. In the beginning
ceiling area for a family of five members was fixed at 30 standard areas with an
allowance of five standard acres for each additional member in the family, subject
to overall ceiling area of 60 standard acres. Subsequently, the ceiling was reduced
to 15 standard acres per family of five members were allowed to hold 10 standard
acres per family of five members were allowed to hold 10 standard acres as
Sridhana if they held such lands on the date of commencement of the Act.
The lands found to be in excess of the ceiling area are acquired as surplus
by Government, after following the procedure prescribed by the Tamil Nadu Land
Reforms (FCL) Act, 1961, as amended. The surplus lands are being distributed
contained in the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules,
1965, as amended.
handed over to the Tamil Nadu State Co-operative Farms Corporation Limited and
an extent of 9,976 acres has been reserved under rule 13 of the Tamil Nadu
In the District of Kanya Kumari alone, an extent of 409 acres of land was
land has been assigned to 244 eligible persons. Out of the above extent, an extent
of 75 acres has been assigned to 47 persons belonging to scheduled castes and the
remaining extent of 224 acres has been assigned to 197 persons belonging to other
categories.
land in Tamil Nadu State for 1986-87. Up to31 October 1986, an extent of 1,161
acres had been assigned. An extent of 10 acres was fixed as target of Kanya
Kumari District for the year 1986-87 and towards this target, an extent of eight
Fair Rent) Act, 1956 and the Tamil Nadu Public Trusts (Regulation of
Administration of Agricultural Lands) Act, 1961, the fair rent payable by the
Cultivating tenant to the land-holder varied from 33 1/3 per cent (of the normal
gross produce of lands other than wet lands) to 40 per cent (of the normal gross
produce for wet lands). National Policy is that the fair rent due to the land holder
from the tenants should be fixed so as not to exceed 25 per cent of the gross
3
Fourth Report of Land Revenue Reform Committee, Government of Madras, Madras, 1950, p. 3.
130
produce. The Tamil Nadu Cultivating Tenants (Payments of Fair Rent)
Amendment Act, 1980 (Tamil Nadu Act 17 of 1980) and the Tamil Nadu Act 18 of
1980) have been enacted for reducing the fair rent to 25 per cent of the normal
gross produce. The exemption from the fair law earlier applicable to sugarcane has
By the Tamil Nadu Act 4 of 1946, the provisions of the Tamil Nadu
Cultivating Tenants (Payment of Fair Rent) Act, 1956 have been extended to
directed by the Assistant Commissioner concerned to lease out the lands to eligible
trusts are to be leased out to bonafide persons. Under section 52 (1) of the Act,
The fair rent payable by the tenants is similar to that laid down under the
Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956, which in all
1961, (Act XXVIII of 1961): This Act protects the interests of persons occupying
4
Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961,
Act 57/61.
5
Compiled from the Report on the First Five Year Plan, 1953, pp. 199-200.
131
Kudiyiruppu except in accordance with provisions of the Act. The life of the Act
was three years in the beginning. It was extended from time to time. Government
then decided to re-enact this Act with retrospective effect from 29 November 1973
This Act provides that no cultivating Tenant shall be evicted from his
holdings except for non-payment of rent, doing any act injuries to the land and
failure to cultivate the crops. Earlier, disputes under this Act were settled by
their multifarious functions. These functions are now being carried out by eleven
for this purpose. By Tamil Nadu Act 4/76, the provisions of the Tamil Nadu
Cultivating Tenants Protection Act, 1955 have been extended to Kanya Kumari
District 6.
There are two main aspects of ceilings: (i) Ceiling on future acquisition,
and (ii) Ceiling on existing holdings. The first Plan had suggested the adoption of
‘Family holding’ 7. The second Plan asked the Government to define ‘Family
The Ceiling Acts of 1961 and 1970, together with amendments constitute
the basis land reform of the State. The Act covered the whole of Madras State
except the hill areas. The State was divided into 13 Zones in 1962 for the
6
Madras State Administration Report, Government of Madras, Madras 1955-1956, p. 177.
7
N. Raja Lakshmi, Tamil Nadu Economy, Business Publications incorporated, Madras, 1999, p. 323.
132
administration of the Act. Each zone was placed under the jurisdiction of the
Assessment of Ceilings
the number of claimants is excessively large. The basic ground for ceilings on
agricultural holdings rest in the social field. The basic aim of ceiling law is to root
out the land-lords and to hand over the land to the toiling masses. To V.M. Rao, “it
is best to distribute it among its users rather than allow part of it to go to the non-
users who would benefit merely from their title to its ownership without
smaller farms shall bring in increased productivity. Output, per acre shall be more
and less capital is used here. Once the surplus land is distributed and if the new
large holdings. Further, most oppose on the ground of conditional set back the
other. In the long run the share of poor class may increase, and this loss of large
are 7 or 8 million operated holdings in Indian agriculture rating over a total area of
8
Madras State Administration Report, Government of Madras, Madras, 1962-64, p. 8.
9
W. Raja Lakshmi, Tamil Nadu Economy, Business Publications Incorporated, Madras, 1999, p. 324.
133
162 million hectares. The distribution of holdings has been classified according to
size as marginal (less than 1 hectare) small (1.00 – 2.00 hectares), semi-medium
(2.0 -4.0 hectares), medium (4.0 – 10.0 hectares) and large (10 hectares and
above). One half of the holdings are small and small medium holdings. 11%
belong to the group of medium sized holdings and only 4% belong to the large
holdings category10.
concentration on the hands of medium and large farmers own 6.1% of the total area
of operational holdings. On the other hand 51% of the sub-marginal and marginal
The Small Farmers’ Development Agency has been set up to cater to the
minimum requirements of small and marginal farmers 11. The objectives of the
10
All-India Report on Agricultural Census 1970-71, p. 74.
11
M.E. Adams, Agricultural Extension in Developing countries, International Tropical Agriculture
series, United Kingdom, 1985, p. 124.
134
! To assist the small farmers in relation to specific requirements like
technical know-how;
technique;
of better profits.
The chief activity of the Small Farmers’ Development Agency has been to
investigate and identify the problems of small farmers in the area of operation and
formulate a programme 12. The various supplies and service to small farmers are
made available through existing institution and authorities. Individual farmers are
12
N. Raja Lakshmi, Tamil Nadu Economy, Business Publications Incorporated, Madras, 1999, p. 325.
135
helped to secure loans for irrigation from Co-operatives and other banks. The
and marketing of their agricultural produce. The Agency draws up plans for
cultivation 13.
The laws of inheritance are such that all children have and equal
that farms get split up further and further with every generation.
enacted as a temporary legislation to be in force for a period of three years 14. The
Kudiyiruppu. It was felt that this question was linked with the question of
a comprehensive tenancy law which will lay down the rights of agricultural
tenants. It was also felt that a satisfactory and enduring solution on the question of
conferring permanent rights of Kudiyiruppu can be found only after the law
13
Ibid. p. 326.
14
Madras State Administration Report, Government of Madras, Madras, 1960-61, p. 17.
136
dealing with ceiling on land holdings had been fully implemented and the surplus
lands had been taken over, and after the ryotwati settlement of inam estates minor
inams and leaseholds had been completed. As this would take some time the
Government in 1964 by the Amendment Act, 24/64 extended the late of the
principal Act by another period of 3 years and for a further period of 3 years by the
State. The ceiling limit is 30 standard acres (24 to 120 ordinary acres). A standard
acre means one acre of wet-land assessed to land revenue at a rate varying from
Rs. 10/- to Rs. 15/- per acre. The ceiling will apply to the aggregate area of the
family; the expression family being defined to mean the person, the husband or
wife, his or her minor sons and unmarried daughters and minor grandsons and
unmarried grand daughters in the same male line whose father and mother are
dead. In the case of person governed by Hindu law, minor sons and grandsons shall
not include sons and grandsons between whom and other members of the family a
standard acres will be allowed subject to an outside limit of 60 standard acres for
the family. In addition to the ceiling area, a person or family is entitled to hold 50
acres of grazing land. A further area up to10 standard acres in addition to the
137
ceiling area for the family, s permitted to be retained in case of Stridhan of the
wife.
For the purpose of determining the surplus area any transfer or artition
made after the publication of the Bill (6th April, 1960) will be declared void if such
Where the net annual income from the land does not exceed Rs. 5,000 12
Where it exceeds Rs. 5,000 but not Rs. 10,000 11 times net income
Where it exceeds Rs.10,000 but not Rs. 15,000 10 times net income
acquired under the Act would be the market value of the same on the date of
acquition.
15
Madras Legislative Assemly Debates, dated 14-4-1960.
138
ancillary purpose not exceeding 20 per cent of the area used for
the member.
The Law was enacted in 1962 and brought into force on October 2, 1962.
16
G. Venkataramani, Land Reform in Tamil Nadu, Sangam Publishers, Madras, p. 63.
139
Officers, Land Board, Land Tribunal, Land Commission and the Sugar Factory
The last date for furnishing of returns by persons holding land in excess of
the ceiling limit expired on December 31, 1963. According to the figures supplied
by the State Government, 4,879 land-owners had filed returns up to3st December,
1963. Returns from 743 land-owners were still due. Out of the returns received
4,783 returns have been scrutinized. Seventy cases have been referred to the Land
Board and Sugar Factory Board. Returns have also been filed by 1,197 tenants. Out
of these 1,070 have been scrutinized. Returns are still due from 557 tenants.
On a rough estimate the State Government feel that the total extent of lands
likely to be declared surplus is 79, 000 acres for the entire State.
Survey and settlement work in this State, as in most others, was undertaken
a long time ago. The last settlement took place in 1936-37 and the Government
then took the decision that no resettlement need be made and no revision of
assessment has been made since then except by way of adhoc surcharge on land
revenue or increase of water rates. Recently, a phased scheme for resurvey in the
course of about 18 years or so has been undertaken, Resurvey started in June 1963
17
Report of the Land Revenue Committee, Government of Madras, Madras, 1960, p. 3.
140
The field staff for maintenance of village accounts and agricultural
statistics appears to be adequate. There are 14,664 villages in the State and the
number of karnams is reported to be over 11,000 18. The karnam is responsible for
maintaining village accounts and agricultural statistics. There are about 11, 954
Decline of joint family system in recent decades has also led to sub-
division. The lands managed and operated were divided. Rural indebtedness and
indigenous money lenders. Most of the farms are indebted. The villages money-
lenders are highly unscrupulous and have only one interest in lending to the needy
fragmentation of holdings.
The practice of co-sharing: Many land owners do not cultivate their land
themselves. Though the size of holdings on ownership basis remain the same, they
Wastage of land: It has been estimated that 6% of land is wasted on this account.
3.5% of land is wastes in drawing boundaries and hedges between small and tiny
plots 19.
18
Census of India, 1961; Vol. IX, part 1 A, Government of Madras, Madras 1961-1962, p.5.
19
N. Raja Lakshmi, Tamil Nadu Economy, Business Publications Incorporated, Madras, 1999, p. 326.
141
Difficulties in modernization: Because of the small size of farms it is not
Under - Employment: Small plots of lands fail to provide work to all members
unemployment.
Low Productivity: Sub-division of land into tiny plots results in low agricultural
productivity. The farmer is compelled to use the age-old methods and so less is
the productivity.
facilities and with a programme for eliminating weakness which arise from
uneconomic and fragmented holdings and deficiencies in the use and management
of land” 20. The measures recommended are economic holding consolidated and
co-operative farming.
20
Report from 3rd Five Year Plan, Planning Commission of India, New Delhi, 1961-65, p. 59.
142
Creation of Economic holdings
sufficient to support himself and his family in reasonable comfort after paying his
One of the important aspect of land reforms is the increase in the size of
holdings, to make small farmers to give up their holdings and starting industrial
units in rural areas are the notable remedies. It is , however, realized to be difficult
Consolidation of Holdings
holdings. The method adopted is to grant one consolidated holding to the farmer
equal to the total land in different scattered plots under his possession. Initially it
But, the progress is not uniform throughout. In Tamil Nadu and Kerala they are
! The farmers are extremely attached to land and are unwilling to give
21
N. Raja Lakshmi, Tamil Nadu Economy, Business Publications incorporated, Madras, 1999, p. 328.
143
! Those having better quality lands do not like to combine.
! This movement has not evolved the necessary Co operation from the
people. The Draft Fifth Plan has Stated “ A major weakness of the
It was not until 1958-59 that collective farming societies came into
farming societies came into existence in Tamil Nadu 23. Land, whether freehold or
leasehold, is tilled collectively by members who are paid wages. The yield belongs
to the society. After meeting the expenses, the profits are divided as in every other
Co-operative society and the members are given a bonus on the wages earned by
farming society and the joint farming society are almost identical in their modus
operandi. In the former, ownership vests with the society; while in the latter, it
vests in the individual members. Though in the collective farming society and
tenants farming society, the ownership of the land does not vest with the
individual members, these two differ from each other in their setup and mode of
22
Daniel Thorner, The Agrarian Prospect in India, University Press, Delhi, 1956, p. 29.
23
Madras State Administration Report, Government of Madras, Madras 1958-1960, p. 27.
144
working too. While in the case of the former, the cultivation is done on the
society’s account by the members who are paid wages, the yield belongs to the
society; in the case of latter, the cultivation is done individually on the member’s
account and the yield belongs to the members who pay the rental due to the
society. The following table gives particulars in respect of the number of societies
Total 168
Amendments to the Ceiling Law: Under several amendments of the Tamil Nadu
Land Reform (Fixation of Ceiling) Act 1961, the exemptions from the ceiling limit
granted in the case of grazing lands, dairy farming and livestock breeding
establishments were revoked by law with the sanction of the Legislature. The
ceiling allowed to a family consisting of more than five members was reduced
from 40 standard acres, as fixed by the 1970 Act, to 30 standard acres with effect
from March. Charitable, religious and educational institutions, for whose continued
exemptions from the ceiling limit, eloquent cases were made out in the year 1961-
24
The Registrar of Co-operative societies, A note of an Administrative Reforms Commission
meeting at the office, Madras, 1973, p. 22.
145
62 sessions of the Legislature, 25 were debarred from acquiring further land. By the
fifth amendment of the ceiling law, Co-operative Societies will no longer enjoy
exemptions from the ceiling in respect of lands not assigned by the Government.
For the first time the quantum of compensation will vary inversely with the size of
the land that falls surplus under the ceiling law. Under the sixth amendment, the
ownership of land declared as surplus vests with the Government from the day of
the commencement of the Law. Even if production is carried on by the owner was
on the land, he is liable to pay the Government for the occupation and use of the
land. The time limit for preferring objections against the enforcement of the ceiling
law by the owners and mortgages has been fixed at 30 and 60 days respectively 26.
These were some of the important agrarian reform measures enacted by the
State and Union Governments, All these measures have one thing in common in
that they attempt to correct the existing agrarian situation and to lay the
Applying the rule that only 30 standard acres of agricultural land could be
owned by a person as per the ceiling law, the surplus was estimated at 2,82,105
standard acres 28. Accepting this estimate, many members pleaded that the date for
the retro-active commencement of the Act should be pushed as far back as 1955 so
that under sir able transfers of land in the interim could be avoided or nullified.
The Government stipulated that the Act was to begin from 1960. This concession
25
G. Venkataramani, Land Reform in Tamil Nadu, Sangam Publishers, Madras, 1973, p. 41.
26
Shigeru Ishikawa, Agricultural Development Strategies in Asia, The Asian Development Bank,
1970, pp. 116-117.
27
Ibid.
28
G. Venkataramani, Land Reform in Tamil Nadu, Sangam Publishers, Madras, 1973, p. 43.
146
in the matter of the date of commencement had its effect on the implementation of
the Act as can be seen presently. Eleven years after the introduction of the Act,
only 38, 043 ordinary acres have been notified as surplus, out of which
redistribution could be effected. Excluding the area covered by the above two
items, an extent of only 28,104 acres was actually taken possession of by the
Government 29. Out of this only 20,977 acres were assigned to those persons found
Between the extent of land taken over and the extent assigned to new
owners, there is a gap of 25.4 per cent in distribution. In other words the
implementations of the Ceiling Act of 1961 had resulted in the distribution of only
74.6 per cent of the lands taken possession of by the State. In fact, only 20,977
acres have been redistributed and this, apart from the land that the State could not
take possession of, but which in their view came under the purview of the ceiling
Slow Implementation
While the gross coverage appears to be large, over 13 per cent of the cases
are still being examined and a decision is yet to be taken about them. The total
number of cases, viz, 2652 where the holding is in excess of the Ceiling area, is
small compared to the number of persons who possesses 30 standard acres and
more as furnished to the Legislature in 1960. In all 9,671 cases of persons had been
29
S.R. Sen, The Strategy of Agricultural Development, Asia Publishing House, Delhi, 1966, p. 96.
147
notified those in possession of land above the ceiling limit, while by 1972 the
number notified had decreased to 2,652 out of which drafts Statements were
prepared only in 2,306 cases 30. Out these 2,306 cases, final Statement with a view
to taking possession of the surplus land by the Government had been go ready in
1,654 cases.
Nearly 45-8 per cent of the notified cases were dropped in the event. This is
a large number considering the extent of the notified surplus so far. Only 7,33331
acres have been finally notified as surplus which would presumably be ready
acquisition and this surplus which has crossed the final hard has not been for
acquired. This would suggest that a further reduction in the ceiling limit towards
which opinion appears be veering, if the past is any guide, would meet with the
same fate as that of the 1961 Ceiling Act 32. Recently the exemption granted to hill
areas from the Ceiling Law was amended. This expected to yield a further sizeable
surplus.
implementation there of. If all the surplus is taken over as planned for and
distributed to landless persons it can make a dent on the landholding pattern in the
areas to begin with. The experience of the previous legislation suggests that much
4.65 per cent of the household in the size-classes above 15 acres together
hold 28.61 per cent of the total cultivated land in the State. As against this, 73.34
per cent of the households holding below five acres of land together possess only
30
G. Venkataramani, Land Reform in Tamil Nadu, Sangam Publishers, Madras, 1973, p. 46.
31
Tamil Arasu, April, 1973, p.11.
32
Gunnar Myrdal, The Economic Theory and the Underdeveloped Regions, Vora & Co., Bombay,
1958, p. 172.
148
33.43 per cent of the total cultivated land 33. It is apparent from the 1961 Census
degree. Not only does the lower group of households posses only about 35 per cent
of the lands, their holdings sizes are small. The extent of holdings by the top
bracket and the degree of inequality it implies, and the average for the top bracket
in relation to the overall average are all high. The expected surplus, if the ceiling
presentation to the Legislature. It has been noticed previously that the actual
surplus distributed so far has been only about 20,000 acres 34. But this distribution
protection of tenancy and the promotion of the living standards of tenants 35. The
tenants and the fixation of fair rents payable by them. Under certain conditions,
eviction petitions were granted and land-lords were permitted to resume personal
cultivation. At the same time, the tenants dispossessed by the resumption could
33
Radhakamal Mukerjee, ‘Report of the Zamindari Abolition Committee, Vol. 11. Macmillan,
1950, p. 174.
34
G. Venkataramani, Land Reform in Tamil Nadu Sangam Publishers, Madras, 1973, p. 50.
35
Andre Beteille, Studies in Agrarian Social Structure, Oxford University press, New Delhi, 1973,
p. 170.
149