U.P.

ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950

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-
1 January to 30 June- Years-593
1 July to 31 December- Year-593
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”.

Ques- What are the reasons for abolition of Zamindari?

Answer- 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 recognized 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 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. The system had prevented the nation from exploiting all the natural
resources for increasing 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obsolete and outdated institution.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..
Ques- What are the essentials features of U.P zamindari and land reforms act
1950?
Answer- Essentials features of this Act
1. Abolition of Zamindari system: The Act abolished from the date of
vesting i.e. 1st July 1952, all rights, interests and titles of intermediaries
and vested it in the State. The Act abolished the rights of the
intermediaries in the upper portion of the land as well as in the sub-soil.
2. Payment of Compensation (Section 27): All Zamindars whether big or
small, natural or artificial are entitled to get compensation under the Act.
The compensation is to be paid to them equal to eight times of their net
assets.
3. Payment of rehabilitation of grant (Section 73): There is also provision
for payment of rehabilitation grant. It is payable on the ground rates
ranging from one to twenty times of the net income.
4. Cultivating rights maintained: The Act maintained the cultivating
rights of every person, since the underlying policy of the land law is “He
who cultivates the land should be the owner of it”. All persons continued
to retain possession of the land they were cultivating.
5. Land tenure system simplified: There were 14 types of land tenures
before the passing of the Act. The Act substituted and classified them into
three classes of tenure viz. Bhumidhar, Sirdar and Asami. The Act also
created a fourth kind of land tenure vi. Adhivasi, which were made
Sirdars in 1954.
6. Prohibition of letting sec-156: Act prohibits letting as well as subletting.
If a tenure holder lets his land his right shall come to an end. (Section
165& 167). However, exceptions are created in favour of woman, minor,
idiot, lunatic, blind person, student and persons in detention or
imprisonment. (Section 157 (1))
7. Prohibition for the accumulation of land: According to Section 154
(1)j read with explanation I no tenure holder with his or her spouse and
minor children can acquire land by purchase or gift as a result of which
he becomes entitled to land exceeding 12.5 acres in aggregate. Persons
already having more than 12.5 acres of land shall retain their holdings but
they cannot have any other land by purchase or gift.
8. Prohibition for the creation of uneconomic holding: The Court shall
instead of proceeding to divide the land, which does not exceed 5 bighas,
direct the sale of the same and distribution of the sale proceeds in
accordance with the respective shares of the parties. (Section 168 A
provides that holdings below 3.168 acres is uneconomical holding and
below it cannot be transferred. But in 2006, this section has been
abolished.)
9. Uniform rule of succession: The Act provides for uniform rules of
succession. Now on the death of a tenure holder his tenure holder his
interest in the holding shall devolve to heirs enumerated under Sections
171 to 175. The provision is applicable to all the tenure holders, whether
he is Bhumidhar, Sirdar, or an Asami and whether he is a Hindu, a
Muslim or a person professing religion other than Hindu and Muslim.
 10.Establishment of village Republics: Before coming into operation of
this Act there were Gaon Sabhas and Gaon Panchayats. The Act
established two more institutions, viz. Gaon Samaj and Land
Management Committee.
11.Well, trees and buildings settled with the existing owner thereof sec-
9: All wells, tress the abadi and all buildings situated in the Zamindari
estate were allowed to be remained in the possession of existing owners
or occupiers thereof, and it would be deemed to be settled with them as
owners thereof.
Ques- What are the aims and objective of UPZALR Act?
Answer- Aims and Objects of the ZA and LR Act:
1. Abolition of Zamindari system
2. The acquisition of intermediaries rights on payment of compensation.
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 utility in Gaon Sabha and to entrust the
Gaonn Sabha with wide powers of land management.
Ques- What are the consequences of passing of this UPZALR Act?
Answer-
1. Sec 6(a)- All rights, title and interest of all the Zamindars in every estate
shall cease and be vested in the state of UP free from all encumbrances.
Encumbrance means free from any legal claim on an estate. Section 6(a)
provides that every estate includes land (cultivable or barren), grove land,
forests whether within or outside village boundaries, fisheries, tanks,
 ponds, water channels, ferries, pathways, abadi sites, haats, bazaars,
melaas and mins and minerals.
2. All grants and confirmation of title to land in an estate shall come to an
end. Section 6 (b) provides that “all grants and confirmation of title of or
to land in any estate so acquired, or of or any right or privilege in respect
of such land or its land revenue shall determined”.
3. The rent, cess etc. shall now be payable to the state government. The
Zamindars were deprived to collect rents, cesses etc.
4. The unpaid dues from the outgoing Zamindars shall continue to be
recoverable by the state government even after the abolition of Zamindari
(Section 6(e)). The amount shall be realized by deducting it from the
compensation money payable to such intermediary.
5. The estate shall be vested in the UP free from all encumbrances even if
the estate was in the hands of the mortgages. However, the ex-mortgagee
of the estate shall be entitled to get his secured money from the state
government out of the compensation payable to the Zamindar.
6. All suits and proceedings regarding Zamindari shall be stayed.
7. All mahals and their pattis (sub-divisions) existing on the date
immediately preceding the date of vesting shall come to an end.
8. Any contract for grazing or gathering of produce from land or the
collection of forest produce or fish from any forest or fisheries entered
into after the 8th day of August, between an intermediary and any other
person in respect of any private forest, fisheries or land laying in such
estate shall become void with effect from the date of vesting (Section 8)
9. Consequence of vesting as to the wells, trees and buildings – Section 9
provides – “All wells, trees in abadi and all buildings situate within the
limits of an estates, belonging to or be held by an intermediary or tenant
or other person, shall be deemed to be settled with him by the state
government on such terms and conditions as may be prescribed”.
Ques- What are the types of Tenure Holder?
Answer- Classes of Tenure-Holders:
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 variety of land
tenures and substituted them into four:
1. Bhumidhar
2. Sirdar
3. Asami
4. Adhivasi
 Adhivasi was the transitional 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 lessees”.
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.
 The UP Land Laws (Amendment) Act, 1977 converted all sirdars 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-transferable rights
3) Asami
1. Bhumidhar with transferable rights: Section 130 of the UPZA&LR
Act, provides four classes of such Bhumidhars:
 o Every person who became Bhumidhar on the abolition of
Zamindari.
o Every person who became sirdar on the abolition of Zamindari and
acquired Bhuimdhari rights by depositing ten times of the land
revenue.
o Every person who was a sirdar 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.
o Every person who in any other manner acquires the right of
bhumidhar with transferable rights under or in accordance with the
provision of this Act.
Bhumidhar with transferable rights is the highest type of tenure holder.
His interest is permanent, heritable and transable.
2. Bhumidhar with non-transferable right: Section 131 and Section 131A
of the UPZA&LR Act provide following persons as Bhumidhar with non-
transferable rights:
a. Every person admitted as sirdar of any land under Section 195
before the date of commencement of UP Land Laws
(Amendments) Act 1977 or as a bhumidhar with non-transferable
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 27 of the UP Imposition of Ceiling on Land Holdings Act,
1960.
d. Every person who in any other manner acquires the right of such a
bhumidhar under or in accordance with the provisions of this Act.
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 with transferable right after the completion of a period of ten years.
But, the person who has acquired the bhumidhari transferable right in land in
pursuance of aforesaid amendment in Act and subsequently transferring the 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.