Agricultural year

The agricultural year is defined as the harvest year during which a crop is sown and harvested
until the next crop is sown. The agricultural year is different for different crops. So, there are
chances for crops to occur twice in a year. There are also crops that occur more than twice
"agricultural year" means the year commencing on the first day of June and ending on the thirty-
first day of May

Question: - What is rehabilitation grant? Discuss in brief the procedure

regarding rehabilitation grant as provided in the UPZA and LR Act.

Rehabilitation Grant
Rehabilitation Grant means a lump sum amount for each of the affected families, whose house
and household properties are burnt / damaged due to man-made violence and natural
calamities. Each and every civilian, who is affected in man-made violence and natural
calamities that may occur in the State, is entitled to receive Rehabilitation Grant.

Rehabilitation Grant under Uttar Pradesh Zamindari Abolition and Land

Reforms Act 
Chapter 5 (Section 85-105) of the Uttar Pradesh Zamindari Abolition and Land Reform Act,
contains all the provisions regarding rehabilitation grant. The U.P Zamindari Act and Land
Reform Act changed the land law and abolished the zamindari system. All the zamindars were
stripped off all their land rights, and all their estates were taken away by the state government.
The state government gave all the zamindars or intermediaries compensation and rehabilitation
grant in return of the land taken by the government. The aim of giving compensation is to
compensate the zamindars who had to give up their property. Rehabilitation grant was introduced
to give former intermediaries an opportunity to find a new livelihood and find other alternatives
for rehabilitation.

Application for rehabilitation grant 

According to Section 79, an intermediary entitled to be paid the grant may within three years
from the date it has become payable under Section 74 or within three years from the date of
commencement of the Uttar Pradesh Land Reforms (Amendment) Act, 1958, whichever maybe
later, apply in writing to the Rehabilitation Grants Officer for determination and payment of the
grant.
Determination of the amount of rehabilitation grant 

According to Section 97, after the statement under Section 92 has been prepared, the
Rehabilitation Grants Officer shall determine the amount payable as rehabilitation grant to each
intermediary. According to Section 98, the amount of the grant is subject to such marginal
adjustments as may be prescribed. The amount payable as rehabilitation grant to an intermediary
shall, except in the case of waqf, trust or endowment, be such multiple of the net assets
mentioned in the statement prepared under Section 92 as may be applicable in accordance with
the table given in Schedule I.

Appeal for dismissing the application 

According to Section 101, an appeal shall lie to the District Judge from any order of the
Rehabilitation Grants Officer dismissing an application under Section 85 or disposing of an
objection under Section 88, or from any order under Sections 90, 98, 99, 100-A or 100-B.

Question: - What do you mean by Khasra and Khatoon?

 Meaning of Khasra

If you want to invest in land or simply purchase a plot of land for constructing a house, then
you should be aware of the important land-related terminologies. While going through land
documents or records, you could have come across some Persian/Arabic terms and wondered
about their meaning. 
One such query could be: what is the Khasra number of land? Well, Khasra is a Persian word
and Khasra number is the same as survey number. While plots of land in urban areas are
assigned a particular plot number or survey number, those in rural pockets are assigned
Khasra numbers. The term Khasra traces its origin to the land records maintained during the
Mughal period in medieval history. It was a common practice to use Persian terms for
administrative purposes as Persian was the official language of Mughals.

 Importance of Khasra Number

Now that you know about the Khasra number, you must understand its importance. The
Khasra number provides comprehensive details about the plot for the last 50 years. Here’s a
look at the important details revealed by the Khasra number:
  You can know the ownership details of the last 50 years.
 You can know about the quality of the soil.
 You can know about the land cultivation patterns.
 You can know the geographical details surrounding the plot.
 You can know the number of trees in and around the plot. 
 You can know about the leases and mortgages of the plot.
 You can know other plot details, such as its area.

 Meaning of Khatauni

The Khatauni number is issued to the owner of the pieces of land on which cultivation happens.
Also, Khatauni is an important document as it provides all the vital information about a piece of
land. The Khatauni number is assigned specifically to the people cultivating on those farmlands.
The details related to the Khatauni number can be collected from the Tehsildar’s office by
visiting there in person. Also, online khatauni information can be collected from the respective
state’s land record or bhulekh website.

This document is an essential legal document as it indicates the landholding pattern or the
ownership pattern of the land. It also gives an insight into whether the land owned by the family
is located nearby or together or if the locations are away from each other. Khatauni can also give
information about all the different Khasras owned by a family. 

 In addition, at the time of sale of land, the Khatauni number also acts as a tool that helps in
carrying out the sale process with ease. Also, as shared above, the Khatauni number divulges
important information about the land, such as its ownership details, the area of the land, and the
Khasra number, among others. 

 The Khatauni number gives information related to the village name where the land is located,
district’s name, the Khasra number, the Khata number, changes in the ownership - year by year
account if it has changed in the past, and lastly, the owner’s name along with the name of the
owner’s father.  

In case of change in ownership details that has happened for a piece of land, and the same has
been registered in the Khatauni documents. It is expected to take a minimum of three months for
the changes to reflect in the Khatauni page in the system.

Differences between khasra and khatoon

1. Khasra: In rural areas, plots of land are assigned Khasra numbers. This is similar to
plot or survey numbers in urban areas. It is an essential number for providing
ownership rights to a landholder. Khasra numbers don’t change if the plot is sold
 2. Khatauni number is provided to a group of cultivators who till or cultivate the land
across plots having different Khasra numbers. To know the details about cultivators
and their area of cultivation, you can refer to the Khatauni number.  

QUESTION: - Distinguish between Gaon Sabha and Gaon Panchayat

 Introduction
To ensure the devolution of democracy and the overall development of villages, Article 40 is
enshrined in the Indian constitution.

The Panchayat Raj Act 1947 authorizes a village panchayat to collect any taxes or levies paid for
the placement, maintenance and improvement of schools and hospitals and to account for
accounts and other functions assigned to the state government.

 Gram Sabha
Gram Sabha is a group of one village or many villages. It is known by that name to which the
State Government declare it by notification such name and its jurisdiction which is published in
the Government Gazette. Such notification may be issued by that authority to whom he has been
assigned by the State Government.

o This initiative provides for the establishment of a Gram Sabha village or village group for
the development of that village or village group.
o Section 2 (g) of the Act defines Gram Sabha. It means a body established under Section 3,
which includes people registered in the election rows relating to a village in the Gram
Panchayat area.
o Section 243 (b) of the Constitution of India defines Gram Sabha as a body, consisting of
persons registered in the election rows relating to the village located in the panchayat area
at the district level.
o Section 3 provides that the State Government shall establish a Gram Sabha village or
village group with a nominal name. When the Gram Sabha was formed by a group of
villages, the name of the most populous village would be called the name Gram Sabha.
The purpose of the establishment of the Gram Sabha was to develop a village or village
group.

 Members of Gram Sabha [Section 5, U.P. Panchayat Raj Act, 1947].- Every
person, whose name is for the time being is included in the electoral roll of the Gram Sabha,
shall be a member of that Gram Sabha.
 Functions Of the Gram Sabha - Section 11 (5):

 Volunteer mobilization and donations for social welfare programs.

 Identify beneficiaries of the implementation of community-based development
programs.
 Provide assistance with the implementation of development programs in the village.

 Gram Panchayat
Section 2 (h) of the Act defines Gram Panchayat. It means that the Gram Panchayat is made as
an unfermented Section 12 of the U.P. Panchayat Raj Act, 1947. Basically, a body formed for the
purpose of managing the affairs of Gram Sabha.

Section 12 (1) provides that the Gram Panchayar is located throughout the Panchayat area,
named after the Panchayat area.

The constitution of Gram Panchayat will not be announced unless Pradhan and at least two-thirds
of the members of the Gram Panchayat are elected.

 Functions Of the Gram Sabha - Section 11 (5):

 To promote and develop agriculture and agriculture.
 Development of plains and pastures.
 Assisting Government in Land Development.
 Manage and assist with the distribution of water from small irrigation projects.
 Promotion of dairying, chicken piggery etc.
 Construction of fisheries in the valleys.

QUESTION: - Discuss the main object and aims of the U.P.Z.A. and L.R.
Act, 1950

 Introduction
The UPZA is an act which provides the abolition of Zamindari system. Zamindari was a system
in which the Zamindars are basically a middle man between the Britishers and farmers.
Zamindars were treated as a class. The Zamindars were given a duty to collect the rents but when
there is duty there is also a corresponding right.

Since they had a duty to collect the rents and so they also had a right to collect it in whichever
manner they like. This right was generally abused by the Zamindars and they were torturing the
miserable class, called as farmer. So, to curtail this the UPZA was passed to take care of the
situation.

 Objects of the U.P.Z.A. and L.R. Act, 1950

The objects and reasons can be discussed as follows- Preamble.  Preamble has carved out the
main reason of the act. The objects of the Zamindari abolition act are as follows-

1. This act actually abolishes the Zamindari system and intermediaries.

2. To acquire the rights, title and interest.
3. To reform the tenure holding system in the state.
4. Any matter connected therewith.  

The statements and objections were published in the UP gazette on 10th Jun 1949. Apart from
these reasons there were other reasons and there were also various objectives of this act.

1. To develop village republic.

2. Prohibition of letting and sub – letting
3. To prevent the creation of uneconomic holdings and prohibition on accumulation of
large holdings.
4. To vest the land of common utility into Gram Sabha and with wide powers of land
management.
5. There were various other motivating factors which led to the creation of this Act. For
example, first it was necessary to increase the productivity in agriculture. Under the
Zamindari abolition the peasants and farmers were not recognised as owners since they
were not the owners, they did not have any interest in increasing the fertility of the land
and also, they can be thrown out any time so they really took no interest in development
of the land.
6. Everybody must work.
7. The landlordism was British evil. The Zamindari was created by the Britishers and now
since Britishers have left, there was no reason to keep the system made by them.
8. The Zamindari was uneconomical to the State. 
9. The Zamindars had betrayed the trust posed on them.
10. The continuance of the Zamindari would have let to the bloody revolution.    

Question: - Who is a Bhumidhar with transferable rights?

Section 130 of the U.P. Zamindari Abolition and Land Reform Act, divides bhumidhar with
transferable rights into four classes:
 1. Every person who gained ownership of land or became a bhumidhar after the abolition of
zamindari by the Act.
2. Every person who became a sirdar after the abolition of zamindari in 1950 and had paid
ten times of the land revenue to acquire bhumidhari rights.
3. Anyone who was a sirdas before the UP Land Laws (Amendment) Act, 1977 was enacted
and had the right to acquire bhumidhari rights by paying ten times of the land revenue.  
4. Any person, other than the above categories, who acquires bhumidhari rights through any
other manner with transferable rights in accordance with the provisions of the U.P.
Zamindari Abolition and Land Reform Act.

According to the amendment of 1977, the bhumidhar with transferable rights has the most secure
and highest type of ownership or highest type of tenure holder. His/Her interest is protected,
permanent, transferable and heritable

QUESTION: - Distinguished between Bhumidhar with transferable rights

and Bhumidhar nontransferable rights in Details.

In 1977, after an amendment, all the sirdars were converted into two new classes; (a) bhumidhar with
transferable rights and (b) bhumidhar with non- transferable rights. Asami’s category was not
changed. After the amendments made in 1977, there were three categories of tenure holders
according to U.P. Zamindari Abolishment and Land Reform Act:

1. Bhumidhar with transferable rights.

2. Bhumidhar with non-transferable rights.
3. Asami.

 Who is a Bhumidhar with transferable rights?

Section 130 of the U.P. Zamindari Abolition and Land Reform Act, divides bhumidhar with
transferable rights into four classes:

5. Every person who gained ownership of land or became a bhumidhar after the abolition of
zamindari by the Act.
6. Every person who became a sirdar after the abolition of zamindari in 1950 and had paid
ten times of the land revenue to acquire bhumidhari rights.
7. Anyone who was a sirdas before the UP Land Laws (Amendment) Act, 1977 was enacted
and had the right to acquire bhumidhari rights by paying ten times of the land revenue.  
 8. Any person, other than the above categories, who acquires bhumidhari rights through any
other manner with transferable rights in accordance with the provisions of the U.P.
Zamindari Abolition and Land Reform Act.

According to the amendment of 1977, the bhumidhar with transferable rights has the most secure and
highest type of ownership or highest type of tenure holder. His/Her interest is protected, permanent,
transferable and heritable.

 Who is a Bhumidhar with non-transferable rights?

According to Section 131 and Section 131A of the U.P. Zamindari Abolition and Land Reform
Act divides Bhumidhar with non-transferable rights into five categories. These are:

 Anyone who has been admitted as sirdas in accordance with Section 195 of the U.P.
Zamindari Abolition and Land reform Act which gives the Land Management
committee the right to admit any person as a bhumidhar with non-transferable rights
subject to conditions laid down in the said section before 1977 amendments were
adopted.
 The Act also includes a person who has acquired bhumidhari rights in accordance
with the provisions of the Uttar Pradesh Bhoodan Yojna Act, 1952.  
 Every person with surplus land under Section 26 A or under subsection (3) of Section
26 A has surplus land that has been settled. 
 It includes every person in Sonbhadra district, south of Kaimur Range, who is a
cultivator and is in possession of the land which is vested in Gaon Sabha or belongs to
the state government, before 30th June, 1978. In the portion of District Sonbhadra,
South of Kaimur Range, every person in cultivator possession of any land, vested in a
Gaon Sabha or belonging to the state government, before June 30, 1978, on three
conditions:

1. It is not land notified under Section 20 of the Indian Forest Act, 1927.

2. It does not exceed the maximum ceiling area determined under the UP Imposition
of Ceiling on Land Holdings Act, 1960.
3. It is not land mentioned under Section 132 or Section 133 A. 

 It includes anyone other than the above-mentioned categories who have acquired non-
transferable bhumidari right in any other manner in accordance with the provisions of
the Act.
CONCLUSION
The Uttar Pradesh Zamindari Abolition and Land Reform Act 1950, was signed by the President
on 24th January 1951. The vesting order for the Act was issued on 1st July 1952. From the date
of vesting, all the titles, rights and interests of all intermediaries were terminated and ceased. But
an intermediary who cultivated his land as a share-cropped or self-cultivated the land was given
the ownership of the land. 

The Zamindari Abolition Act did not give the right of resumption, nor did it provide a ceiling on
the area a Zamindar can use for personal cultivation. Therefore, all the occupants of the land,
Zamindars and secured or unsecured tenants, were to continue in possession of the land they
were cultivating at the time the reforms were enacted.

The Act can be divided into two parts. The first part contains chapters 1 to 6, and the second part
contains chapter 6 to 12. The Act has seven schedules and 344 sections. All the zamindars were
stripped off all their land rights, and all their estates were taken away by the state government.
The state government gave all the zamindars or intermediaries compensation and rehabilitation
grant in return of the land taken by the government. 

The aim of giving compensation is to compensate the zamindars who had to give up their
property. Rehabilitation grant was introduced to give former intermediaries an opportunity to
find a new livelihood and find other alternatives for rehabilitation.