Land Reforms

What are Land Reforms?

India under the British Raj had witnessed a lot of such atrocious regulations that exploited the poor and helpless in many aspects. Among them, land
ownership contributed significantly to preventing the socio-economic growth of the backward population.
The government of independent India came up with acts and laws to establish equal rights and ownership of land, which now constitutes a crucial
episode of India’s economy. In the following lesson, you will come across a detailed discourse on land reforms in India after independence and their
importance. 
The instruments that are visualized for social justice are known as Land Reforms. It is because the Land Reforms that are divided as the sharp class
division which is between the rich Landowning classes and the impoverished peasants who have no security of tenure seek to do away with the
exploitative relationships. It is a step that is taken against the concentration of Landholdings in the hands of non-cultivating owners or few absentees,
who on the size of holdings impose the ceilings and those Landholdings can be owned by families. Mainly, the concept of redistribution of Land is
studied under Land Reforms but their scope is much wider. 
In simpler terms, Land Reforms refer to the redistribution of Lands from the rich class to the poor class. It includes operations, leasing, regulations of
ownership, sales, and the inheritance of Land since Land redistribution requires legal changes.
Why Were the Land Reforms Introduced?
Almost all agricultural lands of India before independence were owned by intermediaries, like jagirdars and zamindars, among others, and not by the
farmers who worked in these lands to produce crops. These farmers naturally suffered from exploitation when the landowners paid no heed in
agricultural requirements and were solely concerned about the rent they collected from these labourers.
After independence in 1947, an inadequate agricultural output was apparent. In order to fix this situation, the Indian government took measures to
alter existing regulations for a better outcome. These acts formed agrarian reforms in India after independence. 
Objectives of Land Reforms
The Indian government aimed at speeding up the socio-economic advancement of rural India and its agricultural industries with this land reform
system. Some of the main objectives of Land Reforms are listed below-
 The primary objective concerned an overall renewal of law structure for agricultural lands in India.
 These acts aimed at an equal and uniform distribution of agricultural lands so that concentration of ownership was not in few hands.
 Abolition of intermediaries of the medieval land-ownership system in India.
 Facilitating optimum agricultural produce with healthy and economic practices.
 Ensuring social and economic justice for previous violations of the tiller’s rights.
 Uniform ownership of land would prevent exploitation of tenant farmers and will help in reducing rural poverty.
 Elimination of the exploitation in the Land relations.
 To increase agricultural production and infuse equality in society.
 To restructure the agrarian relations in order to achieve an egalitarian social structure.
 To realize the age-old goal of Land to the tiller.
Land Reform- Types
Pre-Independence:
 The farmers did not have ownership of the Lands in which they used during the British Raj.
 The Landlords of those Lands were Jagirdars, zamindars, etc.
 Many issues were confronted in front of the government and it became a challenge in front of independent India. 
Post-Independence:
Read on to get detailed descriptions on some of the most notable acts from the long list of land reforms in India since independence.
The Land Reforms in post-independent India had various components:
 Abolition of Intermediaries- The first step taken by the Indian government under land reforms post-independence was passing the
Zamindari Abolition Act. The abolition of the zamindari system was done that removed the layer of intermediaries who used to stand
between the state and the cultivators. In many areas, superior rights were taken away from the zamindars and weakened their economic and
political power.
The primary reason of a backward agrarian economy was the presence of intermediate entities like, jagirdars and zamindar who primarily
focussed on collecting sky-rocketing rents catering to their personal benefits, without paying attention to the disposition of farms and
farmers. Abolition of such intermediaries not only improved conditions of farmers by establishing their direct connection with the
government but also improved agricultural production.
 Regulation of Rents
This was in direct response to the unimaginably high rents which were charged by intermediaries during British rule, which resulted in a
never-ending cycle of poverty and misery for tenants. Indian government implemented these regulations to protect farmers and labourers
from exploitation by placing a maximum limit on the rent that could be charged for land. 
 Tenancy Reform- The tenancy Reform led to the introduction of regulation of rent, providing security tenure, and conferring ownership to
the tenants. In the pre-independence period, the rent which was paid by the tenants was exorbitant producing 35% to 75% of gross
throughout the country. The primary attempt of the Reform was either to regulate rents and give some security to the tenants or outlaw
tenancy altogether.
Legislations were passed in all states of the country to grant tenants with permanent ownership of lands and protection from unlawful
evictions on expiry of the lease. This law protects tenants from having to vacate a property immediately after their tenure is over unless
ordered by law. Even in that case, ownership can be regained by tenants with the excuse of personal cultivation. 
 Ceilings on Landholdings- This Reform referred to the legal stipulation of maximum size after which no farm household or farmer can
hold any Land. By the year 1961-62 the government of all states passed the Land ceiling acts and in order to bring uniformity across states,
a totally new ceiling policy was evolved in 1971.
 This law was enacted to prevent the concentration of land ownership in a few hands. It placed an optimum limit on the total measure of
land which an individual or a family can hold. Along with fixation of land ceilings, this rule enables the government to take ownership of
the additional or extra amount of land, which in turn, is given to minor tillers or farmers with no land. 
With the help of these Reforms, the states were able to identify and take possession of Lands exceeding the ceiling limits from the
households and redistribute them to the Landless families.
 Consolidation on Land Holdings- The term consolidation referred to the redistribution or reorganization of the fragmented Lands into one
single plot. The trend of the fragmentation of Land increased because of the growing population and fewer work opportunities and this
fragmentation made the personal supervision and the irrigation management tasks very difficult. Therefore, the act of Landholdings
consolidation was introduced which states that if there are few plots of Lands of a farmer then those Lands were consolidated in one bigger
piece which was done by the process of exchanging or purchasing.
    
A major problem of the agrarian structure of India is land fragmentation, which hinders large-scale farming and production. This problem
was solved with this regulation which permitted farmers to consolidate minor fragments of land owned by them into a singular piece of
land. This enabled tenants to carry out agricultural operations in a larger field, which could be done by exchanging land or purchasing
additional pieces.
Lands reforms constitute an important part of CBSE Class 12 Commerce syllabus and might contribute to long-answer-type questions in final exams
like writing a short note on land reforms in India. If you are looking for more information on the topic, land reforms in India after independence pdf
from Vedantu can help with detailed explanation on crucial concepts. You can avail these study materials from our website, or you can install the app
from PlayStore.

Land Reforms in India

Land Reforms usually refers to redistribution of Land from rich to poor. Land reforms include  Regulation of Ownership, Operation, Leasing, sale
and Inheritance of Land. In an agrarian economy like India with massive inequalities of wealth and income, great scarcity and an unequal
distribution of land, coupled with a large mass of people living below the poverty line, there are strong economic and political arguments for land
reforms.
Land reform is the major step of government to assist people living under adverse conditions. It is basically redistribution of land from those
who have excess of land to those who do not possess with the objective of increasing the income and bargaining power of the rural poor. The
purpose of land reform is to help weaker section of society and do justice in land distribution.
The Indian Government was committed to land reforms and to ensure distributive justice as was promised during the freedom struggle.
Consequently, laws were passed by all the State Governments during the Fifties with the avowed aim of abolishing landlordism, distributing
land through imposition of ceilings, protection of tenants and consolidation of land- holdings.
Government land policies are implemented to make more rational use of the scarce land resources by affecting conditions of holdings, imposing
ceilings and grounds on holdings so that cultivation can be done in the most economical manner.
Objectives of land reforms
 To enhance the productivity of land by improving the economic conditions of farmers and tenants so that they may have the
interest to invest in and improve agriculture
 To ensure distributive justice and to create an egalitarian society by eliminating all forms of exploitation
 To create a system of peasant proprietorship with the motto of land to the tiller
 To transfer the incomes of the few to many so that the demand for consumer goods would be created.
Need for land reforms
 To make redistribution of Land to make a socialistic pattern of society. Such an effort will reduce the inequalities in ownership
of land.
 To ensure land ceiling and take away the surplus land to be distributed among the small and marginal farmers.
 To legitimize tenancy with the ceiling limit.
 To register all the tenancy with the village Panchayats.
 To establish relation between tenancy and ceiling.
 To remove rural poverty.
 Proliferating socialist development to lessen social inequality
 Empowerment of women in the traditionally male driven society.
 To increase productivity of agriculture.
 To see that everyone can have a right on a piece of land.
 Protection of tribal by not allowing outsiders to take their land.
Impact of land reforms
Agricultural Productivity
 Earlier large tracts of wasteland belonging to zamindars/ big farmers remained uncultivated. These lands were given to landless
labourers as a result of which there is increase in area under cultivation leading to food security.
 Equal distribution of land will encourage intensive cultivation resulting in increased agricultural production leading to higher
production levels.
 Some farm management studies conducted in India testified that small farms yielded more production per hectare. It is so
because family members themselves cultivate small farms.
  Even one hectare of land is also an economic holding these days on account of improvement in agricultural technique. Hence,
small size of holding due to ceiling will not have any adverse effect on agricultural production.
 Atleast some of the Land owners shifted to direct ‘efficient’ farming in order to get ‘exemption’ from land ceiling.
 Consolidation of landholdings ensures that small bits of land belonging to the same small landowner but situated at some
distance from one another could be consolidated into a single holding to boost viability and productivity.  
Social Equity
 In a land-scarce country with a significant section of the rural population below the poverty line, the case for ensuring that
everyone has access to some minimum amount of land seems compelling from   the  point  of
 In a rural economy, whoever controls land, controls the power.
 The tenancy laws have given the tillers protection from exploitation by providing them security of tenure and fixing maximum
chargeable rents.
 Land ceiling reduced this power inequality among villagers.
 The intermediary rights have been abolished. India no longer presents a picture of feudalism at the top and serfdom at the
bottom.
 Promoted spirit of cooperation among villagers.
 It will help develop cooperative farming
Problems in implementation of land reforms
Weaknesses with the zamindari abolition
 The absence of adequate land records made implementation of these acts difficult.
 Personal cultivation: ‘Personal cultivation’ was very loosely defined which led to not only those who tilled the soil, but also
those who supervised the land personally or did so through a relative, or provided capital and credit to the land, to call
themselves a cultivator.
 Moreover, in states like Uttar Pradesh, Bihar and Madras there was no limit on the size of the lands that could be declared to be
under the ‘personal cultivation’ of the zamindar
 Zamindars resorted to large-scale eviction of tenants, mainly the less secure small tenants.
 Even after the laws were enacted the landlords used the judicial system to defer the implementation of the laws.
 Zamindars refused to hand over the land records in their possession, forcing the government to go through the lengthy procedure
of reconstructing the records.
 Implementation of the law was made difficult with the collusion between the landlords and lower-level revenue officials.  
Weaknesses of tenancy reforms
 The provisions introduced to protect the small landowners were misused by the larger landlords with the active connivance of
the revenue officials.
 The inordinate delays in enacting and implementing the legislations
 Voluntary surrenders by tenants also took place as they were ‘persuaded’ under threat to give up their tenancy rights
‘voluntarily’.
 No tenancy rights to sharecroppers.
 Most tenancies were oral and informal andwere not recorded.
 Providing security of tenure to all tenants, met with only limited success.
 The Green Revolution which started in some parts of India in the late 1960s aggravated the problems, with land values and
rentals rising further.
 The acquisition of ownership rights by tenants was achieved only partially.
 Even today 5% farmers hold 32% of land holdings.
 The right of resumption and the loose definition of ‘personal cultivation’ was used for eviction of tenants on a massive scale.
 Voluntary surrenders by tenants also took place as they were ‘persuaded’ under threat to give up their tenancy rights
‘voluntarily’.
 In West Bengal sharecroppers, known as Bargadars received no protection till as late as July 1970, when the West Bengal Land
Reforms Act was amended to accord limited protection to them.
 Most tenancies were oral and informal and were not recorded.
 Providing security of tenure to all tenants, met with only limited success. There were still large numbers who remained
unprotected. So reducing rents to a ‘fair’ level was almost impossible to achieve
Weaknesses in Land Ceiling Legislation
 Post-independence India had more than 70 per cent of landholdings in India  under 5 acres so the ceiling fixed on existing
holdings by the states were very high.
 In most states the ceilings were imposed on individual and not family holdings, enabling landowners to divide up their holdings
in the names of relatives or make Benami transfers merely to avoid the ceiling.
 Further, in many states the ceiling could be raised if the size of the family of the landholder exceeded five.
 A large number of exemptions to the ceiling limits were permitted by most states following the Second Plan recommendations
that certain categories of land could be exempted from ceilings.
Digitization of land records failed
 Insufficient data: Lack of clear and sufficient data and mismanagement between the various agencies handling land records, the
data registered at various government levels is not identical.
  Progress over the past decade has been uneven, with some states, such as Madhya Pradesh, Andhra Pradesh, Telangana,
Chhattisgarh, Tamil Nadu and Maharashtra, doing better than the others. However, there are challenges, even in advanced states
such as Maharashtra.
 New digitized land records do a good job in reflecting ownership of land,  but less so when it comes to recording encumbrances
and area of land parcels.
Weaknesses of consolidation of land holdings
 The programme failed to achieve its desired objective because the farmers are reluctant to exchange their lands for the new one.
 The arguments given by the farmers is that their existing land is much more fertile and productive than the new land provided
under land consolidation.
 The farmers also complained about nepotism and corruption in the process of consolidation.
 The farmers complained that the rich and influential often bribes and manage to get fertile and well-situated land, whereas the
poor farmers get unfertile land.
Failure of cooperative farming:
 Attachment with Land: The farmers are not willing to surrender the rights of land in favour of the society because they have
too much attachment with it.
 Lack of Cooperative Spirit: The spirit of cooperation and love is lacking among farmers. They are divided in various sections
on caste basis.
 Illiteracy: some of them are using the old methods of cultivation.
 Lack of Capital: The co-operative farming societies are also facing the capital shortage problem and these are unable to meet
the growing needs of agriculture. Credit facilities to these societies are also not sufficient.
 Re-Payment of Debt: Sometimes debt is not re-paid in time which creates many problems for the financial institutions. Some
members do not realize their responsibility and it becomes the cause of failure.
Success of land reforms
 The most successful of all reforms were the abolition of intermediaries like zamindars.
 There are enough studies to indicate that the quantum of absentee ownership in the 70s was much less serious than in the 50s.
Absentee ownership had reduced much more in un-irrigated areas, than in irrigated areas. The transfer of land under the fore-
warning impact of the tenancy and ceiling legislation to the resident cultivators was on a much larger scale in dry areas.
 The greed of the big landowners was kept in check.
 Collapse of the feudal structure.
 It led to an increase in the landless labour, as former tenants were driven out.
 Rich peasants preferred to avoid wage related disputes with the new labour and thus preferred more mechanization.
 Tenancy reforms were most successful in Kerala and West Bengal.
o In the late 1960s a massive program of conferment of titles to lands, to hutment dwellers and tenants were highly
beneficial.
o Operation Barga: In West Bengal Operation Barga was launched in 1978 with the objective of achieving the
registration of sharecroppers and provide them permanent occupancy and heritable rights and a crop division of 1:3
between landowner and sharecropper.
 Cooperatives and community development programs were started.
Factors responsible for the success of land reforms
 Political mobilization during freedom struggle was also based on agrarian issues. This political awareness and education
facilitated the acceptance of land reforms to advance the development of agriculture.
 Political will of government. The government enacted laws and constitutional amendments to overcome several hurdles. Across
political spectrum there was an acknowledgment and enthusiasm to facilitate these reforms.
 Kissan Sabhas and Farmers Associations also helped farmers organize themselves and raise their demands.
 The spirit of freedom struggle and attainment of Independence inculcated the feeling to usher in a new era in India, where
prosperity, growth and wealth where to be shared equally.
 Judicial backing and progressive interpretations of constitutional provisions aided in land reforms. Without abolishing Rights to
property as fundamental right and providing for the exception of land reform legislations through IX schedule it would have
been an uphill task to recognize land holdings.
Government initiatives
Digitisation of land records
 Making land records available to all, to contain/check property frauds, became one of the objectives of the government of India
in the late 1980s.
 To address the same, the Digital India Land Records Modernisation Programme (DILRMP)  was launched by the government
of India in August 2008.
 The main aim of the programme, was to computerise all land records, including mutations, improve transparency in the land
record maintenance system, digitise maps and surveys, update all settlement records and minimise the scope of land disputes.
 Digitisation would provide clear titles of land ownership that could be monitored easily by government officials, to facilitate
quicker transactions. This will also reduce construction timelines and the overall cost for the developer, the benefits of which
can be transferred to the consumer, making property prices more attractive.  
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
 Currently land acquisition is governed by the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 which came into force on January 1, 2014.
  Prior to this, the Land Acquisition Act, 1894 governed land acquisition
 
Model Agricultural Land Leasing Act, 2016
 Niti Aayog came up with the Model Agricultural Land Leasing Act, 2016. To review the existing agricultural tenancy laws of
various states, the NITI Aayog had set up an Expert Committee on Land Leasing headed by T Haque.
 The model Act seeks to permit and facilitate leasing of agricultural land to improve access to land by the landless and marginal
farmers.
 It also provides for recognition of farmers cultivating on leased land to enable them to access loans through institutional credit.
 The Prime Minister’s Office has set up a Group of Ministers (GoM) to resolve differences over the proposed Model Agricultural
Land Leasing Act, 2016.
Draft Model Contract Farming Act, 2018
 Contract farming- Draft Model Contract Farming Act, 2018 has been released to strengthen rules and regulations regarding this.
SWAMITVA scheme
On Panchayati Raj Diwas (April 24th), the Prime Minister of India launched ‘Swamitva Yojana’ or Ownership Scheme to map residential land
ownership in the rural sector using modern technology like the use of drones. The scheme  aims to revolutionise property record maintenance in
India. The scheme is piloted by the Panchayati Raj ministry. The residential land in villages will be measured using drones to create a non-
disputable record.
Property card for every property in the village will be prepared by states using accurate measurements delivered by drone-mapping. These cards
will be given to property owners and will be recognised by the land revenue records department.
Present Coverage Area: The program is currently being implemented in six states – Haryana, Karnataka, Madhya Pradesh, Maharashtra, Uttar
Pradesh and Uttarakhand. 
Benefits of the scheme
 The delivery of property rights through an official document will enable villagers to access bank finance using their property as
collateral.
 The property records for a village will also be maintained at the Panchayat level, allowing for the collection of associated taxes
from the owners. The money generated from these local taxes will be used to build rural infrastructure and facilities.
 Freeing the residential properties including land of title disputes and the creation of an official record is likely to result in
appreciation in the market value of the properties.
 The accurate property records can be used for facilitating tax collection, new building and structure plan, issuing of permits and
for thwarting attempts at property grabbing.
 
Need for and significance of the scheme
 The need for this Yojana was felt since several villagers in the rural areas don’t have papers proving ownership of their land.
 In most states, survey and measurement of the populated areas in the villages has not been done for the purpose of
attestation/verification of properties.
 The new scheme is likely to become a tool for empowerment and entitlement, reducing social strife on account of discord over
properties.
Concerns
 The Digital India Land Records Modernization Programme dashboard shows that land records in 90.1% of villages across the
country have been digitised across the country.
 An analysis shows that only 61% of these villages have digitised mutation records. And the remaining 39% records may have
digitised land records, but these have not yet been updated.
 Only 41% have a clear record of rights; maps have been linked in only 40% of the cases. Survey or resurvey work has been
completed in a meagre 11% villages.
 A property card may help secure credit, but without clear titles
 The large-scale tenancy that is envisioned to happen under the new farm reforms may not happen till the time the Centre rolls
out a comprehensive land titling law.
States’ initiative
 Digitization:
o First, the Bhoomi Project in Karnataka led the way even before the Union government got into the act. The state
government began to digitize land records at the turn of the century.
o Second, the Rajasthan legislature passed the Rajasthan Urban Land (Certification of Titles) Act in April 2016.
o Third, Andhra Pradesh has taken a leap into the future. Its state government has tied up with a Swedish firm to
use new blockchain technology to prevent property fraud.
 Tamil Nadu became the first state to pass Contract Farming Act, as per the central guidelines.
Co-operative farming and land reforms
Co-operative farming is a voluntary organization in which the farmers pool their resources. The object of this organization is to help each other in
agriculture for their common interests. In other word it is a co-operative among the farmers of limited means.
Co-operative farming and land reforms
 In India, majority of the holdings are too small. About 76.4 per cent of the total holdings in India are below the size of 2 hectares
and on these again 28.8 per cent of total operated area is engaged into these marginal and small holdings.
 Cultivation in such a small holding is uneconomic and unprofitable.
 Farmers retain their right to land.
 Cooperative farming enables them to consolidate their small units of land for better utilization.
  Solves the problem of sub-division and fragmentation of holdings.
Other benefits
 Use of Machinery: A poor farmer cannot purchase the machinery but a cooperative society can easily purchase the various
machines. The use of machines will not only reduce the cost of production but will increase the per acre yield.
 Supply of Inputs: A cooperative farming is in a better position to get the adequate and timely supply of essential agriculture
inputs like fertilizer and seeds.
 Creates Love and Brotherhood: A cooperative farming society creates the brotherhood and love for the members because they
work for their common interest.
 Fair Price of the Product: A co-operative farming society will bargain in the market and will sell the product at maximum
price. The income of the individual farmer will increase.
 Guidance and Training: A co-operative society guides the farmer to increase their efficiency and production.
Causes of failure of cooperative farming
 Attachment with Land: The farmers are not willing to surrender the rights of land in favour of the society because they have
too much attachment with it.
 Lack of Cooperative Spirit: The spirit of cooperation and love is lacking among farmers. They are divided in various sections
on cast basis. There is no unity among them, so they are not ready to become the member of the society.
 Illiteracy: In poor countries farmers are mostly illiterate and they are not ready accept any change in the cultivation process.
Still some of them are using the old methods of cultivation.
 Lack of Capital: The co-operative farming societies are also facing the capital shortage problem and these are unable to meet
the growing needs of agriculture. Credit facilities to these societies are also not sufficient.
 Dishonesty: The management of cooperative often turns out to be dishonest. The selfishness of the members make the
cooperative farming society ineffective.
 Loss of Independence: Under co-operative farming, farmers face loss of independence in their farming operation which the
farmers find it difficult to accept.
 Re-Payment of Debt: Sometimes debt is not repaid in time which creates many problems for the financial institutions. Some
members do not realize their responsibility and it becomes the cause of failure.
Measures needed
 The government must invest capital so that the cooperatives become capable to shoulder the responsibility of guaranteeing
purchase of crops at remunerative prices, it’s storage at Gram Sabha level, ensuring cheaper loans for rural families, providing
food grains to poor families under PDS .
 Kudumbashree of Kerala and AMUL model are successful models of cooperatisation and there is need to learn from it.
 One must keep in mind the class character of cooperatives and they must be formed on class basis. Cooperative agrarian
movement will resolve the questions of caste inequality, sex-based discrimination and environmental conservation.
 Agro-processing units may be installed so that their labour power may be deployed in productive activities other than
agriculture.
The cooperative farming has been tried successfully in various countries like United Kingdom, Germany, France and Sweden. The agricultural
cooperative movement would play a huge role in safeguarding democracy and it may play an inspirational role in mobilising the people in
unorganized sector and the youth. 
Way forward
 Adoption of model land leasing law as suggested by Niti Ayog to aid in drawing private investment to agriculture.
 Promoting cooperative farming by establishing cooperatives at village level.
 Governments providing the farm equipment’s and machineries on lease to small and marginal farmers to increase the
productivity
 Achieving the convergence of MNREGA with farming to address the issue of farm labour crisis haunting agricultural sector.
 Consolidation of land holdings so that huge machineries can be utilized
 FDI in agricultural sector
 Co-operative farming
 Use of land banks and land pooling
Land reforms have upheld the socialistic directive principles of state policy which aims at equitable distribution of wealth. 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.
However, there have been challenges which need to be overcome to attain the true objectives of Land reforms. The  pace of implementation of land
reform measures has been slow. The manifold problems of our land are to be solved through the introduction of a suitable land policy.
New and innovative land reform measures should be adopted with new vigour to eradicate rural poverty. Modern land reforms measures such
as land record digitisation must be accomplished at the earliest.
Thus, with an aspirational goal of India becoming a $5-trillion economy by 2025 the imperative need today is to unleash the power of land and
reap fruits by bringing about the much needed Land Reforms which are waiting to see the light of the 
Land Reforms
What are Land Reforms?
 Land reform refers to the equitable redistribution of land with the goal of increasing productivity and reducing poverty.
 It refers to the redistribution of land from the few who have it to the many who do not or own far too little of it.
 In the post-independent era, the land reforms were classified as
o The Abolition of the Intermediaries
o Tenancy Reforms
 o Fixing Ceilings on Landholdings
o Consolidation of Landholdings
Land Tenure system
Land Tenure system during British era
 The Zamindari System or The Permanent Settlement: This system established landlords who were tasked with collecting rent from
cultivators.
o The zamindars were used as go-betweens between the cultivators and the state.
o In the event that the zamindars failed to meet their obligations, the government could sell their estates to pay their debts.
 The Ryotwari System: The new system proceeded to make a revenue settlement directly with the tenants or cultivators, not permanently,
but temporarily, without the need for zamindars to be established.
 The Mahalwari System: Under this system, the entire village was treated as a unit, and the village lands were shared by the village
communities.
o "Primarily, each man cultivates and pays for himself, but he is ultimately responsible for his co-villagers and they for him; they
are ultimately bound together by a shared responsibility."
Need
Need for Land Reforms
 Extreme peasant indebtedness as a result of exorbitant taxation.
 The formation of a class of wealthy individuals who primarily exploited the poor peasantry.
 Peasants were constantly afraid of being evicted.
 Poverty was deeply ingrained in the farmer class.
Objectives
Objectives of Land Reforms
 From the beginning, land distribution has been a part of India's state policy.
 The abolition of the Zamindari system was perhaps the most revolutionary land policy of independent India (feudal landholding practices).
 India's land reform policy had two specific goals:
o The first is to remove any impediments to increasing agricultural production that arise from the agrarian structure that has been
passed down from generation to generation.
o The second goal, which is closely related to the first, is to "eliminate all elements of exploitation and social injustice from the
agrarian system.
o To provide security to the soil tiller, and to ensure equality of status and opportunity to all sections of the rural population.
History
History of Land Reforms
Pre Independence
 Farmers did not own the land they cultivated under the British Raj; instead, the land was owned by Zamindars, Jagirdars, and other
landlords.
 A number of significant issues confronted the government and posed a challenge to independent India.
 The land was concentrated in the hands of a few people, and there were a lot of middlemen who didn't have a vested interest in self-
cultivation.
 It was common practice to lease land.
 Tenancy agreements were expropriative in nature, and tenant exploitation was commonplace.
 Land records were in terrible shape, resulting in a slew of lawsuits.
 The land was fragmented into very small parts for commercial farming, which was one of the problems with agriculture.
 In the form of boundary lands and boundary disputes, it resulted in inefficient use of soil, capital, and labor.
Post Independence
 Under the chairmanship of J. C. Kumarappan, a committee was formed to investigate the land issue.
 The Kumarappa Committee recommended broad agrarian reforms in its report.
 The Land Reforms of Independent India consisted of four elements:
o The Abolition of the Intermediaries
o Tenancy Reforms
o Fixing Ceilings on Landholdings
o Consolidation of Landholdings.
 These were implemented in stages due to the need to establish a political will in order for these reforms to be widely accepted.
Components
Components of Land Reforms
Abolition of the Intermediaries
 The abolition of the zamindari system, which removed the layer of intermediaries between the cultivators and the state, was the first
significant legislation.
 The reform was relatively more effective than the others because it succeeded in taking away the zamindars' superior land rights and
weakening their economic and political power in most areas.
 The reform was enacted to help actual landowners or cultivators.
Advantages
 Almost 2 crore tenants became owners of the land they cultivated after intermediaries were abolished.
 The elimination of intermediaries has resulted in the extinction of a parasitic species.
  More land has been taken over by the government for distribution to landless farmers.
 The State now owns a large amount of cultivable wasteland and private forests that belonged to the intermediaries.
 Cultivators came into direct contact with the government after the law was repealed.
Disadvantages
 The abolition of the zamindari did not, however, eliminate landlordism, tenancy, or sharecropping systems, which persisted in many areas.
 In the multi-layered agrarian structure, it only removed the top layer of landlords was.
 It has resulted in mass evictions.
 Large-scale eviction has resulted in a slew of social, economic, administrative, and legal issues.
Issues
 While the abolition was legalized in the states of J&K and West Bengal, intermediaries were allowed to keep possession of lands under
their personal cultivation in other states without any restrictions.
 Furthermore, in some states, the law only applied to tenant interests such as spirit mahals and other similar structures, not to agricultural
holdings.
 As a result, even after the formal abolition of zamindari, many large intermediaries continued to exist.
 It resulted in large-scale evictions, which caused a slew of socioeconomic and administrative issues.
Tenancy Reforms
 After the Zamindari Abolition Acts were passed, the next major issue was tenancy regulation.
 During the pre-independence period, tenants paid exorbitant rents, ranging from 35 percent to 75 percent of gross produce across
India.
 Tenancy reforms were enacted to regulate rent, provide tenants with security of tenure, and give them ownership rights.
 Fair rent was set at 20% to 25% of gross production in all states except Punjab, Haryana, Jammu and Kashmir, Tamil Nadu, and some parts
of Andhra Pradesh with the enactment of legislation (the early 1950s) to regulate the rent payable by cultivators.
 The reform attempted to either outlaw tenancy altogether or regulate rents to provide tenants with some security.
 There was a radical restructuring of the agrarian structure in West Bengal and Kerala, which gave tenants land rights.
Fixing Ceilings on Landholdings
 The Land Ceiling Acts were the third major category of land reform legislation.
 In layman's terms, landholdings ceilings referred to a legal limit on how much land a single farmer or farm household could own.
 The purpose of imposing such a ceiling was to prevent land concentration in the hands of a few.
 The Kumarappan Committee recommended the maximum size of lands that a landlord could keep in 1942.
 It was three times the economic holding, or enough to support a family.
 By 1961-62, all state legislatures had passed land ceiling legislation. However, the ceiling limits differed by state.
 In 1971, a new land ceiling policy was developed to bring uniformity across states.
 The state was supposed to use these reforms to identify and take possession of surplus land held by each household (above the ceiling limit)
and redistribute it to landless families and households in other specified categories, such as SCs and STs.
Consolidation of Landholdings
 The reorganization/ redistribution of fragmented lands into one plot was referred to as consolidation.
 With a growing population and fewer job opportunities in non-agricultural sectors, land pressure has increased, leading to a growing trend
of land fragmentation.
 Because of the land fragmentation, irrigation management and personal supervision of land plots became extremely difficult.
 As a result, landholdings consolidation was implemented.
 If a farmer had a few plots of land in the village, under this act, those plots were consolidated into one larger piece of land, either by
purchasing or exchanging the land.
 Except for Tamil Nadu, Kerala, Manipur, Nagaland, Tripura, and parts of Andhra Pradesh, almost every state has passed legislation
allowing holding companies to merge.
 In Punjab and Haryana, land consolidation was required, whereas in other states, consolidation was permitted on a voluntary basis if the
majority of landowners agreed.
Way Forward
Way Forward
 The NITI Aayog and some industry groups are now arguing that land leasing should be adopted on a large scale to allow landowners with
unviable holdings to lease out land for investment, resulting in increased income and employment in rural areas.
 The consolidation of landholdings would help with this cause.
 Land record digitization, for example, is a modern land reform measure that must be implemented as soon as possible.
Conclusion
The pace at which land reform measures have been implemented has been slow. The goal of social justice, on the other hand, has been achieved to a
large extent. The rural agrarian economy, which is dominated by land and agriculture, benefits greatly from land reform. To eradicate rural poverty,
new and innovative land reform measures should be implemented with renewed vigor

Land Reforms in India Objectives, Importance, Implementation, Impacts

Land Reforms in India has a great role in the rural agrarian economy. Read full details of Land Reforms in India Objectives, Importance,
Implementation, Impacts, Measures etc. UPSC, PDF.
Land Reforms in India
 Land tenure reforms are the only ones covered by the term “land reforms.” The Latin word “teneo,” from which the term “tenure” is derived, means
“to hold.” Thus, the term “land tenure” is used to describe the circumstances surrounding the ownership of land. Since they aim to end exploitative
relationships marked by stark inequalities between wealthy landowners and destitute peasants without security of tenure, land reforms are seen as a
tool for social justice.
By placing limits on the extent of holdings that a family can acquire, it takes a step against the accumulation of landholdings in the hands of a small
number of absentee/non-cultivating proprietors. Although redistribution of land is the common understanding of land reforms, their scope is far
broader. They primarily consist of five:
 Eliminating intermediate tenures;
 Rent reforms;
 Distribution of surplus land and a ceiling on land holdings;
 Holdings consolidation; and
 Gathering and maintaining land records.
Reasons of Land Reforms in India
India’s state policy has always included land distribution. The elimination of the Zamindari system was maybe the most significant land policy in
independent India (feudal landholding practices). India’s land-reform programme had two main goals: “The first is to remove such impediments to
increase in agricultural productivity that result from the agrarian structure inherited from the past. The second goal, which is closely related to the
first, is to eradicate all forms of social injustice and exploitation within the agrarian system, to protect those who work the soil and guarantee equality
of opportunity and status for all groups of rural residents. Introducing Land Reforms in India had the following objectives:
 Redistribution of land so that it is not controlled by a small number of individuals.
 A land ceiling that distributes surplus land to marginal and small farmers.
 The reduction of rural poverty.
 Elimination of middlemen
 Tenancy reforms
 Increasing production in agriculture.
 The consolidation of land ownership and the avoidance of fragmentation of the land.
 Promoting cooperative agriculture.
 To promote economic parity and social equality.
 Tribal protection by preventing outsiders from claiming their ancestral lands.
 Land reforms were also implemented for industrial and commercial growth.
Impact of Land Reforms in India
Elimination of Middlemen such as Landlords
Zamindars and Jagirdars, two strong classes, vanish from existence. This lessened the exploitation of the peasants because they now owned the land
they farmed. The Zamindars, who used numerous strategies to get around the law, bitterly opposed this action. They used their relatives’ names when
registering their own land. In order to prevent renters from acquiring incumbency rights, they routinely moved tenants among other land parcels.
Land Ceiling
A family or individual was only allowed to own a certain amount of land, making it somewhat possible to distribute land fairly. The land reforms
would not have been at least partially effective if only landlords were abolished and there was no land ceiling. The existence of the land ceiling
prevented wealthy farmers or higher-class tenants from assuming the role as new avatar Zamindars.
Possessing Land
Land is a source of social stature in addition to economic wealth. Prior to the implementation of land reforms, it was not required to keep ownership
documents. Additionally, it is required to record all tenancy agreements.
A Rise in Productivity
Since tillers themselves became the landowners, more land was put under cultivation, which boosted production.
Because of the left-wing governments’ political commitment to successfully implementing land reforms, it was generally effective in West Bengal
and Kerala. Regarding ownership and landholding practices, as well as the state of the peasantry, there was a form of revolution in these regions.
“Land to the tiller” was the campaign’s rallying cry. Additionally, the redistribution of land to landless labourers saw some success in Jammu and
Kashmir.
Importance of Land Reforms in India
The encouragement of landowners and growers is the main driver driving these land reforms. If the government can promise to safeguard them (from
exploitation) and provide them with financial help, these farmers are willing to put in the grueling effort. He may establish credit and completely
develop his land once he is really handed possession.
The main advantage of such land reforms is that they increase the country’s agricultural output. Without a substantial input of governmental funding,
this is accomplished. India already struggled to provide for its own food needs. These land modifications provide a cost-free way to increase the
production of grains and other agricultural goods on farms. The farmer will also sell the extra produce to the market once he has enough to eat to help
the economy.
The government and farmers’ relationships improved as a result of these land reforms. Under British rule, these farmers were badly exploited, which
resulted in their disenfranchisement. These adjustments made it possible for farmers and the government to connect. Together, they strengthened the
agriculture sector of our economy.
One of the key goals of the Five Year Plan, equity, was also realized through land reforms. For the millions of farmers in the country, it provided
social justice. It encouraged wealth equality and made sure farmers benefited from their own labour. When India became independent from the
colonial authority, it was given a framework that was rather feudal and agrarian. Most of the land and its ownership were in the hands of a small
number of powerful landowners and zamindars. India has made a number of efforts since achieving independence to get rid of the corrupt system and
give the farmers greater power. To better enhance agricultural development, certain measures were implemented:
 Cutting out middlemen: The Zamindari system was done away with. The “Property to Tillers” policy, which recognised landowners’ rights to have
their land worked, encouraged more investment in agriculture.
 Tenancy rules were changed to confirm tenants’ rights to occupy space and set a cap on the amount of rent that could be demanded. Additionally,
this encouraged farmers to take the initiative to increase farm output.
 Rearranging land holdings: Land ceiling legislation was passed to set a restriction on the amount of land a person may own. It was only partially
effective because it was only able to reorganize 2% of the region.
 Support for the Boodhan and Sarvodaya moment: They advised individuals to think about donating land for the benefit of people.
 Consolidation of land holding: To increase production, this measure was implemented. Punjab and Haryana succeeded, whereas the South and
Eastern States failed.
 Collective cooperative farming: In order to benefit from economies of scale, it was proposed to merge the diverse land holdings within village
communities. People were unwilling to sell their land, hence it was unsuccessful.
 National Land Records Modernization Program: The National Land Records Modernization Program, which launched in 2008 and aims to
upgrade and digitize land records, has increased transparency and made clear who owns what land.
Implementation of Land Reforms of India
In the manufacturing process that combines labor and land, it has been observed that land ownership turns into a determining factor. The quantity and
distribution of agricultural products are thus impacted. Land reforms aim to change the socioeconomic standing of the people that is dependent on
agriculture in various ways. The quality and amount of agricultural lands being used productively is crucial to growth for nations with a significant
agricultural base.
In India, the goal of land reform was to promote equity in the ownership of land by transferring it from the rich to the poor. Large disparities and
inconsistencies in the distribution of agricultural lands in India led to rural residents’ discontent and rebellion. India has implemented a number of
land reforms since gaining its independence in order to give farmers more authority. The following are some crucial actions:
 The Zamindari system’s abolition and the acknowledgement of peasants’ ownership rights to the land.
 Reforms to tenancies that recognize tenants’ use of real estate and control the setting of rent.
 A drive and plea to landowners to donate arable land for the benefit of the populace and society.
 Updated records under the National Land Records Modernization program will increase transparency in the declaration of land holdings.
Advantages of Land Reforms in India
 After intermediaries were eliminated, nearly 2 crore tenants became owners of the land they farmed.
 A parasitic species has become extinct as a result of the removal of middlemen.
 The government has taken over more land to give to farmers who lack access to land.
 Private woodlands and substantial tracts of arable wasteland that belonged to the intermediaries are now mostly owned by the State.
 After the law was repealed, cultivators had direct communication with the government.
Disadvantages of Land Reforms in India
 Sharecropping, landlordism, and other institutions survived in many places despite the end of the zamindari.
 Only the top layer of landlords was removed from the multi-layered agricultural structure.
 It led to widespread evictions.
 There are several social, economic, administrative, and legal problems as a result of mass eviction.
Measures of Land Reforms in India
Following Independence, the government established the Agrarian Reforms Committee, which J.C. Kumarapppa, for doing a thorough analysis of the
country’s current agrarian relations. The group suggested that all middlemen between the state and the tiller be abolished and that, subject to certain
restrictions, the tiller should own the land.
Various measures through which the land reforms were achieved are:
Removal of Zamindari
The zamindari system was abolished as a result of this reform in the 1950s, which also recognised the peasants’ “occupancy rights” (i.e., who the
land actually belongs to). It did not, however, acknowledge the rights of the tiller.
Due to political will and a strong rural mass social base, it was successful in states like West Bengal and Kerala, but failed in other states due to a
lack of political will, bureaucratic indifference, corruption, and zamindar influence over the implementation process.
Tenancy Rights
Tenant rights were recognized in the land reforms that followed. The Second Five Year Plan proposed that eliminating intermediary tenures and
placing tenants in a direct line of communication with the government would restore the landowner to his proper position in the agrarian system and
provide him full incentives to boost agricultural output.
Land Ceiling
The legal limit size beyond which no individual farmer or farm household may hold any land is referred to as the “ceiling on land holdings.” The
goal of such a ceiling, like all other land reform initiatives, is to advance economic growth while upholding social justice.
By the end of 1959, all states were to have enacted agrarian legislation limiting the extent of land holdings, according to the Nagpur Resolution of the
Indian National Congress. As a result, all state governments in the 1960s set maximum land holdings, with the exception of the north-eastern region.
Consolidation of Land
Consolidation of holdings is the process of amalgamating and redistributing scattered land in order to combine all of a cultivator’s plots into a single,
manageable block. However, with the exception of Punjab, Haryana, and western Uttar Pradesh, the progress gained in terms of holding
consolidation was not very good due to a lack of significant political and administrative backing.
Challenges of Land Reforms in India
Regarding land use planning, India is currently in a precarious situation. The output of food grains increased by approximately four times in the
decades following independence, but there is an increasing shortage of rice, pulses, and oilseeds. Lacks of pastureland, a lack of fuel, and a rapid loss
of forest resources are taking on serious proportions. Ecological imbalances caused by numerous development projects, such as soil erosion, dams
that are being built quickly, a lack of groundwater, contamination of the land and water, water logging, etc., are getting worse and are negatively
hurting agricultural output. The importance of land as a source of livelihood for social justice, human dignity, subsistence, and life has largely been
lost:
Shifting Economic Imperatives
 The goal of national economic development should be to improve everyone’s quality of life inside a specific country. But the question still stands:
Does the current paradigm of development meet these requirements? The opposite seems to be true: “Development has become a major business,
focused more with its own expansion and imperatives than with the people it was initially created to serve.”
Maintaining Ecological Balance Forests
Forests: An ecological balance between the percentage of land set aside for forestry, agriculture, and non-agricultural uses has been argued for
above. Exploring the connections between rural poverty, landlessness, and unequal land tenure systems is necessary, paying special attention to the
issues with deforestation. The loss of forests will always upset the natural balance. This has been clearly connected to cyclical patterns of droughts
followed by floods.
Land Degradation: Land deterioration and soil erosion are also influenced by land use patterns. Given the ecosystem’s fragility and the degradation
of the land quality brought on by this reliance on chemical inputs, future land-use decisions must take care to avoid overusing groundwater.
Preserving Human Diversity
The idea of land as a commodity is prevalent among communities like those of numerous tribal groups in India, who typically lack a formalized
system of property rights. Because many tribal communities, or 7% of all Indians, reside in resource-rich areas, the question of land use is raised in
this context. Therefore, accessing and controlling the land or its mineral wealth is of great interest to both the government and the corporate sector.
Tribal communities have been systematically deprived of their land as a result of this process, and they are typically unable to seek compensation
since they lack formal documentation proving their ownership. Since independence, it is estimated that over 20 million people have been uprooted by
significant projects (such as dams and railroads), with indigenous communities making up the majority of those affected.
Complexities of Common Property
Regimes Resources that are controlled and managed as common property, both natural and artificial, create additional difficulty in the context of
land-related issues. Common property, such as woods, grazing grounds, water, and fisheries, can also be held and managed under a community
resource management system in addition to private property or property owned and controlled by the state.
Land Reforms in India UPSC FAQs
Q What are the main land reforms in India?
Ans. Four key elements of land reform were considered major policy initiatives in the development of the land policy immediately following
Independence. These comprised:
1. The abolition of intermediaries
2. Tenancy reforms
3. Fixing ceilings on land holdings
4. Consolidation of landholdings
Q What are land reforms explain?
Ans. Land reform is the deliberate alteration of the ownership or tenure of agricultural land, the cultivation practices used, or the relationship between
agriculture and the rest of the economy. These kinds of reforms may be announced by a government, by interested parties, or by a revolution.
Q What is land reform in India UPSC?
Ans. Land redistribution from rich to poor is typically referred to as a land reform. Regulation of Land Ownership, Use, Operation, Leasing, Sale,
and Inheritance.
Q Who started land reforms in India?
Ans. J. was the chairman of a committee. C. Kumarappan was chosen to investigate the land issue. The report of the Kumarappa Committee
advocated extensive agrarian reform initiatives. The Abolition of the Intermediaries was one of four parts of the Indian government’s land reform
program.
Q What is the main aim of land reform?
Ans. The primary political goal of land reform is the abolition of feudal or colonial systems of land ownership, frequently accomplished by removing
land from powerful landowners and giving it to poor, landless people.

All about West Bengal land reforms Act

The Land Reform Act applies to initiatives to change how land is owned and governed in India. A government-initiated or -backed property
redistribution, typically of agricultural land, is called land reform. Therefore, the land reform act can refer to the transfer of ownership from the
powerful to the weaker, such as from a limited group of affluent or aristocratic owners with extensive land holdings to an individual request by
individuals who labor the land. Such ownership transfers may be made with or without compensation, and the latter might range from small sums to
the entire land value. 
Land reform can also partition government-owned collective farms and smallholdings, or it can refer to transferring land from individual ownership
—even peasant ownership in smallholdings—to government-owned collective farms. But all land reforms share one thing in common: they change or
replace the institutional frameworks that now control who owns the land and how it is used. So, although land reform may be radical, such as through
extensive property transfers from one group to another, it can also be less dramatic, such as regulatory reforms to improve land administration. 
However, any modification or reform of a nation’s land laws can still be a highly political process because changing land policies affect how
communities interact with one another, with the State, and with one another. As a result, even minor legal and land reform initiatives may spark
heated debate or violence. 
West Bengal Land Reforms Act  
In West Bengal, the Land Reforms Act is the primary piece of legislation addressing land reform and land rights. Although the Land Reforms Act
addresses several land-related issues, it is mainly notable for: 
West Bengal, the property buyer has to pay stamp duty and registration charges applicable on the sale of the property, to the West Bengal Property &
Land Registration Department. A
Rights and obligations of landowners  
According to the LRA, a “landowner” is any individual or organization that owns the land for any use. Landowners can typically transfer their
property through sales, gifts, bequests, exchanges, and various types of mortgages. In essence, the  West Bengal Land Reforms Act assumes that
landowners may engage in any transfer unless expressly prohibited by the law. These transactions must be made in writing and documented. 
Landowners who breach the law’s restrictions on how they might utilize their property risk losing it altogether. Landowners are specifically required
to “personally cultivate” their land and cannot:
 1. Lease out any portion of their property.
2. Use it for any purpose other than that it is held or settled.
3. Use it for any other purpose without the District Collector’s prior written consent. 
Personal cultivation is work done on the land by the landowner themself, family members, or any servants or laborers paid in cash or in-kind. In
addition, the landowner or a member of the landowner’s family must spend most of the year in the area where the land is located, and produce from
the land must be the primary source of the landowner’s income to meet the criteria of personal cultivation. The land vests in the State and the State
are responsible for paying the landowner if these conditions are not satisfied for three years. After that, however, the compensation is far below the
market worth of the land. 
Landowners must also take care of their property to prevent degradation, character changes, and conversion to uses other than those for which it was
initially established or previously held unless they have the explicit consent of the Collector. Although severe, the penalty for breaking this rule does
not include land forfeiture. Instead, the punishment for breaking the law is three years in prison and a fine of up to 1,000 rupees. 
 Rights and obligations of Bargadars (Sharecroppers)  
Bargadars are given specific protection under the West Bengal Land Reforms Act, including the ability to carry on cultivating. These rights, which
must be listed in the record of dues, can be passed down the generations but cannot otherwise be transferred. 
Unless they are related to the landowner, everyone legally cultivating any land that belongs to another person is assumed to be a bargadar. No other
state’s legislation has this particular element that distinguishes the West Bengal Land Reforms Act. It places the burden of proof on the landowner
to demonstrate that a person working on their property is not a bargadar. 
Only if the cultivator is also a member of a Scheduled Tribe is the cultivator eligible to claim bargadar status when the landowner belongs to a
Scheduled Tribe. 
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 Regularization and limitation of share payments 
According to the LRA, bargadars must turn over half of their harvest if the landowner furnishes the plow, animals, manure, and seeds required for
cultivation and 25% of their crop in all other circumstances. The landowner shall deliver to the bargadar a written receipt upon payment.
 Landowners are restricted in their capacity to revoke the agricultural rights of bargadars 
Only the following situations will result in the termination of a Baradar’s right to cultivate land:
1. The bargadar is not using the land for agricultural purposes or is not producing it.
2. The bargadar is not personally acquiring the land.
3. The bargadar failed to tender the full extent of the share.
4. The landowner needs the land for personal cultivation.
Notably, the concept of personal cultivation for this clause excludes cultivation by servants or laborers. Furthermore, only an order issued by a state-
appointed entity has the power to revoke a Baradar’s right. 
Suppose the termination would leave the landowner with more than 7.41 acres or would leave the bargadar with less than 2.47 acres. In that case, the
landowner cannot terminate the Baradar’s cultivation right. The land vests in the State if the landowner fails to cultivate it personally within two
years of the termination date or permits another person to do so. A bargadar may request their cultivation privilege reinstated if a landowner
improperly ends it. The application must be filed no later than two years after the termination date or two years after the effective date of this
provision. If more than one candidate applies, the bargadar who farmed the land the longest may resume.
 Surrender by the bargadar  
A bargadar is free to give up their right to cultivate, but a state-appointed officer must assess whether or not the surrender was genuinely voluntary.
The proprietor must give control of the property to someone prepared to develop it as a bargadar, even if the transfer was voluntary.
 The most land a bargadar is permitted to cultivate 
The maximum amount of land a bargadar may cultivate, including owned and barga land, is 9.88 acres. If a bargadar cultivates more than this, the
State will be entitled to the remainder of the crop grown on the extra land. A different person is willing to acquire the ground as a bargadar must be
given the land by the landowner who owns the excess land that the bargadar uses for farming. 
Preemptive purchase rights of Bargadars and adjoining landowners  
According to the West Bengal Land Reforms Act, bargain hunters have the first preemptive right to buy any land sold. The neighboring landowner
with the most extended common boundary has priority over the other landowners if the bargadar does not accept the property. Transfers made via
bequest, gift, mortgage, exchange, partition, for charity or religious reasons, or in favor of a bargadar are all exempt from this clause’s application.
Additionally, the rule does not cover transfers involving considerations other than money. 
The State may create a “state land corporation” and one or more “regional land corporations” under the LRA. These organizations may lend money
to bargadars to use this preemptive purchase power to buy land. The land company sets the price based on the market worth of the ground if the
bargadar and landowner cannot reach an agreement on a price of their choosing. These Act clauses do not seem to be being used yet. 
When a bargadar declines to buy an owner’s land, the state land corporation may, at the owner’s request, offer the land to a buyer who qualifies for
section 49 land purchases, which is typically a landless or almost landless individual. 
Unlike laws in some other states like Karnataka, the West Bengal Land Reforms Act does not offer bargadars the right to become owners of the
barga land without the owner’s consent. Even though bargadars are given first rights to buy barga land if the landowner wishes to sell the land.
Unless the landowner voluntarily sells the property, the law appears to envision an everlasting relationship between the bargadar and the proprietor.
Ceiling on holdings  
With a few minor exceptions, no landowner can own more land than the allowed amount. Significantly, the LRA includes non-agricultural land in its
definition of “land.” West Bengal is the only Indian State to use such a broad term of “land” in its land reform legislation. The intention is to stop
landowners from reclassifying agricultural land as non-agricultural to break the law. Additionally, unlike most other states, the ceiling limit only
applies to privately owned land; it does not apply to leased land. 
For an adult, single owner, the ceiling area ranges from 6.2 “standard acres” to a maximum of 17.3 “standard acres” for an owner with a nine-person
family. For irrigated land, a “standard acre” is 1 acre, and for all other types of property, 1.4 acres. Other Indian states use “families” of up to five
people as the application unit rather than individuals. West Bengal is one of two Indian states where the ceiling area is reduced if the number of
family members is less than five. 
The total ceiling limit has a few small exceptions:
1. The state government may extend the ceiling area if the land is used for charity or religious reasons.
 2. The State may also permit landowners to hold more than the maximum amount of property if they want to build a township, factory,
workshop, dairy, animal farm, poultry farm, or tea garden.
3. The ceiling does not apply to local authority-owned property or land in the hills close to Darjeeling. 
Any land transferred after August 7, 1969, before the 1971 amendment is included in the calculation of the size of the landowner’s holding as if the
land had not been transferred or partitioned to prevent landowners from anticipatory land transfers to avoid the ceiling. Genuine transfers or partitions
are exempt from this provision. Transfers to a specific set of family members are assumed to be fraudulent. 
Landowners with more land than the allowed amount must submit a document to the revenue officer with detailed descriptions of the land they
intend to keep and the additional land. Owners of the land that exceeds the ceiling area are prohibited from selling, giving away, or parting any of
their lands until the excess has been ascertained and the State has taken ownership of it unless specifically authorized in writing by the Revenue
Officer. Landowners with more than the maximum amount of land are subject to up to two years in prison and a fine of 5,000 rupees if they refuse to
provide the required paperwork without a valid reason or willfully make an error. The Revenue Officer decides which property will vest in the State
and takes possession after receiving the paperwork. 
Every piece of land over the ceiling area becomes fully vested in the State. A landowner’s surplus is holding vests in the State if it ever surpasses the
ceiling after the LRA’s start. If a bargadar is cultivating ceiling surplus land, their right to do so is revoked on land larger than one acre. Any land less
than an acre in size belongs to the bargadar. The West Bengal Land Reforms Act does not mention the bargadar being compelled to compensate the
owner or the government for this land. Landowners whose extra land becomes state property must receive compensation from the government. If the
land has been assessed, they are entitled to 15 times the land revenue. They are entitled to 135 rupees per acre in cases where land revenue has not
been considered. The prescribed compensation is significantly less than the market value in both scenarios. 
Distribution of vested land  
The rules for how the state government should divide the land that became its property either because it exceeded the cap or was utilized unlawfully
are outlined in Section 49 of the LRA. People who live in the community where the property is located and who, with their family, possess either no
land or less than one acre of agricultural land receive such land free from the State. Before the West Bengal Land Reforms Act, land distribution to
proprietors with less than 2.47 acres was permitted. However, the “one-hectare” limit was changed to a “one-acre” limitation in the LRA in 1980 to
better focus the advantages on the landless and most minor landowners. 
The State may distribute vested land for public purposes. Such as founding, upkeep, or preservation of any educational or scientific institution or
industry, in addition to providing it to the landless or nearly landless—half of the land that a family cultivates as bargadars counts toward the total
quantity of land ownership. A grantee of agricultural land must have a farming use in mind. Those who receive homestead land grants must not
already have a homestead there and intend to do so. Landless households, people from Scheduled Castes and Scheduled Tribes, and people who
organize themselves into cooperative societies are given preference among qualified people. 
Anyone who has a family member “engaged or employed in any business, trade, endeavor, manufacture, calling, service, or industrial profession” is
not eligible to receive land under Section 49. However, this caveat does not apply to fishermen, craftspeople, or agricultural employees. In addition,
the West Bengal Land Reforms Act severely restricts a grantee’s ability to transfer the land. Such land may not be sold, gifted, exchanged, or leased
by the grantee. 
A grantee may only transfer their land in the following ways, excluding transfers by inheritance: 
1. By a simple mortgage
2. Through a mortgage that entails the delivery of title deeds to specific financial institutions or cooperative organizations listed in the  West
Bengal Land Reforms Act.
3. Furthermore, these mortgages can only be used to secure loans to improve agricultural production, develop land, or build a residence. 
 
Restrictions on alienation of land by members of Scheduled Tribes  
By limiting their ability to transfer the property they hold, Scheduled Tribe members’ interests are protected, according to one of the LRA’s goals. 
Any transfer by a landowner who is a member of a Scheduled Tribe is void, with the following exceptions:
1. A complete usufructuary mortgage with a Scheduled Tribe member for less than seven years.
2. Sale or gift to the government for a public or charitable purpose.
3. Simple mortgage to the government or a registered cooperative society.
4. Simple mortgage or mortgage by deposit of title deeds in favor of a scheduled bank, a cooperative land mortgage bank, or a corporation
owned by the government for land development or improvements.
5. A gift or bequest to a member of a Scheduled Tribe.
6. A sale or exchange to any member of a Scheduled Tribe. 
Members of Scheduled Tribes are occasionally permitted to sell their property to anyone with the Revenue Officer’s prior approval. The Revenue
Officer may set aside transfers against the West Bengal Land Reforms Act or obtain them through fraud or deceit. Unless the transferee has been in
continuous possession of the land for 30 years, anyone who wrongfully owned tribal land may be expelled from it. However, a transfer will stand if
the transferor owns or cultivates more than 9.88 acres of land and the transferee retains less than one acre.
Land consolidation  
Several land consolidation-related clauses in the LRA have, for the most part, not been put into practice. For example, the  West Bengal Land
Reforms Act allows the government to buy land to combine holdings into manageable chunks. As an alternative, consolidation can be done if seven
or more landowners, each of whom owns no more than one acre of land, request it. 
The West Bengal Land Reforms Act stipulates that payment must be made for these acquisitions, but it does not mention the payment amount.
These clauses are still essentially unimplemented. Similar to this, the LRA stops land from being divided up. To prevent fragmentation, the state
government creates a “standard area,” which varies by locality and land quality. Legally, landowners are not permitted to divide their property into
pieces smaller than the “standard area.” 
Formation of Co-operative Farming Societies  
Cooperative farming societies and cooperative standard service organizations may be established, registered, and eligible for government subsidies
under the West Bengal Land Reforms Act. However, due to a lack of organized grassroots demand from farmers for societies, these measures have
also not been routinely implemented. A cooperative agricultural group can be established by seven or more landowners who already hold or want to
purchase property in a compact block. 
All member properties that comprise a compact block after registration, except homesteads, vest in the society. A member who transfers ownership
of their land to the cooperative is compensated with shares of equal value. In addition, a joint may receive concessions from the government, such as
a decrease in revenue assessments, free seed, and manure supply for the first three years, discounted rates, free technical advice from state
government experts, financial assistance, and arrangements for better marketing. 
Moreover, any group of seven or more people who each own, cultivate, or possess up to one acre of land is eligible to create a cooperative everyday
service society. However, the West Bengal Land Reforms Act does not allow for the vesting of land in the harmonious common service society,
unlike in the case of cooperative farming organizations. 
Maintenance Of Land Records  
A land rights record-keeping system can be created and managed according to the LRA’s regulations. In particular, the data below must be
documented and kept current:
1. A change in ownership due to a gift, inheritance, or transfer.
2. The division, exchange, or consolidation of land.
3. The creation of cooperative farming societies.
4. The settlement of new lands or holdings.
5. A change in revenue.
6. A change in the mode of cultivation, such as when a bargadar starts or stops cultivating the land.
7. Such other causes necessitate a difference in the record of rights. 
Land Reform Act Administration and implementation in West Bengal  
Success in the land reform act cannot be attained solely through enacting supportive and carefully worded legislative provisions. Such regulations
must be applied appropriately and managed. The success of West Bengal’s land reform act has been dramatically influenced by administration and
implementation. West Bengal has made considerable progress, especially in the late 1960s and since 1977, not only in revising the law to narrow
loopholes and increase the possibility for success but also in putting the land reform laws and policies into practice. 
 
FAQs 
In what year was the West Bengal Land Reform Act passed?
The West Bengal Land Reform Act implementation was in 1955.
According to the WB Land Reforms Act of 1955, what rights are granted to raiyats?
By Section 4(3) of the West Bengal Land Reforms Act of 1955, a raiyat was permitted to keep 25 acres of land, excluding his homestead. The West
Bengal Land Reforms (Amendment) Act, 1971, and later the West Bengal Land Reforms (Amendment) Act, 1972, both deleted subsection (3) of
section 4 of the law.
Who is a Bargadar, according to the West Bengal Land Reforms Act of 1955, is defined.
As a result, the Bargadar is responsible for paying all expenses associated with farming the land and employing workers. As a result, the Bargadar are
frequently referred to as Bhags or Abhidhagas, who farm other people's lands.
What changes have been made to agriculture in West Bengal?
In West Bengal, how many acres of land may one own?
According to the West Bengal Land Reforms Act, the maximum amount of agricultural land privately owned in the State is 17.5 acres for irrigated
regions and 24.5 acres for purely rainfed areas. In metropolitan areas, private ownership is limited to 7.5 cottages or one-eighth of an acre.

Land Acquisition Act, 1894 (Definitions and Features)

Land Acquisition Act, 1894 (Definitions and Features):
Land Acquisition in India refers to the process by which the union or the state government in India acquires private land for the purpose of
industrialization, development, of infrastructural facilities or urbanization of the private land, and provides compensation to affected land owners and
their rehabilitation and resettlement.
Definitions:
In this Act, unless there is something repugnant in the subject or context:
1.Land : “Land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth.
2.Local Authority: “Local Authority” includes a town planning authority (by whatever name called) set up under any law for the time being in force.
3.Person Interested: “person interested” includes all persons claiming an interest in compensation to be made on account of the acquisition of land
under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land.
4.Collector : “Collector” means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the
[appropriate Government] to perform the functions of a Collector under this Act.
5.Corporation Owned or Controlled by the “State” : “corporation owned or controlled by the “State” means any body corporate established by or
under a Central, Provincial or State Act, and includes a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), a
society registered under the Societies Regulation Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, being
a society established or administered by Government and a co-operative society within the meaning of any law relating to co-operative societies for
the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the
Central Government, or by any State Government or Governments or partly by the Central Government and partly by one or more State
Governments.
6.Court : “Court” means a principal Civil Court of original jurisdiction unless, the [appropriate Government] has appointed (as it is hereby
empowered to do) a special judicial officer within any specified local limits to perform functions of the Court under this Act.
7.Company:
a.A Company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company in point no. 5.
b.Society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State,
other than a society referred to in point no. 5.
c.A Co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-
operative society referred to in point no. 5.
8.Appropriate Government : “Appropriate Government” means, in relating to acquisition of land for the purposes of the Union, the Central
Government, and, in relation to acquisition of land for any other purposes, the State Government.
9.Public Purpose: “Public Purpose” includes
i.The provision of village-sites, or the extension, planned development or improvement of existing village-sites.
ii.The provision of land for town or rural planning.
iii.The provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent
disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned.
iv.The provision of land for a corporation owned or controlled by the State.
v.The provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons
displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or
controlled by the State.
vi.The provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority
established by Government for carrying out any such scheme, or with the prior approval of the appropriate Government, by a local authority, or a
society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a
co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State.
vii.The provision of land for any other scheme of development sponsored by Government or with the prior approval of the appropriate Government,
by a local authority.
viii.he provision of any premises or building for locating a public office, but does not include acquisition of land for companies.
10.Entitled to Act : The following persons shall be deemed person “entitled to act” as and to the extent hereinafter provided (that is to say):
a.Trustees for other persons beneficially interested shall be deemed the person entitled to act with reference to any such case, and that to the same
extent as the person beneficially interested could have acted if free from disability.
b.A married woman, in cases to which the English law is applicable, shall be deemed the persons, so entitled to act, and whether of full age or not, to
the same extent as if she were unmarried and of full age; and
c.The guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the
same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted.
Features of Land Acquisition Act are as follows:
a.Under Land Acquisition Act the word “Public purpose” has narrower connotation which means and includes Infra structure development, Housing
Project, and use by Companies under certain conditions.
b.Consent of Land owners need not required regarding the purpose and objective of the Project.
c.Compensation payable is same as market value; and market value is determined as per circle rates.
d.There is no provision for Social Impact Assessment.
e.Solatium i.e. compensation payable for emotional loss is only upto 30%.
f.No provision for the land which is unused i.e. if the government has taken a land for public purpose and not utilized the land for said purpose; in
that case there is not any provision regarding return of unused land to the land owners.
g.No provision for rehabilitation and resettlement under the Land Acquisition Act, 1894.
h.Under this Act Government compulsorily acquires the land; and therefore no provision of Lease.
i.If there is any urgency in that case government has power to acquire the land without giving prior notice or token or compensation.
j.No provision of sharing of profit between government and the land owner.

Section 18 Reference to Court, Section 19 Collector's statement to the Court,  Section 20 Service of notice - Land Acquisition Act 1894
What is Reference to Court? What is Collector's statement to the Court? What is the procedure for Service of notice? Section 18, 19 and 20
of Land Acquisition Act 1894
Reference to Court, Collector's statement to the Court and Service of notice are defined under section 18, 19 and 20 of Land Acquisition Act 1894.
Provisions under these Sections are:
Section 18 of Land Acquisition Act 1894 "Reference to Court"
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the
Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to
whom it is payable, or the apportionment of the compensation among the persons interested.
(2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made-
(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the
Collector's award;
(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the
date of the Collector's award, whichever period shall first expire.
Section 19 of Land Acquisition Act 1894 "Collector's statement to the Court"
(1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand,-
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think interested in such land;
(c) the amount awarded for damages and paid for tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under
section 11;
(cc) the amount paid or deposited under sub-section (3A) of section 17; and
(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements, in writing made or
delivered by, the parties interested respectively.
Section 20 of Land Acquisition Act 1894 "Service of notice"
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their
appearance before the Court on that day, to be served on the following persons, namely:-
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation
awarded; and
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.
SECTION 3 DEFINITIONS - LAND ACQUISITION ACT 1894
What are the Definitions? Section 3 of Land Acquisition Act 1894
Definitions are defined under section 3 of Land Acquisition Act 1894. Provisions under this Act are:
 
Section 3 of Land Acquisition Act 1894 " Definitions"
In this Act, unless there is something repugnant in the subject or context,
(a) the expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastended to anything attached to the
earth;
(aa) the expression "local authority" includes a town planning authority (by whatever name called) set up under any law for the time being in force;
(b) the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land
under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;
(c) the expression "Collector" means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the
appropriate Government to perform the functions of a Collector under this Act;
(cc) the expression "corporation owned or controlled by the State" means any body corporate established by or under a Central, Provincial or State
Act, and includes a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), a society registered under the Societies
Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, being a society established or administered
by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State,
being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the Central Government, or by any
State Government or Governments, or partly by the Central Government and partly by one or more State Governments;
(d) the expression "Court" means a principal Civil Court of original jurisdiction, unless the appropriate Government has appointed (as it is hereby
empowered to do) a special judicial officer within any specified local limits to perform functions of the Court under this Act;
(e) the expression "Company" means-
(i) a company has defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc);
(ii) a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state,
other than a society referred to in clause (cc);
(iii) a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-
operative society referred to in clause (cc);]
(ee) the expression "appropriate Government" means, in relation to acquisition of land for the purposes of the Union, the Central Government, and, in
relation to acquisition of land for any other purposes, the State Government.
(f) the expression " public purpose" includes-
(i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites;
 
(ii) the provision of land for town or rural planning;
(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent
disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;
(iv) the provision of land for a corporation owned or controlled by the State;
(v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons
displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or
controlled by the State;
(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority
established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority, or a
society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State or a
co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State;
(vii) the provision of land for any other scheme of development sponsored by Government, or, with the prior approval of the appropriate
Government, by a local authority;
(viii) the provision of any premises or building for locating a public office,
but does not include acquisition of hind for Companies;
(g) the following persons shall be deemed persons "entitled to act" as and to the extent hereinafter provided (that is to say)-
trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same
extent as the persons beneficially interested could have acted if free from disability;
a married woman, in cases to which the English law is applicable, shall be deemed the persons so entitled to act, and whether of full age or not, to the
same extent as if she were unmarried and of full age ;
and the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, the same
extent as the minors, lunatics or idiots themselves, if free from disability, could have acted:
Provided that-
(i) no person shall be deemed "entitled to act" whose interest in the subject-matter shall be shown to the satisfaction of the Collector or Court to be
adverse to the interest of the person interested for whom he would otherwise be entitled to act;
(ii) in every such case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court , as
the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof ;
(iii) the provision of Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)], shall, mutatis mutandis, apply in the case
of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and

(iv) no person "entitled to act" shall be competent to receive the compensation-money payable to the person for whom he is entitled to act unless he
would have been competent to alienate the land and receive and give a good discharge for the purchase-money on a voluntary sale.

Section 4 Publication of preliminary notification and powers of officers of thereupon - Land Acquisition Act 1894
What is the procedure for Publication of preliminary notification and powers of officers of thereupon? Section 4 of Land Acquisition Act
1894
Publication of preliminary notification and powers of officers of thereupon are defined under section 4 of Land Acquisition Act 1894. Provisions
under this Section are:
Section 4 of Land Acquisition Act 1894 "Publication of preliminary notification and powers of officers of thereupon"
(1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose or for a
company, a notification to that effect shall be published in the Official Gazette and in  two daily newspapers circulating in that locality of which at
least one shall be in the regional language and the Collector shall cause public notice of the substance of such notification to be given at convenient
places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the
publication of the notification)
(2) Thereupon it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and
workmen,-
to enter upon and survey and take levels of any land in such locality ;
to dig or bore into the subsoil ;
to do all other acts necessary to ascertain whether the land is adapted for such purpose ;
to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon ;
to mark such levels, boundaries and line by placing marks and cutting trenches;
and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part
of any standing crop, fence or jungle :
Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of
the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.
 
Section 5 Payment for Damage, Section 5A Hearing Objections - Land Acquisition Act 1894
What is the meaning of Payment for Damage? What is the process of hearing Objections? Section 5 and 5A of of Land Acquisition Act 1894
Payment for damage and Hearing Objections are defined under section 5 and 5A of Land Acquisition Act 1894. Provisions under these Sections are:
Section 5 of Land Acquisition Act 1894 "Payment for damage"
The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of
dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief
revenue-officer of the district, and such decision shall be final.
Section 5A of Land Acquisition Act 1894 "Hearing Objections"
(1) Any person interested in any land which has been notified under section 4, sub-section (1) as being needed or likely to be needed for a public
purpose or for a Company may, within thirty days from the date of the publication of the notification, object to the acquisition of the land or of any
land in the locality, as the case may be.
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being
heard in person or by any person authorised by him in this behalf or by pleader and shall, after hearing all such objections and after making such
further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under section 4, sub-section (1), or
make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections,
together with the record of the proceedings held by him, for the decision of that Government. The decision of the appropriate Government on the
objections shall be final.
(3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if
the land were acquired under this Act.
Section 6 Declaration that land is required for a public purpose, Section 7 After declaration Collector to take order for acquisition - Land
Acquisition Act 1894
What is Declaration of that land is required for  a public purpose? What is the meaning After declaration collector to take order for
acquisition? Section 6 and 7 of of Land Acquisition Act 1894
Declaration that land is required for a public purpose and After declaration Collector to take order for acquisition are defined under section 6 and 7 of
Land Acquisition Act 1894. Provisions under these Sections are:
Section 6 of Land Acquisition Act 1894 "Declaration that land is required for a public purpose"
(1) Subject to the provisions of Part VII of this Act, when the appropriate Government is satisfied, after considering the report, if any, made under
section 5A, sub-section (2), that any particular land is needed for public purpose, or for a Company, a declaration shall be made to that effect under
the signature of a Secretary to such Government or of some officer duly authorised to certify its orders, and different declarations may be made from
time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one
report or different reports has or have been made (wherever required) under section 5A, sub-section (2):
Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),-
(i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967), but before the
commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), shall be made after the expiry of three years from the date of the
publication of the notification; or
(ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), shall be made after the expiry of one year from
the date of the publication of the notification:
Provided further that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or
wholly or partly out of public revenues or some fund controlled or managed by a local authority.
Explanation 1: In computing any of the periods referred to in the first proviso, the period during which any action or proceeding to be taken in
pursuance of the notification issued under section 4, sub-section (1), is stayed by an order of a Court shall be excluded.
Explanation 2: Where the compensation to be awarded for such property is to be paid out of the funds of a corporation owned or controlled by the
State, such compensation shall be deemed to be compensation paid out of public revenues.
(2) Every declaration shall be published in the Official Gazette and in two daily newspapers circulating in the locality in which the land is situate of
which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such declaration to be given at
convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the
date of the publication of the declaration), and such declaration shall state] the district or other territorial division in which the land is situate, the
purpose for which it is needed, its approximate area, and, where a plan shall have been made of the land, the place where such plan may be inspected.
(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after
making such declaration, the appropriate Government may acquire the land in manner hereinafter appearing.
Section 7 of Land Acquisition Act 1894 "After declaration Collector to take order for acquisition"
Whenever any land shall have been so declared to be needed for a public purpose, or for a Company, the appropriate Government, or some officer
authorised by the appropriate Government in this behalf, shall direct the Collector to take order for the acquisition of the land.
 
Section 8 Land to be marked out, measured and planned Section 9 Notice to persons interested  - Land Acquisition Act 1894
Should Land to be marked out, measured and planned? Is it compulsory to give Notice to persons interested? Section 8 and 9 of of Land
Acquisition Act 1894
Land to be marked out, measured and planned and Notice to persons interested  are defined under section 8 and 9 of Land Acquisition Act 1894.
Provisions under these Sections are:
Section 8 of Land Acquisition Act 1894 "Land to be marked out, measured and planned"
The Collector shall thereupon cause the land (unless it has been already marked out under section 4 ) to be marked out. He shall also cause it to be
measured, and if no plan has been made thereof , a plan to be made of the same.
Section 9 of Land Acquisition Act 1894 "Notice to persons interested"
(1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends
to take possession of the land, and that claims to compensation for all interests in such land may be made to him.
(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent
before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice),
and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and
their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and
signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be
interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the
revenue-district in which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his
last known residence, address or place of business and registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898).
 
Section 10 Power to require and enforce the making of statements as to names and interests  - Land Acquisition Act 1894
What is the Power to require and enforce the making of statements as to names and interests? Section 10 of of Land Acquisition Act 1894
Power to require and enforce the making of statements as to names and interests are defined under section 10 of Land Acquisition Act 1894.
Provisions under this Section is:
Section 10 of Land Acquisition Act 1894 "Power to require and enforce the making of statements as to names and interests"
(1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen
days after the date of the requisition), a statement containing so far as may be practicable, the name of every other person possessing any interest in
the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and
profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.
(2) Every person required to make or deliver a statement under this section or section 9 shall be deemed to be legally bound to do so within the
meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).
 
Section 11 Enquiry and award by Collector - Land Acquisition Act 1894
What is Enquiry and award by Collector? Section 11 of of Land Acquisition Act 1894
Enquiry and award by Collector are defined under section 11 of Land Acquisition Act 1894. Provisions under this Section is:
Section 11 of Land Acquisition Act 1894 "Enquiry and award by Collector"
(1) On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any)
which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8 , and into the value of the
land at the date of the publication of the notification under section 4, sub-section (1), and into the respective interests of the persons claiming the
compensation and shall make an award under his hand of-
(i) the true area of the land ;
(ii) the compensation which in his opinion should be allowed for the land ; and
(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims,
he has information, whether or not they have respectively appeared before him:
Provided that no award shall be made by the Collector under this sub-section without the previous approval of the appropriate Government or of such
officer as the appropriate Government may authorise in this behalf :
Provided further that it shall be competent for the appropriate Government to direct that the Collector may make such award without such approval in
such class of cases as the appropriate Government may specify in this behalf.
(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested
in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules
made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.
(3) The determination of compensation for any land under sub-section (2) shall not in any way affect the determination of compensation in respect of
other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to
registration under that Act.
 
Section 11A Period within which an award shall be made - Land Acquisition Act 1894
What is the Period within which an award shall be made? Section 11A of Land Acquisition Act 1894
Period within which an award shall be made is defined under section 11A of Land Acquisition Act 1894. Provisions under this Section is:
Section 11A of Land Acquisition Act 1894 "Period within which an award shall be made"
The Collector shall make an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is
made within that period, the entire proceedings for the acquisition of the land shall lapse :
Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984,
(68 of 1984), the award shall be made within a period of two years from such commencement.
Explanation : In computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in
pursuance of the said declaration is stayed by an order of a Court shall be excluded.
 
Section 12 Award of Collector when to be final Section 13 Adjournment of enquiry Section 13A Correction of clerical errors, etc - Land
Acquisition Act 1894
Award of Collector when to be final? What is Adjournment of enquiry? How to do Correction of clerical errors, etc? Section 12, 13 and 13A
of Land Acquisition Act 1894
Award of Collector when to be final, Adjournment of enquiry and Correction of clerical errors, etc are defined under section 12, 13 and 13A of Land
Acquisition Act 1894. Provisions under these Sections are: 
Section 12 of Land Acquisition Act 1894 "Award of Collector when to be final"
(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the
Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and
the apportionment of the compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives
when the award is made.
Section 13 of Land Acquisition Act 1894 "Adjournment of enquiry"
The Collector may, for any cause he thinks fit from time to time adjourn the enquiry to a day to be fixed by him.
Section 13A of Land Acquisition Act 1894 "Correction of clerical errors, etc"
(1) The Collector may, at any time but not later than six months from the date of the award, or where he has been required under section 18 to make a
reference to the Court, before the making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising
therein either on his own motion or on the application of any person interested or a local authority:
Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable
opportunity of making a representation in the matter.
(2) The Collector shall give immediate notice of any correction made in the award to all the persons interested.
(3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so
paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered as an arrear of land revenue.
Section 14 Power to summon and enforce attendance of witnesses and production of documents Section 15 Matters to be considered and
neglected - Land Acquisition Act 1894
What is the Power to summon and enforce attendance of witnesses and production of documents? What are the Matters to be considered
and neglected? Section 14 and 15 of Land Acquisition Act 1894
Power to summon and enforce attendance of witnesses and production of documents Matters to be considered and neglected are defined under
section 14 and 15 of Land Acquisition Act 1894. Provisions under these Sections are: 
Section 14 of Land Acquisition Act 1894 "Power to summon and enforce attendance of witnesses and production of documents"
For the purpose of enquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties
interested or any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner, as is provided
in the case of a Civil Court under the [Code of Civil Procedure, 1908 (5 of 1908)
Section 15 of Land Acquisition Act 1894 "Matters to be considered and neglected"
In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24.
Section 15A Power to call for records, etc Section 16 Power to take possession Section 17 Special powers in cases of urgency - Land
Acquisition Act 1894
What is the Power to call for records, etc? What is the Power to take possession? What are Special powers in cases of urgency? Section 15A,
16 and 17 of Land Acquisition Act 1894
Power to call for records, etc, Power to take possession and Special powers in cases of urgency are defined under section 15A, 16 and 17 of Land
Acquisition Act 1894. Provisions under these Sections are:
Section 15A of Land Acquisition Act 1894 "Power to call for records, etc."
The appropriate Government may at any time before the award is made by the Collector under section 11 call for any record of any proceedings
(whether by way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any finding or order passed or as to the
regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit :
Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a
reasonable opportunity of being heard.
 
Section 16 of Land Acquisition Act 1894 "Power to take possession"
When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the
Government, free from all encumbrances
Section 17 of Land Acquisition Act 1894 "Special powers in cases of urgency"
(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration
of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), take possession of any land needed for public purpose. Such
land shall thereupon vest absolutely in the Government, free from all encumbrances.
(2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any
Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a
river-side or ghat station, or of providing convenient connection with or accesses to any such station, or the appropriate Government considers it
necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water
supply, drainage, road communication or electricity,] the Collector may, immediately after the publication of the notice mentioned in sub-section (1)
and with the previous sanction of the appropriate Government enter upon and take possession of such land, which shall thereupon vest absolutely in
the Government free from all encumbrances :
Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof
at least forty-eight hour's notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his
movable property from such building without unnecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested
compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession
and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be
allowed for in awarding compensation for the land under the provisions herein contained.
(3A) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall, without prejudice to the provisions of sub-
section (3),-
(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and
(b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-section (2),
and where the Collector is so prevented, the provisions of section 31, sub-section (2) (except the second proviso thereto), shall apply as they apply to
the payment of compensation under that section.
(3B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to be
tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the
excess may, unless refunded within three months from the date of the Collector's award, be recovered as an arrear of land revenue.
(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are
applicable, the appropriate Government may direct that the provisions of section 5A shall not apply, and, if it does not so direct, a
declaration may be made under section 6 in respect of the land at any time 2 [after the date of the publication of the notification] under
section 4, sub-section (1). Section 18 Reference to Court, Section 19 Collector's statement to the Court,  Section 20 Service of notice - Land
Acquisition Act 1894
What is Reference to Court? What is Collector's statement to the Court? What is the procedure for Service of notice? Section 18, 19 and 20
of Land Acquisition Act 1894
Reference to Court, Collector's statement to the Court and Service of notice are defined under section 18, 19 and 20 of Land Acquisition Act 1894.
Provisions under these Sections are:
Section 18 of Land Acquisition Act 1894 "Reference to Court"
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the
Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to
whom it is payable, or the apportionment of the compensation among the persons interested.
(2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made-
(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the
Collector's award;
(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the
date of the Collector's award, whichever period shall first expire.
Section 19 of Land Acquisition Act 1894 "Collector's statement to the Court"
(1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand,-
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think interested in such land;
(c) the amount awarded for damages and paid for tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under
section 11;
(cc) the amount paid or deposited under sub-section (3A) of section 17; and
(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements, in writing made or
delivered by, the parties interested respectively.
 
Section 20 of Land Acquisition Act 1894 "Service of notice"
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their
appearance before the Court on that day, to be served on the following persons, namely:-
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation
awarded; and
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.
Section 21 Restriction on scope of proceedings, Section 22 Proceedings to be in open Court - Land Acquisition Act 1894
What is Restriction on scope of proceedings? Should Proceedings to be in open Court? Section 21 and 22 of Land Acquisition Act 1894
Restriction on scope of proceedings and Proceedings to be in open Court are defined under section 21 and 22 of Land Acquisition Act 1894.
Provisions under these Sections are:
 
 
Section 21 of Land Acquisition Act 1894 "Restriction on scope of proceedings"
The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.
 
Section 22 of Land Acquisition Act 1894 "Proceedings to be in open Court"
Every such proceeding shall take place in open Court, and all persons entitled to practice in any Civil Court in the State shall be entitled to appear,
plead and act (as the case may be) in such proceeding.
Section 23 Matters to be considered in determining compensation Section 24 Matters to be neglected in determining compensation - Land
Acquisition Act 1894
What are the Matters to be considered in determining compensation? What are the Matters to be neglected in determining compensation?
Section 23 and 24 of Land Acquisition Act 1894
Matters to be considered in determining compensation and Matters to be neglected in determining compensation are defined under section 23 and 24
of Land Acquisition Act 1894. Provisions under these Sections are:
Section 23 of Land Acquisition Act 1894 "Matters to be considered in determining compensation"
(1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration-
firstly, the market-value of the land at the date of the publication of the notification under section 4, sub-section (1);
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time
of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such
land from his other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the
acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
fifthly, if, in the consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of
business, the reasonable expenses (if any) incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under
section 6 and the time of the Collector's taking possession of the land.
(1A) In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per
centum per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-
section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.
Explanation : In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the
land were held up on account of any stay or injunction by the order of any Court shall be excluded.
(2) In addition to the market-value of the land as above provided, the Court shall in every case award a sum of thirty per centum on such market
value, in consideration of the compulsory nature of the acquisition.
 
Section 24 of Land Acquisition Act 1894 "Matters to be neglected in determining compensation"
But the Court shall not take into consideration-
firstly, the degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the land acquired;
thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in
consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
seventhly, any outlay or improvements on, or disposal of the land acquired, commenced, made or effected without the sanction of the Collector after
the date of the publication of the notification under section 4, sub-section (1); or.
eighthly, any increase to the value of the land on account of its being put to any use which is forbidden by law or opposed to public policy.