What classes of intermediaries and cultivators were made bhumidhar’s under the U.P. Zamindari Abolition and Land Reforms Act, 1950 ?
Before coming into force of the U.P. Z.A. and L.R. Act, 1950, there were 14 varieties of tenures existed in Uttar Pradesh. All the 14 tenures were complicated and bewildering. These tenures were:
- Fixed-rate-tenant (R-3 REAR)
- 2. Ex-Proprietary tenant (free)
- Tenant holding on special terms in Avadh (अवध में विशेष शर्तों वाला काश्तकार)
- Occupancy tenant
- Non-occupancy tenant
- Grove holder
- Maufidar or Rent-free grantee
- Grantee at favourable-rate of rent
- Tenant of Sir Land (Sirdar)
- Sub-tenant
- Occupant
- Guzaredar or Person holding the land in lieu of Maintenance allowance, and
- Tenant’s Mortgage
The right and privileges of the same class of tenant also differed. Where some
interests were devolved according to personal law whereas some rights were
devolved according to the provisions contained under the U.P. Tenancy Act, 1939.
All the 14 complicated and bewildering varieties of tenures were abolished by
the U.P.Z.A. & L.R. Act, 1950 and these tenures were classified into four classes
of tenures, viz.,
- Bhumidhar
- Sirdar
- 3. Asami
- Adhivasi
Bhumidhar
Bhumidhar is the highest type of tenure-holder. His interest in the holding is permanent, heritable and transferable. He is a peasant-proprietor in all respects. Every person belonging to any of the following classes become bhumidhar:
(1) An Intermediary (zamindar), whether bigger or smaller, in respect of his khudkasht, u-let sir and grove land.
“Khudkast” means personal cultivation. Khudkast land means land cultivated by the Zamindar by himself.
“Sir-Land” means also the personal cultivation. In other words both ‘Khudkast’ and ‘Sir-land’ indicate the same idea of “nij-jot”.
The difference is of historical value. Every Khudkast land was not Sir-land, but every Sir-land had been the Khudkast land.
Khudkast land ceased to be the Khudkast land of the Zamindar, the moment it was let out to tenant but the Sir-land retained its character and remained as such even after letting to tenants.
“Grove-land” means any specific piece of land having trees planted therein in such numbers that they preclude, or when full grown will preclude, the land or any considerable portion thereof from being used primarily for any other purposes and the trees of such land constitute grove. (Section 3 (6) of the U.P. Tenancy Act, 1939).
(2) Smaller intermediary who belongs to the disabled class in respect of his let sir as well, (as enumerated under Section 157 (i) of the U.P.Z.A. & LR Act.) (3) A permanent lessee in Avadh in respect of land in his personal cultivation or held as a grove.
(4) A fixed-rate tenant, who was the superior most tenant. His interest in the holding was permanent, heritable and transferable. He could not be ejected on any ground whatsoever. Under the U.P.Z.A. & L.R. Act, he became bhumidhar.
(5) A rent-free grantee (Maufidar) When a zamindar granted the right to occupy land free of rent, either on payment of consideration or without it, the grantee was called a rent free grantee.
(6) An occupancy-tenant or a hereditary-tenant, or a tenant of sir-land on Patta-dawami or Patta istamrari, if possessed the right to transfer the holding by sale. The world “patta dawani” means “lease forever” and “patta istamrari” means “permanent lease”. “Tenants” of sir-lands, whom the sir-lands were let for ever or permanently and right to transfer by sale was also given, became bhumidhars thereof.
(7) A grove-holders
(8) Every person who had deposited dasguna (ten-times) of his rent under the U.P. Agricultural Tenants (Acquisition of Privileges) Act, 1949 and has obtained a declaration under the said Act in respect of his holding.
(9) Every intermediary, bigger or smaller became bhumidhar of his Sir-land and Khudkast land allotted to persons in lieu of maintenance allowance.
(10) All such land holders who holds the land defined in explanation to Section 16.
(11) All those mortgagors, who were entitled to have an interest under Section 14(2A)
Sirdar
Sirdar was the second main tenure-holder under the U.P. Zamindari Abolition and Land Reforms Act. His interest in the holding was permanent and heritable. Under the Act, on zamindari abolition, following persons became Sirdars (1) Under Section 19 all the following persons were declared Sirdars:-
(i) All tenants holding on special terms in Avadh.
(ii) All ex-proprietory tenants,
(iii) All occupancy tenants.
(iv) All hereditary tenants,
(v) All grantees at favourable rate of rent,
(vi) All non-occupancy tenants of tea-estates.
(vii) Sub-tenant whose lease has not expired and who is referred to in sub- section (4) of Section 47 of the U.P. Tenancy Act, 1939.
(2) A tenant of Sir-land of bigger intermediary (section 10 of U.P.Z.A LR Act
(3) A Thekadar of land which was in his personal cultivation on May 1, 1950, and the Theka was made with a view to cultivation of such land by Thekadar personally [Section 12 (h)]. According to the provision contained under Section 12(1), a Thekadar became Sirdar of land if two conditions are satisfied, viz.,
(i) that the land was in his Personal Cultivation on May 1, 1950, and
(ii) that the Theka was made with a view to cultivation of such land by
Thekadar personally.
(4) A Thekadar of land which was not Sir or Khudkast of the lessor (zamindar) and which was under the personal cultivation of the thekadar on the date immediately preceding the date of vesting:
Provided the area of such land does not exceed 30 acres (section 13). (5) Sir or Khudkast or grove land in joint estates in excess of one’s share. (6) Occupant of vacant land.
(7) The U.P. Land Reforms (Amendment) Act, 1954 added Chapter IX A of the U.P.Z.A. and L.R. Act, and consequently all Adhivasis became Sirdars under Section 240B of the Act.
Asami
Asami is a minor form of land tenure. He is in the bottom in the cadre of tenure-holders. His interest in his holding is neither permanent nor transferable but only heritable. On zamindari abolition the following persons became asami:-
(1) An allottee of Sir and Khudkast land in lieu of maintenance allowance.
(2) A Thekadar is respect of Sir and Khudkast land [Section 13(2X)]
(3) A Thekadar holding the land in excess of 3 acres with the permission of collector. (Proviso (3) to Section 13]
(4) A person recorded as an occupant of grove land [Section 21(2)].
(5) A non-occupancy tenant of intermediary grove land [Section 21(1)(b)].
(6) A sub-tenant of grove-land [Section 21(1)(b)).
(7) A lessee from a bhumidhar(or Sirdar).
(8) A person admitted as an Asami by the Bhumi Prabhandak Samiti in land as mentioned under Section 132 of the Act.
(9) A sub-tenant referred in the proviso to sub-section (3) of Section 27 of the UP Tenancy (Amendment) Act, 1947.
(10) Tenant’s Mortgagee in actual possession.
(11) A non-occupancy tenant of pasture land; or a non-occupacy tenant of land covered by water and used for the purpose of growing singhara or other produce; or a non-occupancy tenant of land in the bed of a river and used for casual or occasional cultivation.
(12) A non-occupancy tenant of land declared by the State Government, by notification in the Gazette, to be intended or set apart for taungya plantation.
(13) A court lessee under Section 252(1) of the UP Tenancy Act, 1939.
(14) A tenant of Sir of smaller intermediary who was disabled person under Section 157(1) of the Act.
(15) A sub-tenant or an occupant referred to in Section 20, where the land-holder was disabled person under Section 157(1) of the Act.
Adhivasi
Before the enforcement of U.P.Z.A. & LR Act, a considerable portion of farmer used to cultivate land and they had got possession also but they did not have any permanent interest under this category tenants of Sir, Sub-tenants, and occupants were included. Because their rights were so weak, it was therefore, not possible to give them rights of Bhumidhar, Sirdar or Asami. That is why these farmers have been declared ADHIVASI under Section 20 of the Act. Section 20 of the Act specifies classes of persons who as a consequence of acquisition of estates became adhivasis. They are:
(1) Tenant of Sir land
(2) The Sub-tenants: The sub-tenant (Shikami Kashtkar) from:
(i) Fixed-rate-tenant
(ii) Hereditary tenant
(iii) Occupancy tenant
(iv) Ex-Proprietary tenant, and
(v) Tenant holding on special terms in Avadh.
(3) Recorded occupant: All those persons who possessed land as defined unde Section 20(b) have been declared ADHIVASI for the protection of their interest
