Provision Relating To the Principles
of Distribution of Lands
BENGAL'S GAME CHANGER
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| PRINCIPLES OF DISTRIBUTION OF LANDS |
SYNOPSIS
STATEMENT OF PROBLEM
Land
law is now considered to be an important branch of law. Disputes regarding land
and land-related issues are ever ending and that is why, the importance of land
laws in legal practice is growing day by day. At the same time, its importance
is increasingly being recognized in recent Years and this may, in great
measure, be attributed to the impact of urbanization, modernization, and
globalization.
Land
is a very important issue in different connotations. It is rightly stated by
the supreme court in Shri Ram Narayan vs. State of Bombay[1], -
‘’Land’’, that is to say rights in or over land, land tenures including the
relation of landlord and tenant, the collection of rents; transfer and
alienation of agricultural lands; land improvement and agricultural loans;
colonization’’. In other words ‘’Land’’ is an immovable and indestructible
three dimensional area consisting of a portion of the earth’s surface, the
space above and below the surface, and everything growing on or permanently
affixed in it. Not only is the concept of land, its use also multidimensional,
because land is used for agricultural purpose as well as non-agricultural
purposes, to construct building, highway, etc.
Land
was always in concern for the law makers and therefore, land reforms were introduced
in the post independence period in India. At the time of independence, there
were three types of land tenure systems prevailing in the country- the
Zamindari System, the Mahalwari System and the Ryotwari System. Zamindari
system was based on exploitation in which Zamindars simply snatched away
whatever surplus above the minimum subsistence the cultivators produced. Under
the Mahalwari and Ryotwari system also, tenants/cultivators were exploited in a
number of ways. In these systems, moneylenders and mahajans granted loans to
needy cultivators by mortgaging their lands and soon substantial portions of
those lands slipped out of cultivators hold and become the property of
moneylenders and mahajans.
[1] AIR
1953 SC 459
RESEARCH OBJECTIVE
1. To do detail study the old land system by a new one, free from the
exploitative features which characterized the former.
2. To understand and analysis the agrarian structure of land distribution
system.
3. To analyze the various land reform measures which have been adopted in
India the plan during the plan period.
4. To study how various
provisions relating to the principle of distribution of land.
5. The main object behind the settlement of land is to distribute the land
among landless persons of local area for personal cultivation and to construct
dwelling house the landless persons.
6. To replace the old land system by a new one, free from the exploitative
features which characterized the former.
7. It aims at the redistribution of land-ownership in favor of the
cultivating class regulation and rationalization of rent, improving the size of
farms and providing security of tenure in order to transfer in traditional
agriculture and raise cultivators to new heights.
RESEARCH QUESTIONS
1. What does land reform means?
2. What does land distribution mean?
3. Explain the provision of settlement of the land?
4. Explain the list of eligible person to whom
settlement of the land?
5. Explain the effect of the setting aside of the
order of vesting on the settlement of land?
6. Critically examine the provision of the WBLR
Act, for imposition for unauthorized occupation of vested lands?
RESEARCH METHOD
Methodology” implies more than simply the
methods the researcher used to collect data. It is often necessary to include a
consideration of the concepts and theories which underlie the methods. The
methodology opted for the study on the topic may be Doctrinal.
Doctrinal research in law field indicates arranging, ordering
and analysis of the legal structure, legal frame work and case laws by extensive
surveying of legal literature but without any field work.
SOURCES OF DATA
The Secondary sources:
·
Books
(1).
Sarkar Babu, Assistant Professor in Law, S.K. Acharya Institute of Law,
Kalyani, Nadia, R. CAMBRAY & CO. PRIVATE LATD 2017, Land Laws of West
Bengal, 3rd 2017.
(2).Shukla
T.N, Advocate, Supreme Court of India & Kumar Kamal, The Kamal Law House, Kolkata, The West Bengal
Premises Tenancy Act, 1997 and Rules, Bare Act,
(3).Shukla
T.N, Advocate, Supreme Court of India & Kumar Kamal, The Kamal Law House, Kolkata, The West Bengal
Land Reforms Act, 1955,Bare Act,
(4).
The Land Acquisition Act, 1894 with State Amendments, Bare Act, 2017
(5).
Justice Mallik’s (West Bengal Land Reforms Act, 1955).
·
Website
· Dictionary-
CONCISE LAW DICTIONARY (LEXIS NEXIS) FIFTH EDITION
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| CHAPTER ONE |
CHAPTER
1:
INTRODUCTION
Land
law is now considered to be an important branch of law. Disputes regarding land
and land-related issues are ever ending and that is why, the importance of land
laws in legal practice is growing day by day. At the same time, its importance
is increasingly being recognized in recent Years and this may, in great
measure, be attributed to the impact of urbanization, modernization, and
globalization.
Land
is a very important issue in different connotations. It is rightly stated by
the supreme court in Shri Ram Narayan vs. State of Bombay[1], -
‘’Land’’, that is to say rights in or over land, land tenures including the
relation of landlord and tenant, the collection of rents; transfer and
alienation of agricultural lands; land improvement and agricultural loans;
colonization’’. In other words ‘’Land’’ is an immovable and indestructible
three dimensional area consisting of a portion of the earth’s surface, the
space above and below the surface, and everything growing on or permanently
affixed in it. Not only is the concept of land, its use also multidimensional,
because land is used for agricultural purpose as well as non-agricultural
purposes, to construct building, highway, etc.
Land
was always in concern for the law makers and therefore, land reforms were introduced
in the post independence period in India. At the time of independence, there
were three types of land tenure systems prevailing in the country- the
Zamindari System, the Mahalwari System and the Ryotwari System. Zamindari
system was based on exploitation in which Zamindars simply snatched away
whatever surplus above the minimum subsistence the cultivators produced. Under
the Mahalwari and Ryotwari system also, tenants/cultivators were exploited in a
number of ways. In these systems, moneylenders and mahajans granted loans to
needy cultivators by mortgaging their lands and soon substantial portions of
those lands slipped out of cultivators hold and become the property of
moneylenders and mahajans.
[1] AIR
1953 SC 459
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| CHAPTER TWO |
CHAPTER 2:
Land Reforms
2.1 What does land reforms means?
Land
reform constitutes the most important package of measures to improve the
economic condition of agricultural tenants. It aims at the redistribution of
land-ownership in favor of the cultivating class (so as to make them feel themselves
a part of the rural life), regulation and rationalization of rent, improving
the size of farms and providing security of tenure in order to transfer in
traditional agriculture and raise cultivators to new heights. Land reform also helps landless agricultural tenants.
Land reform means provision for proper institutional system for the
development of agriculture.
2.2 What does land distribution means?
Land Distribution refers to land reforms
which involves the changing of laws, regulations or customs regarding land
ownership. Section 49 of the West Bengal Land Reforms Act, 1955 speaks about
the principles of distribution of lands. The settlement of a land which is at
the disposed of the State Government shall be made, without any premium being charged
for it, in such a manner as may be prescribed, with the persons who are
residents of the locality where the land is situated, and together with other
members of their family, own no land or less than 0.4047 hectare of land used
for the purpose of agriculture. One half of the land cultivated by them as
bargadars shall be taken into account for the purpose of calculating the
aggregate of such land.
2.3 Why land redistribution programs may be
ineffective in lowering land inequality and landlessness?
There are a number of possible reasons why
land redistribution programs may be ineffective in lowering land inequality and
landlessness. Apart from imposing political and legal obstacles to the
implementation of such programs, large landowners frequently attempt to
circumvent them by selling land, splitting their households and subdividing
properties so as to avoid being targeted for expropriation. On the other hand,
small landowning households might be induced to sub-divide so that some
resulting fragments own no land and thereby qualify to receive some of the land
being distributed by the program. Landless households receiving land titles may
subsequently sell them in times of distress. Areas embarking on larger
redistribution could attract more landless immigrants, swelling the number of
landless households. These induced effects on land market transactions,
household division and immigration patterns can indirectly affect the
distribution of land in complex ways that could either augment or offset the direct
impacts. There were two principal land reform programs implemented in West
Bengal: distribution of land titles to the landless, and registration and
regulation of tenancy contracts. Earlier research on the West Bengal land
reforms have shown evidence of 4% increases in farm productivity for the
tenancy registration program and a 20% rise in aggregate rice yields at the
district level On the other hand, find no significant effects of the
land distribution program on farm productivity, or on wage rates for hired
workers for either program.
2.4 Explain the provision of settlement of
the land?
The provision and settlement of the land
shall be made subject to the following condition, namely-
A) that in the case of agricultural land,
such person intends to bring the land under the personal cultivation.
b) that in case of homestead land, such
person having no homestead of his own, intends to construct a dwelling house
thereon, and
c) Such other terms and conditions as may be
prescribed
It is provided that among the persons
eligible for such settlement the preference shall be given to the persons
belonging to Scheduled Caste or Scheduled Tribe or who from themselves into a
Co-operative Society for the purpose.
It is further provided that no settlement of
land shall be made with any person or with a member of the family of such
person, who is engaged or employed in any business, trade, undertaking,
manufacture, calling, service or industrial occupation.
It is also provided that nothing in the
provisions of sub-section (1) of this section 49 shall apply to any case when
the freehold title-deed for land is given to a bonafide refugee in accordance
with such norms as may be prescribed by the appropriate Department of the State
Government.
But the second provision of sub-section (1)
of this section 49 shall not apply to an agricultural laborer, artisan or
fisherman.
Sub-section (1A) no person with whom any land
is settled be entitled to transfer such land except by way of a simple mortgage
or a mortgage by deposit of title deeds in favor of a scheduled Bank, or a
Co-operative Society or a Corporation owned or controlled by the Central or
State Government or both for the purpose of obtaining loan for the development
of land or for the improvement of agricultural production or for the
construction of a dwelling house.
Sub-section (2) if a Revenue Officer, on his
own motion or on application made to him in that behalf, is satisfied that the
settlement of such land was made by mistake or obtained
by practice of fraud, misrepresentation,
coercion or otherwise, he may, by order in writing, annul the settlement.
Sub-section (3) when a revenue officer makes
an order under sub-section (2) annulling settlement or both the settlement and
the transfer of any land, as the case may be the revenue officer shall enforce
delivery of possession of such land to the Collector by using such force as may
be required after eviction the person in actual occupation of such land.
Sub-section (3A) for the purpose of enforcing
delivery of possession of any land and eviction any person in actual occupation
of such land under sub-section (3), any such revenue officer may send a written
requisition in such form and in such manner as may be prescribed to the
officer-in-charge of the local police station or to any police officer superior
in rank to such officer-in-charge and on receipt of such written requisition,
the police officer concerned shall render all necessary and lawful assistance
for enforcing delivery of possession of such land.
Sub-section (4) any person aggrieved by an
order made sub-section (2) may, within thirty days from the date of such order,
prefer an appeal to such authority as the State Government may, by notification
in the Official Gazette, specify and the order passed by such authority in
appeal shall be final.
Sub-section (4A) notwithstanding anything
contained in the foregoing provisions of this section, the State Government, or
an officer authorized in this behalf by the State Government, may transfer to,
or settle with a local body or an authority constituted or established by or
under any law for the time being in force, land which is at the disposal of the
State Government, for such purpose and on such terms and conditions as may be
decided by the State Government.
Sub-section (5) notwithstanding anything
contained elsewhere in this Act, where the State Government is satisfied that
it is necessary so to do for a public purpose or for establishment, maintenance
or preservation of any educational or research institution or industry,
settlement for any period of any land may be made with any person or
institution on such terms and conditions including periodical payments, with or
without any premium being charged therefor, in such manner as may be
prescribed.
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| CHAPTER THREE |
CHAPTER 3:
Various
Land Reform Measures
3.1 Explain the various
land measures have been adopted in India during the plan period?
These
can be classified as follows:
1. Removal
of intermediaries between the State and cultivators;
2.
Providing security of tenure and ownership to the tenants;
3.
Rationalization of the rent structure;
4.
Fixation of ceiling on land-holdings and the redistribution of surplus land
among landless cultivators; and
5.
Consolidation of holdings to transform agriculture into a profitable activity.
Now
Abolition of Intermediaries:
The abolition of
intermediaries started in India in 1948 with the enactment of legislation in
the then Madras (Chennai). Since agriculture is a State subject, no Central
legislation could be enacted. Different States have passed different laws from
time to time depending on their political environments and the demands of the
situation. West Bengal is perhaps the only State affected by the adverse
effects of absentee landlordism and was able to enact legislation for abolition
of intermediaries in 1954-55.
Tenancy
Legislation
Tenancy legislation has by
now been passed in every State to remove the difficulties of tenants, both
tenants-at-will and sub-tenants. The living conditions of them are deplorable
in so far as they are subject to ruthless exploitation, frequent enhancement of
rent, eviction at will, extractions of other kinds and the cruel system of
beggar. According to one estimate, about 20% of agricultural land is under the
system of such non-occupancy tenancy. The National Sample Survey (98th round)
puts the figure in different states as varying between 11% and 26%.
Ceiling
on Land - Holding
Almost all
States have enacted necessary legislation for redistribution of surplus land
after determining the ceiling on land holdings. The permissible size of holding
varies according to the quality of land. The ceiling legislation were revised
on the basis of guidelines formulated in 1972. Lands are usually divided into
different categories on the basis of irrigation, nature of soil, etc. However,
a few categories of farms—viz., plantations, orchards and sugarcane farms
operated by sugar factories—are exempted from the ceiling. Farmers who have
excess land over the ceiling fixed will have to surrender the surplus amount
to the State against due compensation. The surplus land will be vested in the
State and will be distributed among the landless laborers and small and
marginal farmers with uneconomic holdings.
Operation Barga
Operation Barga implies the
right of the cultivator, i.e., the bargadars, to cultivate land which the
belongs to the owner, i.e., the jotedar. Under ‘operation Barga’,
share-croppers or bargadars gets legal sanction from the jotedar regarding
their rights on land. Under the scheme, the names of the bargadars, quantum of
crops produced, ‘numbers’ of different plots of land, etc. are given in the
form of a receipt to the bargadars by the jotedar. In this way, eviction of
tenants from land is stopped.
Operation Barga was a land reform
movement throughout rural West Bengal for recording the names of sharecroppers (bargadars) while avoiding the time-consuming
method of recording through the settlement machinery. It bestowed on the bargadars, the legal protection against eviction by the
landlords, and entitled them to the due share of the produce. Operation Barga
was launched in 1978 and concluded by the mid-1980s. To implement Operation
Barga, the government adopted the principle of people's participation in land
reforms, and collective action by the stakeholders.[5] This movement was launched with the active
assistance of not only the bargadars themselves but also of rural workers'
organizations and self-governing institutions.
The operation was divided into the
following five distinct steps:[4]
1.
Identification
of the priority pockets with large concentration of bargadars.
2.
Camping
by the Government Officials at the priority pockets.
3.
Meeting
between the bargadars and the government officials.
4. The
collective participation of the villagers in the reconnaissance and field
verification to establish the claims of sharecroppers.
5. Issue
of temporary certificates called `parchas' to confirm sharecroppers as evidence
of their rights enabling them to obtain bank credit.
3.2 Explain the
list of eligible person to whom settlement of the land?
A list of person eligible for getting
settlement of Government lands shall be prepared Mauza-wise by the Junior Land
Reforms Officer in the following order of priority:
1) Landless agricultural workers who belongs
to Scheduled Tribes;
2) Landless agricultural workers who belongs
to Scheduled Castes;
3) Landless agricultural workers other than
the above;
4) Landless bargadars who belong to Scheduled
Tribes or Scheduled Castes;
5) Landless bargadars other than the above;
6) Landless persons who used to cultivate the
land in question as bargadars or agricultural workers under the previous
owners;
7) Raiyats belonging to the Scheduled Tribes
who own less than one hectare of land and cultivate the same themselves;
8) Raiyats belonging to the Scheduled Castes
who own less than one hectare of land and cultivate the same themselves; and
9) Raiyats other than the above who own less
than one hectare of land and cultivate the same themselves.
As soon as the list is prepared they shall be
hung up the circle notice board for public inspection for a period of fifteen
days. On expiry of the period and after incorporating such changes as may be
found necessary the Junior Land Reforms Officer will place the list before the
Land Reforms Advisory Committee for approval. The lists approved by the Committee shall then
be sent to the Sub-Divisional Officer for approval. If for any reason the list
is not approved by the Committee in two successive meetings, these shall be
sent to the Sub-Divisional Magistrate through the Sub-Divisional Officer for
approval. Immediately on receipt of the approval of the Sub-Divisional
Magistrate, the names of the eligible persons as per these lists should be
entered in a Register maintained Mauza-wise [1].
As soon as the eligibility lists are approved, all the available lands shall be
distributed in the order of priority in the eligibility lists. The order of
priority may be by-passed only in cases where the lands are in occupation by
eligible persons and their names occur in the eligibility lists.
Section 49 of this Act, empowers the state
government to make settlement of any land with certain persons without any
premium charged for it.
Those persons are-
i) the persons who are residents of the
locality where the lands is situated and who together with other members of
their family own no land or less than 0.4047 hectare of land used for the
purpose of agriculture.
ii) The persons belonging to Scheduled Caste
or Scheduled Tribe;
But no settlement of land shall be made with
any person or with a member of the family of such person who is engaged or
employed in any business, trade, undertaking, manufacture, calling, service or
industrial corporation.
The object behind the settlement of land is
to distribute the land among landless persons of local area for personal
cultivation and to construct dwelling house the landless persons, as per rule
61 of the West Bengal Land Management Manual, 1977 means landless agricultural
workers who belong to schedule Tribes or Scheduled Castes or landless bargadars
belonging to Scheduled Tribes or Castes or raiyats belonging to Scheduled
Tribes or Castes who own less than one hectare of land.
3.3 Explain the
effect of the setting aside of the order of vesting on the settlement of land?
Under section 49 of the Act, it has been held
that when the land had been ordered to be vested by the State by the order of
the Revenue Officer and the said vested land has been settled with any person, the subsequent order by
appropriate authority as well as the Appellant authority setting aside the
order of vesting renders this settlement automatically terminated and any
notice to that effect that the settlement be treated as cancelled is not a
revocation and/or cancellation of the patta as contemplated in section 49(2)
and that in effect this is only an intimation to the effect that because of the
judgment passed by courts the lands no longer belong to the State and the
settlement made has only come to an end In case- Baneswar Jana v. State [2]
and In Somai Kisku v. State of West Bengal [3]
the similar view has been taken.
3.4 Critically
examine the provision of the WBLR Act, for imposition for unauthorized
occupation of vested Lands?
Section 49A of the West Bengal Land Reforms
Act, 1955 provides for the penalty for unauthorized occupation of vested lands.
Any persons-
i) being in unauthorized occupation of any
land which is at the disposal of the State Government fails to vacate such land
after a notice has been served upon him to do so; or
ii) Obstructs any person with whom any land
has been settled under the provision of sub-section (I) of section 49 of this
Act from taking possession of such land,
He shall be punishable with imprisonment
which may extend to one year or with fine which may extend to two thousand
rupees or with both.
The offence though not being a cognizable
offence, it has to be initiated by a complaint before the Magistrate and he
shall have power to dispose of such complaint in accordance with the summons as
provided in the Code of Criminal Procedure, 1973
3.5 How we can make
improvement of the working of Land Reforms in India?
In the light of these
observations, following suggestions are made for the improvement of the system.
1. Breaking up Landlord Tenant Nexus:
It has rightly been observed that tenancy reforms should be directed to
the stage of finally breaking up the landlord tenant nexus. Agriculture should
be treated as family occupation and not a source of subsidiary unearned income.
In a normal peasant proprietor system there is no place for absentee
landlordism which should be discouraged and ultimately curbed.
2. Restricted Tenancy should be allowed:
It has been accepted in principle that there should be no leasing in of
land. But, the National Commission on Agriculture has stated “under the present
circumstances land man ratio, existing tendency as such cannot be totally
banned in India.” For example, it has been noticed that where such ban has been
imposed it has led to the emergence of concealed tenancy with all its attendant
evils. Moreover, leasing out of land should be strictly discouraged from the
small land owners. Share croppers should be treated as laborers and protection
should be given to them.
3. Distribution of Surplus Land:
The main objective of fixation of ceiling on land holdings is to
distribute the surplus land among landless laborers tenants, etc. However, it
is argued that it is not only important to fix a ceiling on holdings but also to
fix a floor. It will help to distribute the surplus land among many peasants’
at least small operational holders. The National
Commission on Agriculture has recommended that small owners who get together
for joint farming should be given preferential assistance by the State.
Moreover, surplus land should be allotted to small cultivators on the condition
that they would not further sell or mortgage the land to the private
individual.
4. Voluntary System should not be accepted:
Generally, voluntary systems have been used to cover up forcible and
illegal eviction of tenants. Such systems should not be accepted as valid
unless they are certified as genuine by appropriate authority. The National
Commission on Agriculture suggested that even in the case of a genuine
surrender the land surrendered should not revert to the landowner but should
rest with the state to be allotted to any other eligible person.
5. Preparation of Land Record:
It is imperative that preparation of land record should be given top
priority in the whole scheme of enforcement of land reforms. Existing record is
defective. Moreover, the land record is not up to date. All possible efforts
should be made in this direction.
[1] Form given in Appendix III to the
Manual- Rule 61 of the West Bengal Land Management Manual, 1977.
[2] (1992)1 Cal L J 489.
[3] (1992)1 Cal L J 487
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| CHAPTER FOUR |
Case Study
4.1 Shri
Ram Narayan v. State of Bombay AIR 1953 SC 459
Held – It was held that Land’’, that is to
say rights in or over land, land tenures including the relation of landlord and
tenant, the collection of rents; transfer and alienation of agricultural lands;
land improvement and agricultural loans; colonization’’. In other words
‘’Land’’ is an immovable and indestructible three dimensional area consisting
of a portion of the earth’s surface, the space above and below the surface, and
everything growing on or permanently affixed in it. Not only is the concept of
land, its use also multidimensional, because land is used for agricultural
purpose as well as non-agricultural purposes, to construct building, highway
etc.
4.2 Somai
Kisku v. State of West Bengal (1992) 1Cal L J 487
Held - In that case some agricultural lands
alleged to be vested in the State of West Bengal were settled with the
petitioners. Subsequently, JLRO concerned served notice upon them intimating
the lands which were settled with them were settled on the erroneous belief
that were vested lands, but later on it had been established through judicial
verdicts by many courts that this were not vested khas lands of the State
Government and the writ petitioners were asked to vacate the dispute lands.
They challenged the said notice on the ground that unless the settlement are
annulled u/s. 49(2) the State cannot insist on their vacating the land in
dispute. The learned judge and held that when the land settled are not vested
land and the lessor does not own them in respect of the said settlement,
section 49(2) has no application and cancellation of settlement by invoking the
provision of section 49(2) is not called for. It has been observed that the
notices issued by the JLRO was not the notice of revocation of the Patta as
contemplated u/s. 49(2) and in effect these are only intimation to the lessee
that because of the judgment passed by court the lands no longer belong to the
lessor and the settlement made have only come to an end and the lessee has to
return back Pattas granted in their favor. The learned judge has, however,
observed that when this is a case of extreme hardship for the writ petitioners
as they are found to be eligible for distribution of land u/s. 49(1) the State
should consider their case preferably if any other land vested in the State in
or around the area can be settled to them and in such case they shall have to
be given preference
 |
| CHAPTER FIVE |
CHAPTER – V
CONCLUSION & SUGGESTION
Land reform and agrarian
reforms have become synonymous, indicating that reform programs have become
more comprehensive
and encompass much more than the reform of land tenure or land distribution. Reform movements have
recurred throughout history, as have the crises they are intended to deal with,
because reform has rarely dealt with the roots of the crises. Reform has served
as a problem-solving mechanism and therefore has only been extensive enough to
cope with the immediate crisis. Reformers have often faced hard choices: to
promote and sustain private ownership with inequality or to institute public or collective ownership with equality but with restrictions on
the individuals’ private interests; to spread employment by supporting
labor-intensive, low-productivity techniques or to promote high productivity
through capital-intensive, efficient methods; to pursue gradual “repair and
maintenance” reform that is basically ineffective or to promote revolutionary,
comprehensive, effective but disruptive reform. In capitalist reforms these contradictions
have usually been resolved in favor of the first set of options; in socialist
reforms, in favor of the second. Land tenure reform seems to have been of
little significance in creating substantive economic change, although it has been important
for improving the status of peasants and maintaining social and political
stability. Most reforms have narrowed the gap between reform beneficiaries and
other farmers through land redistribution and tenancy control, but only the
comprehensive socialist reforms have narrowed the gap between agriculture and other sectors of the economy.
Land redistribution programs
have had limited success for several reasons. They often have deprived the farm
of the former landlord’s contributions without providing a substitute. They
have inhibited mobility of labor by giving the peasant a stake in
the land, though only in the form of an inefficient mini farm. They frequently
have threatened large, efficiently run farms and therefore have had to be
compromised. They have provided compensation for the expropriated land and
hence left wealth and income distribution largely unaffected. They have been
conditional upon peasant participation in social and political activity
and cooperative
organization, even though the peasant was
unprepared for these activities. Moreover, the redistribution of land has
rarely been fortified by protective measures that could prevent re
concentration of ownership and the recurrence of crises. Nevertheless, major
efforts have been expended by the Food and Agriculture
Organization of the United Nations and other international bodies and by
governments to devise viable frameworks for solving agricultural and rural
problems emanating from defective agrarian structures.
So it is merely a
suggestion that so many problems could be solved, to the betterment of the
people, if there was a fundamental reform of land rights and the opinion that the
existing scheme of land reforms shall have to be amended and re-oriented. Land
have suffered a serious setback on account of political and economic bottlenecks
but also due to inadequate and inefficient administrative machinery. To
expedite the work at special court level, the commission suggested that the
entire administrative machinery for the enforcement of land-reforms needs
restriction and overhauling.
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| Provision Relating To the Principles of Distribution of Lands |
বেঙ্গল গেম গেম চেঞ্জার
BENGAL'S GAME CHANGER
OPERATION BARGA
INTRODUCED by the JYOTI
BASU Government in West Bengal in 1978,
Operation Barga gave ownership of land to BARGADARS (SHARE-CROPPERS).
Nearly 15 lakh share-croppers are said to have benefited from the operation
till date. Here the tenants turned in to virtual owner of the land. This move
was the proved game changing in West Bengal Politics which gave the Left Front
complete dominance over the rural area. This land reform movement throughout
rural West Bengal for recording the names of share-croppers while avoiding the
time-consuming methods of recording through the settlement machinery. Through Operation Barga, in
which share-croppers were given inheritable rights on lands they tilled, 1.1
million acres of land was distributed amongst 1.4 million share-croppers.
On 4 June 1978 three-tier Panchayat local bodies were elected across the state,
elections in which the Left Front won a landslide victory.
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| Provision Relating To the Principles of Distribution of Lands BENGAL'S GAME CHANGER |
1978 সালে পশ্চিমবঙ্গের জৈতু বসু সরকার দ্বারা সূচিত, অপারেশন বারগা বারগাদারদের (শেয়ার-ক্রপপার্স) ভূমি মালিকানা দেয়। আজ পর্যন্ত অপারেশন থেকে প্রায় 15 লাখ শেয়ার-ফসলকারী উপকৃত হয়েছে.
1978 में पश्चिम बंगाल में JYOTI BASU सरकार द्वारा शुरू की गई, ऑपरेशन Barga ने BARGADARS (SHARE-CROPPERS) को भूमि का स्वामित्व दिया। कहा जाता है कि ऑपरेशन से अब तक लगभग 15 लाख शेयर-क्रॉपर्स को फायदा हुआ है।
1 9 78 मा पश्चिम बंगालमा जेओटीआई बीएसयू सरकार द्वारा परिचय गरिएको, संचालन बर्गले भूमिको स्वामित्व बर्गाडार (शेयर-प्रवर्धक) लाई दिए। लगभग 15 लाख शेयर-भ्रष्टाचारहरुलाई अहिलेसम्म सञ्चालनबाट लाभान्वित गरिएको छ।
Die Barga, die 1978 von der JYOTI BASU-Regierung in Westbengalen eingeführt wurde, hat BARGADARS (SHARE-CROPPERS) Landbesitz. Bislang hätten fast 15 Lakh-Aktienmakler von der Operation profitiert.
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| Provision Relating To the Principles of Distribution of Lands |
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