HPAS/Allied Mains 2022 Answer Writing Challenge Day 158 : Model Answer

QUESTION: Analyse the Enactments made by the Himachal Pradesh Government for the protection and welfare of the interests of the Agrarian Society. (20 marks/400 words)

Answer:

Land reform usually refers to redistribution of land from the rich to the poor. More broadly, it includes regulation of ownership, operation, leasing, sales, and inheritance of land (indeed, the redistribution of land itself requires legal changes).

Aims of Land Reforms in Himachal Pradesh:

• Providing land to the tiller.
• A Land Reforms to ensure land ceiling and taking away of the surplus land to be distributed among the small and marginal farmers.
• Legitimise tenancy within ceiling limit and establish relation between tenancy and ceiling.

• A Protection of interest of tribals by preventing non-tribals.
• In general, the raising of living standards in rural areas and removing rural poverty.

Enactments made by the Himachal Pradesh government for the protection and welfare of the interests of the Agrarian Society are as follows:

With a view to securing uniformity of tenancy laws in the State, the provisions of the Punjab Tenancy Act, 1887 were made applicable throughout the Pradesh by the Himachal Pradesh (application of laws) Order, 1948. Later in year, 1951, the provisions of Punjab Tenants security of Tenure Act, 1950 were also enforced in Himachal Pradesh.

H.P. Abolition of Big Landed Estates and Land Reforms Act, 1953:

The first major land reform legislation known as the Himachal Pradesh Abolition of Big Landed Estates and land Reforms Act 1953 was enacted came into force in 1955.

The Act governed the law relating to tenancies in agricultural lands and also contained provisions of land reforms of a far-reaching importance. Under the Act, security of tenure to the tenants was ensured; Resumption of land by landowners was permitted for personal cultivation from a maximum area of 5 acres subject to further provision that no tenant would be evicted from more than 1/4th of the area held by him.

Himachal Pradesh Nauthor Land Rules, 1968:

• Nautor Land’ means the right to utilize, with the sanction of the competent authority waste land owned by the government outside the towns, reserved and demarcated protected forests and outside such other areas as may be notified from time to time by the state government.
• Under these rules, procedure is provided for grant of land to needy section of society. Nautor lands are granted out of Government waste land upto twenty bighas to the applicants subject to the fulfillment of the conditions laid down under the rules.
• The object of granting nautor land under the rules is to help poor and unprovided residents of Himachal Pradesh.
• There is a special scheme called the Himachal Pradesh Grant of Nautor Land to Landless Persons and Other Eligible Persons Scheme, 1975 under which nautor lands upto five bighas are granted to the landless and other eligible persons.
• Under this scheme the powers have been delegated to the Tehsildars to sanction nautor lands in order to avoid delay.

The Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971:

• The Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 provides that wherever consolidation is feasible, it should be carried on to consolidate fragmented holdings in Himachal Pradesh under this Act.
• Compact blocks were created during consolidation which further aimed at raising the economic standard of rural poor and agricultural production.

Himachal Pradesh Tenancy and Land Reforms Act, 1972:

• By enacting the Himachal Pradesh Tenancy and Land Reforms Act, 1972 a new era marking abolition of intermediaries on land has ushered in the State. The Act inter-alia examines the relationship between the landlord and his tenant vis-a-vis the land. From the date of commencement of this Act.
• Another important change in tenancy law is that in the case of a dispute between the landowner and the tenants regarding the existence or non-existence of the tenancy, the owner to prove that the tenancy does not exist.
• Tenants who acquire ownership of land in terms of this Act will not be able to transfer such land for a period of ten years, except for productive purposes with the prior and explicit permission of the collector.

Restriction on Purchase of Agricultural Land:

Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 imposes patent restrictions on transfer of land in favour of those non agriculturists who do not cultivate land personally in an estate situated in Himachal Pradesh. The Act prohibits non agriculturalists from procuring/ purchasing any agricultural land in the state so as to discourage speculations in agricultural land.

Himachal Pradesh ceiling on land Holdings Act, 1972:

The Act envisages a ceiling on land holdings with a view to controlling concentration of land in a few hands, and to subsequently distribute surplus land released thus, among the landless. The ceiling is for a family of husband, wife and three minor children. The section 4 of the Act puts a ceiling on holdings of land beyond a certain limit as indicated below: –

1. Land under assured irrigation capable of growing two crops in a year-10 acres;
2. Land under assured irrigation capable of growing one crop in a year-15 acres;
3. Land of classes other then (1) and (2) described above, including land under orchards-30 acres;
4. A separate higher ceiling has been envisaged in respect of certain areas of the pradesh as the above yardstick was not considered a judicious preposition in such areas. For instance, a ceiling of 70 acres has been fixed for whole of the districts of Kinnaur and Lahaul-Spiti; Pangi and Bharmaur areas of Chamba districts; and Chhota Bhangal and Bara Bhangal of district Kangra.

The surplus land so vested in the Government was to be distributed among landless agricultural laborers and to those persons whose holdings do not exceed one acre.

HP Village Common Land Vesting and Utilization Act, 1974:

The Himachal Pradesh village Common Land Utilization Act, 1974 sought to stream line the utilization of village common lands popularly known as ‘Shamlat Land’. Separate Rules with regard to the utilization of village common land prevailed on the eve of Punjab, Re-organization Act, 1966 in two sets of areas in the State viz, the old areas and the merged areas. In Punjab, the Governance of all such lands was done in terms of the Punjab Village Common Land (Regulation) Act, 1961, which vested all village common lands, with certain exceptions, in the Panchayats. In old areas, however, such lands were either with the village communities or with the co-sharers, with no control of the Panchayats or the Government.

Conclusion: The near absence of landlessness in the state could be attributed to the positive effect of the land reforms despite the fact that the disparities in the ownership continue to persist.