Dr. Geetha, K. – Assistant Professor, Department of History, V. T. Bhattathirippad College, Mannanpatta, Sreekrishnapuram, Palakkad, Kerala.
Abstract
Originally land revenue was a share of the grain heap on the threshing floor. Even before the Mughals, the Hindu Rajahs and Chieftains were accustomed to take a certain share of the produce of every cultivated acre, unless, as a special favour that share was remitted. The practice among the Aryan immigrants was quoted by the compiler of the “law of Manu”, who speaks of traders, cattle owners, and artificers contributing a share of their gains to the king. A share from land was one of the payments. Among the Dravidians a portion of the land was allotted to the king cultivated by serfs. Raja Todar Mal (1571 A.D. to 1581) made the first Land Revenue Settlement in kind in Bengal, but revised for cash payments. In Malabar the land lords maintained that the land ever belonged to the state. They never accepted the over lordships in the State. In 1800 Malabar was transferred from Bombay to Madras and its management was made over to Mayor Munro, the advocate of ryotwari, who introduced ryotwari system. The present paper is devoted to an analysis of land holdings and the likely effect of land reform on the distribution of income accruing from land. Since land is the most important asset held in agrarian economics, any changes in the distribution of land holdings must have significant effects on the distribution of income and consumption. An examination will be made of the inferences that can be drawn from the available information on land holdings in Kerala, the prevailing system of land tenures, and the changes made by land reform. Such an analysis may also have wider interest because Kerala happens to be the only State in India where political pressure based on mass organization and support has been a major factor forcing the pace of land reform and where such reform has consequently received sustained attention.
Introduction
Land tenure systems had evolved differently in three areas under three separate regimes viz., the Princely states of Travancore and Cochin and the Malabar province forming part of British India over the preceding century and a half and consequently here were important differences between them when the areas were merged to form the State of Kerala. Land legislation passed since their merger in 1956 has the entire territory of the State, but it has had to take into account some of the differences arising from earlier evolution of land tenures in these areas, and so its impact has varied from area to area.
Traditionally, most of the land throughout the present territory of Kerala was in the hands of a numerically small class of landlords called Jenmies. There was no centralized monarchical administration as in other parts of India, and the rulers were mostly small chieftains interested in the preservation of feudal relationships in land. However, in contrast to the rights enjoyed by feudal lords in Europe, the Jenmies were customarily not regarded as possessing rights absolute ownership over land, but only superior ownership right in a relative sense.1 This meant in practice that those who secured land directly from the Jenmies (or what was called Kanapattam tenure) were in effect tenants with rights of permanent occupancy as long as they paid the customary dues to the Jenmies.
At the time of the formation of Kerala the tenurial system that existed in the State was very complex in nature, the main reason for this being the origin and nature of Jenmam tenure. The tenurial relations were governed by custom and usage and conflicts arose in the interpretation of customary rent. It became necessary for the State to regulate by law the tenurial relationships.2 The land reform laws thus developed in the Travancore, Cochin, Malabar areas differred materially in the emphasis and region of the principal elements that governed the tenurial right and obligations of the landlord, the intermediary and the cultivating tenant as the first unified legislation in the State, the Kerala Agrarian Relations Act, was passed in 1960.3
The basic objective of any land reform measure should be the raising of agricultural productivity and the socio-economic status of cultivators. Ownership of land changes in such a way as to make the actual cultivator a landless labourer and to bring about a concentration of ownership in the hands of a few wealthy people.4 This process leads to a situation where the real tillers of the soil viz., the agricultural labourers neither own land nor command social respect. They along with the tenant farmers constitute the vital, but weak link in the rural economy. In a progressive economy, a complete break away from the twin evils of low productivity of land and exploitation of the peasantry is inevitable. These evils arise from the fact that the ownership of land is not vested in the actual tillers of the soil. Therefore, land reform measures generally aim at confirming a greater amount of security of tenure on the tenants.5
In the history of land reforms a new era began after the formation of Kerala State in 1956. In 1957 the Kerala Stay of Eviction Proceedings Act, 1957, was passed with a view to provide for temporary protection to tenants, Kudikidappukars and persons cultivating the land on minor sub-tenures at the will of the proprietors. As per this Act, suits and other proceedings for eviction of a person from his holding or for the recovery of arrears of rent in respect of or for damages for use and occupation of the holdings accured due before 11th April 1957 were prohibited and all pending suits and other proceedings were stayed. A similar relief was granted to Kudikidappukar and Varamdar. The Holdings (Stay of Eviction Proceedings) Act, 1950 was repealed by this Act which was kept alive by amendments from time to time. The latest amendment to the Act is 21 of 1960 which extended its duration up to 11th April 1961.6
The Kerala Compensation for Tenant’s Improvements Act repealed the Malabar Compensation for Tenant’s Improvements Act, 1899 and the Travancore-Cochin compensation for Tenant’s Improvements Act, 1956. It made for tenants in the State of Kerala. It provided for compensation at the rate of 15 times the net annual yield of trees planted by them and actual value for permanent structures put up by them.7 The Jemikaram Payment Abolition Act 3 replaced the Jenmi and Kudiyan Act of 1071 and provided for the payment of compensation to Jenmies in lump sum instead of periodical payments made as per the Jenmi and Kudiyan Act of 1071.8
The most revolutionary piece of land reforms was introduced in 1960. As the first unified legislation in Kerala, the Kerala Agricultural Relations Act was passed in 1960 embodying the broad principles of land reforms as enunciated in the Five Year Plans. It provided for fixity of tenure to tenants and Kudikidappukar, resumption of land held by a tenant having fixity of tenure, determination of fair rent to be paid by tenants, mode of payment of rent discharge of arrears of rent, vesting in Government of landlords rights in land held by tenants and assignment of such rights to tenants, restriction upon ownership and possession of land in excess of ceiling area and disposal of excess lands. A novel feature of this Act was that it provided for the establishment of Land Board and Land Tribunals for the implementation of its provisions.9
This Act extended fixity of tenure to Varamdars10 of nilams11 for paddy cultivation. Odacharthudars12 and punam are kumari cultivators.13 Grounds of eviction like waste denial which existed as per the Malabar Tenancy Act and the Cochin Venempattamdars Act were no longer available under this Act.14 As per the Travancore-Cochin Prevention of Eviction of Kudikidappukars Act, 1955 (T.C Act 13 of 1955) permission for Kudikidappu15 was to be given by the owner of the land. But under the Kerala Agrarian Relations Act a person in lawful possession of the land could give permission. The Act gave fixity of tenure to Kudikidappukar.16
The enactment of the Kerala Land Reform Act, 1963 was an important landmark in the history of agrarian reform in the State. This Act repealed the Kerala Agrarian Relation Act 1960, the Malabar Tenancy Act VIII of III ME (1942-43 AD) the Madras Cultivating Tenants (Payments of Fair Rent) Act, 1956 and the Travancore-Cochin Prevention of Eviction of Kudikidappukara Act, 1955 and enacted a single State governing the relationship between landlord and tenant throughout the State.17
The main objects of Kerala Land Reforms Act of 1969 were:-
1. To confer fixity of tenure on tenants
2. To fix the fair rent in respect of holding
3. To confer the right of purchase of the landlord’s rights, little land interest on the cultivating tenants.
4. To define the rights and liabilities of Kudikidappukars.
5. To place a ceiling on the ownership and possession of land and provide for the disposal of excess land.18
Besides, there were also some provisions of secondary importance. The Act came into force from early 1970. The negative of the provisions of this Act indicates that this State does not affect the land tenures not specially mentioned in it. This Act, as amended from time to time considerably helped the tenants to become owners of tenancy land. Many hutment dwellers could purchase their homelands with all the apparel tenants. The excess land above the ceiling area was also distributed. Thus another notable impact of these reforms was the reduction in the number of landless agricultural households and the abolition of absentee landlordism.19
As a result of the Kerala Land Act, full ownership in respect of the tenanted land was conformed on the cultivating tenants subject to the provisions on ceiling and the tenants were brought into direct relationship with the Government duly abolishing the landlords and intermediaries rights on such lands. Till the end of December 1976, a total number of 31.49 lakh applications had been filed for getting the assignment of right, title and interest of ownership of tenancy holdings compared to 20.19 lakhs applications at the end of December 1975. Of these, the cases disposed of till the end of December 1976 stood at 26.01 lakhs of allowed cases and 4.63 lakhs of rejected cases. The remaining disposals are cases of a repetitive having already been disposed off under any of the other categories of purchase issued to tenants numbered 12.82 lakhs till the end of December 1976.20
Apart from the implementation of the K.L.R. Act a number of other legislations relating to assignment and distribution of land have been enacted and are being implemented for promoting the welfare of landless and agricultural workers and other weaker sections of the community. These legislations include the Jenmikaram Payment (abolition) Act, Kanam Tenancy (abolition) Act, the Sreepadam Lands Enfranchisement Act, Tiruppuvaram Payment (abolition) Act, Edavagai Rights Abolition Act, the Pattazhi Devaswam Land Act, the Kannandevan Hills (Resumption of lands) Act, Government Land Assignment Act, Arable Forest Land Assignment Rules, assignment of land under the scheme for settlement of Agricultural Labourers and the Assignment of Forest Lands Act.
Under the Kerala Land Assignment Act, Government lands have been classified into two categories viz., land required to assignment is estimated to be 4.03 lakh acres, of which 3.51 lakh acres have been assigned upto 31st December 1976. Over 52,000 acres are available for further distribution. The beneficiaries of the Kerala Land Assignment Programme comprised 3.70 lakh families of which as many as seventy three thousand belonged to the scheduled castes and tribes.21
The extent of forest area available for assignment under the Arable Forest Land Assignment Rules is estimated to be 17,287 acres. Between January 1970 and December 1976 of the arable forest land that had been distributed amounted to ten thousand and eight hundred acres. The allotters of forest land comprised of 8434 persons of whom 3682 belonged to Scheduled Castes and Scheduled Tribes. There were 4.85 private forests in the State have been taken over by the Government as per Kerala Private Forest (Vesting and Assignment) Act, 1971. The extent of land available for assignment is estimated to be about 1.5 lakh acres Steps are under way for the assignment of these lands to indigent families.
The Kerala Agricultural Workers Act, 1974 envisages ‘security of employment, fixation of working hours, payment of reasonable rates of wages, fair settlement of disputes of the agricultural worker and provident fund for agricultural workers. Accepting the provisions relating to Agricultural Workers Provident Fund Scheme the other provisions of the Act came into being with effect from 2nd October 1975. The registration of agricultural workers was started during the year 1975-86 upto the end of March 1976, a total number of 16.4 lakh agricultural workers were registered under the Act.22
Conciliation Officers (District Labour Officers and Deputy Labour Officers) were appointed with executive powers to conciliate in disputes and decide the ‘prescribed wages’ in kind and recover the same from defaulting land owners by removing the harvested paddy at the threshing floor. Eleven Agricultural Tribunals – One in each district – have been constituted to hear appeals on any order passed by the conciliation officers under section 20 of this Act. At the State level, the enforcement of the Act is supervised by a Deputy Labour Commissioner under the direction and control of Labour Commissioner under Assistant Labour Officers for the purpose of enforcement the Act, particularly, in the maintenance of necessary register by the land owners. Between October 1975, and March 1976, three thousand six hundred and two inspections have been conducted. Action is being taken against defaulting land owners.
The agrarian reforms in Kerala have benefited over 3.1 million persons till the end of December 1976. The beneficiaries include nearly 94,100 persons belonging to Scheduled Castes and Tribes. The Agricultural Workers Act would benefit 2 million agricultural labourers in the State.23 In consequence to this Act, the Kerala Land Reforms Act 1963 was introduced with one thrity two major sections and later on this was amended by amendment Act 35 of 1969. The Kerala Land Reforms Act 1963 (act one of 1964) is an act to enact a comprehensive legislation relating to the land reform in Kerala.
Out of the 132 sections in the Kerala Land Reforms Act of 1964, the most important section which is commonly used by the Land Tribunal (Quansy Judicial Authority) Section 72 which deals with vesting of landlords rights in the Government and vesting of landlord rights in the tenant.
On a date to be notified by the Government in this behalf in the Gazetteers; all right little land interest of the land owners) and intermediaries. (Madhaivarthi or Kanari) in respect of holding held of cultivating by tenants (including holders of Kudiyiruppukar’s of holders of ‘Karaimai’) entitled to fixity of tenure under section 13 shall subject to the provisions to this section, rest in the Government free from all encumbrances created by the land-owners, and intermediaries and subsisting their on the date.
The land tribunal shall issue a certificate of purchase to the cultivating the tenant in form ‘K’ under section ’72 K’ and there upon the right ‘K’ little land interests of the land-owner and the intermediary if any in respect of the holding or part thereof to which the certificate the relates shall vest in the cultivating tenant free from all encumbrances created by the land-owner of intermediaries if any. Section 72 ‘A’ states that, when the State proceeds to settle the lands or tenants, it extract them took pay a fair amount of price for the land and puts the ceiling on the price that it shall never exceed the amount of compensation payable and respect of the land.
Section 72 ‘BB’ deals with the right of landlord to apply for assignment and compensation any land-owner or intermediary little land interest in respect of any holding have vested or the Government may apply to the Land Tribunal for the assignment of the such right, little land interest to the cultivating tenant and for the payment of the compensation due to him under section 72 ‘D’ deals with the purchase price the cultivate tenant shall be liable to pay purchase to the Government on the assignments to himself to the right little land interest of the land right owner and intermediaries of any the purchase price shall be aggregate of 16 times of the fairent (Marriadapattom) of the holding or part thereof, the right little and interest in respect of which have been assign to the cultivated land. The value structures and embankments of a permanent native which belonged to the land owner and intermediaries if any, at the time of vesting in the Government.
Section 72 ‘C’ one half of the value of the timber trees which belonged to the land-owner and the intermediaries if any at the time of vesting in the Government.24 There have been persistent demands from various political parties in the State and the public in general for popular participation in the implementation of the Kerala Land Reforms Act 1963, especially the ceiling provisions. In the working of the Act has also revealed that popular participations is essential for the speedy and effective implementation of the Act. It has also become necessary to plug certain loopholes in certain provisions of the Act, which had come to native during its implementations village. Committees are proposed to be constituted for helping the implementation of the provisions of the Act regarding assignment of landlords and intermediaries right to the cultivating tenants. Taluk Land Boards have also been proposed for the purpose of decentralization of the functions of the ceiling provisions. Land Reforms Review Board is also sought to be constituted with power to give necessary guidelines to the various authorities and officers implementing the Act.
This Act help to the way of attaining land in their own provide facilities for developing their education knowledge and improve their standard of living also. At present based on this Act, only the Government has been made certain amendments in the land reforms. Therefore, this Act is inevitable source of not only the Government but also for the tenant of land reforms. So we can say, that it is a nut shell of the ’Kerala Land Reforms Act.”
CONCLUSION
During the period of kingship in Kerala the ownership of land was with the King, who at his will assigned lands to individuals and they were to pay tax to the King. As long as the individuals paid tax due to the government they had the ownership of the land. In this way ownership of land called Jenmies, who were small landlords, emerged. Land reforms were introduced with the objective of making the tillers of the soil the absolute owner of the land and to reduce social inequalities. An analysis of the land tenure show that various types of land holding existed, especially some had ownership of land, whereas some had no ownership of land, but cultivate the land and gain the benefits after paying the tax. Temples also owned lands, which were exempted from paying tax to the government. Land Tenure Acts passed by the Government of Kerala made the tillers of the soil the actual owners of the land. Eviction of the land holders from their land became impossible.
References
1. E.M.S. Nambordiripad, The Natural Question in Kerala, Peoples Publishing House, 1952, p. 24.
2. S. Umadevi, Plantation Economics of the IIIrd World, Bombay, 1989, p. 60.
3. Land Reforms Survey in Kerala Report (1966-67), Bureau of Economics and Statistics, Thiruvanthapuram, 1968, p. 28.
4. Dhires Bhattacharya, Understanding Indian Economy, A Course of Analysis, 1978, p. 52.
5. Land Reforms Survey in Kerala 1966-67, Report Bureau of Economics and Statisics, Thiruvanthapuram, 1968, p. 13.
6. Bureau of Economic and Statistics Report, Government of Kerala, Land Reforms Survey in Kerala 1966-67, Thiruvanthapuram, 1960, p. 26.
7. Government of Kerala, The Act and Ordinance of Kerala, 1958, Thiruvanthapuram, pp. 117-120.
8. Ibid., p. 45.
9. Ibid.
10. Varamdars means a person who cultivates under a varam arrangement.
11. Nilam means a person who cultivates under a varam arrangement.
12. Odacharthu means an agreement for cutting bamboos in Malabar.
13. Punam or Kumari cultivator means a person who has raised crops by punam or kumari cultivatin in any year between 1958 and where there are successive cultivators in respect of the same land, the cultivator who raised crops last by such cultivation during the said period.
14. Government of Kerala, The Act and Ordinance of Kerala, 1962, Thiruvanthapuram, p. 45.
15. Kudikidappu menas the land and the homestead or the hut so permitted to be erected or occupied together with the casements attached thereto.
16. Government of Kerala, The Act and Ordinance of Kerala, 1962, Thiruvanthapuram, p. 45.
17. Government of Kerala, Land Reforms Survey in Kerala 1966-67, A Report, Bureau of Economics and Statistics, Thiruvanthapuram, 1968, pp. 28-32.
18. M. Vijayannuni, District Census of Hand Book, Census of India, Series 10, Kerala, 1981, p. 13.
19. M. Vijayannuni, Census of India, Kerala, 1981, p. 13.
20. Government of Kerala, Bureau of Economic Review, State Planning Board, Thiruvanthapuram, 1976, p. 39.
21. Ibid.
22. Ibid.
23. Ibid.
24. Government of Kerala, Kerala Land Reforms Act, 1970, Thiruvanthapuram, pp. 1-225.