LAND REFORMS LEGISLATIONS : KERALA LAND REFORMS ACT,1963

1.Introduction

Land reforms legislation typically involves the redistribution of land from wealthier individuals to those who are less fortunate. More comprehensively, it encompasses the regulation of land ownership, management, leasing, sales, and inheritance, as the very act of redistributing land necessitates legal modifications. In a primarily agrarian economy like India, characterized by significant land scarcity and an uneven distribution of land, alongside a substantial portion of the rural population living in poverty, there are strong economic and political justifications for land reform. Consequently, it was prioritized on the policy agenda during the period of Independence. In the years that followed, India enacted a considerable amount of land reform legislation. The 1949 Constitution delegated the responsibility for adopting and implementing land and tenancy reforms to state governments, resulting in considerable variation in how these reforms were executed across different states and over time. This variability has been leveraged in empirical research aimed at understanding the causes and impacts of land reform.

2.Indian Evidence on the Causes and Effects of Land Reform

The Indian land reform legislation encompasses four primary categories: the elimination of intermediaries who acted as rent collectors in the pre-Independence land revenue system; regulations on tenancy aimed at enhancing the contractual conditions for tenants, including crop shares and security of tenure; the establishment of a ceiling on landholdings to facilitate the redistribution of excess land to the landless; and efforts to consolidate fragmented landholdings. The abolition of intermediaries is widely recognized as a relatively successful aspect of land reforms. However, the outcomes of the other components have been inconsistent, varying by state and over time. Landowners have typically opposed these reforms, leveraging their political influence and employing various evasion tactics, such as registering land under the names of relatives to circumvent the ceiling and relocating tenants across different plots to prevent them from gaining incumbency rights as required by tenancy laws. The effectiveness of land reform has largely depended on the political commitment of certain state governments, with notable successes attributed to the left-wing administrations in Kerala and West Bengal.

3.KERALA LAND REFORMS ACT,1963

The Kerala Land Reforms Act of 1963 is a law aimed at improving social welfare. Its main goals include eliminating middlemen, ensuring that actual farmers own the land they work on, preventing exploitation among individuals, stopping the concentration of agricultural land in the hands of a few, and encouraging better farming practices and higher yields. The Act’s constitutionality was upheld in the case of Narayanan Naik v. State, confirming that setting limits on land ownership and redistributing excess land to those without is a valid agrarian reform measure protected by the Constitution.

DEFINITIONS AND CONCEPTS

CULTIVATING TENANT [S2 (8)]

A cultivating tenant refers to an individual who is currently in possession of and has the right to farm the land included in their holding. This individual must be actively engaged in the cultivation of the land associated with their holding.

According to S.2(7), the term ‘cultivate’ encompasses various forms of cultivation, whether performed solely through one’s own efforts or with assistance from family members, hired laborers, or a combination of both. Additionally, the individual may personally oversee or direct the cultivation activities of these family members or hired laborers, provided that the hired laborers have not agreed to receive a fixed share of the produce as compensation for their work.

The term ‘members of the family’ is defined as follows: (1) for lands owned by a joint family, it includes all members of that family; and (2) in other situations, it refers to the spouse and their direct descendants.

Main Objects of the land Reforms Act , 1962

1. Fixity of tenure for tenants and land resumption by landlords 

2. Standardized rates and equitable rent

 3. Tenants’ right to initiate legal action after two years of unpaid rent

 4. Right to purchase for cultivating tenants 

5. Rights and responsibilities of Kudikidappukaran 

6. Implementation of landholding ceilings

 7. Compensation for individuals relinquishing land exceeding the ceiling limit to the government 

8. Establishment of a Land Tribunal and board 

9. Elimination of intermediaries to promote self-cultivation

TENANT S.2(57)

A tenant is defined as any individual who has either paid or agreed to pay rent or other compensation for the right to occupy and enjoy a piece of land, as granted by someone authorized to lease that land. This definition encompasses the following categories: 

(1) heirs, assignees, or legal representatives of individuals who have paid or agreed to pay rent; (2) intermediaries; 

(3) Kanamdars, Kanam-Kuzhikanamdars, and Kuzhikanamdars;

 (4) Otti Kuzhikanamdars, Mulgenidars, and Verumpattamdars; 

(5) holders of kudiyiruppus or karaimas; 

(6) individuals holding land under kuzhichuvaipum kudiyiruppum; and 

(7) those recognized as tenants under this Act. It is important to note that there is no difference between a tenant and a lessee. Furthermore, the fact that a Kanamdar possesses the land as a right rather than by permission does not exclude them from the definition of a tenant.

Fixity of tenure

Section 13 of the Act grants tenants the right to Fixity of tenure, ensuring that every tenant has stability regarding their holding. This stability applies to tenants under a landlord who is either a member of the Armed Forces or a seaman, provided the tenancy was established within three months prior to their service or during their active duty. Additionally, this right extends to the legal representatives of such landlords.

 Furthermore, Section 75 of the Kerala Land Reforms Act ensures permanent occupancy rights for kudikidapuikarans, stipulating that no kudikidapukartan can be evicted from their kudikidapu except under specific conditions: 

1. If they have transferred their kudikidapu rights to a family member; 

2. If they have leased their rights to another individual for two years; 

3. If they or their relatives have not resided there for two consecutive years;

 4. If they have acquired another kudikidapu or ownership of a different homestead; 

5. If they have taken possession of land located more than five kilometers away, covering at least 25 cents.

4.conclusion

The Kerala Land Reforms Act of 1963 represents a pivotal piece of legislation that has fundamentally changed land ownership and tenure systems in Kerala. By establishing secure tenure, overseeing land resumption, and safeguarding rights, the Act has defended tenant interests and fostered social justice. Its influence on agricultural productivity, social equity, and economic growth has been significant, marking it as a notable instance of successful land reform legislation. The legacy of the Act continues to impact the lives of Keralites, and its principles are still applicable in tackling modern land-related challenges.

Reference

1.https://indiankanoon.org/doc/83055377/

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