Chapter-II: Agricultural Production in Assam: An Overview
2.13: Land Tenure System in Assam
2.13.2: Land Reform Measures introduced in Assam and their Effects
The land reform measures were adopted by the Government of Assam to remove the defects and exploitative character of the land tenure system, which prevailed in the state prior to its independence. Agricultural production on the one hand and protecting cultivator in enjoying the fruits of their labour and reinvest in agricultural activities, on the other are main objectives of land reforms. Land reform measures adopted by the Government of Assam since independence are briefly discussed below:
(A) Abolition of Intermediary Tenures: Along with other states of India, the Zamindari system in Assam was also abolished through two Acts, viz, (i) The Assam Management of Estate Act, 1947 which came into force in 1952-53, and (ii) The Assam State Acquisition of Zamindaries Act, 1948, which came into force in 1953-54. The Zamindari system was finally abolished in 1955. With this abolition of intermediaries, a huge number of farmers have been brought into direct relationship with the state government and the state government prepared a tenant record-of-rights (Gangopadhyay, 1990). This was the first tool of land reforms.
(B) Land Ceiling: The Assam Fixation of Ceiling on Land Holding Act, 1956 came into force in 1958 in all plain districts of Assam and was amended extensively in 1972, 1975 and 1976. This is the second tool of land reforms. The principal objective of this act was to reduce the disparity among the holder of land by taking away the excess lands from large holdings and redistribute them among the landless and small landholders. The Act fixes a standard area for cultivator at 50 bighas (16.33 acres) and reduced the allowable area of orchards from 30 bighas (9.92 acres) to 15 bighas (4.96 acres) in 1972. As on 30th June, 1992, total amount of area declared ceiling surplus in Assam was 6.10 lakh acres, out of which area taken in possession was 5.49 lakh acres, distributed 4.62 lakh acres and total number of beneficiaries was 4.03 lakhs (Dhar, 2007). However, the recent record of distribution of ceiling surplus lands in Assam is not tenants or raiyats, namely, (i) Privileged raiyats who hold land at rates of rent not exceeding the revenue rates, (ii) Occupancy raiyats who have right of occupancy in the land, (iii) Non-occupancy raiyats who have no such rights of occupancy and (iv) Under-raiyats, i.e., tenants holding land under the raiyats. If a tenant can hold the land continuously for 12 years, he would be eligible for acquisition of the rights of the privileged raiyats [The Assam (Temporarily Settled Districts) Tenancy Act, 1935, Govt. of Assam].
easily accessible. Govt. of Assam has discontinuously implemented ceiling act and distributed the acquired land to different sections of the society. But the performance of the state in respect of distribution of ceiling surplus land since 1998 is negligible. Till 31st December 1999, 613400 acres of land have been declared as ceiling surplus and land acquisition done in 612500 acres in Assam (Directorate of Land Acquisition, Requisition and Reform, Govt. of Assam). Acquisition and distribution of ceiling surplus land in Assam up to 31st March 1998 can be observed from the following table.
Table-2.14: Distribution of ceiling surplus land in Assam (upto 31st March 1998) Sl.
No.
Head of Ceiling Acquisition and Distribution of land till March 1990 (in lakh ha.)
Acquisition and Distribution till March 1998 (in lakh ha.)
1 Area declared as surplus - 6.12
2 Area taken possession of 2.47 5.76
3 Area Distributed (Total) 0.92 (100%) 5.05 (100%)
Minority 0.136 (14.78%) 0.43 (8.51%)
SC 0.136 (14.78%) 0.46 (9.11%)
ST 0.188 (20.43%) 0.59 (11.68%)
Ex-Tea Garden Labourer 0.289 (31.41%) 0.88 (17.43%)
Institutions 0.08 (8.7%) 0.21 (4.16%)
Others 0.087 (9.46%) 2.48 (49.11%)
4 No. of beneficiaries (in lakh)
7.1 (100%) 4.45 (100%)
Minority 0.33 (4.65%) 0.39 (8.76%)
SC 0.34 (4.79%) 0.44 (9.88%)
ST 3.71 (52.25%) 0.42 (9.44%)
Ex-Tea Garden Labourer 0.73 (10.28%) 0.83 (18.65%)
Institutions 0.005 (0.07%) 0.00651(0.15%)
Others 1.99 (28.05%) 2.36 (53.03%)
Note: Figures in bracket are the percentage of the total.
Source: Directorate of Land Requisition, Acquisition and Reforms, Govt. of India.
Higher land inequalities could be reduced and the constraint of land-man ratio could be eased if the availability and access to land of small and marginal farmers and also of landless labourers could be increased.
(C) Security to Tenants: To provide fixity of tenure, curbing the freedom of landowners to eject tenants and fixing the maximum rate of rent, the first legislation
enacted in Assam was Goalpara Tenancy Act in 1929. The Act conferred occupancy rights to the sub-tenants and under tenants (Guha, 1991). The Tenancy Act of 1935 repealed and replaced by the new Assam (Temporarily Settled Areas) Tenancy Act (Assam Act XXIII of 1971) passed in 1971 to provide security and proper justice to tenant‟s rights. Along with it, the Adhiar Protection and Regulation Act, 1948 was also repealed as the Adhiar was given the status of a tenant under the new Act. An occupancy tenant cannot be ejected now for non-payment of rent; he can be ejected only if he renders the land unfit for cultivation. For acquisition right of the occupancy raiyats, a person should now hold land as tenant for not less than three years against 12 years.
Maximum of rent both in cash and kind has been provided (Gangopadhyay, 1990).
(D) Consolidation of Holdings: The Assam Consolidation of Holding Act, 1960 was enacted in 1961 for consolidation or prevention of fragmentation of agricultural holdings below 5 bighas (1.65 acres) for better cultivation in the plain districts of Assam.
Fragment means holding of less than one hectare in area (Das, 2011). A programme for consolidation of land holdings was in progress till 1969-70 and an area about 2005 bighas (662.81 acres) of land in 14 villages was brought under the scheme. But, since June 1969 this scheme had been kept in abeyance (Dhar, 2007).
(E) Protection of Tribal Land: In order to protect the interests of the plain tribal people of the State, the Government of Assam passed the Assam Land and Revenue Regulation (Amendment) Act in 1947 by adding a new chapter, Chapter X in the Assam Land and Revenue Regulation Act, 1886 on the basis of the recommendation by a committee headed by Mr. Hockenhull27. It enabled the state government to specify the backward classes and constitute compact areas as protected belts or blocks.28 It also laid down the special protection measures applicable to the notified classes in the matter of settlement of Government land, rights of settlement holder and land holder, the restriction of transferring patta land, eviction of unauthorized occupant and jurisdiction of civil court (Gangopadhyay, 1990). Under the direction of this Act, 47 belts and blocks (17 belts and 30 blocks) were constituted in the areas predominantly inhabited by the tribal people in the plain districts of Brahmaputra Valley.
27Pegu, R., 2011. “Tribal Belts and Blocks in Assam: A Review and Present Status”, The Assam Tribune, 2011.
28 Tribal belts and blocks were products of the colonial policies which had created special provisions for various protected groups including tribes. Large areas are termed as „belts‟ and smaller areas are called „blocks‟
Section 162 (2) of Assam Land and Revenue Regulation (Amendment) Act, 1947, laid down that no person shall acquire any land in protection belts/blocks by way of transfer, exchange, lease, agreement or settlement in contravention of the provision of Chapter X. The land holders, i.e., the periodic lease holder, in a protected belt or block also has no right to transfer his land to any person belonging to non-protected classes, or to any person who is not a permanent resident in that protected belt/block (Gangopadhyay, 1990).
However, it is observed that the law was never enforced strictly. Pegu (2011) said, “It was a misnomer to use the phrases „tribal belts‟ because other groups are also involved”. The All Assam Tribal Sangtha (AATS) and All Bodo Students‟ Union (ABSU), two tribal organizations of Assam said “many indigenous people in the state did not have land patta.” They are demanding immediate implementation of the Schedule Tribe Forest Dweller/Other Traditional Forest Dweller (Recognition of Forest Right) Act, 2006, to grant land patta to the traditional tribal forest dweller (The Telegraph, 2013).
A large number of land reform measures have been introduced and useful land reform acts have been passed in Assam since 1948. However, the implementation of these acts has not been properly organized and the impact has been negligible. Because of the absence of the required machinery to implement these acts in the field not much in the sphere of land reforms has been done (Report of the Assam Agriculture Commission, 1975). The faults in legislations, bureaucratic obstacles, lack of political will, vested interest of the large landowners, and the political nexus, etc. hinder proper implementation of land reform measures in Assam and it is still far away from its goal (Daimari, 2008).