Land Tribunals in Land Reform Legislation Kerala and Bombay

G A Rao IN th i s paper an a t t e m p t is made

at a compara t ive s tudy of the Bombay Tenancy a n d A g r i c u l t u r a l Lands A c t and the K e r a l a A g r a ­r i a n Rela t ions B i l l . The B o m b a y A c t is w ide ly accepted as the most progressive enactment In the f ield o f l a n d r e f o r m legis la t ion i n the country . The K e r a l a B i l l i n some respects improves on the B o m b a y A c t , i n t h a t i t a t tempts t o avo id the defects of the l a t t e r . Th i s paper as­sumes t h a t the acceptance of the pr inciple o f ' L a n d to the T i l l e r , the l a n d pol icy in the Plans, a n d the Di rec t ive Principles of State Po l i cy stated in the Cons t i tu t ion are closed questions a n d does not "go into the v a l i d i t y of these. N o r does i t go i n t o the economic and social consequen­ces o f l a n d r e f o r m . I t goes o n l y i n t o the admin i s t r a t i ve impl ica t ions of such legis la t ion and the var ious r igh t s a n d duties of the l and lo rd and the tenant consequent on the legis la t ion coming i n t o force. More p a r t i c u l a r l y i t makes a s tudy o f the powers and funct ions o f L a n d Tr ibuna l s a n d how f a r they are suited to put. such enactments in to force. B o t h the B o m b a y Ten­ancy a n d A g r i c u l t u r a l Lands A c t and the K e r a l a A g r a r i a n Relat ions B i l l provide fo r such bodies w h i c h are the common ground fo r a com­para t ive study.

Courts or Tribunals? The problem o f l a n d r e f o r m ad­

m i n i s t r a t i o n f ina l ly boils d o w n to t h a t o f se t t ing up efficient l a n d t r i ­bunals, Prejudice agains t such bodies is common because l aymen w i t h o u t legal t r a i n i n g preside over t hem and use the power given to them, in w h a t appears to some, in an a r b i t r a r y manner . Fa i lu re to hear b o t h sides, p r iva te consulta­t ions, pol icy outside statute, facts determined independently of pol icy are some of the most common com­pla in ts made agains t admin i s t ra ­t i ve t r ibuna l s . V e r y of ten these bodies are empowered to m a k e f inal decisions a l l on t he i r own , w i t h i n the i r sphere. Th i s has the effect of r e s t r i c t i n g the j u r i sd i c t i on of C i v i l Courts in respect of these mat te rs . Absence of ar rangements to review decisions, the concentra t ion of power in these bodies a n d the absence of

appellate author i t ies are other sour­ces of anxie ty .

The l a w sui t me thod of adjudica­t i o n in a C i v i l Cour t w h i c h i s the o ther a l te rna t ive i s no t w i t h o u t defects either. I nd iv idua l s are i n ­cl ined to put up w i t h sma l l injustices r a the r t h a n take a s tand agains t the Government . The expense i n ­vo lved in ge t t i ng just ice t h r o u g h C i v i l Courts m a y compel a m a n w i t h o u t resources to pu t up w i t h in-just ice. The landlords on the other hand , w i t h the i r la rge f inanc ia l re­sources and permanent connections w i t h clever lawyers , have h a d the t r a d i t i o n of explo i t ing the less fo r ­tunate tenants a n d l eav ing l i t t l e chance fo r the tenants to get the i r grievances redressed, or of s lowing d o w n th i s process considerably.

I n v iew o f a l l th i s , instead o f condemning the system of admin i ­s t ra t ive t r ibunals , i t w o u l d be wise to see whether it w o u l d be possible, by means of checks and balances, to derive the best f r o m such bodies w i t h o u t h a v i n g the i r disadvantages Th i s w o u l d involve an adjustment between the a u t h o r i t y of the State and the r igh t s of the people. The admin i s t r a t ive t r i b u n a l should therefore not only be efficient in the exercise of i t s powers bu t i t should also satisfy the general body of citizens by m a k i n g a compromise between the public interests i t pro­tects a n d the p r iva te interests i t dis-turbs . I t has to be proved t h a t the public servant w h o rides rough shod over i nd iv idua l objections does no t lose s ight of the public we l l -being. A safe-guard agains t the misuse of powers could t ake the shape of g i v i n g reasonable appellate powers w i t h i n we l l defined l i m i t s to prevent gross miscarr iage of just ice. The danger of h a v i n g un t r a ined officers presiding over the t r ibuna l s can be avoided by devis ing a r e l i ­able method of r e c r u i t i n g personnel.

The Powers of the Tribunals

The topic of l a n d t r ibuna l s is v i t a l to th is discussion because both the B o m b a y a n d K e r a l a enactments depend on them f o r the i r efficiency f o r the proper a d m i n i s t r a t i o n env i ­saged therein, the purpose being to establish w h a t a m o u n t o f concentra­

t i o n of power is necessary to enable t hem to p lay the i r assigned role

W h e n the K e r a l a A g r a r i a n Rela­t ions B i l l comes i n t o force the l a n d t r i b u n a l w i l l have the f o l l o w i n g powers:

I . T o determine the purchase price of the land.

I I . T o determine the value o f the site of the dwe l l i ng house,

III . To decide disputes a r i s i n g out of the tenants purchase of l and .

I V . A n y other du ty w h i c h m a y be prescribed by the Government .

I n the o r ig ina l B i l l t h e L a n d T r i b u ­na l was to consist of on ly one m e m ­ber, bu t an amendment has been in t roduced d u r i n g discussion of the B i l l i n the State Assembly w h i c h seeks to have three members to con­st i tute the T r i b u n a l , one of w h o m is to be nomina ted by the Govern­ment f r o m among advocates w i t h not less than three years s t and ing at the bar or f rom among persons who had been or are j u d i c i a l or revenue officers. This officer is to preside over the T r i b u n a l . The o ther t w o members are to be elected f r o m among the members of the local author i t ies o f the area f o r w h i c h the T r i b u n a l has been const i tu ted. The functions o f the L a n d T r i b u n a l could be exercised by a l l the three members. I f there i s any difference of opinion when a l l the three mem-bers are present, the decision of the m a j o r i t y i s to prevai l . Where how­ever in the absence of one member there is a difference of opin ion be­tween the other two . the member who is absent w i l l a t the next meet-i n g decide the issue on his own . The decisions of the L a n d Tr ibuna l s are subject to appeal to the D i s t r i c t Judge who is to act as persona de-s ignata and his decision in the m a t -ter is final.

Land Board The B i l l also provides fo r a L a n d

B o a r d for the whole of the State, w h i c h is to consist of a member of the B o a r d of Revenue and t w o offi­cers o f the Government. I t has f u l l powers of a C i v i l Cour t as specified in the Code o f C i v i l Procedure in ma t t e r s concerning the s u m m o n i n g of witnesses on oath , r equ i r i ng the

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produc t ion of documents, receiving evidence on aff idavits , issuing com­missions fo r the examina t ion of w i t ­nesses and any o ther m a t t e r t h a t m a y be prescribed. (The C i v i l Courts have also s u m m a r y j u r i sd i c t i on over rent suits i n i t i a t e d by the l a n d lords where the amount invo lved does not exceed Rs 200/-, The de­cision of the Munsi f , w h o is to han­dle the w o r k , is final.)

In Bombay The Bombay A c t provides fo r

s i m i l a r L a n d T r ibuna l s w i t h the same powers consis t ing of three or more members one of w h o m must be a person ho ld ing a j ud i c i a l post not lower in status to t h a t of a C i v i l judge under the Bombay C i v i l Courts ' A c t , or any person who is qual if ied to pract ice in the Courts o f the Bombay State. The M a m -la tda r w o r k s on the same level as the L a n d Tr ibuna l s , This i s an office u n k n o w n to the Kera la B i l l . I m m e d i a t e l y above h i m , there is the Col lector w h o has the powers to w i t h d r a w proceedings f r o m one M a m a l a t d a r and al locate t h e m to another. Where the l a n d l o r d pos­sesses lands in the ju r i sd i c t ion of m a n y M a m l a t d a r s in the same dis­t r i c t , the dispute w i l l have to be decided by the Collector. In cases where the other pieces of l and be­long ing to the same l and lo rd are in different d is t r ic ts , the dispute w i l l have to be dealt w i t h by the D iv i s iona l Officer. I f the other plots of l a n d belonging to the same l a n d l o r d are s i tuated in different divisions, the appeal lies at the State Government , The f inal appellate a u t h o r i t y in the Bombay system is the B o m b a y Revenue T r i b u n a l , w h i c h is to func t ion l i ke a C i v i l Cour t .

The most s t r i k i n g difference be­tween the t w o sets of t r ibuna l s in the enactments is the difference in the appellate powers g iven to the h igher author i t ies . I n B o m b a y there is a h i e ra rchy of appellate au tho r i ­ties s t a r t i n g f r o m the M a m a l n t d a r and the L a n d T r i b u n a l a t the low­est level a n d go ing up to the Col ­lector, the D i v i s i o n a l Officer and tbe State Revenue T r i b u n a l h igher nn . B u t a t no stage do the C i v i l Courts come i n t o the picture . A l l appellate au thor i t ies are Part of the Revenue Depar tment . The K e r a l a B i l l , be cause of i ts l i m i t e d appellate autho­ri t ies, i s bet ter suited a n d the L a n d Tr ibuna l s of tha t system w i l l be able to come to correct decisions and w i l l resul t in better implemen­t a t i o n of the land l eg i s l a t ion .

Fixity of Tenure To safeguard the interests of

tenants the K e r a l a B i l l provides fo r the payment of so la t ium by the l and lo rd to the tenant f r o m w h o m the l andho ld ing is resumed. Th is amoun t has been f ixed at an amount equal to one year's ren t where the t enan t is not ent i t led to compensa­t i o n for the improvements made. There is no such provis ion made in the Bombay A c t .

A special clause for the tenants under small-holders in the M a l a b a r area, as suggested by the Select Commit tee , enables a tenant, if he chooses, to purchase the entire land compr i s ing the ho ld ing by pay ing a sum equal to 12 t imes the rent to the smallholders.

The Ke ra l a B i l l fixes definite l i m i t s to the r igh t s of resumpt ion. The exercise of th is r i g h t should no t result in reducing the l a n d in posses­sion of the tenant to less t h a n one acre of double crop l a n d or i t s equi­valent . If the l and is to be resumed fo r bu i ld ing purposes, the l and lo rd can resume only 20 cents if the ten­ant f r o m w h o m it is resumed has less t h a n one acre of land. '

I n Bombay, p r io r t o the Bombay Tenancy and A g r i c u l t u r a l Lands A c t 1957, the l and lo rd could resume l a n d for personal c u l t i v a t i o n w i t h o u t any res t r ic t ion . Th i s h a d the effect of v i t i a t i n g the aims w i t h w h i c h the l and r e fo rm legis la t ion was under­taken . The amending A c t of 1957 ensures tha t whi le the l a n d l o r d has a r i g h t to resume lands f o r personal cu l t i va t ion , a l i m i t to this r i g h t is f ixed at 48 acres of d r y l a n d or 24 acres of seasonally i r r i g a t e d l and a n d 12 acres of perenial ly i r r i g a t e d l and .

F a i r Rent The K e r a l a B i l l simplifies the

process of f ix ing ren t by l a y i n g down a schedule of rates, T h i s w i l l help the T r ibuna l s to come to qu ick and correct decisions. By an amend­ment accepted d u r i n g the discussion of the B i l l i n the State Assembly, i t has been provided t h a t the sche­dule of f a i r rents f ixed by the Gov­ernment should receive legis la t ive sanction before i t is applied. Th i s is a good legislat ive check on the misuse of power by the executive.

The Bombay A c t is vague on this point . I t merely prescribes the m a x i m u m and the m i n i m u m l i m i t s w i t h i n w h i c h fa i r rent should v a r y and states tha t the rent should nd t be more than five t imes the assess­ment payable in respect of t h a t l and or at the rate of t w e n t y rupees an acre whichever is less and sha l l not in any case be leas t h a n twice the assessment. The t r i b u n a l has to go in to the mer i t s of each case and f ix the f a i r rent .

Small Holders To prevent the provisions of the

Kera l a B i l l go ing against the in te­rests of small-holders, a special p ro­vis ion has been made. The B i l l defines a small-holder as one w h o neither as owner nor as permanent tenant holds a t o t a l area of l a n d exceeding five acres in extent Of double crop land, leased or ren ted out in respect of such ho ld ing . A n y small -holder can apply to the L a n d T r i b u n a l for the de te rmina t ion o f the extent of l and t h a t m a y be pur­chased by the tenant f r o m the sma l l ­holder and the compensation t h a t w i l l have to be paid fo r i t . In m a k i n g these decisions, the L a n d

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T r i b u n a l w i l l have t o t ake i n to considerat ion the re la t ive economic posi t ion of the parties, the absence of o ther means of l ive l ihood of the small-holder, the labour a n d capi ta l spent by each p a r t y to the dispute fo r Improvements on the l a n d and then come to an equitable sett lement. In cases where the tenant of the sma l l holder has as owner or as permanent t enan t more l a n d t h a n the s m a l l l a n d holder the l a n d t r i ­bunal has the power to a l low the sma l l holder to resume the ent i re ho ld ing . By an amendment i n t r o ­duced when the B i l l was being dis­cussed in the State Assembly, the tenant is required to surrender one h a l f of his ho ld ing to the smal l ­holder and r e t a i n the other h a l f for himself, where there is an agree­ment between t h e m to t h a t effect.

The Select Commit tee has sug­gested t h a t the r i g h t of the perma­nent tenants to resume l and held by t h e m should be extended to a l l tenants except those h o l d i n g under small-holders and landlords who are ent i t led to resume l and fo r self-c u l t i v a t i o n . I n addi t ion , the Com­mit tee has suggested t h a t 25 per cent of the excess l a n d must be g iven t o smal l holders w h o a r e n o t en t i t l ed to receive any land, a n d the r e m a i n i n g 25 per cent to cu l t iva tors who do not possess any l a n d or whose ho ld ing is less t h a n 5 acres of double crop l and . The purchase price of such l and should be 55 per cent of the m a r k e t value payable in 16 equal ins ta lments . Tenants under sma l l holders are ei ther to surrender to the holder one h a l f of the l a n d cu l t iva ted by t h e m or con­t inue as t enan t in respect of the ent i re ho ld ing . The B o m b a y A c t makes no provis ion to safeguard the interests of small-holders.

Purchase Price

The K e r a l a B i l l gives i n de ta i l the me thod by w h i c h the f a i r price is to be Axed by the t r i b u n a l on the basis o f f a i r rents s ta ted in Schedule I , I n the o r i g i n a l B i l l , the f a i r price was to be 16 t imes the rent calculated in the schedule, This has been brought down by the Se­lect Commit tee to 12 t imes the rent . Where ren t has no t been f ixed according to th is suggestion, r en t f ixed by custom a n d usage, agree­men t a n d decree of cour t or w h i c h ­ever is less, is to b e t h e deciding factor .

As opposed to this , the Bombay A c t prescribes the l i m i t s between w h i c h the f a i r price should va ry .

These l i m i t s are f ixed at 20 t imes to 200 t imes the assessment plus the value of embankments and per­manent s tructures. Be ing lef t w i t h a less definite test f o r fixing f a i r price, the B o m b a y Tr ibuna l s w i l l have to spend more t i m e f ixing the purchase price.

Compensation I n the K e r a l a A g r a r i a n Relat ions

B i l l the L a n d B o a r d i s to f ix the compensation when the l a n d is subject to encumbrance. Th i s B o a r d w i l l have to al locate l a n d between the t w o por t ions in pro­por t ion to the value o f t h e e n c u m ­brances to the t w o port ions of the property—these being the l a n d ac­quired and the rest. W h e n f ix ing the compensation of l a n d w h i c h has an encumbrance, the factors to be t aken i n t o considerat ion are the value of the l and af te r the provis ion of the improvement , the cond i t ion of the ameni ty when the l and is sur­rendered, the capi ta l a n d labour invo lved in p r o v i d i n g the f ac i l i t y a n d the reduct ion of ren t a l lowed by the l a n d l o r d in v i e w of the i m ­provement. Genera l ly the com­pensation is to be fixed by the compensation officer. He has also the d u t y of p repar ing the compen­sa t ion ro l l s .

The Select Commit tee on the K e r a l a B i l l has l i n k e d up the com­pensation fo r lands in excess of the cei l ing area f i xed , w i t h the m a r k e t value. I t has recommended tha t payment of 60 per cent of the first Rs 15,000 of the t o t a l m a r k e t value a n d a progressive reduct ion of 5 per cent of every succeeding u n i t of Rs 1 5 , 0 0 0 o f the m a r k e t value .

I n the Bombay Ac t , the d u t y o f se rv ing notices a n d copies of the compensation ro l l s has been a l io-cated to the M a m l a t d a r w h o i s a l ­ready burdened w i t h o ther duties. Appo in tmen t of special officers fo r th i s purpose, as envisaged in the K e r a l a B i l l , i s better.

Ceilings Or ig ina l l y the K e r a l a Bi l I h a d a

Peasants' D a y on the lines of the T i l l e r s ' D a y i n the B o m b a y A c t , B u t now th is has been g i v e n up. On a specified day w h e n the B i l l is to come i n t o force a l l t i t l e , r i g h t , and interest of the l andowner a n d the in termediar ies over lands held by protected tenants sha l l vest in Gov­ernment . Such i n t e rmed ia ry and c u l t i v a t i n g tenan t o f the lands w i l l be en t i t l ed to ass ignment of r i g h t , t i t l e a n d interest o n l a n d vested i n

Government on t h e i r app l i ca t ion t o Government , Th i s sys tem w i l l g ive rise to new admin i s t r a t i ve pro­blems, consequent on the need to redis t r ibute land .

The danger of landlords ev ic t ing tenants when the B i l l is on the le-g is la t ive a n v i l has been prevented in the K e r a l a B i l l by the G o v e r n -ment passing an Ordinance to pre-vent such al ienat ions. Th i s was fo l lowed by the Stay of E v i c t i o n A c t w h i c h had the effect -of pro­tec t ing the interests of tenants w h o h a d cu l t iva ted the l and d u r i n g the previous season.

The ceilings f ixed by the K e r a l a B i l l have undergone a m i n o r change because of a change in the def in i t ion o f the f a m i l y . N o w the f a m i l y has been defined as "husband and w i f e and the i r m i n o r ch i ld ren" instead of "husband, w i f e and u n m a r r i e d sons and daughters ' ' a s defined in t h e o r i g i n a l B i l l . The cei l ing area i s f ixed in r e l a t i o n to an adul t u n m a r r i e d person. T h u s a f a m i l y consist ing of a husband, wife and minor ch i ld ren number ing more t han five w i l l get 15 acres o f l and or i ts equivalent and in the case of an adul t u n m a r r i e d person, 7 ½ a c r e s o f double crop l a n d o r i t s equivalent. I n the K e r a l a B i l l ceilings apply to a l l landlords w h o h o l d l and in excess of the cei l ing fixed.

As opposed to this , in the B o m b a y A c t the res t r i c t ion applies o n l y to l and under his personal c u l t i v a t i o n . The provisions of the A c t come in to force on the T i l l e r s ' Day . In B o m b a y landlords forced the te -nants to s ign agreements to share crops w i t h the landlords . T h i s re­sulted in the ve ry aims of the Act being f rus t ra ted . T h i s i r r e g u l a r i t y has been remedied by the A m e n d ­ment A c t by w h i c h such agreements entered i n to a f te r the 18th Decem-ber 1957 were declared v o i d . S i m i ­l a r l y a l l t ransfers o ther t h a n f o r valuable considerat ion by persons h a v i n g more t h a n the ce i l ing area af ter the 1 1 t h of A p r i l 1957 were declared vo id . T h e purpose of these provisions were to m a i n t a i n the status quo as in A p r i l 1957,

I n B o m b a y t ransfers made a f te r the appointed day, i e, 15th June 1955 a n d before the commencement of the A m e n d m e n t were declared i n v a l i d . T h i s measure h a d the same in tent ion as the S tay of E v i c t i o n A c t 1957 in Ke ra l a , viz, t o prevent v o l u n t a r y t ransfers w i t h a v i e w to evade the l a n d r e f o r m

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legislation. But the Ordinance f o l ­lowed by an Act, as was done in Kerala , is better suited for the purpose.

Conclusions The Kerala Agrar ian Relations

B i l l promises to be a pioneer in land reform legislation. The more important points on which it has improved on the Bombay Tenancy and Agr icul tura l Lands Act can be summarised as follows :

I . Al though both enactments have provided for Land Tribunals, the concentration of power in them by providing for l imited appellate po­wers is an improvement on the Bombay system which has a hier­archy of appellate authorities. In Kerala, the Tribunals are independ­ent of the Revenue Department. The set up in Kerala is better suit­ed for the purpose since it can come to quick and correct decisions.

I I . The Kerala B i l l provides for the payment of solatium to the te­nant by the landlord. The Bombay Ac t has no such provision.

I I I . The Kerala B i l l simplifies the process of fixing fai r rents by lay­

ing down a schedule of rates. The Bombay Act is vague, since It sets down only the maximum and the minimum l imits w i th in which fair rents should vary.

I V . The Kerala B i l l has provision to safeguard the interests of small­holders. The Bombay Act has none.

V. The Kerala B i l l gives in detail how the purchase is to be fixed. The Bombay Act only indicates the upper and the lower l imits .

V I . The Kerala B i l l has provided for the appointment of Special Compensation Officers. They would have to serve notices and prepare compensation rolls. In the Bom­bay Act. this duty is cast on Mam-latdars who are already burdened wi th other duties.

V I I . The Kerala B i l l vests the right, t i t le and interest of the land­owner and the intermediaries over lands held by protected tenants in Government which is to reassign the land. In the Bombay Act, there is a day called the Tillers Day when permanent tenants are deem­ed to own land which they can hold upto the ceiling l imits .

Indian Mangoes in U K

T H E popularity o f the mango i s believed to be increasing in B r i ­

tain, but the supply is s t i l l very l imited. In London, mangoas are sold by a few specialised f ru i t shops under the classification 'exotic fruits ' along w i t h litchis, avocadoes, Cape gooseberries, and kumquats. The price is roughly a shi l l ing for every anna they cost in India.

Officials of A i r - I n d i a Interna­tional, who are freighting about 50 dozen baskets to London by each daily flight, say that most of the f ru i t was consigned to Br i t i sh residents w i t h connexions in Ind ia or sent to Ind ian students in the United Kingdom by their families at home

London fruiterers would l ike to expand the market but, because of the highly perishable nature of the frui t , there is too much r isk involv­ed. B r i t a i n imported small quan­tities of mangoes from Afr ica and Central America, but the Indian variety is definitely the most popu­lar.

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