The Bombay Tenancy and Agricultural Lands Act as a means of agrarian reform

252 Pages·2016·9.88 MB·English

Iowa State University Capstones, Theses and
Retrospective Theses and Dissertations
Dissertations
1955
The Bombay Tenancy and Agricultural Lands Act
as a means of agrarian reform
Gene L. Wunderlich
Iowa State College
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Recommended Citation
Wunderlich, Gene L., "The Bombay Tenancy and Agricultural Lands Act as a means of agrarian reform " (1955).Retrospective Theses
and Dissertations. 13234.
https://lib.dr.iastate.edu/rtd/13234
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UMI

THE BOMBAY TENANCY AM) AGRICULTURAL LANDS ACT AS A
MEANS OF AGRARIAN REFORM
by
Gene L. Wtmderlich
A Dissertation Submitted to the
Graduate Faculty in Partial Pulfillment of
The Requirements for the Degree of
DOCTOR OF PHILOSOPHY
Major Subjects A.gricult^al-.Economics
Approved:
Signature was redacted for privacy.
Cn Charge of Major Work
Signature was redacted for privacy.
Head of Ms^or Department
Signature was redacted for privacy.
Dean of Graduate College
Iowa State College
1955
UMI Number: DP12152
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TABLE OF CONTENTS
Page
CHAPTER 1: INTRODUCTION 1
Agrarian Reform in Economic Development. 2
Basic policy goals 3
Role of government in land reform 4
Selection and Scope of the Study Area. 6
Confinement of the study to Bombay 6
Tenancy in the reform program 8
Objectives of the Study . . . 11
Procedure of the Study 11
Background of the analysis. .......... 12
Objectives and principal provisions of the Tenancy Act. . 13
The analysis . . . 14
Limitations of the analysis 15
CHAPTER 2'. LAND TENURE IN INDIA—PROBLEMS AND PROGRAMS 17
Problems of Agrarian Reform in India ^ . l8
Development of the tenure system. 18
Agiwian reform meastirea 36
The Tenancy Situation in Bombay 53
Ittstitutional aspects of tenure developnent in Bombay . . 53
The tenancy problem ............ 62
The pattern of tenancy. . . • • 70
CHAPTER 3i OBJECTIVES AND FRINCIPAL PROVISIONS OF THE BOMBAY
TENANCI AND AGRICULTURAL LANDS ACT 83
Objectives of the Tenancy Act. 83
The economic objective . . 84.
The distributive equitability objective .... 89
Implications of additional objectives . 92
Plural objectives and the Act as a means to a
desired situation 94-
TU620
iii
Page
Principal Provisions of "toe Tenancy Act. . 96
Secvirity of tenure 96
Rent regulation , . . , 98
Prohibition of sub-division and sub-letting ....... 101
State management 101
Tenant purchase, ownership, and transfer restrictions .. 103
Compensation 106
Administration . 107
CHAPTER 4.S ANALYSIS OF THE PRINCIPAL PROVISIONS Ill
The Economic Objective Ill
Introduction Ill
Security of tenure 133
Rent regulation 1^1
Prohibition of sub-division and sub-letting I6l
State management. 165
Tenant purchase, ownership, and treuisfer restrictions . . 174-
Compensation. ...... 184
The Objective of Distributive Equitability 192
Alternative means to adjust the distribution of income. . 193
Peasant proprietorship. ............ 195
Landlord-tffliant income and the effects of the
distribution 195
The criterion of distributive equitability 197
Analysis of provisions of the Act 197
Other Objectives . 202
CHAPTER 5s SUl-5MARy, CONCLUSIONS, AND RECOI^t-IENDATIONS 205
Orientation of tiie Problem, Purpose and Approach of the Study. 205
Sectirity of teniare 210
Rent regulation 212
Prohibition on sub-letting. ....... 215
Transfer restrictions 215
State znanagement 217
Compensation 217
Recomm^dations. 218
Suggestions for Future Study 221
iT
Page
ACKNOWLEDGEMEMS^ . 227
GLOSSARY * 229
APPENDICES 231
Appendix A 232
Appendix B 236
V
Where the clear stream of reason
has not lost its way
into the dreary desert sand of dead habit
Where the mind is led forward by thee
into everwidening thoiight and action
Into that heaven of freedom, my Father,
let HQr country awake.
Rabindranath Tagore.
X
CHAPTER 1; INTRODUCTION
The United Nations report on progress in land reform states that "the
land reform meastires recently enacted in India are quantitively by far the
most important"X of the countries which they surveyed.
All the states of India have passed, since 1947i at least some legis­
lation affecting the interrelationship between men in their use and occu­
pancy of land. Much of this legislation has been subject to revision and
many new enactments anticipate solutions to agrarian problems. But unless
continuous, critical analysis is made, reform measures may become politi­
cal platitudes and the enactments will bear little relationship to the
conditions they were intended to ameliorate. This study is an attempt to
interpret and analyze the Bombay Tenancy and AgriculttireG. Lands Act of
1948^> one of the significant land reform enactments passed in India since
Independence in 1947• Primary attention is devoted to the economic
effects, in terms of criteria specified later, but because of the nature
of the Act and its objectives certain other aspects are considered. The
^United Nations Department of Economic Affairs. Progress in land
reform. New York, United Nations. 1954- P» 20.
%he Bombay Tenancy and Agricultural Lands Act, 194^ (Bombay Act No.
LX7II, 28th December 1948), adapted and modified 1:^ the Adaptation of
Laws Order, 1950, and amended:
Bom. 12 of 1951,
Bom. 34 of 1951,
Bom. 45 of 195X,
Bom, 33 of 1952,
Bom. 60 of 1953,
Hereinafter cited as Bom. 67 of 1948, as entered in; Bombay. Code,
1950. 3:2749-2782C. 1950.