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THE 'OTHER' INDIA
Table-2: Changes In Percentage Distribution Of Leased- in Area By
Terms Of Lease
Terms of 1971-72 1981-82 1991-92
Lease (26th) (37th) (48th)
Fixed Money 7.6 5.1 19.7
Fixed Produce 13.6 8.1 4.7
Share of Produce 41.6 42.0 50.9
Others 37.2 44.8 24.7
All Terms 100.0 100.0 100.0
Sources: (a) N.S.S. Report 26th Round (1971-72)
(b) N.S.S. Report 37 th Round (1981-82)
(c) N.S.S. Report 48 th Round (1991-92)
lease-in area according to size classes of
operational holdings shows that in 1991-
92 about 89.76 percent of leased-in area
was in the size classes of less than one
hectare and only 0.47 percent of leasedin
area was in size classes above 4 hectares.
Likewise a significant proportion
of tenant holdings (89.21%) belonged to
the category of marginal farmer. This is
also confirmed from another study that
subsistence tenancy is more widespread
than commercial or capitalist tenancy in
Orissa (Swain; 1999b, 1999c).
III. Tenancy Reforms And Tenancy
Legislation In Orissa
There is no denying the fact that exploitative
land tenant system is one of the
important economic causes leading to
agrarian unrest in land scarce and labour
abundant economies. Various factors
like socio-economic factor, relative
bargaining strength, relative differences
in size class, to mention a few, determine
the degree and extent of exploitation to
which the tenants are subjected. This
is especially because tenants do not
belong to homogeneous groups rather
a lot of heterogeneities witnessed with
regard to their socio-economic status,
size class, etc., are held responsible for
exploitation. As such, differences arise
in their economic resource position and
therefore, in their bargaining strength.
Tenancy reforms include all those measures aiming at
protecting and safeguarding the interest of tenant with
regard to the realization of their due share accruing from
leased-in land and conferring ownership rights
Thus they are all not equally prone to exploitation
by their landlords (Bhardwaj,
1974; Bhardwaj and Das, 1975a; 1975b).
Besides, the extreme concentration of
land ownership (Myrdal, 1982, 1306)
and exploitative production relations,
being established between the landlord
and the tenant during the process of production,
are sufficient enough to make
agricultural growth sluggish (Joshi, 1974,
167;Appu, 1996,40-5). This necessitates
to bring about a thorough and complete
transformation in production relations
between the landlord and tenant on
one hand and in forces of production
on the other. Indian peasant history is
replete with examples which show that
radical tenancy reform legislation, far
from being a liberal gift from the state
is an outcome of a long and protracted
struggle by the tenants. Orissa is not an
exception to this.
As the term suggests tenancy reforms
includes all those measures aiming at
protecting and safeguarding the interest
of tenant with regard to the realization
of their due share or benefits of produce
accruing from leased-in land and conferring
ownership right on land which
they cultivate. In Orissa tenancy contracts
were oral, unrecorded, insecured
and the rent prevailed mostly at around
(on an average basis) 50 percent of the
gross produce in pre-independent era.
Thus to remove the inherent loopholes
in the tenancy system radical tenancy
reform measures were called for after
a long struggle and oppression by the
so-called land owning class. With the
passage of time some legislative measures
undertaken in the years of 1881,
1885, and 1913 to remove the intolerable
suffering of the tenants. For example
in Orissa Tenancy Act, 1913 and
subsequent amendments effected to it
granted some new concessions to the
tenants and raiyats through fixing limitations
on landlords to extract anything
beyond their legitimate dues from the
tenants. Consider this: Section 54 of
Regulation VIII of 1793 declares that
all impositions and exactions (whatever
their designation might be), over and
above the actual rent are illegal. Section
3 of Regulation V of 1812 1 altered
some of the provisions Regulation VIII
of 1793 but attention being given not to
incorporate anything, which sanctions
or legalizes the impositions of arbitrary
184 THE IIPM THINK TANK