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THE 'OTHER' INDIA
wide gulf between policy formulation
and its effective implementation from
the grassroots level. Secondly, universal
application of a single and uniform
standard to the entire State without any
proper understanding of rural agrarian
set-up and prevalence of varied socioeconomic
constraints, might have been
responsible for results being not so
encouraging and last but not the least,
prolonged time taken in the settlement
of legal issues and more often than not,
results going in favor of the land owning
class discouraged tenants to take
recourse to various tenancy legislation.
Thus, the foregoing analysis reveals that
the prevalent inequitable property relationship,
inherent legal loopholes with
an attitude of protection to the so-called
land owning class and unorganized behavior
of tenants have reduced the reforms
package to a near fallacious one.
Despite all legislative measures undertaken
by different State Governments
to take care of the interest of the
actual tiller of the soil from time to time,
a lot remains yet to be achieved in this
regard. With the provision of resumption
of tenanted lands on the grounds
of so-called “personal cultivation” being
not defined clearly by many states, a lot
of tenants were subjected to eviction on
a large-scale basis. Further due to noneconomic
holdings, many tenants after
conferment of ownership rights either
sold or mortgaged it. Protected tenant
also leased out their lands to rich farmers
for want of funds. A large number
of tenants still remain out of the purview
of the law for not being recorded
for one reason or other. Thus, tenancy
reform has not succeeded in achieving
any great impact either in terms of reorienting
the property relationship in
favor of the tenants or elevating their
socio-economic condition.
Additional Notes
1. All sums received by the proprietors
in excess of the amount of rent specified
in the contract would be considered
as extortion and be repaid by
the proprietors with a penalty of 200
percent of the amount exhorted.
Owing to the prevalent inequitable property relationships
and inherent legal loopholes, tenancy reform has not
succeeded in achieving any great impact, either in terms
of reorienting the property relationship in favor of the tenants
or elevating their socio-economic condition
2. A Report on An Enquiry into the
Working of Orissa Tenants’ Protection
Act, 1948, and Orissa Tenants’
Relief Act, 1955 in Five Districts
of Orissa, 1970 by B. Mishra revealed
that payment of rent receipt
was not received by 80 percent of
the tenants.
References
• AICC (All India Congress Committee)
(1949), “Report of the Congress
Agrarian Reforms Committee”, New
Delhi.
• Appu, P.S. (1996). “Land Reforms in
India: A Survey of Policy, Legislation
ad Implementation,” Vikas Publishing
House, New Delhi.
• Bhardwaj, K and P.K. Das (1975a).
Tenurial Conditions and Modes of
Exploitation:”A Study of Some Villages
in Orissa,” EPW Annual Number,
10:221-40, February; and P.K.Das
(1975b). “Tenurial Conditions and
Modes of Exploitation: A Study of
Some Villages in Orissa; Further
Notes,” EPW, Review of Agriculture
10:A49-55, June.
• Dash, Giridhari. (1989). The
Land Systems and Land Reforms
in Orissa,Published by G.
Dash, Cuttack
• Jena, K.C. (1968). Land Revenue
Administration in Orissa During
19 th Century, S. Chand & Co,
New Delhi.
• Joshi, P.C. (1974). Land Reform and
Agrarian Change in India and Pakistan
Since 1947 : I, Journal of Peasant
Studies 1 (2):164-85, January, II.1
(3), April.
• Mitra, A. (1981). Tenancy Reforms
in Orissa, in M. Bose (ed). Land Reforms
in Eastern India, Planning Forum,
Jadavpur University.
• Orissa Tenancy Act, 1913 & Rules
with Notes and Latest Case Laws,
ed. By A. Mohapatra, 1991-92.
• Orissa Govt. (1987). Agricultural Statistics
of Orissa, Directorate of Agriculture
and Food Production.
• Smith,Adam. (1969). The Wealth of
Nations. Pelican Classics, (ed.) Andrew
Skinner, reprint:1974
• Swain,Mamata.(1999b). Agricultural
Share Tenancy and Efficiency: Testing
Alternative Theories with Micro
Evidence from Orissa, IASSI, Quarterly,
Vol.17.No.4. June 1999.
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