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[Land Reforms] Post Independence: Abolition of Zamindari, Reasons,Impact, Obstacles, Limitations, First Amendment
1. Prologue
2. What is Land reform?
3. Land reforms: broad vs narrow sense
1. What are the objectives of Land reforms?
2. Increase production
3. social justice
4. Economic development
5. Improve standard of living4. Post-Freedom: Towards land reforms
5. Why Abolish Zamindari?
6. First Amendment, 1951
1. #1: SEBC
2. #2: Freedom of Speech
3. #3 Freedom ofProfession
4. #4: Land Reforms
5. #4 Minor modification
7. Timeline of Zamindari Abolition by States
8. Zamindari Abolition Acts: Salient Features1. #1: Compensation
2. #2: CommonLand/resources
3. #3: Ownership transfer
4. #4: Personal Cultivation
5. #5: Direct payment of land revenue
9. Zamindari Abolition: Limitations/Obstacles/Negative points
1. #1: Land reform Delayed= Land reform Denied
2. #2: Personal cultivation
3. #3: New form of Zamindari
4. #4: Not much for Ryotwari
10. Zamindari Abolition: Benefits/Positive points
1. #1: Agro Production increased
2. #2: Emancipation
3. #3: Changed rural power structure
4. #4: Towards an Egalitarian Society
5. #5: Rise of middleclass
11. Mock Questions
12. Appendix: the 9thSchedule
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Prologue
So far in the [Land Reform] series, weve seen:
1. Three land tenure system of the British: Their features, implications .
2. Peasant struggles for land reforms in British Raj: causes and consequences.
3. Land reforms, Beforeindependence: by Congress governments in Provinces, their benefits
and limitations.
Now we look into land reform measures after the independence. But first, Lets once
again recap the meaning and importance of land reforms.
What is Land reform?
Agro productivity is affected by two type of factors:
INSTITUTIONAL
FACTORS TECHNICAL FACTORS
1. land tenure
system
2. size of land
holdings
3. land
distribution
1. climate, soil, rainfall
2. farm mechanization
3. farming techniques: use of hybrid seeds, fertilizer,
pesticides, irrigation methods
Reforms related to ^institutionalfactors are called land reforms.
Lets check some more definitions
def1Land Reforms is a planned and institutional reorganisation of the relation
between man and land
def2Land Reforms mean deliberate change introduced into system of land tenure
and the farming structure
def3
Land reforms imply such institutional changes which turn over ownership of
the farms to those who actually till the soil, and which raise the size of thefarm to make it operationally viable.
def4Land reforms mean, such measures as, abolition of intermediaries, tenancy
reforms, ceiling on land holdings, consolidation and cooperative farming etc.
def5 Improving land tenureand institutions related to agriculture.
def6redistribution of property rights
For the benefit of the landless poor.
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def7
integrated program
to remove the barriers for economic and social development
Caused by deficiencies in the existing landtenuresystem.
Ya but why learn so many definition? Ans. UPSC may directly give you a definition and
ask you to comment on it-just like they do in public administration paper I. Example
Mock Questions:
1. Land Reforms is a planned and institutional reorganisation of the relation
between man and land. Comment.
2. Land reform is not confined to just redistribution of property rights among the
landless poor. Comment.
3. Examine the change introduced into system of land tenure and the farming
structure during first five year plan.
4. Define Land reforms. Examine its role in removing the barriers for economic
and social development in India.
Land reforms: broad vs narrow sense
broad sense narrow sense
concerned with land rent, land ownership, land holding,
land revenue+ credit, marketing, abolition of
intermediaries, etc.
Concerned only with land
ownership and land
holdings.
What are the objectives of Land reforms?or Why do we need land reforms?
Increase production
Tenant farmer has no motivation to improve agricultural practices because
He doesnt own land=cant get loans through banks / formal institutions.
He doesnt own land=why bother?
He has to pay heavy rent to the landowner=hardly any surplus income left
to invest in hybrid seeds, fertilizers, pesticides, machinery etc.In other words, the agrarian structure that we inherited from the past (Zamindari,
landlessness etc.) obstructs increase in agricultural production. Land reforms
will remove these obstructions.
Land ownership/ tenure security will motivate farmers to work harder, invest
more and thus produce more =more income=standard of life improved + poverty
decreased.
For Development of Indian agriculture the importance of land reforms is greater
than that of technological reforms. (according to Nobel prize-winner Gunnar
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Myrdal and K.N. Raj, etc.)
social justice
1. Zamindari abolition= also eliminates Begari (forced
labour)
2. Land ceiling= reduces the inequality of income and
land ownership among villagers. Provides land to
landless labourers.3. Tenancy reforms= reduces rents. Landowner cannot
evict a tenant farmer as per his whims and fancies.
1+2+3= Rural power structure changed. Upper caste
domination decreased. Empowerment of SC/ST/OBC
farmers, agri.labourers.
Thus land reform=> Social justice + Egalitarian society.
Economicdevelopment
1. on one hand: land reform increase production
2. on the other hand, land reforms will also provide
social justice.
3. Abolishing intermediaries (Zamindar, Talukdar,
Jagirdar etc)= the State directly comes in contact with
farmers. This direct relation will help in rural
Development and agri. Development as per five year
plans.
1+2+3=long term economic development.
Improvestandard ofliving
When,
1. agro production increased
2. social justice given
3. Economic development achieved.
1+2+3= villagers standard of living automatically
increases.
Mock Questions
1. Land reforms have been treated as an integral part of eradicating poverty, and
increasing of agricultural production. Comment.
2. Explain the role of Land reforms in providing social justice and moving towards
an egalitarian society.
Post-Freedom: Towards land reforms
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At this time, we had two set of victim-farmers
1. Those refugee-farmers who migrated from Pakistan.
2. Those exploited by zamindars, landlords and moneylenders.
So first question: what was done for those refugee farmers?
Government settled them in Eastern parts of current Punjab (because from this
area, muslim farmers had migrated to Pakistan so land was available)
First, each refugee farmer family given 4 ht. of land, irrespective of how much
land they owned in Pakistan. Government also gave them loans to buy
seeds/fertilizers, so they can start temporary cultivation.
Later, each refugee family was asked file application regarding how much land
they owned in Pakistan.
These claims were verified by village assemblies and each family was allotted
proportional land in Punjab. by 1950 this work was finished.
Now moving to the second type of victim-farmers: those exploited by zamindars,landlords and moneylenders. What was done for them?
November 1947: the AICC appointed a special committee to draw up an
economic programme for the Congress.
name of this committee= Economic Program committee
Chairman= Nehru.
Other members: Maulana Azad, N.G. Ranga, G.L. Nanda, Jayaprakash Narayan
etc.
For land reforms, committee recommended that:
1. All intermediaries
between the tiller
and the state should
be eliminated
aka Zamindari abolition. Covered in this article.
2. Maximum size of
holding should befixed. The surplus
land over such a
maximum should be
acquired and placed
at the disposal of the
village cooperatives.
aka Land ceiling. Covered in next article.
3. Present land revenueNot covered in any article. because income from
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system to be
replaced by
progressive
agricultural income
tax.
agriculture is exempted from income tax. And therefore,
many filmstars use fake papers to claim they are
farmers. (and then they dance in Dawoods Party
@dubai, earn money, manipulate the account books to
show that cash coming from their agriculture income
and thus evade tax.)
4. All middlemenshould be replaced
by non-profit
making agencies,
such as
cooperatives.
5. Pilot schemes for
cooperative farming
among small land
holders
aka Cooperative farming. Will be covered in future
article.
6. Consolidate small
land holdings and
prevent further land
fragmentation.
Aka consolidation of land holdings. Will be covered in
future article.
Lets start with Land Reform Method #1: Zamindari Abolition. But first question:
Why Abolish Zamindari?
in the first article under [Land reform], we saw the three land tenure system of British-
Zamindari, Ryotwari and Mahalwari.
In Zamindari areas (BeBi: Bengal, Bihar), the British government outsourced the
land Revenue collection work to Zamindars. Similarly in the Princely states had
Jagirdars.
These intermediaries would:
1. Force the tenants to provide demand free labour (Begari)2. evict tenants as per their whims and fancies = no tenure security
3. Enjoyed lavish lifestyle, did not add anything to agriculture productivity, yet
charged high rent they were like todays Middleman @APMC Mandi that we saw
under [Food processing] article series.
Therefore, it was necessary to remove these intermediaries,
1. Because Art. 23prohibited Begari. But at the grassroot level, Begari couldnot
be stopped unless Zamindari itself was abolished.
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2. Because Art. 38wanted to minimize inequality of income, status and
opportunities. When Zamindars control ~40% of Indias cultivated land, there
was no opportunity / status for tenant farmers working under them.
3. Because Art. 39wanted equitable distribution of the material resources of the
community for common good. But in villages, these Zamindars control ponds,
lakes, forests, grazing lands etc. and didnt allow others to freely access them.
4. Because Art.48wanted to organize agriculture and animal husbandry on
modern-scientific lines but Zamindars were orthodox rent-seeking mindset, andtenant farmer had neither the money nor the motivation to scientific farming.
5. Because First Five year plan also asked for abolition of
intermediaries/zamindars to increase agro. Production, farmers income, to
provide social justice and move towards an egalitarian society.
First Amendment, 1951
You already know that First amendment =>9thschedule, whatever laws listed this
schedule, courts cannot inquire into them. But first Amendment is not just about9thSchedule /Zamindari abolition. It dealt with many other issues as well.
Microsoft released Windows 8 Operating System. Later, they realized
limitations, problems with Win8, so recently they released an upgrade Windows
8.1 to fix it.
Similarly, Constitution came into force from January 1950. But from January
1950 to May 1951 (=~15 months), government realized variety of
deficiencies/problems with Constitution. So, cameup with First amendment to
fix those issues in 1951.
#1: SEBC
Before Amendment
Art. 15: State cannot discriminate against any citizen..
So according to this (original) provision, if government provided reservation or any
welfare scheme for SC/ST/OBC/PH, then general category could approach court
saying were discriminated against and hence our fundamental right is violated.
Another Angle:
DPSP Art.46: State should promote with special care the educational and economic
interests of the weaker sections of the people and protect them from social injustice.
But this Directive principle cannot be implement because of Art.15
so, government had to fix this inconsistency with Art.15.
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After the 1stAmendment
Article 15 shall NOT prevent the State from making any special provision for the
advancement of any socially and educationally backward classes (SEBC) of
citizens or for the Scheduled Castes and the Scheduled Tribes.
In other words, if government makes law for SEBC/SC/ST, they cannot be
challenged in courts on the grounds that Art.15 is violated.
#2: Freedom of Speech
before
Amendment
Some courts held the 19/1/a (freedom of speech) so comprehensive
and sacrosanct that
Even if a person advocated murder, violence or hatred against any
caste/religion/person/nation, he could not be convicted.
What if an ACIOleaked national security related data to a
journalist? Both could still claim immunity on the grounds of
freedom of speech.
after
State can make law to put reasonable restriction on freedom of
speech, with respect to:
1. National security
2. friendly relations with foreign countries
3. public order, decency or morality
4. contempt of court
5. Defamation or incitement to an offence.
#3 Freedom of Profession
BEFORE 1STAMENDMENT
Art. 19(1)(g): The citizen has right to practice any profession or to carry on any
occupation, trade or business.
Now suppose
1. A person without MBBS degree, starts a clinic.
2. A person without doing any pharmacy course, opens a medical store
But if the State authorities tried to stop him, he could approach courts saying my
fundamental right is violated!
Another angle:According to Industrial licensing policy, atomic energy is reserved
for public sector. But an entrepreneur could challenge this in court and start his own
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private nuclear plant. (=risky and dangerous from national security point of view)
AFTER 1STAMENDMENT
1. The State CAN make laws to prescribe professional or technical qualifications
necessary for practicing any profession or carrying on any occupation, trade or
business. in other words, if you open a clinic without doing MBBS, you can be
jailed and you cannot claim protection under Art.192. The State can make laws to carry out any trade/business/service by itself or thru
its corporations. And can exclude any businessmen, citizen or private industries
from carrying out those activities. In other words, if state reserves atomic
energy or railways for public sector only then private entrepreneur cannot
approach court saying his fundamental right under Art.19 is violated.
#4: Land Reforms
BEFORE 1ST
AMENDMENT
by 1949: Uttar Pradesh, Madhya Pradesh, Bihar, Madras, Assam and Bombay
states introduced Zamindari abolition bills.
They all used the report of the Uttar Pradesh Zamindari Abolition Committee
(chaired by G.B. Pant) acting as the initial model.
but Zamindars approached courts, raising issues like our right to property has
been violated or were not given fair compensation etc.
Hence Union government came up with provisions to prevent courts from
entertaining such pleas.
AFTER 1STAMENDMENT
Added three things to the constitution
1. two new articles (31 A and B)
2. one schedule (9thSchedule)
Art 31A:
State can make laws to acquire any estates / rights related to estates.
Estate =also includes any jagir, inam or muafi or other similar grant;
Rights= also includes rights of any proprietor, sub-proprietor, under-proprietor,
tenure-holder or other intermediary- with respect to land revenue.
And courts cannot declare such law void, on the ground that it violates
fundamental rights.
(But) if such law is made by a state legislation, then it cannot claim immunity
under Art.31A, until it receives assent from the President of India.
Sidenote: later Fifth Amendment added more laws that cannot be challenged in
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courts.
Art31B:
The Acts and regulations listed in 9thSchedule of the constitution = cannot be
challenged in courts on the ground that they are violating fundamental rights.
Meaning, courts are prohibited from doing any judicial review of the items listed
in 9th
Schedule.
9thSchedule:
The first Amendment act listed 13 acts and regulations in 9thschedule. all meant
for abolishing Zamindari. Meaning Zamindars could not approach courts against
those laws. (boring list given @bottom of this current article)
Later 14thAmendment, 34thAmendment etc. also added more laws related to
land reforms in this 9thSchedule. You can read more about them in
Laxmikanths appendix for constitutional amendments.
#4 Minor modification
A few minor amendments in respect of articles 341, 342, 372 and 376.
Anyways we digressed much from the Zamindari abolition topic so lets come back.
So far weve seen:
1. what is land reform2. what are the objectives of land reform
3. post-independence, how we moved towards land reform
4. we saw how first amendment 1951
modified freedom of speech
modified freedom of profession
Protected Zamindari abolition/law reform laws via Art 31A, 31B and 9th
Schedule.
Now lets talk about the actual Abolition of Zamindari:
Timeline of Zamindari Abolition by States
Era States that abolished Zamindari
1948 to 50s Madras, Bombay and Hyderabad states
1951 Bihar, Uttar Pradesh, Madhya Pradesh and Assam
1952 Orissa, Punjab, Swarashtra and Rajasthan
1953 Vindhya Pradesh and Bhopal
1954 West Bengal, Himachal Pradesh and Delhi
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Zamindari Abolition Acts: Salient Features
Since land = falls under State list, so state legislatures had to enact the zamindari
abolition. Meaning no uniformity. Different states have different provisions. But lets
check the common features of all such state acts.
#1: Compensation
Ownership and land revenue related rights of the zamindars = abolished.
Lands transferred to the (superior) tenants.
State governments gave compensation to Zamindars ~670 crore rupees.
Some states created Zamindari Abolition fund and gave Bonds to Zamindars
as compensation. These bonds could be redeemed after a period of 10 to 30
years. (why long term bonds? why not pay all cash upfront? think about the fiscal
deficit angle!)
State Compensation to Zamindar
Jammu
Kashmir
No compensation paid to them. And this also led to Hindu-Muslim
bitterness because Almost all Zamindars were Hindu (in Jammu region).
Uttar
Pradesh
Compensation according to Zamindars income.
Small Zamindar= Annual income times 20
Big Zamindar= Annual income times (2 or 4)
In other words- compensation formula inversely related to Zamindars
income during British raj.
#2: Common Land/resources
Example wasteland, grazing land, ponds, wells, forest area surrounding the
village.
earlier Zamindars controlled such common land/resources and
charged fees from villagers, if they wanted to use it.
did not allow SC/ST to full access these common land/resources.
These Zamindari Abolition acts, transferred the ownership of such common
land/resources to Village Panchayat. And Forest area= gone to Forestdepartment.
#3:Ownershiptransfer
Bhumidhar=tenant farmers, who cultivated Zamindars
land.
In Uttar Pradesh, Bhumidhar can become owner of the
land after paying 10 times the annual rent to his
Zamindar.
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#4:PersonalCultivation
Land which was cultivated by the zamindar himself =
exempted from purview of these acts. Zamindar was
permitted to keep this land.
#5: Directpayment
of landrevenue
Now Farmer was made directly liable for paying land revenue
to the state government. (Because Zamindar is no longer the
middleman in land revenue hierarchy.)
Zamindari Abolition: Limitations/Obstacles/Negative
points
#1: Land reform Delayed= Land reform Denied
After laws were passed, Zamindars went to SC/HC to stay the law implementation.This greatly reduced the effectiveness of these legislations.
^to understand this, lets check the #Epicfail of Bihar:
1946 Bihar government passed resolution to abolish Zamindari.
1949Act was passed State assembly but landlords approached the courts and the
government too felt it necessary to repeal the legislation.
1950State legislature passed New Act, with some amendments. But Zamindars
again approached courts.
1951Union government brings 1stAmendment, gives immunity to all such
Zamindari abolition acts/ regulations from judicial review.
But Even, after the law was finally implemented, the Zamindars refused to cooperate
with the revenue authorities and tried all means to scuttle it implementation. The petty
revenue officials at Village and Tehsil level, either turned blind eye or actively sided
with Zamindars for bribes. Thus many years had passed by for the intention of
Zamindari abolition became a reality.
#2: Personal cultivation
Most state laws permitted Zamindars to keep part of land for personal
cultivation. But the definition was vague. Zamindars misused this loophole to
evict tenant farmers and keep most of the land with themselves.
(Counter argument: Zamindar started capitalist farming in the area- led to
increase in Agro-productivity)
#3: New form of Zamindari
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Main beneficiaries of zamindari abolition were the occupancy tenants or the
upper tenants or superior tenants- They had direct leases from the zamindar, and
now they became virtual landowners.
But now these new landowners leased the same land to inferior
tenants/sharecroppers- based on oral and unrecorded agreements.
These inferior tenants/sharecroppers could be evicted as per the whims and
fancies of the new landowner.
Thus, even after the abolition of Zamindari, the system of intermediaries andexploitation continued.
#4: Not much for Ryotwari
At the time of freedom, less than 50% of cultivated land was under zamindari
tenure. The remaining areas (ryotwari/Mahalwari) did not have Zamindari system
but they too had system of intermediaries i.e. big farmer/moneylender leasing
land to small farmers- then charging excessive rent and exploiting them.
The Zamindari abolition did not bring much relief to these people.
Overall
the Main objective of Zamindari abolition = there should be no
intermediary/middleman between the State and the land Revenue payer
(farmer). But this objective was not achieved.
Therefore, many economists do not attach much significance to Zamindari
abolition.
They opine Zamindari abolition merely changed the hierarchy of land revenue
administration, but did not bring any change in the method of farming nor in the
nature of agricultural units.
Anyways, enough of negative points, lets check some positive points:
Zamindari Abolition: Benefits/Positive points
1. ~1,700 lakh hectares of land was acquired from the intermediaries (zamindars)
and as a consequence, about two crore tenants were brought into direct
relationship with the government.
2. Many millions of cultivators who had previously been weak tenants or tenants-at-will were became superior tenants= virtual owners. =DPSP Art. 39 fullfil led
(right to adequate means of livelihood for all citizens)
3. Many absentee zamindars actually started direct personal cultivation (so the
State cannot take away their land). They had money to buy high yielding seeds,
pesticides, fertilizers, machineries=agro productivity increased.
4. The entire process occurred in a democratic framework
5. virtually no coercion or violence was used (unlike the land reforms in China,
Russia or Cuba.)
6. Finished in remarkably short period. Perhaps because Zamindars were isolated
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during and after freedom struggle due to their soft corner for the British.
#1: Agro Production increased
BEFORE AFTER
Zamindar collected
Revenue.
Government directly collects land Revenue from
farmer.
neither the zamindars, nor
the cultivators took
interest in improvememt
of agriculture land
1. Cultivators have got ownership rights and hencetake keen interest in land improvement and
increase in agriculture production.
2. Government created an enabling atmosphere- agri.
cooperative society, regional rural banks etc. to
provide cheap credit. Subsidy on fertilizers, cheap
electricity, irrigation etc.
=DPSP Art. 48 fullfilled (modern and scientific
agriculture and animal husbandry)
#2: Emancipation
After abolition of Zamindari, the agricultural laborers no longer forced to give
free labors=Begari, Bonded labour declined. Art. 23 fullfilled.
Bargaining power of agri. laborers increased=>higher wages=>declined poverty.
#3: Changed rural power structure
Public land such as village ponds, grazing grounds, village streets etc. which was
used by the Zamindars as personal property, have been declared as community
property. =DPSP Art. 39 full filled (material resources of community).
This disarmed the Zamindars of economic exploitation and dominance over
others. Thus, Transferred power from Zamindars to peasants.
#4: Towards an Egalitarian Society
Abolition of intermediaries=> asset distribution=> egalitarian society.
The Planning Commission estimates that after Abolition of Zamindari, at leasttwenty million tenants were brought into direct relationship with the
governments.
empowerment of those who have out of the development process.
= DPSP Art.38 full fill ed. (securing a social order, minimize inequality of
income, status, facilities and opportunities.)
#5: Rise of middleclass
Since the intermediaries were removed=>farmers dont have to pay heavy
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rent=>these farmers could generate profit=>could sent their kids to school and
colleges.
So in a way, land reforms helped in expansion of Indian middleclass.
Mock Questions
1. Zamindari abolition merely changed the hierarchy of land revenue
administration, but did not bring any change in the method of farming nor in thenature of agricultural units. Comment
2. Critically evaluate the signification of Zamindari abolition as a measure of land
reforms.
3. Analyse the impact of Zamindari abolition on rural power structure. Do you
agree with the opinion that it didnt really benefit the marginalized sections of
rural society?
4. Explain how Zamindari abolition helped fullfilling the directive principles of
state policy.
5. Land reforms could not have been initiated without enactment of the First
Amendment. Comment.
6. Land reforms have been treated as an integral part of eradicating poverty, and
increasing of agricultural production. Comment.
7. Explain the role of Land reforms in providing social justice and moving towards
an egalitarian society.
8. Land Reforms is a planned and institutional reorganisation of the relation
between man and land. Comment.
9. Land reform is not confined to just redistribution of property rights among the
landless poor. Comment.
10. Examine the change introduced into system of land tenure and the farmingstructure during first five year plan.
11. Define Land reforms. Examine its role in removing the barriers for economic
and social development in India.
In the next article, well the second measure of land reform: Land Ceilings.
Appendix: the 9thSchedule
the first amendment had added 13 laws in the 9th
schedule. And Art.31B prohibitedcourts from doing judicial review on them. Here goes the boring list only for
information:
1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950).
2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of
1948).
3. The Bombay Maleki Tenure Abolition Act, 1949 (Bombay Act LXI of 1949).
4. The Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949).
5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 (Bombay Act LXIII of
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1949).
6. The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950).
7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Act LX
of 1950).
8. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated
Lands) Act, 1950 (Madhya Pradesh Act I of 1951).
9. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948
(Madras Act XXVI of 1948).10. The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act,
1950 (Madras Act I of 1950).
11. The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar
Pradesh Act I of 1951).
12. The Hyderabad (Abolition of Jagirs) Regulation, 1358F. (No. LXIX of 1358,
Fasli).
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F. (No. XXV of 1359,
Fasli).
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abolition-of-zamindari-reasons-impact-obstacles-l imitations-first-
amendment.html
Posted By Mrunal On 30/10/2013 @ 16:21 In the category polity