As per the news article
reported (here),
The Prime Minister’s Economic Advisory Council
(PMEAC) on 10th August, 2012 suggested a series of measures including
reforms in the liberalizing tenancy arrangements, domestic market for
agriculture produce and, reducing input subsidies.
Legalizing
Tenancy:
Field studies in the
several parts of the country have shown that the area under informal tenancy
varies between 15 to 35 percent of cultivated area; above 90 percent of tenants
belong to the category of landless
labour and marginal
farmers. Granting legal tenancy rights to a large number of small farmers
would expand their small land holdings, PMEAC in its in its economic outlook
for 2012-13(here)
noted that large farmers who would like to pursue non-farming activities may
like to lease out their land if the risk of losing their ownership rights is
averted. Such benefit can only accrue if leasing –in and leasing out is legally
sanctioned. As it is, lease markets are heavily restricted in most of the
states, while some states prohibit tenancy.
As per a special edition
paper (here) in
FAO
Corporate Document Repository on the Current land policy issues in India by
Dr. R. S. Deshpande, Professor and Director,
Institute for Social and Economic Change,
Bangalore, India. Special edition paper inform that the most of the tenancy reform laws also
contained provisions concerning the ability of tenants to surrender the land
back to the landlord voluntarily. These provisions were used by landlords to
weaken the impact of the laws. In most states the surrender of land falls under
the jurisdiction of the revenue authorities. The authorities allowed such
surrender after verification of the voluntary element in the process. Punjab,
Kerala, Karnataka, Gujarat, Tripura and Andhra Pradesh (Telangana area) did not
provide for any surrender by the tenant to the landlord, but some did allow for
surrender to the state. Tenants in some states were also given the right to
purchase the land. For example, in Maharashtra, where tenancy is not
prohibited, the tenant acquires the right to purchase the land after one year
from the date of tenancy.
Variations in tenancy laws across major Indian states:
State
|
Specific features
|
Andhra Pradesh
|
In Andhra region leasing is permitted but
regulated. In Telangana region leasing out land by large holders is
prohibited. Smallholdings below three family holdings are allowed to lease
out land for a period of five years. Exemptions are provided.
|
Assam
|
There are no restrictions on leasing out of land.
|
Bihar
|
Leasing out is prohibited except for persons with
disability. Public servants with a salary not exceeding Rs250 are included
under exempt category.
|
Gujarat
|
Leasing is prohibited and unauthorized leasing is
punishable offence with a fine up to Rs1 000.
|
Karnataka
|
Leasing is generally prohibited. Soldiers and
seamen are exempted. Recent amendments allow further limited exemptions, most
granted on a case-by-case basis. Violations result in land vesting in the
state.
|
Maharashtra
|
No ban on tenancy, but the tenant acquires the
right to purchase the land within one year of the commencement of tenancy.
|
Madhya Pradesh
|
Abolished the past leases but not the future
leases. Past leases are divided into two categories called Bhumiswami tenant
without payment and other tenant with payment. They cultivate on terms and
conditions agreed between parties. Other land owners can lease out their
lands for one year during consecutive period of three years.
|
Orissa
|
Prohibited all future leases. Past leases
continue after surrendering half of the leased land to the landlord or rayat.
|
Punjab and Haryana
|
There is no ban on leasing and the tenants do not
acquire any rights on land.
|
Rajasthan
|
The landowners (Khatedar) can lease out for a
non-renewable period of five years. Ghair Khatedar tenants can sublease for a
period of one year.
|
Tamil Nadu
|
Leasing is permitted but the law stipulates that
every contract should be in written form and in triplicate. A copy of the
document shall be deposited with the revenue officials
|
Uttar Pradesh
|
Lease for any period is prohibited. Exemptions
allowed for widows, unmarried women, military persons, students and
physically disabled.
|
West Bengal
|
Fixed-rent leasing is prohibited, but
sharecropping is allowed and subject to protection. A person lawfully cultivating
others' land is presumed to be a sharecropper and is given permanent and
heritable rights with a fixed level of rent (25% if sharecropper provides
inputs and 50% if landlord shares in inputs). On resumption the sharecropper
has to be left with 1 ha of land and the landowner can resume on a maximum of
3 ha.
|
Reform
in Agriculture marketing & reducing input subsidies:
Calling for opening up of
the state agricultural marketing system for better price realisation, the Prime
Minister’s panel has noted that Agricultural
Produce Marketing Committees (APMCs) have not been able to stop collusion
among traders and opaque ways of price determination. The same is also reported
(here)
that, APMC is not protecting the interests of primary producers and mandis have
thrived under a politicised and restrictive regulatory framework, strengthening
mercantile control and collusion, while leaving both farmers and consumers
worse off on either end of fragmented and inefficient supply chains. Farmers
are subjected to taxes and levies without receiving commensurate benefits,” the
panel has observed.
Stressing on the
agricultural subsidies such as fertiliser
and free power is putting fiscal burden on the government, PMEAC suggested the
government to make “determined move” to dismantle the existing system. It has
also observed that the issue has been complicated and that fertiliser
production in the country was not based on the comparative advantages.
“These subsidies are
progressively losing their relevance and are becoming an unbearable fiscal
burden. Their role in contribution to productivity enhancement is fast
disappearing,” PMEAC stated. An interesting paper on Fertilizer Subsidy in
India: Who are the Beneficiaries? (here)
by Vipul Sharma, IIM-Ahmadabad.
Among various suggestions
for reforming fertiliser sector, those offered by the Expenditure Reforms
Commission and reiterated by the PMEAC needs to be examined for implementation,
it added. In the current fiscal, the fertiliser subsidy is estimated at Rs. 65,592
crore.
The PMEAC has observed
that “rising power subsidy given by states to the farmers is not going to solve
problems; there is a growing consensus among experts on removing it after
reforming the power sector. A number of states as Andhra Pradesh, Orrisa and others
have started implementing reforms in a phased manner. “But so far no perceptible
results have been obtained”.
The PMEAC has also observed
that “while there is some thought, though not much action, on removing
subsidies on fertilisers and electric power, removal of subsidies on canal
water has not attracted serious attention of policy makers”.
Meanwhile, PMEAC also
stated that the deficient monsoon rains this year is expected to pull down the
farm sector growth in the current fiscal to a meager 0.5% from the 2.8% reported
in the previous year.This is the lower ever growth projection by PMEAC for the
agricultural and allied sector as during 2009-10, when 14 states declared
drought, covering 338 districts in all. That year, June's rainfall fell 47 per
cent short of the normal (news article here).
“A similar pattern is expected this year and the impact will be less severe
than was the case in 2009,” the PMEAC stated in its report. “It is certain that
crop output would be hit on account of the weak monsoon, of which one and half
month yet remains to be seen,” PMEAC chairman C Rangarajan said.
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