Saturday, 11 September 2021

The Much Needed Reform in Agricultural; Model Agriculture Land Leasing Act 2016

Niti Aayog in 2016 designed a model act in order to secure the rights of tenants and ownership of landlords. However in many states revenue laws provide for right to ownership by proving adverse possession for a certain period as prescribed by the actual tiller. But the census 2011 reveals that the extent of lease in the country is around 6 per cent. In the absence of a legal provision back-stopping such leasing, most of it is oral and therefore does not entitle the lessee to claim the status of a farmer and access various benefits available from the government and credit institutions. 

Hence in 2016 NITI Aayog offered an appropriate template for the states and UTs to draft their own piece of legislations, in consonance with the local requirements and adopt an enabling Act that focused to secure the interests of both the land owner and lessee ‘Bataidar’ .

The model Act permits and facilitates leasing of agricultural land, to improve agricultural efficiency and equity for owners at the same time it also provides access and legal status to landless and semi – landless poor tenants. A proper implementation of this act with due deliberation would have enable a lessee to have a legal status that enables them to get
1) Access loans through credit institutions
2) Benefits of insurance schemes
3) Financial aid by state for disaster relief and crop failure
4) Loan Waiver benefits
5) And many other support services provided by State Government
The Government of MP has passed the bill formulated by NITI Aayog however it lacks the proper provision to ensure the proposed benefits by original model act. Hence the act of MP government certainly requires some amendments to address the local challenges and issues to make the act efficient.
Proposed recommendations are as follows.
1) Issuance of Credit Eligibility Certificate or Loan Eligibility Card for tenet
2) Enforce the lease agreement between Land Owner and Tenant to eliminate the condition of oral agreements
3) Provision of mention the name and account number of tenant for crop Insurance
4) A fast track tribunal to resolve the complaints of tenants in case of denial of rights by Owner
5) Provision to distribute the financial assistance by Central or State Govt like PM Kisan Samman Nidhi

The toothless bill is depriving millions of farmers Madhya Pradesh of benefits of government farm-support schemes Fasal Bima Yojna, Bhawantar Bhugtan Yojna, Pradhan Mantri Kisan Samman Nidhi to land less cultivators.