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SANTHAL PARGANAS TENANCY SUPPLEMENTARY PROVISIONS ACT, 1949
[1st April, 1949]
An Act to amend and supplement certain laws relating to landlord and tenant in the Santal Parganas.
Whereas it is expedient to amend and supplement certain laws relating to landlord and tenant in the Santal Parganas.
It is hereby enacted as follows:
(1) This Act may be called the Santal Parganas Tenancy (Supplementary Provisions) Act, 1949.
(2) It shall come into force on such date as the [State] Government may by notification, appoint in this behalf.
[(3) It extends to the whole of Santal Parganas Division comprising of [Dumka,Sahibganj], Godda, Deoghar and Pakur.]
(1) The [State] Government may, by notification withdraw this Act, of any part thereof, from any portion of the Santal Parganas [Division] and may likewise extend this Act, or any part thereof to the area from which the same has been so withdrawn.
(2) The withdrawal of this Act or any part thereof from any area under sub-section (1) shall not, -
(a) Affect the previous operation of this Act in such area or anything Duly done or suffered there under before such withdrawal; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred in such area under this Act before such withdrawal; or
(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under this Act with reference to such area before such withdrawal; or
(d) Affect any investigation, legal proceeding or remedy in respect of any such right
The enactments mentioned in Schedule A are hereby repealed to the extent specified in the fourth column thereof.
In this Act, unless there is anything repugnant in the subject or context,-
(i) 'aboriginal' means a person who belongs to an aboriginal or semi-aboriginal tribe or caste specified in Schedule B and includes a person belonging to such other aboriginal or semi-aboriginal tribe or caste as may, from time to time, be notified by the [State] Government in this behalf;
(ii) "Agricultural year" means, where the Bengali year prevails, the year commencing on the first day of Baisakh, where the Fails year prevails the year commencing on the first day of Asin, where any other year prevails for agricultural purposes, that year;
(iii) "bhugut-bandha or complete usufructuary mortgage" means a transfer of the interest of a raiyat in his holding or part of the holding for the purpose of securing the payment of money advanced or to be advanced by way of loan, upon the condition that the loan, with all interest thereon
On the application of a raiyat or of landlord of any khas village and with the consent of at least two thirds of the jamabandi raiyats of the village ascertained in the manner prescribed, the Deputy Commissioner may declare that a headman shall be appointed for the village and shall then proceed to make the appointment in the prescribed manner.
When the village headman of a village which is not has, dies, the landlord of the village shall report the fact within three months of its occurrence to the Deputy Commissioner with a view to the appointment of a village headman in the prescribed manner.
(1) A village headman shall on appointment be granted a patta, and may be required to execute a kabuliyat in the prescribed form. He shall in the discharge of the duties of his office be governed by such rules as may be made by the [State] Government.
(2) The village headman on appointment or when record - of- rights is being prepared under the Santal Parganas Settlement Regulation (Reg. 3 of 1872) may be required to pledge so much only of his own or the family holding or holdings held under the same landlord as would in the opinion of the Deputy Commissioner suffice together with the official holdings to secure the village rent for one year:
Provided that ordinarily the rent of the official holding, if any plus that of the lands pledged as security shall be at least ten per centum of the total village rent payable by the village headman:
Provided further that at every appointment of a new village head
The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, was enacted to amend and supplement laws relating to landlord and tenant in the Santhal Parganas region of India. Section 7 specifically addresses the responsibilities and entitlements of village headmen in relation to tenancy rights.
Section 7 mandates that upon appointment, a village headman shall be granted a patta (a document of land rights) and may be required to execute a kabuliyat (an agreement) in a prescribed form. This section also outlines the requirement for the headman to furnish security.
The scope of Section 7 extends to the administrative framework governing village headmen in the Santhal Parganas, ensuring that they have formal recognition and responsibilities in managing tenancy rights within their jurisdiction.
While Section 7 itself does not specify punishments, it indicates that any fines or compensations awarded under this section may be recovered according to existing laws.
Whenever a person other than an heir of the last village headman is appointed a village headman, it shall be the duty of the landlord to supply the village headman with the original jamabandi or copies thereof certified in the prescribed manner and the record-of-rights of the village within three months from the date of appointment.
The village headman shall have no right to transfer his office in any way.
No land which is not recorded as such shall be recognised or treated as mulraiyat ka jote (private holding) or as mulraiyat jote (official holding). Any waste land which is reclaimed by a mulraiyat or a co-mulraiyat or any vacant holding which is found in the possession of or is settled with a mulraiyat or a co-mulraiyat shall be treated as non-transferable raiyati holding governed by the provisions of this Act relating to such raiyati holdings.
Section 10 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, explicitly addresses the recognition and treatment of land recorded as "mularaiyat ka jote" and "mulraiyati jote" in the record of rights. It aims to clarify the scope of land that qualifies as Raiyati land under the Act, ensuring proper identification of land rights and preventing unauthorized transfers.
Section 10 states that only land recorded as "mularaiyat ka jote" and "mulraiyati jote" shall be recognized or treated as Raiyati land. No land which is not recorded as such shall be recognized or treated as Raiyati land for any purpose under the Act.
Section 10 does not specify any punishment directly. Its primary function is to define the scope of recognized Raiyati land, thereby indirectly supporting enforcement actions against unauthorized transfers or claims involving unrecorded land. Violations, such as recognizing or treating unrecorded land as Raiyati, can be challenged in courts, and authorities acting contrary to this provision may be liable for legal action under the broader framework of the Act.
In summary, Section 10 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, serves as a crucial legal safeguard, limiting recognition and treatment of land as Raiyati to only those recorded as "mularaiyat ka jote" or "mulraiyati jote." It aims to prevent unauthorized claims, illegal transfers, and disputes over unrecorded lands, thereby ensuring clarity, security, and proper management of land rights in the region.
**- [State of Jharkhand VS Pakur Jagran Manch] - Case law and legal interpretations on land re-categorization.- [Dharam Das Mandal VS State of Bihar (Now Jharkhand)] - Court judgments on recognition of land rights.- [Ashutosh Prasad Sah, son of Late Sarju Sah VS State of Jharkhand] - Jurisdiction and recognition of land records.- [Rajmahal Pahad Bachao Andolan Through President VS Union Of India] - Land settlement and recognition principles.- [Jawaharlal Jha VS State of Jharkhand] - Land dispute and recognition based on record entries.- [02000005813] - Adverse possession and land recognition.- [Salma Kkhatoon VS Kalyan Kar] - Appeal bar and recognition of rights.- [Alamuni Hansda VS State of Jharkhand through its Secretary, Department of Revenue] - Land settlement and record of rights.- [02000002883] - Legal scope of recognition of Raiyati land.- [02000006060] - Land records and legal certainty in land rights.
All fines imposed upon, and realized from village headmen, mulraiyat and raiyats under this Act shall be deposited in to a fund to be known as the headmen's reward fund. Management of and disbursement from this fund shall be made by the Deputy Commissioner in accordance with prescribed rules.
There shall be for the purposes of this Act the following classes of raiyats, namely, -
(a) Resident jamabandi raiyats, that is to say, persons recorded as jamabandi raiyats who reside or have their family residence in the village in which they are recorded.
(b) Non-resident jamabandi raiyats, that is to say persons recorded as jamabandi raiyats who do not reside or have their family residence in the village in which they are recorded.
(c) new raiyats, that is to say, person recorded as naya raiyats or nutan raiyats.
(1) A raiyat may use the lad comprised in his holding,-
(a) In any manner which is authorized by local usage or custom, or
(b) Irrespective of any local usage or custom, in any manner which does not materially impair the value of the land or render it unfit for the purpose of cultivation.
(2) The doing of anything on the holding that is permitted by Section 15, Section 16, Section 17, or Section 18 shall not be deemed materially to impair to the value of the land or to render it unfit for cultivation.
A raiyat shall not be ejected by the landlord form his holding on the ground that he has used his land in a manner not authorized by section 13 except in execution of an order of ejectment passed by the Deputy Commissioner.
A raiyat shall have the right to manufacture bricks and tiles on his holding, free of any royalty or other charge, for the domestic or agricultural purposes of himself and his family.
A raiyat may construct or excavate on his own holding or on land settled with him bands, agars, tanks, wells and the like water reservoirs and channels in a reasonable manner and to the extent required for drinking or other domestic purposes and purposes of irrigation, as the case may be, without the permission of the landlord, provided no injury is cased to others by such construction or excavation. If there is any dispute as to whether or not any injury has been or is likely to be caused to any other person by such construction or excavation, the Deputy Commissioner may decide the same and pass such order as he deems fit and proper. The raiyat shall enjor the fist and other produce of such water reservoirs and channels free of charge.
(1) Not with- standing anything to the contrary contained in this Act or any other law or anything having the force of law in the Santal Parganas, a raiyat may-
(a) Plant trees, orchards and bamboos on any land in his holding and cut, fell and appropriate the same.
(b) Cut, fell and appropriate any trees or bamboos standing on such land :
Provided that no mahua tree shall be cut without the permission of the Sub-divisional Officer.
(c) Appropriate the flowers, fruits and other products of any trees or bamboos standing on such land:
[Provided that if there is any specific entry in the latest record-or-rights regarding any tree or bamboo which was standing on any such land before the date of the final publication of such record-of-rights to the effect that any right in such trees or bamboos belongs to any person other than the ladlord of such land, the right of
A raiyat may erect kutcha or pucca buildings on the his holding for the domestic or agricultural purposes of himself and his family.
(1) A holding may be sub-divided and the rent thereof distributed with the consent of the landlord and the village headman or mulraiyat, if any.
(2) When a holding has been the subject of partition or sub-division by an order of a Court or otherwise and if the parties to the partition are unable to distribute the rent of the holding by agreement amongst themselves and with the consent of the landlord and the village headman or mulraiyat, if any, any of the parties may apply to the Deputy Commissioner to distribute the rent of the holding.
(3) (a) On receipt of such an application, the Deputy Commissioner shall serve on each of the person interested in the application, other than the applicant, a notice of the date on which he intends to hear the application.
Explanation. - For the purposes of this clause, the landlord and the village headman or mulraiyat, if any, shall be deemed to be persons intereste
(1) No transfer by a raiyat of his right in his holding or any portion thereof, by sale, gift, mortgage, will, lease or any other contract or agreement, express or implied, shall be valid unless the right to transfer has been recorded in the record-of-rights, and then only to the extent to which such right is so recorded.
Provided that a lease of raiyati land in any sub-division for the purpose of the establishment or continuance of an excise shop thereon may be validly granted or renewed by a raiyat for a period not exceeding one year, with the previous writt3en permission of the Deputy Commissioner.
Provided further that where gifts by a recorded Santhal raiyat to a sister and daughter are permissible under the Santal Law, such a raiyat may with the previous written permission of the Deputy Commissioner, validly make such a gift;
Provided also that an aboriginal raiyat may, with the previous written
(1) Notwithstanding anything contained in Section 20, the [State] Government may by notification in this behalf published in the official Gazette, permit non-aboriginal raiyats, either of the whole of the Santhal Parganas or such portion of it as may be considered desirable, to transfer with effect from such date as may be notified, their rights in their holding up to the extent of one fourth of their paddy and first class bari lands by bhugut-bandha or complete usufructuary mortgage to,-
(i) a land mortgage bank duly established by the [State] Government, or
(ii) a grain goal recognised by the Deputy Commissioner, or
(iii) a society registered or deemed to be registered under the Bihar and Orissa Co-operative Societies Act, 1935 [(Bihar and Orissa Act VI of 1935)], or
(iv) a raiyat of the santal Parganas :
Provided that,-
(a) no such tr
(1) Notwithstanding anything contained in Section 20 and 21 in the event of,-
(a) a raiyat's temporary absence from the village, or
(b) his sickness or physical incapacity, or
(c) loss of plough cattle due to any cause beyond his control, or
(d) the raiyat being a widow or minor,
he may, after informing by registered post the village headman, mulraiyat or landlord, as the case may be, and the sub-divisional Officer, make over his holding temporarily on trust for cultivation to a raiyat of the Santal Parganas.
(2) In cases covered by clauses (a) and (c) of sub-section (1), if no period has been stipulated, and the raiyat does not resume cultivation himself, the holding shall be presumed to be abandoned after the expiry of a period of ten years.
(3) Any transfer of a holding for cultivation, temporary or otherwise, ma
The Santhal Parganas Tenancy Supplementary Provisions Act, 1949, was enacted to address the complexities of landlord-tenant relationships in the Santhal Parganas region of India. Section 22 specifically deals with the temporary transfer of land holdings by a raiyat (tenant) under certain circumstances, thereby providing a legal framework for managing agricultural land during periods of absence or incapacity.
Section 22 allows a raiyat to temporarily transfer his holding on trust for cultivation to another raiyat in the event of his temporary absence from the village, sickness, or physical incapacity. This provision ensures that agricultural activities can continue even when the primary tenant is unable to manage the land personally.
The scope of Section 22 is limited to temporary arrangements and does not allow for permanent transfers of land rights. It aims to facilitate agricultural productivity while protecting the rights of the original tenant.
While the specific punitive measures for contraventions of Section 22 are not detailed in the provided sources, it is generally understood that unauthorized transfers or failure to comply with notification requirements could lead to legal repercussions under the broader framework of the Act.
(1) Raiyats desiring to exchange their lands may apply in writing to the Deputy Commissioner who may in his discretion permit such an exchange to be made,-
Provided that the Deputy Commissioner shall not permit an exchange to be made unless he is satisfy that,-
(a) The parties to the exchange are both jamabandi raiyats with respect to the lands proposed to be exchanged,
(b) The lands proposed to be exchanged are situated in the same village or in a contiguous village,
(c) The transaction is not a concealed sale but is a bona fide exchange sought to be made for the mutual convenience of the parties, and
(d) The lands proposed to be exchanged are of the same value.
(2) Any exchange of lands made otherwise than under the provisions of sub-section (1) and without the previous permission in writing of the Deputy Commissioner shall be deemed t
(1) When a raiyati holding or any portion thereof is transferred by sale, gift, will or exchange in accordance with the provisions of this Act and the record-of - rights, the transferee or his successor in title may cues the transfer to be registered in the office of the landlord of the village.
(2) Notwithstanding anything to the contrary contained in the record-of right or any law or anything having the force of law in the Santal Pargana, the landlord shall allow the registration of such transfers, and shall not be entitled, except in the case of a transfer by sale, gift or will, to levy any registration fee. In the case of a transfer by sale, gift or will, the landlord shall be entitled to levy a registration fee of the following amount,namely,-
(a) when rent is payable in respect of the holding or portion, a fee of two per centum on the annual rent thereof: Provided that such fee shall not be less than eight annas or mo
(1) When a homestead or any portion thereof, which a raiyat holds otherwise than as part of this holding as a raiyat is transferred by sale gift will or exchange in accordance with custom or record-of -rights, the transferee or his successor-in-interest may cause the transfer to be registered in the office of the landlord of the village.
(2) Notwithstanding anything to the contrary contained in the record-of rights or in any law or anything having the force of law in the Santal Parganas, the landlord shall allow the registration of such transfer, and shall not be entitled, except in the case of transfer by sale,gift or will, to levy any registration fee and in the case of a transfer by sale, gift or will, the landlord shall be entitled to levy such registration fee as may be prescribed.
(3) If any landlord refuses to allow the registration of any such transfer as is mentioned in sub-section (1) the transferee or his success
(1) A registration officer shall not register any instruments purporting or operating to transfer a raiyati holding or portion of a raiyati holding by sale or gift unless there is paid to him, in addition to any fees payable under the Act for the time being in force for the registration of documents, a process fee of the prescribed amount and the landlord's registration fee payable under sub-section (2) of the section 24 together with the costs necessary for the transmission of the registration fee to the landlord.
(2) When the registration of any such instrument is complete, the registering officer shall send to the Deputy Commissioner the registration fee and the costs necessary for the transmission of the same to the landlord and a notice of the transfer and registration in the prescribed form, and the Deputy Commissioner shall cause the fee to be transmitted to, and the noticed to be served on, landlord named in the notice in the prescribed
On registration of a transfer under sub-section (2), or on the passing of an order for registration by the Deputy Commissioner under sub-section (5) of Section 24, the landlord shall be deemed to have consented to the transfer and shall be bound by the terms and conditions thereof.
Settlement of waste land shall be made by a patta or amalnama in the prescribed form. The patta or amalnama shall be prepared in quadruplicate, one copy shall be given to the raiyat concerned, one copy shall be sent to the Deputy Commissioner, one copy shall be sent to the landlord and the fourth shall be retained by the village headman or mulraiyat, as the case may be.
In making settlement of waste land or vacant holdings regard shall be had to the following considerations in additions to the principles recorded in the record-or-rights,
(a) Fair and equitable distribution of land according to the requirements of each raiyat and his capacity to reclaim and cultivate;
(b) any special claim for services rendered to the village community, society or State:
(c) contiguity or proximity of the wste land to jamabandi land of the raiyat;
(d) Provision for landless labourers who are bona fide permanent residents of the village and are recorded for a dwelling house in the village.
A mulraiyat, pradhan or village headman shall not settle any waste land or vacant holding with himself or any co-mulraiyat without the previous sanction in writing of the Deputy Commissioner.
No vacant holding shall be sub-divided for the purpose of settlement without the consent of the landlord and the approval of the Deputy commissioner.
Excepts as otherwise provided in this Act, where there are two or more village headman, co-mulraiyat or landlords in a village held jointly by them and the settlement of waste land has not been made jointly by all such village headmen, co-mulraiyats or landlords, as the case may be, the settlement may on objection be set aside or modified at the discretion of the Deputy Commissioner.
(1) A person, if aggrieved by any act of the village headman or muraiyat or landlord, as the case may be, in setting or refusing to settle waste land or a vacant holding, or if aggrieved by any act of any other person in respect of such land or holding, may make an application before the Deputy Commissioner within one year from the year on which reclamation in pursuance of settlement was commenced or settlement was refused.
(2) (a) On receipt of such an application the Deputy Commissioner shall serve in the prescribed manner on the parties interested other than the applicant, notice of the date on which he intends to hear and decide the application.
Explanation. - For the purpose of this clause all th Jamabandi raiyats of the village and the village headman or mulraiyat if it is pradhani village or mulraiyate village or the landlord if it is khas village, shall be deemed to be parties interested.
(b) A
In the event of any land settled as aforesaid not being brought under cultivation within a period of five years from the date of settlement, it shall be open to the Deputy Commissioner on an application made by a jamabandi raiyat, the village headman, mulraiyat or the landlord, as the case may be, to set aside the settlement and to make such resettlement as is permissible under this Act or any law or anything having the force of law in the Santal Parganas.
Deputy Commissioner may set apart village waste land jaherthan, or burning or burial ground is found at any time to be inadequate or unsuitable, the Deputy Commissioner may in consultation with the resident jamabandi raiyats and village headman or mulraiyat, if any, set apart suitable portions of the village waste land for the purpose of being used in jaherthan or burning or burial ground, as the case may be.
The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, was enacted to amend and supplement laws relating to landlord and tenant in the Santhal Parganas region of India. Section 34 of this Act addresses specific provisions concerning tenancy rights and the consequences of violations.
Section 34 outlines the penalties for contraventions of the provisions of the Act. It establishes the framework for imposing fines or other penalties on landlords or tenants who violate the tenancy regulations set forth in the Act.
The scope of Section 34 is primarily focused on ensuring compliance with the tenancy laws established by the Act. It applies to both landlords and tenants, emphasizing the importance of adhering to the legal framework governing tenancy in the Santhal Parganas.
Violations of the provisions outlined in Section 34 can result in fines or other penalties as determined by the relevant authorities. The specifics of the punishment may vary based on the nature and severity of the contravention.
(1) Bandhas, aharas, tanks and other water reservoirs or channels, which are used either for the purposes of protection from flood or for irrigation, bathing, washing or drinking, shall not be settled for or converted to any other purpose without the consent of the raiyats and the village headman or mulraiyat, or the landlord inkhas village, and the approval of the Deputy Commissioner. No one shall bring under cultivation any such water reservoir or channel.
(2) No proprietor or landlord shall be entitled to levy any charge for the use of water reservoirs and channels mentioned in sub-section (1) for irrigation, bathing, washing or drinking purposes.
Rivulets or nalas on the boundaries of village, burning and burial grounds, camping grounds, land bearing boundary marks,public roads, village paths, jaherthan and other places of worship shall not be reclaimed or cultivated or converted to any other purpose by any raiyat. No proprietor, landlord, village headman or muraiyat shall appropriate these to their own use, nor shall they settle these with any raiyat.
All raiyats of the villages shall have the right to graze their own cattle within the village on the recorded grazing land and on grazing land set apart by the Deputy Commissioner under sub-section
(2) of Section 38 and on village waste land which is neither excluded from the village under the santal parganas settlement Regulation ( Reg.III of 1872) nor reserved or enclosed to promote growth of forest nor set apart under section34:
Provided that nothing in this section shall affect the right of reclamation of waste land after due settlement:
Provided further that the right of granzing cattle shall be subject to such forest rules as may for the time being be in force for the Domin-I Koh Government Estate or other private forests taken under the management of Government.
(2) No cattle of persons other than raiyats of the village may grazes within the village without the consent of t
(1) No land recorded as village grazing land or gopher shall be settled or brought under cultivation or utilized for any other than grazing by any one.
(2) If the area recorded as grazing land or gochar be less than five per centum of the total area of the village headman or mulraiyat, and raiyats, set apart suitable area of village waste land for grazing. Such land when so set apart shall be governed by the provision of sub- section (1).
Raiyats may, with the permission of the landlord, excavate on lands other than their holdings, tanks and other reservoirs required for drinking and other purposes, and may enjoy the fish and other produce of the same according to arrangement made with the landlord Provided that such permission shall not be refused by the landlord without sufficient reason and on such refusal the Deputy Commissioner may, on the application of the raiyat, grant such permission on such conditions as he deems fit.
Where any person in in enjoyment of the right of fishery in a khas tank or other water reservoir, the extent and nature of his right will depend on the terms of the lease under which he holds, But neither he nor the landlord shall interfere with any right irrigation that may been acquired by any person.
No vacant holding and no waste land in a Paharia village within the Damin-i-KOh Government Estate shall be settled with a person who is not a Paharia.
Explanation. - For the purposes of this section Paharia village is one which is recorded, recognised or declared as such by the Commissioner.
The Deputy Commissioner may at any time either of his own motion or on an application made to him pass an order for ejectment of any person who has encroached upon, reclaimed, acquired or come into possession of agricultural land in contravention of the Provisions of this Act or any law or anything having the force of law in the
Santal Parganas.
(1) Nothing in contract, express or employed, between a landlord, a village headman or a mulraiyat and a raiyat made before or after the commencement of this Act, shall entitle the landlord or the village headman or the mulraiyat to rent in kind whether known as bhaoli, batai, krisani, danabandi or otherwise.
(2) No rent in kind shall, in any way, be recognised as valid by any Court whether in the exercise of civil, criminal or revenue jurisdiction:
Provided that if the Deputy Commissioner directs that a holding given in khas possession to a decree-holder for satisfaction of decree under the provision of the Santal Civil Rules be made over for cultivation to the evicted raiyat or his heirs, the decree-holder shall be entitled to take not more than half the produce as his share by division.
(1) Notwithstanding anything to the contrary contained in the Santal Paraganas Settlement Regulation, 1872 (Reg.III of 1872) or the village record- of-rights prepared there under, a money rent payable by a tenant shall be paid in four equal installments failing due on the last day of each quarter of the agricultural year.
(2) Every tenant or the mortgagee of his holding or tenure shall pay each installment of rent before sunset of the day on which it falls due.
(3) Any installment or part of an installment of rent not duly paid at or before the time when if falls due shall be deemed to be an arrear:
Provided that where rent is payable to the State Government, any installment or part of an installment not duly paid at or before the time when it falls due shall be deemed to be an arrear only at the end of the agricultural year.
(1) When the interest of the landlord or mulraiyat is transferred, no raiyat, village headman or mulraiyat, as the case may be, shall be liable for rent which became due after the transfer and was paid in good faith to the landlord or mulraiyat, as the case may be, whose interest was so transferred unless the transferee has before the payment served notice of the transfer on the raiyat, village headman or mulraiyat.
(2) Where there is more than one raiyat, village headman or mulraiyat paying rent to the landlord or mulraiyat, as the case may be, whose interest is transferred, a general notice from the transferee to the raiyats, village headmen or mulraiyats, published in the prescribed manner, shall be a sufficient notice for the purpose of this section.]
Payment of rent by a raiyat to his landlord, village headman or mulraiyat, as the case may be, in respect of his holding in any village may be made by remitting the amount of the rent by postal money order in the prescribed form. A village headman or a mulraiyat may be like money-order remit the amount of rent due from him to his landlord.
(1) A village haddman or a mulraiyat in a pradhani or mulraiyati village, land a landlord in a khas village, shall maintain a statement of account in the prescribed form for each village showing the rent due, payments made by each raiyat
During each agricultural year, the manner in which such payments have been credited in the accounts, the balance, if any, remaining unpaid by such raiyat at the end of the said year and the interest claimed thereon.
(1) Every raiyat, village headman or mulraiyat who makes a payment on account of rent, or interest due thereon, or bothm, to his landlord, village headman or mulraiyat, as the case may be, shall be entitled to obtain forthwith from the landlord or his agent, village headman, or mulraiyat, as the case may be, free of charge, a signed receipt for the same, in the prescribed form.
(2) The landlord or his agent or the village headman, or muilraiyat, as the case may be, shall prepare and retain a counter-foil, in the prescribed form, of the receipt.
(3) If a receipt does not contain substantially such of the particulars to be entered in the prescribed form of receipt as can be specified by the rent receiver at the time of payment, it shall be presumed, until the contrary is proved, to be an acquaintance in full of all demands for rent and interest thereon up to the date on which the receipt was given.
(4) I
(1) The [State] Government shall cause to be prepared and kept for sale to village headman, mulraiyat and landlords at all sub-divisional offices forms of receipts with counterfoils and of statements of accounts suitable for use under the foregoing sections.
(2) The forms may be sold in books with the leaves consecutively numbered or otherwise as the [State] Government thinks fit.
Where a raiyat's holding is transferable, the rent of the holding shall be a first charge on the holding and, in the case of a village headman or mulraiyat, the village rent shall be first charge on the holding of the village headman or mulraiyat pledged as security for payment of such rent:
Provided that, if a holding or a portion thereof is sold in execution of a decree for arrears of rent, the purchaser shall acquire the holding free of all liability for rent for any period prior to the date of the sale, and rent due for any such period shall be a fist charge on the sale proceeds of the holding or portion thereof.
(1) Notwithstanding anything to the contrary contained in any law or anything having the force of law in the Santal Parganas, the Deputy Commissioner may, if specially authorized by the [State] Government in that behalf, reduce by order in writing the rent of holdings of recorded raiyats in any area or village or of any class of land belonging to such raiyats, which has been settled by the Settlement Officer under the provisions of the Santal Parganas Settlement Regulation or which is entered in the rent-roll, as the case may be, on any one or more of the following grounds,-
(a) that the soil of a portion or the whole of such holdings of area has without the faults of the raiyats become permanently deteriorated by a deposit of sand by sub-version under water or by any other specific ground, sudden or gradual;
(b) that the landlord of such holdings or area has failed in spite of due notice to carry out within a period of six
Where rent has been reduced under Section 50, no further reduction of rent shall be granted on the same ground until a fresh record-of-rights is prepared under the Santal Parganas Settlement Regulation, or until fresh table of rates and rent-roll are published under Santal Parganas Rent Regulation, 1886.
(1) If a landlord or his agent exacts or levies from a raiyat, village headman, or mulraiyat under such landlord, or if a village headman or mulraiyat exacts or levies from a raiyat under such village headman or mulraiyat, any toll, abwab, salami, Kayali, or forced labour or, except as provided in this Act or any special enactment for the time being in force, any sum of money or anything in excess of the rent or local cess lawfully payable by such raiyat, village headman or mulraiyat and the interest payable on an arrear of such rent or cess, such landlord or his agent, or village headman, or mulraiyat , as the case may be, shall be punishable with simple imprisonment for a a term which may extend to six months ,or with fine, which may extend to five hundred rupees, or with both.
(2) An offence under sub-section (1) shall be bail able , and shall be compoundable with the leave of the Court.
(1) (a) The landlord of village who is desirous of acquiring the holding or part of the holding or any land over which the inhabitants of such village have any common right for any reasonable and sufficient purpose having relation to the good of the holding, village or estate, or for the erection of buildings or for any religious, educational or charitable purpose; or for the purposes of mining, manufacture or irrigation, or effecting any agricultural or horticultural improvement or giving effect to any national policy of the Government may apply to the Deputy Commissioner for sanction to acquire the same.
(b) The Deputy Commissioner may, on the application of a village headman, mulraiyat or raiyat of the village or of his own motion, sanction acquisition proceedings to be started with respect to such land as is referred to in clause (a), if he is satisfied after due enquiry that the acquisition is to be made for any of the purposes specified in
(1) the [State] Government may make rules prescribing the procedure to be followed by the Court of the Deputy Commissioner and Courts of other officers invested with the powers of the Deputy Commissioner in dealing with applications and other proceedings under this Act and by the courts exercising appellate and revisional jurisdiction in dealing with appeals and revisions and other proceedings arising form such applications in respect of matters for which a procedure is not provided hereby; and may by any such rules direct that any provisions of the Santal Civil Rules shall be followed with or without modifications in dealing with all or any classes of such cases.
(2) Until rules are made under sub-section (1) and subject to those rules when made and the other provisions of this Act, the provisions of the Santal Civil Rules shall, far as may be and so far as they are not inconsistent with this Act, be followed in dealing with cases referred to i
Where a landlord has instituted a suit against a raiyat for the recovery of any rent of his holding, the landlord shall not institute another suit against him for the recovery of any rent of that holding until after six months from the date of the institution of the previous suit.
No person shall be ejected from agricultural land, except by an order of the Deputy Commissioner passed under the provisions of this Act:
Provided that where a raiyat is ejected from his entire holding, the Deputy Commissioner may, in his discretion, permit him to remain in possession of his dwelling house only which may thereupon be assessed to rent if the Deputy Commissioner thinks fit.
Except as otherwise provided in this Act, from every order passed under this Act, an appeal shall lie, when the order was made,-
(a) by a Deputy Collector exercising powers of the Deputy Commissioner, to the Sub-divisional officer vested with the powers of the Deputy Commissioner in this behalf:
Provided that the Deputy Commissioner shall have power to order any such appeal to be transferred to his own file or to the file of the Additional Deputy Commissioner empowered in this behalf;
(b) by a sub-divisional Officer exercising powers of the Deputy Commissioner, to the Deputy Commissioner:
Provided that the Deputy Commissioner shall have power to order any such appeal to be transferred to the file of the Additional Deputy Commissioner empowered in this behalf;
(c) by the Deputy Commissioner or the Additional Deputy Commissioner, to the Commissioner;
(1) Subject to the provisions of Section 59 with respect to revision, an appellate order shall be final in all cases where the decision of the lower Court is affirmed, and no second appeal shall be allowed except when the Sub-divisional Officer, the Additional Deputy Commissioner has varied the decision of the lower Court, in which case an appeal shall lie,-
(a) When the appellate order was made by a Sub-divisional Officer vested with appellate power, to the Deputy Commissioner:
Provided that the Deputy Commissioner shall have power to order any such appeal to be transferred to the file of the Additional Deputy Commissioner empowered in this behalf;
(b) When the appellate order was made by the Deputy Commissioner or the Additional Deputy Commissioner, to the Commissioner.
(2) No second appeal shall lie from any order passed on appeal by the Commissioner or by the tribunal appointe
(1) The Commissioner or the Deputy Commissioner may, on his own motion or otherwise, call for the record of a case decided by Court under his control in which an appeal does not lie or in which for cause shown to his satisfaction an appeal has not been preferred within the time limit there for, and may pass such order in the case as he thinks fit:
Provided that the Commissioner shall not pass such order on an application by a party until the Deputy Commissioner or the Additional Deputy Commissioner, as the case may be, has heard the matter in revision or appeal and passed an order.
(2) The Deputy Commissioner may, by order in writing, empower any Sub-divisional Officer under his control to exercise the powers conferred on the Deputy Commissioner by sub-section (1) with respect to the decisions of all or any of the Courts of Deputy Collectors not in charge of a sub-division, under the Control of the Deputy Commissioner.
<(1) The Commissioner may, fore sufficient reasons to be recorded in writing, review any order which has been passed by himself or a predecessor in exercise of any power conferred by this Act.
(2) An officer subordinate to the Commissioner shall not review any order made by him or by a predecessor, except for the purpose of correcting a clerical error other error or, manifestly the result of an oversight, without previously obtaining,-
(a) in the case of a Deputy Collector or a Sub-divisional Officer, the permission of the Deputy Commissioner; and
(b) in the case of the Deputy Commissioner or the Additional Deputy Commissioner, the permission of the Commissioner.
An order passed by the Deputy Commissioner in exercise of any of the powers conferred by this Act shall not be reversed or varied on appeal or
In the performance of his duties and the exercise of his powers under this Act, the Deputy Commissioner, shall be subject to the general direction and control of the Commissioner, and the Additional Deputy Commissioner, Sub-divisional Officers and Deputy Collectors exercising the functions of the Deputy Commissioner, shall be subject to the direction and control of the Deputy Commissioner.
No suit shall be entertained in any court to vary, modify or set aside, either directly or indirectly, any order of the Deputy Commissioner in any application which is cognizable by the Deputy Commissioner under this Act and every such order shall, subject to the provisions of this Act relating to appeal and revision, be final :
Provided that nothing contained in this section shall bar the jurisdiction of a Civil Court in matters in which it had jurisdiction immediately before the Commencement of this Act.
all applications made under this Act, for which no period of limitation is provided elsewhere in this Act, shall be made within one year from the date of the accruing of the cause of action :
Provided that there shall be no period of limitation for an application under Section 42.
An application for ejectment of a raiyat on the ground mentioned in Section 14 shall be made within two years from the date of the misuse complained of.
Where any Bihar and Orissa Act [or Bihar Act] repeals any enactment hitherto made, or hereafter to be made, then, unless a different intention appears, the repeal shall not,-
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or anything auly done or suffered thereunder; or
(c) afreet any right, privilege, obligation or liability acquired, or accrued or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such fight, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid];
And any such investigation, legal procee
Every appeal under this Act shall be presented,-
(a) to the tribunal appointed under clause (d) of Section 57 or to the Commissioner, within ninety days from the date of the order appealed against; and
(b) to the Deputy Commissioner or to the Sub-divisional Officer within sixty days of the order appealed against.
(1) If any person-
(a) being a landlord, fails to repair and maintain any has bandhs, ahars dykes, dams, danrs, drains, tanks or any other water reservoirs or channels which he is bound, by the provisions of this Act or any law or anything having the force of law in the Santhal Parganas including any custom entered in the record-of-rights, to repair and maintain, or
(b) being a landlord or an agent of a landlord, a village headman or mulraiyat, fails to perform any of the duties imposed by this Act, or any law or anything having the force of law in the Santhal Parganas including any custom entered in the record-of-rights, or
(c) being a landlord, or the agent of a landlord, village headman or a mulraiyat, fails to repair, with the assistance of the raiyat, any bandhs, ahars, dams, dykes, drains, tanks, any other water reservoirs and irrigation channels, village paths or boundary marks which he and they
Legal Comments
"Provision Title" - Section 67 codifies penalties (fines) for contravention of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 and related transfer restrictions; the overarching aim is to deter illegal transfers and non-compliance with statutory duties. -
"Authority to Impose" - Penalties under Section 67 are to be imposed by the Deputy Commissioner; the Deputy Commissioner acts after an enquiry, either on his own motion or on information received. - , [Gobardhan Pandit VS Sub Divisional Officer, Jamtara]
"Enquiry Requirement" - The imposition of a penalty under Sec. 67 requires an enquiry by the Deputy Commissioner, ensuring the process is evidence-based before any fine is levied. -
"Nature of Penalty" - The operative consequence under Section 67 is a fine (a monetary penalty) for contravention of the Act’s transfer restrictions. -
"Scope of Contravention" - Penalties apply to contraventions of transfer restrictions (e.g., transfers by Raiyats in contravention of the Act), reinforcing compliance with the Act’s transfer prohibitions. -
"Appeal to Commissioner" - An aggrieved party may appeal to the Commissioner against any order of the Deputy Commissioner imposing a fine under Sec. 67(2). -
"Encroachment Context" - In encroachment cases, the Deputy Commissioner’s power to impose a penalty under Sec. 67(2) operates within the enforcement framework that also includes eviction orders under Sec. 42. - [Gobardhan Pandit VS Sub Divisional Officer, Jamtara]
"Enforcement Link to Eviction" - Penalties under Sec. 67 complement eviction powers under Sec. 42; non-compliance with an eviction or restoration order can trigger a penalty under Sec. 67. - [Gobardhan Pandit VS Sub Divisional Officer, Jamtara]
"Case Illustration" - Judicial decisions have applied Sec. 67 penalties in the context of enforcement actions (e.g., encroachment or improper transfers) to ensure compliance with the Act. - [Gobardhan Pandit VS Sub Divisional Officer, Jamtara]
"Penalty Procedure Notes" - The statutory text contemplates penalties being imposed after due enquiry, and the process itself is subject to appellate review under Sec. 67(4). -
"Remedies for Penalty Orders" - The availability of an appeal to the Commissioner provides a statutory remedy for challenge to penalty orders issued under Sec. 67. -
"Deterrent Function" - The Penalties provision serves a deterrent function to prevent exploitation of the transfer restrictions and to uphold village/ Raiyat rights under the Act. -
"Relation to Related Provisions" - While Sec. 67 stands as the penalties provision, it operates within a broader regime that includes Sec. 42 (eviction), Sec. 20 (transfer restrictions), and other enforcement mechanisms, as reflected in case discussions. - [Gobardhan Pandit VS Sub Divisional Officer, Jamtara]
"Judicial Illustrations" - Authority and application of Sec. 67 have been discussed in cases interpreting enforcement actions (e.g., penalties for non-removal of encroachment and related orders). - [Gobardhan Pandit VS Sub Divisional Officer, Jamtara]
"Limitations and Scope" - The penalties are limited to fines imposed by the Deputy Commissioner after proper enquiry; they are not open-ended or punitive beyond the statutory framework. -
Every notice required by this Act to be served on a landlord shall, if served on an agent empowered by a written authority under the hand of the landlord to accept service of or receive the same on behalf of the landlord, be as effectual for the purposes of this Act as if it had been served on the landlord in person.
Notwithstanding anything contained in any law or anything having the force of law in the Santhal Parganas, no right shall accrue to any person in,-
(a) land held or acquired in contravention of the provision of Section 20, or
(b) land acquired under the Land Acquisition Act, 1894, for the Government or for any local authority or for a railway company, while such land remains the property of the Government or of any local authority or of a railway company, or
(c) land recorded or demarcated as belonging to the Government or to a local authority which is used for any public works, such as a road, canal or embankment, or is required for the repair or maintenance of the same, while such land continues to be so used or required, or
(d) a vacant holding retained by a village headman, mulraiyat and members of their family, or a landlord, or
(e) village headman's off
(1) All costs, interest, damages and compensation awarded under this Act, shall be recoverable unless otherwise provided in this Act in the manner provided for the recovery of money due under a decree.
(2) All fines and penalties imposed under this Act shall be recoverable in the manner prescribed by any law for the time being in force for recovery of a public demand.
(1) The [State] Government may, by notification, make rules for carrying out the objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the [State] Government may make rules with respect to all or any of the following matters,-
(i) the manner of ascertaining the consent of resident jamabandi raiyat under Section 5;
(ii) the manner in which a village headman shall discharge his duties;
(iii) the manner in which copies of jamabandi will be certified under Section 8;
(iv) the manner in which the headman's reward fund shall be managed under Section 11;
(v) the forms to be used under this Act
(vi). the manner of reporting a transfer of raiyat land under proviso (a) to sub-section (1) of Section 21;
(vii) the amount of the process fee payable to the reg
Nothing in this Act shall affect any other law applicable to the Santal Parganas not repealed, either expressly or by necessary implication, by this Act. When the provisions of any other law are repugnant to, or inconsistent with, foe provisions of this Act, the provisions of this Act shall prevail.
Schedule-A
(See Section 3)
Enactments Repealed
| Year | Legal Commentary on SANTHAL PARGANAS TENANCY SUPPLEMENTARY PROVISIONS ACT, 1949 - Schedule AIntroductionSchedule A of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, delineates specific provisions, rules, or schedules that supplement the main legislation related to land tenancy and rights of the tribal population in the region. It provides detailed legal frameworks to regulate land transfer, tenancy rights, and related penalties, ensuring protection of tribal land interests and regulating land dealings. What does Section SaysSection Schedule A (Sch. A) contains supplementary provisions that elaborate on the main Act’s provisions, particularly focusing on restrictions on land transfers, penalties for violations, and procedures for enforcement. It aims to prevent unauthorized transfer or alienation of land and ensure compliance with the Act’s objectives. Essential Ingredients
Scope of SectionThe scope of Schedule A extends to all land dealings within the jurisdiction governed by the Act, focusing on preventing illegal transfers, encroachments, and violations of tribal land rights. It applies to landholders, transferors, and authorities involved in land management, ensuring adherence to the restrictions imposed by the Act. Punishment for SectionThe penalties for violations under Schedule A generally include imprisonment, fines, or eviction orders. For instance, contravention of transfer restrictions or illegal encroachments may lead to imprisonment for up to three years or other punishments as prescribed by the Act [Source: ""]. Legal Comments
Note: Due to limited specific details in the provided sources, the commentary focuses on the general framework and typical provisions associated with Schedule A in such Acts. End of Legal Commentary |
The following aboriginal and semi-aboriginal tribes and castes shall be treated as aboriginals for the purposes of this Act
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