SANTHAL PARGANAS TENANCY (SUPPLEMENTARY PROVISIONS) ACT, 1949

The Santal Parganas Tenancy (Supplementary Provisions) Act, 1949

Civil194974 sections

This law governs land tenancy and property rights specifically within the Santal Parganas Division of Jharkhand. It applies to both aboriginal and non-aboriginal communities living in the region. The Act regulates agricultural holdings, defines specific types of land transfers like bhugut-bandha mortgages, and protects irrigation water channels and reservoirs from being converted for other uses. It also gives the state government the power to extend or withdraw the law from different areas while ensuring that past rights and legal proceedings remain valid. Essentially, it provides a legal framework to manage land ownership and usage for the local population.

  1. 1. Short title, commencement and extent
  2. 2. Power to vary local extent of the Act and effect of the withdrawal of the Act from any area
  3. 3. Repeal
  4. 4. Definitions
  5. 5. Appointment of a village headman of a khas village
  6. 6. Landlord to report the death of village headman
  7. 7. Village headman to be granted patta and to execute kabuliyat and furnish security
  8. 8. Landlord to supply copies of jamabandi and record-of-rights to newly-appointed village headman
  9. 9. Non-transferability of village headman's office
  10. 10. Only land recorded as such to be treated as mularaiyat ka jote and mulraiyati jote
  11. 11. Headmen's reward fund
  12. 12. Classes of raiyats
  13. 13. Rights of raiyat in respect of use of land
  14. 14. Raiyats not to be ejected by order of the Deputy Commissioner
  15. 15. Raiyat's right to manufacture tiles and bricks
  16. 16. Raiyat's right to construct bandhs, etc. on his own holding and to enjoy fish and other produce
  17. 17. Rights of raiyats in trees on his own holding
  18. 18. Raiyat's right to erect buildings
  19. 19. Division of holding and distribution of rent
  20. 20. Transfer of raiyat’s rights
  21. 21. Transfer of raiyati land by bhugut-bandha or complete usufructuary mortagage by a non-aboriginal raiyat and its limits
  22. 22. A raiyat may make over his holding temporarily on trust for cultivation
  23. 23. Exchange of raiyati land
  24. 24. Registration of certain transfers of raiyati holdings
  25. 24A. Registration of certain transfers of homestead
  26. 25. Payment of landlord’s registration fee, etc. compulsory at the time of the registration of a deed of gift or sale of a raiyati holding or a portion thereof.
  27. 26. Effect of registration
  28. 27. Settlement of waste land to be made by patta in prescribed form
  29. 28. Principles to be followed in settling waste land or vacant holding
  30. 29. A mulraiyat, Pradhan or village headman not to settle waste land or vacant holding with himself or co-mulraiyat without the sanction of the Deputy Commissioner
  31. 30. Vacant holding not to be sub-divided for purpose of settlement
  32. 31. Two or more village headman, co-mulraiyat or landlords to settle waste land jointly
  33. 32. Objection before the Deputy commissioner against settlement of waste land and vacant holdings
  34. 33. Settlement of waste land liable to be set aside if not cultivated within five years.
  35. 34. Deputy Commissioner may set apart village waste land jaherthan, or burning or burial ground
  36. 35. Water reservoirs and channels for irrigation, etc. not be cultivated or converted to other purposes.
  37. 36. Rivulets or nalas on the boundaries of villages, burning and burial grounds, camping grounds, boundary marks, roads, paths and places of worship not to be settled.
  38. 37. Raiyat’s right to graze cattle
  39. 38. Grazing land shall not be cultivated.
  40. 39. Raiyat’s right to excavate tanks, etc., other than their holdings.
  41. 40. Right of fishery in a khas tank not to interfere with raiyat’s rights.
  42. 41. No settlements of vacant holding and wast land in a Paharia village with a non-Paharia
  43. 42. Ejectment of a person in unauthorised possession of agricultural land.
  44. 43. Rent in the kind not to be realised or recognised by any Court
  45. 43-A. Time for payment of rent
  46. 44. Raiyat, village headman and mulraiyat not liable to transferee of landlord’s or mulraiyat’s interest for rent paid to former landlord or mulraiyat, without notice of the transfer
  47. 45. Payment of rent by postal money order
  48. 46. Maintenance of account of rent of each raiyat by village headman, mulraiyat or landlord
  49. 47. Receipts for rent and interest thereon
  50. 48. State Government to prepare forms of receipts and statement of accounts
  51. 49. Rent to be first charge on holdings
  52. 50. Reduction of rent for special reasons
  53. 51. Duration of reduction of rent
  54. 52. Penalty for exaction by landlord, etc., from tenant of anything in excess of the rent payable
  55. 53. Acquisition of land by landlord for building and other purposes
  56. 54. Power of State Government to make rules regarding procedure
  57. 55. Successive suits against raiyat for recovery of rent
  58. 56. Ejectment
  59. 57. Appeals
  60. 58. Second Appeal
  61. 59. Conversion of Water channels and water reservoirs
  62. 60. Review
  63. 61. Order not revisable on technical grounds alone
  64. 62. Control over Deputy Commissioner and Deputy Collectors
  65. 63. Bar to suits
  66. 64. General rule of limitation
  67. 65. Limitation for ejectment suits
  68. 65-A. Limitation for suits for arrears of rent by or on behalf of Government
  69. 66. Limitation for appeals
  70. 67. Penalties
  71. 68. Service of notice on landlord
  72. 69. Bat to acquisition of right over certain lands
  73. 70. Recovery of dues
  74. 71. Power to make rules

PDF: pending for this language.