Vidhi Codex

The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

Civil194974 sections

This legislation governs land tenure, tenancy rights, and agricultural land management across the Santal Parganas region. It applies primarily to local agricultural tenants, village headmen, and landlords, with specialized protections established for aboriginal and tribal communities. The law regulates the transfer, exchange, and sub-division of holdings, sets terms for rent collection, and outlines rules for utilizing common resources like grazing lands and water reservoirs. By restricting unauthorized transfers and preventing arbitrary evictions except through designated revenue authorities, this Act safeguards tribal land ownership, ensures equitable agricultural resource distribution, and maintains traditional community governance structures within the region.

Start reading →Read full ActSections
  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 holding
  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 channels and water reservoirs
  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. Jurisdiction of Revenue Authorities
  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. Revision
  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

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