SANTHAL PARGANAS TENANCY LAWS
SANTHAL PARGANAS TENANCY (SUPPLEMENTARY PROVISIONS) ACT, 1949
[Bihar Act XIV of 1949]1
[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. Short title, commencement and extent. – (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 2(State) Government
may by notification, appoint in this behalf.
3[(3) It extends to the whole of Santal Parganas Division comprising of
4[Dumka,Sahibganj], Godda, Deoghar and Pakur.
COMMENT
Commencement – The Act came into force on the 1 st Nov. 1949 by
Notification No.9169 -R, dated 24/09/1949, in Bihar and Orissa Local
Statutory Rules and Orders, Vol. 1, Part VIII.
2. Power to vary local extent of the Act and ef fect of the withdrawal of
the Act from any area. – (1) The 1[State] Government may, by notification
withdraw this Act, of any part thereof, from any portion of the Santal
Parganas 2[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the area from which the same has been so withdrawn.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, privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid;
And any such investigation, legal proceeding or remedy may be instituted
continued or enforced and any such penalty, forfeiture or punishment may
be imposed as if no such withdrawal had been made.
COMMENTS
Section 2–Applicability of Hindu Succession Act. –Provision of Section
2(2) of Hindu Succession Act lay down that this Act does not apply to
members of Schedule Tribes. Santals being members of Schedule Tribes.
Governed by the Customary Law in matters of inheritance and succession. A
Santal widow cannot make alienation without legal necessity therefor.
[Banset Manjhi v Raimat Majhiain, 1994 (2) PLJR 582].
Section 2–Applicability of B.L.R Act, 1950. –Bihar Land Re forms Act,
1950, is validly applicable to all portions of the Santhal Pargans. The
Provisions of Section 3 of Regulation, 1872 are impliedly repealed as a result
of the enactment of the the Fifth Schedule of the Constitution of India, and in
the absence of any notification under clause (5) of Part B of the Schedule, the
jurisdiction of the Bihar Legislature to legislate for the scheduled area of the
Santal paragon cannot be doubted. [Bedabala Devi v. State of Bihar, 1953
BLJR 77: AIR 1954 Pat 159 (DB)].
3. Repeal.- The enactments mentioned in Schedule A are hereby repealed to
the extent specified in the fourth column thereof.
COMMENT
Sections 3, 27 (1), (3) and 28. - Santhal Paragana Tenancy,
(Supplementary Provisions) Act, 1949 became applicable from 1st Nov. 1949.
Section 3 of Act states that enactment mentioned in Schedule ‘A’ are
repealed to the extent specified in the forth column thereof. Schedule A of
the Act is listed as one of the Acts the Regulation of the 1872 and the extent
of the repea l of Regulation was in connection of Sections 27 and 28. One
Section 27 of the Regulation stood repealed by the Act, question arises
whether the right which had accrued to purchaser under the Regulation in
connection with the operation of Section 27 sub -sections (1) and (3) of the
Regulation was save or not despite the repeal of the said Section 27. At the
relevant provision shows that no expressed provision in the Act which lays
down that notwithstanding the order passed or action taken in connection
with transaction under the regulation, and notwithstanding any right which
might have accrued there under fresh scrutiny of the said transaction could
be made under the relevant provision of Act, which corresponded to the
earlier repealed Section 27 of the Regu lation. When such contrary intension
does not appear from the scheme of the Act, the effect of repeal of Section
27 of the Regulation squarely attracts the provision of the Section 8 of the
Bihar General Clauses Act, 1917.
[Deonarayan Singh v. Commissioner, Bhagalpur, 1997 (2) BLJR 1352: 1998 (2)
PLJR (SC) 3].
4. Definitions.-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 cas te 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 1[State] Government in this behalf;
(ii) “Agricultural year” means, where the Bengali year p revails, 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, shall
Be deemed to be extinguished by the profit arising from the holding or part
of the holding during the period of the mortgage;
(iv) 1[“Commissioner’ means the Commissioner of the Santhal Parganas
Division];
(v) “Community” means the social group to which a person belon gs and for
the purposes of this Act there shall be two such groups, aboriginal and non -
aboriginal;
(vi) “Deputy Collector” includes an Assistant Collector and a Sub -Deputy
Collector;
(vii) 2[“Deputy Commissioner” means the Deputy Commissioner of the
3Dumka, Sahibganj, Godda, Deoghar, Pakur and includes],-
(a) Additional Deputy Commissioner, Sub -divisional Officer or Deputy
Collector, empowered by the 4[State] Government to discharge any of the
functions of Deputy Commissioner under this Act; and
(b) any D eputy Collector, whom, subject to the control of the 5[State]
Government, the Deputy Commissioner may, by general or special order,
authorise to exercise any of his functions under this Act;
COMMENTS
Deputy Commissioner - Prior to the enactment of the Bihar Santal
Parganas Vidhi (Amendment) Act, 1984 (which came into force on
26/05/1984),under clause (vii) of Section 4 Deputy Commissioner for the
purpose of SPT Act, 1949 means only the Deputy Commissioner of Santal
parganas. [Hari Ballabh Narain v. State of Bihar, 1991 (1) PLJR 632].
The word “Deputy Commissioner” has been defined in Section 4 (vii) and
it means and includes “Additional Deputy Commissioner”, Sub -Divisional
Officer or Deputy Collector empowered by the State Government to
discharge any of the functions of the Deputy Commissioner under the SPT
Act, 1949.
[Probodh Kumar v. Commissioner, 1988 PLJR 811].
Sections 59 and 4, Clause (vii) -Notice under Section 69 of the Act by
Deputy Commissioner of Deoghar dated 03/02/1984 - Quashing of -Power
conferred on 26 th May, 1984 - Notice without jurisdiction quashed. [Hari
Ballabh Narain v. The State of Bihar, 1991 (1) BLJR 643].
NOTIFICATION
S.O. 12, dated the 6 th January, 1989.- In exercise of the powers conferred
by section 4 (ii) A of the Santhal Parganas Tenancy (Supplementary Provision)
Act, 1949 (Bihar Act 14,1949), the Governor of Bihar is pleased to empower
Shri Ras Bihari Pandey, Additional Collector, Deoghar to discharge the
function of the deputy Commissioner under the said Act within the limit of
his administrative jurisdiction.
S.O 14, dated the 6 th January, 1989.- In exercise of the powers conferred by
Section 4 (ii) A of the Santhal Parganas Tenancy (Supplementary Provision)
Act, 1949 (Bihar Act 14, 1949) the Governor of Bihar is pleased to empower
Shri Ram Bachan Tiwari, Deputy Collector , Deoghar to discharge the function
of the Sub -divisional officer under the said Act within the limit of his
administrative jurisdiction till the Sub -divisional Officer is not posted at
Deoghar.
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(viii) “Holding” means a parcel or parcels of land held by a raiya t and
forming the subject of a separate tenancy”
(ix) “khas village” means a village in which there is no mulraiyat nor for
the time being any village headman irrespective of whether there was or was
not previously a mulraiyat or village headman in the village;
(x) “landlord” means a person other than the village headman or
mulraiyat entitled to receive rent and includes a proprietor, a tenure -holder,
a ghatwal and the 1 Government;
(xi) “non -aboriginal” means a person who does not belong to any
aboriginal or semi -aboriginal tribe or caste specified in Schedule B or to any
other aboriginal or semi -aboriginal tribe or caste notified by the 2[State]
Government under clause (i) of Section 4;
(xii) “prescribed ” means prescribed by rules made by the 3[State]
Government under this Act;
(xiii) “raiyat” means a person not being a landlord, who has acquired a
right to hold land for the purpose of cultivating it by himself or by members
of his family or by hired servants; and includes the successor in interest of a
person who has acquired such a right;
Explanation. – A village headman shall be deemed to be a raiyat in respect of
his private holding if any.
(xiv) “Recorded” means recorded in the record-of-rights;
(xv) “Rent” means whatever is lawfully payable in money by–
(a) a village headman or mulraiyat of a village to the landlord of
that village in accordance with the record- of-rights hereinafter referred to as
village rent, or
(b) a raiyat, on account of the use or occupation of the land held by him to h
is landlord, either directly or through a village headman or mulraiyat as the
case may be, and includes all dues (other than personal services) which are
recoverable under any law for the time being in force as if they were rent;
(xvi) “Santal Civil Rules” means the directions issued by the 1[State]
Government for observance in the administration of civil justice in the Santal
Parganas by officers appointed under Clause (2) Section 1 of the Santal
Parganas Act, 1855 (37 of 1855).
2[(xvii) “Santhal Parganas” means the Santal Parganas Division comprising of
Dumka, Sahibganj, Godda and Deoghar districts.]
(xviii) “Settlement rate of rent’ means the rate of rent mentioned as
settlement rate in the record-of-rights.
3[(xix) “tenant’’ includes a tenure-holder, village headman and mulraiyat;]
(xx) “Vacant holding” means an abandoned holding or holding of which the
raiyat has died without heirs;
(xxi) “Village” means,-
(a) th e area defined, surveyed and recorded as a distinct and separate
village in the map and record -of-rights prepared under any law for the time
being in force, and
(b) Where a survey has not been made and a record -of- rights has not been
prepared under any s uch law, such area as the Deputy Commissioner may,
with the sanction of the Commissioner, by general or special order, declare
to constitute a village:
Provided that when an order has been passed under Section 9 of the Santal
Parganas Settlement Regulation (Reg.3 of
1872) directing that a survey be made and record -of- rights prepared in
respect of the whole or any part of the Santali Pagans, the 1[State]
Government may by notification, declare that in such area ‘village’ shall
mean the area which for the p urposes of such survey and record -of- rights
may be adopted by the Settlement Officer, subject to the control of the
Commissioner, as the unit for making the survey and preparing the record -
of-rights;
(xxii) “village community means the body of all the jam abandi raiyats of a
village, their co-sharers, children and heirs; and
(xxiii) “village headman” means the person appointed or recognised whether
before or afte the commencement of this Act by the Deputy Commissioner
or other duly authorised officer to ho ld the office of a village headman
whether known as pradhan, mustajur, manjhi or otherwise, but does not
include a mulraiyat.
COMMENT
Sections 4 (ix) and 5 - Appointment of Headman -Election under Section 5 of
the Act -Hereditary succession when applicable -held, principle of hereditary
succession is applicable only when incumbent dies and his successor
available- In case where incumbent resigbned voluntarily election to be held
amongst candidates of same village and not from different village.
[Sheopuyjan Bhagat v. Thakur Hembrom, 1997 (1) All PLR 51 (SC)].
CHAPTER II
VILLAGE HEADMEN AND MULRAIYATS
5. Appontment of a village hweadman of a khas village. - 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.
COMMENTS
Sections 5 and 6- SPT Supplementary Rules, 1950, Rule 3(5)- New Headman-
Appointment of- deceased Pradhan died leaving successor - Acceptability of-
To be ascertained from the will of 2/3 rd of Jamabandi Raiyatasnamely 16
anna raiyats- Failure to give due notice t o al the Jamabandi raiyats -Decision
of Deputy Commissioner unsustainable - Set Set aside - Command issued to
service all the Jamabandi raiyats bty every attempt and thereafter pass
order.
[Mahipal Mishra v.State of Jharkhand, 2003 (2) JCR 401: 2003 (2) J LJR 274
(Jhr)].
Sections 5 and 6 and Santal Paraganas Tenancy (Supplementary) Rules,
1950, Rules 3, sub -rule (5) - Pradhan-Appointment of Pradhan -How to be
made- Claim as appointed to be Pradhan - Is a subject to select a fit person
for such appointment. [Jagdish Misra v. Chamaklal Mishra, 1965 BLJR 674].
Section 5 - If on the date fixed requisite consent of two -third majority of
the Jamabandi raiyat is not available under rule 3(1) further adjournment
cannot be allowed, application is liable to be dismissed. [Banke Bihari Lal
v.Commissioner, 1969 PLJR 492].
Sections 5 and 6 - Santhal Parganas Tenancy (Supplementary) Rules, 1950,
Rule 3-Appointment of Pradhan - Non-Khas village- Provisions of Section 6 of
the Act attracted -Office is hereditary i n nature - Next heir who is fit, is
entitled to be the Headman - Sub divisional Officer competent to ascertain
the views of Jamabandi raiyats of the village - Earlier matter remanded for
compliance of Rule 3 on reconsideration –Reconsdiration has to be in ter ms
of clauses 3 and 4 of the Schedule V of the rules- Single Judge while disposing
of the writ petition did not understood the scope of remand order made
earlier- Order modified - Direction issued to Sub -Divisional Officer to
ascertain the views of the Jama bandi raiyats of village on the question of
fitness to succeed to the post in terms of clauses 3 and 4 of Schedule V of the
rules by proceeding uner rule 3(5).
[Swarnlata Devi v. State of Jharkhand & Ors., 2003 (3) JCR 416 (Jhr)].
Sections 5,6 and 7 and Schedule 5 read with Santhal Parganas Tenancy
Manual, 1911 (Pages 291 to 299) - Hereditary right in appointment -
Affirmation by authority as village headman -Resident in village necessary to
discharge his duties - short visit by headman illegal - Appointment on
hereditary right of village headman illegal - Direction to initiate proceeding
for appointment of village headman - illegal- Direction to initiate proceeding
for appointment of village headman -From a perusal of the headman’s duties
it is self -evident that for any meaningful discharge of those duties, it would
be essential for the headman to permanently and regularly reside in the
village in question and it would not be possible to discharge those duties
satisfactorily in case he lived outside the villag e on Government postings and
came to the vfillage only intermittently. The headman has, in fact, a long list
of duties which can be duly discharged only by a person living in the
concerned village. Thus, the result of his appointment would be that he
would be enjoying the social status and prestige and he and his family
members would be deriving the many benefits attached to that office but he
would not be discharging most of the duties of the headman. In the light of
the above discussion, the Court was of the considered view that only a
person regularly residing in the village can be considered to be a suitable
candidate for the office of the headman and respondent No. 5
notwithstanding his hereditary claim, is unfit for the office of headman for
the simple reason that he is not living there regularly. In the Court’s opinion,
therefore, the authorities acted erroneously in allowing his claim simply on
the basis of hereditary right and directing for his appointment as headman. It
as headman was bad and illegal. Before concluding it is to be observed that it
has been found that the petitioner too has no hereditary claim to the office
because his grandfather was dismissed from the office of hard man. The
Apex Court accordingly direct the Deputy Commissioner, Dum ka to initiate
proceeding for appointment of village headman for the village in question as
provided under Chapter 2, read with Schedule 5 of the Act. In case 2/3 rd of
the Jamabandi raiyats do not give their consent for appointment of a
headman, the villag e MAY BE CONVERTED INTO A KHAS VILLAGE. [Babulal
Hembrum v. State of Bihar, 1998 (1) PLJR 43: 1998 (1) ALL PLR 277 (Pat)].
6. Landlord to report the death of village headman. –When the village
headman of a village which is not khas, dies, the landlor d 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.
COMMENTS
Section 6- ‘To elect a village headman’ in Form A under Rule 3 gives a clear
indication that the appointment of the headman by way of election by the
raiyats of the village but it is relevant raitat of village means Jambandi raiyat
without taking into consideration the opinion of the Jamabandi raiyat the
order is ba d in law.[Jagdish Mishra v. Chamaklal Mishra, 1965 BLJR 674:ILR
45 Pat 668]
Section 6 – It was held that authorities should have first
considered the case of person claiming right to the post of Pradhan on the
basis of hereditary cla im. It was pointed out that the procedure of election
under Section 5 comes only after rejecting the right of hereditary claim.
[Thakur Hembrom v. State of Bihar, 1980 BLJR 448:1980 BLJ 212 (DB)].
Section 6- Authorities under this act are bound to considered the
claim of the post of Pradhan on the basis of hereditary claim first. After
rejection of this claim the authority can considered the alternative method of
appointment of Pradhan by election. [Thakur Hembrom v. State of Bihar,
1980 BLJR 448:1980 BLJ 212 (DB)].
7. Village headman to be granted patta and to execute kabuliyat
and furnish security. – (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 1[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 woud in the
opinion of the Deputy Commissioner suffice together with the officia l
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-man, the consent of co -sharers, if any, shall be taken in writing before
the family holding is pledged as security for village rent. The co -sharers shall
have the right to have their shares released form security , at any time after
the first five years, but all arrears ofvillage rent must be paid up in full before
any share is so released.
Commnent
No other evidence is necessar y for determination of Raiyati
interest in respect of agricultural land if it is created by settlement or by
possession for long period and rent receipt is issued in favour of the settle.
[Samir Kumar Mukherjee v. State of Bihar, 1999 (2) PLJR 409]
13. Rights of raiyat in respect of use of land – (1) A raiyat may use
the lad comprised in his holding,--
(a) In any manner which is
authorised by local usage or custom, or
(b) Irrespective of any local
usage or custom, in any manne r 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.
14. Raiyats not to be ejected by order of the Deputy Commissioner ---
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 authorised by section 13 except in
execution of an order of ejectment passed by the Deputy Commissioner.
15. Raiyat’s right to manufacture tiles and bricks – 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.
16. Raiyat’s right to construct bandhs, etc. on his own holding and to
enjoy fish and other produce – 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 irrigat ion,
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 suc h 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.
17. Rights of rai yats in trees on his own holding --- (1) Notwith -
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—
(3) A village headman shall have the op tion to give at any time
cash security instead of, or to supplement, the security of his land. The
Deputy Commissioner shall fix the amount of such cash security which when
paid shall be palced in revenue deposit.
8. Landlord to supply copi es of jamabandi and record -of-rights to
newly-appointed village headman. – 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.
9. Non -transferability of village headman’s office. – The village
headman shall have no right to transfer his office in any way.
10. Only land recorded as such to be treated as mularaiyat ka jote and
mulraiyati jote. --- 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.
11. Headmen’s reward fund. – All fines imposed upon, and realised
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.
CHAPTER III
RAIYATS
12. Classes of raiyats – There shall be for the purpo ses 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 jama bandi
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.
(a) Plant t rees, 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:
1[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 la nd 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 the
raiyat in such tree of bamboo shall be exercised in accor dance with, any
subject ot, any such entry.]
(2) A raiyat shall have the right
to grow lac or rear silk cocoon free of charge on trees planted by him on his
holding.
18. Raiyat’s right to erect
buildings – A raiyat may erect kutcha or pucca buildings on the his holding
for the domestic or agricultural purposes of himself and his family.
19. Division of holding and
distribution of rent – (1) A holding may be sub -divided and the rent thereof
distributed with the consent of the landlord and the village head man 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 wit h 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 ea ch 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 interested in the application.
(b) After serving the notice
required by clause (a) and hearing the parities and holding such enquiry as
he thinks fit, the Deputy Commissioner.
1. Ins, by kSec. 2 of the Santal
Parganas (Supplementary Proivisons) Amendment Act, 1951 (Bihar Act 11 of
1951), for the original proviso.
Shall distribute the rent of the
holding calculated on the basisi of settlement rate of rent, and his decision
shall be final.
(4) The order of the Deputy
Commissioner under sub -section (3) shall take effect from such date as the
Deputy Commissioner may specify in his order.
(5) The Deputy Commissioner
shall have power to award cost to any party to any proceeding under this
section, and any sum ordered to be paid as c ost shall be recoverable from
the party by whom it is payable as a public demand payable to the Deputy
Commissioner.
(6) The Deputy Commissioner
shall pay any sum recovered as cost by him under sub-section (5) to the party
to whom such costs are payable.
Provided, firstly, that in no case
shall such holding be sub-divided if the rent of any portion of the holding will
be less than three rupees.
Secondly, that the private
holding of the village headman pledged as security shall in no case be split up
if his share together with the official, if any, will not be adequate security for
the village rent. And
Thirdly, that any sub -division or
partition of the holding or the distribution of its rent shall not have the effect
of splitting up the joint liability o f faiyats for the payment of the rent of the
holding as it stood prior to the sub-division or partition.
(20) Transfer of raiyat’s rights –
(1) No transfer by a raiyat of his right in his holding or any portion thereof, by
sale, gift, mortgage, will, leas e 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 s ub-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 permission of the deputy
Commissioner, make a garnt in respect of him lands not exceeding one fhalf
of the area of his holding to his widowed mother or to his wife for her
maintenance after his death.
(2) Notwithstand ing any thing
to the contrary contained in the record -or-rights, no right of an aboriginal
raiyat in his holding or any portion thereof which is transferable shall be
transferred in any manner to anyone but a bona fide cultivation aboriginal
raiyat of the parganan or taluk or tappa in which the holding is situated.
Provided that nothing in
this sub-section shall apply to a transfer made by an aboriginal raiyat of his
right in his holding or portion thereof in favour of his gardi jamai or g har
jami.
1[ Provided further that
a raiyat who is a member of aboriginal tribes or aborigine cates may, with
the previous sanction of the Deputy Commissioner and a raiyat, who is not a
member of the aboriginal tribes or aboriginal castes may without such
previous sanction, enter into a simple mortgage in respect of his holding or a
portion thereof with any Scheduled Bank within the meaning of the Reserve
Bank of India Act, 1934, or a society or bank registered or deemed to be
registered under the Bihar and Orissa Co -operative Societies Act, 1935(Bihar
and Orissa Act VI of 1935) or a financial instituting or with a Company or a
Corporation owned by or in which not less than fifty one percent of share
capital is held by the State Government, or the central government, or partly
by the Central government and which has been set up with a view to provide
agricultural credit to cultivators.]
(3) No transfer in
contravention of sub—section (1) or (2) shall be registered, or shall be in any
way recognised as valid by any Court, whether in exercise of civil, criminal or
revenue jurisdiction.
(4) No decree or order shall be
passed by any Court or officer for the sale of the right of a raiyat in his
holding or any portion thereof, nor shall any such right be sold in execution
of any decree or order, unless the right of the raiyat to transfer has been
recorded in the record -of-rights or provided in this Act and then only to the
extent to which such right is so recorded or provided.
2[Provided that a holding or a
portion thereof an occupancy raiyat may be sold in accordance with the
procedure laid down in Bihar and Orissa Public Demands Recover Act, 1914
(B and O. Act 4 of 1914) for the realisation of loans taken from any scheduled
bank within the meaning of the Reserve Bank of India Act, 1934, or a society
or bank registered or deemed to be registered under the Bihar and Orissa
Co-operative Societies Act, 1935 (Bihar and Orissa Act VI of 1935) or
1. Ins, by Sec. 2 (a) of the
Santal Pargans T enancy (Supplementary Provisions) Amendment Act, 1975
(Bihar Act 17 of 1976) Published in Bihar Gazette, Extraordinary, dated
4.10.1975 Received assent on 13.8.1976
2. Ins. Be Sec. 2(b) of Bihar Act
17 of 1976.
Financial institution, or a
company or a corporation owned by or in which not less than fifty -one
percent of share capital is held by the State Government or the Centre
government or partly by the State Government and partly by the Central
government and which has been set up with a view to pro vide agricultural
credit to cultivators, but if the holding or portion thereof belongs to a raiyat
who is member of aboriginal tribes or aboriginal castes, it shall not be sold to
any person who is not a member of the aboriginal tribes or aboriginal castes.
1[(5) If at any time it comes to
the notice of the Deputy Commissioner that a transfer of land belonging to a
raiyat who is a member of the Scheduled Tribes as specified in Part III of the
Schedule to the Constitution (Scheduled Tribes) Order, 1950 , has taken place
in contravention of sub -section (1) or (2) or by any fraudulent method
2[including decrees obtained in suits by fraud or collusion’, he may, after
giving reasonable opportunity to the transferees, who is proposed to be
evicted, to show ca use and after making necessary enquiry in the matter
evict the transferee from such land without payment of compensation and
restore it to the transferor or his heir, or in the case the transferor or heir is
not available or is not willing to agree to such restoration, re -settle it with
another raiyat belonging to the Scheduled Tribes according to the village
custom for the disposal of an abandoned holding:
Provided that if the
transferee has within 30 years from the date of transfer, constructed any
building or structure on such holding or portion thereof, the Deputy
Commissioner, shall, if the transferor is not willing to pay the value of the
same, order the transferee to remove the same withing a period of six
months from the date of the order, or within such extended time not
exceeding two years from the date of the order as the Deputy Commissioner
may allow, failing which the Deputy Commissioner may get such building or
structure removed:
Provided further that
where the Deputy Com missioner is satisfied that the transferee has
constructed a substantial structure or building on such holding or portion
thereof before coming into force of the Bihar Scheduled Areas Regulation,
1969, he may, notwithstanding any other provisions of the Ac t, validate such
a transfer where the transferee either, makes available to the transferor an
alternative holding or portion thereof, as the case may be, of the equivalent
value in the vicinity or pays adequate compensation to be determined by the
Deputy Commissioner for rehabilitation of the transferor:
Provided also that if after an
enquiry the Deputy Commissioner is satisfied that the transferee has
acquired a title by adverse possession and that the transferred land should
be restored or re -settled, he shall require the transferor or his heir or
another raiyat, as the case may be to deposit with the Deputy Commissioner
such sum of money as may be determined by the Deputy Commissioner
having regard to the amount for which the land was transferred o r the
market value of the land, as the case may be, and the amont of any
compensation for improvements effected to land which the Deputy,
Commissioner may deem fair and equitable]
1[Explanation.- For the
purpose of this section a financial institution means,-
i. a banking company as
defined in the Banking regulation Act 1949,
ii. the State Bank of India
constituted under the State Bank of India Act, 1955,
iii. a subsidiary Bank as
defined in the State Bank of India) Subsidiary Bank) Act, 1959,
iv. a corresponding new
bank constituted under the banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970,
v. Agricultural Refinance
Corporation constituted under the Agricultura l Refinance Corporation Act,
1963,
vi. the Agro - Industries
Corporation,
vii. the Agricultural
Finance Corporation Limited, a company incorporated under the Companies
Act, 1956, and
viii. any other institution
as may be notified in this behalf as a financial institution by the State
Government in the Official Gazette.]
COMMENTS
Section 20 - Applicability of –
Agricultural land changed to Basauri land - Became transerable- Such transfer
do not fall within the mischief of Section 20 of the Act. [ Dhena Hansda and
Ors. V. State of Jharkhand and Ors. 2003(3) JCR 230(jhr)]
Section 20 - Eviction
application- Eviction application -Rejected-Appeal against -Order became
Revision against-Allowed-Evocation application stand rejected-Order became
final and conclusive -Land acquisition took place more than 60 years prior to
the filing of eviction application -Transfer thereafter took place in 1938 -
Nature of land changed as basauri land -Not open for the settlement officer
to declare the acquisition of land illegal merely as provision of Section 53 of
the S.P.T. Act,1949 has been declared unconstitutional -Acquisition of land in
year 1937-38 is valid. [Dhena Hansda and Ors. V. State of Jharkhand and Ors,
2003(3) JCR 130 (Jhr].
Section 20 – Whether the
Revenue Court has jurisdiction to evict a person who had come in possession
of the land on the basis of a compromise decree of the civil court if that
compromise was collusive. It is held, that a transferee cannot perfect his title
on the basis of collusive decree of a civil Court. Revenue Court has
jurisdiction to evict the person from the land which is obtained by fraud or
collusion. [Rajo Mian v. Puram Mian, 1987 BLJR 91].
Section 20(1), 20(2) and 20(5)
as amended by the Bihar Scheduled Areas Regulation, 1969 (Bihar Regulation
1 of 1969), State List of the Seventh Schedule to the Constitution is not
volatile of being repugnant to the provisions of Limitation Act. The provisions
do not ultra virus of the Articles 13,14,19(1) (f) an d 31 of the Constitution as
being the Section 42 of the Act is a legislatioin in respect of Entry No. 21 lf
List II. [Bhauri Lal Jain v. Sub -Divisiional Officer, 1972 PLJR 415 (FB) : AIR 1973
Pat1].
Section 20(5) as amended by
Bihar Scheduled Areas Regulation, 1971 Pat 1].
Regulation 1 of 1972) -
Compromise decree obtained in a suit in contra -venation of the Acts comes
under the ambit of sub -section (5) of Section 20 of the Act. Revenue
authorities has jurisdiction to evict the person from the land w hich is a
transfer by the fraudulent medhod. [Ram Narain Sahv. State of Bihar, 1976
BLJR 15].
Section 20 - Before the
enactment of Scheduled Area Regulation, 1969,
Deputy Commissioner has no
jurisdiction to evict a transferee from the land who has perf ected his right
through continuous possession of 12 years but now under Section 20(5) the
Deputy Commissioner has wide discretion to evict such transferee. [Kheyali
Bhaiya v. Bisan Mahton, 1957 BLJR 821].
Sections 20 (5) and 42 -
There is a distin ction between Section 20(5) land Section 42 -Original raiyat
will be put in possession under Section 20)5) by the competent authority. But
under Section 42 no such power is given to the authority. [Deonarain Singh v.
Commissioner, Bhagalpur Division, 1985 BLJR 185:
1985 PL JR 1 (FB)].
Sections 20(1), 20(5) and 42 -
Section 20(1) of the Act runs parallel to the scheme of earlier provisions of
Section 27(1) of the Regulation, 1872. Therefore the authorities have no
occasion to invoke the provisions of Section 20(1) or Section 20(5) of the Act
read with Section 42 thereof in connection of this later transaction of the
sale dated 26 th June, 1950. [Deonarayan Singh v. Commissioner, Bhagalpur,
1997 (2) BL JR 1352: 1998 (2) P L J R (SC) 3].
Section 20 - Family partition
of the family property cannot hit by Section 20 of the Santal Parganas
Tenancy (Supplementary Provisions) Act, 1949 and Section 27 of the Santall
Parganas Settlement Regulation, 1872. Mutation order passed by the Circle
Officer canno t be cancelled without giving opportunity of being heard.
[Ramjiban Sahah v. State of Bihar, 1978 B L J 337].
Section 20 - In contravention
of the provisions of Regulation III of 1872 settlement was done, the person is
coming in continuous possession m ay acquire title by adverse possession.
Order of eviction cannot be passed against the person who is coming in
possession prior to the coming into force of this Act. [Godo Mahto v. State of
Bihar, 1980 BL J 72].
Sections 20 - Te provisions of
sub-sections (1) and (2) of Section 20 of the Act are prospective in operation.
The provision did not bar acquisition of title by adverse possession. The
person came in possession through settlement in contravention of provision
of Section 27 of Regulation iii of 18 72, by remaining in possession over the
land more than twelve years before the application of eviction was filed.
[Most. Pairia v. Commissioner, Bhagalpur Division, 1978 B L J 272].
Sections 20- The land belongs
to a female cannot claim the land inher itance. Land will revert to the heirs of
her father. [Krishna Prasad Sharma v. State of Bihar, 1998 (3) P L J R 179].
Sections 20 - Occupancy right
can be acquired by a person by prescriptor of time on the expiry of said
period. [Suryabansh Upadhyay v. Awdhesh Choudhary, 1999 (2) P L J R 173].
Sections 20 - Limitation from
12 years to 30 years is only for the members of the non -tribal where there is
a case between tribal to tribal, the limitatior is twelve years. [Dhani Manjhi v.
Ranga Manjhi, 1999 (1) PL J R 605]
Sections 20 and 42 - The order
passed by the Revenue Authorities without deciding the disputed points and
without giving opportunity to the parties concerned is bad in law. The
revenue authorities are bound to decide the points on the ba sis of evidence
adduced by the parties. [Ram Lal Tatwa v. State of Bihar, 2000(1) P L J R 4888
(Pat)].
Sections 20 and 42 - When the
SDO himself was drawing with conclusion on the order of the dismissal for
default in the title eviction suit he has comm itted an error without givingExcerpt shown. Open the full act in Lexace.
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