State Act: Jharkhand
The Santal Parganas Tenancy (Supplementary Provisions) Act, 1949
Act Bihar Act XIV of 1949, 74 sections
Text as published by India Code for the Government of Jharkhand in the file "Santhal Parganas Tenancy Laws". The copy marks amendments with square brackets and footnote numbers but gives no "as amended up to" date; the newest amending Act named in its footnotes is the Santal Parganas Tenancy (Supplementary Provisions) Amendment Act, 1975 (Bihar Act 17 of 1976). Its case notes also refer to the Bihar Santal Parganas Vidhi (Amendment) Act, 1984, which changed section 4(vii), and the text already carries later wording such as the reference to Pakur in section 1(3).
The India Code file also carries editorial case notes (most headed "COMMENT" or "COMMENTS") and three notifications issued under section 4 (S.O. 12 and S.O. 14 of 6 January 1989 and one in Hindi); these are not part of the Act and are not reproduced.
The copy prints footnote numbers at many amended places but the footnote text for only three of them (in sections 17 and 20); those three are shown and the other numbers are left out.
In the file some passages are printed out of order (parts of sections 7, 17 and 61, and sections 43 to 61, which follow section 71); here each passage is placed under its own section number and the moved parts of sections 7, 17 and 61 are noted under those sections.
The file prints section 71 only up to clause (iii) of sub-section (2) and does not include Schedules A and B of the Act.
No Chapter I heading is printed, the heading before section 27 is printed as "CHAPTER VI" without a title, and the copy's typing errors (for example "Appontment of a village hweadman" in section 5) are reproduced as printed.
Title, date and preamble
[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:
Contents
CHAPTER II VILLAGE HEADMEN AND MULRAIYATS
- 5.Appontment of a village hweadman of a khas village
- 6.Landlord to report the death of village headman
- 7.Village headman to be granted patta and to execute kabuliyat and furnish security
- 8.Landlord to supply copies of jamabandi and record-of-rights to newly-appointed village headman
- 9.Non-transferability of village headman’s office
- 10.Only land recorded as such to be treated as mularaiyat ka jote and mulraiyati jote
- 11.Headmen’s reward fund
CHAPTER III RAIYATS
- 12.Classes of raiyats
- 13.Rights of raiyat in respect of use of land
- 14.Raiyats not to be ejected by order of the Deputy Commissioner
- 15.Raiyat’s right to manufacture tiles and bricks
- 16.Raiyat’s right to construct bandhs, etc. on his own holding and to enjoy fish and other produce
- 17.Rights of raiyats in trees on his own holding
- 18.Raiyat’s right to erect buildings
- 19.Division of holding and distribution of rent
- 20.Transfer of raiyat’s rights
- 21.Transfer of raiyati land by bhugut-bandha or complete usufructuary mortagage by a non-aboriginal raiyat and its limits
- 22.A raiyat may make over his holding temporarily on trust for cultivation
- 23.Exchange of raiyati land
- 24.Registration of certain transfers of raiyati holdings
- 24-A.Registration of certain transfers of homestead
- 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
- 26.Effect of registration
CHAPTER VI
- 27.Settlement of waste land to be made by patta in prescribed form
- 28.Principles to be followed in settling waste land or vacant holding
- 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
- 30.Vacant holding not to be sub-divided for purpose of settlement
- 31.Two or more village headman, co-mulraiyat or landlords to settle waste land jointly
- 32.Objection before the Deputy commissioner against settlement of waste land and vacant holdings
- 33.Settlement of waste land liable to be set aside if not cultivated within five years
- 34.[Omitted]
- 35.Water reservoirs and chamnnels for irrigation, etc.not be cultivated or converted to other purposes
- 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
- 37.Raiyat’s right to graze cattle
- 38.Grazing land shall not be cultivated
- 39.Raiyat’s right to excavate tanks, etc., other than their holdings
- 40.Right of fishery in a khas tank not to interfere with raiyat’s rights
- 41.No settlements of vacant holding and wast land in a Paharia village with a non-Paharia
- 42.Ejectment of a person in unauthorised possession of agricultural land
CHAPTER V RENT
- 43.Rent in the kind not to be realised or recognised by any Court
- 43-A.Time for payment of rent
- 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
- 45.Payment of rent by postal money order
- 46.Maintenance of account of rent of each raiyat by village headman, mulraiyat or landlord
- 47.Receipts for rent and interest thereon
- 48.State Government to prepare forms of receipts and statement of accounts
- 49.Rent to be first charge on holdings
- 50.Reduction of rent for special reasons
- 51.Duration of reduction of rent
- 52.Penalty for exaction by landlord, etc., from tenant of anything in excess of the rent payable