“Comprehensive Guide to Jharkhand Land Laws: Record of Rights, Rent Settlement, and Privileged Lands (2025 Update)”

The tribal heartland of Jharkhand has a unique land tenure system rooted in custom and tradition. To recognize and regulate the land rights of indigenous communities, the British colonial administration enacted special tenancy laws for Chotanagpur. Among these, the Chotanagpur Bhupati Act, 1869 and the Chotanagpur Tenancy Act, 1908 are of paramount importance.

Below is a detailed summary of the key features, terminology, and legal implications of both acts:

Chotanagpur Bhupati Act, 1869

This Act recognized customary land tenures in Chotanagpur and provided a legal framework for managing land rights and disputes.

Key Land Tenures Recognized

• Bhuihari (भुईहरी): Held by descendants of the original settlers of a village. These tenures are community-recognized.
• Bhutkhet: Lands reserved for the village priest or Pahan to fulfill religious duties.
• Dalikatari: Another category of land set aside under customary tenure.
• Pahnai: Lands exclusively for the Pahan (village priest).
• Mahtoee: Lands reserved for the Mahto (village headman).
• Majhihas Land: Set aside for specific traditional village authorities or rights holders.
• Badhkhet: Lands designated for laborers working on Majhihas lands.

Role of the Special Commissioner

• Investigation of Claims: It was the duty of the Special Commissioner to investigate claims related to Bhuihari or Majhihas tenures.
• Power of Settlement: The Special Commissioner had powers equivalent to the Collector for revenue settlements.
• Preparation of Records: The Commissioner was tasked with maintaining a register of Bhuihari and Majhihas lands.
• Restoration of Possession: If land under Bhuihari or Majhihas tenure was illegally occupied, the Commissioner could restore it to the rightful heir or original holder.
• Final Decision Maker: Only the Special Commissioner could make decisions regarding land tenure disputes.
• Review & Appeal:
  • Review of decisions rested solely with the Special Commissioner.
  • Appeals could be made to the Divisional Commissioner.
• Restriction on Legal Representation: No Mukhtar (legal agent) or Vakil (lawyer) could represent parties without the Special Commissioner’s consent.
• Government Rule-Making Power: The State Government could issue rules or orders as necessary.

🔖 Note: In several Jharkhand competitive exams, starred (*) terms like Bhutkhet and Dalikatari have been frequently asked.

Chotanagpur Tenancy Act, 1908

This act provided a comprehensive legal framework for classifying tenants and regulating tenancy rights in the Chotanagpur region.

Chapter I – Preliminary

• Short Title & Extent: Called Chotanagpur Tenancy Act, 1908, it applies to North Chotanagpur, South Chotanagpur, and Palamu divisions.

Important Definitions

• Agricultural Year: The year traditionally followed in the local area for agricultural operations.
• Bhugatbandh Mortgage: A mortgage where the tenant’s interests in the land are used as security, and profits from cultivation during the mortgage period go to the creditor.
• Jot: Land parcel held by a tenant.
• Kodkar/Korkar: Uncultivated or forest land reclaimed by a cultivator, not the landowner. Also known as Jalasasan, Ariyat, or Babhla Khanwat.
• Landlord: The one who grants land to a tenant.
• Tenant: One who holds land under another person and pays rent; includes Tenure holders, Raiyats, and Khuntkattidars.
• Lagaan: Rent paid by a tenant to the landlord.
• Movable Property: Includes standing crops.
• Mundari Khuntkatti Tenancy: Special category of tenancy related to Munda tribal customs.
• Tenure (Bhoodhriti): The interest of a landholder, excluding Mundari Khuntkatti Tenancy.
• Permanent Tenure: Heritable tenure.
• Reclaimable Tenure: A tenure that reverts to the landlord if no male heir is present.
• Village Headman: Known by different names like Manki, Pradhan, or Manjhi.
• Permanent Settlement: Refers to the 1793 settlement in Bengal, Bihar, and Odisha.
• Decree: A legal order by a civil court.

🔖 Note: Frequently asked definitions like Korkar, Lagaan, Khuntkatti are starred (*) in Jharkhand exams.

Chapter II – Classes of Tenants (Sections 4–8)

Categories of Tenants

1. Tenure Holders
2. Raiyats
   • Occupancy Raiyat: One with the right of occupancy on the land.
   • Non-Occupancy Raiyat: No permanent occupancy right.
   • Dar Raiyat: A sub-tenant under another Raiyat.
3. Khuntkatti Raiyat: A Raiyat with ancestral rights to land originally cultivated by their forefathers from forest/jungle lands.
4. Mundari Khuntkattidar: A Munda tribal who acquired rights by clearing forest land for cultivation.

Important Clarifications

• Landholder: A person holding land either directly or indirectly for agriculture and paying rent.
• Raiyat: A cultivator with land rights.
• Khuntkatti Rights: Acquired by the ancestral clearing of jungle land; inherited only by male descendants.

Chapter III – Landholder Provisions

• No Increase in Rent Without Settlement Change: If rent hasn’t been revised since the original settlement, it cannot be arbitrarily increased.
• Rent Hike Only Through Official Order: Rent for landholders or village headmen can be increased only via orders from the Deputy Commissioner or other Revenue Officer.

Summary: Why These Acts Matter

• They safeguard tribal land rights in Jharkhand.
• Provide legal recognition to customary tenures.
• Help prevent illegal dispossession and land alienation of indigenous people.
• Set up a structured administrative mechanism through the Special Commissioner and Revenue Authorities.
• Continue to influence modern tenancy laws and land reforms in Jharkhand.

Provisions Related to Land Transfer and Registration

• Land transfers involving tenancy or occupancy rights must be registered as per Jharkhand land laws.
• If land is partitioned or rent is distributed, and the landowner is informed via registered post, the land rent becomes payable by the owner.
• If the landowner objects to the division or rent allocation, they can apply to the Deputy Commissioner.

Reacquisition of Reclaimable Land

• Any land deemed reclaimable will be automatically reacquired on the date it becomes eligible.
• However, reacquisition cannot be enforced under the following conditions:
  • If a residential house, workshop, or permanent structure has been constructed.
  • If the land hosts permanent gardens, plantations, ponds, canals, religious places, cremation grounds, or cemeteries.
  • If an authorized mine has been established by a competent authority.

Chapter 4: Rights and Provisions Related to Raiyats

Continuation of Existing Occupancy Rights

• If a Raiyat had legal occupancy rights before the enactment of the law (even through customs), these rights remain valid.
• This is true even if the Raiyat did not cultivate or hold the land for up to 12 years.

Definition of Bandoabast Raiyat

• A person who has held land either fully or partially in a village on lease or as a Raiyat before or after the Act is termed a Bandoabast Raiyat after 12 years.
• A person continues to be considered a Bandoabast Raiyat for three years after holding land as a Raiyat.
• If a Raiyat reoccupies the land under Section 71 or otherwise, they retain Bandoabast Raiyat status even after being landless for more than three years.

Special Provisions for Bhooihaars and Mundari Khuntkattidars

• If a Bhooihaar family has continuously held land for 12 years (not being Majhihas or Badhekheta land) as per the Chotanagpur Tenancy Act, 1869, they are considered Bandoabast Raiyats.
• If any land, even outside the Mundari Khuntkatti domain, has been recorded as such under any pre-existing law or this Act, and the male members of the family have held land for 12 continuous years, they are considered Bandoabast Raiyats.

Occupancy Rights of Bandoabast Raiyats

• Any person defined as a Bandoabast Raiyat under Section 17 or 18 shall enjoy occupancy rights over all land held by them in that village.

Land Use Rights of Occupancy Raiyats

• An occupancy Raiyat can use his land for agricultural purposes as per local customs or even without them.
• Permissible uses include:
  • Agriculture
  • Brick and tile making
  • Well digging
  • Construction of ponds, dams, or irrigation systems
  • Fish farming
  • Cottage industries and trade-related construction
• If the Raiyat pays rent on their holding:
  • In any pond constructed on the land, the landowner gets 9/20 and the Raiyat gets 11/20 of the produce.

Rights Over Trees and Bamboo

• A Raiyat paying rent in cash or holding rent-free land can:
  • Plant, cut, and take away trees and bamboo.
  • Use flowers, fruits, lac, and kusum gum from trees.
  • Even bamboo not planted by the Raiyat can be harvested and taken.
• If rent is paid under Section 61, timber is divided equally between landowner and Raiyat.
• For non-timber products, the share is:
  • Landowner: 9/20
  • Raiyat: 11/20

Protection Against Illegal Eviction

• If a Raiyat cultivates according to Section 21 or 21A and complies with lease terms, they cannot be evicted without valid legal grounds.

Rent Payment Obligations

• Raiyats must pay fair and equitable rent for their holdings.

Conditions for Rent Increase

• If no record-of-rights has been published or ordered, rent can only be increased by a Deputy Commissioner’s order under Section 29.
• If record-of-rights is published or ordered:
  • Rent increase must follow:
    • Sections 29, 62, 94, or 99 (depending on circumstances).
    • Otherwise, by a Revenue Officer’s order under Section 12.

Conditions for Rent Reduction

Rent may be reduced under the following circumstances:

• If rent was increased under Section 29 between January 1, 1911, and December 31, 1936.
• If land quality has degraded due to sudden or gradual causes.
• If the landowner has failed to provide irrigation facilities.
• If there’s a decline in the average market price of major food crops.
• If the land area held by the Raiyat is less than previously recorded for which rent was paid.

Note: Sections 24 to 36 of the Act comprehensively deal with rent and related aspects.

Important Notes

• Facts marked with asterisks (*) have been frequently asked in competitive exams held in Jharkhand.
• These provisions are rooted in customary land rights and seek to ensure tenure security and livelihood protection for indigenous communities.

The state of Jharkhand has unique land laws that safeguard the interests of various types of tenants and landholders, especially Scheduled Tribes (STs), Scheduled Castes (SCs), and Other Backward Classes (OBCs). These provisions are largely derived from local customs and statutory measures designed to preserve indigenous rights and ensure fair tenancy practices. Here’s a comprehensive breakdown of key legal chapters and their provisions:

Chapter 5: Khuntkattidar Raiyats (Tenants with Traditional Rights)

• The provisions related to occupancy tenants also apply to tenants having Khuntkatti rights.
• However, with specific protections:
  • If the tenancy was created more than 20 years before the enactment of this law, the rent cannot be increased.
  • If an order to increase rent has been passed, the increase cannot exceed half of the rent fixed for similar land held by occupancy tenants in the same village.

Chapter 6: Non-Occupancy Raiyats

Initial Rent and Lease:

• Rent for non-occupancy raiyats is fixed through an agreement between the landowner and the tenant.
• The rent must be paid in the same manner as occupancy raiyats.

Increase in Rent:

• Rent cannot be increased unless through:
  • A registered agreement, or
  • An agreement made under Section 42 of the Act.

Grounds for Eviction:

Non-occupancy raiyats may only be evicted on one or more of the following grounds:

• Failure to pay rent for the previous two agricultural years within 90 days from the start of the third agricultural year.
• Improper use of land leading to degradation or making it unsuitable for agriculture.
• Violation of any clause in the agreement with the landowner.
• Expiration of the lease period.
• Refusal to pay lawful rent.

Note: If a tenant refuses to pay fair and equitable rent, the landowner must apply to the Deputy Commissioner, who will hear all parties before deciding on the eviction.

Chapter 7: Exempted Lands

Certain lands are exempt from Chapters 4 and 6, and tenants cannot claim occupancy rights on them. These include:

• Lands under Section 118 of the Act, including those leased (oral or written) for more than one year.
• Lands acquired for the government, local authorities, or railway companies.
• Government land within Cantonment areas.
• Land used by lawful authorities for public infrastructure projects like roads, canals, embankments, or reservoirs.

Chapter 8: Leases and Transfers of Holdings and Tenurial Rights

Right to Lease:

• Every raiyat (tenant) is entitled to a lease from the landowner containing:
  • Area and boundaries of the land.
  • Amount and installments of rent.
  • Proportion of produce if rent is paid in kind.
  • Special conditions of the lease.
• The landowner has the right to a copy of the lease.

Restrictions on Transfer:

• Raiyats cannot transfer their holdings or part thereof:
  • For more than 5 years through sale, gift, or any contract.
• Raiyats can mortgage their land:
  • For up to 7 years (in general).
  • For up to 15 years if mortgaged to a society registered under the Bihar and Orissa Cooperative Societies Act, 1935.

Note: Under Bhugatbandh mortgage, the mortgagee may enjoy the produce from the land during the mortgage period.

Special Transfer Conditions for Scheduled Tribes, Scheduled Castes, and Backward Classes

Scheduled Tribes (ST):

• An ST occupancy tenant may transfer rights only with prior permission from the Deputy Commissioner.
• The transferee must be an ST resident of the same police station jurisdiction where the land is located.

Scheduled Castes (SC) and Backward Classes (BC):

• Similar provisions apply, with the transferee required to be an SC/BC resident of the same district.
• The Deputy Commissioner’s prior approval is mandatory.

Transfer to Government Institutions and Cooperative Societies:

• An occupancy tenant may transfer land to:
  • A cooperative society registered under the 1935 Act.
  • A bank, company, or corporation owned (51% or more) by the Central or State Government, especially if established to finance agricultural activities.

General Raiyats (non-ST/SC/BC):

• Can transfer land to any other person through sale, exchange, gift, will, mortgage, or any legal means.

Section 46 (3A): Involvement of Deputy Commissioner in ST-related Disputes

• In disputes concerning land transfer involving:
  • One party from the Scheduled Tribes and the other non-tribal,
  • The Deputy Commissioner must be made a party to the case.

Section 46 (4): Repossession of Land by Original Raiyat

• If a tenant has temporarily transferred land rights under sub-section 1(a), they can reclaim the land within 3 years of the expiration of that period by applying to the Deputy Commissioner.

Section 46 (4A): Application for Cancellation of Illegal Transfers

• If an ST occupancy tenant claims the transfer was in violation of sub-section 1(a):
  • They may file an application for cancellation of the transfer.
  • The Deputy Commissioner will conduct an inquiry.
  • However, such applications will be accepted only if filed within 12 years from the date of transfer.

Transfer of Land Under Deputy Commissioner’s Investigation (Section 46(4b))

• If the Deputy Commissioner (DC), after investigation, finds no violation of sub-section 1(a), the application will be dismissed.
• The transferor (original landholder) will be instructed to reimburse the transferee (recipient) for expenses incurred.

Violation of Land Transfer Provisions (Section 46(4b))

• If the DC finds a violation of sub-section 1(a), the transfer is nullified.
• The transferee will be evicted, and the transferor will regain possession of the land.
• If the transferee has constructed a building or structure, and the transferor refuses to pay compensation, the DC may:
  • Order the transferee to remove the structure within 2 years.
  • If not removed, the DC may remove it on behalf of the administration.

Special Provision for Pre-1969 Constructions (Section 46(4c))

• If the DC is convinced that the structure was built before the implementation of the Chotanagpur Tenancy (CNT) Amendment Act, 1969, the DC may validate the transfer, despite the violation.
• This is allowed if the transferee:
  • Provides equivalent land nearby, or
  • Pays compensation as specified by the DC.

Court Restrictions on Transfer of Raiyati Land Rights

• No court shall pass an order for sale of raiyati land rights.
• Exceptions where courts can permit sale:
  • For recovery of arrears in rent.
  • For recovery of loans or bank dues.
  • Under procedures laid down in the Bihar Orissa Public Demands Recovery Act.
• If the land belongs to a member of SC or ST, it can only be sold to another SC or ST member.

Restrictions on Transfer of Bhuinhari Land

• A Bhuinhari family member can transfer land only in the same manner and to the same extent as a tribal raiyat under Section 46.
• The state government may formulate rules on how Bhuinhari land may be transferred via sale, gift, exchange, or will.
• Transfers by any other method are prohibited.

Eviction in Case of Unauthorized Bhuinhari Transfer

• If a transfer is done in violation of these provisions:
  • The DC may act suo moto or on an application from any member.
  • The transferee can be evicted from the land.

Mortgage of Bhuinhari Land for Agricultural Loans

• A Bhuinhari member may mortgage land to:
  • A registered society under the Bihar Orissa Cooperative Societies Act, 1935.
  • A bank, or
  • A government-owned company or corporation.
• Mortgage should be through a simple mortgage only.

Transfer Rights in Defined Villages under 1869 Act

• If a Bhuinhari holds land in a village defined under the Chotanagpur Bhuinhari Act, 1869, the transfer is allowed in the same way and to the same extent as per Section 46(3).
• A leaseholder of Bhuinhari land will not acquire occupancy rights.

Ban on Judicial Orders for Bhuinhari Land Sale

• Courts cannot pass any order for sale of Bhuinhari land, even for rent dues.
• Recovery of dues can only be made by:
  • Seizing the produce of the land, or
  • Selling movable property of the defaulter.

Permissible Purpose-Based Transfers of Raiyati and Bhuinhari Land

Despite restrictions under Sections 46, 47, and 48, land can be transferred for the following purposes:

• Industrial purposes, or purposes notified by the state government as auxiliary to industry.
• Mining purposes, or purposes notified by the state government as auxiliary to mining.
• Construction of roads necessary for the above purposes.

Acquisition of Land Rights by Landlords (Landowners)

• The DC may allow a landowner to acquire land for:
  • Charitable, religious, or educational purposes.
  • Mining purposes, on behalf of the state government.

Special Compensation Provisions

• The DC shall determine 20% extra compensation over market value for the acquired land.
• However, if the land includes:
  • Temples, mosques, other religious structures, groves, burial grounds, or crematoriums, the DC cannot authorize acquisition.

Chapter 9: General Provisions About Rent

Payment of Rent

• Tenants must pay rent in four quarterly installments at the end of each agricultural quarter.

Modes of Rent Payment

• Rent may be paid:
  • At the Tehsil office (Mal Kachahari), or
  • Through money order via the DC.

Receipts for Rent and Interest

• A signed receipt must be issued by the landowner for rent or interest payments.
• Failure to issue a receipt can result in:
  • Simple imprisonment for 1 month, or
  • Fine up to ₹100, or
  • Both.

Arrears and Interest on Rent

• If rent is not paid before sunset on the due date, it is considered an arrear.
• If the landlord is the state government, rent unpaid by the end of the agricultural year is treated as an arrear.
• Interest Rate:
  • Maximum 6.25% per annum for general arrears.
  • If arrears are paid in the next agricultural year, interest is charged at 3% per annum.

Eviction for Non-payment of Rent

• A tenant may be evicted, and the lease cancelled if rent remains unpaid.

Priority of Rent Dues

• Rent has first charge on the tenancy.
• If the land is sold to recover arrears:
  • The buyer is not liable for rent dues accrued before the sale date.

Reclamation of Land by Tenants (Section 75)

• An occupancy raiyat can apply for reclamation within 3 years, and a non-occupancy raiyat within 1 year.
• If the Deputy Commissioner (DC) is satisfied that the abandonment was not voluntary, he may order repossession after rent dues are paid.

Right to Land Measurement (Sections 76–79)

• Every landholder of property, tenure, or Munda Khuntkattidar tenancy is entitled to conduct land surveys and measurements.
• In case of resistance from tenants, the landholder may file an application to the DC, who will issue appropriate directions after inquiry.

Chapter 11 – Customs and Contracts

• Though this chapter outlines rules regarding customs and agreements, it is not highly relevant for examination purposes.

Chapter 12 – Record of Rights & Rent Assessment

Power to Order Survey and Record Preparation (Section 80)

• The State Government may direct a revenue officer to survey a locality or estate and prepare the Record of Rights (RoR).

Specific Entries in the Record (Section 80)

• Entries include:
  • Tenant’s name and class
  • Land boundaries and condition
  • Landlord’s name
  • Payable rent
  • Procedure of rent fixation
  • Other terms and conditions

Survey of Water Disputes (Section 81)

• The State may order surveys and record preparation for resolving water usage or flow disputes between landlords, tenants, or third parties.

Fair Rent Settlement (Section 82)

• Based on the survey and RoR, a revenue officer will fix a fair rent for the tenant’s land.

Rent Settlement Disputes (Section 85)

• Any dispute arising during rent settlement is to be resolved by the revenue officer under Section 85.

Institution of Suits Before Revenue Officers

• Any suit arising after final publication of RoR must be filed before the revenue officer.
• The officer may transfer the case to a competent civil court if needed.

Revision by Revenue Officer

• A revenue officer appointed by the State may revise any entry or order within 12 months from the RoR draft.

Correction of Errors in RoR

• Within 5 years from the date of final publication certificate, the revenue officer may order corrections in the RoR.

Bar on Judicial Intervention (Sections 85–87)

• No court or DC can stay the RoR order for 6 months post-publication.
• Courts have no jurisdiction over suits related to RoR preparation.
• No applications affecting the land or tenant can be filed for 6 months after final RoR publication.

Enforcement of Valid Agreements

• During RoR preparation or dispute resolution, the revenue officer can enforce valid agreements between landlords and tenants.

Prohibition on Creation of New Land Conditions

• Except for rent-free tenancies created for personal service, no new land conditions shall be created post-enactment.

Valuation of Land Conditions

• Valuation is based on the average of the past 10 years or less, if applicable.

Procedure for Suit Involving Rent + Land Condition Value

• The court will determine if the combined claim (rent + condition value) exceeds the fair rent and decide accordingly.

Voluntary Conversion of Land Conditions

• Either the tenant or landlord may apply for conversion of land conditions.
• The revenue officer will fix a fair conversion fee and carry out the conversion.

Sections 106–117

• These relate to detailed conversion procedures and records, but are less relevant for examinations.

Chapter 14 – Record of Privileged Lands

Definition of Privileged Lands (Section 118)

A land is considered privileged if:

• Cultivated by the landholder’s own tools and labor, or by servants or hired workers.
• Held by a tenant for more than one year (written lease) or less than one year (oral/written), recognized by custom as privileged land.
• Recognized as ‘Zirat’ lands in Chotanagpur (except Ranchi and Dhanbad).
• Known as ‘Man’ lands in Dhanbad and Singhbhum’s Patamda, Ichagarh, and Chandil.
• Listed as Mahis or Bathkheta in registers under the Chotanagpur Tenancy Act, 1869.

Sections 119–123

• Concern the survey and record of privileged lands and are part of administrative processes.

Read more about Jharkhand Land and Laws:-
https://jharkhandexam.in/key-provisions-of-jharkhand-land-laws-legal-rights-obligations-revenue-administration/