"Santal Pargana Tenancy (Supplementary Provisions) Act, 1949 – Key Provisions, Rights of Raiyats, Land Transfer Rules, and Settlement Guidelines Explained"

The Santal Pargana Tenancy (Supplementary Provisions) Act, 1949 safeguards tribal land rights and regulates tenancy practices in Santal Pargana, now part of Jharkhand.

Chapter 1: Preliminary

Short Title, Commencement, and Extent
- Official name: Santal Pargana Tenancy (Supplementary Provisions) Act, 1949
- Comes into effect on a date notified by the State Government.
- Applicable in Dumka, Pakur, Sahebganj, Godda, Deoghar, and Jamtara.
Power to Modify or Withdraw
- State Government can:
  - Withdraw the Act from any area.
  - Reapply it via notification.
Key Definitions
- Tribal: Belongs to a tribe listed in Schedule B.
- Agricultural Year:
  - 1st Baisakh (Bengali calendar) / 1st Ashwin (Fasli calendar) / As per local practice.
- Bhugatbandh/Purn Bhogbandhak: Temporary mortgage of land for a loan.
- Jot (Holding): Land cultivated by a Raiyat.
- Khass Village: No original Raiyat or village head exists.
- Raiyat: Non-landlord cultivating land personally or through others.
- Lagan (Rent): Payable to Zamindar by Gram Pradhan or original Raiyat.
- Santal Civil Rules: Administrative orders for Santal region under the 1855 Act.
- Vacant Holding: Land abandoned or left without an heir.
- Gram Pradhan: Appointed village head (e.g., Manjhi or Mustajir).

Chapter 2: Gram Pradhan and Original Raiyat

Section 5: Appointment of Gram Pradhan
- On request of Raiyat/Zamindar and 2/3rd consent of village Raiyats.
- Deputy Commissioner appoints the Pradhan.
Section 7: Reporting Death of Gram Pradhan
- Zamindar must apply for a new Pradhan within 3 months.
Section 8: Acceptance and Surety
- Pradhan must submit a Kabuliat (undertaking).
- Governed by rules set by the State Government.
Section 9: Providing Records to New Pradhan
- If not an heir, Jamabandi and Khewat Khatiyan copies must be given within 3 months.
Section 10: No Right to Transfer Office
- A Gram Pradhan cannot transfer his post.
Section 11: Original Raiyat’s Holding
- Any land cultivated by an original Raiyat or co-Raiyat is treated as a non-transferable Raiyati holding.
Section 12: Gram Pradhan Reward Fund
- Fines collected from Pradhans, Raiyats, and Original Raiyats go into a Reward Fund, used as per Deputy Commissioner’s rules.

Chapter 3: Raiyats

Section 13: Types of Raiyats
- Resident Recorded Raiyats: Reside in the village.
- Non-Resident Recorded Raiyats: Do not reside in the village.
- New Raiyats: Newly recorded.
Section 14: Land Use Rights
- Raiyat can use land per local customs, provided:
  - Land’s value isn’t harmed.
  - Land isn’t made uncultivable.
Section 15: Protection from Eviction
- No Raiyat can be evicted without Deputy Commissioner’s order.
Section 16: Brick and Tile Rights
- Raiyat can make bricks and tiles for personal/agricultural use without charges.
Section 17: Construction of Water Bodies
- Raiyat can build ponds, wells, reservoirs in his land without landlord’s consent—provided no harm is caused to others.

Important Notes:

Facts marked with (*) are frequently asked in Jharkhand competitive exams.
The Act provides legal protection for tribal and agrarian landholders and empowers local governance.

Section 17: Right to Use Water Bodies

A Raiyat (tenant) may:
- Use fish and other produce from water bodies or tanks without paying any fees.
If there is a dispute over damage caused by digging or construction of such sources:
- The Deputy Commissioner shall investigate and issue appropriate orders.

Rights Over Trees and Produce

Raiyat has full rights over:
- Flowers, fruits, and other produce from trees or bamboo located on their own land.
Lac cultivation or sericulture (silk farming) on self-grown trees is allowed without any fee.
Raiyats may:
- Plant, cut, or use trees, bamboo, and orchards on their holdings.
However:
- Cutting down trees requires prior permission from the Sub-Divisional Officer (SDO).

Construction Rights

A raiyat may build:
- Kaccha (temporary) or pucca (permanent) houses.
Purpose must be for:
- Personal residence or agricultural needs of the raiyat or their family.

Division of Holding and Distribution of Rent (Lagan)

Division of a raiyat’s landholding and distribution of rent must be done:
- With the consent of the landlord (zamindar) and Gram Pradhan, or the Raiyat himself.
If the division is ordered by a court and parties cannot agree:
- An application may be submitted to the Deputy Commissioner for deciding rent distribution.
Key points:
- If any sub-division of land results in rent less than ₹3, it will not be allowed.
- Private land of the Gram Pradhan cannot be split up for security (guarantee) purposes if his government-allotted land is insufficient.

Transfer of Raiyat Rights

A raiyat cannot transfer his rights through:
- Sale, gift, mortgage, lease, or will, unless:
  - The right to transfer is clearly recorded in the Khewat Khatian.
Leases on raiyati land:
- Require prior written approval from the Deputy Commissioner.
- Can be valid for a maximum of one year.

Donations by Tribal Raiyats

A Tribal Raiyat may gift land under these conditions:
- To his sister or daughter (by blood) with prior written permission of the Deputy Commissioner.
- He may donate up to half of his land:
  - To his widowed mother or wife (after his death) for maintenance.
Restrictions:
- Tribal land cannot be transferred to non-tribal raiyats except:
  - Within the same Paragana or Taluk and
  - Only to a tribal raiyat who cultivates the land himself.
- Exception:
  - Can transfer to his ghar jamai (resident son-in-law).
Any transfer that violates these rules:
- Will be invalid and unenforceable in civil, criminal, or revenue courts.
- Even if it’s ordered by a court decree, it will not stand unless:
  - The right to transfer is mentioned in the Khewat Khatian.
If any unauthorized transfer is discovered:
- The Deputy Commissioner has authority to:
  - Evict the transferee and
  - Return the land to the original raiyat or heir.

Transfer by Non-Tribal Raiyat (Section 20)

Despite the restrictions above, the State Government may notify (via gazette) that:
- A non-tribal raiyat may mortgage or transfer up to one-fourth of:
  - Paddy fields or first-grade bari land to:
    - Land Mortgage Bank established by law,
    - Registered Grain Banks approved by Deputy Commissioner,
    - Cooperative Societies (under Bihar and Odisha Cooperative Act, 1935),
    - Other raiyats in Santal Pargana.
Conditions:
- Transfers must be done by registered document.
- Must be reported within one month of registration to:
  - Deputy Commissioner and the landlord.
- Valid for a maximum of 6 years.
Transferee (recipient) will:
- Be liable to pay rent (lagan).
- If rent is unpaid:
  - May be evicted, and
  - The mortgage will be cancelled.
On mortgage expiry:
- Deputy Commissioner will:
  - Notify parties,
  - Evict the transferee,
  - Restore possession to the transferor raiyat.
Any transfer violating these terms will be treated as illegal under Section 20(1).

Penal Provisions for Unauthorized Occupation

If the mortgagee (transferee) continues to occupy land after expiry:
- Can face up to 3 months of imprisonment and/or
- A fine up to ₹500, and
- An additional fine of ₹10 per day for continued offense.

Temporary Cultivation by Trust (Nyaas)

Despite Sections 20 & 21, a raiyat may temporarily hand over cultivation rights due to:
- Temporary absence from village,
- Illness or incapacity,
- Loss of plough animals due to reasons beyond control,
- Minority or widowhood.
Conditions:
- Must notify Gram Pradhan, Landlord, and Sub-Divisional Officer by registered post.
- In cases where no time is specified, the maximum duration for such temporary cultivation is 10 years.
Any other type of cultivation arrangement outside these conditions will be considered:
- An unauthorized transfer under Section 20.

Exchange of Raiyati Land (Badlain)

A raiyat may apply to the Deputy Commissioner to exchange his land.
The Deputy Commissioner may allow the exchange only if:
- The parties involved are actual raiyats.
- Lands are in the same or nearby villages.
- The exchange is not a disguised sale, but for mutual convenience.
- The lands are of equal value.
Any exchange without written approval of the Deputy Commissioner:
- Will be considered an illegal transfer under Section 20.

Registration of Certain Transfers of Raiyati Holdings

If a raiyati holding or part of it is transferred via sale, gift, will, or exchange, the successor can get it registered with the village landlord (zamindar).
Even if such transfers are not allowed by prevailing local customs or entries in the Record-of-Rights (Khatiyan), they will still be valid if accepted by the zamindar.

Registration Fee Conditions:

In case of sale/gift/will, a fee can be charged only if rent is paid for the holding or its part.
- This fee shall not exceed 2% of the annual rent.
- It must be no less than 0.5 annas and not more than ₹50.
If the holding is rent-free, a flat fee of ₹1 may be charged.
No fee is payable if the transfer is made:
- To a legally adopted son/daughter under Hindu Law (husband/wife of the donor),
- To a blood relative within three generations under Santal customary law.

Settlement of Wastelands and Vacant Holdings

Chapter 4: Settlement of Wastelands and Vacant Raiyati Land

Section 27 – Lease-based Settlement

Settlement of wasteland must be done through patta (lease) in a prescribed form.
Four copies of the lease must be made:
- One each for: Deputy Commissioner (DC), raiyat, landlord, and village headman or original raiyat.

Section 28 – Principles for Settlement

Settlement will consider:
- Need and capability of each raiyat to cultivate the land.
- Public/social service rendered by an individual.
- Proximity of the wasteland to existing holdings.
- Special focus on landless permanent villagers who have a recorded house in the village.

Section 29 – No Settlement Without DC’s Approval

No wasteland can be settled by village headman or original raiyat without the prior written approval of the Deputy Commissioner.

Section 30 – No Subdivision Without Approval

No subdivision of vacant holdings is allowed without zamindar’s consent and DC’s approval.

Section 31 – Joint Settlement Disputes

If a wasteland is not jointly settled by multiple village headmen/landlords, the DC can cancel or modify the settlement upon any dispute.

Section 32 – Objection Rights

Anyone aggrieved by a grant or refusal to settle land may apply to the DC within one year of such decision.

Section 33 – Cancellation if Not Occupied

If a wasteland remains uncultivated for five years from the date of settlement, the DC may cancel or reallocate it upon application by stakeholders.

Section 34 – Allocation for Community Use

If areas marked as Jaherthan, cremation ground, or burial site become unsuitable, the DC can assign suitable wasteland for such purposes after consultation.

Section 35 – Irrigation Sources Not to be Settled

No dam, ahar (traditional reservoir), pond, or stream used for flood protection or public use (like drinking or bathing) may be settled without:
- Advice from village headman, raiyats, or zamindars,
- Approval of the Deputy Commissioner.

Rights Over Commons and Special Land Use

Section 36 – Water Usage Rights

No tax can be imposed for using water bodies or streams for:
- Irrigation, bathing, washing, or drinking.

Section 37 – Prohibition on Certain Settlements

No settlement allowed over streams or lands:
- On village boundaries,
- Cremation grounds, burial sites, camps, boundary markers, public paths, Jaherthan, and places of worship.

Section 38 – Grazing Rights of Raiyats

All raiyats have the right to graze animals on:
- Recorded village pastures,
- DC-designated grazing lands,
- Lands set aside under Santal Pargana Regulation,
- Forest regeneration zones.

Section 39 – Grazing Lands Not to be Settled

No village pasture land can be used for other purposes.
If pasture land is less than 5% of total village area, DC can allocate suitable wasteland as additional pasture.

Section 40 – Right to Dig Ponds

Raiyats may dig ponds or reservoirs on non-jot land with the zamindar’s permission.
They can utilize fish and other resources as per the mutual agreement.

Section 41 – No Interference in Fishing Rights

If someone has fishing rights in a pond, zamindar or landowner shall not interfere.

Section 42 – No Settlement with Non-Paharias

In Paharia villages (declared by Commissioner), no wasteland or vacant holding can be settled with non-Paharias.

Section 43 – Eviction from Unauthorized Agricultural Land Use

The DC has the power to evict any person occupying agricultural land illegally or without following due legal procedures.

Chapter 5: Rent (Lagan)

Section 44 – No Rent in Kind

No zamindar or village headman has the right to collect rent in kind (commodities).

Section 45 – Rent Liability Post-Transfer

After a transfer of proprietary interest:
- A raiyat is not liable for rent to the new owner unless a notice of transfer is given to the raiyat or village headman.

Section 46 – Payment via Postal Money Order

Raiyats can pay their rent to the landlord via postal money order.

Section 46 to 52: Rent (Lagaan) and Its Regulation

Mandatory Rent Ledger for Each Raiyat
- Every zamindar, village head, or original raiyat must maintain a yearly record of:
  - Rent payable by each raiyat
  - Amount paid
  - Outstanding dues
Right to Free Receipt for Rent Payment
- Each raiyat is entitled to receive a free receipt from the landowner or his agent upon payment of rent or interest.
Standard Format of Receipts and Records
- The State Government will prescribe formats for maintaining proper records and issuing receipts.
- These formats will be available in all sub-divisional offices.
First Charge of Rent on Holdings
- If a raiyat’s holding is transferable, the rent shall be the first charge on the holding.
- For village heads or original raiyats, the rent payable to the zamindar will also have first charge on their holdings.
Reduction of Rent Due to Specific Reasons
- For lands settled under Santal Parganas Settlement Regulations, the Deputy Commissioner can reduce rent under written orders for reasons such as:
  - Permanent decline in productivity due to soil damage (e.g., sand deposition)
  - Failure of landlord to ensure irrigation facilities despite notice within six months
  - Temporary fall in local prices of major food crops
Duration of Rent Reduction
- Once rent is reduced under Section 50, no further reduction shall be made unless a fresh rent-roll is published under the Santal Parganas Settlement Regulations.
Penalty for Illegal Collection of Extra Charges
- If a zamindar or his agent collects more than the lawful rent, they can be punished with:
  - Simple imprisonment up to 6 months
  - Or fine up to ₹500, or both

Section 53 to 54: Land Acquisition by Zamindars for Specific Purposes

Purpose-Based Acquisition by Zamindars
- A zamindar may apply to the Deputy Commissioner for acquiring land for purposes such as:
  - Personal or estate benefit
  - Religious or educational purposes
  - Irrigation, agricultural, or industrial development
  - Implementation of any national policy of the government
Process of Acquisition
- The Deputy Commissioner will:
  - Investigate the application
  - Issue notice to raiyats and interested parties to file objections
  - Upon satisfaction, allow the zamindar to acquire land by paying reasonable compensation
Compulsory Compensation
- If the raiyat refuses to accept compensation:
  - The Deputy Commissioner may permit the zamindar to deposit the amount and obtain possession
Adjustment in Rent after Acquisition
- The affected raiyat is entitled to a proportional reduction in rent for the acquired land.
Return of Unused Land
- If the land is not used for the intended purpose within five years:
  - Deputy Commissioner may order return to original raiyat/heir/interested party
  - If unclaimed, land will be settled as village waste land

Section 55 to 58: Judicial Procedures

State Government’s Power to Frame Rules
- If no procedure exists in the Act, the State Government may frame appropriate rules.
- In absence of specific rules, Santal Civil Rules will apply.
Suits for Rent Recovery
- If a rent suit has been filed, no second suit can be instituted for the same rent within 6 months from the date of the first suit.
Eviction Restrictions
- No person can be evicted from agricultural land without the order of the Deputy Commissioner.
- Even after eviction, the Deputy Commissioner may permit the raiyat to:
  - Retain residence at the homestead
  - Pay appropriate rent as decided
Right to Appeal
- Appeals can be filed against orders passed under the Act as follows:
  - If the order is by Sub-Deputy Collector, appeal lies with Sub-Divisional Officer authorized by Deputy Commissioner.
  - If by Sub-Divisional Officer, appeal lies with Deputy Commissioner.
  - If by Deputy Commissioner or Additional Deputy Commissioner, appeal lies with Commissioner.
  - If by Commissioner, appeal lies with a Tribunal appointed by the State Government.
Second Appeal Not Permissible
- Generally, no second appeal is allowed unless the appellate authority has:
  - Altered the original decision of the lower court
  - In such cases:
    - If the appellate order is passed by Sub-Divisional Officer, second appeal lies with the Deputy Commissioner.
    - If passed by Deputy Commissioner or Additional Deputy Commissioner, appeal lies with the Commissioner.
Finality of Tribunal’s Decision
- Any order passed by Commissioner or Tribunal is final, and no further appeal lies beyond that.

Examination Relevance

Many of these provisions are frequently asked in Jharkhand State Examinations.
Candidates are advised to focus on starred (*) provisions, especially rent regulation, acquisition procedures, appeal hierarchies, and judicial finality.

evision

Commissioner or Deputy Commissioner may, suo motu or otherwise, call for records of any court under their control if no appeal lies against the decision.
However, no order on revision will be made by the Commissioner on an application by a party unless:
- The Deputy Commissioner or Additional Deputy Commissioner has heard the appeal and passed an order.
Deputy Commissioner can, via a written order, authorize any Sub-Divisional Officer (SDO) to exercise the powers under sub-section (1) regarding decisions of courts under a Sub-Divisional Magistrate’s control.

Review

The Commissioner may review any order passed by them or their predecessor under powers given by this Act.
Subordinate officers cannot review their own or their predecessors’ orders.
However, clerical or accidental errors may be corrected:
- Without prior approval in the case of Sub-Divisional Magistrate/SDO by the Deputy Commissioner.
- Without prior approval in the case of Deputy/Additional Deputy Commissioner by the Commissioner.
No order will be revised on technical grounds alone unless a procedural irregularity has resulted in a miscarriage of justice.

Control of Authorities

Deputy Commissioners will function under the general directions and control of the Commissioner.
Additional Deputy Commissioners, SDOs, and Assistant Collectors operate under the general supervision and control of the Deputy Commissioner.

Bar on Civil Suits

No court shall entertain any suit to modify or annul any order passed by the Deputy Commissioner under this Act.

Chapter 8: Limitation

Section 64 – General Rule:
- If no time limit is specified, the application must be made within one year from the date the cause of action arises.
Section 65 – For applications under Section 42, there is no limitation period.
Section 65A – For eviction suits based on Section 14:
- Must be filed within two years from the date of misuse.
Section 66 – For recovery of dues by the State:
- Recovery suits must be filed within 10 years from the end of the agricultural year in which arrears were due.
Section 67 – Limitation for Appeals:
- 90 days from the date of the order for appeals before Tribunal or Commissioner.
- 60 days from the date of the order for appeals before Deputy Commissioner or SDO.

Chapter 9: Miscellaneous Provisions

Penalties (Fines)

A person may be fined up to ₹200, and an additional ₹5 per day if the offence continues, in the following situations:

Failure to maintain or repair:
- Dams, canals, streams, ponds, tanks, or other water bodies by zamindars.
Violation of customary obligations by:
- Zamindars, their agents, village heads, or original raiyats.
Neglecting to repair community infrastructure like:
- Roads, water bodies, pastures with the help of villagers.
Failure to report:
- Transfer of land contrary to Section 20.
- Death of a village head.
Settlement of non-recorded raiyats on:
- Waste or uncultivated lands by zamindars or their agents.
Failure to provide copies of records to newly appointed village heads under Section 9.
As a raiyat:
- Failing to assist in maintenance of embankments or village roads.
- Encroaching upon recorded village pathways, resting grounds, or pastures.
- Transferring or cultivating land illegally as per Section 20.
- Cutting trees or misusing forest land contrary to law.

Penalty Procedure:

The Deputy Commissioner may impose penalties suo motu or on receipt of information.
Proceedings must be initiated within three months of the offence.
Appeals lie with the Commissioner, whose decision is final.

Service of Notice on Zamindars

Service of any notice upon a duly authorized agent of a zamindar will be considered as service on the zamindar himself.

Restriction on Acquisition of Certain Lands

No person can claim rights over the following types of land:

Section 20 lands once acquired under its provisions.
Land acquired under Land Acquisition Act, 1894 for:
- Government, local authority, or railway company, as long as it remains in their possession.
Recorded or demarcated land in possession of government/local authorities for public purposes.
Fallow lands held by village heads, original raiyats, or zamindars.
Land belonging to:
- Village head’s homestead,
- Pastures,
- Religious/community sites like Jaherthan, cremation grounds, or cemeteries.

Recovery of Arrears

All dues, losses, and compensations under this Act will be recovered like decree dues.
All penalties and fines shall be recovered as public demands under the prevailing law.

Rule-Making Powers

State Government may make rules via notification to implement the objectives of this Act.
These may include:
- Procedures for obtaining raiyats’ consent under Section 5.
- Duties of village heads.
- Certification of jamabandi records.
- Rewards for village heads.
- Reporting of land transfers.
- Fixation of process-fees under Section 25.
- Service of notices under Section 32.
- Procedures under Section 53 regarding prohibited acquisitions.
- Judicial processes in various proceedings.

Overriding Clause

This Act will not override other laws applicable in the Santhal Pargana unless:
- They are explicitly or necessarily repealed by this Act.

“Santal Pargana Tenancy (Supplementary Provisions) Act, 1949 – Key Provisions, Rights of Raiyats, Land Transfer Rules, and Settlement Guidelines Explained”