Key Provisions of Jharkhand Land Laws: Legal Rights, Obligations & Revenue Administration

This blog presents a detailed breakdown of significant provisions in Jharkhand’s Land Laws, with specific focus on land rights, records, revenue administration, and legal procedures. The laws play a crucial role in protecting landholders’ rights and ensuring systematic land management in the state.

Special Provisions Regarding Zamindar’s Privileged Land (Sections 124–127)

Lands already registered as Manjihas or Bathketa under the Chotanagpur Tenancy Act, 1869 will not be recorded again as privileged land of the landlord.
These types of land include land cultivated by landlords using their tools or laborers, or land let out under specific types of tenancy recognized by custom.

Chapter 15: Obligations of Khuntkatti Raiyats, Village Headmen & Other Tenants

Revenue officers, under government order, can prepare a record of rights and obligations of Khuntkatti Raiyats, village headmen, and other tenant classes.
Any dispute regarding entries or deletions in these records must be filed within three months of final publication before a revenue officer.
Once rights are recorded, unrecorded lands in the area cannot be claimed as Khuntkatti lands.

Chapter 16: Judicial Procedures by the Deputy Commissioner (DC)

The DC may conduct court hearings at any place within his jurisdiction; all hearings will be public.
Applications and suits may be filed at the DC’s office, the office of the sub-divisional officer, or any competent revenue officer.
In eviction suits against non-occupancy tenants for rent default, the landlord may combine claims for eviction, lease cancellation, and arrears.

Tenant’s Rights Before Eviction Enforcement

If an eviction order is passed, the tenant has the right to harvest crops already sown on the disputed land before handing over possession.

Deputy Commissioner’s Authority Regarding Lease

If a DC issues a lease order and the landlord fails to execute it within three months, the DC can directly issue the lease to the tenant.

Execution of Decrees and Orders

Applications for execution of DC’s decrees/orders must be filed within three months of the order date.
Certain assets are protected from seizure or sale during execution, including:
- Clothes and bedding of the debtor and family
- Agricultural tools, seeds, cattle
- Household goods and dwellings
- Account books and future maintenance rights
- Wages of workers and servants

Prohibition on Certain Enforcement Actions

A tenant cannot be imprisoned or have residences or essential adjoining lands sold in execution of any decree.

Jurisdiction in Multi-District Land Holdings

When land spans multiple districts or subdivisions, jurisdiction lies with the region containing the major portion of the land.

Exclusive Cognizance of Certain Matters by DC

Matters such as lease grants, tenancy evictions, and rent determination are under exclusive jurisdiction of the DC.
Courts cannot entertain suits in such matters where DC jurisdiction is established.

Collective Suits and Applications

Joint tenants in a village can file collective suits or applications before the DC, which cannot be dismissed merely due to group filing.

Co-sharer Claims for Rent Recovery

A co-owner landlord can file a suit to recover their share of rent from tenants.

Procedure for Suit Settlement

If both parties fail to appear at final hearing, the case is dismissed.
If one party appears, the decision is made based on available evidence.
All judgments are to be announced in open court and written in English.

Local Inquiries and Reports

The DC may conduct local inquiries through subordinate officers and accept their reports in ongoing cases.

Claims of Rent Rights by Third Parties

If any person other than the recorded landlord claims the right to collect rent, the DC may add them as a party to the suit.

Duration and Execution of Warrants

Validity of Execution Warrant:
- Any execution warrant issued by the Deputy Commissioner (DC) remains valid only for a period fixed by the DC.
- Maximum duration cannot exceed 60 days from the date of signing.

Arrest of Judgement Debtor (Decree Holder)

Conditions for Arrest:
- The debtor can be arrested if:
  - They fail to deposit the entire amount in court immediately.
  - They cannot arrange to pay the creditor.
  - They fail to convince the DC that they have no current means to pay.
Detention Period:
- Up to ₹50 → Max. 6 weeks in civil jail.
- More than ₹50 → Max. 6 months.
Post-Release Rule:
- Once released from civil jail, the same debtor cannot be re-arrested for the same decree or order.

Subsistence Allowance for Detained Debtors

Deposit of Subsistence Money:
- The applicant of the arrest warrant must deposit 30 days’ worth of subsistence allowance in court at DC’s rate.
Ongoing Responsibility:
- Until the debtor is released, the creditor must deposit this amount at the beginning of every month.
Cost Inclusion:
- These subsistence costs will be added to case expenses.

Execution of Eviction Orders

Execution Mechanism:
- For eviction or possession orders, the rightful party will be physically handed over the land.
In Case of Resistance:
- If the individual opposes, the DC can use magisterial powers to enforce the order.

Cancellation of Lease of Impersonator (Abhidhari)

In Case of Illegal Possession:
- If lease cancellation or eviction is ordered against a person other than the actual cultivator:
  - Announcement is made via drum beating (dongi pitwakar).
  - Notification is pasted on the land or nearby conspicuous places.

Execution of Decrees for Undivided Estate Shareholders

Land Cannot Be Sold:
- Land (Bhudhratti) won’t be sold unless movable property is first used to recover dues.
Immovable Property Execution:
- If arrears can’t be recovered through movable assets or the debtor’s body, execution can proceed against immovable property.

Interval Between Acquisition and Sale

A minimum 10 days’ interval is required between the acquisition and auction of movable property.

Prohibition on Official Purchase

Officers involved in warrant execution and their subordinates are prohibited from buying the property being auctioned—directly or indirectly.

Claim of Interest in Seized Property

Third-Party Claim:
- If someone claims an interest in seized movable property:
  - The DC will investigate.
  - If justified, the sale will be halted.
If Claim is Rejected:
- The claimant will bear the execution costs.

Sale of Holding for Arrears

Execution for Rent Arrears:
- The DC can sell the raiyat’s holding (jot) for unpaid rent via decree.
Protection of SC/ST Land:
- Land of SC/ST raiyats shall be sold only to the highest bidder who is also from SC/ST.
- If no such bidder exists, only then can it be sold to non-SC/ST persons.

Recovery from Other Properties

If Sale Doesn’t Cover Dues:
- Remaining amount can be recovered from other movable or immovable property of the debtor.

Claim of Lawful Possession Before Sale

Before Scheduled Sale:
- If a person claims lawful possession over the holding or property:
  - DC will examine.
  - If they deposit the decree amount, the sale is stayed, and legal inquiry is held.

Setting Aside Sale of Immovable Property

On Repayment Grounds:
- If the previous lawful owner pays the debt + compensation to the buyer within 90 days, sale can be cancelled.
On Grounds of Fraud or Irregularity:
- Within 30 days of the sale, a prior owner can apply to set aside the sale on grounds of fraud or procedural errors.

Appeal Process Against Deputy Commissioner’s Orders

Dispute Amount up to ₹100:
- DC’s decision is final—no appeal.
₹100 to ₹5000:
- Appeal lies with the Judicial Commissioner.
Above ₹5000:
- Appeal lies with the High Court.

Bar on Further Appeals

Finality of Orders:
- No further appeal lies against orders passed in appeal under Section 215.
Review Power:
- However, Commissioner or Board can review and pass any order as they deem fit.

Appeals and Their Proceedings

Scheduling of Appeal Hearings
- A date is fixed by the Deputy Commissioner or Commissioner for hearing the appeal.
- If the appellant or their agent is absent on the scheduled date, the appeal is liable to be dismissed.
Ex-Parte Hearings
- If the appellant is present but the respondent is absent, the appeal may be heard ex-parte (in the absence of the other party).
Reconsideration of Dismissed Appeals
- If within 30 days of dismissal, the appellant proves valid reasons for their absence, the appeal can be reopened for hearing by the Deputy Commissioner or Commissioner.
Rehearing of Ex-Parte Decisions
- The respondent can request a rehearing of the ex-parte decision.
- If they convince the appellate authority that they had no notice or had valid reasons for absence, a rehearing will be permitted.
Second Appeal to Judicial Commissioner or High Court
- A second appeal can be filed against a decree or order passed under Section 215, only if it involves a substantial question of law.
Transfer of Appeals
- If some appeals lie before the Deputy Commissioner and others before the Judicial Commissioner, the Judicial Commissioner may transfer pending appeals from the Deputy Commissioner’s court to their own court on application by any party.
Application of Civil Procedure Code, Order 41 Rule 22
- Provisions of Order 41 Rule 22 of the Civil Procedure Code, 1908 apply to appeals under this Act, where relevant.

Recovery of Rent Arrears under the Bihar and Orissa Public Demands Recovery Act, 1914

Recovery through Certificate Proceedings
- A non-government landowner may apply for recovery of rent arrears through the procedure laid out in the Bihar and Orissa Public Demands Recovery Act, 1914.
- The state government has the discretion to approve or reject such applications.

Limitation (Time Bar) Provisions

Applicability of the Indian Limitation Act, 1908
- The Indian Limitation Act, 1908 is applicable as long as it is not inconsistent with the provisions of the local Act.
General Rule for Limitation
- All suits, appeals, or applications must be instituted within one year from the date the cause of action arises, unless a specific period is provided.
Limitation for Grant of Leases
- Suits or applications for the grant of leases can be filed at any time; there is no time limit.
Eviction Cases
- Suits for the eviction of occupancy or non-occupancy tenants must be filed within two years from the date of misuse or breach.
Limitation for Rent Arrears
- Suits or applications for the recovery of rent arrears must be filed within three years from the relevant agricultural year.
Against Agents for Recovery of Money/Documents
- Suits against agents for money, accounts, or document delivery must be filed within one year from the termination of agency.
Recovery of Possession of Holding (Jot)
- Applications to recover possession of a holding by an evicted occupancy tenant must be filed within three years from the date of eviction.
Gram Mukhiya’s Right to Recovery
- Suits or applications by Gram Mukhiya for the recovery of agricultural land possession must also be filed within three years of dispossession.

Special Provisions for Munda Khuntkattidar Tenants

Applicability of Previous Provisions
- All earlier relevant provisions apply to Munda Khuntkattidar tenants and their holdings unless stated otherwise in this chapter.
Restrictions on Transfer
- A Munda Khuntkattidar holding or any part of it cannot be transferred through sale in execution of a court decree or order.
Exception to the Above Rule
- A court may order sale of a Khuntkattidar holding to repay a debt under a registered mortgage (not usufructuary), if the mortgage existed before the Chotanagpur Tenancy Act, 1903.
- Such a sale requires prior permission from the Deputy Commissioner.
If Permission is Denied
- The Deputy Commissioner may confiscate the land and make appropriate arrangements to settle the debt.
Limit on Mortgage Period
- No mortgage on a Khuntkattidar holding is valid if it exceeds seven years in the form of a usufructuary mortgage.
Limitations on Lease Agreements
- Leases on barren land granted to a Munda or a community of Mundas for cultivation are valid.
- Apart from the above, any lease of a Munda Khuntkattidar holding or part thereof is not legally valid.
Definition of “Barren Land”
- Land that was once cultivated but was not in use or under cultivation at the time the lease was granted.
Consent of Entire Community Required
- Any usufructuary mortgage or permanent lease of land held by a Munda Khuntkattidar community must have the consent of all members of the community to be valid.
Invalidity of Unauthorized Transfers
- Any transfer of Khuntkattidar land in violation of the above provisions is not valid.
Protection of Pre-1903 Transactions
- The restrictions mentioned do not affect any sale, mortgage, or lease made before the commencement of the Chotanagpur Tenancy (Amendment) Act, 1903, except those limited by sub-section (1) above.

Section 241–245: Transfer for Specific Purposes

Despite any provision under Section 240, a Mundari Khuntkattidar (tenant) may transfer tenancy or part of an estate without the landowner’s consent under the following conditions:
- For charitable, religious, or educational purposes
- For manufacturing or irrigation purposes
- For access to land used for the above purposes
Before granting permission, the Deputy Commissioner must ensure that:
- The landowner or co-sharers are given adequate compensation for any loss due to the transfer.

Eviction of Illegal Possession

If any person occupies a Mundari Khuntkattidari tenancy or part of it in violation of Section 240:
- The Deputy Commissioner has the authority to evict such persons.

Increase in Rent (Lagaan)

Rent of a Mundari Khuntkattidari tenant can only be increased under these conditions:
- By order of the Deputy Commissioner
- If it is proven that the tenancy was created within the last 20 years
Even in such cases, the rent cannot be increased by more than 50% of the existing rent.

Certificate Procedure for Recovery of Arrears

After Record-of-Rights preparation, if a tenant has rent arrears:
- No suit can be filed in court for its recovery.
- However, the landowner may apply to the Deputy Commissioner in writing for a certificate to recover arrears with 12.5% interest.

Reference to Civil Court in Ownership Disputes

If a dispute regarding ownership arises under Section 244:
- The Deputy Commissioner may refer the matter to the District Civil Court if appropriate.

Section 246–255: Additional Legal Procedures

Recovery Without Record-of-Rights

If Record-of-Rights hasn’t been prepared, the landowner can:
- File a suit for recovery of arrears
- Any decree will be enforced through:
  - Attachment and sale of movable property
  - Execution against the person (as applicable for debt recovery)

No Objection for Collective Tenancy Proceedings

When tenancy is jointly held by multiple Khuntkattidars:
- Proceedings under Sections 244 or 246 cannot be objected to on the grounds that not all were made parties.

Government or Landowner Dues Recovery

If a decree or certificate is issued under the Bihar-Orissa Public Demand Recovery Act, 1914:
- The Deputy Commissioner can attach the land occupied by the tenant to recover dues.

Contribution from Co-sharers

If one tenant pays full rent (including the shares of co-tenants):
- That tenant can recover corresponding shares with interest from the co-sharers.

Entry in the Record-of-Rights

All Mundari Khuntkattidari tenancies will be entered in the Record-of-Rights as per Chapter 12 of the Act.

Bar on Suits under Section 87

No suits can be entertained under Section 87 for entries relating to Mundari Khuntkattidari tenancy in the Record-of-Rights.

Disputes on Entries or Omissions

Any dispute regarding entry or omission must be brought before the Revenue Officer:
- Within three months from the final publication of the Record-of-Rights.

Appeals Against Decisions

Any decision made by the Revenue Officer under Section 252:
- Is appealable to the appropriate appellate authority as per prescribed procedure.

Entry of Final Decisions in Records

Once a case under Section 252 is finally decided, the outcome must be entered in the final Record-of-Rights by the Revenue Officer.

Evidentiary Limitation

If an order is issued under the Bengal Tenancy Act, 1885:
- It cannot be treated as evidence by the revenue officer during the preparation of Record-of-Rights to establish whether land is Mundari Khuntkattidari or not.

Section 257–268: Miscellaneous Provisions

Joint Landowners

When there are two or more landowners:
- All required actions must be done either jointly or through an authorized agent.

Bar on Suits to Alter Orders

Except where explicitly stated, no suits can challenge the orders passed under:
- Sections 20, 32, 35, 42, 46, 49, 50, 54, 61, 63, 65, 73–75, 85–87, 89, 91, 313–316.

Summoning of Witnesses and Documents

The Deputy Commissioner or Revenue Officer has the same powers to summon witnesses and evidence as a Civil Court under CPC, 1908.

Rule-Making Powers of the State

The State Government can:
- Frame rules for the implementation of the Act
- Regulate procedures where the Act does not specify them.

Recovery of Expenses

Any costs or interest adjudicated in rent suits will be recovered like rent arrears.

Transfer of Cases and Control over Revenue Officials

A revenue officer can transfer any case, application, or proceeding under this Act to any other authorized revenue officer.
Deputy Commissioners, Commissioners, and Board officials must act under the guidance and control of the Board.
Sub-divisional officers executing duties on behalf of Deputy Commissioners are also under their control.

Exclusivity and Non-Interference

Provisions of this Act do not affect the powers and duties of Settlement Officers as defined by other laws.

Historical and Legal Significance

Date of Enforcement: The Chotanagpur Tenancy Act was implemented on November 11, 1908.
Legislative Origin: Enacted under Section 5 of the Indian Councils Act, 1892 with approval from the Governor General.
Drafted By: The blueprint of the Act was prepared by a British officer, John H. Hoffman.
Influence: Largely influenced by the Bengal Tenancy Act.
First Publication: Initially published in the Calcutta Gazette.
Structure: The Act contains 19 chapters and a total of 271 sections.

Objectives of the CNT Act

Resolve land-related disputes in the Chotanagpur region.
Control tribal uprisings.
Protect land rights of tribal communities.
Provide land ownership rights to tribals.

Constitutional Status

Certain sections of the CNT Act were included in the Ninth Schedule of the Indian Constitution through the 66th Amendment (1990).
- This inclusion prevents judicial interference.
- Only the Parliament can amend these provisions.

Tribal Land Transfer Provisions

Section 49: Allows transfer/sale of tribal land to non-tribals for industry, mining, and agriculture purposes.
2016 Proposed Amendments:
- Expand permissible use to include infrastructure, rail projects, colleges, and transmission lines.
- Permit corporate land acquisition for development through the government.

Return and Compensation for Tribal Land

Section 71(k):
- Provides for return of land transferred illegally to non-tribals.
- Originally allowed transfer to non-tribals with compensation.
- As per the 2016 proposal, no transfer with compensation will be allowed.
- Land return lawsuits must be filed in Special Area Regulation (S.A.R.) Courts.

Special Laws & Safeguards

Bihar Scheduled Area Regulation Act, 1969:
- Aims to prevent and regulate illegal land transfers.
- Establishes special courts and empowers the Deputy Commissioner to approve or deny transfers, even between tribals.
1947 Amendment: Enabled land acquisition for urbanization, industrialization, and development projects.
2005 Recommendation:
- A National Advisory Council recommended no displacement of tribal people for any project in scheduled areas.

Land Acquisition Framework

Land Acquisition Act, 1894: Passed to allow acquisition for public interest.
Amended in 2013:
- Renamed as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Requires 70-80% landowner consent for:
  - Defense & defense production
  - Infrastructure (energy, housing, industrial corridors)
  - Public-private partnership projects
- Defines landowners as:
  - Those recorded as landowners
  - Those with forest rights (under Forest Rights Act, 2006)
  - Those eligible for land titles

Legal Challenges & Gender Rights

Years of Challenge: 1982 and 1986
Legal Basis: Articles related to equality and right to life
Issue: Denial of inheritance rights to daughters in Khuntkatti (tribal) land under the CNT Act.
Argued as violating fundamental rights of women under the Constitution.

Amendments and Coverage

Total Amendments: 26
First Amendment: 1920
Latest Amendment: 1995
Geographical Coverage:
- North Chotanagpur
- South Chotanagpur
- Palamu Division in present-day Jharkhand

Other Provisions

The CNT Act prohibits bonded labor (Theth Bekari).
Also includes reduction of rent rates for tribal tenants.