Santhal Parganas Tenancy Act,
1949
Introduction
to SPT ACT
·
Land tenancy denotes the terms and
conditions upon which a tenant holds land of the landlord.
·
The tribal unrest like Santhal
insurrection (1885-87) due to alienation of land and exploitation by market players like traders, money lenders and
the non-transferability of land
tenancy was introduced.
·
This provision was finally included
in section 20 of the SPT
Act, 1949.
·
This Act extends to Dumka, Jamtara,
Sahibganj, Godda, Deoghar and Pakur. Historical Background only.
·
The insurrection of the Santhals
was the direct reaction of justice and oppression inflicted upon them.
·
It was an uprising directed more
against their oppressor (Mahajans and other non santhal settlers) than
against the administration.
·
Four Santhal brothers Sidhu, Kanhu,
Chand and Bhairab of village Bhagnadih were leading spirits of this
movement.
·
The creation of the district of
Santhal Parganas was the direct result of the Santhal Rebellion of 1885.
·
Under the Government of India Act ,1935 Santhal
parganas was declared
to be a
“partially excluded area” and section 92 of the said Act laid down
that no Act of any Legislature shall
apply to it unless the Governor by public notification so directs and the Governor
may make such notifications or exceptions while
extending any Act as he may deem fit.
·
Under the present Constitution the President issued
a notification published in Bihar Gazette, dated the 11th Feb, 1950 declared Santhal Pargana a scheduled area.
Important Terms
·
Khas village has been defined under
Section 2(ix) of the SPT Act as a village in which there is no mulraiyat, nor for the time being a village headman
irrespective of whether there was or was not previously a mulraiyat
or village headman in the village.
·
Mulraiyat is not defined under the
SPT Act.
·
A Mulraiyat is like a village
headman who founded the village or is the descendant of the founder
of the village.
·
Village headman is defined under
Section 4(xxiii) as the person appointed or recognized, whether before or after the commencement of the Act by the
Deputy Commissioner whether known by
Pradhan, Manjhi or otherwise but does
not include a Mulraiyat.
·
The traditional right of a
mulraiyat to transfer his certain rights is confined to the private or official holding of a mulraiyat called Mulraiyat
ka Jote or Mulraiyati Jote.
Important Sections
of SPT Act
·
The manner of appointment of village Headman
depends on the category of the village.
·
In case of khas village he is
appointed under Section 5 on an application of a raiyat or of landlord
of any khas village and with consent
of at least 2/3rd of the Jamabandi raiyats
of the village ascertained
in the manner prescribed. On such consent, the Deputy Commissioner may declare the appointment.
·
The office of Mulraiyat and Pradhan is hereditary but village headman
office is elective.
·
Section 9 of the SPT Act holds that the office of Village headman is non-transferable.
·
Under section 10, no land which is
not recorded as such shall be recognized or treated as mulraiyat ka jote
(private holding) or mulraiyati jote (official holding).
·
Any waste land, which is reclaimed
by a mulraiyat or a co-mulraiyat or any vacant
holding, which is found to be settled by mulraiyat shall be treated as
non-transferable raiyat holding.
·
There is some similarity in
bhuinari and mundari-khut-kattidari tenure under the CNT Act and the office of mulraiyat under SPT
Act. Both are the heirs and descendants of original founder of the village.
·
Sec 13 of the SPT Act enumerates
the rights of Raiyat in respect of use of land and provides that a raiyat may use the land of his holding in any
manner of local usage and custom.
·
Section 14 of the SPT Act was
elaborated which mandates that raiyats shall not be ejected by the
landlord.
·
Sec 20 prohibits transfer,
settlement or lease in any manner, unless the right to transfer is recorded
in the record of rights, in respect of any raiyati holding.
·
Section 29 provides that a
mulraiyat, Pradhan or Village Headman shall not settle any waste land or vacant holding with himself
or any co-mulraiyat without the previous sanction in writing of the Deputy Commissioner.
·
Under section 32 a person aggrieved
from the settlement or refusal to settle a waste land or vacant holding may make an application before the Deputy
Commissioner within one year from the
date on which reclamation in pursuance of settlement was made or settlement was refused.
·
Section 33 provides that settlement
of waste land is liable to be set aside if not cultivated within 5
years.
·
Section 42 of SPT Act is a special
provision wherein the Deputy Commissioner has been invested with power to order ejectment of any person who has
encroached upon, reclaimed, acquired
or come into possession of agricultural land in contravention of the provisions of this Act.
