What is Santhal Paragna Act
What is the Santhal Paragna Act?
It is a tenancy law. It was brought in 1949. It extends to the Santhal Paragna region of Jharkhand. It extends to Dumka, Shaebjang, Godda, Deoghar, and Pakur.
Why was It created?
Santhal Paragna Tenancy act was direct repercussions of the Santhal revolt, which happened in 1855 against the feudal land tenure system of the colonial government. The first Santhal Paragna Tenancy act 1876 prohibits the sale of Adivasi land to non-Adivasi people. The law was old, but it was the first time codified in 1949.
What is Khas Village?
Khas village is the village in which there is no mulraiyat and no headman.
Who is a Raiyat?
A raiyat was defined as someone who has acquired a right to hold land to cultivate it, whether alone or by members of his family, hired servants, or partners. It also referred to succession rights.
Classes of Raiyat?
i. Resident jamabandi raiyats: who reside or have their family residence in the village
ii. Non-resident jamabandi raiyats: Person recorded as jamabandi raiyat, but they do not reside in the village.
iii. New Raiyat: Person recorded as new Raiyat.
What are the Rights of Raiyat in respect to Land uses:
They can manufacture tiles and bricks for domestic and agricultural purpose
Can construct band, agar, tank, wells, water reservoir for the drinking and domestic purposes
Plant trees, orchards, bamboos
Cut, fell, and appropriate any tree including bamboo only condition Mahua tree can only be cut with the prior permission of Sub-divisional officer.
Raiyat can grow Silk cocoon or lac.
Raiyat can erect a building for domestic and agricultural purposes.
Who is mulraiyat in Santhal Paragna Act?
A Mulraiyat is a settlement holder whose rights are transferable and attachable. Mulraiyat is also known as the original raiyat.
What is mularaiyat ka jote and mulraiyati jote?
mularaiyat ka jote = private holding, mulraiyati jote = official holding
Can a raiyat transfer his land?
This is dealt with by section 20 of the Santhal Paragna Act, which is the core of the SPT act. This section is tried to be diluted by the government, but due to extreme pressure, it was not materialized. Section 20:
No transfer by a raiyat of his rights or any portion by gift, sale, the mortgage will lease unless the right to transfer is recorded in records of rights. What is the record of rights?
Record of Rights: It is a document of estate and contains information about particular land.
Lease of land is possible for Excise shop-but grant can not be extended for more than one year with the written permission of the deputy commissioner.
The gift to sister and daughter is permissible but should take permission from Deputy Commissioner.
Grant to widowed mother or to his wife for maintenance after his death.
Land which is transferrable shall be transferred only to aboriginal raiyat of the Parganas or taluk or tappas.
The court can not pass a decree for sell of the right of Raiyat.
Exception: Occupancy Raiyat may be sold for the realization of a loan. Suppose the land portion of land belongs to Aboriginal tribes or castes. It may be sold only to aboriginal tribes/caste.
If the transfer happens, which is illegal or is against section 20, the deputy commissioner had to restore it to its original raiyat.
What is Bhugut-Bandha It is a type of land mortgage under "Santhal Paragna Act of 1949. This term is described in section 21 of the SPT act. The state government may by notification publish an official gazette permit no-aboriginal raiyat, either of whole Santhal Paragna or such portion of it to mortgage the land.
Can a raiyat transfer the land temporarily?
The answer is yes, according to section 22 of the SPT act. Raiyat can temporarily give to another raiyat for cultivation. If time duration is not mentioned, the transfer will be null and void after ten years.
Which aboriginal and semi-aboriginal tribes and castes shall be treated as aboriginals for SPT ACT
There are ten original and Semi Original tribes treated as aboriginals.