Agrarian laws (Jharkhand) presentation


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Agrarian laws (Jharkhand) presentation

  2. 2. CONTENTS <ul><li>Land, agriculture and Society </li></ul><ul><li>Custom, Law and Jurisprudence </li></ul><ul><li>3. The Law of Tenancy, Survey, Settlement and the Record of Rights </li></ul><ul><li>Communitarian Agrarian Relations and the Schedule Areas under the Constitution of India </li></ul><ul><li>Land, Forest and Human Rights in India </li></ul>
  3. 3. CONTENTS <ul><li>Land Reforms, Wasteland Development and the Law </li></ul><ul><li>………………………………………………………… </li></ul><ul><li>Total area of land in Jharkhand is 79,714 sq. kms. which constitutes 2.4 % of the total area of the country. Total Population of the State is 2,69,09,428 at the rate of 388 per sq. kms. </li></ul>
  4. 4. Land, Agriculture and Society <ul><li>“ Our land is more valuable than your money. It will last forever. It will not perish even by the flames of fire. As long as the Sun shines and water flows, this land will be here to give life, to human beings and animals. We can not sell the lives of people and animals; therefore, we cannot sell this land. It was put here by Great Spirit and we can not sell it because it does not belong to us.” </li></ul>
  5. 5. Land, Agriculture and Society <ul><li>and again……… </li></ul><ul><li>“ You can count your money and burn it within the nod of a buffalo’s head, but only the Great Spirit can count the grain of sand and the blades of grass of these plains. As a present to you we will give you anything we have that you can take with you; but the land never.” </li></ul><ul><li>Blackfoot Chief </li></ul>
  6. 6. Land, Agriculture and Society <ul><li>Land: means </li></ul><ul><li>“ Land which is used or capable of being used for agriculture or horticulture and includes land which is an orchard or pasturage or forest land or even land perennially submerged under water or the homestead of the landholder.” </li></ul><ul><li>Homestead : means a dwelling house with courtyard, compound, garden, orchard, out-building, tank, library, place of worship appertaining to such dwelling house. </li></ul><ul><li>(Bihar Land Ceiling Manual, by S.P. Singh) </li></ul>
  7. 7. Land, Agriculture and Society <ul><li>Different Concepts of Land </li></ul><ul><li>European Concept: </li></ul><ul><li>Map correlating to a piece of the Earth. </li></ul><ul><li>African Concept: </li></ul><ul><li>A contiguous topography over which a clan moves on their shifting cultivation. </li></ul><ul><li>Right to a farm or right to farm </li></ul>
  8. 8. Land, Agriculture and Society <ul><li>Concepts of land…….. </li></ul><ul><li>Indian Concept: </li></ul><ul><li>Fair Share: To each one as per the need. </li></ul><ul><li>Tribal Concept: </li></ul><ul><li>Land is God’s gift. We hold it in trust for him. Therefore, it can not be sold or alienated. </li></ul><ul><li>Principal of Eminent Domain: </li></ul><ul><li>The land and all that is there within the kingdom belongs to the king because he is the Lord Paramount of the soil. </li></ul>
  9. 9. Land, Agriculture and Society <ul><li>Differences between Indian and European perception of land: </li></ul><ul><li>European: Land is an area to be farmed or owned (a sum total of natural resources) </li></ul><ul><li>Indian: It is an aspect of ruler-ship, vested either in the Raja or Body Corporate of Bhaichara of a Village. </li></ul><ul><li>Land for Power and Money: </li></ul><ul><li>Most Englishmen are for power than for money whereas most Indians are ready to trade in goods and money for power . </li></ul>
  10. 10. Land, Agriculture and Society <ul><li>3. Estate and Mahaal (village): </li></ul><ul><li>Estate is a unit of land management for the </li></ul><ul><li>Europeans and Mahaal (village, family, caste) is </li></ul><ul><li>a unit of land management for the Indians. </li></ul><ul><li>4. Managing Property versus Managing People: </li></ul><ul><li>To Europeans, it was the development and improvement of farming which mattered; whereas to the Indians, it was the increasing of the number of allies and followers (as the number is important from the point of view of power) which mattered. </li></ul>
  11. 11. Land, Agriculture and Society <ul><li>5. Entrepreneurship: </li></ul><ul><li>Europeans looked for entrepreneurship in all areas of life; whereas Indians were not concerned about it so much. </li></ul><ul><li>6. Investment: </li></ul><ul><li>Land, labour and capital were invested for profit which reduced the number of working hands; for Indians as far as the management of village polity and farming operations were concerned, they were supposed to produce more farm hands. </li></ul>
  12. 12. Land, Agriculture and Society <ul><li>7. Objective: </li></ul><ul><li>Objective of estate was productivity, profit and efficiency ; whereas the objective of mahaal was village or clientele. </li></ul><ul><li>Land was an element of village polity. </li></ul><ul><li>Land was an element of Social Control: </li></ul><ul><li>(a person who held more land, had also the control of the Society.) </li></ul>
  13. 13. Evolution of Tenure system in Jharkhand <ul><li>In Jharkhand the tenancy system was in a primitive form and was governed by the local custom and usages. </li></ul><ul><li>Three theories of migration: </li></ul><ul><li>a). Tribals – North-West – Indus Valley at Mohejodaro & Harrappa – Aryan invasion – through Gangetic plains – Rohtasgarh – chased away from there and settled in Jharkhand. </li></ul><ul><li>b). Tribals – West – crossed over the Himalayas – to the North East of India – returned to Jharkhand through north-eastern-tract. </li></ul>
  14. 14. Evolution of Tenure system in Jharkhand <ul><li>c). Tribals – West – and entered India through the North-West – went down the Western Ghats of India to South India - and then moved towards North – and settled in Jharkhand. </li></ul><ul><li>All the three theories have one thing in common: Original settlers of Jharkhand are the tribals </li></ul><ul><li>(= aboriginals). </li></ul><ul><li>Mundas (including Santhals, Hos, Asurs, Kharias, etc.) were the first ones to come followed by Oraons. </li></ul>
  15. 15. Evolution of Tenure system in Jharkhand <ul><li>Sasandiris (burial stones of the Mundas) are found all over Jharkhand which shows that they were the earliest settlers of Jharkhand. </li></ul><ul><li>The early settlers – cleared the forest – made cultivable lands- established individual villages. </li></ul><ul><li>Munda (village head) was the custodian of all that was there in the village including land and forest. </li></ul><ul><li>Munda distributed land to individual families according to the need for livelihood. </li></ul><ul><li>He also gave land to blacksmiths, potters, weavers, etc. known as “service tenure”. </li></ul>
  16. 16. Evolution of Tenure system in Jharkhand <ul><li>Village assets became limited – because population increased – villagers looked for alternative sights in nearby forests – number of villages multiplied – which necessitated reclamation of forest tracts for human settlement and cultivation. </li></ul>
  17. 17. Establishment of Dynasty in Jharkhand <ul><li>Villages had their own administrative system </li></ul><ul><li>Tribe Village Gp. of Villages Area </li></ul><ul><li>Oraons Mahato/ Parha Raja Raji Parha Raja </li></ul><ul><li>Pradhan </li></ul><ul><li>Mundas Munda Manki Munda Dishum Raja </li></ul><ul><li>Kharias Sohor Doklo: Sohor Maha Doklo: Sohor </li></ul><ul><li>Santhals Manjhi </li></ul><ul><li>Haram Desh Manjhi Dishum Parganait </li></ul><ul><li>Hos Munda Manki Munda Manki Sangh </li></ul><ul><li>Cheros Pradhan Seema Chatta Chero Chatta </li></ul>
  18. 18. Evolution of Tenure system in Jharkhand <ul><li>Mundas, Mankis and Parha Chiefs slowly felt the need of coordination among themselves – as well as the need for centralized authority to protect them against invasions. </li></ul><ul><li>Hence, they elected for themselves a Khukhra Chief – who called himself a ‘Raja’ because of outside influence. </li></ul><ul><li>Madra Munda (influential Manki) called for a meeting of all the Mankis and Parha Chiefs at Sutiambe to elect a Raja. </li></ul>
  19. 19. Evolution of Tenure system in Jharkhand <ul><li>PHANI MUKUT RAI, the foster son of Madra Munda was elected as the first Raja of Chotanagpur (Jharkhand). </li></ul><ul><li>Phani Mukut Rai’s dynasty is known as Nagbanshi dynasty. </li></ul><ul><li>Nagabanshi Rule was established in Chotanagpur around 13 th century, A.D. </li></ul><ul><li>Munda, Manki, Parha Rajas had their own realm of authority which Raja could not encroach upon. </li></ul><ul><li>Land was a Community property – proprietary right vested in the community. </li></ul>
  20. 20. Evolution of Tenure system in Jharkhand <ul><li>The invasion by the Aryans, Persians, Turks, Afghans, Moghuls, Marathas, etc. pushed the tribals more into the interior of jungles where they developed their own language, culture and religion. </li></ul>
  21. 21. Evolution of Tenure system in Jharkhand <ul><li>Under the Moghuls: </li></ul><ul><li>1585: MADHU SINGH, Raja of Khukhra was subdued by SHAHBAZ KHAN KHAMBHU (King Akbar’s Governor of Bihar) and made Jharkhand a tributary of the Moghuls. </li></ul><ul><li>In order to raise money to pay the tribute, Raja made the periodical ‘chanda’ of the Village Chief into a regular payment. </li></ul><ul><li>Raja defaulted in payment because collection of tribute from the people became difficult. </li></ul>
  22. 22. Evolution of Tenure system in Jharkhand <ul><li>Under the Moghuls………. </li></ul><ul><li>DURJAN SAL succeeded RAJA MADHU SINGH. </li></ul><ul><li>He also failed in paying the tribute to the Emperor. </li></ul><ul><li>1616: IBRAHIM KHAN FATEH JUNG was sent to Jharkhand by JEHANGIR (Akbar’s son). </li></ul><ul><li>He defeated Durjan Sal took him to GWALIOR as a prisoner. </li></ul><ul><li>Durjan Sal spent 12 years in prison and was released because of his expertise in testing diamonds. </li></ul>
  23. 23. Evolution of Tenure system in Jharkhand <ul><li>Under the Moghuls…….. </li></ul><ul><li>DURJAN SAL was given back his kingdom at an annual tribute of Rs. 6,000/- only. </li></ul><ul><li>While in custody, he was dazzled by the pomp & grandeur of the Moghul Court. </li></ul><ul><li>His contacts with the Hindu Kings outside and inside gave him new ideas of royalty. </li></ul><ul><li>He built for him a palace at DOENSA (Sisai, Gumla). </li></ul><ul><li>He enhanced the Court Officials accordingly. </li></ul>
  24. 24. Evolution of Tenure system in Jharkhand <ul><li>Under the Moghuls………… </li></ul><ul><li>Enhancement of the Court Officials involved enormous expenditure. </li></ul><ul><li>‘ Chanda’ from the villages was not enough to bear the burden of expenditure. </li></ul><ul><li>He handed over his customary rights of ‘chanda’ from village Chiefs in favour of his Officials. </li></ul><ul><li>They were known as ‘JAGIRS’ (service tenures) and ‘JAGIRDARI SYSTEM’ was introduced. </li></ul>
  25. 25. Evolution of Tenure system in Jharkhand <ul><li>Under the Moghuls….. </li></ul><ul><li>To maintain the family members of Raja, some tribal villages were given as ‘KHORPOSH’ (maintenance grant). </li></ul><ul><li>In making service grants, Raja meant no more than to relinquish his claims to the supplies in favour of Jagirdars. </li></ul><ul><li>The Jagirdars made it look that, Raja had transferred his absolute proprietary rights. </li></ul><ul><li>LANDLORDISM thus entered in Jharkhand. </li></ul>
  26. 26. Evolution of Tenure system in Jharkhand <ul><li>Under the Moghuls….. </li></ul><ul><li>Jagirdars appropriated the villages for themselves as if these lands had been donated to them. </li></ul><ul><li>They introduced rent in cash and kind, levies or cesses (abwabs) of various sorts. </li></ul><ul><li>The ‘Principle of Eminent Domain’ became the rule of the day which was against the Community Ownership and Use of land and forest. </li></ul><ul><li>The tribals, the original landlords of the place were reduced to tenants, cultivators pure and simple. </li></ul>
  27. 27. Evolution of Tenure system in Jharkhand <ul><li>Under the British: </li></ul><ul><li>1765: Shah Alam II, gave the ‘Diwani’ (revenue administration) of Bihar, Bengal and Orissa as a reward for the services rendered by the British Army against the local kings. </li></ul><ul><li>East India Company was a trading company was primarily interested in the revenue collection and not really in the welfare of the people. </li></ul><ul><li>British regarded the revenue collectors (zamindars) as landlords and aboriginals continued to lose their land. </li></ul>
  28. 28. Evolution of Tenure system in Jharkhand <ul><li>Under the British……… </li></ul><ul><li>British were used to the system of ‘private property’ and worked on that pre-supposition. They failed to see that the aboriginals had their own land system different from that of landlordism. </li></ul><ul><li>1822: Jharkhand had a very young Raja of 19 years (RAJA JAGARNATH SAHI DEO) who bought valuable clothes from the foreign traders. He could not pay and incurred a heavy debt. </li></ul><ul><li>He granted them villages on temporary lease (thica). Thicadars also ousted the aboriginals from their land. </li></ul>
  29. 29. Evolution of Tenure system in Jharkhand <ul><li>Under the British …… </li></ul><ul><li>1780: Ramgarh-Hill-Tract was established. Chotanagpur came under this administration. One officer (as Judge, Magistrate and Revenue Collector) was appointed to look after an area of 10,000 sq. miles. </li></ul><ul><li>1793: Permanent Settlement was introduced in Bengal and extended to Chotanagpur. Against the payment of a fixed sum, it gave the zamindars the lands from which they had till then collected the revenue. </li></ul>
  30. 30. Evolution of Tenure system in Jharkhand <ul><li>Under the British ….. </li></ul><ul><li>1806: Establishment of the zamindari police system. Maharaja and landlords were asked by the British to establish police station. The officers were brought from outside Chotanagpur. </li></ul><ul><li>The people continued to be dispossessed from their land. </li></ul><ul><li>The police system and courts were no means of getting justice. </li></ul>
  31. 31. Evolution of Tenure system in Jharkhand <ul><li>Under the British ….. </li></ul><ul><li>Consequences : </li></ul><ul><li>(of Jagirdari, zamindari, thecadari and zamindari police system): </li></ul><ul><li>Principle of Eminent Domain replaced the Community Ownership. </li></ul><ul><li>Breaking down of self-governance system. </li></ul><ul><li>Deprivation and dispossession of peasants from their land. </li></ul><ul><li>Burden of rent on the cultivator, servility, abandonment, migration, famine, etc. </li></ul>
  32. 32. Evolution of Tenure system in Jharkhand <ul><li>Under the British………..Consequences……. </li></ul><ul><li>People being subjected to doing bonded labour and bethbegari; compelled to pay various other taxes. </li></ul><ul><li>New aristocracy of money lenders and traders charging exorbitant rates of interest. </li></ul><ul><li>Gave way to various revolts from the tribals. </li></ul><ul><li>Land owners were reduced to simple cultivators. </li></ul><ul><li>Collapse of rural agriculture. </li></ul>
  33. 33. Evolution of Tenure system in Jharkhand <ul><li>Under the British…… </li></ul><ul><li>1831-31: Kol Insurrection: The reason being oppression, their women being subjected to indignity. </li></ul><ul><li>1833: Regulation XIII of 1833. South-Western Frontier Agency was created. </li></ul><ul><li>Chotanagpur became a non-regulation province. </li></ul><ul><li>Thomas Wilkinson’s was appointed as the First Agent in whom vested the civil, revenue and criminal administration of the area </li></ul>
  34. 34. Evolution of Tenure system in Jharkhand <ul><li>Under the British ….Regulation XIII of 1833… </li></ul><ul><li>The unwritten customary laws of the tribals were recognized. </li></ul><ul><li>Alienation of immovable property without the sanction of the Agent was prohibited. </li></ul><ul><li>Lohardaga was constituted as the centre of dispensing justice. </li></ul><ul><li>This was to provide the backward areas a more flexible form of administration. </li></ul>
  35. 35. <ul><li>Under the British …… </li></ul><ul><li>Misfortune of the tribals persisted </li></ul><ul><li>They continued to lose their land </li></ul><ul><li>Land disputes: settlement outside Court went against the peasants; they were subjected to payment of rents, bethbegari & other services…… </li></ul><ul><li>Land and rent disputes were brought to the court: but language was difficult; interpreters were biased; lack of land records and rent receipts went against the people; for lack of ready cash in hand people fell into the lures of moneylenders and deprivation resumed…. </li></ul>Evolution of Tenure system in Jharkhand
  36. 36. Evolution of Tenure system in Jharkhand <ul><li>Under the British…….. </li></ul><ul><li>1854: South Western Frontier Agency was replaced by Commissionership for the Chotanagpur Division under the Lieutenant Governor of Bengal. </li></ul><ul><li>April 15, 1858: Govt. appointed LAL LOKNATH SAHI, a local landlord and a sub-assistant commissioner to prepare a register of all Bhuinhari lands. He worked from August 1860 to August 1862 and died. Nothing substantial was achieved. </li></ul>
  37. 37. Evolution of Tenure system in Jharkhand <ul><li>Under the British …….. </li></ul><ul><li>1869: Chotanagpur Tenures Act, (Act II of 1869) was passed. Bhuinhari survey & settlement operations were conducted. Records of Rights were prepared. </li></ul><ul><li>The Chotanagpur Landlord and Tenant Procedure Act (Act I of 1879) was enacted to regulate the relationship of landlords and raiyats: </li></ul><ul><li>(e.g. enhancement of rents, arrear of rents, commutation of praedial services & conditions, etc. (bhuinhari, khuntkatti & korkar lands were protected from enhancement of rent). </li></ul>
  38. 38. Evolution of Tenure system in Jharkhand <ul><li>1903: Chotanagpur Tenancy (Amendment) Act of 1903: </li></ul><ul><li>Record of Rights of Khuntkatti tenancies were made. </li></ul><ul><li>Customary rights & privileges were confirmed. </li></ul><ul><li>Restrictions were imposed on transfer of land. </li></ul><ul><li>1902-1910: Survey & Settlement Operations </li></ul><ul><li>February 2, 1902: it was approved by the Government. </li></ul><ul><li>March 8, 1902: it began in Khunti & Tamar and was to extend to the rest of Chotanagpur. </li></ul>
  39. 39. Achievements of Survey & Settlement <ul><li>Survey & Settlement…. </li></ul><ul><li>Customary rights and privileges were confirmed . </li></ul><ul><li>Measures were taken to prevent their infringement in future. </li></ul><ul><li>The raiyats and landlords accepted the record of rights as being final. </li></ul><ul><li>The settlement of rent as a whole was very fair. </li></ul><ul><li>Praedial conditions & services (e,g. bethbegari) were disposed off. </li></ul>
  40. 40. Achievements of Survey & Settlement <ul><li>Survey & Settlement……… </li></ul><ul><li>The number of litigation concerning land disputes in courts diminished. </li></ul><ul><li>There was decrease in the number of criminal cases. </li></ul><ul><li>There were not many suits on the rates of rent. </li></ul><ul><li>Cases on land dispute were speedily settled by reference to the record of rights. </li></ul><ul><li>There was less harassment and less expense. </li></ul>
  41. 41. Different Types of Landholdings <ul><li>Lease Settlement : </li></ul><ul><li>In the town areas, the Government has settled Khas Mahal Land with the raiyats for :- </li></ul><ul><li>(a). Construction of houses: </li></ul><ul><li>Chhapparbandi </li></ul><ul><li>(b). Agricultural & horticultural purposes </li></ul><ul><li>(c). Commercial purposes </li></ul>
  42. 42. Different Types of Landholdings….. <ul><li>Kaiser-E-Hind Khata </li></ul><ul><li>Such land belonged to the British Crown. Now, it is directly under the Central Government and encroachment of any kind is penalized. </li></ul><ul><li>One can have Kaiser-E-Hind Khatian from the District Record Room. </li></ul>
  43. 43. Different Types of Landholdings….. <ul><li>Bakast, Zirat </li></ul><ul><li>That land which the landlord himself cultivates. Such lands were settled in the name of raiyats under written or oral lease agreement. </li></ul><ul><li>Occupancy right can not be acquired in such land. </li></ul><ul><li>Such land is also known as Manjihas or Bethkheta , under Chotanagpur Tenures Act, 1869 </li></ul>
  44. 44. Different Types of Landholdings….. <ul><li>Mortgage : </li></ul><ul><li>(a). Simple Mortgage – </li></ul><ul><li>Land is given as security for loans. Under Chotanagpur Tenancy Act, 1908, simple mortgage is allowed only for 5 years. </li></ul><ul><li>The mortgagee has to recover the principal amount and the interest due therein within the period of mortgage. </li></ul>
  45. 45. Different Types of Landholdings….. <ul><li>Mortgage </li></ul><ul><li>(b). Bhugutbandha Mortgage – </li></ul><ul><li>Usufructuary mortgage – mortgagee is permitted to enjoy the produce of the land - which is valid for 7 years only. After 7 years the mortgagor gets back the land without payment of any principal or interest. </li></ul><ul><li>All the mortgages are valid only on registration. </li></ul>
  46. 46. Different Types of Landholdings….. <ul><li>Khatiani Land :- </li></ul><ul><li>Khatians are records of rights pertaining to land. All the cultivators have been given khatians according to the nature of land they hold. </li></ul><ul><li>The record of rights have been prepared in the Cadastral Survey and Revisional Survey: </li></ul><ul><li>e.g. raiyati, under-raiyati, bakast/zirat, mundari-khuntkatti, bhuinhari, baigai, or pahnai, gorait, sarna, jaher, akhra, manjhithan, etc. </li></ul>
  47. 47. Different Types of Landholdings….. <ul><li>Land held by Original Settlers </li></ul><ul><li>(a). Bhuinhari </li></ul><ul><li>When barren or forest land were made cultivable by an Oraon or other tribal family and a village came into existence. It was marked as bhuinhari by the Bhuinhari Survey of 1869 and record of rights were prepared accordingly. </li></ul><ul><li>Under the Bihar Land Reforms Act, 1950, such lands have not vested in the Government. </li></ul>
  48. 48. Different Types of Landholdings….. <ul><li>Land held by Original Settlers </li></ul><ul><li>(b). Mundari Khuntkatti – </li></ul><ul><li>When barren and forest lands were made cultivable by a Munda family, eventually a village came into existence. This village was marked as a Mundari Khuntkatti village in 1903 and Khuntkatti record of rights were prepared. </li></ul><ul><li>Such lands have not vested in the government under the Bihar Land Reforms Act, 1950. </li></ul>
  49. 49. Different Types of Landholdings….. <ul><li>Korkar Land </li></ul><ul><li>When a gair-mazrua waste land normally along the rivers or streams is converted into a cultivable paddy field, it is known as Korkar land. </li></ul><ul><li>After three years, the concerned farmer can apply for assessment of rent. </li></ul><ul><li>The amount of rent will be determined by the revenue officials and parcha (record of rights) and rent receipts will be issued by them. </li></ul>
  50. 50. Different Types of Landholdings….. <ul><li>Pahnai </li></ul><ul><li>Pahnai or likewise communitarian land are known as ‘service tenures’. These lands are held under trust by the village headman, by whatever named called, for the collective use of the village. </li></ul><ul><li>Such lands are rent-free, inalienable and non-heritable. </li></ul><ul><li>They are differently known as ‘Dalikatari’, ‘Baigai’, ‘Mahtoi’, etc. </li></ul>
  51. 51. Different Types of Landholdings….. <ul><li>Gair-mazrua Khas Land </li></ul><ul><li>(a). Gair-mazrua malik or khas used to be settled in the name of raiyats by previous zamindars and rent was collected in respect of them. </li></ul><ul><li>When the zamindari system was abolished in 1950, government recognized such land as settled in the name of occupancy raiyats through the revenue office and parcha has been given to the occupants. </li></ul>
  52. 52. Different Types of Landholdings….. <ul><li>Gair-mazrua Khas Land………… </li></ul><ul><li>In recent times, the landless raiyats have been given such land through revenue offices and parcha (record of rights) also has been issued. </li></ul><ul><li>Gair-mazrua Aam Land </li></ul><ul><li>Land in which the public has a right: the road, river, tank, govt. canal, funeral place, burial ground, Hargari, Sasandiri, Masna, Sarna, Jaher, Akhra, jhkhra-patra, jungle, jhari, Deshwali, Deosthan, Mandir, Masjid, Girja, etc. </li></ul>
  53. 53. Different Types of Landholdings….. <ul><li>Istafa </li></ul><ul><li>A raiyat not bound by lease or other agreement for a fixed period could surrender his holding to the then landlord at the end of any agricultural year. </li></ul><ul><li>The same land could be legally settled in the name of another raiyat by the then landlord. </li></ul><ul><li>Since 5 th of January, 1948, Istafa can be done only with the previous sanction of the DC in writing. </li></ul>
  54. 54. Different Types of Landholdings….. <ul><li>Abandonment of a Holding (Fautfirari) </li></ul><ul><li>If a raiyat deserted his holding and went somewhere, neither cultivated nor paid rent, the landlord could after giving notice to the Deputy Commissioner of such abandonment, and after obtaining his permission can enter upon the holding and settle it in the name of another raiyat or cultivate himself. </li></ul><ul><li>The fact of abandonment has to be certified by the concerned Deputy Commissioner. </li></ul>
  55. 55. Different Types of Landholdings….. <ul><li>Exchange </li></ul><ul><li>Exchange of land between raiyats is permitted as per the law and the Exchange has to be registered. </li></ul><ul><li>Since 1947, exchange can be done only with the prior sanction of the Deputy Commissioner in case of ST to ST transfer, and since 1955 in case of SC to SC and BC to BC transfer. </li></ul>
  56. 56. Different Types of Landholdings….. <ul><li>Settlement of holding which has been sold by the Court (Nilami) – </li></ul><ul><li>Land except Bhuinhari or Mundari Khuntkatti may be sold summarily by the decree of the Court for the recovery of an arrear of rent or for the recovery of public loans mabe by the Government or Banks. </li></ul><ul><li>The purchaser by way of auction is given the possession of land thus sold. </li></ul>
  57. 57. Different Types of Landholdings….. <ul><li>Land received from Bihar Bhoodan Yagya Committee – </li></ul><ul><li>Land donated by raiyats and zamindars to the Bhoodan Yagya Committee and the land thus received by the Committee is distributed among the landless raiyats. </li></ul><ul><li>The land belongs to the Bhoodan Yagya Committee, but the settler can use the land and get the rent fixed within 3 years of allotment. </li></ul>
  58. 58. Different Types of Landholdings….. <ul><li>Bhu-Wapsi (land restoration) </li></ul><ul><li>In cases where land belonging to a scheduled tribe has been illegally or fraudulently transferred to anybody, it can be restored by the order of the Deputy Commissioner under Section 71-A of the Chotanagpur Tenancy Act, 1908. </li></ul><ul><li>In the Scheduled Areas, the period of limitation for restoration is 30 years and in the non-Scheduled Areas, it is 12 years. </li></ul>
  59. 59. Different Types of Landholdings….. <ul><li>Mokarrari Patta (Permanent Lease): </li></ul><ul><li>The right over the property settled in this manner is permanent. The rent can not be changed. This is heritable and transferable by sale. </li></ul><ul><li>Uttakkar Land : </li></ul><ul><li>Given by the zamindar orally and the raiyat in possession is assessed for rent. </li></ul><ul><li>Government land : </li></ul><ul><li>Government land for office, forest, roads, government services, etc. </li></ul>
  60. 60. Chotanagpur Tenancy Act <ul><li>Important Provisions: </li></ul><ul><li>(1) S.46: Restrictions on transfer of land: </li></ul><ul><li>(a) ST to ST transfer – with the permission </li></ul><ul><li>of the Deputy Commissioner – Sellers </li></ul><ul><li>& purchsers should be residing </li></ul><ul><li>within the same Police Station. </li></ul><ul><li>(b) SC/BC to SC/BC transfer – with the permission of the Deputy Commissioner – Sellers & Purchasers should be residing within the same District. </li></ul>
  61. 61. Chotanagpur Tenancy Act <ul><li>Important Provisions……… </li></ul><ul><li>(c) Non ST/SC/BC can transfer their land to any </li></ul><ul><li>other person without any permission. </li></ul><ul><li>(d) Transfer against the provisions of S. 46 can </li></ul><ul><li>not be registered or considered valid by any </li></ul><ul><li>court. </li></ul><ul><li>(e) Deputy Commissioner is a necessary party to </li></ul><ul><li>any civil suit relating to any holding in which </li></ul><ul><li>one of the parties is ST. </li></ul>
  62. 62. Chotanagpur Tenancy Act <ul><li>Important Provisions ……… </li></ul><ul><li>(a) Simple mortgage or lease for 5 years : </li></ul><ul><li>the mortgager can apply for restoration of </li></ul><ul><li>possession within 3 years of the lapse of the </li></ul><ul><li>mortgage period. </li></ul><ul><li>(b) Illegal transfer: ST can apply for annulment of </li></ul><ul><li>transfer within a period of 12 years. </li></ul><ul><li>(i) Building & Structure can be ordered to be </li></ul><ul><li>removed within 6 months/2 years. </li></ul>
  63. 63. Chotanagpur Tenancy Act <ul><li>Important Provisions…………. </li></ul><ul><li>(ii) Substantial Structure or building (= of more </li></ul><ul><li>exceeding Rs. 5,000/-) made before 1969: </li></ul><ul><li>can be validated if the transferee, </li></ul><ul><li>* makes available an alternative piece of </li></ul><ul><li>land of equivalent value in the vicinity. </li></ul><ul><li>* pays to the transferee adequate </li></ul><ul><li>compensation to be determined by the </li></ul><ul><li>Deputy Commissioner. </li></ul>
  64. 64. Chotanagpur Tenancy Act <ul><li>Important Provisions…….. </li></ul><ul><li>(2) S. 47: A raiyat’s right in his holding can not be sold by the order of the court or by for the execution of a decree or order of the court, </li></ul><ul><li>Except – </li></ul><ul><li>(a) for recovery of arrears of rent, and </li></ul><ul><li>(b) for recovery of loan </li></ul>
  65. 65. Chotanagpur Tenancy Act <ul><li>Important Provisions……. </li></ul><ul><li>(3) A Bhuinhari family may transfer its holding or any portion thereof in the manner and to the extent one ST may transfer his right in his holding U/S 46. </li></ul><ul><li>In case of transfer by lease, the lessee shall not acquire the occupancy right. </li></ul>
  66. 66. Chotanagpur Tenancy Act <ul><li>Important Provisions……… </li></ul><ul><li>(4) S. 48 – A : Bhuinhari Tenure can not be sold by the order of the court or for the execution of any order or decree by the court. </li></ul><ul><li>The order for the recovery of arrears of rent may be executed by the attachment and sale of the produce of the land concerned. </li></ul>
  67. 67. Chotanagpur Tenancy Act <ul><li>Important Provisions ……… </li></ul><ul><li>(5) S. 49 : An occupancy raiyat or any member of a Bhuinhari family may transfer his holding or tenure for industrial and mining purposes. </li></ul><ul><li>(a) Transferee shall not use such land for any other purpose except for which it was transferred. </li></ul><ul><li>(b) Written consent of the Deputy Commissioner is required to the transfer and to the terms of the Deed. </li></ul>
  68. 68. Chotanagpur Tenancy Act <ul><li>Important provisions………. </li></ul><ul><li>(6) Section 50 – Government may acquire land for charitable, religious and educational purposes or for manufacture or irrigation. </li></ul><ul><li>Deputy Commissioner should authorize such transfer. </li></ul><ul><li>Terms of the transfer and the amount of compensation should be approved by the DC. </li></ul><ul><li>Compensation is decided in respect of damage, quality of land , market value of the land, trees, wells, houses, etc. </li></ul>
  69. 69. Chotanagpur Tenancy Act <ul><li>Important provisions………. </li></ul><ul><li>(7) Section 67 – Settlement of waste land belonging to the State Government is made by ‘patta’ or ‘amalnama’. </li></ul><ul><li>Patta or amalnama shall be prepared in duplicate. </li></ul><ul><li>One copy shall be given to the raiyat and another for the DC of the District. </li></ul>
  70. 70. Chotanagpur Tenancy Act <ul><li>Important provisions………. </li></ul><ul><li>(8) Sections 64-67 – Conversion of land into Korkar </li></ul><ul><li>It is made with the permission of the DC. </li></ul><ul><li>There is also a custom of making it without the permission of the DC (as per the record of rights) </li></ul><ul><li>Orchard, cultivated and homestead land can not be converted into Korkar. </li></ul><ul><li>A raiyat can have right of occupancy. </li></ul><ul><li>Assessment of rent after 4 years of cultivation. </li></ul>
  71. 71. Chotanagpur Tenancy Act <ul><li>Some important provisions ……….. </li></ul><ul><li>(9) Section 71 – A </li></ul><ul><li>Where ST land is transferred in violation of the provisions of Sections 46, 49, 240 or by fraudulent methods and means, such land by the order of the DC can be restored to the transferor or his heir. </li></ul><ul><li>If the transferor or heir is not available, to any other raiyat belonging to the Scheduled Tribe. </li></ul><ul><li>Period of limitation id 30 years. </li></ul>
  72. 72. Chotanagpur Tenancy Act <ul><li>Some important provisions………….. </li></ul><ul><li>(9) Section 71-A …… </li></ul><ul><li>In case of substantial structure prior to 1969: </li></ul><ul><li>such transfer can be validated if the transferee makes available: </li></ul><ul><li>an alternative plot of land of equal value in the vicinity or </li></ul><ul><li>pays adequate compensation fixed by DC. </li></ul>
  73. 73. Chotanagpur Tenancy Act <ul><li>Some important provisions …………. </li></ul><ul><li>(10) Section 76 & 77 </li></ul><ul><li>Saving of Custom </li></ul><ul><li>The custom or usage wherever it exists will not be affected by this Act provided it is not inconsistent with the provisions of this Act or not abolished by this Act. </li></ul><ul><li>Sections 80 – 100 </li></ul><ul><li>Preparation of Record of Rights </li></ul>
  74. 74. Chotanagpur Tenancy Act <ul><li>Some important provisions……. </li></ul><ul><li>(11) Section 240 – Mundari Khuntkatti Tenancy </li></ul><ul><li>(a) It is non-transferable. </li></ul><ul><li>(b) It can not be sold in execution of a decree or </li></ul><ul><li>by order of the Court. </li></ul><ul><li>(c) Its produce can be attached for the liquidation </li></ul><ul><li>of a debt. </li></ul><ul><li>(d) MKK can transfer his right in his tenancy for </li></ul><ul><li>raising loan for agricultural purposes to a </li></ul><ul><li>cooperative society or bank. </li></ul>
  75. 75. Chotanagpur Tenancy Act <ul><li>Some important provisions ……. </li></ul><ul><li>Section 240 (MKK) …….. </li></ul><ul><li>(d) Lease - Mukrrari Lease (permanent lease) can be granted to a Mundari or group of Mundaris for agricultural purposes only. </li></ul><ul><li>(e) Bughut Bandha Mortgage or Mokrrari Lease is possible only through the prior consent of the Mundari Kuntkattidar. </li></ul>
  76. 76. Chotanagpur Tenancy Act <ul><li>Some important provisions ……. </li></ul><ul><li>(12) Section 241: Transfer of MKK Tenancies </li></ul><ul><li>(a) Transfer can take place for the reasonable </li></ul><ul><li>and sufficient purposes. </li></ul><ul><li>(b) For charitable, educational and religious </li></ul><ul><li>purposes. </li></ul><ul><li>(c) For manufacture or irrigation </li></ul><ul><li>(d) Written consent of the DC is required on the </li></ul><ul><li>transfer and the terms of the Deed. </li></ul>
  77. 77. Survey and Settlement <ul><li>Survey and Settlement operations have been conducted in Chotanagpur since 1902 </li></ul><ul><li>Glossary of Terms </li></ul><ul><li>Bujharat </li></ul><ul><li>Explanation of the contents of the record of rights before attestation. </li></ul><ul><li>Fard Abpash </li></ul><ul><li>Irrigation record in which the right and obligation of each tenant or landlord is entered in respect of use of water for agricultural purposes. </li></ul>
  78. 78. Survey and Settlement <ul><li>Glossary of Terms…………. </li></ul><ul><li>Fard Badar </li></ul><ul><li>a list of makes found and corrected. </li></ul><ul><li>Fard Hawala </li></ul><ul><li>a list of the livestock of the village. </li></ul><ul><li>Fard Tanaja </li></ul><ul><li>a list of disputes containing details. </li></ul><ul><li>Jinswar/Jiniswar </li></ul><ul><li>the statement concerning crops. </li></ul>
  79. 79. Objectives of Survey Operations <ul><li>To provide with an authoritative statement of the extent and legal conditions of any land. </li></ul><ul><li>To put an end to uncertainty of individual rights which promotes disputes. </li></ul><ul><li>To protect raiyats </li></ul><ul><li>To improve local knowledge. </li></ul><ul><li>To provide govt. officials with statistics, rules and data for efficient administration. </li></ul>
  80. 80. Different Stages of Survey <ul><li>Kistwar (Cadastral Survey) </li></ul><ul><li>Khanapuri </li></ul><ul><li>Bujharat and Tasdik (Attestation and Verification) </li></ul><ul><li>Draft Publication </li></ul><ul><li>Final Publication </li></ul>
  81. 81. Different Stages of Survey <ul><li>Kistwar (Cadastral Survey) </li></ul><ul><li>Map is the basis of all the documents related to land rights. </li></ul><ul><li>The purpose of preparing map is to show correctly the position of a village and all the fields falling within that village. </li></ul><ul><li>This is known as Kistwar </li></ul>
  82. 82. Different Stages of Survey <ul><li>Kistwar can be further divided into four parts: </li></ul><ul><li>(a) Survey, determination of the village </li></ul><ul><li>boundary. </li></ul><ul><li>(b) Division of land in Murrabas. </li></ul><ul><li>© Marking out the different plots with </li></ul><ul><li>their exact curves and embankments. </li></ul><ul><li>(d) Approval of Map by Assistant </li></ul><ul><li>Settlement officer (A.S.O.) </li></ul>
  83. 83. Different Stages of Survey <ul><li>Khanapuri </li></ul><ul><li>It be consists of the preparation of the preliminary record of rights of all the plots. </li></ul><ul><li>(a) Kursinama (genealogical table) is </li></ul><ul><li>prepared of all the raiyats and is signed </li></ul><ul><li>by all the khatadars. </li></ul><ul><li>(b) Numbering of the plots takes place. </li></ul><ul><li>© In case of disputes/doubts a yaddast </li></ul><ul><li>(dispute list) is prepared which is settled </li></ul><ul><li>later by the order of the A.S.O. </li></ul>
  84. 84. Different Stages of Survey <ul><li>Khanapuri </li></ul><ul><li>(d) Statistical Information is prepared </li></ul><ul><li>Crops </li></ul><ul><li>Irrigation </li></ul><ul><li>Extent of cultivation </li></ul><ul><li>Agricultural stock </li></ul><ul><li>(e) Khewats & Khatians are prepared. </li></ul><ul><li>(f) Records are sent to the Headquarters </li></ul><ul><li>for scrutiny and correction. </li></ul>
  85. 85. Different Stages of Survey <ul><li>Bujharat & Tasdik (Verification & Attestation) </li></ul><ul><li>A camp is organized for the purpose : for an area of 80 – 100 sq. miles ( or for 75000 or 1,00,000 plots) </li></ul><ul><li>Area Slips are distributed. </li></ul><ul><li>Parchas are distributed well in advance. </li></ul><ul><li>Mistake List and Dispute List are prepared for further hearing and ensuing orders. </li></ul>
  86. 86. Different Stages of Survey <ul><li>Bujharat & Tasdik (Verification & Attestation) </li></ul><ul><li>Parcha is corrected and given back to the raiyat. </li></ul><ul><li>Khatian Part II is preapared. </li></ul><ul><li>Pradhani Hakuknama is prepared. </li></ul><ul><li>Village Note is prepared. </li></ul>
  87. 87. Different Stages of Survey <ul><li>Draft Publication </li></ul><ul><li>Within a fortnight of the attestation, a draft publication id read out before the public. </li></ul><ul><li>Draft Publication of the record of rights is kept for public scrutiny free of charge for a month. </li></ul><ul><li>Objections can be filed under Section 83 (1) of CNT Act. </li></ul>
  88. 88. Different Stages of Survey <ul><li>Draft Publication </li></ul><ul><li>Objections are collected and corrected. </li></ul><ul><li>Even after the orders have been passed in respects of the objections, a raiyat can file an application for revision U/s 89. </li></ul><ul><li>Record of Rights are sent back again to the safai section) for fair copying. </li></ul>
  89. 89. Different Stages of Survey <ul><li>Final Publication </li></ul><ul><li>Finally published records are kept for inspection for a month free of charge. </li></ul><ul><li>Recovery camp starts and settlement costs are realized. </li></ul><ul><li>Final copies of the record of rights are distributed among the raiyats. </li></ul>
  90. 90. Different Stages of Survey <ul><li>Final Publication </li></ul><ul><li>Irrigation records and Khatian Part II are given to the Village Headmen. </li></ul><ul><li>After three months from the date of final publication, aggrieved raiyats can file suits for further decisions under Section 87 of the CNT Act, 1908. </li></ul>
  91. 91. Survey and Settlement <ul><li>Glossary of Terms ………… </li></ul><ul><li>Khatian </li></ul><ul><li>Contains details about each tenancy showing the name, parentage, residence, status and caste/tribe of the tenant. </li></ul><ul><li>Khatian Part II </li></ul><ul><li>Contains the details customary rights of tenants in enjoying the forest produce, rights of grazing cattle. </li></ul><ul><li>This is confined to agricultural tenants. </li></ul>
  92. 92. Survey and Settlement <ul><li>Glossary of Terms ………. </li></ul><ul><li>Khewat </li></ul><ul><li>Record of rights of proprietors and tenure holders in each village. </li></ul><ul><li>Kistwar </li></ul><ul><li>Cadastral Survey </li></ul><ul><li>Kursinamah </li></ul><ul><li>Genealogical table </li></ul>
  93. 93. Survey and Settlement <ul><li>Glossary of Terms………. </li></ul><ul><li>Murraba </li></ul><ul><li>Land is divided into murrabas for the convenience of measurement. (1 murraba = 10-14 zerib = 1 zerib = 100 karis = 66 ft .) </li></ul><ul><li>Parcha </li></ul><ul><li>A duplicate of the preliminary khatian prepared at Khanapuri . </li></ul><ul><li>Safai </li></ul><ul><li>Fair copying of the record of rights. </li></ul>