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Agrarian laws (Jharkhand) presentation

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Page 1: Agrarian laws (Jharkhand) presentation
Page 2: Agrarian laws (Jharkhand) presentation

CONTENTSCONTENTS1.1. Land, agriculture and SocietyLand, agriculture and Society

2.2. Custom, Law and JurisprudenceCustom, Law and Jurisprudence

3. The Law of Tenancy, Survey, Settlement 3. The Law of Tenancy, Survey, Settlement and the Record of Rightsand the Record of Rights

4.4. Communitarian Agrarian Relations and Communitarian Agrarian Relations and the Schedule Areas under the the Schedule Areas under the Constitution of IndiaConstitution of India

5.5. Land, Forest and Human Rights in IndiaLand, Forest and Human Rights in India

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CONTENTSCONTENTS6.6. Land Reforms, Wasteland Development and Land Reforms, Wasteland Development and

the Lawthe Law

……………………………………………………………………………………………………………………

Total area of land in Jharkhand is 79,714 sq. Total area of land in Jharkhand is 79,714 sq.

kms. which constitutes 2.4 % of the total area kms. which constitutes 2.4 % of the total area

of the country. Total Population of the State is of the country. Total Population of the State is

2,69,09,428 at the rate of 388 per sq. kms.2,69,09,428 at the rate of 388 per sq. kms.

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Land, Agriculture and SocietyLand, Agriculture and Society

“ “ Our land is more valuable than your money. It will last Our land is more valuable than your money. It will last

forever. It will not perish even by the flames of fire. As forever. It will not perish even by the flames of fire. As

long as the Sun shines and water flows, this land will long as the Sun shines and water flows, this land will

be here to give life, to human beings and animals. We be here to give life, to human beings and animals. We

can not sell the lives of people and animals; therefore, can not sell the lives of people and animals; therefore,

we cannot sell this land. It was put here by Great Spirit we cannot sell this land. It was put here by Great Spirit

and we can not sell it because it does not belong to and we can not sell it because it does not belong to

us.”us.”

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Land, Agriculture and SocietyLand, Agriculture and Society

and again………and again………

“ “ You can count your money and burn it within the nod You can count your money and burn it within the nod

of a buffalo’s head, but only the Great Spirit can of a buffalo’s head, but only the Great Spirit can

count the grain of sand and the blades of grass of count the grain of sand and the blades of grass of

these plains. As a present to you we will give you these plains. As a present to you we will give you

anything we have that you can take with you; but the anything we have that you can take with you; but the

land never.”land never.”

Blackfoot ChiefBlackfoot Chief

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Land, Agriculture and SocietyLand, Agriculture and Society

Land:Land: means means

“ “Land which is used or capable of being used for Land which is used or capable of being used for

agriculture or horticulture and includes land which agriculture or horticulture and includes land which

is an orchard or pasturage or forest land or even is an orchard or pasturage or forest land or even

land perennially submerged under water or the land perennially submerged under water or the

homestead of the landholder.”homestead of the landholder.”

HomesteadHomestead: means a dwelling house with courtyard, : means a dwelling house with courtyard,

compound, garden, orchard, out-building, tank, compound, garden, orchard, out-building, tank,

library, place of worship appertaining to such library, place of worship appertaining to such

dwelling house.dwelling house.(Bihar Land Ceiling Manual, by S.P. Singh)(Bihar Land Ceiling Manual, by S.P. Singh)

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Land, Agriculture and SocietyLand, Agriculture and Society

Different Concepts of LandDifferent Concepts of Land

European Concept:European Concept: Map correlating to a piece of the Earth.Map correlating to a piece of the Earth.

African Concept:African Concept: A contiguous topography over which a clan A contiguous topography over which a clan

moves on their shifting cultivation.moves on their shifting cultivation.

Right to a farm or right to farmRight to a farm or right to farm

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Land, Agriculture and SocietyLand, Agriculture and Society

Concepts of land……..Concepts of land……..

Indian Concept:Indian Concept:

Fair Share: To each one as per the need.Fair Share: To each one as per the need.

Tribal Concept: Tribal Concept:

Land is God’s gift. We hold it in trust for him. Land is God’s gift. We hold it in trust for him. Therefore, it can not be sold or alienated.Therefore, it can not be sold or alienated.

Principal of Eminent Domain:Principal of Eminent Domain:

The land and all that is there within the kingdom The land and all that is there within the kingdom belongs to the king because he is the Lord belongs to the king because he is the Lord Paramount of the soil.Paramount of the soil.

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Land, Agriculture and SocietyLand, Agriculture and Society

Differences between Indian and European Differences between Indian and European perception of land:perception of land:

1.1. European: Land is an area to be farmed or European: Land is an area to be farmed or owned (a sum total of natural resources)owned (a sum total of natural resources)

Indian: It is an aspect of ruler-ship, vested either Indian: It is an aspect of ruler-ship, vested either in the Raja or Body Corporate of in the Raja or Body Corporate of BhaicharaBhaichara of a of a Village.Village.

2.2. Land for Power and Money:Land for Power and Money: Most Most EnglishmenEnglishmen are for power than for are for power than for moneymoney

whereas most whereas most IndiansIndians are ready to trade in are ready to trade in goods and money for goods and money for powerpower. .

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Land, Agriculture and SocietyLand, Agriculture and Society

3. 3. Estate and Estate and Mahaal Mahaal (village):(village):

Estate is a unit of land management for the Estate is a unit of land management for the

Europeans and Mahaal (village, family, caste) isEuropeans and Mahaal (village, family, caste) is

a unit of land management for the Indians.a unit of land management for the Indians.

4. Managing Property 4. Managing Property versus versus Managing People:Managing People:

To Europeans, it was the development and To Europeans, it was the development and improvement of farming which mattered; whereas improvement of farming which mattered; whereas to the Indians, it was the increasing of the number to the Indians, it was the increasing of the number of allies and followers (as the number is important of allies and followers (as the number is important from the point of view of power) which mattered.from the point of view of power) which mattered.

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Land, Agriculture and SocietyLand, Agriculture and Society

5. Entrepreneurship:5. Entrepreneurship:Europeans looked for entrepreneurship in all Europeans looked for entrepreneurship in all areas of life; whereas Indians were not areas of life; whereas Indians were not concerned about it so much.concerned about it so much.

6. Investment:6. Investment: Land, labour and capital were invested for profit Land, labour and capital were invested for profit which reduced the number of working hands; for which reduced the number of working hands; for Indians as far as the management of village Indians as far as the management of village polity and farming operations were concerned, polity and farming operations were concerned, they were supposed to produce more farm they were supposed to produce more farm hands.hands.

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Land, Agriculture and SocietyLand, Agriculture and Society

7. Objective:7. Objective: Objective of Objective of estateestate was was productivity, profit and productivity, profit and efficiencyefficiency; whereas the objective of ; whereas the objective of mahaalmahaal was was village or clientele.village or clientele.

Land was an element of village polity.Land was an element of village polity.

Land was an element of Social Control: Land was an element of Social Control:

(a person who held more land, had also the (a person who held more land, had also the control of the Society.)control of the Society.)

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

In Jharkhand the tenancy system was in a In Jharkhand the tenancy system was in a primitive form and was governed by the local primitive form and was governed by the local custom and usages.custom and usages.

Three theories of migration:Three theories of migration:

a). Tribals – North-West – Indus Valley at a). Tribals – North-West – Indus Valley at Mohejodaro & Harrappa – Aryan invasion – Mohejodaro & Harrappa – Aryan invasion – through Gangetic plains – Rohtasgarh – chased through Gangetic plains – Rohtasgarh – chased away from there and settled in Jharkhand.away from there and settled in Jharkhand.

b). Tribals – West – crossed over the Himalayas – b). Tribals – West – crossed over the Himalayas – to the North East of India – returned to Jharkhand to the North East of India – returned to Jharkhand through north-eastern-tract.through north-eastern-tract.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

c). Tribals – West – and entered India through the c). Tribals – West – and entered India through the North-West – went down the Western Ghats of North-West – went down the Western Ghats of India to South India - and then moved towards India to South India - and then moved towards North – and settled in Jharkhand.North – and settled in Jharkhand.

All the three theories have one thing in common: All the three theories have one thing in common: Original settlers of Jharkhand are the tribals Original settlers of Jharkhand are the tribals

(= aboriginals).(= aboriginals).

Mundas (including Santhals, Hos, Asurs, Kharias, Mundas (including Santhals, Hos, Asurs, Kharias, etc.) were the first ones to come followed by etc.) were the first ones to come followed by Oraons. Oraons.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Sasandiris (burial stones of the Mundas) are found Sasandiris (burial stones of the Mundas) are found all over Jharkhand which shows that they were the all over Jharkhand which shows that they were the earliest settlers of Jharkhand.earliest settlers of Jharkhand.

The early settlers – cleared the forest – made The early settlers – cleared the forest – made cultivable lands- established individual villages.cultivable lands- established individual villages.

Munda (village head) was the custodian of all that Munda (village head) was the custodian of all that was there in the village including land and forest.was there in the village including land and forest.

Munda distributed land to individual families Munda distributed land to individual families according to the need for livelihood.according to the need for livelihood.

He also gave land to blacksmiths, potters, He also gave land to blacksmiths, potters, weavers, etc. known as “service tenure”.weavers, etc. known as “service tenure”.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Village assets became limited – because Village assets became limited – because

population increased – villagers looked for population increased – villagers looked for

alternative sights in nearby forests – number alternative sights in nearby forests – number

of villages multiplied – which necessitated of villages multiplied – which necessitated

reclamation of forest tracts for human reclamation of forest tracts for human

settlement and cultivation.settlement and cultivation.

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Establishment of Dynasty in JharkhandEstablishment of Dynasty in Jharkhand

Villages had their own administrative systemVillages had their own administrative system Tribe Village Gp. of Villages AreaTribe Village Gp. of Villages Area

Oraons Mahato/ Parha Raja Raji Parha RajaOraons Mahato/ Parha Raja Raji Parha Raja

PradhanPradhan

Mundas Munda Manki Munda Dishum RajaMundas Munda Manki Munda Dishum Raja

Kharias Sohor Doklo: Sohor Maha Doklo: SohorKharias Sohor Doklo: Sohor Maha Doklo: Sohor

Santhals Manjhi Santhals Manjhi

Haram Desh Manjhi Dishum ParganaitHaram Desh Manjhi Dishum Parganait

Hos Munda Manki Munda Manki SanghHos Munda Manki Munda Manki Sangh

Cheros Pradhan Seema Chatta Chero ChattaCheros Pradhan Seema Chatta Chero Chatta

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Mundas, Mankis and Parha Chiefs slowly felt the Mundas, Mankis and Parha Chiefs slowly felt the need of coordination among themselves – as well as need of coordination among themselves – as well as the need for centralized authority to protect them the need for centralized authority to protect them against invasions.against invasions.

Hence, they elected for themselves a Hence, they elected for themselves a Khukhra ChiefKhukhra Chief – who called himself a ‘Raja’ because of outside – who called himself a ‘Raja’ because of outside influence.influence.

Madra Munda (influential Manki) called for a meeting Madra Munda (influential Manki) called for a meeting of all the Mankis and Parha Chiefs at of all the Mankis and Parha Chiefs at SutiambeSutiambe to to elect a Raja.elect a Raja.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

PHANI MUKUT RAI, the foster son of Madra PHANI MUKUT RAI, the foster son of Madra Munda was elected as the first Raja of Munda was elected as the first Raja of Chotanagpur (Jharkhand).Chotanagpur (Jharkhand).

Phani Mukut Rai’s dynasty is known as Phani Mukut Rai’s dynasty is known as Nagbanshi Nagbanshi dynasty.dynasty.

Nagabanshi Rule was established in Chotanagpur Nagabanshi Rule was established in Chotanagpur around 13around 13thth century, A.D. century, A.D.

Munda, Manki, Parha Rajas had their own realm Munda, Manki, Parha Rajas had their own realm of authority which Raja could not encroach upon.of authority which Raja could not encroach upon.

Land was a Community property – proprietary Land was a Community property – proprietary right vested in the community.right vested in the community.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

The invasion by the Aryans, Persians, Turks, The invasion by the Aryans, Persians, Turks,

Afghans, Moghuls, Marathas, etc. pushed Afghans, Moghuls, Marathas, etc. pushed

the tribals more into the interior of jungles the tribals more into the interior of jungles

where they developed their own language, where they developed their own language,

culture and religion.culture and religion.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the Moghuls:Under the Moghuls:

1585: MADHU SINGH, Raja of Khukhra was 1585: MADHU SINGH, Raja of Khukhra was subdued by SHAHBAZ KHAN KHAMBHU (King subdued by SHAHBAZ KHAN KHAMBHU (King Akbar’s Governor of Bihar) and made Jharkhand a Akbar’s Governor of Bihar) and made Jharkhand a tributary of the Moghuls.tributary of the Moghuls.

In order to raise money to pay the tribute, Raja In order to raise money to pay the tribute, Raja made the periodical ‘chanda’ of the Village Chief made the periodical ‘chanda’ of the Village Chief into a regular payment.into a regular payment.

Raja defaulted in payment because collection of Raja defaulted in payment because collection of tribute from the people became difficult.tribute from the people became difficult.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the Moghuls………. Under the Moghuls……….

DURJAN SAL succeeded RAJA MADHU SINGH.DURJAN SAL succeeded RAJA MADHU SINGH.

He also failed in paying the tribute to the Emperor.He also failed in paying the tribute to the Emperor.

1616: IBRAHIM KHAN FATEH JUNG was sent to 1616: IBRAHIM KHAN FATEH JUNG was sent to Jharkhand by JEHANGIR (Akbar’s son).Jharkhand by JEHANGIR (Akbar’s son).

He defeated Durjan Sal took him to GWALIOR as He defeated Durjan Sal took him to GWALIOR as a prisoner.a prisoner.

Durjan Sal spent 12 years in prison and was Durjan Sal spent 12 years in prison and was released because of his expertise in testing released because of his expertise in testing diamonds.diamonds.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the Moghuls…….. Under the Moghuls……..

DURJAN SAL was given back his kingdom at an DURJAN SAL was given back his kingdom at an annual tribute of Rs. 6,000/- only.annual tribute of Rs. 6,000/- only.

While in custody, he was dazzled by the pomp & While in custody, he was dazzled by the pomp & grandeur of the Moghul Court.grandeur of the Moghul Court.

His contacts with the Hindu Kings outside and His contacts with the Hindu Kings outside and inside gave him new ideas of royalty.inside gave him new ideas of royalty.

He built for him a palace at DOENSA (Sisai, He built for him a palace at DOENSA (Sisai, Gumla).Gumla).

He enhanced the Court Officials accordingly.He enhanced the Court Officials accordingly.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the Moghuls…………Under the Moghuls…………

Enhancement of the Court Officials involved Enhancement of the Court Officials involved enormous expenditure.enormous expenditure.

‘‘Chanda’ from the villages was not enough to bear Chanda’ from the villages was not enough to bear the burden of expenditure.the burden of expenditure.

He handed over his customary rights of ‘chanda’ He handed over his customary rights of ‘chanda’ from village Chiefs in favour of his Officials.from village Chiefs in favour of his Officials.

They were known as ‘JAGIRS’ (service tenures) They were known as ‘JAGIRS’ (service tenures) and ‘JAGIRDARI SYSTEM’ was introduced.and ‘JAGIRDARI SYSTEM’ was introduced.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the Moghuls…..Under the Moghuls…..

To maintain the family members of Raja, some To maintain the family members of Raja, some tribal villages were given as ‘KHORPOSH’ tribal villages were given as ‘KHORPOSH’ (maintenance grant).(maintenance grant).

In making service grants, Raja meant no more than In making service grants, Raja meant no more than to relinquish his claims to the supplies in favour of to relinquish his claims to the supplies in favour of Jagirdars.Jagirdars.

The Jagirdars made it look that, Raja had The Jagirdars made it look that, Raja had transferred his absolute proprietary rights.transferred his absolute proprietary rights.

LANDLORDISM thus entered in Jharkhand.LANDLORDISM thus entered in Jharkhand.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the Moghuls…..Under the Moghuls…..

Jagirdars appropriated the villages for themselves Jagirdars appropriated the villages for themselves as if these lands had been donated to them.as if these lands had been donated to them.

They introduced rent in cash and kind, levies or They introduced rent in cash and kind, levies or cesses (abwabs) of various sorts.cesses (abwabs) of various sorts.

The ‘Principle of Eminent Domain’ became the The ‘Principle of Eminent Domain’ became the rule of the day which was against the Community rule of the day which was against the Community Ownership and Use of land and forest.Ownership and Use of land and forest.

The tribals, the original landlords of the place were The tribals, the original landlords of the place were reduced to tenants, cultivators pure and simple.reduced to tenants, cultivators pure and simple.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the British:Under the British:

1765: Shah Alam II, gave the ‘Diwani’ (revenue 1765: Shah Alam II, gave the ‘Diwani’ (revenue administration) of Bihar, Bengal and Orissa as a administration) of Bihar, Bengal and Orissa as a reward for the services rendered by the British reward for the services rendered by the British Army against the local kings.Army against the local kings.

East India Company was a trading company was East India Company was a trading company was primarily interested in the revenue collection and primarily interested in the revenue collection and not really in the welfare of the people.not really in the welfare of the people.

British regarded the revenue collectors British regarded the revenue collectors (zamindars) as landlords and aboriginals (zamindars) as landlords and aboriginals continued to lose their land.continued to lose their land.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the British………Under the British………British were used to the system of ‘private British were used to the system of ‘private property’ and worked on that pre-supposition. property’ and worked on that pre-supposition. They failed to see that the aboriginals had their They failed to see that the aboriginals had their own land system different from that of landlordism.own land system different from that of landlordism.

1822: Jharkhand had a very young Raja of 19 1822: Jharkhand had a very young Raja of 19 years (RAJA JAGARNATH SAHI DEO) who years (RAJA JAGARNATH SAHI DEO) who bought valuable clothes from the foreign traders. bought valuable clothes from the foreign traders. He could not pay and incurred a heavy debt.He could not pay and incurred a heavy debt.

He granted them villages on temporary lease He granted them villages on temporary lease (thica). Thicadars also ousted the aboriginals from (thica). Thicadars also ousted the aboriginals from their land.their land.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the British ……Under the British ……

1780: Ramgarh-Hill-Tract was established. 1780: Ramgarh-Hill-Tract was established. Chotanagpur came under this administration. One Chotanagpur came under this administration. One officer (as Judge, Magistrate and Revenue officer (as Judge, Magistrate and Revenue Collector) was appointed to look after an area of Collector) was appointed to look after an area of 10,000 sq. miles.10,000 sq. miles.

1793: Permanent Settlement was introduced in 1793: Permanent Settlement was introduced in Bengal and extended to Chotanagpur. Against the Bengal and extended to Chotanagpur. Against the payment of a fixed sum, it gave the zamindars the payment of a fixed sum, it gave the zamindars the lands from which they had till then collected the lands from which they had till then collected the revenue.revenue.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the British …..Under the British …..

1806: Establishment of the zamindari police 1806: Establishment of the zamindari police system. Maharaja and landlords were asked by system. Maharaja and landlords were asked by the British to establish police station. The officers the British to establish police station. The officers were brought from outside Chotanagpur.were brought from outside Chotanagpur.

The people continued to be dispossessed from The people continued to be dispossessed from their land.their land.

The police system and courts were no means of The police system and courts were no means of getting justice. getting justice.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the British …..Under the British …..ConsequencesConsequences::

(of Jagirdari, zamindari, thecadari and zamindari (of Jagirdari, zamindari, thecadari and zamindari police system):police system):

Principle of Eminent Domain replaced the Principle of Eminent Domain replaced the Community Ownership.Community Ownership.

Breaking down of self-governance system.Breaking down of self-governance system.

Deprivation and dispossession of peasants from Deprivation and dispossession of peasants from their land.their land.

Burden of rent on the cultivator, servility, Burden of rent on the cultivator, servility, abandonment, migration, famine, etc.abandonment, migration, famine, etc.

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

Under the British………..Consequences…….Under the British………..Consequences…….

People being subjected to doing bonded labour People being subjected to doing bonded labour and bethbegari; compelled to pay various other and bethbegari; compelled to pay various other taxes.taxes.

New aristocracy of money lenders and traders New aristocracy of money lenders and traders charging exorbitant rates of interest.charging exorbitant rates of interest.

Gave way to various revolts from the tribals.Gave way to various revolts from the tribals.

Land owners were reduced to simple cultivators.Land owners were reduced to simple cultivators.

Collapse of rural agriculture.Collapse of rural agriculture.

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Under the British……Under the British……

1831-31: Kol Insurrection: The reason being 1831-31: Kol Insurrection: The reason being oppression, their women being subjected to oppression, their women being subjected to indignity.indignity.

1833: Regulation XIII of 1833. South-Western 1833: Regulation XIII of 1833. South-Western Frontier Agency was created. Frontier Agency was created.

Chotanagpur became a non-regulation province.Chotanagpur became a non-regulation province.

Thomas Wilkinson’s was appointed as the First Thomas Wilkinson’s was appointed as the First Agent in whom vested the civil, revenue and Agent in whom vested the civil, revenue and criminal administration of the areacriminal administration of the area

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Under the British ….Regulation XIII of 1833…Under the British ….Regulation XIII of 1833…

The unwritten customary laws of the tribals were The unwritten customary laws of the tribals were recognized.recognized.

Alienation of immovable property without the Alienation of immovable property without the sanction of the Agent was prohibited.sanction of the Agent was prohibited.

Lohardaga was constituted as the centre of Lohardaga was constituted as the centre of dispensing justice.dispensing justice.

This was to provide the backward areas a more This was to provide the backward areas a more flexible form of administration.flexible form of administration.

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Under the British ……Under the British ……

Misfortune of the tribals persisted Misfortune of the tribals persisted

They continued to lose their landThey continued to lose their land

Land disputes: settlement outside Court went Land disputes: settlement outside Court went against the peasants; they were subjected to against the peasants; they were subjected to payment of rents, bethbegari & other services……payment of rents, bethbegari & other services……

Land and rent disputes were brought to the court: Land and rent disputes were brought to the court: but language was difficult; interpreters were but language was difficult; interpreters were biased; lack of land records and rent receipts went biased; lack of land records and rent receipts went against the people; for lack of ready cash in hand against the people; for lack of ready cash in hand people fell into the lures of moneylenders and people fell into the lures of moneylenders and deprivation resumed….deprivation resumed….

Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

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Under the British……..Under the British……..

1854: South Western Frontier Agency was 1854: South Western Frontier Agency was replaced by Commissionership for the replaced by Commissionership for the Chotanagpur Division under the Lieutenant Chotanagpur Division under the Lieutenant Governor of Bengal.Governor of Bengal.

April 15, 1858: Govt. appointed LAL LOKNATH April 15, 1858: Govt. appointed LAL LOKNATH SAHI, a local landlord and a sub-assistant SAHI, a local landlord and a sub-assistant commissioner to prepare a register of all commissioner to prepare a register of all Bhuinhari lands. He worked from August 1860 to Bhuinhari lands. He worked from August 1860 to August 1862 and died. Nothing substantial was August 1862 and died. Nothing substantial was achieved.achieved.

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Under the British ……..Under the British ……..

1869: Chotanagpur Tenures Act, (Act II of 1869) 1869: Chotanagpur Tenures Act, (Act II of 1869) was passed. Bhuinhari survey & settlement was passed. Bhuinhari survey & settlement operations were conducted. Records of Rights operations were conducted. Records of Rights were prepared. were prepared.

The Chotanagpur Landlord and Tenant Procedure The Chotanagpur Landlord and Tenant Procedure Act (Act I of 1879) was enacted to regulate the Act (Act I of 1879) was enacted to regulate the relationship of landlords and raiyats: relationship of landlords and raiyats:

(e.g. enhancement of rents, arrear of rents, (e.g. enhancement of rents, arrear of rents, commutation of praedial services & conditions, commutation of praedial services & conditions, etc. (bhuinhari, khuntkatti & korkar lands were etc. (bhuinhari, khuntkatti & korkar lands were protected from enhancement of rent).protected from enhancement of rent).

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Evolution of Tenure system in JharkhandEvolution of Tenure system in Jharkhand

1903: Chotanagpur Tenancy (Amendment) Act of 1903: Chotanagpur Tenancy (Amendment) Act of 1903: 1903:

Record of Rights of Khuntkatti tenancies were Record of Rights of Khuntkatti tenancies were made.made.

Customary rights & privileges were confirmed.Customary rights & privileges were confirmed.

Restrictions were imposed on transfer of land.Restrictions were imposed on transfer of land.

1902-1910: Survey & Settlement Operations1902-1910: Survey & Settlement Operations

February 2, 1902: it was approved by the February 2, 1902: it was approved by the Government.Government.

March 8, 1902: it began in Khunti & Tamar and March 8, 1902: it began in Khunti & Tamar and was to extend to the rest of Chotanagpur.was to extend to the rest of Chotanagpur.

Page 39: Agrarian laws (Jharkhand) presentation

Achievements of Survey & SettlementAchievements of Survey & Settlement

Survey & Settlement….Survey & Settlement….

Customary rights and privileges were confirmedCustomary rights and privileges were confirmed ..

Measures were taken to prevent their infringement Measures were taken to prevent their infringement in future.in future.

The raiyats and landlords accepted the record of The raiyats and landlords accepted the record of rights as being final.rights as being final.

The settlement of rent as a whole was very fair.The settlement of rent as a whole was very fair.

Praedial conditions & services (e,g. bethbegari) Praedial conditions & services (e,g. bethbegari) were disposed off.were disposed off.

Page 40: Agrarian laws (Jharkhand) presentation

Achievements of Survey & SettlementAchievements of Survey & Settlement

Survey & Settlement………Survey & Settlement………

The number of litigation concerning land The number of litigation concerning land disputes in courts diminished.disputes in courts diminished.

There was decrease in the number of criminal There was decrease in the number of criminal cases.cases.

There were not many suits on the rates of rent.There were not many suits on the rates of rent.

Cases on land dispute were speedily settled by Cases on land dispute were speedily settled by reference to the record of rights.reference to the record of rights.

There was less harassment and less expense.There was less harassment and less expense.

Page 41: Agrarian laws (Jharkhand) presentation

Different Types of LandholdingsDifferent Types of Landholdings

Lease SettlementLease Settlement::

In the town areas, the Government has In the town areas, the Government has settled settled Khas MahalKhas Mahal Land with the raiyats Land with the raiyats for :-for :-

(a). Construction of houses: (a). Construction of houses:

ChhapparbandiChhapparbandi

(b).(b). Agricultural & horticultural purposesAgricultural & horticultural purposes

(c). Commercial purposes(c). Commercial purposes

Page 42: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Kaiser-E-Hind KhataKaiser-E-Hind Khata

Such land belonged to the British Crown. Now, it is directly under the Central Government and encroachment of any kind is penalized.

One can have Kaiser-E-Hind Khatian from the District Record Room.

Page 43: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Bakast, ZiratBakast, Zirat

That land which the landlord himself cultivates. Such lands were settled in the name of raiyats under written or oral lease agreement.

Occupancy right can not be acquired in such land.

Such land is also known as Manjihas or Bethkheta, under Chotanagpur Tenures Act, 1869

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Different Types of Landholdings…..Different Types of Landholdings…..

MortgageMortgage::

(a). Simple Mortgage – (a). Simple Mortgage –

Land is given as security for loans. Under Land is given as security for loans. Under Chotanagpur Tenancy Act, 1908, simple Chotanagpur Tenancy Act, 1908, simple mortgage is allowed only for 5 years.mortgage is allowed only for 5 years.

The mortgagee has to recover the principal The mortgagee has to recover the principal amount and the interest due therein within amount and the interest due therein within the period of mortgage.the period of mortgage.

Page 45: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

MortgageMortgage

(b).(b). Bhugutbandha Mortgage –Bhugutbandha Mortgage –

Usufructuary mortgage – mortgagee is Usufructuary mortgage – mortgagee is permitted to enjoy the produce of the land permitted to enjoy the produce of the land - which is valid for 7 years only. After 7 - which is valid for 7 years only. After 7 years the mortgagor gets back the land years the mortgagor gets back the land without payment of any principal or without payment of any principal or interest.interest.

All the mortgages are valid only on All the mortgages are valid only on registration.registration.

Page 46: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Khatiani LandKhatiani Land:-:-

Khatians are records of rights pertaining to land. Khatians are records of rights pertaining to land. All the cultivators have been given khatians All the cultivators have been given khatians according to the nature of land they hold. according to the nature of land they hold.

The record of rights have been prepared in the The record of rights have been prepared in the Cadastral Survey and Revisional Survey: Cadastral Survey and Revisional Survey:

e.g. raiyati, under-raiyati, bakast/zirat, mundari-e.g. raiyati, under-raiyati, bakast/zirat, mundari-khuntkatti, bhuinhari, baigai, or pahnai, gorait, khuntkatti, bhuinhari, baigai, or pahnai, gorait, sarna, jaher, akhra, manjhithan, etc.sarna, jaher, akhra, manjhithan, etc.

Page 47: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Land held by Original SettlersLand held by Original Settlers

(a). Bhuinhari(a). Bhuinhari

When barren or forest land were made cultivable When barren or forest land were made cultivable by an Oraon or other tribal family and a village by an Oraon or other tribal family and a village came into existence. It was marked as bhuinhari came into existence. It was marked as bhuinhari by the Bhuinhari Survey of 1869 and record of by the Bhuinhari Survey of 1869 and record of rights were prepared accordingly.rights were prepared accordingly.

Under the Bihar Land Reforms Act, 1950, such Under the Bihar Land Reforms Act, 1950, such lands have not vested in the Government.lands have not vested in the Government.

Page 48: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Land held by Original SettlersLand held by Original Settlers

(b). Mundari Khuntkatti –(b). Mundari Khuntkatti –

When barren and forest lands were made When barren and forest lands were made cultivable by a Munda family, eventually a village cultivable by a Munda family, eventually a village came into existence. This village was marked as came into existence. This village was marked as a Mundari Khuntkatti village in 1903 and a Mundari Khuntkatti village in 1903 and Khuntkatti record of rights were prepared.Khuntkatti record of rights were prepared.

Such lands have not vested in the government Such lands have not vested in the government under the Bihar Land Reforms Act, 1950.under the Bihar Land Reforms Act, 1950.

Page 49: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Korkar LandKorkar Land

When a gair-mazrua waste land normally along When a gair-mazrua waste land normally along the rivers or streams is converted into a the rivers or streams is converted into a cultivable paddy field, it is known as Korkar land.cultivable paddy field, it is known as Korkar land.

After three years, the concerned farmer can After three years, the concerned farmer can apply for assessment of rent.apply for assessment of rent.

The amount of rent will be determined by the The amount of rent will be determined by the revenue officials and parcha (record of rights) revenue officials and parcha (record of rights) and rent receipts will be issued by them.and rent receipts will be issued by them.

Page 50: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

PahnaiPahnai

Pahnai or likewise communitarian land are Pahnai or likewise communitarian land are known as ‘service tenures’. These lands are held known as ‘service tenures’. These lands are held under trust by the village headman, by whatever under trust by the village headman, by whatever named called, for the collective use of the named called, for the collective use of the village.village.

Such lands are rent-free, inalienable and non-Such lands are rent-free, inalienable and non-heritable.heritable.

They are differently known as ‘Dalikatari’, They are differently known as ‘Dalikatari’, ‘Baigai’, ‘Mahtoi’, etc.‘Baigai’, ‘Mahtoi’, etc.

Page 51: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Gair-mazrua Khas LandGair-mazrua Khas Land

(a). Gair-mazrua malik or khas used to be (a). Gair-mazrua malik or khas used to be settled in the name of raiyats by previous settled in the name of raiyats by previous zamindars and rent was collected in zamindars and rent was collected in respect of them.respect of them.

When the zamindari system was abolished When the zamindari system was abolished in 1950, government recognized such land in 1950, government recognized such land as settled in the name of occupancy as settled in the name of occupancy raiyats through the revenue office and raiyats through the revenue office and parcha has been given to the occupants.parcha has been given to the occupants.

Page 52: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Gair-mazrua Khas Land…………Gair-mazrua Khas Land…………

In recent times, the landless raiyats have been In recent times, the landless raiyats have been given such land through revenue offices and given such land through revenue offices and parcha (record of rights) also has been issued.parcha (record of rights) also has been issued.

Gair-mazrua Aam LandGair-mazrua Aam Land

Land in which the public has a right: the road, Land in which the public has a right: the road, river, tank, govt. canal, funeral place, burial river, tank, govt. canal, funeral place, burial ground, Hargari, Sasandiri, Masna, Sarna, ground, Hargari, Sasandiri, Masna, Sarna, Jaher, Akhra, jhkhra-patra, jungle, jhari, Jaher, Akhra, jhkhra-patra, jungle, jhari, Deshwali, Deosthan, Mandir, Masjid, Girja, etc.Deshwali, Deosthan, Mandir, Masjid, Girja, etc.

Page 53: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

IstafaIstafa

A raiyat not bound by lease or other agreement A raiyat not bound by lease or other agreement for a fixed period could surrender his holding to for a fixed period could surrender his holding to the then landlord at the end of any agricultural the then landlord at the end of any agricultural year.year.

The same land could be legally settled in the The same land could be legally settled in the name of another raiyat by the then landlord.name of another raiyat by the then landlord.

Since 5Since 5thth of January, 1948, of January, 1948, IstafaIstafa can be done can be done only with the previous sanction of the DC in only with the previous sanction of the DC in writing.writing.

Page 54: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Abandonment of a Holding Abandonment of a Holding (Fautfirari)(Fautfirari)

If a raiyat deserted his holding and went If a raiyat deserted his holding and went somewhere, neither cultivated nor paid rent, the somewhere, neither cultivated nor paid rent, the landlord could after giving notice to the Deputy landlord could after giving notice to the Deputy Commissioner of such abandonment, and after Commissioner of such abandonment, and after obtaining his permission can enter upon the obtaining his permission can enter upon the holding and settle it in the name of another raiyat holding and settle it in the name of another raiyat or cultivate himself.or cultivate himself.

The fact of abandonment has to be certified by The fact of abandonment has to be certified by the concerned Deputy Commissioner.the concerned Deputy Commissioner.

Page 55: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

ExchangeExchange

Exchange of land between raiyats is Exchange of land between raiyats is permitted as per the law and the permitted as per the law and the Exchange has to be registered. Exchange has to be registered.

Since 1947, exchange can be done only Since 1947, exchange can be done only with the prior sanction of the Deputy with the prior sanction of the Deputy Commissioner in case of ST to ST Commissioner in case of ST to ST transfer, and since 1955 in case of SC to transfer, and since 1955 in case of SC to SC and BC to BC transfer.SC and BC to BC transfer.

Page 56: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Settlement of holding which has been sold Settlement of holding which has been sold by the Court by the Court (Nilami) –(Nilami) –

Land except Bhuinhari or Mundari Land except Bhuinhari or Mundari Khuntkatti may be sold summarily by the Khuntkatti may be sold summarily by the decree of the Court for the recovery of an decree of the Court for the recovery of an arrear of rent or for the recovery of public arrear of rent or for the recovery of public loans mabe by the Government or Banks.loans mabe by the Government or Banks.

The purchaser by way of auction is given The purchaser by way of auction is given the possession of land thus sold.the possession of land thus sold.

Page 57: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Land received from Bihar Bhoodan Yagya Land received from Bihar Bhoodan Yagya Committee –Committee –

Land donated by raiyats and zamindars to Land donated by raiyats and zamindars to the Bhoodan Yagya Committee and the the Bhoodan Yagya Committee and the land thus received by the Committee is land thus received by the Committee is distributed among the landless raiyats.distributed among the landless raiyats.

The land belongs to the Bhoodan Yagya The land belongs to the Bhoodan Yagya Committee, but the settler can use the Committee, but the settler can use the land and get the rent fixed within 3 years land and get the rent fixed within 3 years of allotment. of allotment.

Page 58: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Bhu-WapsiBhu-Wapsi (land restoration) (land restoration)

In cases where land belonging to a In cases where land belonging to a scheduled tribe has been illegally or scheduled tribe has been illegally or fraudulently transferred to anybody, it can fraudulently transferred to anybody, it can be restored by the order of the Deputy be restored by the order of the Deputy Commissioner under Section 71-A of the Commissioner under Section 71-A of the Chotanagpur Tenancy Act, 1908.Chotanagpur Tenancy Act, 1908.

In the Scheduled Areas, the period of In the Scheduled Areas, the period of limitation for restoration is 30 years and in limitation for restoration is 30 years and in the non-Scheduled Areas, it is 12 years.the non-Scheduled Areas, it is 12 years.

Page 59: Agrarian laws (Jharkhand) presentation

Different Types of Landholdings…..Different Types of Landholdings…..

Mokarrari PattaMokarrari Patta (Permanent Lease): (Permanent Lease):

The right over the property settled in this manner The right over the property settled in this manner is permanent. The rent can not be changed. This is permanent. The rent can not be changed. This is heritable and transferable by sale.is heritable and transferable by sale.

Uttakkar LandUttakkar Land: : Given by the zamindar orally and the raiyat in Given by the zamindar orally and the raiyat in

possession is assessed for rent.possession is assessed for rent.

Government landGovernment land: : Government land for office, forest, roads, Government land for office, forest, roads,

government services, etc.government services, etc.

Page 60: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important Provisions:Important Provisions:

(1) S.46: Restrictions on transfer of land:(1) S.46: Restrictions on transfer of land:

(a) ST to ST transfer – with the permission(a) ST to ST transfer – with the permission

of the Deputy Commissioner – Sellersof the Deputy Commissioner – Sellers

& purchsers should be residing& purchsers should be residing

within the same Police Station.within the same Police Station.

(b) SC/BC to SC/BC transfer – with the (b) SC/BC to SC/BC transfer – with the permission of the Deputy Commissioner – permission of the Deputy Commissioner – Sellers & Purchasers should be residing within Sellers & Purchasers should be residing within the same District.the same District.

Page 61: Agrarian laws (Jharkhand) presentation

ChotanagpurChotanagpur Tenancy Act Tenancy Act

Important Provisions………Important Provisions………

(c) Non ST/SC/BC can transfer their land to any (c) Non ST/SC/BC can transfer their land to any

other person without any permission.other person without any permission.

(d) Transfer against the provisions of S. 46 can (d) Transfer against the provisions of S. 46 can

not be registered or considered valid by any not be registered or considered valid by any

court.court.

(e) Deputy Commissioner is a necessary party to (e) Deputy Commissioner is a necessary party to

any civil suit relating to any holding in which any civil suit relating to any holding in which

one of the parties is ST.one of the parties is ST.

Page 62: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important Provisions ………Important Provisions ………

(a) Simple mortgage or lease for 5 years :(a) Simple mortgage or lease for 5 years :

the mortgager can apply for restoration ofthe mortgager can apply for restoration of

possession within 3 years of the lapse of the possession within 3 years of the lapse of the

mortgage period.mortgage period.

(b) Illegal transfer: ST can apply for annulment of (b) Illegal transfer: ST can apply for annulment of

transfer within a period of 12 years.transfer within a period of 12 years.

(i) Building & Structure can be ordered to be(i) Building & Structure can be ordered to be

removed within 6 months/2 years.removed within 6 months/2 years.

Page 63: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important Provisions………….Important Provisions………….

(ii) Substantial Structure or building (= of more(ii) Substantial Structure or building (= of more exceeding Rs. 5,000/-) made before 1969: exceeding Rs. 5,000/-) made before 1969: can be validated if the transferee,can be validated if the transferee,

* makes available an alternative piece of* makes available an alternative piece of land of equivalent value in the vicinity.land of equivalent value in the vicinity.

* pays to the transferee adequate * pays to the transferee adequate compensation to be determined by the compensation to be determined by the Deputy Commissioner.Deputy Commissioner.

Page 64: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important Provisions……..Important Provisions……..

(2) S. 47: A raiyat’s right in his holding can (2) S. 47: A raiyat’s right in his holding can not be sold by the order of the court or by not be sold by the order of the court or by for the execution of a decree or order of for the execution of a decree or order of the court,the court,

Except –Except –

(a) for recovery of arrears of rent, and(a) for recovery of arrears of rent, and

(b) for recovery of loan(b) for recovery of loan

Page 65: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important Provisions…….Important Provisions…….

(3) A Bhuinhari family may transfer its (3) A Bhuinhari family may transfer its holding or any portion thereof in the holding or any portion thereof in the manner and to the extent one ST may manner and to the extent one ST may transfer his right in his holding U/S 46.transfer his right in his holding U/S 46.

In case of transfer by lease, the lessee In case of transfer by lease, the lessee shall not acquire the occupancy right.shall not acquire the occupancy right.

Page 66: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important Provisions………Important Provisions………

(4) S. 48 – A : Bhuinhari Tenure can not (4) S. 48 – A : Bhuinhari Tenure can not be sold by the order of the court or for the be sold by the order of the court or for the execution of any order or decree by the execution of any order or decree by the court.court.

The order for the recovery of arrears of The order for the recovery of arrears of rent may be executed by the attachment rent may be executed by the attachment and sale of the produce of the land and sale of the produce of the land concerned.concerned.

Page 67: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important Provisions ………Important Provisions ………

(5) S. 49 : An occupancy raiyat or any member (5) S. 49 : An occupancy raiyat or any member of a Bhuinhari family may transfer his holding or of a Bhuinhari family may transfer his holding or tenure for tenure for industrial and miningindustrial and mining purposes. purposes.

(a) Transferee shall not use such land for any (a) Transferee shall not use such land for any other purpose except for which it was other purpose except for which it was transferred. transferred.

(b) Written consent of the Deputy Commissioner (b) Written consent of the Deputy Commissioner is required to the transfer and to the terms of the is required to the transfer and to the terms of the Deed.Deed.

Page 68: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important provisions……….Important provisions………. (6) Section 50 – Government may acquire land (6) Section 50 – Government may acquire land

for charitable, religious and educational for charitable, religious and educational purposes or for manufacture or irrigation. purposes or for manufacture or irrigation.

Deputy Commissioner should authorize such Deputy Commissioner should authorize such transfer.transfer.

Terms of the transfer and the amount of Terms of the transfer and the amount of compensation should be approved by the DC.compensation should be approved by the DC.

Compensation is decided in respect of damage, Compensation is decided in respect of damage, quality of land , market value of the land, trees, quality of land , market value of the land, trees, wells, houses, etc.wells, houses, etc.

Page 69: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important provisions……….Important provisions……….

(7) Section 67 – Settlement of waste land (7) Section 67 – Settlement of waste land belonging to the State Government is made by belonging to the State Government is made by ‘patta’ or ‘amalnama’. ‘patta’ or ‘amalnama’.

Patta or amalnama shall be prepared in Patta or amalnama shall be prepared in duplicate.duplicate.

One copy shall be given to the raiyat and One copy shall be given to the raiyat and another for the DC of the District.another for the DC of the District.

Page 70: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Important provisions……….Important provisions……….

(8) Sections 64-67 – Conversion of land into (8) Sections 64-67 – Conversion of land into KorkarKorkar

It is made with the permission of the DC.It is made with the permission of the DC.

There is also a custom of making it without the There is also a custom of making it without the permission of the DC (as per the record of rights)permission of the DC (as per the record of rights)

Orchard, cultivated and homestead land can not Orchard, cultivated and homestead land can not be converted into Korkar.be converted into Korkar.

A raiyat can have right of occupancy.A raiyat can have right of occupancy. Assessment of rent after 4 years of cultivation.Assessment of rent after 4 years of cultivation.

Page 71: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Some important provisions ………..Some important provisions ………..

(9) Section 71 – A(9) Section 71 – A

Where ST land is transferred in violation of the Where ST land is transferred in violation of the provisions of Sections 46, 49, 240 or by fraudulent provisions of Sections 46, 49, 240 or by fraudulent methods and means, such land by the order of methods and means, such land by the order of the DC can be restored to the transferor or his the DC can be restored to the transferor or his heir.heir.

If the transferor or heir is not available, to any If the transferor or heir is not available, to any other raiyat belonging to the Scheduled Tribe.other raiyat belonging to the Scheduled Tribe.

Period of limitation id 30 years.Period of limitation id 30 years.

Page 72: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Some important provisions…………..Some important provisions………….. (9) Section 71-A ……(9) Section 71-A …… In case of substantial structure prior to In case of substantial structure prior to

1969: 1969:

such transfer can be validated if the such transfer can be validated if the transferee makes available:transferee makes available:

an alternative plot of land of equal value in an alternative plot of land of equal value in the vicinity or the vicinity or

pays adequate compensation fixed by DC.pays adequate compensation fixed by DC.

Page 73: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Some important provisions ………….Some important provisions …………. (10) Section 76 & 77(10) Section 76 & 77

Saving of CustomSaving of Custom

The custom or usage wherever it exists The custom or usage wherever it exists will not be affected by this Act provided it will not be affected by this Act provided it is not inconsistent with the provisions of is not inconsistent with the provisions of this Act or not abolished by this Act.this Act or not abolished by this Act.

Sections 80 – 100Sections 80 – 100

Preparation of Record of RightsPreparation of Record of Rights

Page 74: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Some important provisions…….Some important provisions…….

(11) Section 240 – Mundari Khuntkatti Tenancy(11) Section 240 – Mundari Khuntkatti Tenancy

(a) It is non-transferable.(a) It is non-transferable.

(b) It can not be sold in execution of a decree or (b) It can not be sold in execution of a decree or

by order of the Court.by order of the Court.

(c) Its produce can be attached for the liquidation(c) Its produce can be attached for the liquidation

of a debt.of a debt.

(d) MKK can transfer his right in his tenancy for(d) MKK can transfer his right in his tenancy for raising loan for agricultural purposes to a raising loan for agricultural purposes to a cooperative society or bank.cooperative society or bank.

Page 75: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Some important provisions …….Some important provisions …….

Section 240 (MKK) ……..Section 240 (MKK) ……..

(d) Lease - Mukrrari Lease (permanent (d) Lease - Mukrrari Lease (permanent lease) can be granted to a Mundari or lease) can be granted to a Mundari or group of Mundaris for agricultural group of Mundaris for agricultural purposes only.purposes only.

(e) Bughut Bandha Mortgage or Mokrrari (e) Bughut Bandha Mortgage or Mokrrari Lease is possible only through the prior Lease is possible only through the prior consent of the Mundari Kuntkattidar.consent of the Mundari Kuntkattidar.

Page 76: Agrarian laws (Jharkhand) presentation

Chotanagpur Tenancy ActChotanagpur Tenancy Act

Some important provisions …….Some important provisions …….

(12) Section 241: Transfer of MKK Tenancies(12) Section 241: Transfer of MKK Tenancies

(a) Transfer can take place for the reasonable(a) Transfer can take place for the reasonable

and sufficient purposes.and sufficient purposes.

(b) For charitable, educational and religious(b) For charitable, educational and religious

purposes.purposes.

(c) For manufacture or irrigation(c) For manufacture or irrigation

(d) Written consent of the DC is required on the(d) Written consent of the DC is required on the

transfer and the terms of the Deed.transfer and the terms of the Deed.

Page 77: Agrarian laws (Jharkhand) presentation

Survey and SettlementSurvey and Settlement

Survey and Settlement operations have been Survey and Settlement operations have been conducted in Chotanagpur since 1902conducted in Chotanagpur since 1902

Glossary of TermsGlossary of Terms

BujharatBujharat

Explanation of the contents of the record of Explanation of the contents of the record of rights before attestation.rights before attestation.

Fard AbpashFard Abpash

Irrigation record in which the right and obligation Irrigation record in which the right and obligation of each tenant or landlord is entered in respect of each tenant or landlord is entered in respect of use of water for agricultural purposes.of use of water for agricultural purposes.

Page 78: Agrarian laws (Jharkhand) presentation

Survey and SettlementSurvey and Settlement

Glossary of Terms………….Glossary of Terms………….

Fard BadarFard Badar

a list of makes found and corrected.a list of makes found and corrected.

Fard HawalaFard Hawala

a list of the livestock of the village.a list of the livestock of the village.

Fard TanajaFard Tanaja

a list of disputes containing details.a list of disputes containing details.

Jinswar/JiniswarJinswar/Jiniswar

the statement concerning crops.the statement concerning crops.

Page 79: Agrarian laws (Jharkhand) presentation

Objectives of Survey OperationsObjectives of Survey Operations

To provide with an authoritative statement of To provide with an authoritative statement of the extent and legal conditions of any land.the extent and legal conditions of any land.

To put an end to uncertainty of individual To put an end to uncertainty of individual rights which promotes disputes.rights which promotes disputes.

To protect raiyatsTo protect raiyats

To improve local knowledge.To improve local knowledge.

To provide govt. officials with statistics, rules To provide govt. officials with statistics, rules and data for efficient administration.and data for efficient administration.

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Different Stages of SurveyDifferent Stages of Survey

Kistwar (Cadastral Survey)Kistwar (Cadastral Survey)

KhanapuriKhanapuri

Bujharat and Tasdik (Attestation and Bujharat and Tasdik (Attestation and Verification)Verification)

Draft PublicationDraft Publication

Final PublicationFinal Publication

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Different Stages of SurveyDifferent Stages of Survey

Kistwar (Cadastral Survey)Kistwar (Cadastral Survey)

Map is the basis of all the documents Map is the basis of all the documents related to land rights.related to land rights.

The purpose of preparing map is to show The purpose of preparing map is to show correctly the position of a village and all correctly the position of a village and all the fields falling within that village.the fields falling within that village.

This is known as KistwarThis is known as Kistwar

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Different Stages of SurveyDifferent Stages of Survey

Kistwar can be further divided into four Kistwar can be further divided into four parts:parts:

(a) Survey, determination of the village (a) Survey, determination of the village

boundary.boundary.

(b) Division of land in Murrabas.(b) Division of land in Murrabas.

© Marking out the different plots with © Marking out the different plots with

their exact curves and embankments.their exact curves and embankments.

(d) Approval of Map by Assistant (d) Approval of Map by Assistant

Settlement officer (A.S.O.)Settlement officer (A.S.O.)

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Different Stages of SurveyDifferent Stages of Survey

KhanapuriKhanapuri It be consists of the preparation of the It be consists of the preparation of the

preliminary record of rights of all the plots.preliminary record of rights of all the plots. (a) Kursinama (genealogical table) is (a) Kursinama (genealogical table) is prepared of all the raiyats and is signed prepared of all the raiyats and is signed by all the khatadars.by all the khatadars.

(b) Numbering of the plots takes place.(b) Numbering of the plots takes place.

© In case of disputes/doubts a © In case of disputes/doubts a yaddast yaddast (dispute list) is prepared which is settled (dispute list) is prepared which is settled later by the order of the A.S.O.later by the order of the A.S.O.

Page 84: Agrarian laws (Jharkhand) presentation

Different Stages of SurveyDifferent Stages of Survey

KhanapuriKhanapuri (d) Statistical Information is prepared(d) Statistical Information is prepared CropsCrops IrrigationIrrigation Extent of cultivationExtent of cultivation Agricultural stockAgricultural stock

(e) Khewats & Khatians are prepared.(e) Khewats & Khatians are prepared.

(f) Records are sent to the Headquarters (f) Records are sent to the Headquarters for scrutiny and correction.for scrutiny and correction.

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Different Stages of SurveyDifferent Stages of Survey

Bujharat & Tasdik (Verification & Bujharat & Tasdik (Verification & Attestation)Attestation)

A camp is organized for the purpose : for an A camp is organized for the purpose : for an area of 80 – 100 sq. miles ( or for 75000 or area of 80 – 100 sq. miles ( or for 75000 or 1,00,000 plots)1,00,000 plots)

Area Slips are distributed.Area Slips are distributed.

Parchas are distributed well in advance.Parchas are distributed well in advance.

Mistake List and Dispute List are prepared Mistake List and Dispute List are prepared for further hearing and ensuing orders.for further hearing and ensuing orders.

Page 86: Agrarian laws (Jharkhand) presentation

Different Stages of SurveyDifferent Stages of Survey

Bujharat & Tasdik (Verification & Bujharat & Tasdik (Verification & Attestation)Attestation)

Parcha is corrected and given back to the Parcha is corrected and given back to the raiyat.raiyat.

Khatian Part II is preapared.Khatian Part II is preapared.

Pradhani Hakuknama is prepared.Pradhani Hakuknama is prepared.

Village Note is prepared.Village Note is prepared.

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Different Stages of SurveyDifferent Stages of Survey

Draft PublicationDraft Publication

Within a fortnight of the attestation, a draft Within a fortnight of the attestation, a draft publication id read out before the public.publication id read out before the public.

Draft Publication of the record of rights is Draft Publication of the record of rights is kept for public scrutiny free of charge for a kept for public scrutiny free of charge for a month.month.

Objections can be filed under Section 83 Objections can be filed under Section 83 (1) of CNT Act.(1) of CNT Act.

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Different Stages of SurveyDifferent Stages of Survey

Draft PublicationDraft Publication

Objections are collected and corrected.Objections are collected and corrected.

Even after the orders have been passed in Even after the orders have been passed in respects of the objections, a raiyat can file respects of the objections, a raiyat can file an application for revision U/s 89.an application for revision U/s 89.

Record of Rights are sent back again to Record of Rights are sent back again to the safai section) for fair copying.the safai section) for fair copying.

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Different Stages of SurveyDifferent Stages of Survey

Final PublicationFinal Publication

Finally published records are kept for Finally published records are kept for inspection for a month free of charge.inspection for a month free of charge.

Recovery camp starts and settlement Recovery camp starts and settlement costs are realized.costs are realized.

Final copies of the record of rights are Final copies of the record of rights are distributed among the raiyats.distributed among the raiyats.

Page 90: Agrarian laws (Jharkhand) presentation

Different Stages of SurveyDifferent Stages of Survey

Final PublicationFinal Publication

Irrigation records and Khatian Part II are Irrigation records and Khatian Part II are given to the Village Headmen.given to the Village Headmen.

After three months from the date of final After three months from the date of final publication, aggrieved raiyats can file suits publication, aggrieved raiyats can file suits for further decisions under Section 87 of for further decisions under Section 87 of the CNT Act, 1908. the CNT Act, 1908.

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Survey and SettlementSurvey and Settlement

Glossary of Terms …………Glossary of Terms …………KhatianKhatian

Contains details about each tenancy Contains details about each tenancy showing the name, parentage, residence, showing the name, parentage, residence, status and caste/tribe of the tenant.status and caste/tribe of the tenant.

Khatian Part IIKhatian Part II Contains the details customary rights of Contains the details customary rights of

tenants in enjoying the forest produce, tenants in enjoying the forest produce, rights of grazing cattle. rights of grazing cattle.

This is confined to agricultural tenants.This is confined to agricultural tenants.

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Survey and SettlementSurvey and Settlement

Glossary of Terms ……….Glossary of Terms ……….

KhewatKhewat

Record of rights of proprietors and tenure Record of rights of proprietors and tenure holders in each village.holders in each village.

KistwarKistwar

Cadastral SurveyCadastral Survey

KursinamahKursinamah

Genealogical tableGenealogical table

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Survey and SettlementSurvey and Settlement

Glossary of Terms……….Glossary of Terms……….MurrabaMurraba

Land is divided into Land is divided into murrabasmurrabas for the for the convenience of measurement. (1 murraba convenience of measurement. (1 murraba = 10-14 = 10-14 zeribzerib = 1 = 1 zeribzerib = 100 = 100 kariskaris = 66 = 66 ftft.).)

ParchaParcha A duplicate of the preliminary khatian A duplicate of the preliminary khatian

prepared at prepared at KhanapuriKhanapuri..

SafaiSafai Fair copying of the record of rights.Fair copying of the record of rights.