Introduction

Criticism
Consisting of 6 north eastern districts of the states namely Godda, Deogarh, Pakur,
Sahibganj, Jamtara and Dumka, the Santhal Parganas was a single district with Dumka as its
capital until the 1980s. After the Santhal Rebellion of 1855, the British decided to implement
new land laws in the santhal district in order to ensure administration in land revenue. The
Santhal rebellion made the British realise the importance of honoring the santhal customs.
The given act caters to the beliefs of santhal customs, and has special provisions accordingly
under them, which would ensure proper revenue administration . This act protects the rights of
the Santhal tribes but there are some criticisms in this act

Section 20 of the Santhal pargana tenancy,1949 states that not transfer by a raiyat of his right
in holding or among person thereof, by sale, gift, mortgage, will, lease or any other contract
or agreement empress or employed shall be valid. Which means that the tribal people who
belong mostly to the Santhal tribe living in the division areas, cannot transfer their lands by
any means (including sale/mortgage/will/lease/gift) other than inheritance. The Santhal
Parganas division in Jharkhand consists of six northeastern districts of the state namely
Sahibganj, Godda, Pakur, Deoghar, Dumka, and Jamtara. This provision was added keep a
check on the various uprisings by tribals of these areas who were exploited since the colonial
era and to ensure that their land rights are not taken away. But, for the modern times, this
provision has become a major barrier in the development of not only the tribal people have
ownership of land in these areas but also for the entire region. The reason being that in the
above- mentioned areas, mostly land are owned by the Santhal people who are not allowed to
sell these land according to Section 20 of the SPT act, 1949 to anyone. Thus, undertaking of
these lands for immoveable property like business building, houses, agrarian land for non-
farming purposes, land for clinical and instructive offices are precluded in this division which
became obstacle for expertise advancement and private business. Also, forces of demand and
supply have led to the creation of an illegal market for land transfers and these cannot be
legitimately recorded. In many cases, the promise of honouring the transaction is kept for a
generation or two but successors thereafter start claiming their right over transferred land, and
the SDO is bound to restore possession if such an application is made to them. This
seemingly violates many principles of established justice because the original transaction had
been made with the consent of the two parties and in many cases the party that received
possession remains in peaceful possession for decades before being evicted by force of law.
Many cases in the past, for example, Jiwan Prasad Sah vs The State Of Jharkhand,Nirbhay Kr
Shahbadi vs Revenue Department, Dhena Hansdha and ors -vs- State of Jharkhand, have put
the reasonability of Section 20 in question. These instances have proved that section 20 of the
Santhal pargana tenancy,1949 can be used as a weapon to aquire land from the non tribal
people who have the rightful ownership of the land. Thus, Section 20 of the Santhal pargana
tenancy,1949 is not only a major barrier in the path of development of these division regions
but also a tool for injustice to tribal as well as non tribal people.
Section 33 One of the main issues that arise with today’s land holding limitations is the
meagre amount of documented records that are available about ownership of these tribal
lands. Mirroring of the few documents available too, is difficult, since the actual land
documents do not match the actual positions of the land presently. The last documented
records of resettlement of the Santhals was made in 1932, by Gantzer. This has benefited
powerful officials today to use their power in the wrong ways, especially Section 33 of the
Santhal Pargana Tenancy Act. This section mentions the proceedings that are to be taken
when land which is not cultivated for over a period of five years , which is that the settlement
prospects of that land are to be set aside. Furthermore, the section highlights that under the
discretion of the village headman, landlord, or the mulraiyat, the possession of this land can
be reported to the Deputy Commissioner who shall then decide under the law, whether
resettling on this land is viable.

Understanding the act is necessary in order to understand its implications. Under section 33,
we can notice that absolute authority has been granted to officials at high posts, primarily the
village headman, followed by the Deputy Commissioner. This in a way makes the system a
hub for corrupt and vested interests, since the headman has gotten his discretion on whether
or not he wishes to report the matters of land cultivation and settlement to the Deputy
Commissioner. Such absolute authority gives rise to partiality and a preferential difference
among the various people that exist within the community, since the headman might choose
to turn someone in, who on the basis of ill personal relations, while the headman might acquit
and forgive those people who are in his good books.
Secondly, once matters reach the Deputy Commissioner, the official has autonomous power
to snath away/resettle an individual, on the basis of his lawful discretion. However, the level
of power provided to the official is again, absolute, since he/she can take decisions at will,
and in the process might be partial towards individuals, which shall not fall under the ambit
of the law of the land.
The Santhal Pargana Tenancy Act, 1949 is the first codified law of tenancy in Santhal Pargana division
of Jharkhand. When enacted, it supplemented existing British-era tenancy laws and codified some of
the customary laws relating to land. In this act there are some issue one issue is related to section 42
of Santhal Pargana Tenancy Act,1949 in this section Ejectment of a person in unauthorised
possession of agricultural land. – The Deputy Commissioner may at any time either of his own
motion or on an application made to him pass an order for ejectment of any person who has
encroached upon, reclaimed, acquired or come into possession of agricultural land in contravention
of the Provisions of this Act or any law or anything having the force of law in the Santal Parganas

Provisions of this Act or any law or anything having the force of law in the Santal Parganas the
concept of ownership of land does not exist in this division, raiyat having only occupancy right with
the right of inheritance. Acquisition of immoveable property like commercial building, houses,
agriculture land for non-agriculture purpose, land for medical and educational facilities are
prohibited in this division which became hindrance for skill development and private
entrepreneurship this act have gained many criticism because many industry were not able to setup
their industry as they have to take permission from the government and from the owner of the land
before selling this land the main purpose of this section is to protect the land of the farmers a tribes
of Santhal but with the change of time many things changed

In Amarnath Sen v State of Jharkhand the court in its judgement said that Section 42- jurisdiction to
evict- Evicted person could not substantiate His right and the title over the land in dispute-
Acquisition of right by adverse possession- Not open to determine in writ jurisdiction-No declaration
could be granted in exercise of writ jurisdiction-Liberty extended to approach court of competent
jurisdiction for appropriate declaration and restoration of possession. With the change of many
changes are also required in this act as with the passage of time things also and there is a need of
amendment in Santhal Pargana Tenancy Act, 1949

A key feature of Santhal Pargana Tenancy Act, 1949 is the role of village headman in matters
related to tenancy. Section 5 under chapter II of the act provides for the appointment of
headman a Khas village upon an application by a landlord and with the consent of at least
two-third of the Jamabandi Raiyats (Registered landholders).
The duties of the headmen (pradhan) under the Santhal Pargana Tenancy Act, 1949 are as
follows:
 The headman is responsible for the collection and punctual payment of the rents to
the proprietor of the land (now State).
 The headman is responsible for the performance of the prescribed police duties.
 The headman is responsible for the repair dams, dykes, and tanks with the help and
assistance of the raiyats belonging to the village other than those which are within the
meaning of section 8, and also village paths and boundary marks, and to preserve the
camplug and grazing grounds. No one may cultivate such water reservoirs.
 The headman is obliged to observe all such orders and resolutions as government has
passed or may hereafter pass prohibiting or regulating the transfer in any way of the
office of head man, and the transfer or subdivision of raiyati holdings does not at
present exist in the village.
 The headman is obliged to guard the respective rights of the proprietor, of
Government, and of the raiyats.
 The headman is responsible to preserve intact for cultivation the headman’s official
holding, and his private holding, if any.
 The headman is responsible to realize from the raiyats and to pay to the parganait,
chaukidar and other such officials, however styled their customary or other legal
dues.
 The headman is responsible to assist the proprietor in procuring sarkari rasad.
 The headman is responsible to realize from the raiyats and to pay over to the
proprietor road and public works cess, as ordered by Government.
During the currency of his lease rights the rights that headman is entitled to are:
 The headman is entitled to enjoy the official holding, where such exists, on payment
of rent.
  The headman is entitled to settle the holdings of a Raiyat’s holding if he is absconding
or dying without heirs, with one or other of the following, on the basis of preference
in the order as mentioned below:
o With a jamabandi raiyat resident of the same community.

o With a jamabandi raiyat resident of a different community, or with himself, if

resident.
o if non-resident jamabandi raiyat, with himself.
o With a non-jamabandi raiyat.

Conclusion