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 Land Laws of Jharkhand

Structural changes in the land administration in colonial era :-

The East India Company introduced the zamindari system to collect land
revenue in the Bengal presidency including the area of Chotanagpur.
Its effect was to make the Zamindars permanent owners of the land subject
to payment of a fixed annual revenue to the Government.

Sadar Sub-division of Chaibasa comprises the present day Kolhan where a

separate system of administration of Civil Justice and other affairs are
transacted under the Rules framed by Thomas Wilkinson, Governor
General's agent in South-West Frontier Agency in 1837.

The Chotanagpur Tenures Act, 1869 was enacted, which provided for
appointment of Commissioners and the Commissioners were empowered
to investigate and ascertain the titles and tenures of all lands within the limit
assigned to him which may be alleged by any person to be held upon
"Bhuinhari and Majhahas" respectively.
Bhuinhari Land Survey started by Loknath Shahi and completed by Babu
Rakhal Das Haldar.

Chotanagpur Landlord and Tenant's Procedure Act was enacted in the

year 1879

CNT Act:
First survey— 1902– Traverse survey
Second survey— 1903– Cadastral survey

The draft of CNT Act was ready in 1903, after some amendments and
modification, CNT was ultimately made effective from 11 November 1908.

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The act was enacted after obtaining approval from the Governor general
under section 5 of Indian Council act, 1892.

Lord Minto-II was the governor general who signed the CNT act

CNT Act Is effective in 18 districts and 4 divisions

CNT Act contains 19 chapters, 271 Articles and 2 schedules

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 Chapter 1– Section 1-3
Section 1– Name and extension
Section-2–Repeal
Section 3–Definitions.

Chapter 2-Classes of tenant:

Section 4 of the CNT Act describes following classes of tenants :-
1. Tenure holders including under-tenure-holders.
2. raiyat, namely
(a) occupancy-raiyats, that is to say raiyats having a right of occupancy in
the land held by them,
(b) non-occupancy raiyats having no such occupancy right.
(c) raiyats having khunt katti rights.
3. under raiyats, that is to say tenants holding whether immediately or
mediately under raiyats.
4. Mundari Khut Kattidar - A Mundari who cleared the jungle and made the
land fit for cultivation and his descendants in the male line.
Section 5 lays down the meaning of a tenure-holder as a person who has
the right to hold the land for the purpose of collecting rents or bringing
under cultivation by establishing tenants.
Raiyat as defined under Section 6 means primarily a person who has
acquired a right to hold land for the purpose of cultivating it.
Section 8 of the CNT Act provides that a Mundari Khuntkattidar means a
Mundari, who has acquired a right to hold jungle land for the purpose of
bringing suitable portion thereof under cultivation by himself or by male
members of his family. The heirs in the male line alone are in the category
of Mundari Khuntkattidar.
From the definition of raiyat as given under Section 6 of the CNT Act, it is
manifest that the Mundari-khunt-kattidaar is not a raiyat, rather they are a
class of tenant within the meaning of section 4 and their special status to
hold land arises on account of bringing the jungle land into cultivation.

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 Chapter 3– Tenure holder
The chapter have provisions regarding tenure holder, enhancement of rent, registration
of certain transfers of the tenure, division of tenure or distribution of rent
Section 9A— gives the provisions under which rent of tenure holders can be enhanced.
Section 10– No Bhumihar, whose lands are entered in any register prepared and
confirmed under the Nagpur tenure act, 1869, shall be liable to any enhancement of
rent.
Section 11 and 12 says that many tenure or portion of it is transferred by succession,
inheritance, sale, gift or exchange ,the transfer or his successor shall get the transfer
registered.

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 Chapter 4– Occupancy Raiyat
Section 16 confers the status of occupancy raiyat on every raiyat who
immediately before the commencement of the Act had a right of occupancy
by custom usage or otherwise whether they had completed 12 years of
cultivation or not.

Section 17–settled raiyat is a person who for a period of 12 years before or

after the commencement of this Act has continuously held as raiyat land
situated in any village.

Section 18– Bhuinhars and Mundari Khunt-Kattidars are to be deemed to

be settled raiyat.

Section 19– Every person who is a settled raiyats of a village has

occupancy rights.

Section 21–Rights of occupancy-Raiyat in respect of use of land. - A Raiyat

may use the land,-
(a) in any manner which is authorised by local custom or usage, or
(b) irrespective of any local custom or usage, in any manner which does
not materially impair the value of the land or render it unfit for the purposes
of the tenancy.

However following activities doesn’t not materially impair the land:

a) the manufacture of bricks and tiles for the domestic or agricultural
purposes of the Raiyatand his family;
b) the excavation of tanks or the digging of wells or the construction of
bandhs and had intended to provide a supply of water for drinking,
domestic, agricultural or pisciculture purposes of the Raiyat and his
family; and
c) the erection of buildings for the domestic or agricultural purposes or
for the purposes of trade or cottage industries of the Raiyat and his
family.

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(3) If an occupancy-Raiyat, who pays for his holding rent in any of the ways
specified in sub-section (1) of Section 61, excavates a tank on such holding
for any purpose mentioned in clause (b) of sub-section (2), the landlord's
share shall be nine-twentieths and the Raiyats share shall be eleven-
twentieths in the produce of such tank.
Section 21A.— Rights of occupancy-Raiyat in trees. - A Raiyat may—
(i) plant trees and bamboos on such land and cut, cut down and
appropriate the same;
(ii) cut, cut down and appropriate any trees or bamboos standing on such
land;
(iii) appropriate the flowers, fruits and other products of any trees or
bamboos standing on such land;
(iv) rear lac and cocoons on trees standing on such land and appropriate
the same :

Section 22–Protection of occupancy-Raiyat from eviction except on

specified grounds. - An occupancy-Raiyatshall not be ejected by his
landlord from his holding, except in execution of a decree for ejectment
passed on the ground,-
(a) that he has used the land comprised in his holding in a manner which is
not authorised by Section 21 or 21-A
(b) that he has broken a condition, consistent with the provisions of this Act,
on breach of which he is, under the terms of a contract between himself
and his landlord, liable to be ejected.

Section 23–Devolution of occupancy rights on death.

Section 23A—Registration of certain transfers of occupancy holdings.

Section 24 and 25 says that it is an obligation over the occupancy to pay

rent. However the rent must be fair and equitable.

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Section 27 lays down that the rent of an occupancy can be enhanced only
by an order of deputy Commissioner under section 29 by the revenue
officer under chapter 12, or under provisions of section 62,94 and 99

Section 25 to 30 has the provisions about enhancement of rent and section

31 to 33 has the provisions about the enhancement of rent of excess area.

Section 36 — when rent of an occupancy holding has been reduced by an

order of deputy commissioner, Such rent shall not again be reduced for a
period of 15 years .

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Chapter 5- Raiyats having KhuntKatti Rights
Chapter 5 of CNT comprised of only one section-
Section-37-The provisions of the act relating to occupancy. Rajat shall
apply to the Raiyats having Khuntkatti rights.

Chapter 6– deals with Non Occupancy Raiyats and describes the initial
Rent and lease of Occupancy Raiyat.

Chapter 7– incorporates only one section 43 mentions the barriers to the

acquisition of right to occupancy on Landlords privileged land and certain
other lands such as lands acquired by Govt., Railways etc.

Chapter 8– include sections 44 to 51. It deals with the leases and transfer
of holding and tenure.
This chapter of CNT act is very important in the sense that it assimilates all
the features of transfer of land, restrictions and conditions on which the
permission of transfer can be given.

Section 46–Restrictions on transfer of their right by Raiyat. -

1.No transfer by a Raiyat of his right in his holding shall be valid by mortgage or
lease for any period which exceed five years, or
(b) by sale, gift or any other contract or agreement, shall be valid to any extent.

Raiyat may enter into a 'bhugut bundha' mortgage of his holding or any portion
thereof for any period not exceeding seven years.
If the mortgagee be a society registered or deemed to be registered under the 'Bihar
and Orissa Co-operative Societies Act, 1935 then the mortgage should not exceed
fifteen years.

But—
a) an occupancy-Raiyat, who is a member of the Scheduled Tribes may transfer with
the previous sanction of the Deputy Commissioner his right in his holding or a

pg. 9
portion of his holding by sale, exchange, gift or will to another person, who is a
member of the Scheduled Tribes and, who is a resident within the local limits of the
area of the police station within which the holding is situate;
(b) an occupancy-Raiyat, who is a member of the Scheduled Castes or Backward
Classes may transfer with the previous sanction of the Deputy Commissioner his
right in his holding or a portion of his holding by sale, exchange, gift, will or lease to
another person, who is a member of the Scheduled Castes or, as the case may be,
Backward Classes and who is a resident within the local limits of the district within
which the holding is situated.
C) Any occupancy-Raiyat may transfer his right in the holding as a mortgage to any
government nationalised land development, cooperative bank for a maximum period
of 15 years
D) Any occupancy-Raiyat who is not a member of “ST/SC/BC” may transfer his right
in his holding to any other person.

Section 46(3)—No transfer of contravention of sub-section (1), shall be registered or

shall be in any way recognised as valid by any Court.
In this section
a)Scheduled Caste" means such castes, races or tribes as are specified in Part II of
the Scheduled to the Constitution (Scheduled Castes) Order, 1950;
(b) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups
within such tribes or tribal communities as are specified in Part II of the Scheduled to
the Constitution (Scheduled Tribes) Order, 1950; and
(c) "Backward classes" means such classes of citizens as may be declared by the
State Government, by notification in the Official Gazette, to be socially and
educationally backward.

It is interesting to note that expressions like S.T, SC or Backward classes were

totally absent under the original CNT Act 1908 and there was complete restriction on
the transfer of the right by raiyat.

Section 48– the transfer of Bhuinhari land will take place in the same manner and to
the same extent as a scheduled tribe member may transfer his right under section
46.

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Section 49—Any occupancy raiyat may transfer he is holding or tenure. Despite
anything contained in section 46, 47,48 for the following purpose.
1. If the state government declares the use of land for any industrial purpose.
2. If the state government declares the use of land for the purpose of mining.

In section 49, there was an amendment by CNT amendment act, 1975, according to
which the power has been given to the state government to annul the transfer if the
consent of DC has been obtained in contravention of provisions of subsection by
misrepresentation or fraud. If the claim is made within 12 years from the date on
which written consent is given by Deputy Commissioner, in regard to transfer of
holding of occupancy raiyat belonging to member of ST.

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Chapter 9 of CNT act has section 51 a to 63, regarding “General Presumption as to
Rent”
The chapter mainly deals with the —
Fixity of rent( 51A)
Instalment of rent ( 52)
Methods of payment(53)
Receipt of rent and interest thereon(54)
Deposit of rent in the court of deputy commissioner( 55)
Procedure on receipt of deposit and payment of the same(56)

Chapter 9A-deals with Settlement of Wasteland

Section 63A— The Wasteland can be settled by a Patta.
Section 63B—If the wasteland is not being brought under cultivation within a period
of five years, it shall be open to the deputy commissioner to make a settlement or
set aside the settlement.

Chapter 10: Miscellaneous provisions as to land Korkar-

The word “Korkar” means making jungle land West land or uncultivated
land fit for rice cultivation by putting an embankment or artificially levelling
it.
Section 64– a cultivator or landless labour of the village had the right to
make jungle land, wasteland or uncultivated land into Kokar by the
permission of deputy commissioner.

Section 67A— Whenever raiyat converts land into Kokar, no rent shall be
payable until after a period of four years from the end of agriculture year in
which the first crop is harvested.

Section 71A— If the land of a person belonging to ST community is

unlawfully transferred, then the deputy commissioner may evict the
transferee and re-restore it to the transferor.
If the transferee has constructed any building or structure within 30 years
from the date of transfer, the DC shall order the transferee to remove the
building within six months if the transferor is not willing to pay the value of
construction.

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Section 73– If a raiyat abandons the land voluntarily without notice to
landlord and failed to pay his rent, The landlord may enter the holding and
let it to another tenant but the landlords shall notify The deputy
Commissioner before entering into the holding.

Chapter 11 of the CNT Act describes the customs and contracts. it

emphasises on saving the customs and contract.

Chapter 12 of CNT act includes section 80 to 100A which are mainly

concerned with records of rights, its publication and settlement of fair rent.
Section 80–The State Government may make an order directing that a
survey be made and a record-of-rights be prepared, by a Revenue Officer
in respect of the lands in any local area, estate, or tenure or part thereof.

Section 98 says that once the record of rights are made, it cannot be
altered before 15 years.

Chapter 13 of CNT act mentions the praedial condition, the commutation

and appeal revision, procedure of the records made under the record of
rights.

Chapter 14 of the Act includes the sections related with the landlord’s
privilege land
Section 118 defines landlord’s privileged land

Chapter 15 of the CNT act, incorporates sections 127 to 134. It describes

the record of rights and obligations of Raiyats having “Khuntkatti rights,
village headman and other classes of tenants.

Chapter 16 of the act mentions the judicial procedure in matters,

cognizable by deputy commissioner.

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Chapter 16 A of CNT act contains only one section 220 9A. It provides
summary procedure for the recovery of rent under Bihar and Orissa Public
demand recovery act, 1914

Chapter 17 of CNT act mentions the application of the Indian limitation act
and other related provisions

pg. 14
Chapter 18 of the act incorporates section 239 to 256. It contains a special provision
with respect to “Mundari Khuntkattidar”

Section 240– Any “Mundari Khuntkattidar”, tenure shall not be transferred in the
execution of a decree of any court or any order. But for the repayment of loan
against any mortgage other than “BhugutBandha” mortgage, the tenure can be
transferred by the court decree or by the order of DC.

Chapter 19 of the act, incorporates section 257 to 221. It has supplementary

provisions.

Section 258– Bar to suits in certain cases - No suit shall be entertained in any Court
to vary, modify or set aside, either directly or indirectly, any decision order or decree
of any Deputy Commissioner or Revenue Officer in any suit, proceeding under
Section 20, Section 32, Section 35, Section 42, Section 46 (4) ,Section 49, Section
50, Section 54, Section 61, Section 63, Section 65, Section 73 [Section 74-A)],
Section 75, Section 85, Section 86, Section 87, Section 89, or Section 91 (Proviso),
or under Chapter 12, 14,15,16 or 18, except on the ground of fraud or want of
jurisdiction .
******************************************************
TYPES OF REVENUE REGISTERS
Register I-A
Jamabandi Register is prepared under Survey Settlement operation under CNT and
SPT Act. The entry in the register is called khatian. It has 17 columns but entries are
made in 14 columns as per the particulars given in Section 81 of the CNT Act.

Register I-B
Continuous Khatian is maintained in Form I of The Bihar Tenant
Holding(Maintenance of Records) Rules 1976 .Register IB is called continuous
Khatian. Where there has not been a revisional survey this register will be in form I
A. Where there has been a survey and record of rights prepared it will be updated in
form I B (the continuous Khatian).
The tahsildar is not permitted to make any alteration or correction either in the
Register IA or IB continuous khatian, except by the general or special order of the
khasmahal Deputy Collector.

Register II -
Tenant's Ledger or Rent Roll

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It is maintained in Form No. 2 of Bihar Tenant Holding(Maintenance of Records)
Act 1975. It is prepared on mutation of the land after the change of tenant and/or
their rent roll.

Types of survey
There are four types of surveys
1. Thakwast survey
2. Cadastral survey
3. Revenue survey
4. Revisional Survey.

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pg. 17
 All
the best
for your

JPSC Prelims
Examination
By Avinash Sir, Inderjeet Sir and Amit Sir

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