SPT Act 1949 Chapter 3: Rights of Raiyats

Rights of Raiyats: SPT Act 1949 Chapter 3 is the most significant part of the Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949 for JPSC aspirants. It defines the relationship between the farmer (Raiyat) and the land, focusing on usage rights and the strict legal barriers against land alienation.

Table of Contents

🌾 Classes of Raiyats (Section 12)

Before understanding rights, you must know the three categories of raiyats defined under Section 12 of the SPT Act:

Resident Jamabandi Raiyats: Recorded tenants who reside or have a family residence in the village.
Non-Resident Jamabandi Raiyats: Recorded tenants who do not reside in the village.
New Raiyats (Naya/Nutan Raiyats): Persons newly recorded as raiyats.

🛠️ Rights of Raiyats: What can a Raiyat do? (Sections 13–18)

The Act provides broad permissions for agricultural and domestic improvements, provided they don’t “materially impair” the land’s value.

1. Land Use and Ejectment (Sections 13 & 14)

Usage: A raiyat may use land according to local custom or in any manner that doesn’t render it unfit for cultivation.
Protection: A landlord cannot eject a raiyat for misuse without a formal order from the Deputy Commissioner (DC).

2. Domestic and Agricultural Infrastructure (Sections 15–18)

Bricks & Tiles (Section 15): Raiyats can manufacture bricks/tiles for domestic or agricultural use for free.
Water Reservoirs (Section 16): Raiyats can construct tanks, wells, or bandhs for irrigation or domestic use. They enjoy exclusive rights to fish and produce from these waters.
Trees & Produce (Section 17): Raiyats have full rights to plant, cut, and appropriate trees on their holdings.
- Crucial Exception: No Mahua tree can be cut without the prior permission of the Sub-divisional Officer (SDO).
Buildings (Section 18): Raiyats have the right to erect kutcha or pucca buildings for domestic or agricultural purposes.

🛡️ The Shield: Restriction on Land Transfer (Section 20)

Section 20 is the “Heart of the SPT Act.” It is designed to prevent tribal land from being seized by outsiders.

General Prohibition: No raiyat can transfer land (sale, gift, mortgage, or lease) unless the right to transfer is explicitly recorded in the Record-of-Rights.
Aboriginal Transfers: An aboriginal raiyat can only transfer land to another bona fide aboriginal raiyat of the same Pargana/Taluk with DC permission.
Gift Exceptions: A Santhal raiyat can gift land to a sister or daughter with written permission from the DC.
Maintenance: An aboriginal raiyat can grant up to half their holding to a widowed mother or wife for maintenance after their death.

🏦 Mortgages and Temporary Trusts (Sections 21–22)

1. Bhugut-Bandha Mortgage (Section 21)

Non-aboriginal raiyats can enter a complete usufructuary mortgage (Bhugut-bandha) under specific conditions:

Limit: Up to one-fourth of their paddy or first-class bari lands.
Duration: Maximum 6 years. After the term ends, the DC will automatically deliver possession back to the raiyat.

2. Temporary Trust for Cultivation (Section 22)

A raiyat can temporarily hand over land to another raiyat for cultivation (without it being a “transfer”) in cases of:

Temporary absence from the village.
Sickness or physical incapacity.
Loss of plough cattle.
The raiyat being a widow or minor.
Notification: The Village Headman and SDO must be informed via registered post.

⚡ Quick Bite for Revision

Section 17: Permission to cut Mahua trees must come from the SDO.
Section 20: The primary barrier against illegal land transfer.
Section 21: Bhugut-bandha mortgage is limited to 6 years.
Section 23: Exchange of land is only allowed if lands are of equal value and both parties are Jamabandi raiyats.

❓ Frequently Asked Questions

Q1: Can land be sold to satisfy a bank loan? A: Yes. Under the amendment in Section 20(2), a raiyat can mortgage land to a Scheduled Bank or Government society for agricultural credit. However, if the raiyat is aboriginal, the land can only be sold to another aboriginal person.

Q2: What is the penalty for illegal transfer? A: Under Section 20(5), the DC has the power to evict any person in unauthorized possession and restore the land to the original raiyat or their heirs.

Q3: Can a raiyat exchange land with someone from a different village? A: Yes, but only if the villages are contiguous (touching boundaries) and the lands are of the same value (Section 23).

🏛️ Previous Year Questions (PYQs) – JPSC Prelims

Q1. Under the Santhal Pargana Tenancy Act 1949, which section describes the ‘Classes of Raiyats’?

A) Section 10
B) Section 12
C) Section 13
D) Section 15
Answer: B) Section 12 (Often asked to test basic structural knowledge of the Act).

Q2. Under Section 20 of the SPT Act, an aboriginal raiyat may transfer his holding by gift to his sister or daughter, provided he obtains the written permission of:

A) The Village Headman
B) The Sub-divisional Officer
C) The Deputy Commissioner
D) The Commissioner
Answer: C) The Deputy Commissioner (This highlights the DC’s role as the primary guardian of tribal land).

Q3. Which section of the SPT Act 1949 restricts the transfer of a raiyat’s right in his holding?

A) Section 19
B) Section 20
C) Section 21
D) Section 22
Answer: B) Section 20 (This is arguably the most repeated question in JPSC history regarding the SPT Act).

Q4. As per the SPT Act, for what maximum period can a non-aboriginal raiyat mortgage his land under ‘Bhugut-Bandha’?

A) 5 years
B) 6 years
C) 10 years
D) 15 years
Answer: B) 6 years (Usually contrasted with the CNT Act, where the duration for similar mortgages can differ).

Q5. Under Section 17 of the SPT Act 1949, whose prior permission is required for a raiyat to cut a Mahua tree?

A) Deputy Commissioner (DC)
B) Village Headman
C) Sub-divisional Officer (SDO)
D) Circle Officer (CO)
Answer: C) Sub-divisional Officer (SDO)

Q6. What is the maximum duration for a ‘Bhugut-bandha’ mortgage under Section 21 of the SPT Act?

A) 3 years
B) 6 years
C) 12 years
D) 15 years
Answer: B) 6 years

Q7. Which section of the SPT Act 1949 is often referred to as the “Heart of the Act” because it restricts the transfer of raiyati land?

A) Section 13
B) Section 18
C) Section 20
D) Section 25
Answer: C) Section 20

Q8. According to Section 12, which of the following is NOT a recognized class of raiyat?

A) Resident Jamabandi Raiyat
B) Non-Resident Jamabandi Raiyat
C) New (Nutan) Raiyat
D) Landless Raiyat
Answer: D) Landless Raiyat

Q9. Under Section 22, a raiyat may temporarily trust their land to another person for cultivation in which of the following circumstances?

A) Sickness or physical incapacity
B) Loss of plough cattle
C) Temporary absence from the village
D) All of the above
Answer: D) All of the above

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