CourtMesh

Section 16: Raiyat’s right to construct bandhs, etc. on his own holding and to enjoy fish and other produce

Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949State Act of Bihar · Act 14 of 1949

A raiyat may construct or excavate on his own holding or on land settled with him bands, agars, tanks, wells and the like water reservoirs and channels in a reasonable manner and to the extent required for drinking or other domestic purposes and purposes of irrigation, as the case may be, without the permission of the landlord, provided no injury is cased to others by such construction or excavation. If there is any dispute as to whether or not any injury has been or is likely to be caused to any other person by such construction or excavation, the Deputy Commissioner may decide the same and pass such order as he deems fit and proper. The raiyat shall enjor the fist and other produce of such water reservoirs and channels free of charge.

17. Rights of raiyats in trees on his own holding --- (1) Notwithstanding anything to the contrary contained in this Act or any other law or anything having the force of law in the Santal Parganas, a raiyat may—

(3) A village headman shall have the option to give at any time cash security instead of, or to supplement, the security of his land. The Deputy Commissioner shall fix the amount of such cash security which when paid shall be palced in revenue deposit.

8. Landlord to supply copies of jamabandi and record-of-rights to newly-appointed village headman. – Whenever a person other than an heir of the last village headman is appointed a village headman, it shall be the duty of the landlord to supply the village headman with the original jamabandi or copies thereof certified in the prescribed manner and the record-of-rights of the village within three months from the date of appointment.

9. Non-transferability of village headman’s office. – The village headman shall have no right to transfer his office in any way.

10. Only land recorded as such to be treated as mularaiyat ka jote and mulraiyati jote. --- No land which is not recorded as such shall be recognised or treated as mulraiyat ka jote (private holding) or as mulraiyat jote (official holding). Any waste land which is reclaimed by a mulraiyat or a co-mulraiyat or any vacant holding which is found in the possession of or is settled with a mulraiyat or a co-mulraiyat shall be treated as non-transferable raiyati holding governed by the provisions of this Act relating to such raiyati holdings.

11. Headmen’s reward fund. – All fines imposed upon, and realised from village headmen, mulraiyat and raiyats under this Act shall be deposited in to a fund to be known as the headmen’s reward fund. Management of and disbursement from this fund shall be made by the Deputy Commissioner in accordance with prescribed rules.

CHAPTER III RAIYATS

12. Classes of raiyats – There shall be for the purposes of this Act the following classes of raiyats, namely, --

(a) Resident jamabandi raiyats, that is to say, persons recorded as jamabandi raiyats who reside or have their family residence in the village in which they are recorded.

(b) Non-resident jamabandi raiyats, that is to say persons recorded as jamabandi raiyats who do not reside or have their family residence in the village in which they are recorded.

(c) new raiyats, that is to say, person recorded as naya raiyats or nutan raiyats.

(a) Plant trees, orchards and bamboos on any land in his holding and cut, fell and appropriate the same.

(b) Cut, fell and appropriate any trees or bamboos standing on such land :

Provided that no mahua tree shall be cut without the permission of the Sub-divisional Officer.

(c) Appropriate the flowers, fruits and other products of any trees or bamboos standing on such land:

1[Provided that if there is any specific entry in the latest record-or-rights regarding any tree or bamboo which was standing on any such land before the date of the final publication of such record-of-rights to the effect that any right in such trees or bamboos belongs to any person other than the ladlord of such land, the right of the raiyat in such tree of bamboo shall be exercised in accordance with, any subject ot, any such entry.]

(2) A raiyat shall have the right to grow lac or rear silk cocoon free of charge on trees planted by him on his holding.

Where this provision sits

ActSanthal Parganas Tenancy (Supplementary Provisions) Act, 1949
Section16
Marginal noteRaiyat’s right to construct bandhs, etc. on his own holding and to enjoy fish and other produce
JurisdictionState of Bihar
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.