Santhal Pargana Tenancy Act (SPT Act)

The Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949, commonly known as the Santhal Pargana Tenancy Act (SPT Act), is a special legislation enacted to protect the land rights of the tribal population residing in the Santhal Parganas region. This Act is one of the most important tenancy laws in eastern India, specifically designed to safeguard the interests of aboriginal communities by regulating land ownership, tenancy, and transfer in a manner consistent with their traditional systems and socio-economic conditions. It continues to hold immense significance in the context of Jharkhand’s land governance and tribal welfare.

Historical Background

The origin of the SPT Act is deeply rooted in the history of the Santhal Parganas, a region comprising the present-day districts of Dumka, Deoghar, Godda, Pakur, and Sahibganj in Jharkhand. During the British colonial period, these areas experienced large-scale alienation of tribal land owing to exploitative moneylending practices, revenue settlements, and encroachments by non-tribal settlers. The discontent resulting from such practices culminated in the Santhal Rebellion of 1855–56, a significant tribal uprising against British authority and the zamindari system.
In the aftermath, the British introduced the Santhal Parganas Settlement Regulation III of 1872 and later the Santhal Parganas Tenancy Act of 1876, which aimed to recognise tribal land rights and prevent their transfer to outsiders. However, these early measures were found to be inadequate in addressing evolving land problems. After India’s independence, the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 was enacted to consolidate, codify, and strengthen these existing tenancy protections while adapting them to new administrative realities.

Objectives of the Act

The principal objectives of the SPT Act 1949 include:

• Protection of tribal land holdings from alienation and illegal transfer.
• Preservation of traditional land systems and recognition of customary occupancy rights.
• Prevention of exploitation of aboriginal raiyats (cultivators) by landlords and moneylenders.
• Regulation of tenancy, inheritance, and transfer in accordance with tribal customs.
• Maintenance of peace and order in a region with sensitive socio-cultural composition.

Through these objectives, the Act sought to secure both economic stability and cultural continuity among the tribal people of the region.

Key Definitions and Terminology

The Act contains several crucial definitions that frame its scope and application:

• Raiyat: A person who holds land for the purpose of cultivation.
• Aboriginal: Persons belonging to the notified tribal or semi-tribal castes or communities residing in the Santhal Parganas.
• Holding: The parcel of land held by a raiyat as recorded in the official record of rights.
• Landlord: A person under whom a raiyat holds land.
• Record-of-rights: The official document that records the names of tenants, their holdings, and the nature of their rights.

These definitions are central to determining who is entitled to hold, transfer, or inherit land within the Santhal Parganas.

Salient Provisions of the Act

1. Restriction on Transfer of Land (Section 20): The most important provision of the SPT Act is the restriction on transfer of raiyati holdings. No raiyat can transfer his land by sale, gift, mortgage, lease, or will unless such a right has been specifically recorded in the record-of-rights. Even when the right exists, transfer is permissible only under strict conditions. For aboriginal raiyats, the transferee must be a bona fide cultivator belonging to the same pargana or taluk, ensuring that land remains within the community.
2. Usufructuary Mortgage (Section 21): The Act allows limited transfer of land through bhugut-bandha, or complete usufructuary mortgage, primarily to banks, co-operative societies, or institutions for securing agricultural loans. This mechanism provides financial flexibility without risking permanent alienation of land.
3. Inheritance and Succession: The Act upholds traditional and customary inheritance systems among tribal communities. Land rights pass to heirs as per local customs and practices rather than the general laws of inheritance applicable elsewhere in India.
4. Protection against Illegal Occupation (Section 42): If a person has occupied or reclaimed land in violation of the Act, the Deputy Commissioner is empowered to evict such a person and restore the land to the rightful raiyat or community.
5. Jurisdiction and Bar of Civil Courts (Section 63): Disputes arising under the SPT Act are to be decided by revenue authorities rather than ordinary civil courts. This ensures expeditious settlement of land disputes through specialised administrative mechanisms.
6. Record of Rights and Tenancy Registers: The maintenance of updated and accurate land records is a statutory requirement. The record-of-rights serves as the primary evidence for determining lawful possession, tenancy status, and transferability.

Significance of the SPT Act

The Act holds enormous socio-economic and legal significance for the Santhal Parganas region. Its primary purpose is the protection of tribal land tenure systems, which form the basis of identity, livelihood, and social cohesion among tribal communities. Some key aspects of its importance include:

• Preservation of tribal identity: By restricting land alienation, the Act prevents the disintegration of tribal communities and ensures continuity of cultural heritage.
• Economic security: It safeguards cultivators from losing their land due to debt or coercion, ensuring subsistence and livelihood stability.
• Administrative control: The Act provides a structured system of governance and adjudication through revenue officials, reducing dependence on conventional courts.
• Social justice: It acts as a legislative measure to correct historical injustices and exploitation inflicted upon the indigenous population.

Advantages of the SPT Act

• Protection from exploitation: The non-transferability clause prevents moneylenders and traders from acquiring tribal land through manipulative transactions.
• Empowerment of local communities: By recognising customary laws and village-level authority, the Act strengthens local self-governance.
• Conservation of land resources: Restrictions on sale and mortgage help prevent fragmentation and unsustainable land use.
• Promotion of social harmony: The Act reduces land-related conflicts between tribal and non-tribal populations by defining clear ownership and transfer rules.

Disadvantages and Criticisms

Despite its noble intent, the Act faces several criticisms and practical challenges:

• Economic rigidity: The restriction on transfer and mortgage limits the ability of tribal farmers to use land as collateral for credit, thereby constraining agricultural investment.
• Administrative inefficiency: Outdated land records, bureaucratic delays, and limited capacity of revenue officers have hindered effective enforcement.
• Informal alienation: In many cases, illegal transfers and benami transactions continue to occur, defeating the purpose of the legislation.
• Conflict with modern development: Infrastructure projects, mining operations, and industrialisation efforts often face obstacles under the Act, leading to friction between development goals and tribal rights.

Contemporary Relevance

The SPT Act remains highly relevant in modern Jharkhand. Attempts to amend the Act—particularly to allow commercial or non-agricultural use of tribal land—have sparked major political and social controversies. Protests by tribal organisations, notably during the Pathalgadi movement, emphasised the community’s resistance to perceived dilution of their land rights.
The Act continues to serve as a symbol of tribal autonomy and a legal shield against large-scale displacement. It exemplifies the broader policy approach of protective discrimination enshrined in the Constitution, particularly under Fifth Schedule areas, where tribal land and governance are afforded special protection.

Legal and Educational Importance

For students of law, political science, and public administration, the SPT Act serves as a case study in specialised regional legislation designed to balance customary practices with statutory governance. It illustrates the complexities involved in combining traditional land systems with modern principles of rule of law and economic development.