Table of Contents

Raiyat under CNT Act, 1908

Raiyat under CNT Act, 1908

Meaning of “Raiyat” [ section – 6]

(1) A “Raiyat” is someone who has the right to hold land to grow crops. This can be done by themselves, their family members, hired workers, or with partners. It also includes those who inherit this right. However, it does not include a Mundari-khunt-kattidar.

Explanation: If a tenant can cultivate the land, they are considered to have the right to hold it for that purpose, even if they are using it to collect produce or graze cattle.

(2) To be called a Raiyat, a person must hold land directly from a proprietor, a tenure-holder, or a Mundari-khunt-kattidar.

(3) When deciding if a tenant is a tenure-holder or a Raiyat, the Court will consider:

(a) local customs, and

(b) the reason the tenant originally got the right to the land.

Meaning of “Raiyat having khunt-katti rights” [ section 7]

The phrase “Raiyat having khunt-katti rights” refers to a Raiyat who occupies or has a title to land that was cleared from the jungle by the original founders of a village or their male descendants. To be considered a Raiyat with khunt-katti rights, the person must be a member of the founding family or a male descendant of that family.

A Raiyat will only have khunt-katti rights to land if they, along with their ancestors, have held or inherited that land from the original village founders.

This Act does not affect the rights of anyone who has legally acquired a khunt-kattidari tenancy before this Act came into effect.

Meaning of – “Mundari-khunt-kattidari” [ section – 8]

The term “Mundari-khunt-kattidari” refers to a Mundari who has obtained the right to hold jungle land for the purpose of cultivating it, either by themselves or by male members of their family. This designation includes:

Male heirs of the Mundari who possess or have a claim to the land.
Male descendants who have continuously occupied parts of the land with the original Mundari.

Occupancy-raiyat

Continuance of existing occupancy rights [Section – 16 ]

1.Right of Occupancy: Every Raiyat who had a right to occupy land before this Act starts will keep that right, even if they have not cultivated or held the land for the last twelve years.

Exclusion of Areas: If any area is excluded from this Act by a notification, this does not change any rights, obligations, or liabilities that were already assigned to that area, including those in municipalities defined by the Jharkhand Municipal Act, 2002, or within cantonment areas.

Definition of ‘settled Raiyat’ [ section – 17 ]

1. Becoming a Settled Raiyat: If you hold land as a ‘Raiyat’ in a village for twelve years, you will be considered a settled ‘Raiyat’ of that village, even if your holding came before or after this Act began.

2 . Continuity of Holding: You can still be seen as continuously holding land in a village, even if the exact land you held changed over time.

3. Inheritance: If you inherit land from someone who was a ‘Raiyat’, you will also be considered a ‘Raiyat’.

4. Co-ownership: If two or more people share land as ‘Raiyat’ holders, each owner will be viewed as having held that land as a ‘Raiyat’.

5. Duration of Status: You will stay a settled ‘Raiyat’ as long as you hold any land in that village and for three more years after you stop holding land.

6. Recovering Land: If you regain possession of your land through legal means or under Section 71, you will still be a settled ‘Raiyat’, even if you were out of possession for over three years.

7. Proving Continuous Holding: In any legal matter, if it is shown or accepted that you hold land as a ‘Raiyat’, it is presumed that you have continuously held that land or part of it for twelve years unless proven otherwise.

Settled Raiyats to have occupancy-rights [ section – 19 ]

Every person who is a settled Raiyat of a village within the meaning of Section 17 or Section 18 shall [subject to the provisions of Section 43] have a right of occupancy in all for the time being held by him as a Raiyat in that village.

Rights of occupancy-Raiyat in respect of use of land [ section – 21 ]

When a Raiyat has a right of occupancy on any land, they can use the land in the following ways:

According to Local Custom : They may use it as allowed by local customs.
Without Causing Harm : They can use it in any way that doesn’t significantly impair its value or suitability.

Permitted Activities : The following activities do not impair the land’s value:

– Manufacturing bricks and tiles for personal use.

– Excavating tanks, digging wells, or building structures for water supply or agricultural purposes.

– Erecting buildings for domestic, agricultural, trade, or cottage industry use.

Produce Sharing : If a Raiyat excavates a tank on their holding, the crop produce will be shared as nine-twentieths for the landlord and eleven-twentieths for the Raiyat.

Protection of occupancy-Raiyat from eviction except on specified ground [ section – 22]

An occupancy-Raiyat cannot be ejected from their holding by the landlord except through a legal decree for ejection based on specific grounds. These grounds include:

(a) The Raiyat’s unauthorized use of the land as outlined in Section 21 [or 21-A].

(b) The Raiyat’s violation of a contractual condition that is consistent with the provisions of the Act, which makes them liable for ejection.

Devolution of occupancy right on death [section – 23]

If a Raiyat dies without a will concerning their occupancy rights, these rights will transfer according to the rules of local custom, similar to other immovable property. However, if the Raiyat’s other property transfers to the Government under applicable inheritance laws, their right of occupancy will be extinguished.

Incidents of tenancy of Raiyats having khunt-katti rights [section -37]

The rules in this Act for occupancy-Raiyats also apply to Raiyats with ‘khunt-katti’ rights. Here are the key points:

(a) If there is a written contract when the tenancy starts, the rent for land with ‘khunt-katti’ rights cannot be raised if the tenancy began more than twenty years before this Act started.

If an order increases the rent for a Raiyat with ‘khunt-katti’ rights, the new rent cannot be more than half of what an occupancy Raiyat pays for similar land with the same benefits in the same village.

Non-Occupancy Raiyats

A “non-occupancy Raiyat” under the Chotanagpur Tenancy Act of 1908 is a tenant without the security of tenure and rights to transfer or inherit the tenancy. They pay rent to the landowner but have less protection and claim to the land compared to occupancy Raiyats, making their tenancy more precarious.

Initial rent and lease of non-occupancy-Raiyat [section – 38 ]

A non-occupancy Raiyat must pay rent when they start using the land, and the amount is agreed upon with the landlord at that time. They are only entitled to a lease based on the rates and terms agreed upon. This is subject to any local customs or practices.

Conditions of enhancement of rent of non-occupancy-Raiyat [ section – 40]

The rent of nonoccupancy Raiyat shall not be enhanced except by registered agreement or by agreement under Section 42.

Grounds on which non-occupancy Raiyat may be rejected [ section -41]

A non-occupancy Raiyat can be removed from the land for specific reasons outlined in the law. These reasons include:

(a) Not paying rent for two agricultural years within ninety days after the start of the third agricultural year.

(b) Using the land in a way that is not allowed by local customs or practices, or that significantly reduces the land’s value or makes it unsuitable for its intended use.

(d) If the Raiyat has a registered lease and the lease term has ended.

(e) Refusing to pay a fair rent determined under Section 42, or when the time they can hold the land at that rent has run out.

Conditions of ejectment on ground of refusal to agree to pay a fair and equitable rent [ section – 42 ]

(1) A landlord cannot evict a non-occupancy Raiyat for refusing to pay fair rent without first offering a rent agreement. If the Raiyat refuses to sign it within six months, the landlord can proceed with the eviction.

(2) The landlord must submit the agreement to the Deputy Commissioner’s office for service to the Raiyat.

(3) After filing, the Deputy Commissioner will deliver the agreement to the Raiyat as outlined in Section 264.

(4) Once served, the agreement is considered offered.

(5) If the Raiyat signs and files the agreement within one month, it takes effect at the start of the next agricultural year.

(6) The Deputy Commissioner will notify the landlord once the agreement is filed.

(7) If the Raiyat does not sign, they are deemed to have refused.

(8) Should the Raiyat refuse to sign and the landlord files for eviction, the Deputy Commissioner will determine fair rent.

(9) If the Raiyat agrees to the rent set, they can stay for five years. After that, they may be evicted unless they have a right of occupancy.

(10) If the Raiyat rejects the rent, the Deputy Commissioner will order their eviction.

The Deputy Commissioner will set fair rent by comparing it to what other non-occupancy Raiyats pay for similar land in the area.

Kiran Giri vs. State of Jharkhand [2002] : This case addressed the issue of non-occupancy Raiyats and the conditions under which they can be evicted. The court ruled that non-occupancy Raiyats are entitled to certain protections, including fair rent assessments and the right to appeal against eviction orders.

Chotanagpur Tenancy Act 1908 Notes Chotanagpur Tenancy Act 1908 Notes Chotanagpur Tenancy Act 1908 Notes

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Raiyat under CNT Act, 1908

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Raiyat under CNT Act, 1908

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Raiyat under CNT Act, 1908

Raiyat under CNT Act, 1908

Raiyat under CNT Act, 1908