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Definitions.-In this Act, unless there is anything repugnant in the subject or context,- (i) ‘aboriginal’ means a person who belongs to an aboriginal or semi- aboriginal tribe or caste specified in Schedule B and includes a person belonging to such other aboriginal or semi-aboriginal tribe or caste as may, from time to time, be notified by the 1[State] Government in this behalf; (ii) “Agricultural year” means, where the Bengali year prevails, the year commencing on the first day of Baisakh, where the Fails year prevails the year commencing on the first day of Asin, where any other year prevails for agricultural purposes, that year; (iii) “bhugut-bandha or complete usufructuary mortgage” means a transfer of the interest of a raiyat in his holding or part of the holding for the purpose of securing the payment of money advanced or to be advanced by way of loan, upon the condition that the loan, with all interest thereon, shall Be deemed to be extinguished by the profit arising from the holding or part of the holding during the period of the mortgage; (iv) 1[“Commissioner’ means the Commissioner of the Santhal Parganas Division]; (v) “Community” means the social group to which a person belongs and for the purposes of this Act there shall be two such groups, aboriginal and non- aboriginal; (vi) “Deputy Collector” includes an Assistant Collector and a Sub-Deputy Collector; (vii) 2[“Deputy Commissioner” means the Deputy Commissioner of the 3Dumka, Sahibganj, Godda, Deoghar, Pakur and includes],- (a) Additional Deputy Commissioner, Sub-divisional Officer or Deputy Collector, empowered by the 4[State] Government to discharge any of the functions of Deputy Commissioner under this Act; and (b) any Deputy Collector, whom, subject to the control of the 5[State] Government, the Deputy Commissioner may, by general or special order, authorise to exercise any of his functions under this Act; COMMENTS Deputy Commissioner- Prior to the enactment of the Bihar Santal Parganas Vidhi (Amendment) Act, 1984 (which came into force on 26/05/1984),under clause (vii) of Section 4 Deputy Commissioner for the purpose of SPT Act, 1949 means only the Deputy Commissioner of Santal parganas. [Hari Ballabh Narain v. State of Bihar, 1991 (1) PLJR 632]. The word “Deputy Commissioner” has been defined in Section 4 (vii) and it means and includes “Additional Deputy Commissioner”, Sub-Divisional Officer or Deputy Collector empowered by the State Government to discharge any of the functions of the Deputy Commissioner under the SPT Act, 1949. [Probodh Kumar v. Commissioner, 1988 PLJR 811]. Sections 59 and 4, Clause (vii)-Notice under Section 69 of the Act by Deputy Commissioner of Deoghar dated 03/02/1984- Quashing of-Power conferred on 26th May, 1984- Notice without jurisdiction quashed. [Hari Ballabh Narain v. The State of Bihar, 1991 (1) BLJR 643]. NOTIFICATION S.O. 12, dated the 6th January, 1989.- In exercise of the powers conferred by section 4 (ii) A of the Santhal Parganas Tenancy (Supplementary Provision) Act, 1949 (Bihar Act 14,1949), the Governor of Bihar is pleased to empower Shri Ras Bihari Pandey, Additional Collector, Deoghar to discharge the function of the deputy Commissioner under the said Act within the limit of his administrative jurisdiction. S.O 14, dated the 6th January, 1989.- In exercise of the powers conferred by Section 4 (ii) A of the Santhal Parganas Tenancy (Supplementary Provision) Act, 1949 (Bihar Act 14, 1949) the Governor of Bihar is pleased to empower Shri Ram Bachan Tiwari, Deputy Collector , Deoghar to discharge the function of the Sub-divisional officer under the said Act within the limit of his administrative jurisdiction till the Sub-divisional Officer is not posted at Deoghar. la0 9 losZLFkk0 ¼jk0½ 77@91&2644jk0 & laFkky ijxuk dk’rdkjh ¼vuqiwjd mica/k½ vf/kfu;e] 1949 ¼fcgkj vf/kfu;e 14]1949½ /kkjk 4 (VII,) ds v/khu iznÙk ‘kfDr;ksa dk iz;ksx djrs gq, fcgkj ds jkT;iky mDr vf/kfu;e dh /kkjk 20 ¼V½ ,oa 42 ds vUrxZr Jh jke fuokl ‘kkL=h] izHkkjh inkf/kdkjh] nqedk cUnkscLr dks muds vf/kdkfjrk {ks= nqedk] xksM~Mk] nso?kj ,oa lkgscxat esa mik;qDr dh ‘kfDr;ksa dk mi;ksx djus ds fy, izkf/kd`r djrs gSa]] (viii) “Holding” means a parcel or parcels of land held by a raiyat and forming the subject of a separate tenancy” (ix) “khas village” means a village in which there is no mulraiyat nor for the time being any village headman irrespective of whether there was or was not previously a mulraiyat or village headman in the village; (x) “landlord” means a person other than the village headman or mulraiyat entitled to receive rent and includes a proprietor, a tenure-holder, a ghatwal and the 1 Government; (xi) “non-aboriginal” means a person who does not belong to any aboriginal or semi-aboriginal tribe or caste specified in Schedule B or to any other aboriginal or semi-aboriginal tribe or caste notified by the 2[State] Government under clause (i) of Section 4; (xii) “prescribed” means prescribed by rules made by the 3[State] Government under this Act; (xiii) “raiyat” means a person not being a landlord, who has acquired a right to hold land for the purpose of cultivating it by himself or by members of his family or by hired servants; and includes the successor in interest of a person who has acquired such a right; Explanation. – A village headman shall be deemed to be a raiyat in respect of his private holding if any. (xiv) “Recorded” means recorded in the record-of-rights; (xv) “Rent” means whatever is lawfully payable in money by– (a) a village headman or mulraiyat of a village to the landlord of that village in accordance with the record- of-rights hereinafter referred to as village rent, or (b) a raiyat, on account of the use or occupation of the land held by him to h is landlord, either directly or through a village headman or mulraiyat as the case may be, and includes all dues (other than personal services) which are recoverable under any law for the time being in force as if they were rent; (xvi) “Santal Civil Rules” means the directions issued by the 1[State] Government for observance in the administration of civil justice in the Santal Parganas by officers appointed under Clause (2) Section 1 of the Santal Parganas Act, 1855 (37 of 1855). 2[(xvii) “Santhal Parganas” means the Santal Parganas Division comprising of Dumka, Sahibganj, Godda and Deoghar districts.] (xviii) “Settlement rate of rent’ means the rate of rent mentioned as settlement rate in the record-of-rights. 3[(xix) “tenant’’ includes a tenure-holder, village headman and mulraiyat;] (xx) “Vacant holding” means an abandoned holding or holding of which the raiyat has died without heirs; (xxi) “Village” means,- (a) the area defined, surveyed and recorded as a distinct and separate village in the map and record-of-rights prepared under any law for the time being in force, and (b) Where a survey has not been made and a record-of- rights has not been prepared under any such law, such area as the Deputy Commissioner may, with the sanction of the Commissioner, by general or special order, declare to constitute a village: Provided that when an order has been passed under Section 9 of the Santal Parganas Settlement Regulation (Reg.3 of 1872) directing that a survey be made and record-of- rights prepared in respect of the whole or any part of the Santali Pagans, the 1[State] Government may by notification, declare that in such area ‘village’ shall mean the area which for the purposes of such survey and record-of- rights may be adopted by the Settlement Officer, subject to the control of the Commissioner, as the unit for making the survey and preparing the record- of-rights; (xxii) “village community means the body of all the jamabandi raiyats of a village, their co-sharers, children and heirs; and (xxiii) “village headman” means the person appointed or recognised whether before or afte the commencement of this Act by the Deputy Commissioner or other duly authorised officer to hold the office of a village headman whether known as pradhan, mustajur, manjhi or otherwise, but does not include a mulraiyat. COMMENT Sections 4 (ix) and 5- Appointment of Headman-Election under Section 5 of the Act-Hereditary succession when applicable-held, principle of hereditary succession is applicable only when incumbent dies and his successor available- In case where incumbent resigbned voluntarily election to be held amongst candidates of same village and not from different village. [Sheopuyjan Bhagat v. Thakur Hembrom, 1997 (1) All PLR 51 (SC)]. CHAPTER II VILLAGE HEADMEN AND MULRAIYATS