The Chota Nagpur Tenancy -CNT Act, 1908, is a land rights legislation that was created to protect the land rights of the tribal population of Jharkhand, instituted by the British. A major feature of the CNT Act is that it prohibits the transfer of land to non-tribals to ensure community ownership. The areas of North Chota Nagpur, South Chota Nagpur, and Palamau divisions are included in the jurisdiction of the CNT Act.
Chota Nagpur Tenancy Act: History
The Chota Nagpur Tenancy- CNT Act of 1908 came as a response to the Birsa movement. John Hoffmann, a missionary social worker, was responsible for the creation of the blueprint of the Act. The CNT Act is listed in the 9th schedule of the constitution. Therefore, it is beyond judicial review. The last time the CNT Act was amended was in 1955 and it has been amended a total of 26 times. The presence of it has unfortunately not stopped the violation of tribal land areas. In 2016, the number of cases of land restoration pending across Jharkhand was 20,000.
Chota Nagpur Tenancy Act: Key features
Provisions 46 and 49
The sale and purchase of tribal land are regulated by provisions 46 and 49 of the CNT Act. Section 46 (A) of the CNT act allows the transfer of tribal land to another tribal member who is a resident within the area of the police station of the situated holding can be done with the permission of the Deputy Commissioner (DC).
Section 49 (B) of the CNT Act allows SCs and OBCs to transfer their land to community members within the district area with the permission of the Deputy Commissioner (DC).
Land transfer from tribals to non-tribals under Section 49
The transfer of land from tribals to non-tribals is allowed under section 49 only for industries or agriculture. The permission for such land transfer is given by the revenue department instead of the deputy commissioner. There are restrictions and procedures which are applicable which are specified in this section of the CNT Act.
If the land is not used for industrial or public purposes such as schools and hospitals, the Government can withdraw the land transfer according to the CNT Act.
Section 71 of CNT Act
Section 71 of the CNT Act provides protection against fraudulent purchases. Victims can seek restoration of their land under this section. Prime plots owned by tribals in urban areas like Ranchi are often targeted by non-tribal builders seeking to acquire and sell them at inflated prices after development.
CNT Act: Present legal status
The CNT act was amended by the Bihar government in 1962. This CNT Act amendment included “economically weaker castes (EWCs)” that belonged to the SC and OBC category into the provisions of the CNT act. In the original CNT act, only the lands of Scheduled tribes (STs) came under the provisions of the act, and the power of land transfer was vested with the rightful owner. The list of backward classes whose land was restricted as per the CNT act after the amendment was notified.
Recently in January of 2012, the Jharkhand High Court asked the state government to make it clear that the provisions of the CNT Act apply to the tribes and the Scheduled Castes and Scheduled Tribes members and that the Jharkhand government has to follow the action in its true spirit. The reason that this was said by the court was that the CNT Act was followed concerning tribals but the provisions for SC/BC were rarely applied.
CNT Act: Current situation
The Chota Nagpur Tenancy Act-CNT Act was created for giving the tribal people a right over their land and to protect their land rights. However, the government implementation of the provisions of the CNT Act has not been up to the mark. Numerous cases of tribal land being used for purposes other than agriculture or industries are currently present. Vast tracts of tribal land have also been alienated because of the state’s power to acquire tribal land, given the public interest.
Housing.com POV
The Chota Nagpur Tenancy Act (CNT Act) stands as a pivotal legislation aimed at safeguarding the land rights of tribal communities in Jharkhand. Enacted in 1908, its provisions, including Sections 46, 49 and 71, are vital in regulating land transactions and protecting against fraudulent purchases. Despite its historical significance, the implementation of the CNT Act has faced challenges, with numerous instances of tribal land misuse and alienation. Efforts to uphold the true spirit of the Act, ensuring equitable application across tribal and backward communities, remain essential for preserving the land rights and socio-economic well-being of Jharkhand’s indigenous population.
FAQs
What is the Chota Nagpur Tenancy Act (CNT Act)?
The Chota Nagpur Tenancy Act, also known as the CNT Act, is a legislation formulated in 1908 to protect the land rights of tribal communities in Jharkhand.
What areas fall under the jurisdiction of the CNT Act?
The CNT Act covers the North Chota Nagpur, South Chota Nagpur, and Palamau divisions in Jharkhand.
What are the key features of the CNT Act?
Some key features include prohibiting the transfer of tribal land to non-tribals, regulating land transactions through provisions like Sections 46 and 49, and providing protection against fraudulent purchases under Section 71.
How has the CNT Act been amended over time?
The CNT Act has been amended 26 times since its inception in 1908. Amendments have expanded its scope to include economically weaker castes (EWCs) and clarified its application to Scheduled Castes and Scheduled Tribes members.
What is the current situation regarding the implementation of the CNT Act?
Despite its intent, challenges persist in the effective implementation of the CNT Act. Instances of tribal land misuse and alienation underscore the need for continued efforts to uphold its provisions and protect the land rights of indigenous communities in Jharkhand.
