[ecis2016.org] CNT Act: Know all about the Chota Nagpur Tenancy -CNT Act including areas of jurisdiction, provisions, legal status and the current situation.
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.
You are reading: What is the Chota Nagpur Tenancy -CNT Act?
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.
CNT Act: Important sections
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Provisions 46 and 49 of CNT Act
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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).
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.
CNT Act: Present legal status
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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.
Source: https://ecis2016.org/.
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