Chota Nagpur Tenancy Act, 1908

Instituted by the British the Chhota Nagpur Tenancy Act, 1908 is an important act for the tribal population of Jharkhand. It restricts transfer of tribal land to non tribals.The CNT Act is effective in North Chhota Nagpur, South Chhota Nagpur and Palamau divisions, including areas under various municipalities and notified area committees.

So far, the CNT Act has been amended as many as 26 times, latest in 1995. It is listed in the Ninth Schedule of the Constitution, so the act is beyond judicial review. It can only be repealed by the Parliament; the state government can only make amendments to it. Currently over 20,000 cases of land restoration are pending across Jharkhand, pointing to the blatant violation of the Act

In 1962 the Bihar government amended the CNT Act to include “economically weaker castes (EWCs)” belonging to the SC and OBC. The original Act applied only to the lands of Scheduled tribes (STs) and vested the power of land transfer on the plea of the right owner, with the deputy commissioner (DC). It notified a list of backward classes, the sale of whose land would be restricted as per the CNT Act.

Features of the Act :-

• Provisions 46 and 49 of the CNT Act regulate sale and purchase of tribal land. Section 46 allows tribal to tribal land transfer but with the permission of the Deputy Commissioner. According to the section 46(A) of the Chhota Nagpur Tenancy (CNT) Act 1908, an Adivasi can transfer their land only to another Adivasi resident of the same police station, with the permission of the Deputy Commissioner (DC). Similarly, Section 46(B) of the CNT Act states that the SCs and OBCs can also transfer their land to members of their community within the area of a district with the permission of the DC
• Transfer of land from tribals to non-tribals under Section 49 This can be done only for industries or agriculture. Restrictions and procedures are specified in the relevant Sections of the Act. As per the Section 49 of the CNT Act, tribal land can be sold to non-tribals too but only for the purpose of putting up industries or for agriculture work — but in this case the permission requirement has been changed. Rather than deputy commissioners (as provided in the original Act), permission is needed from the revenue department.
• There is also a provision that the Government can withdraw land transfer if it is not used for industrial and public purposes like hospitals or schools. But there are numerous cases where the land was used otherwise.
• Section 71 of the CNT Act offers relief against fraudulent purchases. The victim can apply for restoration of land under this Section. Prime plots owned by the tribals in urban areas like Ranchi are always eyed by non-tribal builders who would like acquire such plots and then sell them after development at higher prices.

Current Legal Status :-

The Jharkhand High Court order of January 25, 2012 made deputy commissioner’s consent mandatory for transfer of land belonging to backward classes and Scheduled Castes in the context of the CNT Act. The authorities have been allowing land transfer without DCs approval assuming that it was required only for transfer of tribal lands.

After the Court’s order, the land transferred of Adivasis, Dalits and OBCs was stopped in the state, which hit the real estate business, illegal land grab by the corporate houses, and illegal land transfer to the outsiders.

Conclusion :- 

However, Tribals have an inalienable right on land & this can never be forsaken. Although, some mediation maybe necessary progress & industrialization is urgently wanted particularly in the hinterlands of Jharkhand to finally exorcise the menace of Naxalism but, usurping land for some superficial industrialization which rarely trickles to the masses can not be a balanced solution to the problems.

By: Shashank Shekhar