Chota Nagpur Tenancy – CNT Act

The Chota Nagpur Tenancy -CNT Act, 1908, is a land rights statute that was enacted with the help of the British to protect the land rights of Jharkhand’s tribal population. The CNT Act is notable for prohibiting the transfer of land to non-tribals to ensure network ownership. Within the CNT Act’s authority are the divisions of North Chota Nagpur, South Chota Nagpur, and Palamau.

Historical Background Chota Nagpur Tenancy (CNT) Act

As a result of the Birsa movement, the Chota Nagpur Tenancy Act of 1908 was enacted. A missionary social worker named John Hoffmann was held accountable for the creation of the Act’s framework. The CNT Act is referenced in the constitution’s ninth timetable. As a result, judicial review is no longer possible. The CNT Act was updated for the final time in 1955, and it has now been amended a total of 26 times. Its existence, however, no longer prevents the violation of indigenous territory zones. In 2016, there were 20,000 cases of land recovery pending in Jharkhand.

Key Provisions of the CNT Act

Clauses 46 and 49 : Land Transfer Regulation

The CNT Act’s clauses forty-six and forty-nine regulate the selling and purchase of tribal territory. With the consent of the Deputy Commissioner,

• Section 46 (A) of the CNT statute allows for the transfer of tribal land to another tribe member who lives close to the police station of the situated maintaining (DC).

• Section 49 (B) of the CNT Act allows SCs and OBCs to sell their land to network members in the district (DC).

Land Transfer to Non-Tribals

• Only industry or agriculture are permitted to transfer land from tribals to non-tribals under phase forty-nine. The authorization for such a land swap is granted through the sales branch rather than the deputy commissioner. In this phase of the CNT Act, some pertinent laws and strategies are designated.

Land Revocation and Government Right

According to the CNT Act, if the property isn’t used for commercial or public Purposes, such as college and hospitals, the government can revoke the land transfer.

Amendments and Expansion of the CNT Act

In 1962, the CNT legislation was revised with the help of the Bihar government. The CNT Act was amended to include “economically weaker castes (EWCs)” from the SC and OBC classes in its provisions. Only the lands of Scheduled tribes (STs) were covered by the original CNT statute, and the power of land transfer was vested in the legitimate owner. Following notification of the modification, the list of backward training whose land became restricted per the CNT statute.

Enforcement of the CNT Act and Legal Challenges

The Jharkhand High Court has urged that the country’s authorities make it clear that the CNT Act’s provisions apply to tribes, Scheduled Castes, and Scheduled Tribes participants, and that the Jharkhand government must watch the movement in its true spirit. The reason for this being asserted in court was that the CNT Act was supplemented concerning tribals, but the provisions for SC/BC were rarely enforced.

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