Important Land Laws in Jharkhand:
- C.N.T. Act (Chotanagpur Tenancy Act)
- S.P.T. Act (Santhal Pargana Tenancy Act)
- Wilkinson Rule
- BLR Act
History of Land laws & Land reforms in Jharkhand.(To understand the background)
Munda Manki System :
This was a village based administrative system among the tribal communities.
Munda - Usually the village was governed by the headman known as Munda
Pahan - The priest of the village was known as Pahan.
Manki
Network of 8-10 villages were headed by a Manki
- Manki used to solve disputes arising between different Mundas.
The land were held jointly by the villagers and there was no concept of an individual
holding of land. Different portions of land were used for different purpose, like
Rajhas: The produce of which was reserved to be sent to the king as tribute.
Sarna Land: Reserved for religious activities
Akharas: Land for community dancing and celebration
Some portion of agricultural produce was for everyday use.
Munda Manki system has to a large extent been retained in Kolhan area under the Wilkinson
rule (We will be discussing it in later Section)
§1765 – East India Company received Dewani
rights for the Bengal area
§1790 – Zamindari System implemented (Lord
Cornwallis)
§1832 – Kol uprising against Zamindari System
§1857 – Revolt against EIC rule
§1869 – Chotanagpur Tenures act passed ()
úAppointed
commissioner
úTitle/Tenure of lands
úPower of restoration
§1879 – Chotangapur Landlords and
Tenants procedure act
§1908 – Chotanagpur Tenancy Act
§1947– CNT (Amemndment)
úSec.14 has been replaced with Sec. 46 in the new CNT Act
úTransfer of Land has been restricted with this Section
Jharkhand Administrative Division
CNT Act को समझने से पहले हमें झारखण्ड के administrative division को समझना जरुरी है |
जैसा की नीचे के चित्र में दर्शाया गया है झारखंड को कई प्रशासनिक भागों में बांटा गया है
- Santhal Pargana (Deoghar, Dumka, Godda, Sahibgunj, Pakur and Jamtara Districts)
- North Chotanagpur
- South Chotanagpur
- Palamu and
- Kolhan (areas of W. Singhbhum and Saraikel Kharsawan district)
CNT Act - 1908
Provisions of CNT Act is applicable in Chotanagpur (North & South), Palamu and Kolhan areas.
Not Applicable in Santhal Pargana
Chotanagpur Tenancy Act, 1908
Chotanagpur Tenance Act or CNT Act has been passed in 1908 by the then British administration
Effective in rest of Jharkhand (except Santhal Pargana)
Enacted after Birsa
Movement to prevent land alienation
Amended 26 times so far
úLatest Amendment 1995
1962 Amendment – included
economically weaker castes SCs and OBCs (originally only for STs)
Let us now understand the Polity angle of the Act.
§Listed in 9th schedule of the
Constitution
Ninth Schedule: Added by 1st amendment in 1951.
- Contains acts & orders related to land tenure, land
tax, railways, industries.
- Abolition of Zamindari system
§Hence it is beyond Judicial review
§This act can only repealed by the Parliament
§State Govt. can only
make Amendments to the Act.
Types of tribal Land Tenures system
1. Mundari Khuntkattidar
A
Mundari who cleared the jungle and made the land fit for cultivation
The descendants of
the Munda (founder of the
village) are called the Mundari Khuntkattidars
They do not pay Tax
but rent
2 .Bhuinhari Tenure
Lands in Non-Mundari
areas
Which have been
reclaimed and cultivated by original claimants
Tenure Holders
3.Raiyats
Owner and Cultivator of the landMain Provisions of the CNT Act
In this act the main provision we need to understand from the examination point of view are:
Section 46, 49 and Section 71
§Section 46 & 49:
Regulation of sales and Purchase of Tribal lans
Section 46 : No transfer of rights by raiyat (lease, sale, gift
or any other contract) exceeding 5 years
§Recent court orders:
üSec. 46A - land rights can be transferred by a member of ST to another ST (only local resident) with permission from DC (Deputy Commissioner)
üSec. 46B - Similarly land rights can be transferred by a member of SCs <--> SCs and OBCs <-->OBCs
Section 49: Allows transfer of
land from Tribal to Non Tribal
üOnly for the industries and Agriculture
üPrior permission from Revenue department necessary
üGovt. can withdraw land permission if it is not used for
Industrial & Public purposes
Section 71: Relief against fraudulent purchases
Victim can apply for restoration
If at any time it comes to the notice of the Deputy Commissioner that transfer of land has taken place in contravention of Section 46 or Section 48 he may evict the transferee from such land without payment of compensation and restore it to the transferor or his heir.
Recent update:
§2010 : Arjun Munda Govt. orders strict
implementation of sec. 46 (later repealed)
§Challenged in High Court against repeal
§Court ruled strict implementation of CNT Act
§High Court 2012: Deputy commissioner consent mandatory
for land belonging to SCs and OBCs
(SPT Act to be continued in next post..)
