CHOTA NAGPUR TENANCY ACT
·
Chota Nagpur Tenancy
Act popularly known as CNT Act was enacted in the year 1908.
· This was an Act to amend and consolidate certain amendments relating to the law of Landlord and Tenant and the settlement of rents in Chota Nagpur.
· The Act came into force on the 11th November, 1908, it was first published in the Calcutta Gazette.
· It received the assent of the Governor
General on the 29th October 1908.
· The Chota Nagpur Tenancy Act, 1908 prohibits transfer of lands by sale, etc except with the previous sanction of the Deputy Commissioner.
· It also prohibits the alienation of land of the tribals. It also provides for restoration of alienated land to the tribals or when converted for urban use.
· For the poor tribals, the original inhabitants of this region, the basic survival and dignity is associated with their land.
· The CNT Act was placed under the Schedule 9 of the Constitution to render it from judicial review.
·
But it has been violated
since it has been passed.
Some Important Terms
· A raiyat is defined as someone who has acquired a right to hold land for the purpose of cultivating it, whether alone or by members of his family, hired servants, or partners.
· A Khuntkattidar is a person who does not have only cultivating rights but also has rights over the land cleared by them. He is the founder or descendants of founder of the village in which his khuntidari lands are situated.
Why CNT Act was enacted?
A series of revolts
took place in British rule due to the following reasons: -
Ø
British exploitation
Ø Attachment of tribal people
to land
Ø
Entry of outsiders
into their areas
Ø
Dominance of money-lenders, traders, land grabbers,
labor contractors etc.
Ø British Colonial
Government tried to end the unending simmering
discontent among the general population of Chhotanagpur people by passing the CNT Act, 1908.
Present Scenario
·
The vast potential lands of tribes have always been exploited
by the non tribals through various mischievous means.
·
The best way of buying Adivasis land is to get married to an Adivasi girl and register the land in her name.
·
This trick was widely used by the non-Adivasis.
·
Secondly, many Adivasis surrender
their land to the money lenders after being trapped by them through loan.
·
Another major fact is that the CNT Act was amended
in 1947 for the purposes
of urbanization, industrialization and for development projects.
·
This caused huge deprivation of Adivasi from land.
Tribal Women’s Rights
·
Women in agriculture include women farmers,
share croppers and farm laborers.
· Women’s role and contribution to agriculture is immense but is not adequately recognized.
· This results in women suffering from long working hours, drudgery, poor nutrition and inadequate economic returns.
· The board took the view that though tribal society was dominated by males, female members were not neglected.
· A female member has the right of usufruct in the property owned by her father till she is married, and in the property of her husband after marriage.
·
However, she does not have any
right to transfer
her share to anybody.
·
Article 14, 15, 21, 38 of Indian Constitution were taken as base for this decision.
Different Rights under CNT Act
Ø
Community Rights
Ø
Land Rights of Tenure Holder
Ø Land Rights
of Raiyats
Ø
Provisions for Transfer
of Rights by Raiyat
Ø
Rights of Tenants
against Unlawful Ejection
Transfer
Ø
Land Rights of Mundari Khunt Kattidar
Ø Land Rights
under Bhuinhar Tenures
Ø Rights for Korkar Land
Chapters of CNT Act
There are total 19 chapters in CNT ACT
1.
Preliminary
2.
Classes of Tenants
3.
Tenure Holders
4.
Occupancy Raiyat
5.
Raiyat Having khunt-katti Rights
6.
Non-Occupancy Raiyats
7.
Lands Exempted from Chapters IV and VI
8.
Leases and Transfers of Holdings and Tenures
9.
General Provisions as to Rent
10. Miscellaneous Provisions as to Landlord
and Tenant
11. Customs and Contract
12. Records-of-Rights and Settlement of Rents
13. Praedial Conditions and The Commutation and Record Thereof
14.
Record of Landlord's Privileged Lands
15. Record-of-Rights and Obligations
16.
Judicial Procedure in Matters Cognizable by The DC
17. Limitations
18. Special provision with respect to Mundari Khutkatidars
19. supplemental provisions
Important
Sections of CNT Act
Section 4 of the CNT Act describes following
classes of tenants:
1.
Tenure holders including
under-tenure-holders.
2.
Raiyat, namely (a) occupancy-raiyats, that is to say
raiyats having a right of occupancy in the
land held by them, (b) non-occupancy raiyats having no such occupancy right.
(c) raiyats having khunt katti rights.
3.
Under raiyats, that is to say tenants holding
whether immediately or mediately under raiyats.
4.
Mundari khunt kattidar – A Mundari who cleared the
jungle and made the land fit for cultivation.
·
Section 5 lays down the meaning of
a tenure-holder as a person who has the right to hold the land for the purpose of collecting rents or bringing
under cultivation by establishing tenants.
·
Raiyat as defined under Section 6
means primarily a person who has acquired a land for cultivation.
·
Section 8 of the CNT Act
provides that a mundari
khuntkattidar means a Mundari, who has acquired a right to hold jungle
land for the purpose of bringing suitable portion under cultivation either by him or male members of his family.
·
Section 16 confers the status of
occupancy raiyat on every raiyat who immediately before the commencement of the Act had a right of occupancy by
custom usage or otherwise whether
they had completed 12 years
of cultivation or not.
· Under Section 17 a settled raiyat is a person as a person who for a period of 12 years before or after the commencement of this Act has continuously held as raiyat land situated in any village.
· Section 21 gives the rights of occupancy raiyat in respect of use of land.
· Section 21A goes ahead to give the rights of occupancy raiyats in trees on the land.
· Section 24 and 25 read together
says that it is an obligation over the occupancy raiyat to pay rent, however the rent must be fair and equitable.
· Section 26 of the Act, which deals
with the rent enhanced before the commencement
of the act.
· Section 27 lays down that the rent
of an occupancy raiyat can be enhanced only by an order of Deputy
Commissioner, under section 29, by revenue officer under chapter XII or under
the provisions of section
62, section 94 and section
99.
·
Section 38 of the Act says that
Subject to any local custom or usage, a non-occupancy raiyat shall when admitted to the occupation of land, become
liable to pay such rent as may be
agreed.
·
Section 46 of the act lays down
restriction on the rights of raiyat to transfer their holding by mortgage or lease for a period exceeding five years,
or by sale, gift or any other contract.
· Section 71 of the act lays down the
provision for power to replace in possession
tenant unlawfully ejected.
· Even if the transferee is in
possession of the land for more than 12 years but less than 30 years, he shall not be entitled to any
compensation either for the land or for any building or structure
constructed.
· But, if the transferee is in possession for only 12 years he shall be entitled to compensation for the land and
for the improvement effected on the same.
· Any member of Bhuinhar family
referred to in Section 48 may transfer his holding or tenure for any reasonable and sufficient purposes mean building purposes
generally.
· But, in case of transfer by occupancy Raiyat the terms reasonable and
sufficient purpose includes
charitable, religious or educational purposes.
·
It also includes transfer of land
for mining purpose or for any other purpose as the State Government.
·
Korkar means land by whatever name locally known such as babhala, khandwat, jalsasan or ariat, which has been
artificially leveled or embanked primarily for the cultivation of rice,
and which previously was jungle.
· Section 64 includes Conversion of land into korkar with Deputy Commissioner's permission.
· Section 136 lists down the office for instituting suits and making application.
· A suit may be instituted before a
Revenue officer under section 87, at any time within three months from the date of the final publication of records.
· Section 92 gives Bar to jurisdiction of Courts in matters relating to record-of-rights.
·
Section 139A provides
Exclusive jurisdiction of Deputy Commissioner in certain cases.
