Legal Research on CNT Act 1908 PDF

 Title of the thesis:- Protecting Tribal land Rights in Jharkhand CNT Act, 1908  Researcher :- Shreya Mahto  Guide:- Gaurav Priyadarshi  Keywords:-land ,landlord, tribal  University :- Vinoba bhave University ,of law collage  Department :- Department of law  ABSTRACT and FIGURES This study...

 Title of the thesis:- Protecting Tribal land Rights in Jharkhand CNT Act, 1908  Researcher :- Shreya Mahto  Guide:- Gaurav Priyadarshi  Keywords:-land ,landlord, tribal  University :- Vinoba bhave University ,of law collage  Department :- Department of law  ABSTRACT and FIGURES This study is primarily focused on exploring various dimension of land rights legislation that was created to protect the land right of the tribal population of the Jharkhand instituted by the British. A major feature of the CNT act is that it prohibit to transfer of land to non- tribal to ensure community ownership. In this paper we review as well as contribute to empirical literature on land on tribal population. We find that overall for all state land tenancy legislation had a negative and significant effect on land tenancy. However this shows the considerable variation across type of land , the main negative driver for this negative effect seems to be non- tribals. In contrast the effect of tenancy reform, average across all state is insignificant. There seems to be a wide range of state – specific effects ,which suggest to focusing to secure the right of the tribals land of the state.  INTRODUCTION  Dated 11 November, 1908 An act to amend and consolidate certain enactment relating to the law of landlords and tenant and settlement of rent in Chota Nagpur. Whereas it is expedient to amend and consolidate certain enactments relating to the law of landlords and tenant and settlement of rent in Chota Nagpur. And whereas the sanction of the Governor-General has been obtained under section 5 of the Indian council Act , 1892. It was first published in Gazette.It received the assent of the Governor-General on 29 th of October 1908.Act for tribal population because they worship three things water, air, and jungle and their culture and lifestyle revolve around them.  ACHIEVEMENTS OF THE ( CNT ) IN JHARKHAND  LAND RIGHTS PROTECTION The CNT Act protects the rights of weaker section of society such as scheduled tribes, scheduled caste and backward classes. It has strict provision to regulates the transfer of land from these section of society to others. LAND PURCHASE AND SALE In November 2023 the Tribal Advisory council (TAC) approved the purchase and sale of land under the CNT Act. The meeting considered the district and police station that existed in the station January 26 , 1950.  RESPONSE TO THE BIRSA MUNDA MOVEMENT The British passed the CNT Act in 1908 in response to the Birsa Munda movement which was a fight for the right to lands Section 23 in Chota Nagpur Tenancy Act, 1908.23 Devolution of occupancy right on death if a Raiyat dies intestate in respect of a right to occupancy, it shall subject to any local custom to the contrary ,descend in the same manner as other immovable propert. Section 23 A When an occupancy-holding or any portion thereof is transferred by sale ,gift ,will or change in accordance with provision of this Act the transferee or his successor in title may cause the transfer to be registered in the office of the landlord to whom the rent of the holding or 2) The landlord shall allow the registration of all such transfers and shall not be entitled, except in the case of a transfer by sale or gift to levy any registration fee. In the case of a transfer by sale or gift the landlord shall be entitled to levy a registration fee of the following amount namely i)When rent is payable in respect of the holding or portion a fee 5 percentum on the annual rent Provided that such fee shall not less than rupees two and fifty paise or more than rupee hundred and fifty. ii) When rent is not payable in respect of the holding or portion a fee of rupees two and fifty paise. 3) A registering officer shall not register any instrument purporting or operating to transfer an occupancy holding or portion of an occupancy holding by sale or gift unless there is paid to him in addition to any fee payable under the act for the time being in force for the registration fee payable under sub-section (2) together with the costs necessary for the transmission of the registration fee to the landlord Provided that a gift to the husband or wife of the donor or to son adopted under the Hindu law or to relation by consanguinity within three degrees of such donor shall not required any registration fee to be paid to the landlord as provided in sub- section 4) When the registration of any such instrument is complete the registering officer shall send to the Deputy commissioner the registration fee and the transmission of the same to the landlord and notice of the transfer and registration in the prescribed form and the deputy commissioner shall cause the fee to be transmitted to and the notice to be served on the landlord named in the notice in the prescribed manner. 5)If the landlord refuses to allow the registration of any such transfer as it mentioned in sub section (1) the transferee or his successor in title may make the application to the Deputy commissioner, and the Deputy commissioner shall be thereupon, after causing notice to be served on the landlord make such inquiry as he considers necessary and shall if he satisfied that the transfer is not contrary to the provision of this act pass an order declaring that the transfer is not contrary to the provision of this act pass an order declaring that the transfer shall be deemed to be registered and may also pass such order as he thinks fit in respect of the cost of any such inquiry. RECENT HISTORY OF (CNT) ACT IN 1908 i) The extension of the Permanent Settlement of 1793 to the Chota Nagpur created a huge social and political turmoil. It played havoc to the very existence to the original settlers of the land. ii)The greatest event in the process of buying peace in chota nagpur by the colonial rulers was the making was marked by comman feature administrative reform coupled with a new legislation always happened in response to popular revolts against the colonial rule. Rent Act of 1859 came in the wake in indigo riots , Bengal tenancy Act 1885 came after the peasant revolt of 1872-73 and chota nagpur Tenancy act 1908 was not exception to the rule. iii) The important contributors to the farming of the CNT Act 1908 was Reverend Father John Baptist Hoffman S.J a German missionary who devoted his life first to know the people and then to stand firmly on the side of them in the days of their utter suffering. CNT marked the watershed in the history of the colonial state intervention in land relation in chota nagpur.  In 1765 the area of chotanagpur came under British Rule  1765 the first malgujari system was introduced in the Jharkhand region  During the British rule the district collector was empowered to appoint and remove landlords.  After the rebellion by the tribals in 1789 , the bengal regulation was brought to pacify them.  In 1793 the permanent settlement regulation Act was enacted in the hill area of Ramgarh.  In 1824 for the first time in Jharkhand defining the right of the Raiyat was made a provision for their protection.  To address the problem of the tribes in which land related problems are most important the government has several reforms from time to time. In 1862 under the leadership of Babu Rakhaldas haidhar bhuinhari survey was started to marks the land and the Majhiyas land of the local land lords which the land tribes.  In 1869 2482 village Bhuihar survey was conducted around Ranchi under leadership of Babu Rakhaidas Haidhar.  Tuber survey thakvast survey and cadadtral survey are related to land survey.  The British government on the recommendation of the contemporaneous commissioner farbes of chotanagpur assigned lister and john Reid the measurement of land in Ranchi district and the endowment in record of rights related to the land to Munda tribes was prepared  The Mundari Khuntkattidari system was recognized in 1903.  The Bihar land Reform act enacted in 1950.  On 15 April 1858 loknath sahini and deputy Assistant commissioner were entrusted with the task of preparing the register of Bhuihari land.  The chotanagpur tenure act was enacted with the objective of arranging to check some of the tenure of chotanagpur with the official endoement of the right to land. Death of loknath sahini  Effective 1 april 1869  LAND REFORM IMPORTANT ACT  Chota nagpur tenures 1869  Chota nagpur landlords and tenant procedures act 1879  Bengal tenacy act 1897  Chotanagpur tenancy act 1908  Santal Pargana tenancy act 1949  Lord Minto the then Governor General of the British Government gave permission to the Bengal Council to pass the CNT act 1908 under section 5 of the council of India Act 1892.  Credit for designing the CNT act 1908 – Father Baptiste Hoffman  The draft of Chotanagpur tenancy act was ready by 1903  The act was first published Kolkata gazette  The CNT act 1908 is called the charter of rights Magna cart  STRUCTURE OF CNT ACT 1908- Chapter Section Schedule 19 271 02  IMPLEMENT  Adopted on 14 November 2000 as amended by the Revenue and land Reform Department of the Government of Jharkhand  Applicable in 18 district under 4 division of the state. AMENDMENT 1ST AMENDMENT -1920 Last amendment – 1995 Important amendment- 1947 AIM OF THE CNT ACT TO END LAND DISPUTES IN CHOTA NAGPUR CONTROLING TRIBAL INSURGENCY TO PROTECT THE LAND RIGHTS TO TRIBAL COMMUNITIES TO PROVIDE LAND OWNERSHIP RIGHTS TO TRIBE  PLACES WHERE CNT ACT EXISTS Following INincluded district JHARKHAND in chota nagpur tenancy act are:- Ranchi Lohardaga Gumla Simdega Latehar East singhum West singbhum Sareikela kharsawan Palamu distt rabda, bakoria blocl Garhwa bhandaria block  FEATURES AND PROVISION OF THIS ACT  PROVISION 46 and 49 of the CNT act regulate sale and purchase of the tribal land s.  Section 46 allows tribal to tribal and transfer but with the permission of the Deputy commissioner.  Contrary to popular beliefs the CNT act also allows transfer of land from the non-tribals under section 49. This can be done only for industries or agriculture. Restriction and procedures are specified in the relevent section of the act. As per the section 49 of the CNT act tribal land can be sold tp non-tribals too but only for the purpose of putting up industries or for agriculture work but in this case the permission is needed from the revenue department.  There is also a provision that the government can withdraw land transfer if it not used for industrial and public purpose like hospitals or schools but there are neumrous cases where the land was used otherwise.  Section 71 of the Act offers relief against fraudulent purchase. The victim can apply for restoration of land under this section. Prime plots owned by the tribal in urban areas like Ranchi are always eyed by non-tribal builders who would like acquire such plots and then sell them after devlopment a higher prices.  TYPES OF TRIBAL LAND TENURES SYSTEM 1. MUNDARI KHUNTKATTIDAR i) A Mundari who cleared the jungle and made the land fit for cultivation ii) The descendant of the Munda are called Mundari Khuntkattidars ii)They do not pay Tax but rent 2. BHUINHARI TENURE i) Lands in non-Mundari areas ii) Which have been reclaimed and cultivated by original claimant.  3) Raiyats  Owner and cultivator of the land  4)Kodkar – which the sadans built themselves or along with these tribes in the past  5) Rajhans- land of the kings later distributed /sold/donated to the raiyat. POLITY ANGLE OF THE ACT i) listed in 9th schedule of the constitution ii) 9th schedule added by 1st amendment in 1951 contain act and orders related to land tenure land tax, railways, industries. Abolition of Zamindari system iii) Hence it is beyond the judicial review. This act can only repealed by the parliament. State govt. can only make amendments to the Act.