Chotanagpur Tenancy Act
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CHOTANAGPUR TENANCY ACT A HANDBOOK ON TENANCY LAW IN JHARKHAND 1 CHOTANAGPUR TENANCY ACT: A HANDBOOK HUMAN RIGHTS LAW NETWORK • To protect fundamental human rights, increase access to basic resources for the marginalised communities, and eliminate discrimination. • To create a justice delivery system that is accessible, accountable, transparent, efficient and affordable, and works for the underprivileged. Raise the level of pro bono legal expertise for the poor to make the work uniformly competent as well as compassionate. • Professionally train a new generation of public interest lawyers and paralegals who are comfortable in the world of law as well as in social movements, and who learn from social movements to refine legal concepts and strategies. January 2015 © Socio Legal Information Centre* Compiled By : Ahmed Raza, Advocate Researcher : Julufa Islam Choudhury, Advocate Printed at Shivam Sundram, E-9 Green Park Ext. New Delhi Published by Human Rights Law Network (HRLN) (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura, New Delhi – 110014, India Ph: +91-11-24379855/56 E-mail: [email protected] Website: www.hrln.org Supported by OAK Foundation Disclaimer The views and opinions expressed in this publication are not necessarily views of the HRLN. Every effort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. * Any section of this volume may be reproduced without prior permission of the Human Rights Law Network for public interest purposes with appropriate acknowledgement. 2 CONTENTS Chapter 1: Introduction 7 Chapter 2: Why and How CNT came into existence. 10 Chapter 3: Post Independence Scenario. 15 Chapter 4: Present Situation 20 Chapter 5: Tribal women rights on the land. 24 Chapter 6: Different rights as enshrined under 33 CNT Act. I. Community Rights. 33 II. Land Rights of Tenure Holder. 37 III. Land Rights of Raiyats. 40 IV. Provision for Transfer of Rights by Raiyats. 49 V. Rights of Tenants against Unlawful Ejection or Transfer. 54 VI. Land Rights of Mundari Khunt Kattidars. 65 VII. Land Rights under Bhuinhari Tenures. 67 VIII. Rights for Korkar Land. 71 Chapter 7: Dispute settlement with respect to land 74 rights. Chapter 8: Laws Relating to Mutation in Jharkhand. 78 3 CHOTANAGPUR TENANCY ACT: A HANDBOOK Chapter 9: The Santhal Pargana Tenancy Act 80 Chapter 10: CNT vis-à-vis Political aspiration in 85 Jharkhand Chapter 11: Conclusion.Annexures 99 Table 1: Brief History of Movements relating to 102 land rights in Jharkhand. Table 2: List of subJudgments castes under CNT. 104 109 I. Madhu Kishwar and others Vs. State of 110 Bihar and others. II. Waxpol Industries Ltd. Vs. State of Bihar 168 and Ors. III. State of Jharkhand and Ors. Vs. Arjun Das. 178 IV. Felix Tamba Vs. State of Jharkhand & 190 others. V. Narayan Soren and Ors. Vs. Ranjan Murmu 226 and Ors. VI. Godwin Ekka Vs. The State of Bihar, now 246 the State of Jharkhand. VII. Durga Charan Sardar Versus The State of 266 Bihar & Ors. VIII. Salakhan Murmu Vs. State of Jharkhand. 272 4 PREFACE his handbook attempts to discuss a very important issue i.e. land rights of the tribals. In the name of development, land alienation, displacement, land acquisition are happening rampantly, despite the presence of some very strong and laudable land rights legislations, one among them is the Chotanagpur Tenancy Act, 1908. An off shoot of the Birsa Movement, this Act prohibits transfer of land to non tribals and ensures community ownership. But on the pretext of development and blaming the Act as a stumbling Tblock in the path of economic growth the act is not being implemented in true letter and spirit. Even some political faction tried to gain support for amending the Act. But a closer examination of the various sections vis a vis the present socio-economic status of the tribal society stands testimony to the fact how much this Act is needed in its original form. Development is required and is lauded as well but not at the cost of the lives of those whose very existence is dependent on forest. I am thankful to Mr. Colin Gonsalves, Sr. Advocate, Supreme Court of India and Founder Director, Human Rights Law Network and who encouraged me to start writing on the issue and Julufa Islam Choudhury, LL.M. Gold Medalist, for her 5 CHOTANAGPUR TENANCY ACT: A HANDBOOK research and assisting me while preparing the contents of this book. January, 2015 Ahmed Raza Advocate Human Rights Law Network Ranchi, Jharkhand 6 CHAPTER 1: INTRODUCTION n response to the repeated agrarianth uprisings that occurred in Jharkhand throughout the 19 century a series of legislations were enacted culminating the Chotanagpur Tenancy Act (CNT Act of 1908), still a major tenure Act in force the region. The CNT Act provided not only for the creation and maintenance of land record, it also creates a special tenure category of “Mundari Khuntkattidar” (considered to be the original settler of the land among Mundas) and restricted the transfer of tribal land to non tribals. Most significantly Ithe CNT Act provides for the recording of various customary community rights on the other resources Jal, Jungle and Zameen (water, forest and land) including the right to take produce from Jungle and to graze cattle as well as the right to reclaim “wastes” into Korkar (rice growing field). Land, water & forest which together constitute the surroundings in the nature are not only the traditional key sources of livelihood of the indigenous communities, but their culture, lifestyle, customs, rites-rituals, folkways and even their whole life vibrates accordingly. They worship these natural constituents and ecosystem’s surrounding bodies like the hill (Buru Bonga), the sun (Sing Bonga), village spirit (Hatu Bonga) as their gods and goddesses. They evenderive their identity by 7 CHOTANAGPUR TENANCY ACT: A HANDBOOK belonging to their respective tribes in special relationship with nature and resources like ekka (tortoise), lakra (tiger), xess (rice or paddy), kujur (a creeper), panna (iron), soreng (rock), tete (a bird). Therefore obviously, intrusions or interferences of the outer world in to their lives had affected and does affect their entire traditional, social, cultural and natural resources based economy & other natural establishments in very painful manner. And it’s very unpleasant that they are struggling to save their endangered existence in the capitalistic competitive neo-imperialisticChota Nagpur Tenancy world. 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, to give them equivalent lands. Jharkhand is known for its enormous mineral wealth. 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 beyond judicial review. But it has been grossly violated since 8 INTRODUCTION it has been passed. The ruling party’s hand in glove relation with the industrialist class appears to be the prime reason for such indiscriminate violation of the Act and the ruthless exploitation of the poor tribals. Notwithstanding such a dismal condition in the state, glimpse of hope seems to exude the way Judiciaryth seems to be sensitive about this issue, On January 25 2011, in a petition filed by Salkhan Murmoo, Jharkhand High Court has asked the state “the Courts are very strict in implementation of land government to follow the CNT Act in its true spirit. The order reforms laws and in protecting the interest of the downtrodden reads, and particularly the persons who are members of Scheduled Castes and Scheduled Tribes as well as the members of other backward class”1 Contrary to popular belief, the CNT Act also allows 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. 1 Shalkhan Murmoo Vs. The State of Jharkhand & Ors., W.P (PIL) No. 758 OF 2011 9 CHOTANAGPUR TENANCY ACT: A HANDBOOK CHAPTER 2: WHY AND HOW CNT CAME INTO EXISTENCE? he British Colonial Government passed this Act in the year 1908. To understand why this Act was passed and its main objective, we have to examine the extracts from the speech of the Mr. Slacke, the man who moved the Amending Bill of 1903, and the late Commissioner of Chota Nagpur: “Owing to theth non-recognition of their rights, the Mundaris for more 3/4 of the century have been in a state of agitation, Twhich from the time has culminated in outbursts. In 1822 a horde of middlemen was let loose over the country by the then Maharaja of Chota Nagpur.