Even as the new anti-conversion Bill threatens to rip apart the state's tribal society, it is the amendments to the land laws that continue to rock the boat. The changes in land laws continue to agitate the tribal community. Credit: Reuters. Ranchi: The anti-conversion Bill passed in Jharkhand earlier this month led to a furore among large portions of both tribal and non-tribal communities.

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Short title. Chota Nagpur Tenancy Act, 1. Short title and extent. Definitions 4. Classes of tenants 5. Meaning of a "tenure-holder" 6. Meaning of "Raiyat" 7. Meaning of "Raiyat having khunt-katti rights".

Meaning of - "Mundari-khunt-kattidari" 9. Tenure-holder when not liable to enhancement of rent 9A. Enhancement of rent of tenure-holder or village headman. Certain bhuinhars not liable to enhancement of rent Registration of certain transfers of tenures Procedure on refusal of landlord to allow registration of transfer of tenure.

Division of Tenure and distribution of rent. Annulment of encumbrances on resumption of resumable tenure Saving of rights of landlord Continuance of existing occupancy rights Definition of 'settled Raiyat'. Bhuinhars and Mundari khunt-kattidars to be settled Raiyats in certain cases Settled Raiyats to have occupancy-rights Effect of acquisition of occupancy-rights by landlord. Rights of occupancy-Raiyat in respect of use of land. Rights of occupancy-Raiyat in trees.

Protection of occupancy-Raiyat from eviction except on specified grounds. Devolution of occupancy right on death 23A. Registration of certain transfers of occupancy holdings. Obligation of occupancy-Raiyat to pay rent 24A. Division of holding by partition and distribution of rent thereof. Presumption that rent of occupancy-Raiyat is fair and equitable.

Confirmation of rents enhanced prior to commencement of this Act. Methods in which rent of occupancy-Raiyat may be enhanced. Contents of application to Deputy Commissioner for enhancement Procedure on receipt of such application Power to direct gradual enhancement Application for increase of rent in respect of land held in excess of the area for which rent was previously paid Savings 33A.

Reduction of rent. Application to Deputy Commissioner for reduction of rent Bar to further enhancement or reduction of rent where there is no record-of-rights. Incidents of tenancy of Raiyats having khunt-katti rights Initial rent and lease of non-occupancy-Raiyat Effect of acquisition by landlord of the right of a non-occupancy-Raiyat in his holding Conditions of enhancement of rent of non-occupancy-Raiyat Grounds on which non-occupancy Raiyat may be rejected Conditions of ejectment on ground of refusal to agree to pay a fair and equitable rent Bar to acquisition of right of occupancy in, and to application of Chapter VI to landlords' privileged lands and certain other lands Raiyat entitled to a lease Landlord entitled to counterpart engagement Restrictions on transfer of their right by Raiyat.

Restriction on sale of Raiyat's right under order of Court Restrictions on the transfer of Bhuinhari tenure. Restriction on the sale of Bhuinhari tenure.

Transfer of occupancy-holding or Bhuinhari-Tenure for certain purposes Acquisition of tenure or holding by landlord for certain purposes. Tenant not liable to transferee of landlord's interest for rent paid to former landlord, without notice of the transfer 51A. Presumptions as to fixity of rent. Methods of payment of rent. Receipt for rent and interest thereon Deposit of rent in the Court of Deputy Commissioner Procedure on receipt of deposit and payment of same Limitation of suit or application for rent due prior to deposit What to be deemed arrear of rent : interest on arrears Ejectment of tenure-holder and cancellation of lease for arrears Arrear of rent to be first charge on tenancy Commutation of rent payable in kind 61A.

Commutation of rents of occupancy holdings. Period of which commuted rents are to remain unaltered Penalty on landlord for levying anything in excess of rent including local cess or of lawful praedial conditions 63A. Settlement of waste lands to be made by patta. Settlement liable to be set aside.

Conversion of land into korkar with Deputy Commissioner's permission. Power to eject cultivator or leave him in possession Prohibition against conversion of certain land into Korkar Right of occupancy in Korkar. Assessment of rent on land converted into korkar. Tenant not to be ejected of except in execution of decree or order.

Relief against forfeitures Decree or order for ejectment when to take effect Power to replace in possession tenant unlawfully ejected 71A. Power to restore possession to member of the Scheduled Tribes over land unlawfully transferred. Surrender of land by Raiyat Abandonment of land by Raiyat Effect of lease purporting to admit to occupation after occupation has commenced 74A.

Determination of person to be village headman when tenancy is vacant. Measurements of land Saving of custom. Saving as to service tenures and holdings Homesteads Restrictions on exclusion of Act by agreement 79A.

Restriction on payment of certain kinds of rent by agreement. Restriction on the share of the produce rent payable to a landlord by agreement. Power to order survey and preparation of record-of-rights Particulars to be recorded Power to order survey and preparation of record-of-rights as to water Preliminary publication, amendment and final publication of record-of-rights. Presumptions as to final publication and correctness of record-of-rights Settlement of fair rent Decision of issues arising during course of settlement of rents


Chotanagpur Tenancy Act: What next

Short title. Chota Nagpur Tenancy Act, 1. Short title and extent. Definitions 4.


In Jharkhand, Adivasis say changes to tenancy laws dilute their hard-won land rights

The blueprint of the act was prepared by John Hoffmann, a missionary social worker. Its operation is effective in North Chotanagpur, South Chotanagpur and Palamau divisions, including areas under various municipalities and notified area committees. However, a tribal may transfer his land through sale, exchange, gift or will to a fellow Scheduled Tribe member and residents of his own police station area. Similarly, SCs and BCs can transfer land to members of their own community within the limits of the district in which the land is located with prior permission of the deputy commissioner. On January 25, Jharkhand High Court asked the state government to follow the CNT Act in its true spirit, making it clear that in addition to tribes, its also applied to those belonging to Scheduled Castes and Scheduled Tribes.

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