This document discusses issues related to tribal lands in Jharkhand, India. It introduces several experts working in the area and provides background on the history of tribal lands. It defines key legal terms and discusses the constitutional position of tribal lands as well as trends regarding amendments made to the Chotanagpur Tenancy Act and Santhal Pargana Tenancy Act. The document also examines Jharkhand's industrial policy, requirements for corporate social responsibility, and the current status and political aspects regarding tribal lands in Jharkhand.

1. CNT/SPT ACT
Mr. Abhay XAXA – Research Fellow –JNU – on CNT/SPT
Mr. Mithleshwar Hembrom- MHA (TISS Mumbai),LLB – DU
Mr.Balbadra Birua – Assistant Professor (DU) Phd (JNU)
Mr.Arun Oraon –Research Fellow (JNU New Delhi)
Prem Chand Murmu - MA (JNU) Experts & Tribal Social Engineer

2. HISTORY OF THE TRIBAL LAND
Mr. Abhay XAXA – Research Fellow –JNU – on CNT/SPT

3. Legal Terms & Definition
 Schedule Area Scheduled Areas means such areas as the President may by order declare to
be Scheduled Areas.- areas inhabited by aboriginals - socially and economically backward special
effort need to be made to improve their conditions
 Raiyat -Person who has acquired a right to hold land for the purpose of cultivating it by himself or
members of his family or servants or partners
 Tenancy - Section 4 of the CNT Act describes following classes of tenants :
1. Tenure holders including under-tenure-holders.
2. Raiyat, namely
occupancy-raiyats, that is to say raiyats having a right of occupancy in the land held by them ,
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 Khut Kattidar – A Mundari who cleared the jungle and made the land fit for cultivation and his
descendants in the male line
 Mundari Khuntkhanti - Means a Mundari who has acquired a right to hold jungle land for
the purpose of bringing suitable khunkatti- portions thereof under cultivation by himself or by' male
members of the his family, and include the beira ,male in the male line of any such Mundari, when
they are in possession of such land OJ: have any subsisting title thereto, and
(b) as regards =y portions of such land which have remained continuously in the possession of any
such Mundari and his descendant in the male line, such descendants
Source -Ministry of Tribal Affairs

4. History of Tribal LandHistory of Tribal Land
 1756-Fauzdari System System-Village will settle all Problem - No police is
permitted
 1833-Kol Rebellion -Military Collectorship
 South west frontier agency –Non regulation province –No rule from Kolkata
 1919 -Backward Patti
 1874 –Schedule Zila Adiniyam
 1935-Excluded area (5th
Schedule )& Partially excluded area (6th
Schedule )
 CNT Act, enacted in 1908 & SPT in 1949.
 Birsa Movement to govern land issues and prevent land alienation
 Blueprint of the act was prepared by John Hoffmann, a missionary social
worker.

6. LEGAL ASPECTS
Mr. Mithleshwar Hembrom- MHA (TISS Mumbai),LLB – DU

7. Constitutional Position
1.President is the custodian of the 5th
Schedule
2.Indirect encroachment of 5th
Schedule of Indian Constitution
3.Implies it is beyond judicial review-Kesavananda Bharathi Vs.State of Karela
-1973 ,I.R.Cohelo Vs. State of Tamil Nadu (Y.K.
Shabarwal)
4.Recommendation of Tribal advisory council is mandatory
5.Violation of Right to live with dignity ( Article - 21 )
6.Violation of right of Freedom of religion( Article 25 & 26)CURRENT TREND
1.Initiated with Ordinance & Without Recommendation & proper discussion in
the Tribal advisory council(TAC)/ Vidhan Sabha
2.All opposition party & various tribal groups not agreed & given memorandum
to Governor /President
3.Momentum Jharkhand -210 MOU

8. CNT/SPT Act Amendment -2016
Sl No Sec. CNT SPT Amendment Repercussion CNT/SPT
1
Sec
21 13
• Agriculture land to non
agriculture land
• Govt can prepare list of area
any time
• Ownership remain with
Raiyat
Non agriculture
activities - lagaan
Use of land
49 20
• Any Public project ,govt can
acquire land
Only for industry
& mines
Transfer of
land
2
71 53
• Returned of land within 5
years ,if not established .
• End of SAR Court
• Occupied land will be
legalised by giving
compensation
Not retuned &
sold out
Returned of
land3

9. Jharkhand Govt. Views
 Simplification-Whom?
 Nobody can acquired the land- Why Amendment ?
 Raiyat can not transfer land-
 Govt Project -4 time value-4 month (S.49-Sale
purchase-Compensation )
 Acquired land -5 years - returned if not established-
HEC Tisco Etc

10. Indigenous Ethos
 Magna Carta through CNT/SPT
 Backdoor amendment & Encroachment of 5th
& 6th
schedule of Indian Constitution
 Right to live with dignity -Violated (Article -21)
 Violation of right of Freedom of religion( Article 25 &26)
 Non implementation or improper implementation of
CSR Policy
 Misuse of land by Industrialist

11. LAW OF LAND
Mr. Arun Oraon –Research Fellow (JNU New Delhi)

12. Jharkhand Industrial Policy- 2012
 Land bank in each district by acquiring a min of 200-500
acres
 Identify & utilize land that is owned by the Govt or
common land,
 Direct Purchase of Land for Industrial Enterprises shall be
done as provided under CNT/SPT Act.
 Provision of Schedule Area Act (PESA) shall be applied in
wherever applicable.
 Conversion of agricultural land for industrial purpose the
prevailing revenue rules pertaining to rent and transfer will
be applicable.

13. CSR Policy
 Eradicating extreme hunger & poverty & Promotion of
education
 Promoting gender equality and empowering women
 Reducing child mortality and improving maternal
health
 Combating human immune deficiency virus ,acquired
immune deficiency syndrome, malaria & other
diseases
 Ensuring environment sustainability & Employment
enhancing vocational skills
 Social business projects
 Contributions to Prime Minister Fund or any other
fund set up by the Central Govt or the State
2% of the average net profit -
Preceding three financial years
Ministry of corporate affairs

14. TREND & CURRENT STATUS
Mr.Balbadra Birua – Assistant Professor (DU) Phd (JNU)

22. POLITICAL IMPOSTURE
Prem Chand Murmu - MA (JNU) Experts & Tribal Social Engineer

23. Jharkhand -19th
Position

24. Ruhr of Indian & Reality
POLITICAL ASPECTS
P-PESA
Domicile
Delimitation
ETC
SOCIAL ASPECTS
Population (Around 50%-26%)
Industrialization-Maximum
Mining- -Maximum (40%)
Migration - Maximum (….%)
Unemployment-27.4
Health problem –BIMARU STATE
Literacy rate -26.3 %
Deforestation -Maximum (….%)
Districts are extremist affected(19 out of 24 )