Can an ST gift or donate a land to general or SC

334 votes

As per the Section 46 to 49 of the Chota Nagpur Tenancy (CNT) Act, 1908, which is applicable in the states of Jharkhand, Odisha, and West Bengal in India, CNT land is considered non-transferable, which means that it cannot be sold, gifted, or donated to non-tribal individuals or entities without the permission of the Deputy Commissioner of the concerned district.

However, there are certain exceptions to this rule. For example, a tribal person can transfer his/her CNT land to another tribal person by way of sale, gift, exchange, or lease. Additionally, a tribal person can transfer his/her CNT land to the government for public purposes.

LawRato LawRato

651 votes

Venerated sir,
As per the law of CNT you can not take the ST land in any manner whatsoever. It stipulates that SC can buy SC land and ST can buy ST land, hence other caste in Jharkhand cannot transfer the property to other caste. Feel free to call me more information.

Advocate Anil Kumar Singh LawRato

551 votes

No. No such gift can be occassioned. A ST can transfer land to another ST only after taking permission under CNT Act from the Deputy Commissioner, Ranchi. You can easily locate similar lands elsewhere.

Advocate Ashutosh Anand LawRato

346 votes

The question pertains to land transactions in the context of Special Tribal and Scheduled Castes (ST/SC) land laws, particularly in the states of Jharkhand and West Bengal, governed by the Chotanagpur Tenancy Act (CNT Act). Here's an explanation:
CNT Act (Chotanagpur Tenancy Act):

• The Chotanagpur Tenancy Act, applicable in Jharkhand, is a significant piece of legislation that regulates landownership and transactions in specified tribal areas.
• It is aimed at protecting the land rights of Scheduled Tribes (STs) and other marginalized communities.

Land Transactions in ST/SC Areas:

• In areas governed by the CNT Act, there are often restrictions on the sale or transfer of land from STs to non-STs or from SCs to non-SCs.
• These restrictions are in place to preserve the land rights of STs and SCs, ensuring that land transactions do not lead to their displacement or loss of livelihood.

Non-Saleable Land:

• The CNT Act designates certain land as "non-saleable," meaning it cannot be sold or transferred to non-STs or non-SCs in most cases.
• The objective is to protect the land rights of the tribal and marginalized communities.

Permissions and Exceptions:

• In some cases, there are provisions for seeking permission or exceptions to the restrictions for land transactions.
• It's important to consult local authorities and legal experts to navigate these regulations and understand the specific conditions under which land transactions may be allowed.

West Bengal and Other States:

• West Bengal also has its own land laws, which may be different from those in Jharkhand.
• Regulations regarding land transactions in tribal and SC/ST areas can vary from state to state.

If you are considering a land transaction in an ST/SC area, it's crucial to consult with local authorities and legal experts who are well-versed in the specific land laws of the region. They can provide guidance on compliance with these laws and any necessary permissions.

Advocate Chikirsha Mohanty LawRato