Cnt issue Cnt issue

5 months ago

I belong to (namasudra) subcaste of scheduled caste which is recognized in west bengal as sc, but I want to take business loan in jharkhand for starting a business and the bank wants to keep my land which is in jharkhand as mortgage.
The problem is they are saying that since I belong to sc my land is cnt. I have provided then all the details that in jharkhand my subcaste is not recognised as SC for that the evidences are from cnt act of 1950, jharseva website but still they are not convinced, what should I do

Abhimanyu Shandilya

Responded 4 months ago

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A.Dear Client,
You apply for loan to a government bank if not already done. In case they reject your loan then you can file a writ petition in Jharkhand High Court against the arbitrary action of the bank and get an order from the bank to give you loan.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear client,
Firstly,Gather all relevant documents proving that your subcaste is not recognized as SC in Jharkhand, including references to the CNT Act of 1950 and information from the Jharseva website. Take the legal assistance if needed it will aid a lot. Clearly communicate with the bank, providing them with the evidence and legal references. Request a reconsideration of their decision based on the accurate information about your subcaste status in Jharkhand. If the issue persists, you may need to escalate the matter within the bank, possibly reaching out to higher authorities or the grievance redressal mechanism of the bank. If all else fails, you might consider reaching out to relevant regulatory bodies overseeing banking practices in your region. Considering all these you should always consider legal help and assistance for proper understanding of law, and acts.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
As per 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. 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. 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. They can provide guidance on compliance with these laws and any necessary permissions required for a mortgage against a Bank loan.
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