Closing down of shops in Iewduh
Shillong: The Khasi Hills District Council recently closed down at least 37 shops belonging to non-tribals in Iewduh on the plea that they did not have trading licenses and therefore violated the provisions of the Sixth Schedule of the Constitution.
Several traders who have run their businesses for the past 20 years or more say that this tactic has been employed by the KHADC to harass them and to make money at their expense.
A non-tribal trader who has run his business in a Municipal area wonders how the KHADC’s jurisdiction could overlap with that of the Shillong Municipality.
“Earlier we were told to get a No Objection Certificate (NOC) from the Rangbah Shnong for issuance of a trading license. Now the new rule of the KHADC is that we have to get a no objection from every members of the executive committee of the Dorbar Shnong under whose jurisdiction we live. While acknowledging the need to protect the tribal interest, the KHADC cannot also violate the provisions of the Indian Constitution which provides for justice and equity to every Indian citizen,” the trader lamented.
Legal experts aver that the KHADC has perhaps over the years over-stepped its limits and encroaching on the fundamental rights of Indian citizens to conduct any business or trade in any part of the country but especially in their state of domicile Meanwhile, Executive Member in-charge Trade Latiplang Kharkongor said that the Council has become more stringent in issuing of the trading licenses. “This is an attempt to safeguard the interest of the indigenous population,” he said.
“It is true that we have made it mandatory that NoCs for applying of the trading licenses should have the consent of the whole Executive Committee (EC) of the Dorbar Shnong,” he said adding that the Council has changed its policy since it is found in many of the Dorbar Shnong where the Rangbah Shnong on its own gives the NoC without the knowledge of the members of the EC.
While referring to the Trading of Non-Tribals Regulation, 1954, he said that it is because of this law that they are able to regulate the business activities of the non-tribals.
“All the non-tribals would have to obtain the Trading Licenses from the district council if they want start any business activities within the scheduled areas,” Kharkongor said.
He said that as per Section 10 of the Trading by Non-Tribal Regulation Act of 1959, the Council can stop issuing trading license to a non-tribal entity if a tribal is competent enough to do the same trade.
