Operation trading license
SHILLONG: In a significant judgement, the High Court of Meghalaya single bench has made it mandatory that a tribal who gives his shop on rent to any non-tribal would have to obtain a trading license from the KHADC in accordance with the provision of the Khasi Hills District (Trading By Non-Tribal) Regulation, 1954.
While hearing the writ petition filed by one Deoris Marbaniang on July 10 questioning the decision of the KHADC to close her nine shops at Nichol Roy’s building at Iewduh, GS road, Justice TN Singh passed a judgment by stating that the petitioner (Marbaniang) is at liberty to rent out her shops after complying with the requirement which are applicable to the non-tribal businessman as laid down in the regulation.
He further said in the judgment that for running of the shops by the petitioner herself, no license is required under the regulation.
“Further, no license will be required for letting out the shops of the petitioner to any tribal businessman belonging to the Scheduled Tribe community of the State. The Council is directed to dispose of the application by the petitioner (Marbaniang) or non-tribal businessman for granting license under the regulation within a period of one month from the date of receipt of the judgment,” Justice Singh added.
The Court has also directed that the Council that it shall open the nine shops of Marbaniang which was closed on May 29 2014 by following procedures prescribed under 7 A and 7 B of the Khasi Hills District (Trading By Non-Tribal) Regulation, 1954 within a period of two weeks from the date of passing of the judgment.
Delighted by this judgment of the court, EM in charge Trade Latiplang Kharkongor told newsmen on Tuesday said that any tribal who let out their shop to any non-tribal from now onwards would have to obtain a trading license.
“This is a landmark judgment of the court which would allow the Council to safeguard the interest of the indigenous tribal in a more effective way,” he said.
While quoting Section 7 A of the Regulation, EM in charge Trade Latiplang Kharkongor stated that when any person is found to be carrying on trade and business without a valid trading license in contravention of the provisions of this Regulation , the Licensing Officer or any officer or officers duly authorized by the Executive Committee on its behalf may with such assistance as deemed necessary seize the goods, commodity or commodities traded including the tools and equipments used for the purpose of such trade or business and may close down and seal the shop or trading premises or order such person to refrain from carrying on his trade and every such seizure shall be reported by the EC.
He said that Section 7 A further stated the EM in charge or any officer or officers having the power to seize the commodities as duly authorized by the EC shall have the power to compound the offence by realizing a fine from the non-licensed traders at the rate varying from Rs 50 to Rs 3000 according to value of the trade under the proper receipt given thereof and the amount of fine so realized shall be deposited forthwith to the district council fund.
While quoting Section 7 B (i) of the Regulation, EM in charge Trade said that the commodity or commodities including the tools or equipments seized under the provisions of the Regulation shall be kept under proper custody of either the trader concerned himself subject to production before the authorities concerned at any time so required or under the custody of the officer who will make out a list of all the seized commodities or materials.
“We would now follow the exercise as laid down in Section 7 A and 7 B before we re-open the nine shops as directed by the Court,” he said.
Informing that the shop owner (Marbaniang) had claimed that the Council had not served any notice before closure of the nine shops, he said that the fact is that they had first issued show cause notice which was followed by closure notice.
“We had presented this fact before the Court,” Kharkongor said.
The Council so far has closed a total number of 66 shops in Iewduh area.