Wednesday, January 15, 2025
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Law panel chief for codification of land tenure system

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SHILLONG: Chairman of State Law Commission and MLA from Nongstoin, Macmillan Byrsat pointed out the need to codify the land tenure system of the three tribes-Khasi, Jaintia and Garo.
He told reporters the State Law Commission will consult with the three Autonomous District Councils (ADCs) of Khasi Hills, Jaintia Hills and Garo Hills on the codification of land tenure system.
“The three ADCs will be consulted in this regard and a draft for codification will be prepared very soon after consultation with the three ADCs,” the chairman of State Law Commission said.
According to him, the codification of land tenure system will ensure no interference from other forces.
Byrsat showed a copy of the then Governor, SS Sidhu’s message after he returned the Khasi Hills Autonomous District (Allotment, Occupation or use or setting apart of land) Regulation Bill, 2005.
His message stated the District Council lacks legislative competency to make law.
Pointing to Section 2 (a) as defined in the Regulation Bill, 2005, the Governor stated the definition is clearly in conflict with the interpretation rendered by Constitution Bench of the Supreme Court in AIR 1972 SC 787 (The District Council of United Khasi and Jaintia Hills vs Miss Sitimon Sawian) which observed that the allotment, occupation, or use or the setting apart of land does not take within its fold the transfer of land.
Section 2 (a) in the Regulation Bill 2005, states, “Distribution or setting apart of land to any person who is a Khasi and an inhabitant of the area to which this act extends by any means of transfer including sale, lease, mortgage, exchange, gift etc for any purpose.”

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