Land owners want Centre to recognise customary laws

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SHILLONG: The Meghalaya Land Forest Owners Association (MLFOA) has submitted a memorandum to Lahkmen Rymbui, Minister of Forest and urged him to move the state government to urgently consider a discussion on the recent Supreme Court order and move amendments to the Forest Conservation Act 1980.
According to the association, the Forest Conservation Rules 2003, Indian Forest Act 1927, the Assam Forest Regulation 1891, the Forest Based Industries (Establishment & Regulation) Rules 1998, and the Indian Registration Act 1908, including many acts/rules are in conflict to the customary land-holding system which has been recognised by the Supreme Court recently and the central acts also violate section (2) of the Annexed Agreement of the Instrument of Accession, August 17, 1948.
Advisor of the association, John F Kharshiing said the minister was informed that previous forest ministers have not made efforts to address the issue.
He hoped that Rymbui will be able to resolve the numerous prevailing anomalies and contradictions.
Rymbui was informed that due to contradictions in law, all timber industries and timber-related activities are functioning in conflict to customary laws such that many a time, sawmills have to function illegally as government has no land to set up industrial estates in the 11 districts and 46 C&RD Blocks, 54 Hima/Elaka, in Khasi Hills, 19 Elaka in Jaintia Hills.
Rymbui was also informed Donkupar Roy, the then Chief Minister constituted a committee comprising the Autonomous District Councils, MLFOA and officers of the Forest Department on June 13, 2008.
The committee submitted a report as to how the forest owners and the state government were losing around Rs 18 crore per annum due to the contradictions in Laws, Acts and Rules.
They expressed their serious concerns as a number of central laws appear to slowly undermine the rights of the indigenous people.
The MLFOA felt in view of the recent Supreme Court ruling on ownership of land and its resources by the Khasi, Jaintia and Garo people, the state government must come forward to resolve these pending issues.
The minister assured the MLFOA that he would review and  seek opinion from the officers of his department and the law department on the matter in view of the earlier Meghalaya Assembly resolution passed unanimously by 60 MLAs on April 13, 2000, which was strangely not followed up and not even sent to the central government.

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