SHILLONG: The KHADC Executive Member (EM) in-charge of Trade Paul Lyngdoh presented a report of the Executive Committee (EC) on the revision of the United Khasi-Jaintia Hills Autonomous District (Trading by non-tribals) Rules, 1959 during the summer session held on Tuesday.
Lyngdoh also introduced the Khasi Hills Autonomous District (Trading by Non-Tribals) Rules, 2019.
Lyngdoh said the EC after due consideration deems it necessary to revise the license fees to be paid by a non-tribal trader doing trade or business within the tribal areas of Khasi Hills District with effect from the financial year 2019-2020.
He further said the decision to amend the first and second schedule of the Khasi Hills Autonomous District (Trading by non-tribals) Rules, 1959 as amended is based on the fact that the existing license fees can no longer sustain even the basic requirements for the administration of the matter.
As for the corrigenda and addenda to the Khasi Hills Autonomous District (Trading by Non-Tribals) Rules, 2019 , Rule 2 (s) which defines profit-earning institutions with a proviso being added, “Provided that these shall not include institutions which are sponsored and run by charitable and philanthropic organisations.”
In Sub-Rule (2) (c) of Rule 4, a proviso was added, “Provided that the chief of the Elaka/Hima concerned may issue recommendation certificate only in the case where there is no recognised headman and local Dorbar.”
In Sub Rule (3) (a) of Rule 4, the word co-operation will read as “Corporation”.
To further revise the United Khasi-Jaintia Hills Autonomous District (trading by Non-Tribals) Rules, 1959, in Rule 2 (1) (a), the KHADC has defined an agent which means a person duly authorized by the licensee to perform business transactions covered by the latter’s license.
As for the term of license, the revised rules state that every license granted under the Regulation and these Rules shall be valid for one year commencing from the first of April of a calendar year and expiring on the thirty first day of March of the succeeding year, unless it is suspended or cancelled by the Licensing Officer in accordance with the provisions of the Regulations and these Rules.
The licensee shall also display the license bearing the seal and signature of the licensing officer in a conspicuous place at the principal place of business, the Rules said.
An application for renewal of license shall be submitted to the Secretary, executive committee within 30 days before the date of expiry of the license.
As per the revised rule, the licensee should notify the name of agent within days from the date of receipt of the license, furnish in writing to the licensing officer the name or names, detailed particulars and signature or signatures of the person or persons authorized by him to transact his business as specified under the license granted to him. Thereafter, all acts done or purported to have been done by such person or persons shall be taken as to have been done by the licensee.
The revised rule also mentions about the power to enter any premises and inspect, search, seize goods, documents and others by the licensing officer or any officer duly authorized by the Executive Committee under section 7A of the Regulation or any books of accounts or documents or things which in the opinion of the licensing officer or officer will be useful for or relevant to any proceeding under the Regulation or these Rules are suspected to have been kept or concealed and may inspect such goods, materials, books of accounts , documents or things and may take such notes or extracts there from as may deem fit.
As for the transfer of license, the revised Rule stated that license granted under the Regulation and these Rules can only be transferred to the immediate family member of the deceased licensee holder. As far as compounding of offences is concerned, for the purpose of Section 7B of the Regulation, the Licensing Officer or any officer duly authorised by the executive committee may compound any offence committed by any person under the regulation or these rules by making a written offer to the person to compound the offence upon payment by that person of a fine not exceeding twenty-five per cent of the amount of the goods or commodities seized.
The revised rule states that any person who employs or engages a non-tribal as labourer or employee shall within seven working days from the date of such employment obtain labour service license for his non-tribal labourer or employee in his trade or business as required under the Sub-Section 5 of section 2 and Sub-Section 2 of Section 3 of the regulation, 1954.
An application for renewal of non-tribal labour service license shall be submitted to the licensing officer 30 days before the date of expiry of the license and accompanied by renewal application fee as may be specified by the EC from time to time.
If the licensee fails to apply for renewal for the license within a period of 15 days from the date of its expiry, the license shall automatically stand cancelled, the Rules stated. Again, the Rules mentioned that the Licensing Officer or any officer duly authorised by the EC may at any reasonable time enter any premises to check the possession of the non-tribal labour’s service license and direct the employer to obtain his/her non-tribal labour service license.