SHILLONG: The Khasi Hills Autonomous District Council (KHADC) has decided to recall the Khasi Hills Autonomous District (Allotment, Occupation or use or Setting Apart of Land) Regulation, Bill, 2014 and substitute it with The Khasi Hills Autonomous District (Regulation and Administration of land) Bill, 2019.
Presenting a report of the Executive Committee (EC), Executive Member in charge of Land, Titos Chyne, said the EC after scrutiny of the Land Bill, 2014, deemed it necessary to recall and substitute the bill with ‘The Khasi Hills Autonomous District (Regulation and Administration of land) Bill, 2019’ which provides for codification of the prevailing customary land tenure system in Khasi Hills district and at the same time to regulate and administer the landholding system.
“Accordingly, the Khasi Hills Autonomous District (Allotment, Occupation or Use or Setting Apart of Land) Regulation, Bill, 2014 is hereby recalled and substituted by The Khasi
Hills Autonomous District (Regulation and Administration of land) Bill, 2019,” Chyne said.
He informed that the bill was passed by the Council on October 24, 2005, but the then Governor returned it on March 18, 2008 with a message that Section 2 (a) as defined in the regulation bill “mean 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 means of transfer including sale, lease, mortgage, exchange, gift, etc., for any purpose” and this definition is clearly in conflict with the interpretation rendered by the Constitution Bench of the Supreme Court in AIR SC 787 (The District Council of United & Jaintia Hills — vrs- Mrs Sitimon Sawian) which observed that the allotment, occupation or use or setting apart of land does not take within its fold the transfer of land.
Subsequently, the matter was placed before the Council on October 22, 2008 along with a copy of the Governor’s message.
After deliberation, the Council authorised the Executive Committee to seek legal opinion and to re-examine the matter.
Chyne informed that later, the EC, after due consideration, re-examined the matter whereby Section 2(a) has been corrected and rephrased as “Allotment” means distribution or setting apart of land to a person who is a Khasi inhabitant of the area to which this Act extends by means of conferment of the title or right to use and occupy the land including sale, lease, mortgage, exchange, gift, etc., for any purpose. The same was placed again and passed by Council on October 18, 2012.
Thereafter, the District Council Affairs Department in a letter dated January 18, 2013 returned the bill with the observations that “The pitch and substance of the Khasi Hills Autonomous District (Allotment, Occupation or Use or Setting Apart of land) Regulation, Bill, 2012 is the same as that of the Principal Bill of 2005 and hence the Bill is not within the Legislative competency of the Khasi Hills Autonomous District Council. However, the Regulation in original is enclosed herewith for re-examination”.
Again, the Executive Committee after re-examination of the Land Bill, 2012 as modified certain provisions of the bill including the definition of “Allotment” of the Regulation Bill so as to mean “Allotment- means distribution or setting apart of land to a Khasi for occupation and use for a definite purpose” and a new bill namely the “Khasi Hills Autonomous District (Allotment, Occupation or Use or Setting Apart of Land) Regulation, Bill, 2014” was passed again by the Council. Chyne said that the Regulation Bill, 2014 is lying with the state government since then.
