SHILLONG: The Khasi Hills Autonomous District Council (KHADC) has recalled and substituted the Khasi Hills Autonomous District (Allotment, Occupation or Use or Setting Apart of Land) Regulation, Bill 2014 by The Khasi Hills Autonomous District (Regulation and Administration of Land) Regulation, Bill, 2020.
The Chief Executive Member of the KHADC, Titosstarwell Chyne, introduced the Bill at the budget session of the Council on Wednesday.
Presenting a report of the Executive Committee on the 2014 Bill, Chyne provided details of the Bill, then titled, Khasi Hills Autonomous District (Allotment, Occupation or Use or Setting Apart of land), Regulation, Bill, 2005 which had been returned by the Governor in 2008 with a message.
He said that the Executive Committee after scrutiny of the Khasi Hills Autonomous District (Allotment, Occupation or Use or Setting Apart of Land) Regulation, Bill 2014 deemed it necessary to recall and substitute it by The Khasi Hills Autonomous District (Regulation and Administration of Land) Regulation, Bill 2020 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.
Section 9 states that as per the prevailing custom the Chief and his Dorbar shall have the power and the authority to regulate Sale, Gift, Lease, Mortgage and alienation of Land
“No land already settled, allotted, occupied or used or set apart by or under the sanction of the Chief and his Dorbar under the provisions of this Act shall be sold, mortgaged, leased, gifted or alienated in any form by any person to a non Khasi or company without the prior sanction of the Chief and his Dorbar and duly approved by the Executive Committee which should be applied for and obtained in writing. Such applications shall be dealt with and disposed of in accordance with the provisions of this Act and the Prevailing Custom prevailing in the District Council”.
It also states that no land whether vacant or occupied shall be used for setting up of industry without the prior permission of the Executive Committee.
“Provided that such application for permission shall be disposed of within a period of three months. In the event, that such approval was not accorded within the stipulated period it shall be deemed to be approved. Provided further that f approval is refuse the ground of refusal shall be recorded in writing and on reasonable ground”, the Bill states.
Appeals against any order made by any authority under the provisions of this Act shall lie to the Executive Committee to the District Council whose decision shall be final.
As for appeals, the Bill states that every appeal made under this section shall be preferred by a party within three months from the date of the order appealed against. However delay, if any, in filing the appeal beyond the period of one month may be condoned by the appellate authority on good and sufficient reasons shown by the appellant for such delay.
The Bill also prescribes the classification of land and the type of lands within Khasi Hills Autonomous District which are Ri-Kynti Land includes Ri Kur, Ri Nongtymmen, Ri Maw, Ri Seng, Ri Khain, Ri Duwat, Ri Khurid, Ri Bitor, Ri Dakhol, Ri Shyieng, Ri Phniang, Ri lapduh, Ri Lynter, Ri Spah, Ri Longdung, Ri Pud, Ri Kut and Ri Lyngdoh, Ri Syiem, Ri Khain Raibuh or by any other similar connotations recognised as such in the respective Elakas.
Ri Raid lands includes – Ri Shnong, Ri Shnat, Ri Kuna, Ri Bam Syiem, Ri Law-Kyntang, Ri Law Lyngdoh, Ri Niam, Ri Law-a-dong, Ri Law Sang, Ri Law Sumar, Ri Bam Lang, Ri Lynter, Ri Leh Mokotduma, Ri Aiti Mon Sngewbha, Riphlang, ribamduh, Ridiengsai-diengjin, R Samia or by any other similar connotations recognised as such in the respective Elakas.
Creation of land banks
The Bill also provided for creation of land banks. The Executive Committee may with the consent of the Chief and his Dorbar, Dorbar Raid, Dorbar Shnong or the Land Owner as the case maybe may declare certain Area of Land as Land Bank. Such a Declaration shall be reported to the District Council in session.
The Declared Land Bank shall be allotted only to a landless person or person who are below the poverty line (BPL) belonging to Khasi tribe for the purpose of sustaining their livelihood or settlement under terms and conditions as may be prescribed by the Rules framed thereunder.