SHILLONG, Feb 10: Peeved at a recent state government advisory to close all toll gates, a delegation comprising Grand Council of Chiefs of Meghalaya chairman John F Kharshiing, Syiem of Hima Nongkhlaw Phrester Manik Syiemlieh, and representatives from other Himas on Friday called on Chief Secretary DP Wahlang, seeking clarification on the advisory.
Speaking to media persons following the meeting, Syiemlieh said that various Himas have been badly affected in view of the recent advisory by the District Council Affairs department, asking them to close all the toll gates.
“The Himas depend on the toll gates for their revenue. We will not be able to run the affairs of Himas since they have no other resources to generate funds,” Syiemlieh said, arguing that the advisory will impact their administration as the revenue is used in meeting various expenditures such as supporting office staff, judicial and administrative works, etc.
Calling for an early resolution to what appears to be overlapping of jurisdiction of NHAI and the traditional institutions on the national highways, Syiemlieh said that they have asked the Chief Secretary to issue a clarification on the advisory.
“We have also urged the government if it can allow the Himas to continue to operate these toll gates as they are very critical for generating funds to manage its various activities,” he said.
It may be recalled that the DCA department had issued an advisory to the deputy commissioners of all the districts, requesting them to close all toll gates erected by the Autonomous District Councils or authorities acting under them, including the traditional bodies, on the national highways, state highways, and major district roads in view of the National Highways Act 1956, The Control of National Highways (land and Traffic) Act 2002.
The Syiems, in their memorandum, also drew the attention of the Chief Secretary to the judgment and order dated 24th August 2010 from the division bench of the Guwahati High Court, now High Court of Meghalaya — “57. Having regard to the gamut of the legal and constitutional provisions referred to hereinabove, we are thus inclined to hold that the customary practice of collection of tolls by the Syiems and their Durbars had at the point of commencement of the Constitution of India acquired a force of law and was saved by Article 372 thereof so much to that exactions continued to be valid in terms of Article 277.”
Kharshiing, during the meeting, also drew the attention of the Chief Secretary to the State Finance Commission Act 2012, which mandated that there would be a regulatory authority to determine the sharing of revenues between the state government, district council, traditional bodies and municipal bodies, and would need to be looked into.
The memorandum also drew the attention of the Chief Secretary to clause 5 of the Instrument of Accession and Annexed Agreement signed and accepted by the Government of India on August 17, 1948, which mandated that central laws should be modified to suit the conditions existing in the Khasi States.
The Chief Secretary has also been requested to form a committee of stakeholders to discuss such matters in depth for seeking a way out.
Meanwhile, Kharshiing has called for amendments to various provisions in the National Highways Act, which are in conflict with customary land and social laws.
Kharshiing also informed that the Chief Secretary has assured of examining and discussing the issue with legal experts.
It was also assured to the delegation that any decision on the issue, if taken, will be only intimated after March 2, in view of the enforcement of Model Code of Conduct.
The delegation has, meanwhile, agreed to follow up the issue after the Assembly elections.