Council passes resolution urging govt to consult all stakeholders before implementing Investment Promotion Facilitation Act
By Our Reporter
SHILLONG, Dec 19: The Khasi Hills Autonomous District Council (KHADC) on Thursday adopted a resolution to urge the state government to seek the views and opinions of all stakeholders, including the council, before implementing the Meghalaya State Investment Promotion Facilitation Act, 2024 (MSIPFA).
The MSIPFA will allow the Invest Meghalaya Authority (IMA) to buy land and lease the same to private investors.
Tabling the resolution on the first day of the council’s winter session, KHADC Chief Executive Member Pyniaid Sing Syiem said the Khasi land tenure system, prevalent in Dorbar Shnong, Dorbar Raid and Dorbar Hima, is an ideal practice which has preserved the socio-cultural ethos of the Khasi community.
He said the KHADC is mandated under the provisions of the Sixth Schedule of the Constitution of India to protect and preserve the Khasi land tenure system within its jurisdiction.
Stating that the Khasi traditional tribal institutions play a pivotal role in protecting the custom, usages and the land tenure system of the Khasi community, he said the MSIPFA, 2024 will come into conflict with several provisions of the Khasi Hills Autonomous District (Regulation and Administration of Land) Act, 2021 and affect the sentiments of the general public at large.
Syiem mentioned that the Khasi and the Jaintia communities have a very peculiar land tenure system which exists even today.
He said Section 3 of the Meghalaya Transfer of Land (Regulation) Act, 1971 states that no land in Meghalaya shall be transferred by a non-tribal to another non-tribal.
“We want the state government to ensure that any policy that it plans to implement should not dilute the prevailing land tenure system,” the KHADC CEM said.
He said companies are considered non-tribal entities as per provisions laid under the Trading by Non-Tribals Regulation, 1954.
According to him, any indigenous tribals, registered under the Companies Act, 2013 to set up any business or firm, are considered as non-tribal entities. Similarly, he said, companies from outside will not be able to acquire or use any land without the consent of the council.
Syiem made it clear that the council is not against any objective of the state government to come up with a policy for the growth, prosperity and development of the state.
“But we will not compromise on any attempt to dilute the existing land tenure system since it concerns the land rights of the indigenous Khasi tribe,” Syiem said.
Taking part in the discussion, leader of Opposition Titosstarwell Chyne said many pressure groups and individuals have expressed concerns over the establishment of the IMA for direct purchase of land from the people.
Referring to Clause 4 (1) of the MSIFA, 2024, he said the nodal agency (IMA) will be responsible for promoting investment and ecosystem in the state and taking up all activities relating to the setting up of industrial or service sector undertakings and promotion of economic development which include creation of land banks through direct purchase of land or other means.
According to him, this particular clause clearly mentioned that the IMA has the power to directly purchase land.
Clarifying that he is not saying the government cannot purchase land, Chyne said the government in the past purchased land through land acquisition.
He said it is mandatory for the government to get the consent of the Dorbar Shnong and Syiem on the acquisition of any land through the district council.
“But the role of the IMA has been clearly mentioned in the Act that it has the power to directly purchase land. We would like the government to clarify what it means by direct purchase or whether the consent of the council is still necessary or not,” he said.
He further mentioned that there is a line in the MSIPFA, 2024 which states that this decision aims to expedite the creation of land bank by procuring land directly from the public rather than through acquisition record.
“It clearly reflects the intention of the government to purchase land directly without the need to follow Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,” Chyne said, adding that the Opposition has decided to support the resolution.
He said the rights of the council and other traditional bodies as the custodian of the land will be defeated if the government fails to clarify the power of the IMA to directly purchase land from the public.