SHILLONG, July 2: A constitutional standoff is brewing over the KHADC’s move to regulate the unorganised labour sector, with Cabinet Minister Sanbor Shullai warning that mandatory licensing for non-tribal workers violates fundamental rights and oversteps the legal boundaries of the Sixth Schedule.
The South Shillong MLA has petitioned Governor CH Vijayashankar to withhold assent to the Khasi Hills Autonomous District (Trading by Non-Tribals) (Amendment) Bill, 2026. Shullai contends the legislation exceeds the powers granted to District Councils under Paragraph 10 of the Sixth Schedule and potentially violates Articles 14, 19(1)(g), and 21 of the Constitution, which guarantee equality and the right to livelihood.
In his representation, the Minister argued that the Bill could undermine a 70-year-old legal framework and expose the KHADC to litigation from industrial establishments and companies.
Defending the Bill, Laban-Mawprem MDC Ricky Shullai on Thursday claimed the measure is “misunderstood.” He asserted the amendment is not a new labour law but an update to the 1954 Act to address modern economic realities.
The core of the controversy lies in the proposed Non-Tribal Employees’ Service Licence (NTESL). Under the Bill, any employer—tribal or non-tribal—bringing workers from outside the state for the unorganised sector must obtain this licence. The process introduces a significant local hurdle: applicants must secure a No Objection Certificate (NOC)
from the concerned Dorbar Shnong, effectively positioning traditional institutions as regulatory gatekeepers for migrant labour.
The MDC clarified that the NTESL would not apply to employees in government offices, banks, defense, or educational institutions. “The objective is not to prevent non-tribals from working, but to ensure employment opportunities for local residents are protected,” he said, citing a lack of indigenous representation in commercial hubs like Iewduh.
The KHADC Executive Committee, led by CEM Winston Tony Lyngdoh, has modelled the Bill on similar provisions already approved for the Jaintia Hills Autonomous District Council (JHADC). Lyngdoh stated the Council views the “unrestricted influx” of unorganised workers as a matter of concern and intends the NTESL to serve as a regulatory mechanism.
However, critics point out that the “unorganised sector” remains a broad and vague classification that could impact everything from construction sites to domestic help. While the MDC noted that the Opposition’s recent walkout in the Council was over procedural grievances rather than the Bill’s content, the Minister’s formal objection to the Governor sets the stage for a legal battle over the Council’s jurisdiction to regulate the private labour market.
