SHILLONG, July 19: The Meghalaya BJP on Sunday asserted that the constitutional authority of Nokmas over Akhing lands cannot be overridden by administrative agencies or statutory bodies, with party vice president and Tura MDC Bernard N. Marak warning that employers and labourers who bypass the traditional institution would face a fine of Rs 10,000.
Backing the unanimous decision taken by the Nokmas of Garo Hills, Marak said the requirement for labourers to obtain a No Objection Certificate (NOC) from the concerned Nokma before entering or working in Akhing lands was essential to safeguard the constitutional rights of indigenous communities and preserve the traditional governance system recognised under the Sixth Schedule of the Constitution.
He said reports of labourers entering various parts of Garo Hills, including Tura, without the consent of the respective Nokmas were a matter of serious concern.
According to him, any mechanism that permits entry into Akhing lands without recognising the authority of the Nokma weakens the constitutional safeguards guaranteed to the tribal people.
Maintaining that the Nokma is the traditional custodian of Akhing lands, Marak said the institution predates modern legislation and continues to enjoy constitutional protection.
He argued that no executive action or administrative practice can supersede the constitutional status accorded to the traditional institution.
Marak said employers must ensure that every labourer engaged in Akhing areas obtains an NOC from the concerned Nokma before commencing work.
He also noted that applications for the certificate could be submitted through the designated online portal and that, under the resolution adopted by the Nokmas, a fine of Rs 10,000 would be imposed on both employers and labourers for violations.
He, however, stressed that the primary responsibility rests with employers who engage workers without obtaining the mandatory clearance.
The Tura MDC also said Nokma Committees are being activated across Garo Hills to monitor compliance with the resolution and take action against violators in accordance with the decisions of the Nokmas and applicable laws.
Taking exception to existing administrative practices, Marak said a labour licence issued by the Labour department is only a statutory document and should not be treated as a substitute for the consent of the traditional land authority.
He maintained that labour licences relating to employment in Akhing lands ought to be processed only after the concerned Nokma has issued the mandatory NOC.
The BJP leader further contended that Development Committees registered under the State Societies Registration Act have no constitutional authority over Akhing lands and therefore cannot issue NOCs in place of the Nokmas.
Such committees, he said, must function in accordance with customary laws and obtain the approvals required under the traditional governance system, including compliance with applicable regulations.
Describing the issue as one involving constitutional rights rather than mere administrative procedure, Marak said the protections guaranteed under the Sixth Schedule cannot be diluted by executive authorities or institutions created under ordinary legislation.
Urging employers, contractors, agencies and institutions operating in Garo Hills to strictly comply with the decisions of the Nokmas, the Tura MDC said that respecting the authority of the traditional institution was essential to protect the land, identity and autonomy of the indigenous people.
