No violation of Meghalaya Transfer of Land Regulation Act: CM

Staff Reporter

Shillong, Sept 21: The resolution moved by the opposition Voice of the People Party (VPP) legislator from Nongkrem Ardent Miller Basaiawmoit demanding a stop to the gross violation of the Meghalaya Transfer of Land Regulation Act, 1972 was defeated by a voice vote in the Assembly today.

“The Nos have it and the resolution is lost,” Assembly Speaker Thomas A. Sangma said.

The resolution was put to vote after Basaiawmoit announced his decision not to withdraw the resolution citing dissatisfaction with the government’s reply.

Basaiawmoit said there is a violation of the Act, but the government is in a denial mode that people not covered under the Land Transfer Act are rampantly buying land in Ri Bhoi district.

“How can they purchase land when they are not residents of Meghalaya? What will the government do against such people and stop them from purchasing land in Ri Bhoi district?” he asked.

He also asked the government to issue a public notice on the definition of tribal.

In his supplementary reply, Chief Minister Conrad K Sangma said there has been no violation of the Land Transfer Act. “All cases (related to) non-tribal have been based on provisions of the Act,” he maintained.

Sangma further said that any individual can go to the Court if they have concerns that there is a violation of the Act.

“(Because) we have not seen any cases put forward and those cases where the court had given orders, the government has implemented those orders,” he added.

The chief minister also assured that the government will definitely examine the suggestions made by the members on how to strengthen the Land Transfer Act further.

Earlier while moving his resolution, Basaiawmoit had sought to know ‘what action has been taken against those people who are involved in the selling away of our land to the people who are not covered by the Land Transfer Act, especially the Syiem of Raid Myrwet who have voluntarily engaged in this illegal act. Moreover, what action will be taken against those Deputy Commissioner who are willingly registering these lands which are in direct contravention to the provision of the law’.

Earlier, Minister in-charge Revenue & Disaster Management Kyrmen Shylla in his reply said that it is clear that the government while processing any case of transfer, mutation, mortgage, will etc, proceeds as per the provisions laid down in the Meghalaya Transfer of Land Regulation Act 1971 (Act 1 of 1972) and the Meghalaya Transfer of Land Regulation Rules, 1974.

“As of now, no such matter of the gross violation of the Act has come to the notice of the Government,” he said while adding “I would like to impress that the intention of the government is very clear on the matter of transfer of land and that the Act and Rules are followed in letter and spirit, so as to protect the interest of the Scheduled Tribe of the State.”

Ardent opposes ‘attempt’ to weaken Meghalaya Land Transfer Act

Staff Reporter

Shillong, Sept 21: Opposition Voice of the People Party (VPP) chief Ardent Miller Basaiawmoit today alleged the State government’s move to allow doctors from outside the State to buy land in the State as new attempts to weaken the Meghalaya Land Transfer Act

While moving a resolution to stop the gross violation of the Act, Basaiawmoit said that recently, there was a proposal by one of the ministers in the State government to allow doctors from outside the State to buy land in Meghalaya to address the shortage of specialists doctors in the State.

“This is a dangerous proposition and it should not be considered at any cost,” he said.

The Nongkrem legislator also pointed out that even the decision to allot land to bureaucrats at the New Shillong Township is a clear violation of the Land Transfer Act.

He said the State Cabinet took a decision on August 9, 2007, that “the cabinet directed the Revenue Department to examine the feasibility of allotment of land to the professional, bureaucrats etc who could contribute to the development of the State.”

In pursuance of the cabinet decision dated August 9, 2007, the Minister-in-charge of the Urban Affairs Department based on the view of the Revenue Department, approved the allotment of 45.01 acres of land in the NST to the Civil Services Officers Housing Cooperative Society Limited.

Accordingly, the Joint Secretary, Urban Affairs Department under her letter dated August 18, 2008 issued the allotment order for allotting 45.01 acres of land at Rs.19,60,636 and the annual land revenue is fixed at Rs 494 per hectare. As such, the one-time premium of Rs. 19,60,636 in effect works out to One Rupee per square foot.

“The transfer of land to the Civil Services Officers Housing Cooperative Society Limited through a lease is illegal under the Meghalaya Transfer of Land (Regulation) Act, 1971,” Basaiawmoit said.

“Section 3 of the Act prohibits the transfer of land in Meghalaya by a tribal to a non-tribal or by a non-tribal to another non-tribal except with the previous sanction of the competent authority. Section 2 (d) of the Act defines “transfer” of land means “the conveyance of land of one person to another and includes gift, sale, exchange, mortgage, lease, surrender or any other mode of transfer”.

The VPP leader said, “Hence, the lease of government land in New Shillong Township to the Civil Services Officers Housing Cooperative Society Limited violates the Land Transfer Act because there is no provision in the Act.”

In paragraph 2 *(e) of the Meghalaya Transfer of Land Regulation Act, it explains about the definition of a “tribal”, “tribal” means a person belonging to any of the Scheduled Tribes pertaining to Meghalaya and as specified in the Constitution (Scheduled Tribes) Order, 1950 as amended from time to time and, for the purpose of this Act shall also include the Rabhas and Kacharis resident in Meghalaya.

Further, Basaiawmoit said it is very disheartening that there has been an attempt to misinterpret this very definition to encourage other tribes not belonging to Meghalaya to purchase land in Meghalaya on the pretext that they are included in the list of Scheduled Tribes order 1950 adding as a result of this misinterpretation lots of other tribal from other States are now purchasing land in our State, especially in the southern parts of the State, which is clearly in contravention of the Act.

“We understand that the dictionary meaning of the word ‘pertaining’ means, to be connected with a particular subject, event, or situation and also the word, specified which is the past tense of specify, means to explain or describe something clearly and exactly,” he said.

He also said, “We cannot deny the fact that huge areas of land have already been alienated in the name of development, land was given to the NEHU, NEIGRIHMS, ICAR, AirPort, Factories, Arm Forces but what have we received in return, have these institutions benefit the indigenous people. The answer is very simple no. They have become an agent to facilitate the inflow of outsiders into our State only. Even the State government seems to not have any interest to ensure that these institutions should render maximum benefit to the local people.”

NHRC seeks info on de-addiction centres

The National Human Rights Commission (NHRC) has issued notices to chief secretaries of all the States and Union Territories (UTs) and the Secretary, Union Ministry of Social Justice and Empowerment seeking a report on the de-addiction centres.

The NHRC wanted to know how many de-addiction centres are presently available with the Government Sector, can private entities be allowed to set up de-addiction centres, are there any rules or regulations framed under the NDPS Act to regulate the de-addiction centres as mandated in Section 71 of NDPS Act.

It also asked as to what is the mechanism for providing training to the persons employed in such de-addiction centres; and to specify the mechanisms to regulate private de-addiction centres including charges/fees, employment of staff, counsellor, medical staff, food supplied and overall upkeep of such rehabilitation centres.

This came after the NHRC has taken suo motu cognizance of a media report of yet another death of an inmate at a private drug de-addiction centre, which is the third such incident in the recent past.

Reportedly, a 24-year-old man was beaten to death by the people running a De-addiction Centre in Chandramani area of Dehradoon, Uttarakhand on 10th April, 2023.

Prior to this, the Commission had taken suo motu cognizance of two similar incidents at De-addiction Centres in NOIDA and Ghaziabad, Uttar Pradesh, and the reports have been sought.

The Commission has observed that all three rehabilitation centres, two in UP and one in Uttarakhand were being run by private entities. It needs serious consideration as to whether the De-addiction Centres can be allowed to be operated by private entities, and if it is so, whether State(s) have ensured sufficient safety measures in place to protect the interest of the inmates with a view to achieving the desired goal.

Notices have also been issued to the Chief Secretary and the Director General of Police, Uttarakhand calling for a detailed report in the instant case of the death of an inmate at Dehradoon Rehab Centre.

The reports should include the present status of the investigation of the case and compensation and relief, if any, provided to the Next of kin of the deceased.

According to the media report, carried on 13th April, 2023, the patients of the Dehradoon De-addiction Centre, have said that their beatings were frequent and routine, as were hunger and lack of hygiene. No doctor or counsellor ever visited the centre.

Church Leaders Forum expresses concern

The Khasi Jaintia Church Leaders’ Forum (KJCLF) has expressed concern about the situation in Bihar where a Christian Pastor and a Church elder from Shillong had encountered some incidents of hostility and aggression which could have put them in grave danger.

“We initiated prayers and intercessions for their welfare and safety and are thankful that no harm has befallen on them as we also received information that they are returning back home,” Secretary of the Forum Rev Dr Edwin H Kharkongor said in a statement here.

He said the KJCLF denounces the perpetration of violence against the Christian Mission workers, and expresses its appreciation to those responsible in the administration of both the States for the efficient communication between them and sorting the situation out in proper manner.

Meanwhile, the Forum also appealed to social media users to restrain from spreading news which has the propensity to provoke unwanted reactions.

Moreover, in supporting the work and services of Churches and Christian Mission organisations, the Forum also called on all concerned to be aware of local prevailing situations while fulfilling their mission work in other parts of the country.

When two days ago Prime Minister Narendra Modi had visited a Christian place of worship on Easter Sunday the Forum appealed to those in authority in the country to see that peace and harmony prevail in society.