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.”

Clans want amendment of property succession Act

Different tribal Clans have expressed support to the demand for amendment of the Meghalaya Succession to Self-Acquired Property (Khasi and Jaintia Special Provision) Act, 1986.

This was informed by Maitshaphrang Convener Michael Syiem after a meeting held with the different Clans (or Kur) at Jaiaw Shyiap community hall here.

The meeting was jointly organized with three other organizations – Khasi Students’ Union, Federation of Khasi Jaintia and Garo People and Hynniewtrep National Youth Front as part of their campaign to pressurize the state government to bring the necessary amendment to the Act.

The objective of the amendment was to ensure the ‘equitable’ or ‘fair and just’ distribution of property among siblings in a matrilineal society.

“The Clans who attended the meeting today have expressed support to our demand and they have informed that they will be organizing similar meetings within their clans to discuss the issue before taking a final decision on the matter,” Syiem told reporters.

The State Assembly passed the Meghalaya Succession to Self-Acquired Property (Khasi and Jaintia Special Provision) Act, 1986 and received the Governor’s accent in 1986. The Act provides a special provision enabling the Khasis and the Jaintias to dispose of self-acquired property by will to any of their children.

“But when the children inherit this self-acquired property of the parents, it becomes ancestral and this ancestral goes back to the youngest daughter. So we will feel that we need an amendment to this to include self-acquired property and ancestral property as well in this Act,” Syiem had earlier said.

“Another amendment we want is that the word ‘equitable’ should also be inserted in this Act so that the parents can equitably will away their property to any of their children not necessarily only to the woman or the younger daughter,” he had stated.

The social activist had also said, “Equitable does not mean equal. Equitable according to the dictionary means fair and just so it depends on the parents to give to whom and how much. We feel that this word ‘equitable’ should also be inserted in the 1986 Act.”