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.”

AIM against gambling in melas

The Awakening Indian Movement (AIM) has sought the intervention of the deputy commissioner of East Khasi Hills district to ensure a blanket ban on gambling at melas being organized by different agencies.

Speaking to media persons, chairman of AIM Bansharai Marbaniang said that many people from other part of the country come to Meghalaya to host various kinds of melas, however these melas have games that encourage gambling with money which is detrimental and have a negative impact on the welfare of the people.

Marbaniang alleged that melas throughout the country are being held in order to provide entertainment to all citizens where they can experience happiness especially for children, students, and youth but at present melas in Meghalaya are being held with gambling which have detrimental and a negative impact on the welfare of the people.

“During our visit to the mela held at the Parking Lot outside Polo Ground in Shillong, the mela hosted various gambling activities with money and young people and students in uniform participated in various gambling games” said Marbaniang.

Marbaniang said that AIM is not against organizing melas in the state, however it stands against the act of gambling that is being held at the venues hence the AIM sought the intervention into this matter.