SHILLONG:
The Khasi Hills Autonomous District (Regulation and Administration of Land) Bill, 2021 has received Governor Satya Pal Malik’s assent.
The bill not only seeks to protect and conserve the land tenure system prevailing in the Khasi Hills but to also address the problem of landless among the tribal population of the region.
KHADC chief executive member (CEM) Titosstarwell Chyne on September 6 expressed happiness over the bill getting the governor’s assent adding that it is a big achievement for the executive committee as the previous one despite making all efforts could not get the approval.
Chyne said the bill, now an Act, will be published in the Meghalaya Gazette very soon. “Accordingly, we will also come up with the rules for implementation of the Act in the jurisdiction of the KHADC,” he informed.
The KHAD (Regulation and Administration of Land) Bill, 2021 was passed by the Khasi Hills Autonomous District Council (KHADC) on November 10, last year.
Earlier, the KHADC had recalled the KHAD (Regulation and Administration of Land) Bill, 2020 passed in June, 2020 after the same was referred to the expert committee constituted by the state government, the same year.
Chyne said that the bill will empower the clan, the dorbar shnong and the dorbar raid to issue land documents.
He said now that the bill has received assent, banks and other institutions will have to recognise land documents issued by the clans and traditional heads with the approval of the district council.
He further stated that the bill will to a great extent address the problems related to the exorbitant rate charged while issuing land documents.
“The bill clearly states that all fees for Dulir Pynskhem, identification, recommendation, Dulir Patta, no objection certificate shall be as prescribed and notified by the executive committee from time to time,” he said.
He said that the Act will also help in addressing the issue of landlessness among the tribal indigenous people.
“The executive committee can declare areas as land banks so that we can allot the same to the landless tribal people,” he said.
The bill clearly states that the executive committee may with the consent of the chief and his dorbar, dorbar raid, dorbar shnong or the landowner or clan(s) as the case may declare and set apart any area of land as land bank. Such a declaration shall be reported to the district council in session.
The administration and management of the area declared as land bank shall lie with the committee constituted by the executive committee consisting of the executive member in-charge, Land, it said.
It also said that under no circumstances, any raid land or any part thereof shall be permitted to be transformed into a Ri Kynti land or be settled to any person other than tribes of Meghalaya.
“Provided that preference shall always be considered in favour of a landless Khasi inhabitant of the area over other aspirants while considering allotment and setting a part of any Raid land.”
The bill further states that the executive committee after prior consultation with the respective dorbar shnong, dorbar raid and the dorbar hima may by notification fix a ceiling over the settlement, allotment or setting a part of raid land made by it or under its sanction under the provisions of this Act.
In fixing such a ceiling, the EC may prescribe a limit both in the number of plots as well as the size of the land that each person or family may hold. Any area found in possession or occupation of any person in excess of the ceiling so fixed, shall be illegal and void, it said.
Meanwhile, the bill also warned of stern action against those who violate the provisions of the Act or charge any fee in excess while issuing the land documents.
“Whoever contravenes any provision of the Act or charges any fee in excess of what has been provided under the provisions of this Act and Rules framed thereunder or causes any undue delay in the process of issuance of Dulir Pynskhem or certificate or Identification of Land Title Rights Certificates or issue illegal land document, the executive committee shall have the power to penalise such contraventions as per the existing Acts and Rules enacted by the district council from time to time or proceed with legal action or with both as per law,” it said.
It further stated that the clan or the dorbar shnong or the dorbar raid or the chief and his dorbar are strictly prohibited to issue multiple land documents to different persons on the same plot of land.
“Failure of which the person(s) who issues the land document shall compensate the losses incurred by the person who got the land document,” it added.