Shillong, Feb 10: The organization Hynñiewtrep Integrated Territorial Organization (HITO) today submitted the memorandum to the Chief Executive Members of the KHADC Mr. Tisosstarwell Chyne requesting him to furnished the recommendation of the Recommendation of Regional Committee on Boundary Submitted to Govt. of Meghalaya.
The organization request for copy of latest sixth schedule amendments proposed by the state Government to MHA. Request clarification on the Judicial and Legal stand of KHADC relating to the High Court Order dated 12-2- 2002 directing the Govt of Meghalaya to Strictly adhere to the provisions of the Trading License Regulation by Non -Tribals and companies who have been violating these provisions rampantly.
The organization also request for implementing the recommendation of the NCRWC providing 5 each From Syiem, Dolloi and Nokma as Nominated MDCs in the proposed Amendments to the Sixth Schedule.
In this context, they would like to have clarity on whether the KHADC has referred to and relied on clause 4 of the IOA & AA in so far as the issue of boundary settlement with Assam.
This is a very important matter because the Govt of India constitutionally must first conclude the settlement of the IOA & AA with the Federation of Khasi States and implement the provisions of the Instrument of Accession and Annexed Agreement (IOA & AA) prior to settlement of Boundary dispute between Assam and Bangladesh.
Please note that the words “KHASI STATES” till date is wrongly reflected as “Merged” within Assam in the First Schedule of the Constitution of India and is a Constitutional Anomaly hence the issue of the IOA & AA is very much an important Khasi identity issue for review and correction of the Constitutional Anomaly within the Constitution of India.
Regional Committee on Boundary The HITO also request a copy if available with KHADC the recommendation of both the Regional Committee, submitted to Govt of Meghalaya on Boundary with Assam which is to be submitted to MHA, GOI.
Both the documents must be made available for u khun u Hajar to have clarity as to the stand of both the MDA Govt and the MDA led District Councils of KHADC, JHADC and GHADC. Kindly upload all the documents to the official websites.
Proposed Amendments of Sixth Schedule The HITO is also very concerned on the issue of accepting the nomenclature and concept of Village Councils when we already have the local nomenclature of the traditional institutions in Khasi and Jaiñtia Hills known and functioning on the ground as Dorbar Shnong, Dorbar Raid and Dorbar Hima.
The HITO would also like to draw the attention of the UDP/NPP/PDF/BJP/HSPDP/ KHNAM/INC led MDA to the recommendation of the NCRWC constituted by former PM AB Vajpayee, which has recommended providing 5 each to be elected from amongst themselves from Syiem, Dolloi and Nokma as Nominated MDCs in the proposed amendments to the Sixth Schedule.
HITO said pointedout that vice president of Nokma Council was also elected as MDC in the GHADC recently, the organization request clarity why the recommendation of the NCRWC, of 31st March 2002 has been ignored. We also recall that the earlier Congress Cabinet proposal in 2014 had recommended 1 nominated MDC from the Chiefs.
It is ironic that while both National Parties BJP (in 2002) & INC (in 2014) have accepted but the regional parties such as UDP, NPP, PDF, HSPDP, KHNAM, are silent on this important matter of the jaidbynriew. (Enclosed our letter to the Hon’ble Governor Meghalaya dated 09/09/2021 on the IOA & AA and the NCRWC recommendations).
Kindly provide us with a copy of the latest sixth schedule amendments proposed by the KHADC and state government to the Union Ministry of Home Affairs, Government of India.
Non-utilization of technology in Labour & Trading License causing the rampant violation of the provisions of The UK-JHD (Trading by non-tribals) Regulation 1954 The HITO request public clarification on the Judicial and Legal stand of KHADC relating to The High Court Order dated 12-2- 2002 directing the Govt of Meghalaya to strictly adhere to the provisions of The UK-JHD (Trading by non-Tribals) Regulation 1954 by Non-Tribals.
Private security companies (IT Park), NHAI, PWD, Health, Tourism accepting tenders and bids without Trading License, Consultants for Tourism, Even Political Consultants such as IPAC openly operating with over 40 non-tribal individuals operating in the state of Meghalaya without Labour or Trading License hired by political parties all above who lately have been seen to be violating these provisions.
HITO request clarity from the KHADC on the earlier State Government order dated 24 June 2015 which is detrimental to the Trading License Regulation 1954 and defeats and make the Sixth Schedule toothless and meaningless.
HITO urged for immediate Implementation of the KHAD (Inner Line as adopted from the Eastern Frontier Regulation1873) Regulation Bill 2018 to protect the Khasi-Jaintia indigenous people from the implementation of the NRC in Assam and the CAA.
The HITO also recalls the case filed by former CEM relating to the constitutional validity of the Eastern Bengal Regulation 1873 based on the UK-JHD (Application of Laws) Regulation 1952 and request the KHADC and JHADC to come out of the party syndrome and to immediately implement the KHAD (Inner Line as adopted from the Eastern Frontier Regulation1873) Regulation Bill 2018.
Base on the Supreme Court ruling on The State of Meghalaya and Ors vs Ka Brhyieñ Kurkalang and Ors on 23 Nov 1971 relating to the validity of the Eastern Bengal and Excise Act 1910 within the UK[1]JHD, so that the ILP can be made immediately operational within the jurisdiction of the United Khasi & Jaintia Hills District and ii) Let the State Govt and the Govt of India which is against ILP go to Supreme Court to challenge the action of the KHADC.
Nothing stops the KHADC & JHADC from immediately implementing the ILP, this exposes the double standard and lack of sincerity and interest by the Political parties in power which are shocking on one hand they pass the resolutions for ILP and on the other hand, they act blind to the legal position of the legality of the ILP in Khasi and Jaiñtia Hills.
In view of the legality of the ILP Bill passed by the KHADC and delay by the Government of Meghalaya, if necessary the HITO *is willing to provide enforcement staff on payment* to the KHADC to immediately implement the ILP with immediate effect. Many issues of the jaidbynriew have time and again been compromised due to a lack of leadership and vision in the KHADC.
This is the reason that the HITO is of the view that the District Council must be DEPOLITICISED and accommodated proportionately by the elected representatives, including traditional chiefs from Syiem, Dolloi and Nokma, said Mr. Donbok Dkhar President and Mr. Wanbun Dkhar Secretary of the organsation HITO.
