Shillong, February 22: The Ka Dorbar Ki Khlieh Nongsynshar ka Ri Hynniewtrep, comprising of Federation of Khasi States, Ki Sirdarship, Ka Dorbar Ki Dolloi, Ka Dorbar ki Nokma, which met on 21-02-2017, at Lumbasuk, Demthring, Shillong deliberated on the two legislation passed by both the State Government and the Autonomous District Council (Sixth Scheduled) namely the The Meghalaya Building Byelaws 2011; The Khasi Hills Autonomous District (Land Development and Building ) Regulation 2015; Ka The Administration of Nongstoin Syiemship Rules 2006, and The Administration of Mylliem Syiemship Rules 2015.
After a detailed meeting which lasted over three hours the Federation of Khasi States, resolved to urge all the 54 Hima,19 Elaka and 1400 Nokma, to urgently discuss these very important legislation namely the The Meghalaya Building Byelaws 2011 (111 pages) and The Khasi Hills Autonomous District (Land Development and Building ) Regulation 2015 (144 pages), before the assembly of the Dorbar Shnong, Dorbar Raid and Dorbar Hima, as part of creating an awareness on the various new restrictions and regulations that the people would have to follow including serious responsibilities to the village Dorbar Shnong and others while ensuring compliance of the new process of Village Administration.
On the one hand the Syiems, Sirdar, Lyngdoh, and others expressed their anguish as to the lack of concern by the both the MDC and MLA while legislating such laws in English only without having first putting such a subject before the people, and where both authorities the State and the District Council did not bother to ensure the availability of such Legislation in the local Khasi and Garo language, it was unfortunate that till date both authorities have till date not circulated such important legislation to the Syiem, Sirdar, Lyngdoh, Dolloi or Nokma. The FKS calls on all who require a copy of the same 255 pages to contact the office of the Dorbar or to send a message to mobile 9436102663 for details.
Further, the Dorbar felt both these laws are in conflict and undermines the power of the Hima to legislate their own Building Bye Laws, as empowered in The Administration of Nongstoin Syiemship Rules 2006 and The Administration of Mylliem Syiemship Rules 2015 wherein it has been clearly written that Syiem and Dorbar shall issue “building permission” bad kiwei kiwei.
The Federation of Khasi States strongly urges the Govt of India and District Council to urgently publish the Laws in the local KHASI and GARO language for the benefit of the 6500 village Chiefs.
The Federation of Khasi States, also deliberated on the strange situation wherein the people are today required to register their land documents THREE times for the same property, which is as per 1) Indian Registration Act 1908, Indian Stamp (Meghalaya Amendment) Act, 1993 secondly as per 2) Schedule II (villages) Guidelines for all proposed New Land Development /Master Plan of The Khasi Hills Autonomous District (Land Development and Building ) Regulation 2015 (All private and Clan land shall be recorded with the Executive Committee of the KHADC and thirdly for those within Hima Mylliem as per 3) Section 8. B. (i) of The Administration of Mylliem Syiemship Rules 2015. Previous orders of the Hon’ble High Court has directed registration of land documents as per the Indian Registration Act 1908 as amended in respective states.
The FKS questioned why the people should be forced to register their documents thrice. It also questioned as to why the Legislation from KHADC holds no good when faced with Central Law, and which has ultimately led to undermining the rights of the Hima Khasi States. The Dorbar FKS also recalled that since the earlier leaders found that the provisions of the Sixth Scheduled were very weak to protect the rights of the Khasi states the then political leaders started a movement for a separate Hill State and today when we have a separate Hill State we are still faced with the same situation this only confirms that attainment of Statehood without special provisions such as the IOA & AA has brought a lot of conflict among the Khasi, Jaintia and Garo people.
The Federation of Khasi States reterrates that all these Legislative conflicts are occurring due to the constitutional anomaly and non inclusion of the Instrument of Accession and Annexed Agreement signed and accepted by the Government of India on 17th August 1948..
The Federation of Khasi States, resolved to once again meet the Hon’ble Chief Minister of Meghalaya and the Chief Executive Member, KHADC to seek a clarification from them as to the silence and reason for not responding to the letters and queries from the Union Ministry of Home Affairs since July 2012 and Nov 2014 seeking clarification as to the implementation of the IOA & AA. The FKS recalls that clause 5 of the IOA & AA requires and mandates that the Government of India, State Government and District Councils may legislate laws subject to consent by the Federation of Khasi States.
The Federation of Khasi States, also authorized Bah John F Kharshiing, Chairman, Ka Dorbar Ki Khlieh Nongsynshar Ka Ri Hynniewtrep, and Spokesperson, Federation of Khasi States, to frame a resolution to be forwarded to both the KHADC and the Government of Meghalaya for their passing in their respective Sessions, to demand from the Government of India that the IOA & AA be included in a special provision within the Constitution of India as per treaty terms agreed in the Instrument of Accession and Annexed Agreement signed and accepted by the GoI on 17 August 1948, failing which the Federation of Khasi States will be compelled to write to the Government of India to ignore waiting for the response from the two authorities as it is clear that they are not parties or signatories to the treaty and their silence can be construed to their having nothing to say on the treaty terms entered into by the Twenty Five Khasi States individually and collectively as the Federation of Khasi States.
