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Governor returns village administration bill to KHADC

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Shillong, March 27:  Meghalaya governor, Ganga Prasad has returned a bill passed by the Khasi Hills Autonomous District Council related to empowering traditional institutions and their heads.

Areas falling within the jurisdiction of the Khasi Hills Autonomous District Council include four districts – East Khasi Hills, West Khasi Hills, South West Khasi Hills and Ri-Bhoi districts.

The name of the bill is Khasi Hills Autonomous District (Village Administration) Bill, 2015.

The bill was first passed by the Khasi Hills Autonomous District Council on July 1, 2014, but it was returned to the Council by the governor through the state government.

After some amendments in the Bill were made, the bill was again passed by the KHADC on May 30, 2015.

But when the bill was submitted for assent, the Governor forwarded it to the Union Ministry of Home Affairs for examination.

The governor in his message with regards to the returning of the bill to the council said, “the said Bill is hereby returned, as after careful consideration it has been found that the pitch and substance of the Bill in its present form is beyond the jurisdiction of the District Council which is apparent as per the Government of India, Ministry of Home Affairs (North East Division) letter dated January 2016.”

This message from the governor was also tabled in the House by KHADC chief executive member, P.N. Syiem on Tuesday during budget session of the Council.

The governor also said that in view of the legal and Constitutional validity of the KHAD (Village Administration) Bill 2014, the power of the District Council under paragraph 3 (1) (e), (f), (g) and (j) of the Sixth Schedule to the Constitution of India is limited.

“Therefore, the District Council may also like to consider this position while drafting legislation on Village Administration and it is also advised that future proposals be confined to the provisions of the Sixth Schedule,” Ganga said.

On this, the CEM proposed that the bill be referred to a Select Committee but members from both the ruling and opposition did not agree and suggested that the bill should be referred to an Executive Committee.

Some members who participated in the discussion sought to know whether passage of the bill would not contradict the age old customary practices of different Himas under the jurisdiction of the Council.

The members also suggested that the need of the hour is to codify existing customary laws and practices of different Himas.

Opposition leader, Manstudy Nongrem also suggested that the Council should consider drafting a fresh Bill to ensure it does not clash with the customary laws of the Himas, while Khun Hynniewtrep National Awakening Movement (KHNAM) member, Adelbert Nongrum, demanded immediate passage of the Bill.

Nongrum demanded that the Executive Committee should also put pressure on the state government to ensure that the governor gives his assent to the Bill.

Later the chief executive member assured to refer the matter to an Executive Committee for further discussion and soliciting views of members.

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2018-03-27