SHILLONG, MAR 27: After a lapse of three years, Governor Ganga Prasad has finally returned the KHAD (Village Administration) Bill, 2014 with a message that the same in its present form was found to be beyond the jurisdiction of the district council.
The VAB, which seeks to empower traditional institutions and their heads, was passed by the Khasi Hills Autonomous District Council (KHADC) on July 1, 2014. The Bill was subsequently corrected through corrigenda accepted and approved by the KHADC on May 30, 2015.
However when it was submitted for assent, the Governor had forwarded the Bill to the Ministry of Home Affairs (MHA) for examination.
“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,” Ganga said in his message which was tabled by the KHADC chief PN Syiem in the first day of the Council session held here on Tuesday.
The governor also said 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.
Meanwhile when the KHADC chief proposed that the VAB be referred to the Select Committee, members from both the ruling People’s Democratic Alliance (PDA) and the opposition however did not agreed and suggested that it may be rather referred to the executive committee.
Participating in the discussion on the issue, National People’s Party (NPP) member from Nongkrem HS Shylla questioned whether the passing of the VAB will not contradict the age old customary practices of the different Himas under the jurisdiction.
According to him, the need of the hour is to codify the existing customary laws and practices of the different Himas.
Supporting Shylla’s views, opposition leader Manstudy Nongrem, who is also a member of the Hill State People Democratic Party (HSPDP) from Langrin, suggested that the Council should consider drafting a fresh Bill to ensure it does not clash with the customary laws of the Himas.
Admitting that the customary laws and practices is different from one Hima to another, the chief executive member assured that the matter will be referred to the executive committee for further discussion and soliciting the views of members before taking a call on this regard.
By Our Reporter
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