SHILLONG, AUG 31: Succumbing to pressure, the Meghalaya cabinet has decided to replace the ordinance with an alternative draft bill to empower the traditional bodies and heads and put it before forum of political parties on Tuesday next.
Meghalaya chief minister Mukul Sangma told reporters after the cabinet meeting on Monday that the government has directed department concerned to prepare an alternative draft bill which should address the concerns of the few sections in the ordinance which give lots of scope for different format of interpretations. He said the draft bill will then be placed before a political forum of political parties involving their engagement.
Sangma said, “Accordingly we will then decide for proceeding further with any legislative measure to replace this ordinance.”
The meeting with political parties will also discuss on whether to allow the ordinance to have its natural death and look for other bills which have been passed by the respective Autonomous District Councils (ADCs) pending assent.
The decision was also taken after increasing protests from the two ADCs – KHADC and JHADC, traditional institutions and ngos demanding that the state government revoke the ordinance, which according to them is “anti-custom”.
The Meghalaya Local Administration (Empowerment of Traditional Institutions, Traditional Bodies, Headmen in Governance and Public Delivery System) Ordinance, 2015 was approved by the cabinet on May to put an end to the current stalemate arising out of the last year’s Meghalaya high court ruling clipping the power of the headmen.
The headmen were barred from issuing certificates until and unless they are empowered by rule or law.
Admitting that there are flaws in the ordinance, Sangma said certain provisions do have scope for different interpretation and can be exploited which will go against the actual objective of the ordinance that is to empower the traditional institutions and its heads.
Sangma said the government will be now looking on whether to come up with a new law to replace this ordinance and allow this ordinance to have its natural death. He also added, “We also took into cognizance the fact that VAB passed by KHADC and JHADC is pending for assent of Governor and therefore hasn’t become an Act.”
Sangma said, therefore, in the absence of any such law whether it is appropriate for state government to not have any legislative mandate to empower and involve the traditional bodies and this the government would like to discuss before deciding on whether to allow the ordinance to have its natural death and come up with alternative legislative measures which will be brought for the consideration of the legislative assembly in the forthcoming session.- By Our Reporter
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