SHILLONG, MAY 30: The Congress led PDF in the KHADC opposed the ordinance passed by the state government giving legal sanction to traditional institutions and headmen, even as it passed the Village Administration Bill with several rectifications.
“From today itself, the house is in unanimously opposed the ordinance. The ruling PDF also assured that it will ensure that the ordinance will not be introduce in the Assembly,” KHADC CEM Pynshngainlang N Syiem said during the special session convened on Friday.
Syiem made the assurance to oppose the ordinance after the opposition ARPA prevented the House from discussing the VAB in anticipation that the ordinance will supersede the VAB, passed by the KHADC.
During the debate on the issue which lasted about two hours, ARPA leaders expressed concern over the ordinance, which was approved by the Governor before the VAB could be passed by the KHADC.
“How do we know that the ordinance will not supersede the VAB, if it is being introduced and passed in the Assembly, 6 months from now,” ARPA chairman Metbah Lyngdoh questioned.
Echoing similar views, former CEM Ardent M Basaiawmoit said, “The provision in the ordinance doesn’t reflect the spirit of the VAB. We demand a clarification whether the VAB will prevail over the ordinance or the ordinance will prevail over the VAB.”
Stating there is no point to discuss the VAB, if the confusion on the ordinance is not cleared, Basaiawmoit also insisted to reconvene the session for discussion on the VAB.
He also suggested that the KHADC should lead a delegation of all the 30 MDCs to the state government to ensure that the ordinance is not introduce in the Assembly.
Disappointed PDF MDCs urged the chairperson to request the opposition MDCs not to deviate from the agenda of the special session, which is convened for the smooth passage of the VAB.
The chairperson Teilinia Thangkhiew, however, decided to allow the debate on the ordinance saying that the ordinance is also about the issue of traditional institutions and heads.
However, the KHADC chief said, “If we approved the VAB, which is a matter of urgency for the council, the ordinance which is also just an interim relief can always be considered not to be introduce in the Assembly.”
“We reiterate, that if the state government attempts to introduce the ordinance to legislate it into a state law, we from the PDF will oppose this,” he added.
Later, the chief executive member (CEM) requested the chairperson to take the ‘sense of the house’ on the Report of the Executive Committee in the matter relating to KHAD (Village Administration), Bill 2014 placed before the House.
The chairperson then asked the members of House to discuss the report which has a total of 23 corrections in the bill brought by the executive committee.
Out of the 23, the ARPA opposed rectification and deletion of around three including sub section (VIII) and sub section (XVI) of Section 5 of the VAB, which was however turn down by the PDF.
In the report, the EC said, “Sub section (VIII) of Section 5, the words “non Khasi of India who have been residing within the village/locality for a period of not less than 14 years preceding the date of application of such non Khasi citizens and such certificate shall be granted subject to prior approval from the chief and his Dorbar and the District Council and on such pre-requisites as may be prescribed from time to time by the Executive Committee by way of notification” appearing after the words ‘certificates to’ shall omitted and substituted by the words “inhabitants of the village”.”
“Sub section (XVI) of Section 5 (which says –“The EC in recognition of the customary practices prevailing within the Hima(s) or Raid(s) or Village(s) may from time to time by notification prescribe the restrictions, terms and conditions of entry of a person other than a tribal native resident”) shall be deleted,” it said.
“The corrections made were based on the suggestions of the state government,” Syiem said while pointing that Section 5 (VIII & XVI) are in conflict with the existing central laws including Representation of People’s Act 1950.
In his submission, ARPA leader said, “These sections are important for protection and regulate entry of people from outside since there are many instances where Rangbah Shnongs have misused their powers by issuing rampant residential certificates.”
He said, “We are not against passing of the VAB but we strongly opposed deletion of these sub sections from the bill.”
In similar tone, Basaiawmoit also said, “We want a VAB which will protect the indigenous community and not a bill to please the Governor or the law department.”
On this, the CEM said, “Every dorbar shnong will have a village register. The rules in the village register will be framed by the executive committee in as far as the matter is concern. It will all depend on the wisdom of dorbar shnong how to implement them,” adding “This will to a great extent help in putting restriction on the people coming from outside.”
Rejecting the suggestion of the opposition to retain these sections, Syiem said, “We cannot base on the fact that they are conflicting with central laws.”
Later, the KHAD (Village Administration) Bill, 2014 was passed through voice vote.
Earlier, when the chairperson asked the members to raise their hands if they support the passing of the bill, all the 17 MDCs in the ruling raised their hands but not a single opposition MDCs, as a mark of protest.
“The report of the EC has now been accepted by Council,” Thangkhiew declared in the floor of the House.
Speaking to reporters after the session, Syiem said that the VAB will be immediately submitted to the state government on Monday next, for getting the Governor’s assent at the earliest possible.-By Our Reporter
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