[30th
March 2022] AN ACT to codify and make
provision for the regulation and administration of land in consonance with the
prevailing practice of land tenure system in Khasi Hills; Whereas with an objective to
protect and conserve the land tenure system prevailing in the Tribal Areas of
Khasi Hills; the ideal practices that have preserved the socio-cultural ethos
of Khasi society; to negate the effect of the globalized socio-economic
environment, and to provide for a legislation for administration and regulation
of land to uphold the custom, usages and the Land tenure system prevailing in
Khasi Hills Autonomous District within the provisions of the Sixth Schedule to
the Constitution of India; NOW, THEREFORE, the District
Council of the Khasi Hills Autonomous District in exercise of the powers
conferred upon it under Clause (a) of Sub-Paragraph (1) of Paragraph 3 of the
Sixth Schedule to the Constitution of India and of all other powers enabling it
on that behalf, deems it expedient and necessary to codify and make laws for
regulating and administering the allotment, occupation or use and/ or the
setting apart of land in the Khasi Hills Autonomous District (other than any land
which is reserved forest) for the purpose of agriculture, residential and other
purposes for the promotion of the interest of the inhabitants of the District. Be it enacted in the
Seventy-first year of the Republic of India as follows:- (1)
This Act may be called the Khasi Hills
Autonomous District (Regulation and Administration of Land) Act, 2021. (2)
It extends to the whole of the Khasi Hills
Autonomous District but shall not apply or extend to land belonging to the
Government. (3)
It shall come into force with effect from the
date of its publication in the Official Gazette of the State of Meghalaya. (1)
In this Act, unless there is anything
repugnant in the subject and context (i)
"Allotment" means providing land to
any person for occupation and use for a definite purpose as per the prevailing
custom. (ii)
"Chief and his Dorbar" means the
Executive Dorbar of an Elaka as defined in their respective Acts or any other
relevant Acts. (iii)
"Chief" means a Syiem, a Lyngdoh, a
Sirdar, or a Wahadadar as the case may be of any Elaka. (iv)
"Corporation or Company" shall
carry the same meaning as defined in Section 2 of the Companies Act, 2013. (v)
"District Council" means the Khasi
Hills Autonomous District Council. (vi)
"District" means the Khasi Hills
Autonomous District. (vii)
"Dorbar Raid" means a Durbar of the
Raid consisting of the Syiem Raid, Lyngdoh Raid, Basan, Sordar Raid, Longsan
(representatives elected by the clans) and the representative of each village
under the Raid as the case may be or the respective clan(s) who has customary
rights to administer the Raid Land. (viii)
"Dorbar Shnong" means the
traditional village institution of the village of the Khasis and composed of
all adult Khasi inhabitants of not less than 18 years of age, where the
prevailing age-old customary and traditional governance and adjudication are
carried out and as defined in relevant Acts and Rules. (ix)
"Dulir" means a title deed of
conveyance between two or more parties indicating the particulars of the owner,
showing the description of the land and other details of the land. (x)
"Dulir Pynskhem" means a prevailing
customary land title document confirmed and issued by the Chief and his Dorbar
or by the Dorbar Raid as the case may be under the provisions of this Act. (xi)
"Elaka" means an administrative
unit in the District as specified in Appendix - I, I(A) and II or any other
administrative unit to be constituted and declared as such by the Executive
Committee. (xii)
"Executive Committee" means the
Executive Committee of the Khasi Hills Autonomous District Council. (xiii)
"Executive Member In-charge Land"
means the Executive Member of the Khasi Hills Autonomous District Council authorized
by the Chief Executive Member to perform the duties pertaining to land
administration. (xiv) "Government"
means the Government of India which includes its various departments, agencies
and corporations established by the Government of India and the Government of
Meghalaya which includes its various departments, agencies and corporations
established by the Government of Meghalaya. (xv)
"Headman" means the traditional
head of a village which shall include a Sordar Shnong, a Rangbah Shnong and a
Myntri Shnong falling within the jurisdiction of each of the existing Elaka as
specified in Appendix - I, I(A) and II and elected as per the prevailing custom
in the village or Elaka. (xvi) "Industry"
means any business, trade, undertaking, manufacture, or calling of employers
and includes any calling, service, employment, handicraft or industrial
occupation or a vocation of work men. (xvii) "Khasi"
means a person belonging to the Khasi indigenous tribe who may be a Khynriam,
Pnar, War, Bhoi, Maram or Lyngngam or who is recognized or deemed as such under
prevailing Khasi Custom or the Khasi Hills Autonomous District (Khasi Social
Custom of Lineage) Act,1997. (xviii)
"Land" means and includes Ri Kynti
and Ri-Raid Lands either vacant or occupied and includes all benefits arising
out of the land and things attached to the earth or permanently fastened to
anything attached to the earth. (xix) "Land
Recording Officer" means an officer appointed by the Executive Committee
to act as such. (xx)
"Owner" for the purpose of this
Act, means and includes a person(s) having a Land Title Rights Certificate in
respect of any Ri-Kynti or Ri-Raid land as well as a Settlement Holder whose
name has been entered as such in the Record of Rights maintained by the
District Council as by law established or the person(s) having the Dulir
Pynskhem issued by the Chief and his Dorbar or the Dorbar Raid as the case may
be or the person(s) having the Dulir, Patta, Land document issued by the
concerned Clan or Dorbar Shnong or Dorbar Raid under the provisions of this Act
and Rules framed there under. (xxi) "Prescribed"
means prescribed under this Act or by Rules or Notification made there under. (xxii) "Raid"
means any administrative unit composed of one or more villages and recognised
as such within that Elaka. (xxiii)
"Record of Land Title Rights" means
a record maintained by the District Council as per the provision of this Act
and Rules framed there-under, recording the name of the owner or settlement
holder of land within the District including the type of the land, area and
size, boundary and the location of the land. (xxiv)
"Land Title Rights Certificate"
means a statutory certificate issued by the Executive Committee or any officer
authorized by it as per the provisions of this Act and Rules framed
there-under. (xxv)"Ri-Kynti"
means a private land or a land absolutely owned by a person or Clan(s). (xxvi)
"Ri Raid" or "Raid Land"
means lands set apart for the community over which no person(s) has
proprietary, heritable or transferable rights excepting the right of use and
occupancy. Heritable and transferable rights over the Ri Raid lands accrue when
the occupant has made permanent improvements on the land. These rights lapse if
the occupant completely abandons the land continuously for more than three
years or for a period as the Dorbar Raid and the Executive Committee deems long
enough. (xxvii)
"Setting Apart" means to separate
and keep for a purpose or reserve the land for occupation and use for a
definite purpose. (xxviii) "Settlement
Holder" means any person(s) who has been allotted with land set apart and
recognized by the Executive Committee under the provisions of this Act. (xxix)
"Sirdarship" means those Elaka in
the Khasi Hills District as specified in Appendix -II; (xxx)"Syiemship"
means those Elaka in the Khasi Hills District formerly known as Khasi States
and it includes Wahadadarship, Lyngdohship and Sirdarship as specified in
Appendix-I and Appendix-I (A). (2)
All other words or phrases, the meaning of
which has not been assigned here-under shall have the same meaning as defined
under the Meghalaya Autonomous District (Constitution of District Council)
Rules or as amended by the Khasi Hills Autonomous District Council or under any
law enacted by the District Council from time to time and unless the context
otherwise requires, the former shall prevail over the latter in case of
contradiction. (3)
That this Act shall be in addition to the
Meghalaya Transfer of Land Regulation Act, 1971. (1)
In any land belonging to or managed and
administered by a particular clan, the authorized person of such clan shall
have the authority to issue a Dulir or Patta or Land document as per the
prevailing customary practice on any of the following:- (i)
Any transfer of such land which includes
sale, gift, lease, mortgage and alienation of land. (ii)
Any mutation of such land which includes
succession, survivorship, inheritance, participation, will, gift, exchange,
family settlement, as the case may be: Provided that such document
shall be executed in the presence of the concerned Local Headman, village
functionary and witnesses: Provided further, that such
copy of the issued Dulir or Patta or Land document shall be forwarded to the
respective Dorbar Shnong, Dorbar Raid, Chief and his Dorbar and the Officer
authorized by the District Council. (2)
It shall be the duty of the respective Dorbar
Shnong, Dorbar Raid, the Chief and his Dorbar and the Officer authorized by the
District Council to record all the information received from the Clan. (3)
The Officer authorized by the Executive
Committee on receipt of information from the Head of the Clan shall issue an
acknowledgment letter to the land owner and settlement holder with a copy to
the Headman in a prescribed format provided in the Rules. (1)
A Headman of a Dorbar Shnong within his
territorial jurisdiction shall have the power to issue a Dulir or Patta or Land
document on any of the following:- (i)
Any transfer of land within the village which
includes sale, gift, lease, mortgage and alienation of land. (ii)
Any mutation of land which includes acquiring
of land by succession, survivorship, inheritance, partition, will, gift,
exchange, family settlement or otherwise any right in any Ri-Kynti land in the
village. (iii)
Any allotment of Ri-Raid land to any person
within the village: Provided that such copy of
the issued Dulir or Patta or Land document shall be forwarded to the concerned
Dorbar Raid, Chief and his Dorbar and the officer authorized by the District
Council. (2)
It shall be the duty of the respective Dorbar
Raid, the Chief and his Dorbar and the Officer authorized by the District
Council to record all such information received from the Headman. (3)
The Officer authorized by the Executive
Committee on receipt of such information from the Headman, shall issue an
acknowledgment letter to the land owner and settlement holder with a copy to
the Headman in a prescribed format provided in the Rules. (1)
Any Dorbar Raid having the customary power to
issue a Dulir or Patta or Land document as per prevailing practice shall have
the power to issue a Dulir or Patta or Land document on any of the following:- (i)
Any transfer of land within the raid which
includes sale, gift, lease, mortgage and alienation of land. (ii)
Any mutation of land which includes acquiring
of land by succession, survivorship, inheritance, partition, will, gift,
exchange, family settlement or otherwise any right in any Ri-Kynti land in the
Raid. (iii)
Any allotment of Ri-Raid land to any person
within the village: Provided that such document
shall be executed in the presence of the concerned Local Headman, village
functionary and witnesses: Provided further that such
Dulir or Patta or Land document shall be forwarded to the concerned Dorbar
Shnong, Chief and his Dorbar and the Officer authorized by the Executive
Committee. (2)
It shall be the duty of the Dorbar Shnong,
the Chief and his Dorbar and the Officer authorized by the District Council to
record all the information received from the Dorbar Raid. (3)
The Officer authorized by the Executive
Committee on receipt of information from the Dorbar Raid shall issue an
acknowledgment letter to the landowner and settlement holder with a copy to the
Headman in a prescribed format provided in the Rules. (1)
The Chief and his Dorbar or the Dorbar Raid
as the case may be, shall have the power to issue the Dulir Pynskhem for Ri
Kynti Land as per the prevailing custom. (2)
On and from the date of commencement of this
Act, an owner of any Ri-Kynti land who is willing to obtain the Dulir Pynskhem
may apply for the same and it shall be issued as per the prevailing customs and
under the provisions of this Act and Rules framed thereunder. (3)
All applications for issuance of the Dulir
Pynskhem of land shall be submitted to the Chief and his Dorbar or the Dorbar
Raid as the case may be, accompanied by a Dulir or Patta or any Land document
from the local Headman or Clan or the Dorbar Raid as the case may be. (4)
On receipt of such application, the Chief and
his Dorbar or the Dorbar Raid as the case may be, shall issue Public Notice
giving thirty days for filing of claims and objections. (5)
If after the expiry of the thirty days, there
is no objection whatsoever, the Chief and his Dorbar or the Dorbar Raid as the
case may be, shall issue the Dulir Pynskhem accordingly. (6)
In the event of any objection(s), the Chief
and his Dorbar shall dispose of such objection(s) within six months from the
date of its filing, excluding the period adjourned at the instance of the
applicant praying for issuance of the Dulir Pynskhem. In case of rejection of
the application or in case of a decision by way of a contest by the parties,
the application shall be disposed of by way of a speaking, reasoned order. (7)
On and from the date of commencement of this
Act, the Dulir Pynskhem issued by the Chief and his Dorbar or by the Dorbar
Raid as the case may be, issued under the provisions of this Act, shall be
recognized as a valid land title document: Provided that Land Owners
having registered statutory land documents, Dulir, Dulir Pynskhem and Land
Records may apply for regularization of such documents as per the provisions of
this Act and the Rules made there-under. (8)
All fees for the Dulir Pynskhem,
identification, recommendation, Dulir, Patta, No Objection Certificate and
other documents shall be as prescribed and notified by the Executive Committee,
from time to time. (9)
It shall be mandatory for the Chief and his
Dorbar, Dorbar Raid, the Headman and the Clan(s) who have customary right to
issue land documents to keep a proper record of all Ri Kynti lands within their
respective jurisdiction as per the format prescribed under the Rules framed
under this Act. (10)
If anything is done in contravention of the
provisions of this Act and the Rules framed there-under, the Executive
Committee shall have the power to annul the whole process by a speaking order
after the parties have been heard. (1)
All lands considered, classified and used as
Raid land shall be recorded by the Executive Committee or the duly appointed
officer as such Raid land on an application made by the respective Chief and
his Dorbar or Dorbar Raid or Village Dorbar or the Clan, through their
authorized representatives. (2)
Every application to record an existing Raid
land in respect of any village or Raid shall be made in the manner prescribed
under this Act and Rules framed there-under and on payment of such fees as may
be prescribed by the Executive Committee from time to time. (3)
On receipt of such application, the Executive
Committee or its authorized Officer shall issue a General Notice giving thirty
days time calling for objection/ invitation against the prayer to record and on
hearing such objection, if any, shall dispose of the application either by
recording the name of the village/ Raid represented by its Chief and his Dorbar
or Headman, as the case may be, as the holder of the land in the Record of Land
Title Rights of Raid land or refusing to do so. Every such application shall be
disposed of within six months from the date of its filing, excluding the period
adjourned at the instance of the applicant, praying for a record of rights. (4)
The Land Recording Officer shall order for
survey and demarcation of the boundaries of such Raid Land by any qualified
surveyor as per procedure, as prescribed in the rules framed under this Act. (5)
On completion of the survey and upon approval
of the Executive Member In- charge Land, the details of the land shall be
entered in the Record of Land Title Rights of RiRaid or Raid Land maintained by
the Executive Committee under the provisions of this Act and Rules framed
thereunder. (6)
On and from the date of commencement of this
Act, the Raid land document entered in the Record of Land Title Rights
maintained under the provisions of this Act, shall be recognized as a valid
land document: Provided that all settlement
holders of Raid land who possess an allotment order issued by the Village
Headman or Raid or Clan duly confirmed by the Chief and his Dorbar as the case
may be, before the commencement of this Act, may apply for regularization as
per the provisions of this Act and the Rules framed there-under. (7)
It shall be mandatory for the Chief and his
Dorbar, the Dorbar Raid and the Headman at the village level to keep a proper
record of all Ri Raid lands within their respective jurisdiction as per the
format prescribed under the Rules framed under this Act and also to report and
inform the same to the Executive Committee or Officer appointed by the
Executive Committee. (1)
The Land Recording Officer shall maintain the
Record of Land Title Rights in the manner and format as prescribed by this Act
and the Rules framed there-under. (2)
On and from the date of commencement of this
Act, an owner of any Ri Kynti land or any landholder in Raid land who is willing
to obtain the Land Title Rights Certificate may apply for the same and it shall
be issued under the provisions of this Act and Rules framed there-under. (3)
All applications for issuance of Land Title
Rights Certificates shall be submitted to the Land Recording Officer
accompanied by a Dulir or Patta or any Land document from the local Headman or
Clan or the Dorbar Raid as the case may be and the Dulir Pynskhem issued by the
Chief and his Dorbar or by the Dorbar Raid, as the case may be. (4)
On receipt of the application from the
landowner, the Land Recording Officer after scrutiny of all the documents
submitted, shall order for survey and demarcation of the boundaries of such
land by any qualified surveyor, as per the provisions of this Act and Rules
framed there-under. (5)
On completion of the scrutiny and survey and
upon approval of the Executive Member In-charge Land, the details of the land
shall be entered in the Record of Rights of land maintained by the Executive
Committee under the provisions of this Act and Rules framed under this Act. (6)
The Land Recording Officer shall issue the
Land Title Rights Certificate to the Land Owner on payment of such fee as
prescribed by the Executive Committee from time to time. (7)
The Land Title Rights Certificate shall
indicate the name of the owner/settlement holder of land, including the type of
the land, area and size, boundary and the location of the land. (8)
The Land Recording Officer, shall forward the
Record of Land Title Rights maintained for the purpose, to the Director of Land
Records and Survey, Government of Meghalaya for creating a database of Land
Records as per existing Laws: Provided that the Record of
Land Title Rights shall be furnished quarterly in the database by the Director
of Land Records. (9)
The Land Title Rights Certificate, the Dulir
Pynskhem and the Dulir or Patta or Land document issued under the provisions of
this Act and Rules framed there-under, shall be recognized and considered as
valid legal land title documents or instruments to prove the ownership and
absolute possession over the land by any authority(s) including Banks and other
financial institutions. (10)
The Land Recording Officer shall also be
competent to issue No Objection Certificate for mortgage, land valuation
certificate and non-encumbrance certificate: Provided that the process
above shall be completed within three months and any reason for such delay
shall be recorded in writing. (1)
On and from the date of commencement of this
Act, no Raid land within the District shall be allotted to any person without
the prior permission of the Executive Committee. (2)
Allotment of any Raid land by any means
affected otherwise than by or under the previous permission of the Executive
Committee, shall be illegal and void. (3)
No allotment made henceforth shall be
effective if the name of the Settlement Holder is not recorded and duly entered
in the Record of Land Title Rights maintained by the Executive Committee under
the provisions here-in-after contained. (4)
The Executive Committee while approving
allotment of any land shall also be competent to prescribe and limit the
duration of such allotment as well as the purpose for which the land allotted,
may be utilized. (5)
All raid lands so allotted, set apart or
occupied shall be identified by the Headman and the Dorbar Shnong, certified by
the Dorbar Raid and confirmed by Chief and his Dorbar and shall be entered in
the Record of Land Title Rights as prescribed: Provided that in certain
Raid land where the Chief has no customary rights to confirm, the Dorbar Raid
shall certify and confirm the same. (6)
Under no circumstances shall any Raid land or
any part there-of be permitted to be transformed into a Ri-Kynti land or be
settled to any person other than tribes of Meghalaya: Provided that preference
shall always be considered in favour of a landless Khasi inhabitant of the area
over other aspirants while considering allotment and setting apart of any Raid
land. (7)
No land or any part thereof which is being
used hitherto as Raid land or recorded as such under this Act shall be used for
any purpose so as to destroy the natural topography of the land or in any other
manner so as to deprive the Village Community for which the land has been
reserved and preserved as Raid land. (8)
Any settlement holders of Raid land
possessing an allotment order issued by the Village Headman or Raid or Clan
duly confirmed by the Chief and his Dorbar as the case may be, before the
commencement of this Act, may apply for regularization as per the provisions of
this Act and the Rules framed there-under. (1)
If at any time any Ri-Raid land already
allotted or set apart is found to have not been occupied, cultivated, improved
or utilized in any manner for a period of three years continuously or in any
manner in contravention of any condition laid down by the authority under this
Act, the order of settlement, allotment, setting apart pertaining to such land
shall be cancelled and the said Ri-Raid land shall be resumed by the Raid or
village concerned, unless:- (i)
The allottee concerned is able to satisfy the
Executive Committee that there is reasonable ground for leaving the land
fallow, or that; (ii)
There is sufficient material evidence to
satisfy the Executive Committee that earnest and visible attempts are being
made to utilize the land in the manner laid down. (1)
Every person who, at the commencement of this
Act, possesses any Ri-Kynti land, shall be deemed to be the owner of the land
and shall:- (i)
have both the surface right as well as
sub-surface rights over the land including the underground minerals; (ii)
have permanent, heritable and transferable
rights in the land subject to other laws for the time being in force; (iii)
be entitled by himself, his servants, agents
or other representatives there-on for the better cultivation of the land or its
convenient use: Provided that there shall be
no bar to the owner of the Ri-Kynti land to apply for the Dulir Pynskhem and
get the land entered in the Record of Land Title Rights maintained under the
provisions of this Act. (2)
Nothing in sub-clause (i) of sub-section (1)
of this Section, shall entitle a settlement holder to use his land to the
detriment of any adjoining land which is not his or in contravention of the
provisions of any other law for the time being in force and applicable to such
land. (3)
The settlement holders of Raid land who
possess allotment orders issued by the Village Headman or Raid or Clan duly
confirmed by the Chief and his Dorbar as the case may be, shall have heritable
and transferable right over the Raid land when he has made a permanent
improvement on the land. The settlement holder shall also be entitled by
himself, his servants, agents or other representatives there-on for the better
cultivation of the land or its convenient use. (1)
All land allotted shall be used for the
specific purpose for which it was allotted. However, if the owner of the land
intends to change the purpose, he shall make an application to the Executive
Committee through the Chief and his Dorbar, for such changes. Provided that such an
application for permission shall be disposed of within a period of three
months: Provided further that if
approval is refused, the ground for such refusal shall be recorded in writing. (2)
As per the prevailing custom, the Chief and
his Dorbar shall have the power and the authority to regulate Sale, Gift,
Lease, Mortgage and alienation of Land which shall not be in contravention of
the Meghalaya Transfer of Land (Regulation) Act,1971(as amended). (3)
The Executive Committee in consultation with
the landowner, Village Dorbar and the Chief and his Dorbar may by notification,
declare any land(s) as a catchment area. (4)
The Executive Committee may by Rules,
prohibit the conversion of agricultural land to non-agricultural land. (5)
On any sanction made under sub-section (1)
and (2) of this Section, fees shall be levied from the person in whose favour
sanction is made, at the rate(s) fixed and revised by the Executive Committee
from time to time. (1)
Any person acquiring by succession,
survivorship, inheritance, partition, will, gift, exchange, family settlement
or otherwise, any right in any Ri-Kynti land or Ri Raid, shall inform of his
acquisition of such right to the Clan, Dorbar Shnong, Dorbar Raid and to the
Chief and his Dorbar. (2)
The Clan, Dorbar Shnong, Dorbar Raid and the
Chief and his Dorbar shall follow the same procedure as provided for approving
Mutation and issuing the Dulir, Patta, Land document and the Dulir Pynskhem. (1)
Ri-Kynti Land includes-Ri Kur, Ri Nongtymmen,
Ri Maw, Ri Seng, Ri Khain, Ri Duwat, Ri Khurid, Ri Bitor, Ri Dakhol, Ri
Shyieng, Ri Phniang, Ri Iapduh, Ri Lynter, Ri Spah, Ri Longdung, Ri Pud, Ri Kut
and Ri Lyngdoh, Ri Syiem, Ri Khain Raibuh or by any other similar connotations
recognized as such in the respective Elaka. (2)
Ri Raid lands include-Ri Shnong, Ri Shnat, Ri
Kuna, Ri Bam Syiem, Ri Law-Kyntang, Ri Law Lyngdoh, Ri Niam, Ri Law-a-dong, Ri
Law Sang, Ri Law Sumar, Ri Bam Lang, Ri Lynter, Ri Leh Mokotduma, Ri Aiti Mon
Sngewbha, Riphlang, Ribamduh, Ridiengsai-diengjin, Ri Samia or by any other
similar connotations recognized as such in the respective Elaka. (1)
The Executive Committee may, with the consent
of the Chief and his Dorbar, Dorbar Raid, Dorbar Shnong or the Land Owner or
clan(s) as the case may be, declare and set apart any area of land as Land
Bank. Such a declaration shall be reported to the District Council in Session. (2)
The Declared Land Bank shall be allotted only
to a land less person or persons who are below the poverty line (BPL) belonging
to the Khasi Tribe, to sustain their livelihood, for settlement under terms and
conditions as may be prescribed by the Rules framed there-under. (3)
The administration and management of the area
declared as Land Bank shall lie with the Committee constituted by the Executive
Committee consisting of the Executive Member In-charge Land, Representatives
from the Chief and his Dorbar, Dorbar Raid, Dorbar Shnong or any landowner as
the case may be, including some respected members of reputed Civil Society. An
officer of the Executive Committee shall be the Member Secretary of the
Committee: Provided that land may also
be set apart for afforestation and re-afforestation schemes as per directions
issued from time to time under the Environmental Laws, for the time being in
force. Provided that the Executive
Committee may vary the ceiling from time to time as may be deemed necessary and
may also prescribe a different ceiling for a different purpose for which the
land is to be put or being put into use and further, prescribe different
ceilings for different areas or locality within the District, taking into
consideration the demand for and the availability of land: Provided further, that the
Executive Committee may exempt the operation of such ceiling in respect of
plots where permanent cultivation is being carried out or permanent buildings
or structures already exist immediately before the commencement of this Act or
in the case or cases wherein the ceiling could not be effected without causing
extreme hardship to the settlement holder in question. (1)
Whoever contravenes any provision of this Act
or charges any fee in excess of what has been provided under the provisions of
this Act and Rules framed there-under or causes any undue delay in the process
of issuance of the Dulir Pynskhem or Certificate of Identification or Land
Title Rights Certificate or issues illegal Land documents, the Executive
Committee shall have the power to penalize such contraventions as per the
existing Acts and Rules enacted by the District Council from time to time or
proceed with legal action or with both, as per law. (2)
The Clan or the Dorbar Shnong or the Dorbar
Raid or the Chief and his Dorbar are strictly prohibited to issue multiple Land
documents to different persons for the same plot of land, failing which, the
person(s) who issued such Land document shall compensate the losses incurred by
the person(s) to whom the land document was issued. (i)
against any Officer or authority of the
District Council or Chief or his Officer or Head of Dorbar Raid or Headman for
anything done in good faith or intended to be done under this Act; and (ii)
against the Executive Committee for any
damage caused or likely to be caused or any injury suffered or likely to be
suffered by anything done in good faith or intended to be done under this Act. (1)
Appeals against any order made by any
authority under the provisions of this Act shall lie to the Executive Committee
of the District Council, whose decision shall be final: Provided that the Executive
Committee may authorize any two of its Executive Members to exercise power or
powers conferred upon them under the provisions of this Act. Anything heard,
any act done or order passed by such members of the Executive Committee shall
be deemed to have been heard, done or passed by the Executive Committee. (2)
Every appeal made under this section shall be
preferred by a party within three months from the date of the order appealed
against. However delay, if any, in filing the appeal beyond the period of one
month may be condoned by the appellate authority on good and sufficient reasons
shown by the appellant for such delay. (1)
The Executive Committee may, either on its
own motion or on the application of any party interested, review any order
passed by itself or by any of its predecessors-in-office and/or revise any
order passed by any authority of the District Council acting under this Act and
pass such order in reference there-to, as it deems necessary. (2)
No order affecting any question of right
between or amongst private persons shall be reviewed/ revised except after
notice to any party likely to be affected and no application for review of such
order shall be entertained unless it is made within 90 (ninety) days from the
date of the order. (3)
No order shall be reviewed at the instance of
any party except on the following grounds, namely;- (i)
discovery of new and important matter of
evidence; or (ii)
some mistake or error apparent on the face of
the record; or (iii)
any other sufficient reason. Provided that no such action
shall be taken after two years of the coming into force of this Act: Provided further, that any
action taken under this Section, shall be placed before the Council in Session
for approval. (1)
The Executive Committee shall, with the
approval of the Governor, make Rules for the purpose of carrying out the
provisions of this Act in consultation with the Chief and his Dorbar. (2)
Such rules when published in the Official
Gazette, shall have the force of law.Khasi
Hills Autonomous District (Regulation And Administration Of Land) Act, 2021
The type of lands within the Khasi Hills Autonomous District are classified as
follows:-
The Executive Committee after prior consultation with the respective Dorbar
Shnong, Dorbar Raid and the Dorbar Hima may by notification, fix a ceiling over
the settlement, allotment or setting apart of raid land made by it or under its
sanction under the provisions of this Act. In fixing such a ceiling, the
Executive Committee may prescribe a limit both in the number of plots as well
as the size of the land that each person or family may hold. Any area found in
possession or occupation of any person in excess of the ceiling so fixed, shall
be illegal and void:
Subject to the provision of Section 17, the Executive Committee may, by
notification, delegate to the Executive Member Incharge Land or to any Officer
under it, any of the powers conferred on it by this Act, subject to
restrictions and conditions as may be specified in the said notification.
No suit, prosecution or other proceeding shall lie-
If any difficulty arises in giving effect to any provision of this Act, the
Executive Committee may as occasion requires, take any action not inconsistent
with the provisions of this Act, which may appear to it necessary for the
purpose of removing the difficulty: