Govt should advice governor to notify BEFR, 1873: HS Shylla

Syllad | The Rising MeghalayaJanuary 6, 2020

SHILLONG: Former KHADC chief Hispreaching Son Shylla on Monday asked the state government to advice the Governor to notify the Bengal Eastern Frontier Regulation, 1873 in the Khasi and Jaintia Hills region.

“We should urge the state government as per Article 163 to advice the Governor to notify the implementation of the BEFR, 1873 as was done in the case of the Excise Act, 1910 by the Governor of Assam,” Shylla said in a statement issued here.

He also referred to the ruling of the Supreme Court passed on November 23, 1971 in regards to a petition filed by one Byrhien Kurkalang and others.

The petition had questioned how the Governor of Assam had issued a notification on September 8, 1961 when Paragraph 19 (1) (b) had ceased to operate from June 27, 1952. It has also questioned as to how the United Khasi-Jaintia Hills District (Application of Laws) Regulation, 1952 (also known as Regulation No.5 of 1952) is still being implemented.

The 225 legislations in the Regulation 1952 also include Indian Christian of Marriage Act, 1872, Eastern Bengal Frontier Regulation, 1873 (ILP), and Eastern Bengal and Assam Excise Act, 1910.

He said had it not been because of the Regulation 1952, it would not be possible for the United Khasi Jaintia Hills Autonomous District Council to legislate the law – ‘United Khasi-Jaintia District (Christian Marriage) Act, 1954’, which is still being implemented till today.

Shylla also informed that the Supreme Court in its ruling dated November 23, 1971 had stated that the Paragraph 19 (1) (b) has ceased to operate but the Regulation No. 5 continue to operate like any other piece of legislation until it is repeal or amend.

On the other hand, the former KHADC chief also pointed out that the President of India cannot remove the word Khasi-Jaintia Hills from the Preamble of the Bengal Eastern Frontier Regulation, 1873 as was announced by the chief minister Conrad K Sangma in the Assembly held recently.

He said this is because if the President has done it based on Article 372 (2), then he is violating the Constitution of India.

Shyllai also questioned the need to go to Delhi to urge the Centre to implement ILP in the state. “When ILP is in our hands, what is the need to go to Delhi,” he said.

He however said in as far as the areas falling under the GHADC is concerned, the Advocate General (KS Kynjing) had already suggested separate legislation is required.