KSU distributes pamphlets against gov’t move to implement MSIPF Act, 2024 for creation of land banks

Syllad | The Rising MeghalayaJanuary 21, 2025

The Khasi Students’ Union (KSU) on Tuesday distributed pamphlets urging the people of the region to reject the government’s move to implement the Meghalaya State Investment Promotion & Facilitation Act, 2024 (MSIPF), which seeks to create land banks for the promotion of investments in the state.

The pamphlets were seen being distributed by KSU activists to people from all walks of life, including students, shopkeepers, taxi drivers, and others across the city.

This came a day after the KSU submitted a letter to Chief Minister Conrad K Sangma expressing its strong opposition to the creation of land banks.

KSU President Lambokstarwell Marngar stated in the letter, “Therefore, with all these lacunae in the Act, the Union rejects the implementation of the Meghalaya State Investment Promotion & Facilitation Act, 2024, since it is devoid of merits, ambiguous, and it is against the benefits of the indigenous tribals of the state.”

“And as far as the amendment of the Act for the creation of land banks which is yet to be available in the public domain, the Union wants to make it clear that the Government should discard such proposals of the creation of land banks and focus its efforts on making the Act transparent, fair, and in favour of the indigenous people of Meghalaya because with the present Act, it seems that the Government has a malicious intention to acquire land,” he stated.

He alleged that the Act is a draconian and tyrannical law which envisages all the powers to a handful of men in power (in particular the ministers/politicians), disregarding the views, propositions, and mandates of the people of the state. The Union finds it inconceivable that such a dictatorial law is passed in the State Assembly without any debate, dialogue, or thorough discussion.

Marngar also reiterated that changing the name from Invest Meghalaya Agency (IMA) to Meghalaya Investment Promotion Authority (MIPA) in its Cabinet decision on the 15th of January, 2025, does not count for anything since the ambiguous and treacherous provisions in the Act still prevail.

Meghalaya Cabinet okays amendment of MSIPFA, 2024 to ensure there is no derogation of Meghalaya Land Transfer Act

“Deletion of S. 34 of the Act and including the Autonomous District Councils in the Act is not enough to guarantee that the tribal lands are not alienated and traded to foreign entities until major changes and amendments are brought forward in the Act,” he said.

He added, “The Union has always echoed its demand to the Government to establish a firm policy for the indigenous people of the state so that opportunities will be provided to them in the private sector as well since employment in the government sector is saturated. A minor fraction of the said demand was visualized through the Meghalaya Industrial and Investment Promotion Policy, 2024. But this policy would not be able to suffice and meet the needs of the indigenous population of the state because of the oppressive Act which caters to meet the needs of only a certain influential section of the society. Implementation of the Act would not benefit the indigenous tribals in employment opportunities but would rather aggravate influx, promote ghost companies and money laundering, and boost corruption.”

The KSU president also referred to the preamble of the MSIPF Act, 2024, which states, “…to simplify the regulatory framework by reducing procedural requirements and rationalizing documents…” and said, “The very fact that the Act is designated to do so must be invoked with caution. The dangers that come along with an oversimplified regulatory framework are that it weakens consumer protection, lax environmental regulations can lead to pollution, resource depletion, etc., it increases inequality and widens market domination for large corporates. By rationalizing documents, it may cause ghost companies or shell companies to crop up which exist only on paper and their whole purpose is to dodge taxes, launder money, commit fraud, and engage in other illegal activities.”

He said that the Union would like to give a brief analysis of certain provisions of the MSIPF Act which is authoritarian and overbearing which made the Union believe that this Act is a draconian law that is enacted not for the benefit of the indigenous tribal population but only for a certain segment of the society.

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The KSU also demanded certain provisions to be immediately struck down and omitted for fair and transparent interpretation of the law as well as negating the abusive provisions.

“These are: a) Section 39 of the Act states that, “No suit or legal proceedings shall lie against the Chairman or other members of the Governing Council or High-Powered Committee or State Investment Committee or District Investment Committee or Nodal Agency or any employees of such committee in respect of anything which is done or intended to be done in good faith under this Act or any rule made thereunder.”

According to the Union, the very fact that politicians, bureaucrats, and other members of different committees are being given impunity from the ‘Rule of Law’ depicts that there are malicious intentions by the lawmakers to determine the benefits for themselves without being subjected to any legal complications or judicial scrutiny. The fundamental principle of a just society is that everyone is subjected to the same law. Without the threat of legal consequences, politicians, bureaucrats, and other members of the Committee would engage in corruption, abuse of power, and other illegal activities without the fear of repercussions. This would lead to a government that is unaccountable to the people it is meant to serve and it also undermines the very fabric of democratic principles. This section needs to be deleted/omitted immediately.

It also seeks the deletion of Section 36 of the Act states that, “The Government may, from time to time, issue general or special directions as they may deem necessary or expedient for the purpose of carrying out the objectives of this Act.” This very section of the Act furthermore reflects the unpredictability and the ambiguity of the Act and Section 33 of the Act relates to offenses by companies, etc. It states that, “Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offense was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offense.”