Sl. No.

RESOLUTIONS - 1976

Date

1976

 

.1.

Government Resolution : (Central Act) Resolutions for the adoption of the Urban Land (Ceiling and Regulation) Act, 1976 (Central Act No.33 of 1976) in its application to the State of Meghalaya.

7.4.76

 

        The Urban  Land (Ceiling and Regulation) Act, 1976 provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good. The Act applies in the first instance and shall come into force in the State of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh, West Bengal and extent of other States and Union Territories which adopts this act under Clause (1) of Article 252 of the Constitution. Under the Act persons are not entitled to hold vacant land in excess of the ceiling limit. The Act imposed regulation on transfer of vacant land and urban property and construction of buildings with dwelling units.

        The resolution for the adoption of the Urban Land (Ceiling and Regulation) Act, 1976 was moved in the Meghalaya Legislative Assembly by Shri. Brington Buhai Lyngdoh (Minister, Revenue) under Clause (1) of Article 252 of the Constitution and sub-section (2) of section (1) of the above Central Act. While taking part in the discussion on the resolution Shri. Hopingstone Lyngdoh, M.L.A. sought clarification from the Revenue Minister on certain provision of the act and requested the Government not to hurry for the adoption of the Act. The hon'ble Member stated that he has no intention of opposing the Act but, it may not be applicable to the State of Meghalaya as the population of the towns especially Shillong is hardly one lakhs and therefore the Act is applicable only to certain town and cities where the population exceed. Shri. Francis K. Mawlot, M.L.A., wanted to postpone the adoption of the Act for the time being so as to get sufficient time to read and consider whether this Act will be for the benefit of the people of the State or not. Other Members taking part in the discussion and supported the resolution are Shri. M. Reidson Momin, M.L.A., Shri. Hoover Hynniewta, M.L.A., Shri. Dlosing Lyngdoh, M.L.A. and Shri. Maham Sing, M.L.A. Shri. S.D. Khongwir, M.L.A. asked the Revenue Minister to give some enlightenment on the provisions of the act.

        In his reply to the discussion on the resolution Shri. B.B. Lyngdoh (Minister, Revenue) stated that the Act gives wide discretion to the State Government in the implementation and there should be no need to apprehend any hardships and difficulties that may be caused to anybody or to the people as a whole. The Minister informed the House that the resolution was only an enabling resolution to enable the State Government to take advantage and make use of the Central Act where and when it is considered necessary and good.

        The text of the Resolution was -

        "Whereas this Assembly considers that it is desirable to have a uniform law throughout India for the imposition of a ceiling on vacant land in urban agglomeration and for matters connected therewith or ancillary and incidental thereto;

        And whereas the subject matter of such law is relatable mainly to Entry 18 of List II - State List of the Seventh Schedule to the Constitution of India;

        And whereas Parliament has no power to make laws for the States with respect to the matters aforesaid except as provided in Articles 249 and 250 of the Constitution of India;

        And whereas it appears to this Assembly to be desirable that the aforesaid matters should be regulated in the state of Meghalaya by Parliament by law;

        And whereas, the Parliament has enacted the Urban Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976) to provide for the imposition of ceiling on the vacant land in urban agglomeration and for matters connected therewith or ancillary and incidental thereto;

        Now, therefore, in exercise of powers conferred by Clause (1) of Article 252 of the Constitution and Sub-Section (2) of section 1 of the Urban Land (Ceiling and Regulation) Act, 1976 (Act No.33 of 1976) be adopted in its application to the State of Meghalaya."

        The Resolution was adopted by the House.

 

2.

Government Resolution : (Central Act)

Resolution for the adoption of the Wild Life (Protection) Act 1972 (No.53 of 1972) in its application to the state of Meghalaya.

7.4.76

 

        The Wild Life (Protection) Act, 1972 provide for the protection of Wild animals and birds and for mattes connected therewith or ancillary or incidental thereto. The Act applies to the states which adopted the Act by resolution passed in that behalf in pursuance of Clause (1) of Article 252 of the Constitution. Under the Act the Central Government appoint the Director, Assistant Director and other officers and employees as may be necessary which are subjected to the direction of the Central Government in connection with the protection and preservation of Wild Life. The State Government appoint the Chief Wild Life Warden, Wild Life Wardens and other officers and employees as may be necessary. The Act also constitute the Wild Life Advisory Board in the states and union territories, which give advise to the state in connection with Wild Life protection and preservation. The Act prohibit the hunting of Wild animals specified in Schedule I, II, III and IV of the Act except in certain case which may pose a threat to human life and destruction of human property including standing crops. Hunting permits are issued only for special purpose which involve educational and scientific Research. The Act provide protection and entry restriction to any areas which has been declared as Sanctuary, National Parks, Game Reserves and Closed areas. Trade or Commerce in wild animals articles and Trophies is prohibited except those who possess a valid license. Any person violating any provision of the Act or rule will be punished and penalised according to the provision laid down in the Act.

         The resolution for the adoption of the Act in its application to the State of Meghalaya was moved in the Meghalaya Legislative Assembly by Shri. Grohonsong Marak (Minister, Forest) Shri. S.N. Koch, M.L.A., enquired whether the resolution was in conformity with the Central Act or whether it is an independent Act of the state. The hon'ble Speaker also enquired whether the Act substitute the Central Act substitute the Central Act or it is a corollary of the Act to which the Minister reply that the Act will supplement the State Act.

        The text of the Resolution was -

        "Whereas this Assembly considers that it is desirable to have a uniform law throughout India for the protection of Wild animals and birds and for matters connected therewith or ancillary and incidental  thereto;

        And whereas, the subject matter of such a law is relatable mainly to entry 20 (Protection of Wild animals and birds) of list -II - State list of the Seventh Schedule to the Constitution of India.

        And whereas, Parliament has no power to make laws for the State with respect to matters aforesaid except as provided in Articles 249 and 250 of the Constitution of India;

        And whereas, it appears to this Assembly to be desirable that the aforesaid matters should be regulated in the State of Meghalaya by Parliament by law;

        And whereas the Parliament has enacted the Wild Life (Protection) Act, 1972 (No.53 of 1972) to provide for protection of Wild animals and birds and for matters connected therewith or ancillary and incidental thereto;

        Now, therefore, in exercise of the powers conferred to clause (1) of Article 252 of the Constitution of India and sub-section (2) of Section 1 of the Wild Life (Protection) Act, 1972, this Assembly hereby resolves that the Wild Life (Protection) Act, 1972 (No.53 of 1972) be adopted in its application to the State of Meghalaya."

         The resolution was adopted by the House.

 

3.

Government - Resolution - To enhance the Maximum borrowing capacity of the Meghalaya State Electricity Board upto 75 (Seventy five) crores of rupees.

8.9.76

 

        The resolution was moved in the Meghalaya Legislative Assembly by Shri. S.D.D. Nichols Roy, (Minister of Power). The Minister stated that the purpose of the resolution was to enable to increase the borrowing powers of the Meghalaya State Electricity Board upto 75 crores as the State has to undertake a number of generation project inherited from erstwhile Assam State Electricity Board and also the on going  Kyrdem Kulai Project, besides two or three more projects under investigation. Moreover most of the State Electricity Boards borrowing power exceeded 75 crores. The hon'ble Minister requested all the members to support the resolution so that the Meghalaya State Electricity Board will be able to carry on with the Works of those generation schemes that have been already undertaken and those schemes that the Government are contemplating to take up in the following years. While taking part in the discussion on the resolution Prof. M.N. Majaw, M.L.A and Shri. H.S. Lyngdoh, M.L.A., sought clarification from the Minister in-charge power in connection with the liabilities and assets inherited by the Meghalaya Government from the erstwhile Assam State Electricity Board.

        The text of the Resolution was -

        "Whereas under sub-section (3) of Section 65 of the Electricity (Supply) Act, 1948 (Act 54 of 1943) the Maximum amount which the State Electricity Board may at any time, have on loan under sub-section (1) of Section 65 of the Act shall be 10 (ten) crores of rupees, unless the State Government, with the approval of the State Legislative Assembly fix a higher maximum amount;

        And whereas, the Meghalaya State Electricity Board shall require loans beyond this amount for implementation of generation schemes of the Board. Now, therefore, in exercise of the powers conferred by sub-section (3) of Section 65 of the Electricity (Supply) Act, 1948, this Assembly hereby resolves that the maximum amount which the Meghalaya State Electricity Board, may at time, have on loan be fixed at 75 (seventy - five) crores of rupees.

        The Motion was carried by voice vote and passed.