The State government has stated that the Meghalaya State Investment Promotion & Facilitation (MSIPF), Act, 2024 does not contradict any provisions of the Meghalaya Transfer of Land (Regulation) Act, 1971 and that alienation of tribal land does not arise.
The recent decision of the State cabinet to amend the MSIPF, 2024, has kicked up a storm from various quarters that the amendment would undermine the Meghalaya Land Transfer Act for the sake of private investments.
However, today the State government through the Planning Investment Promotion and Sustainable Development said that the MSIPF is to foster “investment ecosystem” in the state by simplifying the regulatory framework relating to business-centric compliances.
Stating that the Act does not undermine the role of Autonomous District Councils (ADCs), the government said permissions like trading licenses that are required to be obtained from the district councils and traditional institutions will have to be obtained by- all businesses and investors.
By leveraging the Meghalaya Industrial & Investment Promotion Policy (MIIPP), 2024, the government said it envisions transforming the State into a “green investment destination” achieving holistic green growth, empowering local communities, and fostering a sustainable economy. The policy introduces attractive incentives across 16 priority sectors that focus on positive environmental impacts, it said.
Pointing out that the policy has special provisions for providing employment opportunities in newly created industries the government referred to clause 3.1.11 of MIIPP that mandates the industrial unit to employ 90 per cent of local people from inception of commercial operations in non-managerial and 50 per cent of local people in managerial positions over a period of 3 years.
“For the 1st and 2nd Year from the date of commencement of commercial operations it employs local people (individuals domicile of Meghalaya) to the extent of not less than 25 % in case of Managerial Positions and 90 % in case of Non-Managerial Positions of the total employee strength of the Unit. From the 3rd Year from the date of commencement of commercial operations it employs local people (individuals domicile of Meghalaya) to the extent of not less than 50% in case of Managerial Positions and 90% in case of Non-Managerial Positions of the total employee strength of the Unit,” the statement said.
Referring to Section 34 of the MSIPF the government said the overriding power is limited to the permissions listed in the Combined Application Form (CAF) for the investors relating to various State Government Departments. “This section does not provide any overriding power on any issue relating to Meghalaya Transfer of Land (Regulation) Act, 1971,” it added.
The section states, “Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law.”
