The Khasi Students Union (KSU) has termed the Meghalaya State Investment Promotion & Facilitation Act, 2024 as a “draconian and tyrannical law”.
“This act envisages all the powers to a handful of men in power (in particular the ministers/politicians) disregarding the views, proposition and mandate of the people of the State,” KSU president Lambokstarwell Marngar said.
In a letter to Chief Minister Conrad Sangma, the KSU pointed to the lacunae in the Act and said it is devoid of merits, ambiguous and must be struck down and omitted for fair and transparent interpretation of law as well as negating the abusive provisions.
The KSU listed section 39 wherein 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 are not subjected to any legal complications or judicial scrutiny. “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,” the union said.
It pointed out Section 36 and said this has abusive powers and will omit any procedural framework which is needed for balancing the regulatory framework. “With such provisions the Government would have full control and would be able to manipulate and influence any individual(s) through any special directions to favour themselves and would overlook the need of the public,” it said.
The other sections that the KSU wants the government to omit are Section 33, Section 32, Section 31, which signifies that a Governing Council can take a dictatorial form of government and can bend the law as per their liking to favour or disfavour any individual(s)/ company, etc.
Furthermore, the KSU said Section 26 has abusive powers as there has been no mention about the stipulated time frame for clearances and Section 5(3) that deals with engaging experts, consultants, advisors, or technology professionals.
“The numbers of advisers, consultants and consultancy agencies has risen drastically over a couple of years which is wastage of public money,” the KSU said, adding that most of the advisers are ill qualified and being engaged in government departments raises an eyebrow over the employee’s competency.
The KSU said Section 2 (xiii) of the Act lacks clarity and said the bodies that are recognised under Paragraph 3 of the Sixth Schedule are to be taken on board.
Stating that the cabinet decision to change the name from Invest Meghalaya Agency (IMA) to Meghalaya Investment Promotion Authority (MIPA) does not count for anything since the ambiguous and treacherous provisions in the Act still prevails.
“Deletion of Section 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,” the KSU said.
The KSU said the government should do away with its idea of creation of land banks and focus its efforts on making the Act transparent since it seems the government has “malicious intention” to acquire land.
“Implementation of the Act would not benefit the indigenous tribal in employment opportunities but would rather aggravate influx, promote ghost companies and money laundering and boost corruption,” it added.
Stating that the union has always echoed its demand for a firm policy dedicated to the indigenous people of the State for them to avail opportunities in the private sector, with government jobs being at a saturated point, the KSU said the Meghalaya Industrial and Investment Promotion Policy, 2024 is not sufficient to meet the needs of the indigenous population of the State because of the oppressive act which is to meet the needs of only a certain influential section of the society.
