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Authorities in Meghalaya's Garo Hills region have imposed restrictions preventing non-tribal individuals from purchasing, inheriting or claiming land. The order was issued by the Garo Hills Autonomous District Council using its powers under the Sixth Schedule of the Constitution of India to protect tribal land ownership and customary rights. The notification also invalidates benami arrangements where land is held in a tribal person's name for the benefit of a non-tribal individual. While new transactions are barred, land that has already been legally owned or inherited by non-tribals will remain valid under existing laws.
Authorities in the Garo Hills region of Meghalaya have restricted non-tribal individuals from purchasing or claiming land after the Garo Hills Autonomous District Council issued a notification invoking provisions under the Sixth Schedule of the Constitution of India. The directive has been introduced to protect traditional tribal land ownership and prevent the transfer of indigenous land to people from outside the tribal communities. Advertisement
The council stated that non-tribal individuals will not be allowed to acquire land through purchase, inheritance, lease, mortgage, transfer or any other form of ownership claim in the Garo Hills districts. It further clarified that government departments and local authorities will not process settlement, registration, mutation or recognition of land titles if the property is transferred in favour of a non-tribal individual.
Officials also indicated that the notification targets benami arrangements, where land is registered in the name of a tribal person but effectively controlled or used by a non-tribal individual. Such arrangements have been declared invalid, and any land rights obtained through such practices may be cancelled or restored under applicable regulations.
The council clarified that the directive will not affect non-tribal individuals who already hold land legally. Existing holdings that were inherited or acquired earlier under valid laws will continue to remain recognised. However, authorities indicated that future transfers of such land may still require approvals under applicable regulations in order to ensure compliance with tribal land protection rules.
The decision has been taken under the constitutional framework that grants administrative autonomy to tribal regions in northeastern states. The Sixth Schedule allows autonomous district councils to regulate land ownership, manage local governance and protect customary practices followed by indigenous communities.
Land ownership in Meghalaya largely follows traditional community-based systems where land is controlled by clans, local communities or tribal institutions rather than the state government. Over the years, various legal measures have been introduced to prevent the transfer of tribal land to non-tribal individuals and to ensure that indigenous communities retain control over land and natural resources.
The latest directive also follows another step taken recently by the district council to strengthen local representation. The council had earlier issued a notification stating that non-indigenous individuals will not be eligible to contest elections to the district council. Those elections are scheduled to take place on April 10.
The new land restriction order has come into effect immediately across the Garo Hills region and is expected to be implemented by local administrative authorities and land registration offices.
Source PTI
FAQ
1. What new restriction has been introduced in the Garo Hills region of Meghalaya?
The Garo Hills Autonomous District Council has issued a directive preventing non-tribal individuals from purchasing, inheriting, leasing, mortgaging, or claiming land in the Garo Hills region. The order is intended to safeguard traditional tribal land ownership and ensure that land remains under the control of indigenous communities. The directive applies across the Garo Hills districts and requires local authorities to stop processing land transactions that transfer ownership to non-tribal individuals.
2. Under which constitutional provision was this order issued?
The directive has been issued under the Sixth Schedule of the Constitution of India, which grants special administrative powers to tribal areas in northeastern states. This constitutional framework allows autonomous district councils to regulate land ownership, protect customary practices, and manage local governance in order to preserve the rights and traditions of indigenous communities.
3. What types of land transactions are restricted for non-tribal individuals?
Under the new order, non-tribal individuals are barred from acquiring land through purchase, inheritance, lease, mortgage, transfer, or any other method that could result in ownership or control of property. Government departments, land registration offices, and local authorities have also been instructed not to process settlement, registration, mutation, or recognition of land titles if the property is being transferred to a non-tribal individual.
4. How does the order address benami land arrangements?
The notification specifically targets benami arrangements where land is formally registered in the name of a tribal individual but is effectively controlled or used by a non-tribal person. The council has declared such arrangements invalid and warned that any land rights obtained through these practices may be cancelled or restored under applicable regulations. The move aims to prevent indirect transfers of tribal land to outsiders.
5. Will the restriction affect non-tribals who already own land in the region?
The council has clarified that the order will not affect individuals who already hold land legally. Non-tribal individuals who previously acquired or inherited land under valid laws will continue to retain their existing holdings. However, future transfers of such land may still require approval from relevant authorities to ensure compliance with regulations designed to protect tribal land ownership.
6. Why are such restrictions on land ownership common in Meghalaya?
Land ownership in Meghalaya largely follows traditional systems in which land is managed by clans, communities, or tribal institutions rather than directly by the state government. To protect these customary practices, various legal measures have been introduced over time to prevent the transfer of tribal land to non-tribal individuals and to ensure that indigenous communities maintain control over land and natural resources.
7. What other related steps has the district council taken recently?
The council has also introduced measures aimed at strengthening indigenous representation in local governance. Earlier, it issued a notification stating that non-indigenous individuals would not be eligible to contest elections to the district council. These elections are scheduled to take place on April 10, and the move is part of broader efforts to ensure that governance in the region remains aligned with the interests and traditions of the local tribal population.
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