municipality
agnes
(Querist) 08 January 2011
This query is : Resolved
Our State falls under the 6th schedule of the constitution and have our own State relevant Land laws . Does having a municipal Election dilute the Act as the Sec 11 [(d)(ii)] of the Act states that nothing contained in this act shall apply to ....(d)
(ii) a municipal Corporation, municipality or town committee constituted under any law.
Gulshan Tanwar
(Expert) 09 January 2011
Is it matter of DGHAC vis-a-vis DGHC?
agnes
(Querist) 09 January 2011
What actually is DGHAC, DGHC
Gulshan Tanwar
(Expert) 09 January 2011
Darjeeling Gorkha Hill Autonomous Council and Darjeeling Gorkha Hill Council.
Which state is yours: Manipur or Mizoram or the divisions of Ahom
agnes
(Querist) 09 January 2011
I am from Meghalaya. The Government is trying to force the 74th Amendment Act, by having the election because they want to corrupt from the JNNURM Project.
agnes
(Querist) 09 January 2011
We also have the Autonomous district councils.And the project is funded by ADB but ADB safeguards the Indigenous people.
Gulshan Tanwar
(Expert) 09 January 2011
SIXTH SCHEDULE
[Articles 244(2) and 275(1)]
Provisions as to the Administration of Tribal Areas in 1[the States of
Assam, Meghalaya, Tripura and Mizoram]
21. Autonomous districts and autonomous regions.—(1) Subject to the
provisions of this paragraph, the tribal areas in each item of 3[4[Parts I, II and
IIA] and in Part III] of the table appended to paragraph 20 of this Schedule
shall be an autonomous district.
(2) If there are different Scheduled Tribes in an autonomous district, the
Governor may, by public notification, divide the area or areas inhabited by
them into autonomous regions.
(3) The Governor may, by public notification,—
(a) include any area in 3[any of the Parts] of the said table,
(b) exclude any area from 3[any of the Parts] of the said table,
(c) create a new autonomous district,
(d) increase the area of any autonomous district,
(e) diminish the area of any autonomous district,
(f) unite two or more autonomous districts or parts thereof so as to
form one autonomous district,
5[(ff) alter the name of any autonomous district,]
(g) define the boundaries of any autonomous district:
Provided that no order shall be made by the Governor under clauses (c),(d), (e) and (f) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule:
6[Provided further that any order made by the Governor under this subparagraph
may contain such incidental and consequential provisions (including any amendment of paragraph 20 and of any item in any of the 1Subs. by the State of Mizoram Act, 1986 (34 of 1986), s. 39, for certain words (w.e.f. 20-2-1987).
2 Paragraph 1 has been amended in its application to the State of Assam by the Sixth Schedule to the Constitution (Amendment) Act, 2003 (44 of 2003), s. 2, so as to insert the following proviso after sub-paragraph (2), namely:—
“Provided that nothing in this sub-paragraph shall apply to the Bodoland Territorial Areas District.”
3Subs. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch., for “Part A” (w.e.f. 21-1-1972).
4Subs. by the Constitution (Forty-ninth Amendment) Act, 1984, s. 4, for “Parts I and II” (w.e.f. 1-4-1985).
5Ins. by the Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969), s. 74 and Fourth Sch. (w.e.f. 2-4-1970).
6Ins. by the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971), s. 71(i) and Eighth Sch. (w.e.f. 21-1-1972).
Parts of the said Table) as appear to the Governor to be necessary for giving
effect to the provisions of the order.]
Gulshan Tanwar
(Expert) 09 January 2011
Now what you require .... the query to be completed or the matter to be resolved. As I am Constitutional expert and I work for people of India.
Who is proclaiming the elections the government or the Governor or someone else:
agnes
(Querist) 09 January 2011
The people of our State do not want the Municipal elections as we have a land transfer Act but Government wants to make money with the business men who will come in as PPP and put our resources as assets for loan from ADB. But Government is trying to fool us saying election will not affect land transfer Act
agnes
(Querist) 09 January 2011
Governor is a party man so he has signed the bill for the elections.
Gulshan Tanwar
(Expert) 09 January 2011
The law which is to be made in contravention of Sixth Schedule can be easily declared invalid after challenging its validity but there is fearsome for those protections as last year on 26th November, 60 years of reservation had elapsed and though I have raised a voice in this behalf but no one is doing anything as this Limitation period is for reservation and people just only knows that reservation is meant for protecting castes.
Gulshan Tanwar
(Expert) 09 January 2011
Can your produce the notification of the Governor;
Gulshan Tanwar
(Expert) 09 January 2011
Mr. Ranjit Mooshahary is the governor I think
agnes
(Querist) 09 January 2011
I too am a scheduled Tribe and we do not want that scrupulous business tycoons and politicians destroy our State and we may lose our land. Does the 74th Amendment dilute our land Act ?
agnes
(Querist) 09 January 2011
yes he is the Governor. The JNNURM comes with reforms and the mandatory reform is the Municipal elections.
agnes
(Querist) 09 January 2011
I will get the notification through the RTI and will contact you. Can you please give me your Address? Our State politicians are violating many of the Supreme Court Orders and do not care. The CAG has even found that they allowed the IAS officers to allot land to themselves at Rs 1 per Sq ft.
agnes
(Querist) 09 January 2011
my email ID is akharshiing@yahoo.com
Gulshan Tanwar
(Expert) 10 January 2011
Happy news is that SC made accountable government in this regard as all Land laws had to seek SC favour and the protection regarding Land what our government earlier were not confined to judicial scrutiny had now to adhere to the SC guidelines else the transfer will be declared void as that is in contravention of SC guidelines.
agnes
(Querist) 10 January 2011
where are you based and are you a supreme court lawyer? we have many cases here but some lawyers here are double standards.
Gulshan Tanwar
(Expert) 10 January 2011
I had sent you PM; my email id is there
agnes
(Querist) 10 January 2011
The draft policy shows aou land laws but when I checked the Facility manual of the ADB only the Meghalaya Town and Country planning act is reflected while other States have different land laws reflecting in the ADB manual. I will send you detail to your email.
Gulshan Tanwar
(Expert) 10 January 2011
I am constitutional expert, Delhi High Court and Supreme Court I practice.
agnes
(Querist) 10 January 2011
then I will sent you that . Where do you practise if you dont mind?
agnes
(Querist) 10 January 2011
are you expert in CAT
agnes
(Querist) 10 January 2011
Our DG of Police who has been superseded is looking to fight in the CAT as he has been removed from the DGP post and a junior has been appointed.
Gulshan Tanwar
(Expert) 10 January 2011
Yes as very soon for the same problem I had to go to CAT as my some relative had been deprived all the benefits by the Haryana Police.
agnes
(Querist) 10 January 2011
Then can I ask the DGP to contact you if he is not appointed this month?
agnes
(Querist) 10 January 2011
Instead of paying the lawyers here who are double standards he can discuss and pay you. There was a Jailbreak in our State in 2009 where even the present Union Minister in our State has a know of it. the Cops helped and so they did not want this DGP but put someone else. Then there was public pressure and a Commission was set up and the cops brought in K T S Tulsi.
Gulshan Tanwar
(Expert) 10 January 2011
No probs, all the relevant details to be sent to my email id and only then I can be able to send the answer.
Gulshan Tanwar
(Expert) 10 January 2011
Dear Agnes dont make this as chat room, let it be legal room. These things can be sent to my email. We will discuss there.
Bye for now.
