Wildlife and Nature Conservation - Centre for Ecological Sciences
Wildlife and Nature Conservation - Centre for Ecological Sciences
Wildlife and Nature Conservation - Centre for Ecological Sciences
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the State. The l<strong>and</strong>owners in their individual l<strong>and</strong>s have permanent <strong>and</strong> heritabletransferable rights over the l<strong>and</strong> <strong>and</strong> its use. L<strong>and</strong> ceiling has been imposed wherein amaximum of five ha of irrigated l<strong>and</strong> can be owned by a family of five members <strong>and</strong> <strong>for</strong>each additional member of the family 1/2 ha may be owned. The ceiling is 10 ha, in caseof non-irrigated l<strong>and</strong>. This Act also prohibits transfer of tribal l<strong>and</strong> to a non-tribal <strong>and</strong>l<strong>and</strong> rights are thus acquired by (1) inheritance (2) transfer (3) allotment of new l<strong>and</strong> byGovernment. Transfer of l<strong>and</strong> owned by tribal to a non-tribal may be possible only afterpermission from the Deputy Commissioner <strong>and</strong> consent of the District council. However,M.L.R. & L.R. Act, 1960 does not apply to hill areas where 70% of the <strong>for</strong>ests arelocated. The l<strong>and</strong> tenure system in these hill villages is governed by the customs <strong>and</strong>traditions of the tribes that inhabit such areas <strong>and</strong> these are basically of two broad typesviz. Naga <strong>and</strong> Kuki. However, there is one common factor, that the rights over l<strong>and</strong> canbe acquired by clearing jungles, in addition to acquisition through inheritance <strong>and</strong>transfer.In Meghalaya, 72.98% of the l<strong>and</strong> of the State falls under community ownership. Thisalso includes clan l<strong>and</strong> <strong>and</strong> “rikynti” l<strong>and</strong>, which are not strictly community l<strong>and</strong>. Therest consist of l<strong>and</strong> acquired by the Government <strong>for</strong> its establishment <strong>and</strong> l<strong>and</strong> assessed<strong>for</strong> l<strong>and</strong> revenue, which includes towns, bazaar l<strong>and</strong>, homestead l<strong>and</strong>, basti or paddyl<strong>and</strong>s, etc. The l<strong>and</strong> tenure system is different from district to district <strong>and</strong> each of the predominanttribal community follows its own traditional system. In the Khasi Hills, onecategory of l<strong>and</strong> belongs to the community, <strong>and</strong> even if a member has a right to occupy aportion of the l<strong>and</strong>, he has no transferable right. In the second category, l<strong>and</strong> is set apartexclusively <strong>for</strong> certain clans, specially the original founders of villages. Such clans enjoyabsolute right of occupancy of the l<strong>and</strong> as well as heritable <strong>and</strong> transferable rights. In theJantia hills, the Government did not recognise private ownership of high l<strong>and</strong>s, butallowed anyone to cultivate them.In the Garo hills, there are two types of l<strong>and</strong> tenure systems. In one category i.e. “akhing”l<strong>and</strong>, the individual families have only temporary right <strong>for</strong> cultivation. In the othercategory, which are basically l<strong>and</strong>s in the plains, permanent cultivation is allowed. Allthese l<strong>and</strong>s are assessed <strong>for</strong> l<strong>and</strong> revenue, the rate of which is fixed either permanently ortemporarily <strong>for</strong> a period.In Mizoram, about 51% of the <strong>for</strong>ests are unclassified <strong>and</strong> 11% of the <strong>for</strong>est area iscontrolled by the District Council. Most of the unclassified <strong>for</strong>ests are owned by theVillage Councils. Parts of these <strong>for</strong>ests are kept as village safety <strong>and</strong> supply reserves <strong>and</strong>in rest of the areas of <strong>for</strong>ests, Jhuming is extensively practised. No systematic survey <strong>and</strong>demarcation has so far been carried out in Mizoram. By <strong>and</strong> large almost the entire <strong>for</strong>estareas have been affected in the past by Jhuming; resulting in clearance of primary treecover <strong>and</strong> .leading to degradation of l<strong>and</strong>, except in the southeastern part of the Lungleidistrict <strong>and</strong> southern parts of Chhimtuipui district. L<strong>and</strong> rights accrue on permanentoccupancy of either agricultural or residential areas, especially in wet rice cultivation,terraced rice cultivation <strong>and</strong> fruit plantation in permanent plots. The Jhumias do not havesuch rights. The jhum l<strong>and</strong>s being property of village community, the ownership of suchl<strong>and</strong> is shared amongst the community. The ownership during the period of cultivation isdecided by a lottery once in a year.150