Shillong, October 16: The Khun Hynñiewtrep National Awakening Movement (KHNAM) has demanded the cancellation of 44 trading licences issued by the Khasi Hills Autonomous District Council (KHADC) to non-tribal individuals and firms operating businesses in partnership with indigenous tribals, alleging violations of legal requirements governing partnership firms.
In a letter dated October 15, addressed to the Chief Executive Member and the Executive Member in charge of Trade of the KHADC, KHNAM Working President Thomas Passah alleged that the licences were issued without the necessary registration certificates required under the relevant laws.
Passah recalled that during a KHADC session around seven months ago, the Council had disclosed that a trading licence was issued to one Mr Bawri to operate a public parking facility after he agreed to run the business in partnership with an indigenous tribal.
Following the disclosure, KHNAM filed an application under the Right to Information (RTI) Act seeking details of trading licences issued to non-tribal individuals and firms operating in partnership with indigenous tribals.
According to Passah, the KHADC subsequently provided copies of 44 such trading licences. KHNAM maintained that partnership businesses must comply with the applicable provisions of the Indian Partnership Act, 1932, the Companies Act, 1956, and the Limited Liability Partnership Act, 2008, including proper documentation of the names of all partners. The organisation said it subsequently sought certified copies of the registration certificates of firms that had obtained trading licences through such partnership arrangements.
However, Passah claimed that the RTI response revealed that none of the 44 firms possessed the registration certificates sought by the organisation, raising questions about the legitimacy of the partnerships.
KHNAM further alleged that an examination of the trading licences showed that indigenous tribal partners were receiving only minimal shares of the profits. The organisation expressed suspicion that the names of indigenous tribals were being used merely to obtain trading licences for businesses effectively controlled and operated by non-tribal individuals.
It alleged that the firms had submitted only affidavits or undertakings declaring partnerships between tribal and non-tribal individuals without formally registering the tribal partners in accordance with the applicable legal provisions.
Referring to the Meghalaya (Benami Transactions Prohibition) Act, 1985, KHNAM claimed that such arrangements could attract scrutiny under Section 3 of the Act. In view of these alleged irregularities, the organisation urged the KHADC to immediately cancel all 44 trading licences and prevent the licence holders from continuing their business activities under the disputed arrangements.
KHNAM also warned that failure by the Council to take corrective measures would compel the organisation to lodge a complaint before the competent authority under Section 4(a) of the Meghalaya (Benami Transactions Prohibition) Act, 1985.
