Fears, uncertainties abound over Assam Ordinance in absence of any agricultural policy

By Jhumur Deb

July 13, 2020

New Delhi: Assam surprisingly does not have any agricultural policy demarcating agriculture land from industrial zones, and that has been the main reason for strong opposition to an ordinance passed by the Assam government recently to speed up the industrialization process in the state.

There are fears that the proposed new law will take land rights of indigenous people of the state.

Though the government has said the ordinance would not bypass any of the existing land laws of the state, and has ince then modfied the provisions of the ordinance, doubts and uncertainties still remain.

“In a historic and far reaching decision to ease out the process of setting up industries in Assam, the state Cabinet has approved an ordinance today. Now anyone will be able to set up industry in Assam just by submitting one self-declaration. No permission, clearance or licence will be required for three years. Land will also be deemed converted for industrial purpose. Such bold and advantageous change is expected to accelerate the industrialisation process in Assam,” said Mr Chandramohan Patowary, Assam Industries Minister in his Facebook post moments after passing the ordinance on June 29.

Days after the announcement of the proposed ordinance, it ran into protests from the opposition and civil society, leading the state government to clarify that it neither dealt with sale or purchase of land nor affected “the land rights of indigenous people” and pre-existing land laws.

But since then there have been many flip flops on the exact wordings of the ordinance which is still awaiting governor’s assent.

On July 2, Mr Patowary said the MSME ordinance approved by Assam Cabinet is only for Micro, Small & Medium Enterprises, not for Large Industries. This will largely help Local Entrepreneurs. This ordinance will not be applicable for hazardous industries and no industries will be allowed in Eco Sensitive Zones.

On July 10, he said,“Earlier, there was a provision that after getting the Acknowledgement Certificate [based on the self-declaration], agricultural land could be deemed converted for non-agriculture purposes to set up an industry. But now, that changes.”

He added that such an exemption will not be given as far as land was concerned. “The business enterprises will have to take all the permission, clearance and approval related to land before starting any industry. For all other purposes, the Acknowledgement Certificate will work, but not for the land. For that a separate permission, which will be decided on all relevant land laws of the state, needs to be taken,” Patowary said.

Moreover, another provision has been inserted into the ordinance that would not allow any enterprise to use land falling in restricted categories like public grazing reserve, village grazing reserve, wetland, heritage historical, archaeological sites and land of religious institutions, and land under tribal belts and blocks and in deviation of land use specified in the ‘master plan’ wherever such plan is in existence.

The influential All Assam Students Union (AASU) alleged that the government taking advantage of the COVID 19 situation through a backdoor tried to snatch away the land rights of indigenous people of the state.

“Instead of seeking investments to develop the farm economy of the local people, the state government is favouring industrialists who have very limited regard for the indigenous people, the local land and the environment,” AASU general secretary Lurinjyoti Gogoi said.

He said that the proposed ordinance, which awaits Assam Governor Jagdish Mukhi”s assent, would overrule all prevailing laws and violate the implementation of the Clause 6 of the Assam Accord, which gave constitutional safeguards to the genuine natives of the state.

AASU adviser-in-chief Samujjal Bhattacharya said that they were examining the provisions of the modified ordinanace very critically and would not be satisfied unless 100 per cent sure that the new law would not in any encroach on the rights of the indigenous people.

Rajya Sabha member from the state Ajit Bhuyan, who was in the forefront of anti CAA movement in the state said that the MSME ordinance if approved would be the second blow to the people of Assam after CAA.

In the absence of any agricultural policy critics fear that passing the ordinance will effectively suspend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013, the Forest Rights Act of 2006.

–India News Stream