Ka Regulation No.5 of 1952

H.S.Shylla
Quote “No. TAD./R/35/51 – The following Regulation made by the Governor of Assam, under clause (b) of sub-paragraph (1) of paragraph 19 of the Sixth Schedule to the Constitution of India, and assented to by the President of India, is published for general information :- REGULATION NO. 5 OF 1952

THE UNITED KHASI-JAINTIA HILLS DISTRICT (APPLICATION OF LAWS) REGULATION, 1952 WHEREAS it is expedient to bring certain enactments into force in certain areas of the United Khasi-Jaintia Hills District known as the Khasi States immediately before the commencement of the Constitution of India: Now, therefore in exercise of the powers conferred by clause (b) of sub-paragraph (1) of paragraph 19 of the Sixth Schedule to the Constitution, the Governor of Assam is pleased to make the following Regulation :- 1. Short title and commencement – (1) This Regulation may be called the United Khasi-Jaintia Hills District (Application of Laws) Regulation, 1952. 2. Application of laws to United Khasi-Jaintia Hills District – The Governor of Assam may, by notification in the Official Gazette, direct that any of the laws specified in the Schedule annexed to this Regulation, as amended up-to-date, shall extend to, and have effect, in so much areas of the United Khasi-Jaintia Hills District which were known as the Khasi States immediately before the commencement of the Constitution of India, or part thereof, hereinafter referred to as “the said areas”, and for this purpose different areas and different dates may be specified for different laws: Provided that such laws in their application to the said areas shall be subject to the same exceptions or modifications as they are subject to in the rest of the areas of the said United Khasi-Jaintia Hills District. 3. Removal of difficulty – If any difficulty arises in relation to the operation of the laws mentioned in section 2, the Governor may, by order notified in the Official Gazette, make such provision as he may consider necessary for the removal of such difficulty. I have made this Regulation under clause (b) of sub-paragraph (1) of paragraph 19 of the Sixth Sche-dule to the Constitution of India.
Shillong: The 22nd April, 1952 Jairamdas Doulatram, Governor of Assam New Delhi: The 3rd May, 1952 I assent to the Regulation. Rajendra Prasad, President of India.” Unquote
Kumta kane ka Regulation No. 5 of 1952 haneng ka dei ka Ain kaba khlain bor kat haduh ban pynduh (repeal) ne pynkylla (amend) ia ka Ain jong ka Parliament ne jong ka Legislative Assembly ne kano kano ka ain. Kane ka Regulation ka kynthup ha ka ia ki 225 tylli ki Ain; kiba kham paw na kita, ki dei ka Indian Christian Marriage Act, 1872, ka Eastern Bengal and Assam Excise Act, 1910 bad ka Bengal Eastern Frontier Regulation, 1873 (ILP). Kane ka Regulation ka dei tang na ka bynta ka United Khasi-Jaintia Hills Autonomous District Coucnil kaba mut (KHADC bad JHADC) bad ka dei ka Regulation ba-la-shah tian-bishar ha ka Hon’ble High Court bad Hon’ble Supreme Court bad ioh ia ka jingpynskhem ba ka biang na khlieh ha kjat bad ba ka dang treikam bad iai treikam (continue to operate). Ka da pynskhem ia ka Notification dt. 8 September, 1961 ba pynmih u Governor ka Assam mynba u pyntreikam ia ka Eastern Bengal and Assam Excise Act, 1910 ha baroh kawei ka UKJHADC, kumjuh ruh, ka dei ia ngi baroh (MPs, MLAs, MDCs, Political Parties, Seng Bhalang, bad ki paidbah) ban dawa ia u Governor ka Jylla Meghalaya, ba u dei ban pynmih noh ia ka Notification ban long ka jingpynbna ba la pyntreikam ia ka Bengal Eastern Frontier Regulation, 1873 (ILP) ha ki jaka ka KHADC bad JHADC.
SCHEDULE LAWS EXTENDED (See Section 2)
Year Number Short Title I. REGULATIONS 1873 V … The Bengal Eastern Frontier Regulation, 1873 II. ACTS (a) CENTRAL 1872 XV … The Indian Christian Marriage Act, 1872 (b) STATE 1910 … The Eastern Bengal and Assam Excise Act, 1910 R.V.Subrahnenian, Secy. to the Govt. Assam, Tribal Areas Development Department.
SUPREME COURT OF INDIA The State of Meghalaya And Ors. Vs Ka Byrhien Kurkalang And Ors. on 23 November, 1971 Equivalent citations: AIR 1972 SC 223, (1972) 1 SCC 148, 1972 2 SCR 506, 1972 (4) UJ 262 SC Author : J Shelat; Bench : S Sikri, ID Shelat, G Mitter. JUDGMENT J.M. Shelat, J. 1. These appeals, under certificates, arise out of the writ petitions filed by the respondents in the High Court of Assam and Nagaland, challenging the validity of the United Khasi-Jaintia Hills District (Application of Laws) Regulation V of 1952 promulgated by the Governor of Assam under paragraph 19 (1) (b) of the Sixth Schedule to the Constitution, the notification dated September 8, 1961, issued thereunder extending thereby the Eastern Bengal and Assam Excise Act, 1910 to the United Khasi-Jaintia Hills District .. The appeals, thus, raise the questionof interpretation of paragraph 19 (1) (b) and the scope and extent of the power of the Governor thereunder.

1. Prima facie, the Regulation was a conditional legislation, the legislative authority, namely, the Governor having by the Regulation itself selected the laws which he wanted to be applied and having left only the time when and the area in which they or any one of them should be brought into force .. The power of the Governor to legislate ended when the District Council was constituted. But the power conferred thereunder on the Governor to bring into force the laws set out in the Schedule continued and would continued so long as the Regulation remained in the statute book. That being the position, the notification, dated September 8, 1961, though issued after the power under paragraph 19 (1) (b) had ceased, was validly made as the power to issue such notification under the Regulation did not lapsed since the Regulation itself continued to operate.
   Kito ki bym lah ban pule bad sngewthuh ia katei ka Rai jong ka Supreme Court badonburom sngewbha ban wad ia kiba nang bad lah ban pule ha ki jaka ba phi sah phi shong, namar kam ngiam jaka shuh hangne ban pynkylla sha ka Ktien Khasi. Hynrei ia ka jingbatai lyngkot la batai ha khmat duh; ialeh shitom ban tip bad sngewthuh ia kane ka Regulation No. 5 jong ka snem 1952 bad ia katei ka Rai jong ka Supreme Court ba phin tip ba la dep ai ia ka Ain ILP (Bengal Eastern Frontier Regulation 1973) ha ngi da u Governor bad u President ka India naduh ka 3 tarik May, 1952 da ka lynti kaba thikna. Ka jingleit pan ILP thymmai na Delhi na ka bynta ka KHADC bad JHADC ka long tang ka jingshukor ia u paidbah bym tip ia kane ka jingshisha; kaba hap leit Delhi ka dei tang ia ka GHADC. Lah hi da ka ILP jong ka Regulation No. 5 of 1952 ban ia ka MRSSA, 2016. Ki paidbah ki dei ban tip ia kane ka jingshisha, bad ia ka Regulation No. 5 of 1952 ngin ym shah ban kin pynduh. IENG TYLLI KAWEI HALOR KANE KA JINGSHISHA. Khublei.