MSME Ordinance not anti-indigenous: Minister Chandra Mohan Patowary

STAFF REPORTER

GUWAHATI: Industries & Commerce Minister Chandra Mohan Patowary on Friday asserted that the 'Assam Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Ordinance, 2020' would not affect the land rights of indigenous people of the State.

Patowary's assertion came after the State Government faced criticism and ire from various quarters for bringing the MSME Ordinance. Influential organizations – the All Assam Students' Union (AASU) and Asom Jatiyatababi Yuba Chatra Parishad – have demanded immediate withdrawal of the Ordinance as it is fundamentally anti-indigenous.

"This Ordinance will not affect the land rights of the indigenous people of Assam as protected by the Assam Agricultural Land (Regulation of Reclassifications and Transfer for Non-Agricultural Purpose) Act, 2015. This Ordinance does not affect the restrictions on sale or transfer of agricultural land for non-agricultural purpose as protected under the aforesaid Act. This Ordinance does not allow any person to buy or sell any agricultural land for non-agricultural purpose. The bar of agricultural land used or transferred for non-agricultural purpose as provided under the aforesaid Act shall remain as it is, and this Ordinance will not affect it at all. In other words, agricultural land will remain with agriculturalists only," Patowary said.

The Minister said the Ordinance will also not entitle a person to use the land falling in restricted categories – Public Grazing Reserve (PGR), Village Grazing Reserve (VGR), Wetlands, Eco-Sensitive Zones, Heritage, Historical, Archeological Sites and land settled, allotted or reserved for Religious Institutions like Xatras, Namghars, Temples, Wakfs, land under Tribal Belts and Blocks etc.

According to Patowary, the Section 4 of Assam Agricultural Land (Regulation of Reclassifications and Transfer for Non-Agricultural Purpose) Act 2015 stipulates that land not fit for agriculture purpose or where agriculture activities have not been taken place for the last 10 years, such land could be used for MSME activities by the patta holders. He said medium MSME activities could be started for an investment of Rs 50 crore, small MSME activities for Rs 10 crore and micro MSME activities for Rs 1 crore.

"The provision of the Ordinance approved by the Cabinet will be applicable to Micro, Small and Medium Enterprises only. This will not be applicable for large industries where the investment in the industry is more than Rs. 50 crore," he said.

Patowary said the Ordinance does not deal with sale or purchase of any type of land. It does not allow any person to buy or sell any agricultural land for non-agricultural purpose. He asserted that any apprehension that an entrepreneur under the provisions of this Ordinance will buy agricultural land for non-agricultural purpose is totally unfounded.

"The Ordinance simply provides that if only genuine owner of the agricultural land intends to set up an MSME unit, his agricultural land which is eligible and capable of reclassification as per the provisions of Assam Agricultural Land (Regulation of Reclassifications and Transfer for Non-Agricultural Purpose) Act 2015 will be deemed to be non-agricultural land only for three years," the Minister said.

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