IMPHAL, September 15: The Co-ordinating Committee, ATSUM has stated that a critique on the three Bills has been submitted to all tribal MLAs justifying as to why they should step down from their respective seat of the Manipur Legislative Assembly on or before September 30.
ATSUM`™s critique said the Co-ordinating Committee of ATSUM feels pertinent to give out a critique on the three controversial Bills which were adopted by the Manipur Legislative Assembly unopposed by any political party on August 31.
It said that, the Manipur Legislative Assembly has committed a grave constitutional blunder intentionally as it did not follow the mandatory rules of procedures and conduct of Business under section 4 Clause 1 and 2 which reads as (1) `All Scheduled matters in so far as they relate to the Hill Areas shall be with the purview of the Hills Areas Committee.
`It is crystal clear beyond any shadow of doubt that the claim by the GoM that Protection of Manipur People Bill is a money bill is untenable as per law and absolutely misleading to the people because money bill relates to imposition of taxes and expenditure likely to involve transaction affecting the consolidated Fund of the Union or the State.
Moreover, the spirit of the bill has its social security objectives. Hence, the Bills fail to fulfil the Criteria of a money bill, it said.
It is worth mentioned that rules of procedures and conduct of Business had been deliberately violated as the three Bills were neither debated nor referred to the HAC before introduction and passing of the said bills, it said.
Section 2 of the The Protection of Manipur People Bill 2015 reads `It shall extend to the whole of Manipur` means the entire geographical area including of Hill Areas. Therefore, the sentence should be changed to: It shall extend only to the four valley districts of Manipur (subject of the HAC).
Regarding the controversial definition of the `Manipur People`™ and the undefined meaning of native people in the Bill under section 2 Sub Clause (b) and with reference to the base year i.e. the National Registry of Citizens 1951, Census Report 1951 and Village Directory of 1951 are the three requisite criteria that qualifies one to be Manipur people, it said.
Based on this parameter, 80% of the villages in the Hill areas would be rendered unofficial and liable to the de-recognised by the government.
The phrase `one of the Small Hill States` appeared in the first line of objects and reasons is highly objectionable because Manipur is not a Hill state. It is a ploy to change Manipur to a Hill state so as to make the Meiteis eligible to be included in the list of scheduled tribe of India, it said.
The Manipur Land Revenue and Land Reforms 7th Amendment Bill 2015 14 A (1) which reads `Notwithstanding anything contained in this Act……………….Manipur` is a Non Obstante Clause which in fact is a legislative device for enabling to give effect inspite of the bar provided by the provision of statute.
Moreover, the terms `any land in the state of Manipur`™ in the same section implies that the Manipur Land Revenue and Land Reforms Act(MLR & LR) shall be extended in the Hills Areas of Manipur apart from the proviso to sub section of Section 1 as per Manipur Land Revenue and Land Reforms Act No. 13 of 1976 published in Manipur Gazette dated 24-5-1976 wherein large pockets of plain areas of Churachandpur, Ukhrul, Senapati, Sadar Hills and Tamenglong districts had been the accumulated by the GoM by means of systematic encroachment of tribal lands in the name of development.
It said Section 14 B pages 3 of the Bill which empowers the state cabinet to approve purchase of any land in the state is a complete disregard to the HAC because the HAC is the sole authority in matters pertaining to Hill Areas. Therefore, the cabinet has nothing to do with allotment of land.
`Whereas under Section 158 land belonging to a scheduled tribe in the valley Areas cannot be sold to a non-scheduled tribe without the prior consent of the Deputy Commissioner concerned…….`. here we notice insertion of the word `valley areas` under section 158 which was not there in the principal Act 1960, it said.
The Manipur Shops and establishment(2nd Amendment) Bill 2015 attracts social and customs, which is enshrined in the Schedule matters, clause (12) under the Second Scheduled of the Hill Areas Committee order, 1972 because Shops and Establishment shall be established not only in the valley areas but also in the Hill Areas as well and yet the Bill was passed without referring to the HAC for consideration which is against the Rules of procedure and conduct of business in Manipur Legislative Assembly, it said.
`As the Co-ordinating Committee ATSUM is relentlessly putting efforts to subside the situations, Support and co-operations from the legislators is expected. We reiterate our appeal to step down from one`™s respective seats to pave way for restoration of peace and order in the Hill Districts. Considering the fluid situation in the Hill districts, we feel constrained to ask once and for all to the tribal legislators to put in their resignation paper before 30th September 2015. We are hopeful that this appeal will be honoured or any incident that occurs after the expiry of the stipulated time will be the sole responsibility of the Legislators,` it demanded.
Read more / Original news source: http://kanglaonline.com/2015/09/govts-claim-of-pmp-bill-being-money-bill-misleading-atsum/