TODAY -

Ownership and protection of tribal land in Manipur : A review
- Part 2 -

Kachui Timothy Zimik *



Article 371C of the Constitution of India and Hill Areas Committee :

Article 371C of the Constitution of India provides a special provision for the Constitution and functions of Hill Areas Committee (HAC) of the Legislative Assembly of the State of Manipur for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor.

As per Article 371C (2), the Governor is entrusted with the special responsibility to secure the proper functioning of the HAC. This Article envisages the HAC to play a vital role relating to the legislation, the administration and development of the hill areas of Manipur. This Article mandates the HAC to play such key role to protect and safeguard the rights and the interests of the hill people of Manipur.

The main legislative functions of the HAC are: (1) All Bills except Money Bill in respect of scheduled matters shall be referred to the HAC and (2) The HAC has the power to discuss the annual State budget/financial statements in so far as they relate to the hill areas and to recommend Bills to the Assembly for passing them for the development of hill areas.

The Second Schedule of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 lists 13 Scheduled Matters. The HAC is entrusted to exercise its power over these scheduled matters. The list 3 of scheduled matters relates to ‘Allotment, Occupation or use or settling a part of land…’.

The list 2 itself gives the HAC the jurisdiction over the District Councils in the Hill Areas. The District Councils have similar functions relating to land (as the HAC) in their respective jurisdictions.

The study of the function of the HAC and Scheduled Matters provided by the Article 371C of the Constitution shows that the HAC is a powerful body capable of protecting the rights and the interests of the people of the hill areas of Manipur.

If judged by the past performances of the HAC and its Chairpersons, for various reasons, the HAC has been a complete failure to say the least. No one is to be blamed for this miserable failure, but the weakness of the hill people only.

The Protection of Manipur People Bill, 2015 (PMP Bill) : The PMP Bill was unanimously passed by the Manipur Legislative Assembly on 31/08/2015 ostensibly ‘to provide protection, maintenance of socio-economic and cultural balance of the Manipur people and for maintenance of peace and public order in the State of Manipur and regulation of entry into and exit from Manipur for Non-Manipur persons…’.

In Clause (b) of Section 2 of the Bill, "Manipur People" has been defined as ‘persons of Manipur whose name are in the National Register of Citizens, 1951, Census Report 1951 and Village Directory of 1951 and their descendants who have contributed to the collective social, cultural and economic life of Manipur’.

If the language used in this definition is strictly interpreted, no single person in Manipur will qualify to be ‘Manipur People’. To qualify to be Manipur people, the person’s name must be registered in all the above three records/registers. And the descendants of such Manipur people would qualify to be Manipur people only if they have contributed to the collective social, cultural and economic life of Manipur.

By this very definition, all the children of certain age of such Manipur people would be automatically disqualified because, at this young age, these children could not have contributed to the collective social, cultural and economic life of Manipur.

Above all, who will be the authority to certify in each case regarding the contribution made to the collective social, cultural and economic life of Manipur for qualification to be Manipur people ?

Even if we apply the above three registers to the Imphal valley people and the hill people separately, most of the hill people will be automatically excluded from being considered as Manipur people because the Census Report 1951/Village Directory of 1951 had not recorded the entire population of the hill areas. When the HAC and the people’s representatives (MLAs) failed to protect the interests of the hill people, the people of hill areas resisted the Bill.

The Manipur Land Revenue and Land Reforms (7th Amendment) BILL, 2015 : The Manipur Legislative Assembly had also unanimously passed ‘The Manipur Land Revenue and Land Reforms (7th Amendment) Bill, 2015 on 31/08/2015. This Bill seeks to insert new sections 14A and 14B after section 14 of the Principal MLR and LR Act of 1960.

The new section 14A (1) reads as follows: "Notwithstanding anything contained in this Act, Non-Manipur persons, firms, institutions or any other similar entities who intend to purchase any land in the State of Manipur shall submit an application to the Deputy Commissioner of the district concerned where the land to be purchased is situated for obtaining the prior approval of the State Government before such purchase is made by him."

A simple reading of this new section shows that this section will be applicable to the entire State of Manipur, whereas the Principal MLR and LR Act, 1960 does not extend to the hill areas.

But the term ‘notwithstanding anything contained in this Act’ means that this new section 14A over-rides other provisions of the Act and as such, it extends to the whole State of Manipur. Thus, the legal protection of not permitting the transfer of tribal land to non-tribal people provided in Paragraph 158 of the MLR and LR Act will be taken away in this manner.

This new section 14A is apparently intended to be the tool for the acquisition of tribal lands particularly for exploiting minerals deposited therein. Thus, this new section 14A extending to the hill areas will seriously affect the tribal lands.

Therefore, the hill people have rejected this Bill also.


The views expressed in this article are his personal views, and not the Government of India.

Concluded....




* Kachui Timothy Zimik, IRS, wrote this article for The Sangai Express
The writer is the Principal Commissioner of Income Tax.
This article was webcasted on February 18 2021.



* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Bongbal Kholen, Kpi District #1: Gallery
  • COVID-19 Status 28 Feb : Govt of Manipur
  • Totem of natives of North East India #1
  • 5 days with Bhaktisvarupa Damodara Swami
  • National Science Day 2021 at Lilong
  • Themes & objectives in National Science Day
  • More teeth to war against drugs
  • Mayang Imphal Keithel #2: Gallery
  • COVID-19 Status 27 Feb : Govt of Manipur
  • Manipur COVID Vaccination Report : 26 Feb
  • March Calendar for Year 2021 : Tools
  • Road from Imphal to Yangkhullen #2: Gallery
  • Best Panel Lawyer, Best DLSA in Manipur
  • Sustainable Agriculture: Key to Food Security
  • Film : Is it a medium or an art form? #1
  • COVID-19 Status 26 Feb : Govt of Manipur
  • Buyer Seller Meet @ Hotel Imphal: Gallery
  • Job @ Makok Technologies, Keinou
  • Should Meetei belong to Minority or ST #2
  • Colour your hair, limit the damage
  • Medical camp at Lamlaba Village, Tamenglong
  • Japan Lan: Life In Kangla Sangomshang
  • COVID-19 Status 25 Feb : Govt of Manipur
  • AMWJU Meeting : Resolutions [Feb 25]
  • Positions @ KIIT-Tech Business Incubator
  • 'Seeding Gampreneurs' transforming villages
  • Orchidarium at IBSD Shillong is reopened
  • Cracking down on 'errant' teachers
  • Chadong Village/Chadong Lake #1: Gallery
  • COVID-19 Status 24 Feb : Govt of Manipur
  • Shanring, Themkhoneng, Chao Len: eMing
  • Folktales of Mao Maram & Poumai : Gallery
  • Guwahati Session : World Meetei Convention
  • COVID-19 : Impact in Manipur :: News Timeline
  • HIV science has advanced but ...
  • I will rise :: Poem
  • Not the time to let the guards down
  • Journalism is not everybody's cup of tea
  • Foot bridges in Imphal #2 : Gallery
  • COVID-19 Status 23 Feb : Govt of Manipur
  • AIFF recognised Andro Girls Team : Gallery
  • Relief @ Songlung, Kangpokpi : Gallery
  • Lecture on medicinal plants at IBSD
  • Jobs @ Neopath Technologies, Imphal
  • Students on the protest path
  • Ignoring the core issues
  • My memories of Imphal from 1941 #18
  • COVID-19 Status 22 Feb : Govt of Manipur
  • Implementation: Climate Change : Gallery
  • KAPU Meet: Tribute to Late Benny Khongsai
  • Career options in beauty industry
  • Meet on capacity building on energy efficiency
  • Need to establish cause of death
  • Don't break the bone
  • Shirui Lily Festival 2019 #2 : Gallery
  • COVID-19 Status 21 Feb : Govt of Manipur
  • Nakamh-Riangsuanneic - Folklore Film Fest
  • Should Meetei belong to Minority or ST #1
  • Aspergilloma of lung
  • From wetlands to dry lands
  • Ipudhou Pakhangba Puruksoubi #2 : Gallery
  • COVID-19 Status 20 Feb : Govt of Manipur
  • Sit-in-protest against bomb threat : Gallery
  • Young Generation and Modernization
  • The Mansion :: Poem
  • Netaji's DNA & INA Moirang
  • Demonstration demanding to cut Price Hike
  • 'Condemn hurling grenade at Governor'
  • Fulfilling the long cherish dream
  • Churachandpur Profile
  • Eyek Tamba :: Learn the Manipuri script
  • COVID-19 Status 19 Feb : Govt of Manipur
  • Paoyi villagers with CM : Gallery
  • Predicament of Journalists & Media Houses
  • A day of stardom for Thoiba Singh at Seoul
  • Lay off hands on the media
  • Smiles of the Emas
  • Cherry Blossom at Mao #2 : Gallery
  • COVID-19 Status 18 Feb : Govt of Manipur
  • Basak: A dying art form
  • World War II, INA & Manipuri Literature #2
  • Meeting of AMWJU : Resolutions [Feb 18]
  • CM & Governor urged to cut down price hike
  • Union Minister for Social Justice meet CM
  • Seram Neken joins Congress party
  • Snowfall at Shirui, Ukhrul #2 : Gallery
  • COVID-19 Status 17 Feb : Govt of Manipur
  • Meitei-Pong Relations & Conquest of Khampat
  • Dying of Yongchak: declare National Disaster
  • Protection of tribal land in Manipur #2
  • Is policing pandemics different... ?
  • Home remedies for winter hair problems
  • Facets of human trafficking in Manipur
  • COVID-19 Status 16 Feb : Govt of Manipur
  • Road from Imphal to Yangkhullen #1: Gallery
  • Understand prerequisits for ST tag
  • When all goes wrong
  • Centre Head @ JCRE School of Hospitality
  • Khamba Thoibi Jagoi #2 : Gallery
  • COVID-19 Status 15 Feb : Govt of Manipur
  • Re-Opening of Ima Keithel : Gallery
  • Emergency Meeting AMWJU: Resolutions
  • ICERME-2021: Intl Conference on SDG-7
  • Law in Motion : Basics of Law
  • Discussion on Koubru Chinggoirol #2
  • COVID-19 Status 14 Feb : Govt of Manipur
  • COVID-19 Status 13 Feb : Govt of Manipur
  • Lui-Ngai-Ni - Naga Seed Sowing Festival
  • Wung-Hao of Tangkhul & Chinese Counterpart
  • World War II, INA & Manipuri Literature #1
  • 3rd Jump Rope Championship : Result
  • My memories of Imphal from 1941 #17
  • Book: Manipur-Myanmar connections: Gallery
  • Mushroom training at Tentha Heibung
  • Workshop on GeoGebra at IISER Bhopal
  • Indian Women & Maths annual conference
  • Walking through final lap of my life :: Poem
  • Can BJP strategy win in Tamil Nadu ?
  • Granting minority status to Meitei
  • Snowfall at Shirui, Ukhrul #1 : Gallery
  • Shanti Thokchom's Life Experiences #44
  • Inspection at Kangla & Cheiraoching : Gallery
  • Protection of tribal land in Manipur #1
  • Oxford and Aatmanirbharta
  • Education in Mother Tongue will strengthen
  • Impressive shows from young MLAs
  • If it is for the people...
  • Ipudhou Pakhangba Puruksoubi #1 : Gallery
  • COVID-19 Status 11 Feb : Govt of Manipur
  • Relief at Yangkhullen, Senapati: Gallery
  • Restored Wetland : Yaralpat
  • Appeal: WG to monitor crime against women
  • Distress Relief at Yangkhullen, Senapati
  • Sensitization on constitutional obligation
  • ST demand for the Meiteis
  • Democratisation of Education
  • Licypriya in 'Forbes 30 Under 30' List 2021
  • COVID-19 Status 10 Feb : Govt of Manipur
  • Sushila, Indubala selected for Asian Judo
  • RIST Talk 48 : Microplastic is everywhere
  • Productivity revolution of farmers in Manipur
  • NEC Secretary meeting with CM Manipur
  • Valentine's Day beauty tips
  • College teachers on strike!
  • Are you fooling people of Manipur Mr FM
  • RK Jhalajit's contribution in historiography
  • COVID-19 Status 09 Feb : Govt of Manipur
  • Keibul Lamjao: today in deplorable state
  • Nadda's hailing 'War On Drugs' Campaign
  • Sachi Gurumayum called on CM
  • She really can be trusted for fiscal prudence
  • Child Marriage: Stigma for a civilized society
  • Fate of hostellers
  • Ema Gi Wari by Imphal Talkies : Review
  • COVID-19 Status 08 Feb : Govt of Manipur
  • Projects Inauguration - Tamenglong: Gallery
  • Budget: Perspective on Gender Budget
  • NPF meeting with NSCN (K-Niki)
  • Mushroom training program at Nagamapal
  • Solace me, chap ! :: Poem
  • Active cases below 3 figure mark
  • Mother Nature is still unhappy
  • Discussion on Koubru Chinggoirol #1
  • COVID-19 Status 07 Feb : Govt of Manipur
  • Packaged Organic Product launch : Gallery
  • Naga American announces Scholarship
  • Prize distribution for 9th MANIFA held
  • Range of options to prevent HIV is key
  • Paoyi village setting an example
  • Churachand Maharajgi Imung : Gallery
  • COVID-19 Status 06 Feb : Govt of Manipur
  • Churachand Maharajgi Imung published
  • Grab the given opportunities
  • A poet :: Poem
  • Supports farmers' movement call
  • Gaan-Ngai @ Iboyaima Shanglen #3 : Gallery
  • COVID-19 Status 05 Feb : Govt of Manipur
  • Financing burden of lifestyle diseases in NE
  • A budget that lays foundation for growth
  • Sports & Physical Fitness as career choice
  • Volunteers' Meet at Irong Bazar
  • Limping towards the New Normal
  • Is India prepared for Chinese aggression?
  • Re-openning of schools #2 : Gallery
  • COVID-19 Status 04 Feb : Govt of Manipur
  • Is Compulsive Shopping a Mental Disorder ?
  • Ex-Tempore Competition at Lilong
  • My hundred deaths :: Poem
  • Fragile - Handle with care !
  • Stand off over taxi, auto fares
  • Restructuring the society without disparities
  • My memories of Imphal from 1941 #16
  • The ring has finally arrived!
  • Study of growing traffic congestion in Imphal
  • World Wetlands Day 2021
  • Bringing Equality for Women in Armed Forces
  • Ima Keithels: Closed since March 21
  • Imoinu Erat Thouni @ Imphal #2 : Gallery
  • COVID-19 Status 02 Feb : Govt of Manipur
  • Understanding panic disorder
  • Life, It is ! :: Poem
  • A pinch of blessing with a tonne of a curse
  • COVID-19 combine to clobber MSME sector
  • Single digit spike of just 4 in last 24 hrs
  • Impact in India after coup in Myanmar
  • Remembering Kuki singer Benny Khongsai
  • Was Netaji really in Manipur ?
  • Environmental impacts of COVID-19 pandemic
  • Memo to CM concerning transportation
  • Fertilization in cultivation of broccoli
  • Need to stop meddling with nature
  • Learning to live with changing time
  • Gaan-Ngai @ Iboyaima Shanglen #2 : Gallery
  • COVID-19 Status 31 Jan : Govt of Manipur
  • Helicopter Service in Manipur
  • Pray for 2021 to be peaceful
  • Dwell in me - Oh ! human :: Poem
  • Adverse impact of rampant use of plastic
  • Studying prospects ahead of 2022
  • Re-openning of schools #1 : Gallery
  • Edu'treat 2021 in Ukhrul concluded
  • Coward cold :: Poem
  • Raison D'Etre of Takhel Khong, Bamon Leikai
  • Covishield : An account of post-vaccination
  • Beautiful Mother-to-be
  • The shattered NSU
  • Exhibition @ Fine Arts, MU #1 : Gallery
  • COVID-19 Status 29 Jan : Govt of Manipur
  • Inauguration of Projects at Kamjong : Gallery
  • Changing Environment during pandemic
  • Legal Services Camp at Kakyai Langpok
  • COVID-19 vaccines : Facts & fiction
  • Training on planting material of ginger
  • Quiz Competition : 'Youth against Drugs'
  • Chicken neck syndrome : Idea of North East
  • Reviving Meitei Mayek a blessing but....
  • My memories of Imphal from 1941 #15
  • COVID-19 Status 28 Jan : Govt of Manipur
  • Licypriya Kangujam : 'Water Heroes Award'
  • International Custom's Day celebrated
  • Our room of three years :: Poem
  • Mushroom training at Moirang Kampu
  • Covaxin & Covishield: Centre instruction
  • State govt should not miss it
  • 72nd Republic Day @ Kangla : Gallery
  • COVID-19 Status 27 Jan : Govt of Manipur
  • Manipur Mischief : Book by William Wright
  • Gaan-Ngai @ Iboyaima Shanglen #1 : Gallery
  • Life & culture in North East India :: Book Rvw
  • Imoinu Erat Thouni @ Imphal #1 : Gallery
  • Food items @ Waithou Keithel #2 : Gallery
  • Narcotic Drugs disposal @Lamlai #2 : Gallery
  • Prison Diary of Lamyanba NK Sanajaoba
  • Nine Hills, One Valley : Special Film award
  • Naga Peace Process :: News Timeline
  • COVID-19 vaccination [Jan 16] #2 : Gallery
  • COVID-19 vaccination [Jan 16] #1 : Gallery
  • Day light Thabal Chongba #3 : Gallery
  • Imphal on eve of New Year 2021 #2 : Gallery
  • Downloadable Manipuri Calendar :: 2021
  • Featured Front Page Photo 2020 #6: Gallery
  • Romita Yumnam is Mrs Jhansi 2020 : Gallery
  • Sory Wahengbam - Actress Gallery :: eRang
  • 'Zehara' - Manipuri Movie :: eRang Classic
  • SPONSORED ADS