TODAY -

The Regulation of Non-Manipur Peoples' Bill, 2016
- Proposed by JCILPS on August 31 2016

JCILPS *



Joint Committee on Inner Line Permit System (JCILPS) has submitted an alternative draft Bill in lieu of 'Manipur Regulation of Non-Local People Bill, 2016', recently made public by Manipur Govt, for consideration by the stakeholders of the State and introduction in the forthcoming Assembly session. As requested by JCILPS, The Sangai Express is reproducing the same for wide contemplation.

A Bill to regulate the movement, stay and practice of trade and business by Non-Manipur Peoples for the advancement and welfare of the general public socially, economically, culturally, educationally, for public safely and public health without affecting its indigenous character and identity, for fostering harmonious inter community relationship in the state of Manipur, for matters connected therewith or incidental thereto.

BE it enacted by the Legislature of Manipur in the sixty-seventh year of Republic of India as follows:
1. (1) This Act may be called the Regulation of Non-Manipur Peoples' Act, 2016.
(2) It shall extend to the whole of the State of Manipur.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint, with retrospective effect.

DEFINITION :

2. In this Act, unless the context otherwise requires :
(a) Deputy Commissioner of a District includes Additional District Commissioner appointed by the State Government.
(b) Area means the whole territory of Manipur.
(c) "Manipur People" means the people who belongs to the following communities of Manipur, who had been nurtured in the ecological, economic, cultural and social environment of the state of Manipur:
1. Aimol 2. Anal 3. Angami 4. Any Kuki Tribes 5. Any Mizo (Lushai) tribes 6. Chiru 7. Chothe 8. Gangte 9. Hmar 10. Kabui, Inpui, Rongmei 11. Kacha Naga, Liangmei, Zeme 12. Kharam 13. Koirao, Thangal 14. Koireng 15. Kom 16. Lamkang 17. Mao 18. Maram 19. Maring 20. Mate 21. Monsang 22. Moyon 23. Paite 24. Poumai 25. Purum 26. Ralte 27. Sema 28. Simte 29. Suhte 30. Tangkhul 31. Tarao 32. Thadou 33. Vaiphei 34. Zou 35. Meetei/Meitei 36. Meitei Pangal

(d) "Non-Manipur People" mean people who do not belong to the communities covered by Clause (c) of Section 2.
(e) "Owner" means a person who owns land, building, hotel, motel or any other property in the State and a Power of attorney holder or a person duly authorized to be in-charge of the same.
(f) "Pass" means an authorized document issued by the concerned authority under this Act.
(g) "Tenant" means Non-Manipur People by whom or on whose account rent or hiring charge is payable for temporary use and occupation of a premises or other property and their definition shall confine to this Act only.
(h) "State" means the state of Manipur.
(i) "State Government" means the State Government of Manipur.
(j) "Concerned Authority" means as defined in chapter-l.

CHAPTER 1
"AUTHORITY FOR ISSUE OF PASS"

3 (1) REGULAR PASS: The Deputy Commissioner of a District or any other concerned subordinate officer authorized by him/her on his/her behalf shall, if he/she is satisfied that the Non-Manipur People is a bonafide citizen of India, may issue a Pass to the Non-Manipur People, provided the applicant should present before the Pass issuing authority in person, in such form and in such manner as may be prescribed, specifying his/her place of origin and period of stay which shall not be more than 6 (six) months from the date of issue.

(2) TEMPORARY PASS: The Resident Commissioner, Government of Manipur at New Delhi, Kolkata, Administrative Officer at Guwahati, Silchar, Security Officer of Manipur Police at Imphal International Airport, Imphal; ADM, Moreh; and SDPO, Mao; ADM, Jiribam; or any other officer as may be specified by the concerned Deputy Commissioner from time to time, are authorized to issue Temporary Pass at any entry point in all districts of the State for a period not exceeding 15 (fifteen) days, to bonafide Non-Manipur Peoples with intimation to the concerned Deputy Commissioner, provided the applicant shall present before the Pass issuing authority in person.

4 (1) RENEWAL AND EXTENSION OF PASS:

(a) The Deputy Commissioners of Districts or any other concerned subordinate officer authorized by them on their behalf may, on application to renew or extend the validity of Pass holder residing in their respective districts. Renewal of Pass shall be subject to the good conduct of the pass holder that he/she is not involved in any criminal activity.
(b) The Deputy Commissioners of Districts shall establish a Special Cell to issue Passes to the Non-Manipur People.
(c) Non-Manipur People who has been refused such a Pass for extension or renewal, may make an application to the Commissioner, Home, Government of Manipur within 15 (fifteen) days. No such application shall be entertained after the expiry of the 15 (fifteen) days.
(2) The Pass issuing authorities shall cancel such pass if the terms of Regulations are misused and violated.

CHAPTER II
5 CATEGORIES OF PERSONS TO BE EXEMPTED :

(i) The Non-Manipur People in regular or contract employment of the Government, Government Undertakings, Corporations and their families including the families of the security forces shall be exempted.
(ii) Non-Manipur Teachers, Students and Administrative Staff of Educational Institutions, and any other officials on duty possessing genuine Identity cards and documents shall be exempted.
(iii) Non-Manipur People whose names are found in the National Register of Citizens of India, 1951 or Census, 1951, Manipur or any Relevant Documents like the provisional Electoral Roll of Manipur, 1950-51 and their descendants.
(iv) Professionals involved in medical and any other emergencies for a period of 6 (six) months, and extendable as may be necessary.

6. PROVISION FOR RELAXATION DURING NATURAL DISASTER OR HUMANITARIAN CRISES

The State Government shall issue special relaxation at times of natural disaster or any humanitarian crises in the state.

CHAPTER - III
7. PASSES FOR NON-MANIPUR TRADERS HOLDING TRADE LICENSES

Notwithstanding anything contained in any relevant Act or any other law for the time being in force, special arrangement be made to issue Passes to Non-Manipur Peoples who are running shops/business by virtue of Trade Licenses, granted to them by any appropriate Law.

i) PERMANENT TRADE LICENCE HOLDER:
Pass with validity exceeding two (2) years but not exceed- ing 3 (three) years, renewable by 1 (one) year at a time may be issued to Non-Manipur Persons who are in possession of Permanent Trade License and to the members of their family. Such permanent Trade License holders are also allowed to sponsor Non-Manipur employees numbering not more than 3 (three) for the purpose of carrying their business as manager, attendants, etc.

ii) TEMPORARY TRADE LICENSE HOLDER:
Pass with validity exceeding 2 (two) but not exceeding 3 (three) years, renewable by one (1) year at a time may be issued to persons, who are in possession of Temporary Trade License issued by the competent authorities to the members of their family subject to prior approval of the Government.
iii) Acquisition of any interest on land or product of land by Non-Manipur person is prohibited without sanction of State Government.

Notwithstanding anything contained in the Manipur Land Revenue and Land Reforms Act, 1960, it shall not be lawful for a Non-Manipur person to acquire any interest and right in land and product of land without the sanction of the State Government of Manipur.

8. PASSES FOR EMPLOYEES OF NON-MANIPUR PEOPLE OF PRIVATE OR PUBLIC SECTOR COMPANIES, CORPORATIONS, FIRMS, ETC.

Private or Public sector Companies, Corporations, Firms, etc. who require services for execution of work contracts in the state of Manipur need registration under Manipur Value Added Tax Act, 2004 and the Rule made there under. Passes of 2 (two) years validity to official representatives of the Companies, Corporations, Firms, etc.

In case of casual traders and workers whose services are required for execution of Development Projects and schemes inside the State of Manipur, the Government shall issue Passes with validity of 2 years on case to case basis. CHAPTER-IV 9. PASS FOR NON-MANIPUR PROPRIETORS OF NON-CSD CANTEENS (UNIT CANTEENS) OF CENTRAL FORCES, STATE SECURITY FORCES-POLICE

The Government shall issue Pass with 2 (two) years validity which is renewable, to the Non-Manipur proprietors of canteens run by the Security Forces (Central), State Security Forces-Police, etc. stationed in various places in the State subject to certain terms and conditions as may be laid down for the purpose. Such proprietors are allowed to sponsor Non-Manipur employees numbering not more than 3 (three) for the purpose of carrying their business as manager, attendants/staffs, etc.

10. ISSUE OF PASS TO IMPORT LABOURERS IN BULK

Large number of Passes shall be issued to labourers engaged by Agencies, Corporations, Firms, etc.

They should follow the procedure prescribed below:
i) The designated Officers issuing the Temporary Pass on the basis of the relevant documents, shall refer the Non-Manipur Labourers to the concerned Deputy Commissioner or the Officer authorized with the necessary records maintained in prescribed formats for issuing the Regular Pass.
ii) The Deputy Commissioners of the Districts or any Officer authorized by them, may issue Regular Passes to the Non-Manipur Labourers not exceeding 50 (fifty) except with the prior approval of the Government for 6 (six) months which is renewable, on the recommendation of the concerned Employer along with the 'NO OBJECTION CERTIFICATE' from the Manipur State Labour and Employment Department.
iii) The Non-Manipur labourers shall appear in person before the Pass issuing authority at the time of issuing the Passes.
iv) The designated Officers issuing the Temporary Pass on the basis of the relevant documents, shall refer the Non- Manipur Labourers to the concerned Deputy Commissioner or the Officer authorized with the necessary records maintained in the prescribed formats for issuing the Regular Pass.
v) It shall be the responsibility of the concerned Department or the Contractor or Government undertaking or corporation concerned to see that labourers recruited by them do not continue to stay in the state without valid Pass.

CHAPTER-V
11. THE REGULATION OF NON-MANIPUR PEOPLES' ACT, 2016 BEING PROCEDURAL IS RETROSPECTIVE IN OPERATION

The Regulation of Non-Manipur Peoples' Act, 2016 being procedural is retrospective in operation. Provided that such retrospective operation shall not deprive a citizen of his / her accrued rights.

12. PROVISIONS TO BE IN ADDITION TO EXISTING LAWS:

The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

13. POWER TO REMOVE DIFFICULTIES

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty.
Provided that no such power shall be exercised after the expiry of a period of 2 (two) years from the date of commencement of this Act.

14. PROTECTION OF ACTION TAKEN IN GOOD FAITH

No suit, prosecution or other legal proceedings shall lie against any officer of the State Government for anything done in good faith or intended to be done in good faith under this Act.

15. POWER TO MAKE RULES

i) The State Government may, by notification in the Office Gazette, make rules to carry out the purpose of this Act;
ii) In particular and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely;
a) Designation of the sub-ordinate officer authorized by the Deputy Commissioner under section 3(1);
b) Establishment of Special Cell in the office of the Deputy Commissioner to issue Passes to the Non-Manipur people under Section 4(1) (b);
c) Cancellation of Pass under Section 4(2);
d) Conditions for issue of Pass to the Companies, Corporations and Firms by the State Government for registration under Manipur Value Added Tax Act, 2004;
e) Laying down of conditions by the State Government for the issue of Pass to the Non-Manipur Proprietors of Non-CSD canteens (Unit canteens) under Section 9;

iii) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Manipur Legislative Assembly, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session of the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


* JCILPS wrote this article for The Sangai Express
This article was posted on September 03, 2016.


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