Autonomous District Councils, Manipur in brief

Haokholal Hangshing *

Polling at Senapati for ADC (Autonomous District Council) election on June 1 2015 :: Pix - Oken Sanasam

In 1971, during the process for granting of State-hood to Manipur, the Government of India promulgated an Act of Parliament called Manipur (Hill Areas) District Council Act 1971 under section 4 of subsection 3 Vide Bill No. 76 of 26/12/1971 for safeguarding the Hill Areas and protection of Tribals in Manipur, this provide for creation of six ADC in Hill Areas of Manipur for ultimate conversion to full-fledged District.

The Hill Area of Manipur covers approx, 90 percent of the area of Manipur. After Independent, the Government of India committed to safeguard the well-being and interest of the Hill Tribals by assimilating the provisions in the Fifth and Sixth scheduled of the constitution, necessitated the declaration of “Hill Areas” in Manipur.

The Manipur (Hills Areas) District Council Act was passed by the Parliament of India on 26th December 1971 when Manipur was still a union territory and subsequently, the Manipur (Hill Areas) District Council Rules 1972 was enacted by State Legislative Assembly of Manipur by which the established ADCs are governed.

The Act was meant to establish an institution of Local self Government so that changes may be brought from within in the sphere of socio-eco developments and to preserve the unique traditional values. Besides, Article 371(c) had also been enshrined in the constitution (27th amendment) Act 1971 that provides for the constitution and functioning of a committee, consisting M.L.A elected from the Hill Areas of Manipur and for all responsibilities in order to secure proper functioning in matters relating Hill affairs and for the purpose for which was constituted.

With the attainment of Manipur Statehood on 21st January 1972, the functionary in Hill Areas has been left out at the mercy of state Government. In due course, the Tribal of Manipur realized that the Autonomous District Council have been rendered inept, and it cannot function as institution of Local self Government as meant to be, resulting the Hill Area committees to adopt a resolution on 18th July 1990 to the effect that no election to members of ADC, Manipur will be held until and unless the provisions of sixth scheduled were extended. Short of sixth scheduled the Hill people boycotted the ADC- election for 21 years in Manipur.

After a gap of 21 years, the Autonomous District Councils have been revived and have successfully participated in the ADC election in 2010 with faith and trust in the Government of India as well the Government of Manipur that had equivocally committed to bring development at the grass-root level in the Hill Areas of Manipur. Further, the Government of Manipur has also made promises on several occasions to enhance and devolve adequate powers to enable the ADCs function as an institution of Local self Government under the provision of the Act, 71 and its amendment thereof.

What really matters is the “faith” bestowed by ADCs and the commitments made by the State Government to empower the ADCs equivalent to those of ADCs functioning under the sixth scheduled of the constitution in other states of India. Unless the State Government is really committed to empower the ADCs as promised, there is no point to appreciate the sound provisions of the Manipur (Hill Areas) District Council Act, 71 and its subsequent amendments. The ADC in Manipur, after all, still functions at the mercy of State Legislature whereas, ADCs under sixth scheduled draw their autonomy from the constitution of India.

Such being the case, no factual powers have been devolved during the last 5 (five) years nor the mandated Act and rules were properly implemented, thereby, the functionaries of ADCs in Manipur are no better than a mere Government Department. The devolution of powers lagged far behind the spirit of the established Autonomous District Councils. Most of the powers devolved to ADCs ended up only with recommending the names of beneficiaries to the concerned departments of the State Government.

For instance, the powers devolved to ADCs by departments Like: - Agriculture, Horticulture, Veterinary & Animal Husbandry, Fisheries, Science and Technology, Commerce, Industry, Social Welfare, CAF & P.D etc. are limited to recommendations and, that too, have not been implemented in letter and spirit. In respect of DRDA under the Ministry of Rural Development & Panchayat Raj, the devolution of powers simply reduces the ADCs Chairman, who is made the Chairman of DRDA, to a mere rubber stamp.

The 26 (twenty six) matter enumerated under section 29(1) and third amendment Act, 2008 of the Manipur (Hill Areas) District Council Act 1971 has not been effectively transferred. Some of them are only partially transferred, and other, like primary education up to class (VIII) as against the provision of the Act has not been handed over at all.

Further, the State Government has not implemented the Budget provision laid down under section 32 of part III of the Manipur (Hill Areas) District Council Act 1971 and Rule 45 of the Manipur (Hill Areas) District Council Rules 1972 which is the vital route to achieve the essence of the establishment of ADCs in Manipur. Therefore, denial for preparation of its own Budget is detriment to the mandated provision of the Act & Rules.

The Autonomous District Councils are political and governance entities that are meant to perform a range of developmental functions as an institution of Local self Government. They are accountable to the entire population at the grass-root level of the Hill Districts and not just for small scale beneficiaries.

On the other hand, the Hill Areas Committee, Manipur constituted under Article 371(c) of the constitution is not a Local Government, but a committee of State legislature elected from the Hill Areas which is also a part of the Manipur State assembly. The State Government as well as the Hill Areas committee does not possess adequate wisdom of local affairs and problems, as responsibilities assigned to them by the constitution.

In the wake of democratic decentralization that took its shape with a need to better functionary administration, development and co-operation of Local people represented by Autonomous District Councils, a legitimate institution of Local self Government that can play vital roles in the process of political legitimization and develop a sense of public participation for the best implementation of the political as well as the socio- economic integrity of the Local Government in the Hill Areas of Manipur.

Suggestions of some of the basic & vital characteristic for proper foundation & functionary of the Autonomous District Councils in Manipur are;

1. Enhancing separate Budget and separate Demand Head under section 32 and Rules 45 of the Manipur (Hill Areas) Act 1971 & Rules 1972.

2. To fully implement the powers provided under section 29(1) of the Manipur (Hill Areas) Act 1971 read with the amendment Act 2008.

3. The District planning body to be headed by the concerned Chairman ADCs in the all Hill Districts of Manipur analogous to the District planning Committee under Article 243ZD where, it is chaired by the Chairman of Zilla Parishad /District Panchayat in the valley District of Manipur and of other States of India.

4. The DRDA that exist as a separate legal entity should be abolish and that it should be completely merged with Autonomous District Councils. All the DRDA structure should be transferred to and function within Autonomous District Councils.

5. All centrally funded program such as central sponsored schemes, centre sector schemes etc which are entrusted to Zilla Parishad in most of the States of India should be entrusted to Autonomous District Councils.

6. To devolve adequate non lapsable funds in an untied manner directly to the Autonomous District Councils, Manipur within the purview of Article 282 of the constitution of India and provide necessary arrangement by which the Autonomous District Councils can directly or indirectly approach the Central Government for submitting utilization certificate and receiving funds for implementation of programmes.

7. Efficient enhancing of the powers devolves in letter and spirit.

8. Empower the Governor of Manipur with certain discretionary powers within the purview of section 32 of the Manipur (Hill Areas) District Council Act 71.

9. Employees under plan should be converted to non-plan. Plan funds exhumed by salaries affects developmental programmes.