ATSUM petitions Guv; states reasons for objecting Bills
Source: The Sangai Express

Imphal, September 04 2015 : All Tribal Students' Union Manipur (ATSUM) has today highlighted to the State Governor the procedural lapses, unconstitutional pro-cesses and anti tribal clauses contained in the Bills which were passed by the Manipur Legislative Assembly on Aug 31 .

In a memo signed by Muan Tombing and Joseph R Hmar, convener and co-convener of the Coordinating Committee, ATSUM respectively said the Manipur Legislative Assembly has committed grave constitutional blunder intentionally while introducing and passing the three Bills as it had not followed the mandatory Rules of Procedures and Conduct of Business under Section 4, Clause 1 and 2 of the Manipur Legislative Assembly envisaged under Article 371 C of the Indian Constitution.

The Rules of Procedures and Conduct of Business have been clearly violated as the three Bills were neither referred to the Hill Area Committee (HAC) nor considered by the latter before introduction and passing of the said Bills.

The three Bills particularly The Protection of Manipur Peoples Bill,2015 and The Manipur Land Revenue and Land Reforms (Seventh Amendment) Bill, 2015 contained highly objectionable clauses which are clinically designed to deprive and further marginalise the tribals of their rights and traditional lands.

Section 2 of PMP Bill, 2015 said the legislation "shall extend to the whole of Manipur" means the entire geographical area including the Hills Area.

Therefore, the sentence should be changed to: "It shall extend only to the four Valley Districts of Manipur," it said.

ATSUM's memo said the definition of "Manipur People" and the undefined meaning of Native People, in the Bill under Section 2 Sub Clause (b) with reference to the base year ie The National Registry of citizens 1951, Census Report 1951 and Village Directory of 1951 is controversial.

Based on this parameter, 80% of the villages in the Hill areas would be rendered unofficial and liable to be derecognized by the Government.

It is also to be noted here that Registration of Citizens and census Report in the Hills falls within overview of the HAC for consideration because the "Second Scheduled" of the Manipur Legislative Assembly HAC order 1972 which reads "The Establishment of Village committee or Councils and other matter relating to village administration and abolition of villages and counting of the numbers of villages in the matter of payment of Hill House tax are made by the respective village headmen/Chiefs as per item No 9 of the said scheduled matters, ATSUM pointed out.

Regarding the Manipur Land Revenue and Land Reforms (7th Amendment) Bill, 2015, Bill No 17 of 2015, ATSUM said that in the statement of objects and reasons appeared in the third line of the Bill, five Hill Districts are mentioned which as a matter of fact is within the purview of the HAC.

Section 14B page 3 of the Bill which empowered the State Cabinet to approve purchase of any land in the State is a complete disregard to the power and function of the HAC, which is the sole authority in matters pertaining to Hill Areas therefore, the cabinet has nothing to do with allotment of land.

By virtue of Article 371C, the Cabinet is incompetent to consider the matter without the consent and knowledge of the HAC in all matters relating to Hill Districts.

The phrase "One of the Small hill State" appeared in the first line of the 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 the Scheduled Tribes of India., ATSUM highlighted.

Section 14 A (1) said, "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��.." is ambiguous as the terms (Firms, Institutions and other similar entities) does not clearly mentioned whether they (Firms, Institutions or other entities) belong to Manipur People or Non-Manipur People.

Moreover, the term "Any Land in the state of Manipur' in the same section implies that the Manipur Land Revenue and Land Reforms Act (MLR and LR Act) shall be extended in the Hill areas of Manipur.

Hence, It is in fact a sinister designed to grab the tribal traditional land in due course of time by way of legal interpretation and means.

ATSUM therefore requested the Governor to minutely study the matter and take appropriate steps so as not only to avert major constitutional crises and uphold the sanctity of the constitutional provisions but also to protect and safeguard the rights and traditional land of the tribals in Manipur as well.

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