ATSUM Coordinating Committee to submit memo to Governor today
Source: Hueiyen News Service
Kangpokpi, September 04 2015 :
Coordinating Committee of All Tribal Students Union, Manipur (ATSUM) on Friday prepared a memorandum to be submitted to the Governor of Manipur on Saturday.
The memorandum has picked holes in the Bills passed by the Manipur Legislative Assembly on August 31 last.
The memorandum signed by Maun Tombing and Joseph R Hmar, Convenor and Co-Convenor of the Coordinating Committee said that ATSUM drawing the Governor's attention to the "procedural lapses, unconstitutional processes and anti tribal clauses" in the Bills.
Pointing out the necessity of the Governor's intervention, the committee said the Manipur Legislative Assembly has "committed grave constitutional blunder intentionally" while introducing and passing of the three Bills.
The memorandum alleged that the Assembly has not followed the mandatory Rules of Procedures and Conduct of Business under Section 4, Clause 1 and 2 (1.All Scheduled Matters in so far as they relate to the Hill Areas shall be within the purview of the Hill Areas Committee).
The committee said that every Bill, other than a Money Bill, affecting wholly or partly the hill areas and containing provisions dealing with any of the scheduled matters shall, after introduction in the Assembly, be referred to the Hill Areas Committee for consideration and report to the Assembly as envisaged under Article 371 C of the Indian Constitution.
It has also alleged that Rules of Procedures and Conduct of Business had been clearly violated as the three Bills were neither referred to the Hill Areas Committee (HAC) nor was the Bills considered by the latter before introduction and passing them.
Alleging that The Protection of Manipur Peoples Bill, 2015 and The Manipur Land Revenues and Land Reforms (7th Amendment) Bill, 2015 contained "highly objectionable clauses" which are "clinically designed" to deprive and marginalise the tribal communities of their rights and traditional lands.
The Protection of Manipur People's Bill, 2015, Section 2 says "It shall extend to the whole of Manipur" and that means the entire geographical area including the Hills Area, said ATSUM and suggested that the sentence should be changed to "It shall extend only to the four Valley Districts of Manipur" .
Terming the definition of "Manipur People" as controversial, ATSUM pointed that the Bill referred to The National Registry of citizens 1951, Census Report 1951 and Village Directory of 1951.Based on this parameter, 80% of the villages in the hill areas would be rendered "unofficial and liable to be derecognized by the government" .
The memorandum asserted that Registration of Citizens and Census Report in the Hills fall within the overview of the HAC for consideration because the "Second Scheduled" of the Manipur Legislative Assembly HAC order 1972 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 said that in the statement of objects and reasons in the third line of the The Manipur Land Revenues and Land Reforms (7th Amendment) Bill, 2015, Bill No.17 of 2015 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, said ATSUM.
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" in the first line of the Objects and Reasons is "highly objectionable" because Manipur is not a Hill State.
ATSUM alleged that it is a ploy to change Manipur to a Hill State so as to make the Meeteis eligible to be included in the list of the Scheduled Tribes of India.
Section 14 A (1) "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) belongs to Manipur People or Non-Manipur People the memorandum further added.
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 design to grab the tribal traditional land in due course of time by way of legal interpretation and means, alleged ATSUM.