TYCM says Gaikhangam has misinterpreted meaning of Money Bills
Source: Hueiyen News Service
Imphal, September 23 2015 :
Deputy Chief Minister Gaikhangam of Manipur who was elected by the tribal communities has "miserably misinterpreted" the meaning of Money Bills, Tribal Youth Council, Manipur (TYCM) has claimed in a statement issued on Wednesday.
In Financial Memorandum annexed in the Manipur Land Revenue and Land Reforms (Seventh Amendment) Bill 2015, and Manipur Shops and Establishments (Second Amendment) (Bill No.18 of 2015) Bill 2015, it is clearly mentioned that there shall be no additional financial liability to the Consolidated Fund of the State, it is therefore, the Bill in question does not fall within the meaning of Money Bill as defined in Article 110 of the Constitution.
As such, it is mandatory to refer the matter to the Hill Areas Committee for its consideration before passing the Bill by the Assembly which the State Assembly failed to do so thereby bypassing the only special provision guaranteed for the tribal communities under Article 371C, the council said.
As per social custom, counting of family head and census in the hill areas are within the purview of village authority.
As such, it falls within Item 12 of the Schedule matters.
Therefore, by virtue of Clause (2) of para 4 of the Manipur Legislative Assembly (Hill Areas Committee), Order, 1972 after introduction of the said Bills in the Assembly, be referred to the HAC for consideration which was to be done on August 28, 2015, the council said.
The TYCM statement said the highest forum of the Manipur Legislative Assembly had intentionally by-passed the Rules and Procedure of the Business of Manipur Legislative Assembly.
Therefore, the sanctity and the special provisions of Article 371C guaranteed in favour of hill people were totally violated.
In fact, the only protection for the hill people was no more seen by the action and inaction of Manipur Legislative Assembly, the council claimed.
It is a fact that the main objective as mentioned under Clause (b) (5) of Para 4 of Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 is: "To promote unity between the people of hill areas and other areas of the State.
However, the State of Manipur passed the Bills by neglecting the rights of the tribals and by not referring the matter to Hill Areas Committee.
With regard to the Manipur Shops and Establishments (Second Amendment) (Bill No.18 of 2015) Bill 2015, by virtue of long standing social custom, the village authority are regulating the permit for the establishment of shops and controls the rate of commodities, and also decides what are to be allowed to sell or not to sell.
Such rights of tribal chief and functions of village Authority will be violated by the bill.
"You have ignored the existence of Manipur State Hills (Administration) Peoples Regulation Act 1947, Manipur Hill Areas Village Authorities Act,1956 and Autonomous District Council Act 1971.It is unfortunate that instead of representing the voice of the people you have become the mouth piece of common evil," TYCM accused.
"If a legislator who has taken oath to uphold the Constitution under Schedule 3, Para 4 is habitually breaking the law, is he not a Judas Iscariot of the present Manipur.
Tribal of Manipur may forgive him but the history and the next generation of tribals will never forgive him.
Because of you, why should not the tribals observe this day the August 31 as a dark day throughout the generations.
You still maintain that there are no provisions in the Bills to infringe upon the rights of tribals, however, if the said Bills affect the rights of tribals, are you ready to resign on moral grounds as you're incapable of interpreting the Bills correctly? How long will you continue to say that the Bills in question never affect the rights of tribals, when even primary students have understood that there are flaws in the Bills?" the council asked.