Roll back order : ATRPFM to Govt
Source: The Sangai Express / Newmai News Network

Imphal, March 11 2019: The All Tribal Rights Protection Forum, Manipur (ATRPFM) has demanded that the State Government of Manipur "quashes, revokes or sets aside the Office Memorandum (OM)" reportedly issued by the latter.

According to the ATRPFM, the Principal Secretary (Revenue), the Government of Manipur, "issued an Office Memorandum (OM) dated 26.08.2008 vide No 16/2/MISC/2008-Com(Rev), thereby all matters relating to the creation of districts, Tehsils, villages and alteration of boundaries were allocated to the Revenue Department in violation of the customary practices of the tribes of Manipur, MLR & LR Act, 1960 and rules laid down under the Manipur (Village Authorities in Hill Areas) Act, 1956" .

The ATRPFM said that land and village matters of the hill areas are governed by the customary laws from time immemorial.

"And at the government level, the processes and recognition of the villages were done under Tribal Affairs and Hills department till recently" .

According to the ATRPFM, Section 1(2) of the MLR & LR Act, 1960 clearly says that this Act is not extended in the hill areas of the State.

"All matters relating to the creation of villages and alteration of their boundaries shall be dealt with by the Tribal Affairs and Hills, and could not be allocated to the Revenue Department," the tribal rights forum said.

It also said that there is no mentioned in the MLR & LR Act or the Government of Manipur (Allocation) Rules, 1999 to allocate matters relating to the creation of villages and alteration of their boundaries to the Revenue Department.

"When there is no specific provisions or rules under any Act for dealing with the matters relating to the creation of villages and alteration of their boundaries, amendment shall be made in the Manipur (Village Authorities in Hill Areas) Act, 1956, and insert the required provisions," it also said.

According to the ATRPFM, alternatively, the matter shall be allocated to the Autonomous District Councils.

"The State Government cannot allocate those powers by issuing Office Memorandum (OM) and transferred functions all of a sudden without referring the matter to the Hill Areas Committee of the Manipur Legislative Assembly as required by Article 371C of the Constitution and order, 1972 made thereunder," it pointed out.

The ATRPFM then said that the Revenue Department has no relation with the hill villages in so far as the question of creation of villages and alteration of their boundaries.

"Thus, by issuing such Office Memorandum (OM), the State Government is creating space for further exploitation of the tribal communities who are already exploited," it added.

"In the above cited facts and circumstances, the ATRPFM appealed the State Government to quash, revoke and set aside the Office Memorandum in the public interest.

"If the State Government fails to revoke the said order, tribal communities residing in the hill villages shall be compelled to take up their own course of action," the ATRPFM cautioned.

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