Tribal forum demands Governor
Source: The Sangai Express

Imphal, July 16 2014: All Tribals Right Protection Forum, Manipur has appealed to the concerned authority and Governor of Manipur to delegate power and function to HAC.

In a press statement, the forum said, by virtue of the Article 371(C) of the Constitution and the subsequent order issued on June 20, 1972 by the then President VV Giri, 13 items including District Councils, village administration and the matters relating to hills are within the purview of Hill Areas Committee (HAC) .

However, the said powers of HAC including Rural Development and Tribal Affairs and Hill Department have been taken away from the purview of the HAC.

The Tribal Affairs Minister has nothing to do with the subject matters of hill areas, the forum said.

Saying that both HAC and ADC have its own mandated Act, the forum said that in the matters of appointment and creation of post under ADC, surprisingly, the Tribal Affairs and Hill Department has nothing to do.

In fact, the Department had issued notification dated 12th June, 2013 thereby took away the power of appointment and creation of posts from the ADC, which was unconstitutional and arbitrary, the forum added.

By virtue of Para 9 of the notification issued on June 20, 1972 by the then President of India VV Giri, the Governor of Manipur has special responsibility for securing the proper functioning of the Hill Areas Committee to exercise the power of Article 371(c), the forum added.

However, the Governor has failed to do so, the forum alleged adding that it is the duty of the Governor of Manipur to see whether the view of the Hill Areas Committee was taken at the time of finalisation of the budget (5 years/Annual plan) during discussion in the Assembly.

It is mandatory under Para 6 of the said order 1972 that the Assembly cannot finalise 5 years and Annual plan without taking the view of HAC at the time of finalisation of the budget (5 years and Annual plan), the forum said.

The Manipur Legislative Assembly generally finalises the budget thereby undermines the actual point of the mandatory provision of Article 371(c) .

However, the Governor has failed to rescue from such violation of rules.

Therefore, it amounts to the failure of constitutional machinery in the State thereby raising the demand for President's Rule in the State, the forum added.

The forum appealed to the concerned authority and Governor of Manipur to look into the matter and delegate all the power and function listed in the said order of 1972 and items 26 enshrined under Section 29 Amendment Act 2008 of the (Hill Areas) District Councils (Third Amendment) .

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