TYCM contradicts Dy CM
Source: The Sangai Express
Imphal, September 23 2015 :
Tribal Youth Council, Manipur (TYCM) has rebutted the statement of Dy CM Gaikhangam in connection with the Bills passed on Aug 31 .
In a statement, president of TYCM, M Tolkham Maring said it was very unfortunate that Gaikhangam, who is occupying the post of Deputy CM and elected by the tribals has miserably misinterpreted the meaning of Money Bills.
In Financial Memorandum annexed in the Manipur Land Revenue and Land Reforms (Seventh Amendment) Bill 2015, and Manipur Shops and Establishments (Second Amendment) Bill 2015, it is clearly mentioned that there should be no additional financial liability on the Consolidated Fund of the State.
As such, the Bill in question does not at all fall within the meaning of Money Bill as defined in Article 110 of the Constitution.
Therefore, it is mandatory to refer the matter to the Hill Areas Committee for its consideration before the Bill was passed by the Assembly.
This, the State Assembly failed to do so thereby bypassing the only special provision guaranteed for the tribals under Article 371 C.As such, the Bills affect the rights of tribals of Manipur.
Social custom of 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, the Bills after introduction in the Assembly should be referred to the HAC for consideration which was to be done on Aug 28, 2015 .
However, the Manipur Legislative Assembly deliberately by passed the Rules and Procedures 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 undermined.
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 has passed the Bills by defeating the rights of the tribals by not referring the matter to Hill Areas Committee, it asserted.
With regard to the Manipur Shops and Establishments (Second Amendment) Bill 2015, by virtue of long standing social customs, the village authorities are regulating the permit for the establishment of shops and to control the rate of commodities, and also decide what are to be allowed to sell or not to sell.
Such rights of tribal chiefs and functions of village authority will be taken away.
The Dy CM has 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 Gaikhangam has become the mouthpiece of the common evil.
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 ? it asked.
TYCM asked why should not the tribals of Manipur observe Aug 31 as 'dark day'.
Despite Gaikhangam maintaining that there are no provisions in the Bills that infringe upon the rights of tribals, it further asked, "If the said Bills affect the rights of tribals, are you ready resign on moral ground as you are incapable of interpreting the Bills correctly?" .
The TYCM concluded with a question: "How long will you (Dy CM) 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?" .
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