IT Correspondent
Imphal, Nov 16:
The Hill Area Committee has reiterated the urgency and immediate need for calling a Special Session of the Manipur Legislative Assembly to table the Manipur (Hill Areas) Autonomous District Council Bill, 2021. Further regarding the notification from the Revenue Department on demarcation of boundaries, the Hill Area Committee has resolved to immediately cease any such activity which may infringe upon the Autonomous District Councils especially the mandated duty of the Hill Areas Committee within the Scheduled Areas specified as Hill Areas in the First Schedule.
Regarding the pending the Manipur (Hill Areas) Autonomous District Council Bill, 2021 which was previously recommended to the Government on the 17th of August 2021 but remains to be tabled, the Hill Area Committee after series of lobbying with the President of India, Union Ministers and the State Governor, has now unanimously resolved to push for a Special Session.
The Hill Area unanimous Resolution states, With reference to Resolution No. 40/2021-(HAC) dated 16th August, 2021, while reiterating the urgency and immediate need for calling a Special Session of the Manipur Legislative Assembly to introduce for discussing the above mentioned Manipur (Hill Areas) Autonomous District Council Bill, 2021 at the earliest.
It continued that all the Members after minute discussion have quoted the following Rules with regard to the above.
1) 12A of the Third Schedule 12A. The Council shall normally give effect to the recommendation of the Hill Areas Committee under sub-paragraph (3) of paragraph 4 of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 but if the Council is of the opinion that it would not be expedient to do so or that the Hill Areas Committee was not competent to make any such recommendations, the matter shall be referred to the Governor whose decision thereon shall be final and binding on the Council and action shall be taken accordingly”.
2) Para 7 of the Hill Areas Committee Order, 20th June, 1972. 7. Modification in the Rules of Business of the Government of Manipur:— The modifications directed in the Third Schedule shall be made in the Rules of Business of the Government of Manipur, 1972 and shall not in any way be affected by any amendments that may hereafter be made in the said Rules by the Government under Article 166 of the Constitution, otherwise than with the approval of the President. 3) Para 4, Sub-Section 1 and 3. (1) All Scheduled matters in so far as they relate to the Hill Areas shall be within the purview of the Hill Areas Committee.
(3) The Hill Areas Committee shall have the right to consider and pass resolutions recommending to the Government of the State any legislation “or executive action affecting the Hill Areas with respect to any Scheduled matter, howsoever that the executive action relates to general questions of policy and the legislation or executive action is in conformity with the overall financial provisions for the Hill Areas made in the Annual Budget or contemplated in the Plans of the State and
4) Para 2 of the Second Schedule. (2) Constitution and power and functioning of District Councils in the Hill Areas.
The meeting resolution sternly concluded that, The above Rules as mandated upon the Hill Areas Committee as being a matter which is within the purview of the Committee is automatic in operation and as such binding on the Government of Manipur to act not on its discretion but upon the recommendation of the Committee. The Committee also unanimously expressed strong displeasure on the Government for not following laid down Rules of Procedures and Conduct of Business in the Manipur Legislative Assembly and Constitutional provisions under Article 371C, Article 166 and Article 208 of the Constitution of India.
Regarding the Notice recently circulated by the revenue department on district demarcation, the Hill Area Committee clarified that, The Committee suo moto while discussing a letter issued by the Revenue Department vide Letter No. LDM-104/23/2021-Rev-Revenue dated 8th November, 2021, resolved and decided that as per the Principal Act of the Autonomous District Council, Manipur 1971, CHAPTER II | CONSTITUTION OF DISTRICT COUNCILS 3. Division of Hill Areas into autonomous districts. (1) As soon as may be after the commencement of this Act, the Administrator shall cause all the Hill Areas to be divided into not more than six autonomous districts.
(2) The Administrator may, by order notified in the Official Gazette,— (a) declare that any area in any autonomous district which is, or is intended to be, included within the limits of any municipality, cantonment or town committee shall cease to be a part of such autonomous district; (b) increase the area of any autonomous district; (c) diminish the area of any autonomous district; (d) unite two or more autonomous districts or parts thereof so as to form one autonomous district; (e) define the boundaries of any autonomous district; (f) alter the name of any autonomous district.
(3) No order under sub- section (2) shall be made by the Administrator except after consultation with the Hill Areas Committee.
The HAC concluded that, As no intimation was received whatsoever by the Committee, it was decided that the Government of Manipur be intimated to immediately cease any such activity which may infringe upon the Autonomous District Councils especially the mandated duty of the Hill Areas Committee within the Scheduled Areas specified as Hill Areas in the First Schedule. As such, the Government of Manipur should take up the needful exercise only after the due process of consultation with the Hill Areas Committee for achieving the targeted purpose
The two meeting resolutions of the Manipur Legislative Assembly Secretariat dated 15th November 2021 were signed by MLA T.N.Haokip, Presiding Chairman(HAC) and Pammei Ningmei, Deputy Secretary (HAC), Manipur Legislative Assembly.
