Three Bills and Consequences in Manipur By Shri B.D. Behring

The Manipur Govt. passed 3(three) Bills viz. the Manipur People Protection Bill,2015, the MLR & LR (7th Amendment) Bill, 2015 and the Shops & Establishment (2nd Amendment) Bill, 2015 and their follow-up outcomes and consequences are enumerated as follows:-

1. Hundred percent populace of Manipur are ardently desirous of protecting the indegenous inhabitants of the state and restraining the non-Manipuri outsiders from permanent settlement in the state. In order to protect the indegenous people, the 3 bills was passed in the State Assembly. However, these bills makes it appear to be the bills to turn out the indegenous inhabitants from the state as well. The reason for urging on application of “Inner Line Permit System” in the state is that the neighbouring states like Meghalaya, Mizoram, Nagaland, Arunachal Pradesh and Sikkim has adopted Tourist or Tenant permit system. The state of Manipur has also passed resolution in the State Assembly on 17/06/2012 and on 13/07/2013 respectively for enforcement of the Bengal Eastern Frontier Regulation Act, 1873, but it is learnt that the Central Govt. has not given consent. As a result, the State Govt. re-introduced “The Manipur Regulation of Visitors, Tanants and Migrant Workers Bill No.8 of 2015 dt. 13/03/2015 and passed unanimously in the State Assembly on 16/03/2015.

2. The people of Manipur specially brethren of the valley did not accept the said Bill. In order to press the Govt. to replace the earlier Bill by a new bill, JCILP was formed. Unfortunately during its mass movement for such replacement by new bill, a student Robinhood by name lost his precious life and large number of private properties was destroyed. The aftermath events were followed by various people’s agitations like hunger strike, public curfew, rally etc. accompanied with public pressure not to take the dead body of Robinhood for final rites unless the Govt. passed the new bills.

3. A 7 points agreement was entered upon between the Govt. and JCILP on 25/08/2015 and those points are –

i) while enacting the bill, the 5 points proposed by JCILP shall be incorporated therein;
ii) While framing rules under Manipur People Protection Bill, experts from JCILP be associated.

iii) Constitution of State Population Commission;          
iv) Constitution of State Land Reforms Commission;

v)  Constitution of State Govt. Committee on foreigners’ issues as agreed upon earlier on 22-07-1980 and 05-08-1980 with AMSU and AMSCOC.

vi) Consultation by the State Govt. with the Central Govt. in any crucial issues as required from time to time.

vii) The Bills should be tabled/introduced in the House of Assembly as demanded by the JCILP.

Accidentally a question to be asked on the aforesaid point iii & iv respectively is whether population commission and State Land Reform Commission have already been formed and if already constituted, whether seatings were there before passing of the Bills which were introduced only on 28/08/2015. On altervatively, whether after bills are given assent either by the Governor or President, the above Committees will operationalise before framing the concerned rules. In fact, in the absence of formal procedures and legality, it will not be wrong to assume that the bills are adopted and passed in hanky-packy manner or without constitutional legality.

Further, it is also doubtful that the bills were introduced in the Assembly before these were discussed in the cabinet. It is understood only from local dailies that it was agreed in the CLP Meeting to support the 3 bills.

4. During the last 3/4 years, all Tribal Students Union, All Tribal Union, Manipur and all Tribal Chiefs Forum alongwith other organisations have already discussed and debated on the power and function of Hill Areas Committee (HAC), Manipur Village Authority Act, 1956, Autonomous District Council (ACD) Act 1971, Service Reservation, TSP Fund, Internal Delimitation of Parliamentary and Assembly Constitutuencies, Village Development Committee, New Land Use Policy, 2014 through Seminars dt. 7th & 8th December, 2012, dt. 9th November, 2013, 11th April, 2015 and 1st August, 2015 with paper presentation and resolutions adopted. These are circulated to the Hon’ble Members of Hill Areas Committee or concerned Authority and through print & media.

5. After enactment of the 3 bills, rules will be framed and these will be enforced on the whole of Manipur and the Govt. should have, therefore, referred to the Hill Areas Committee (HAC) on 28th August, 2015 itself since the 3 bills will be applied also in the Hill Areas, they attract Hill Areas Committee (HAC) Order, 1972 under rule No.4(1) - All scheduled matters in so far as they relate to Hill Areas shall be within the purview of Hill Areas Committee (HAC) and clause (2) every bill other than money bill affecting partly or wholly Hill Areas and containing mainly provisions dealing with any of the scheduled matters shall after introduction in the Assembly be referred to the Hill Areas Committee for consideration and report to the Assembly. Since the 3 bills fall under scheduled matters and when one examine the definition of money bill under Article 199 of Indian Constitution, only 20% of the 3 bills are money bill and 80% is non money matter. Therefore, it will not be an exaggeration to say that the bills are not money bills.

6. The MLR & LR Act, 1960 being Bill No.33 of 1960 (dt. 13/09/1960) was passed in the Indian Parliament when Manipur was Union Territory. The Act reads - “This Act may be called the MLR & LR Act, 1960. 1(2) it extends to whole of Union Territory of Manipur except the Hill Areas thereof. After Manipur attained Statehood in 1972, the word “Union Territory of Manipur was replaced by the state of Manipur under Adaptation of Law Order 1972. Notwithstanding, that it is fortunate or unfortunate, the Govt tabled the MLR & LR (Amendment) Bill 1975 being Bill No.5 of 1975 and introduced in Manipur Legislative Assembly on 7th March, 1975 which was sent down to a Select Committee and then the Select Committee to Hill Areas Committee. The bill thereafter passed on 9th September, 1975 and sent to the Governor on 22nd October, 1975; the Governor sent to the President of India on 18th November,1975; the President Assented on 17th May, 1976, then become an Act No.13 of 1976 and published in the Gazette on dt. 24th May, 1976. The Amendment reads as – 

1(1)  This Act may be called the Manipur Land Revenue and Land Reforms (Amendment) Act, 1975.

1(3) In section 1 of the Principal Act for the “full stop” occuring at the end of sub- section (2), a “colon” shall be substituted and thereaf ter the following proviso shall be added, namely,-

“Provided that the State Govt. may, by notification in the official gazette, extend the whole or any part or any section of this Act to any of the Hill areas of Manipur also as may be specified in such notification.”

The whole episode may be seen under Manipur Legislative Assembly proceedings Vol-XIV dt. 5th, 8th, 9th and 11th September, 1975 at page 24 to 106. In accordance with this MLR & LR Amendment a cadestral survey were carried out in respect of many flat areas and wet lands of hill areas like Moreh, Chandel, Churachandpur, Khoupum, Noney, Ukhrul, Senapati, Sadar Hills. Thus, the total areas surveyed from 1976 to 30th January, 1988 is 5539.38 hectares under MLR & LR Act. On the other hand, the (Amendment) Act, No. 13 of 1976 has violated the original MLR & LR Act, 1960 under section 1(2) of the act. Besides, it runs counter to the reply given by the Govt. of Manipur to questionaire put up by the National Commission for ST & SC, Govt. of India at page 33 and paragraph 13(a) - what legislative and executive measures has been taken to check land alienation of SCs/STs. The answer read - section 158 of MLR & LR Act, 1960 provides special provision regarding STs which runs as follows –

“No transfer of land by a person who is a member of the scheduled tribe shall be valid unless - (a) the transfer is to a person who is not a member of any such tribe, it is made the previous permission in writing of the Deputy Commissioner provided that the Deputy Commissioner shall not give such permission unless he has first secured the consent thereto of the District Council whether whose jurisdiction of the land lies or (c) the transfer is by way of mortgage to a co-operative society.

In 1989 the Govt. after introducing the MLR & LR (Sixth Amendment) Bill No.11 of 1989 in the State Assembly on 12/09/1989 without referring to Hill Areas Committee, the bill was passed on 15/09/1989. The bill which was passed proposed to omit the word “except the Hill areas there” to extend the Act to the whole state of Manipur under sub-section (2) of section I of the MLR & LR Act, 1960. When the bill was sent the Governor for assent, there was hue and cry from the Tribals. The Chairman, Hill Areas Committee protested for fregrant violation of Manipur Legislative Assembly Rules of Procedurers & Conduct of Business Bill relating to Hill Areas No.159 and 160 and submitted a memo to the Governor. I myself representing as President of Hill Peoples Forum, Manipur requested the Governor not give assent to the Bill and consequently the Governor did not give assent and the Bill was withdrawn later on under Assembly Rules of Procedure & Conduct of Business Rule 184 (b).

The MLR & LR (7th Amendment) Bill, 2015 being insertion of proviso (1)(2)(3)(4)(5) and 14(B) under proviso 14(1)(2)(a)(b) of the original Act, 1960, it has created much confusion to the unexperience House members & general public. Moreover, it is not mentioned that clause (b) of section 158 of the Principal Act is either amended or omitted in the MLR & LR (7th Amendment) Bill, 2015 and further creates a state of confusion to the House members and general public. According to 14(A)(1) (2)(3)(4)(5) and 14(B) of the Amendment Bill 2015, the sale and purchase of land is to be approved by the State Cabinet. The sub-section (3) of the Amendment Bill does not include District Councils though it covers local body/Authority)LSG. Since Hill areas can be partly or wholly covered under MLR & LR (Amendment) Act, 1975 as mentioned above and at the same most of plain pockets of hill areas have already beeen covered by MLR & LR Act, the District Councils are to be involved also in such cases. It is worth-mentioning that the State Cabinet has arbitrary Authority to allow purchase and sale of land under the MLR & LR (7th Amendment) Bill 2015 in the Hill areas also where MLR and LR Act is already covered and to be covered from time to time under the MLR & LR(Amendment) Act, 1975. Therefore, it can be assumed that the present Amendment Bill is nothing but to usurp the land right of the Tribals. When rules are frammed under this Bill and enacted, it will ultimately apply to the hill areas as pointed out above, but the State Govt. has still categorically claimed or reiterated that the hill areas are not or not going to be touched by the said Bill.

The Protection of Manipur People Bill No.16 of 2015 under proviso 1(2) in the 1st sentence reads as “it shall extend to the whole of the state of Manipur.” Thus, it covers the hill areas also. Again, while perusing definition under 2(a)(b)(c)(d)(e)(f)(g)(h)(i)(j), native people of Manipur will mean those persons whose names or their fathers or their forefathers names are in the Register of Citizen, 1951, Census Report, 1951 and Village Directory of 1951 and their descendants who have contributed collective social cultural and economic life of Manipur. Under (c) of proviso 2 of the Bill, the non-native who are not covered under section 2 of the Bill are required to obtain pass under sub-section 4 of section 4 of the Bill.The population of Manipur so far is 577635 according to census record, 1951 out of which the Meitei are 3,38,909, the Tribals and Muslims are 1,94,239 and 37,197 respectively. According to 2011 census, the population of Manipur is 27,21,756 and the population of the Tribals is estimated 42% of this. The Tribal villages including valley tribals area are 1106 during 1946-47 and these villages were grouped into circles as Sadar circle No.1,No.2, Ukhrul Circle No.1, No.2, No.3, Tamenglong Circle No.1,No.2,No.3 for the purpose of administration under Hill People Regulation. The Tribal Villages is estimated now to be 2000 according to the list of villages for conduct of District Council Election, 2015 and these exclude the number of Tribal villages particularly Zeliangrong Tribes in the valley area.

During the period of 1951, the Tribals who paid Hill House Tax ignored blatantly about household enummeration under census. Obviously, this is because of lack of education, future outlook and financial difficulties and on the tope of this, a village having 50 houses will be projected only 30 houses to evade House Tax payment. Besides, due to exemption of Hill House Tax to widow, widower and ex-servicemen, the no. of houses will be recorded less. Owing to this exercise and other factors, the number of population and houses will be less recorded in the Hills. It is no doubt that the same situation is prevalent in the valley also, but such situation is grerater in the Hill areas. As such, the Tribal residents or their fathers or forefathers or their descendants may not be found in the records or datas maintained by the Govt. under cut-of of year 1951. The law or any legal provision proposed by the Govt. for protection of indegenous people in the state of Manipur makes to appear in the mind of the state stackholders, a law to declare even the native peoples as non-Manipuri. For instance, the Protection of Manipur People Bill, 2015 lays down under provision 8 that this Act will not apply to the native people of Manipur of the state. The term of the native people of Manipur is not fully explained or defined under the Bill whether Tribal or Meitei or both non-Tribal and non-Tribal who are born in Manipur are native people. Section 2(b) of the Act has fully explained and covered all the above peoples and only those people among these who fullfill 3 criteria under section 2(b) of the Act are native people of the state of Manipur. Because of the loofholes in between section 2(b) and section 8(a) of the Act, it no doubt creates confusion and ambiqueity in the Bill with the result that it makes to appear that even the native people are the non-Manipuri.

When the Bill is enacted, the outsiders/non-Manipuri who are permitted to enter Manipur through pass system may be employed in Chandel, Ukhrul, Tamenglong, Senpati and Churachandpur District in construction of Railway, roads, or in the employment of saleman under Shops & Establishment (2nd Amendment)Bill 2015. Therefore, in course of such employment in the Hills, it affects the Hill areas. Then why the Bill was not referred to the Hill Areas Committee before passing in the Assembly.

Assembly Session:

The term of the 10th Manipur Legislative Assembly has completed nearly 4 years henceforth. Under Article 174 of Indian Constitution there are rules of Procedure and Conduct of Business in Manipur Legislative Assembly. According to these holding of Assembly session, rules of Procedures etc. are followed particularly Chapter-IV (Sitting of the House) No.17 A. In every calendar year, the Assembly shall have not less than three sessions namely the Budget Session, the Autumn Session and the Winter Session with minimum of 50 sitting days. There are 18 sittings in 2012, 22 sittings in 2013, 21 sittings in 2014 and 22 sitting in 2015 including a special session. In 4 years there should atleast be 200 sittings whereas the sitting is only 83. It is undeniable fact that had the Govt have a commitment for the well being of the people, there should have as many sitting as required by law to discuss the problems and solutions arising in the State. The present protest for and against the Bill would not have arisen. Consequently, the sanctity of the House has willfully been churned as well.

We have come across that the Hon’ble Speaker has received application for disqualification of 13 MLAs for defection under provision as to disqualication on ground of defection under 10th Schedule of Indian Constitution. In some cases the Speaker took up the proceedings and disqualified. It is also understood from the local dailies that one case was filed and the Guahati High Court has stayed the disqualification. However, the case of another 10 MLAs are still kept at abeyance after hearing and some proceedings are taken by the Speaker. Therefore, in such case it will not be wrong to assume that “Justice delay is Justice denied.”

By the by, after passing the 3 bills, 6 Hon’ble MLAs, one Hon’ble Minister and one Parliamentary Secretary tendered their resignation as MLA as learnt. However, a question arises whether the resignation is under Rules of Procedure & Conduct of Business of Manipur Legislative Asembly No.315 or not. Even after a lapse of one month of their resignation, no order is being issue regarding the rejection or acceptance of their resignation. It requires to ascertain whether their pay for September 2015 is prepared and encashed. It is suspected that some of them have already drawn their salaries for September, 2015 and the rest may perhaps be in the state of confusion whether to draw their salaries or not since the Speaker has not issued any specific order regarding acceptance or rejection of their resignation.

Incidentally it reminds me the episode in the 5th Legislative Asembly in which my most respectful late I.Tompok Singh, MLA failing to locate the then Speaker for filing of split application of his group/follower MLAs in the Assembly as alleged urinated Speakers chair and getting the urinated chair tested for confirmation at Forensic Science Laboratory.

The existing Govt. seems to be not the Govt. of the people of Manipur. The present Govt. has never paid heeds to any voice or complaint of the people unless protest, strike, bundh, public curfew etc. is launched by the people through the so-called JAC. Besides, the Govt. thinking that such agitation of the people will cease in the course of time, never try to solve the problem and there is, in fact, no instance to site that the present Govt. has brought a solution to such problem of the people. No development like improvement of road, bridges etc. both in the valley and hills is there majority of Govt. officials are absent in the Govt. offices in the hills and in the far-flung offices of the valley though salary is regularly paid.

The power supply is a little improved in Imphal area only. The recent flood affected families, bridges, roads, govt. institutions are still left unattended. Lunching or inauguration of any project and flagship programmes are yet to be seen. The Govt. has not yet brought any amicable solution to present turmoil consequent upon the passing of the Bills with the loss of 9 lives and 60 injured specially in Churachandpur and with the ransacking the MLA quarters and destroying public properties of Churachandpur & Sadar Hills District. No tangible solution will come out by speaking through TV, media and Radio that the JAC has not responded to the Govt. appeal for talk. Instead, the Govt. should order judicial enquiry, constitute cabinet committee or senior citizens committee or peace committee to negotiate for solution. It may not be out of place to assert that failure to pay early solution to such mob uprising it may invite imposition of Presidents’ Rule in the State in the long run.

19-Oct-2015 / Bd. Behring