The new Bill seeks more autonomy to the Hills Areas Committee and the Autonomous District Councils with regard to administration and management of hill areas of Manipur.
TFM Desk
Amidst the tensions over the contentious, The Manipur (Hill Areas) Autonomous District Council Bill, 2021, the Manipur government on Sunday requested “sufficient time” from the Hill Areas Committee for the Department of Tribal Affairs and Hills to follow due process of law before placing the matter before the state assembly.
A ‘press clarification’ issued by additional chief secretary (TA & Hills), Government of Manipur, Letkhogin Haokip stated that the Bill is a complex matter, it requires detailed examination by the Department of Tribal Affairs and Hills with the relevant Departments of the State Government including the Law Department and the Office of the Learned AG. Further, the matter needs to be placed before the State Cabinet for its decision.
“Nevertheless, it is to clarify that all necessary steps will be taken by the Department of Tribal Affairs and Hills to place the Bill before the State Cabinet,” it added.
It may be mentioned that the All Tribal Students’ Union Manipur (ATSUM) had announced a 24-hours total shutdown from Sunday midnight expressing resentment over the state government’s alleged unwillingness to table the Bill in the ongoing session of the Manipur Legislative Assembly.
Several CSOs have asserted that the Bill should not be tabled in the ongoing assembly session. They are demanding that the matter should be deliberated by all the stakeholders of the state.
The Bill
The Hill Areas Committee, Manipur Legislative Assembly, in its meeting held on August 16, 2021, unanimously adopted the Manipur (Hill Areas) Autonomous District Council Bill, 2021.
The new Bill seeks more autonomy to the Hills Areas Committee and the Autonomous District Councils with regard to administration and management of hill areas of Manipur.
As per the draft bill, Article 371C of the Constitution of India read with the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 provides for a separate scheme for the administration of the hill areas in the State of Manipur through Hill Areas Committee and District Councils. The Hill Areas Committee and the District Councils for the Autonomous Districts are vested with legislative powers on specified subject and are allotted certain sources of taxation.
They have also been given powers to manage their resources, public health and sanitation services, primary education and undertake administrative and welfare services including development and economic planning, it said. In order to give effect to said provisions the parliament enacted the Manipur (Hill Areas) District Councils Act, 1971. Notably this 1971 Act was enacted by the Parliament since at the relevant time Manipur was a Union Territory and still is effective after more than 50 years of the creation of the State of Manipur, it added.
Elaborating the objectives and reasons for bringing in the new legislation, the draft bill said since 1971 there were several amendments to the Manipur (Hill Areas) District Council Act. However, a review of the provisions of the 1971 Act indicated deficiencies which resulted in disproportionate development between the areas of the hills and valley of Manipur over the years.
The Manipur (Hill Areas) Autonomous District Council Bill, 2021 seeks to repeal and replace the Manipur (Hill Areas) District Council Act, 1971 in order to provide more autonomy to the Hill Area Committee and the District Councils (now referred as Autonomous District Council as they relate to Autonomous Districts) as envisaged under Article 371C of the Constitution of India read with the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972.
Salient features of the Bill
a. More autonomy to the Hill Areas Committee and the Autonomous District Councils with regard to administration and management of Hill Areas of the State of Manipur.
b. Provisions to take into consideration the current ground realities in the Hill Areas of the State of Manipur including increasing the number of constituencies of the Autonomous District Council to 31 out of which 3 members to be nominated, Further, in the delimitation process of the 28 constituencies, 3/4th of the seats shall be allocated as per population representation of the areas covered under the Autonomous District and 1/4th of the seats shall be reserved for socio-economically backward areas and need based special geographical areas within the respective Autonomous District.
c. Creation of Hill Areas Secretariat for (i) Managing and coordinating the working of the all the Autonomous District Councils; (ii) Reviewing and monitoring all the projects and programs undertaken by each Autonomous District Council; and (iii) Coordinate and manage the budgetary allocation as per department or area-wise requirement for the Hill Areas of Manipur
d. Providing first and second appeal with regard to the adjudication of election petition under the Bill
e. Creation of an Executive Committee under the Autonomous District Councils which shall act as a cabinet of the Autonomous District Council. The Executive Committee shall have members not exceeding seven.
f. Bringing in Hill House Tax within the purview of the Autonomous District Council
g. More effective and active involvement of Hill Areas Committee in development and economic planning including budget planning and allocations for the entire Hill Areas for the State of Manipur.