If we are alert, it can be ensured that the provisions of the proposed Bill as drafted and approved by the last HAC are not diluted and made ineffective thereby defeating the very purpose of having a revamped and empowered law for the ADCs in the Hill Areas of Manipur.
By Ngaranmi Shimray
A. Below is some selected paragraphs of “The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972” quoted with reference to the news item dated 20th July,2022.
“4. Function of the Hill Areas Committee :-
(1) All Scheduled matters in so far as they relate to the Hill Areas shall be within the purview of the Hill Areas Committee.
(2) Every Bill, other than a Money Bill, affecting wholly or partly the 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; Provided that if any question arises whether a Bill attracts the provisions of this sub-paragraph or not, the question shall be referred to the Governor and his decision thereon shall be final:
(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.
(4) The Hill Areas Committee shall have the right to discuss the Annual Financial Statement in so far as it relates to the Hill Areas and to facilitate such discussion the said statement shall, as far as may be practicable, show separately the estimates of receipts and expenditure pertaining to the Hill Areas which are to be credited to, or is to be met from the Consolidated Fund of the State.
(5) In its functioning, the Hill Areas Committee shall endeavour to :-
(a) safeguard the interest of the people of the Hill Areas, particularly through accelerated development of these areas; and
(b) promote unity between the people of the Hill Areas and other areas of the State by aiming at an integrated and evenly based economic growth of those areas and augment the resources of the state as a whole.
5. Special provisions with regard to Bill affecting the Hill Areas – Any Bill referred to the Hill Areas Committee under sub-paragraph (2) of paragraph 4 may, if so recommended by the Hill Areas Committee, be passed by the Assembly with such variations as may be necessary in its application to the Hill Areas. “
B. In my understanding of the above cited provisions the last HAC, had drafted and approved the Manipur (Hill Areas) Autonomous District Council Bill in accordance with their functions under sub-paragraph (3) of paragraph 4 of The Manipur Legislative Assembly (HILL AREAS COMMITTEE) ORDER, 1972. The State Government seems to have now considered the approved draft Bill proposed by the last HAC and appears to be inclined to introduce the proposed Bill in the ensuing State Assembly. As per sub-paragraph (2) of paragraph 4 “Every Bill, other than a Money Bill, affecting wholly or partly the 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”. After this procedure, paragraph 5 is attracted and it states under caption “Special provisions with regard to Bill affecting the Hill Areas” that “Any Bill referred to the Hill Areas Committee under sub-paragraph (2) of paragraph 4 may, if so recommended by the Hill Areas Committee, be passed by the Assembly with such variations as may be necessary in its application to the Hill Areas.
C. This being the case, in short the proposed Bill will be introduced by the State Government in the Assembly and then referred to the HAC for consideration and report to the Assembly (Para 4(3). On receipt of the report from HAC, the Assembly would be required to pass the Bill as per provision of paragraph 5. It is interesting to note the words “with such variations as may be necessary in its application to the Hill Areas”. In this regard, please read paragraph 4(2) which states that “Every Bill, other than a Money Bill, affecting wholly or partly the 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”. Note the words “affecting wholly or partly the Hill Areas”. The proposed Manipur (Hill Areas) Autonomous District Council Bill is applicable only to the Hill Areas and affects only the Hill Areas. This being the case, the word “wholly” would apply and the provision “with such variations as may be necessary in its application to the Hill Areas” is not attracted as it is not partly applicable but wholly applicable to the Hill Areas and does not apply to any other parts of the State of Manipur.
I only hope that the Members of the HAC and the general public are informed to ensure that the processes are followed by the State Government and the Hon’ble Speaker of the Assembly. If we are alert, it can be ensured that the provisions of the proposed Bill as drafted and approved by the last HAC are not diluted and made ineffective thereby defeating the very purpose of having a revamped and empowered law for the ADCs in the Hill Areas of Manipur.
(Ngaranmi Shimray can be contacted at Email:[email protected])