The All Tribal Students Union, Manipur has set September 30 deadline for tribal MLAs to quit in protest against the three controversial bills. In a critique issued on Tuesday, the student body said that the Assembly has committed a constitutional blunder intentionally while introducing and passing of the three Bills as it does not follow the mandatory rules of procedures and conduct of Business under section 4 Clause 1 and 2 which reads as (1).
According to the critique, the protection of Manipur People Bill 2015 passed by the assembly is indicative of the deliberate intention of the group of ministers to infringe on the Rights and Privileges of the tribal people and gross violation of Article 371C of the Indian Constitution because every bill other than Money Bill affecting wholly or partly the Hill Areas and containing mainly provisions dealing with any of the scheduled matter shall after introduction in the Assembly be referred to the Hill Areas Committee for consideration and report to the Assembly of the Manipur Legislative Assembly envisaged under Article 371C of the Indian Constitution.
The Protection of Manipur People Bill 2015 is highly objectionable clauses which are clinically designed to deprive and further marginalised the tribal of their rights and traditional lands. Section 2 of the Bill reads “It shall extend to the whole of Manipur” means the entire geographical area including of Hill Areas, said ATSUM.
The terms ‘any land in the state of Manipur’ in the same section implies that the Manipur Land Revenue and Land Reforms Act(MLR & LR) shall be extended in the Hills Areas of Manipur apart from the proviso to sub section of Section 1 as per Manipur Land Revenue and Land Reforms Act No. 13 of 1976 published in Manipur Gazette dated 24-5-1976 wherein large pockets of plain areas of Churachandpur, Ukhrul, Senapati, Sadar Hills and Tamenglong districts had been the accumulated by the GoM by means of systematic encroachment of tribal lands in the name of development.
ATSUM observes that Section 14 B pages 3 of the Bill which empowers the state cabinet to approve purchase of any land in the state is a complete disregard to the HAC because the HAC is the sole authority in matters pertaining to Hill Areas. Therefore, the cabinet has nothing to do with allotment of land. By virtue of Article 371C, the cabinet is incompetent to consider the matter without the consent and knowledge of the HAC in all matters relating to Hill districts.
The critique said the Manipur Shops and establishment(2nd Amendment) Bill 2015 attracts social and customs, which is enshrined in the Schedule matters, clause (12) under the Second Scheduled of the Hill Areas Committee order, 1972 because Shops and Establishment shall be established not only in the valley areas but also in the Hill Areas as well and yet the Bill was passed without referring to the HAC for consideration which is against the Rules of procedure and conduct of business in Manipur Legislative Assembly.
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