ATSuM sticks to ADC Bill

 

ATSUM sticks to ADC Bill, submits Memo to Guv

IMPHAL, 1st,Sep' 2022:  REAFFIRMING  the pledge taken in its 2nd General Assembly on July 15 last at Haipi village in Kangpokpi district, the All Tribal Students’ Union Manipur (ATSUM) and its federating units apprised the Governor of two pertinent matters through a memorandum.

The tribal student’s apex body urged the Governor for immediate withdrawal of the Manipur (Hill Areas) District Council (Sixth Amendment) Bill 2022, which has now become an Act, as it is ‘not a Money Bill’.

Secondly, it urged the Governor for convening a ‘Special Session’ of the Manipur Legislative Assembly to table and discuss the Manipur (Hill Areas) Autonomous District Council Bill, 2021.

The memorandum signed by ATSUM President Paotinthang Lupheng and General Secretary SR. Andria highlighted “non-reference of Manipur (Hill Areas) District Council (Sixth Amendment) Bill, 2022 to the Hill Areas Committee by deceitfully presenting it as a Money Bill, contrary to the provisions of the Indian Constitution and for convening a Special Session of the House to table and discuss the Manipur (Hill Areas) Autonomous District Council Bill 2021” as the subject.

ATSUM stated that the memorandum was submitted to prevent the violation of the special provisions provided under the Indian Constitution for the protection of hill areas of the State of Manipur.

While apprising the Governor, ATSUM stated that the Government of Manipur has tried to bypass the acts/provisions envisaged for safeguarding the interests of peoples of the hill areas by passing of a Bill  wholly affecting and relating to the hill areas of State of Manipur, i.e. the Manipur (Hill Areas) District Council (Sixth Amendment) Bill, 2022 (Bill No. 15 of 2022) as a money Bill despite the fact that the amendments passed in the Bill does not deal with any tax, money from the contingency fund of the State, declaration of any expenditure from the Consolidated Fund of the State i.e. matters spelt out in the definition of  Money Bills in Article 199 of the Indian Constitution.

The Bill is the exact copy of the Manipur (Hill Areas) District Councils (Sixth Amendment) Ordinance, 2021 amending the Manipur (Hill Areas) District Councils Act, 1971 (Act No.76 of 1971) which was placed before the Hill Areas Committee for consideration as per the law and which the HAC refused to entertain but eventually the same was withdrawn by the Government of Manipur itself in the year 2021, it stated.

It also stated that during the recently concluded Assembly session, the same ordinance was masqueraded as a money Bill and presented in the House in order to bypass the requirement of placing it before the HAC.

As per the provisions of Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 (Presidential Order of 1972), read with Article 371C of the Constitution of India, every Bill other than a Money Bill affecting the hill areas of Manipur be referred to the HAC for consideration and only on being recommended by the HAC it may be passed by the Assembly, the memorandum stated.  

While highlighting a brief factual matrix of the provisions affecting Manipur, ATSUM stated that in the year 1971 Article 371C was inserted in the Indian Constitution by way of the Constitution (Twenty-seventh Amendment) Act, 1971.

Article 371C provides for special provision with respect to the State of Manipur. As per Article 371C, the President was empowered to issue an order with respect to the State of Manipur, providing for the constitution and functioning of a committee of the Legislative Assembly of the State consisting of Members of that Assembly elected only from the Hill Areas of Manipur. The Constitution (Twenty-seventh Amendment) Act, 1971 was brought into effect on February 15, 1972, it maintained.

On March 13, 1972, the Parliament passed the Manipur (Hill Areas) District Councils Act, 1971 (1971 Act) [which is being amended herein by the Bill i.e. Bill No.15 of 2022] providing for establishment of District Councils in the Hill Areas of Manipur. The 1971 Act has been amended several times, one of them being in the year 2008, the present operational Act, it stated.

On June 20, 1972, the President of India in exercise of the powers conferred under Article 371C of the Constitution of India, passed the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 (Presidential Order of 1972). The Presidential Order of 1972 provided for the constitution of the Hill Areas Committee and also listed down the matters that shall fall within the purview of the Hill Areas Committee, it stated.