The House assembled at 11.00 am of Tuesday, the 13th December, 2005 in the Assembly Hall with the Hon’ble Speaker, Dr. Md. Maniruddin Shaikh in the Chair.

 MEMBERS  PRESENT: 

            Hon’ble Chief Minister, 10 Cabinet Ministers, Chairman (Hill Areas Committee), 1 Minister of State and 45 Elected Members. 

QUESTIONS: 

            (a)       Hon’ble Minister of State (R.D. & P. R.) gave a reply to Starred Question No. 866
                        asked by Shri E. Biramani Singh, MLA regarding the works to be taken up under
                        P.M.G.S.Y. in Hiyanglam Constituency.           

            (b)       Hon’ble Minister (Power) gave a reply to Starred Question No. 867 asked  by
                        Shri Erabot Yumkham, MLA regarding the non functioning of  electricity
                        transformers at Lunghar, East District, Ukhrul. 

            (c)       Hon’ble Minister (Works) gave a reply to Starred Question No. 868 asked by  
                        Shri N. Bihari Singh, MLA regarding the construction of Salan Bridge (Khurai). 

            (d)      Hon’ble Minister (Works) gave a reply to Starred Question No. 869 asked by  
                      Shri N. Sovakiran Singh, MLA regarding the improvement of Wangjing-Salungpham
                      Road.           

            (e)      Hon’ble Minister (Revenue) made a reply to Starred Question No. 870 asked  by
                        Shri L. Ibomcha Singh, MLA regarding the allotment of land for Central
                        Agricultural University and ICAR. 

            (f)        Hon’ble Minister of State (R.D. & P. R.) gave a reply to Starred Question No. 871
                         asked by Shri S. Gopal Singh, MLA regarding the progress of works  taken up
                         under P.M.G.S.Y. at Moirang. 

            (g)       Hon’ble Minister of State (R.D. & P. R.) gave a reply to Short Notice Question
                        No. 7  asked by Shri M. Nilachandra Singh, MLA regarding the failure to complete
                        the construction of P.M.G.S.Y. roads in time.           

            Answers  to Unstarred Question Nos. 62, 63, 64, 65, 66 & 67 were laid on the Table of the House.

ZERO HOUR: 

            During Zero Hour, Shri L. Ibomcha Singh, MLA drew the attention of the House that the present Session of two days was too short to discuss the burning issues of the state. He expressed unhapiness over the time allocation of the BAC and referred to a news report in the local daily “Kangla Pao” that the short allocation of time of the Session was made despite the participation of Opposition leaders in the BAC Meeting. 

            Shri O. Joy Singh, MLA raised a point of order that the business of the Session was prepared by the Government and quoted rules that report of the BAC is debatable.  

            Shri M. Bhorot Singh, MLA drew the attention of the House to the escalation of the prices of essential commodities.           

            Shri Ningthoujam Biren, MLA referring to a newspaper report about the strike to be launched by the All Manipur Government Teachers’ Association, drew the attention of the House. He hinted on the disparity of superannuation of teachers in Manipur and other states and the guidelines of the UGC. He also highlighted the bad condition of Imphal-Kangchup Road and Imphal-Senapati Road. 

            Shri I. Hemochandra Singh, MLA drew the attention of the Power Minister to the failure of power supply for about two months in Singjamei and Yaiskul areas. 

            Shri P.S. Henry Paotei, MLA sought a statement regarding his notice for a Breach of  Privilege motion. 

            Shri S. Ibohal Singh, MLA drew the attention of the House to the agitation being launched by the Die-in-Harness Demand Committee and proposed for reviving the die-in-harness scheme. 

ANNOUNCEMENT OF BUSINESS: 

            Shri O. Ibobi Singh, Leader of the House announced the business of the House for this week. 

            Dr. Nimaichand Luwang, MLA raised a point of order regarding the process of summoning the present session. He pointed out that the total number of sitting days in the current year didnot reach 50 days, violating the rule in Rules of Procedure and Conduct of Business. 

            Shri O. Joy Singh, MLA proposed for breach of Privilege motion relating to the report in “Kangla Pao”. 

            Shri S. Ibohal Singh, MLA observed that the session was too short to discuss important state issues. Hence the misunderstanding among the opposition members. 

            Hon’ble Chief Minister stated that the session was scheduled for a short period because there were not too many business of the Government. He further clarified that some rules were not followed due to time constraint in the process of summoning the session. 

            Shri P. Parijat Singh, Art & Culture Minister observed that it would be better to examine the news report whether it is a case of breach of privilege or not. 

            Hon’ble Speaker observed that the matter would be taken up in the afternoon session after examining the contents of the news item.

PAPERS LAID ON THE TABLE: 

            Shri O. Ibobi Singh, Chief Minister laid a copy each of the following on the Table of the House:-

            (a)       The Manipur Value Added Rules, 2005.

            (b)       The Manipur Fiscal Responsibility and Budget Management Rules, 2005.

            (c)       The Gazette Notification No. 189 dated 20/10/2005 regarding Notification of  the
                        Manipur Right to information (Regulation of Fee and Cost) Rule, 2005.

            (d)       The Action Taken Report on Recommendation of 2nd Manipur State Finance
                         Commission. 

INTIMATION OF GOVERNOR’S ASSENT TO BILL: 

            The Secretary, Manipur Legislative Assembly intimated the House the Governor’s Assent to Bills;-

            (i)        The Manipur Panchayati Raj (Fourth Amendment) Bill, 2005 (Bill No.3 of 2005);

            (ii)       The Manipur Appropriation (No.3) Bill, 2005 (Bill No.4 of 2005);

            (iii)     The Manipur Appropriation (No.7) Bill, 2005 (Bill No.7 of 2005);

            (iv)      The Manipur Appropriation (No.8) Bill, 2005 (Bill No.8 of 2005);

            (v)       The Manipur Appropriation (No.9) Bill, 2005 (Bill No.9 of 2005);

            (vi)      The Manipur Fiscal Responsibility and Budget Management Bill, 2005
                         (Bill No.10 of 2005);

            (vii)     The Manipur Nursing Council Bill, 2005 (Bill No.5 of 2005);

            (viii)    The Manipur Municipality (Second Amendment) Bill, 2004 (Bill No.9 of 2004);

            (ix)      The Manipur Municipality (Third Amendment) Bill, 2005 (Bill No.6 of 2005);

            (x)       The Salaries and Allowances of Members of the Legislative Assembly (Manipur)
                         Seventeenth Amendment Bill, 2005 (Bill No.11 of 2005).  

PRIVILEGE MOTION: 

            Shri O. Joy Singh, MLA drew the attention of the House to a notice of breach of privilege under Rule 78(i) relating to a summon sent by Shri Ronald Keishing, Civil Judge Div. 1, Manipur (East) directing him to appear in the court on 9th December, 2005, at 10.30 a.m., the first day of the of the winter session of the Manipur Legislative Assembly. He said that it was a breach of privilege of the Member. 

            Dr. Nimaichand Luwang, MLA said that the summon was a clear case of breach of privilege and contempt of the House. Citing such similar instances, he stressed the need to give proper instruction to the judicial officers on how to deal with elected Members. 

            Shri O. Ibobi Singh, Chief Minister suggested that it would be more appropriate to refer the matter to the Committee of Privileges and Ethics. 

            The House referred the matter to the Committee of Privileges and Ethics.  

             (Hon’ble Speaker, Dr. Md. Maniruddin Shaikh adjourned the House at 1.10 p.m. till 2.10 p.m. of the day).

            (The afternoon session resumed at 2.10 p.m. with the Hon’ble Speaker, Dr. Md. Maniruddin Shaikh in the Chair). 

Shri O. joy Singh, MLA requested the Hon’ble Speaker to dispose the question of breach of privilege against the Editor of Kangla Pao relating to a news item of 12/12/05 before taking up any other business of the day.

            Hon’ble Speaker, Dr. Md. Maniruddin Shaikh adjouned the House till 2.30 p.m. and resumed at 2.30 p.m. 

The Hon’ble Speaker read out the news item and the House agreed to refer it to the Committee of Privileges and Ethics.

CALLING ATTENTION: 

            (a)       Dr. Nimaichand Luwang, MLA called the attention of Education (S) Minister on the reported fraudulent withdrawal of money from G.P.F Account. He mentioned the cases of such irregularities based on some of the leading local dailies not only in the Education Department but also in PWD. He expressed apprehension that there might be many more such cases in other departments also. He asked the concerned Ministers to take immediate measures in this connection and sought a precise statement. 

            Shri Francis Ngajokpa, Education Minister replying to the Calling Attention said that the matter had already come to the notice of the Department. He informed the House that befitting punishment had been meted out to those who were found guilty and some cases were referred to the Vigilance Department. He also mentioned the various preventive measures taken up by the Government in this regard. 

            Shri Th. Debendra Singh, Works Minister also made a clarification that the wrongdoers in the PWD were suspended and the investigation was going on. 

            Dr. M. Nara Singh, MLA observed that it was a serious issue and stern action should be taken up to prevent such open looting. He also made a suggestion that a House Committee should be constituted to conduct a probe into the matter. 

            Dr. Nimaichand Luwang, MLA further stressed the need to take a practical approach to recover the loss. 

            A House Committe was formed consisting of the following Members to examine such fraudulent case:- 

                        (1)       Dr. M. Nara Singh, MLA                              -           Chairman;

                        (2)       Shri Erabot Yumkham, MLA                        -           Member;

                        (3)       Shri L. Radhakishore Singh, MLA               -           Member;

                        (4)       Shri W. Brajabidhu Singh, MLA                  -           Member;

                        (5)       Shri M. Nilachandra Singh, MLA                -            Member;

                        (6)       Dr. Nimaichand Luwang, MLA                    -           Member; and

                        (7)       Shri M. Bhorot Singh, MLA                         -           Member. 

            (b)       Shri I. Hemochandra Singh, MLA called the attention of Chief Minister on the failure to solve the present agitation launched by the “All Manipur Pensioners Forum”. Highlighting the various problems faced by the pensioners, he alleged that the Government has not taken up any measure to solve this grave issue. He insisted the Government to take up concrete measures to address the problem faced by the pensioners. 

            Shri L. Ibomcha Singh, MLA also urged the Government to take up prompt remedial measures. 

            Shri O. Ibobi Singh, Hon’ble Chief Minister, replying to the Calling Attention said that the Government had no intention to neglect the pensioners and that discussion on several occasions with the All Manipur Pensioners Forum had been made. He informed the House that efforts would be made to release the pending dues of DA and arrears in two equal instalments by March next year. He said that the in-service employees were also exerting pressure to release their DA. He appealed to the agitating pensioners to call off the ongoing agitation by accepting the conditions. 

ANNOUNCEMENT OF THE SPEAKER: 

            Hon’ble Speaker, Dr. Md. Maniruddin Shaikh announced the House that Shri Samuel Jendai, MLA had applied for leave of absence from 9th December to 13th December, 2005.

            The House granted leave. 

SHORT DURATION DISCUSSION: 

            Shri L. Ibomcha Singh, MLA raised a discussion on the delimitation of Assembly Constituencies. Expressing concern on the abnormal growth of population in some hill districts, he asked the Government whether the census was conducted properly and suggested that a Fact Finding Committee should be constituted for conducting random house survey with videograph to examine the abnormal population growth. He insisted that even the members of the Delimitation Commission and DCs concerned should also be involved in the survey process of the census. 

            Shri S. Ibohal Singh, MLA participating in the discussion observed that the delimitation based on the 2001 Census Report would be wrong and wanted that the issue be handled carefully. 

            Shri M. Nilachandra Singh, MLA participating in the discussion observed that the delimitation issue should not create misunderstanding among the cross section of people.  

            Shri R.K. Thekho, MLA participating in the discussion endorsed the view of Shri L. Ibomcha Singh, MLA and suggested that census verification in the valley districts also be conducted. 

            Shri O. Ibobi Singh, Hon’ble Chief Minister replying to the discussion said that the state government had been intimated by the Delimitation Commission regarding the proposed delimitation exercise to be held at New Delhi on 23rd December as preliminary round and added that all party delegates would participate in the discussion and that the Delimitation Commission would be requested to maintain status quo. Earlier, a memorandun was submitted to the Delimitation Commission not to disturb the existing Assembly Constituencies, he said and added that the same had also been conveyed to the Prime Minister and the Union Home Minister. The state government was taking care to deal with the matter and the State Cabinet had also taken a decision and conveyed it to the Delimitation Commission to arrange the constituencies within the district itself wihout affecting the Assembly Constituencies, he informed the House. He said that in view of the delimitation move, the state government had detected some parts of valley and hill districts especially Senapati and Chandel as abnormal population growth. He further said that the opinion and suggestion of legal experts would be sought to see if there was need for constituting a Fact Finding Committee to ascertain the population growth. 

RAISING OF A MATTER WHICH IS NOT A POINT OF ORDER: 

            Dr. Nimaichand Luwang, MLA raised a discussion on the non-implementation of instruction of Government of India to the State Government for reservation of 22 points for OBC. He charged the Government for failing to implement reservation policy of the OBC in the state and urged the Chief Minister to take initiative for the implementation of reservation policy of OBC in the interest of the minority group and backward classes. 

            Shri O. Ibobi Singh, Hon’ble Chief Minister replying to the discussion said that the report of the Commission constituted under the Chairmanship of Justice Kaminikumar, Retd. High Court Judge was not received as yet and the government could not implement  the reservation policy for minorities and OBC. Moreover, the state government was facing dificulties to implement the reservation policy as the government of India had instructed to implement the reservation based on the census report, he added. 

DISCUSSION ON A MATTER OF PUBLIC INTEREST:  

            (a)       Dr. Nimaichand Luwang, MLA raised a discussion on the failure of the functioning of Administrative Units in Hill areas. He said that the government officers and school teachers posted at the hill districts did not attend their duties for long periods of time. He also highlighted the deplorable condition of roads at Tamenglong, I.T., Tamei, Ukhrul etc. which he had visited recently. He further pointed out the plights of the people living at Nungbi due to power failure and non distribution of S.K. Oil for the last three years. He further emphasised the need to hold the long pending election of the District Council and to entrust more developmental works of the hills to them for better efficiency. 

            Shri Z. Mangaibou, MLA participating in the discussion pointed out that basic amenities like healthcare, education, drinking water etc. were not available to the people living in the hill areas for a long time resulting to the feeling of alienation from the state. He further lamented the absence of a doctor at Tousem inspite of repeated request by him to the government ever since he got elected. Development of the hill area, he said, is a must in order to save the integrity of the state. 

            Shri Gaikhangam, Power Minister participating in the discussion said that backwardness of the hill areas were results of various long drawn problems and added that a structural change in the administration was required for development of these areas. He further highlighted the efforts of the Chief Minister and the government while taking up developmental activities in the remote hill areas. The development of Tamenglong, he clarified, was delayed due to the serious law and order problem created by the Naga uprising. He further clarified that roads of Tamenglong could not be repaired due to non-sanctioning of funds by NEC and added that some fund had been released recently for improvement of roads and other infrastructure development. He expressed hope that improvement would be possible with the fund. 

            Shri O. Joy Singh, MLA participating in the discussion observed that hill districts should be developed in order to avoid certain misunderstandings between the hill and valley people. He further pointed out the need for a changed administrative policy, a separate plan and a new outlook of the government regarding the development of the hill areas. 

            Shri Nongthombam Biren, MLA participating in the discussion said that the burning issue was the sense of alienation from the state by the people living in the hills and added that the politicians were responsible for such feelings. He further pointed out the need to take up some concrete steps to bridge the developmental gap between the hill and the valley. 

            Shri S. Ibohal Singh, MLA participating in the discussion observed that terrible condition of roads in the hill districts resulted to its economic backwardness. He wanted the  election of District Councils to be conducted to enable the Council to function properly. He opined that a collective and close monitoring of the districts by both ruling and opposition was required to assess the development activities. 

            Shri Phungzathang, Hills & Tribal Development Minister participating in the discussion admitted the lack of development in the hills and the failure of the district administration. He also pointed out various problems faced by officials posted in the hill areas. Schools under the District Council were functioning properly, he said, but basic amenities like healthcare, drinking water etc. were not available to the people of the hill areas. Non-implementation of the Sixth Schedule, he said, was the main reason for not holding the election of the District Council. Tribal Welfare Department located at Imphal should be utilised in the hill districts for better development of the hills, he said. 

            Replying to a query by Shri Salam Ibohal Singh, he clarified that the recommendation of Hill Areas Committee for introduction of Sixth Schedule was referred to a Cabinet Sub Committee for further examination after it was put up in the Cabinet. 

            (b)       Shri M. Nilachandra Singh,MLA raised a matter of public interest regarding the failure to give compensation to cultivators in and around Loktak Lake whose paddy fields measuring about 50,000 hectares were submerged due to the commissioning of the Loktak Hydro-Electric Project in 1983. He referred to a directive of the Imphal bench of the Gauhati High Court to the State Government to conduct an enquiry regarding the matter within six months. Drawing the attention of the minister concerned he enquired about the area of the submerged fields, the rate of compensation to be given and the time frame for the completion of the enquiry. 

            Shri Th. Debendra Singh, Revenue Minister replying to the discussion said that an enquiry was being conducted by an Enquiry Committee and their findings would be submitted to the court before 29-12-2005 which was the expiry date of the Enquiry Committee. The final decision regarding the matter would be as per the directive of the Court, he added. 

INTRODUCTION OF BILL: 

            Shri O. Ibobi Singh, Hon’ble Chief Minister informed the House that the Manipur Commission for Women Bill, 2005, would be introduced in the next session due to certain shortcoming and thus withdrew the Bill with the permission of the House.           

PRIVATE MEMBERS’ RESOLUTION: 

            Dr. Nimaichand Luwang, MLA, raised a Private Members’ Resolution that “ The Manipur Legislative Assembly resolved to demand the reversion of Kabow Valley to Manipur and also demand for continuation of Kabow Valley compensation payment to Manipur till such reversion”. Giving a historical accounts of Kabow Valley, he informed that Manipur conquered the Valley at around 15th century and that its boundary extend upto the eastern bank of Ningthi River. But after Major Grant and Capt. Pemberton of the British Empire handed over the Valley to Burma on 9 January 1934. Manipur received a monthly compensation of 500 sikas, he added. He further added that payment of the compensation ceased after Manipur merged with India on 23rd September, 1949. He, therefore, pressed for a resolution that the Valley be reverted to Manipur and payment of compensation be continued till such reversion. 

            Shri O. Ibobi Singh, Hon’ble Chief Minister, replying to the Private Members’ Resolution said that any hasty decision would be inappropriate as the issue was a very delicate one and suggested that it be referred to a Committee for a thorough examination. 

            The Hon’ble Speaker, Dr. Md. Maniruddin Shaikh, constituted a seven member House Committee to look into the matter. 

                        (1)       Shri C. Doungel, MLA                                  -           Chairman;

                        (2)       Md. Abdul Salam, MLA                                -           Member;

                        (3)       Shri Nongthombam Biren, MLA                  -           Member;

                        (4)       Dr. Nimaichand Luwang, MLA                    -           Member;

                        (5)       Shri O. Joy Singh, MLA                                -           Member;

                        (6)       Shri M. Nilachandra Singh, MLA                 -           Member; and

                        (7)       Shri M. Bhorot Singh, MLA                         -           Member.

            Hon’ble Speaker, Dr. Md. Maniruddin Shaikh made a valedictory statement and adjourned the House sine-die at 8.40 p.m.