No. 112
Monday, the 29th May, 2006.
Jyaistha 8, 1927 (Saka) 

The House assembled at 11.00 am of Monday, the 29th May 2006 in the Assembly Hall with the Hon’ble Speaker, Dr. Md. Maniruddin Shaikh in the Chair. 

MEMBERS PRESENT: 

            Hon’ble Chief Minister, 11 Cabinet Ministers, Chairman (Hill Areas Committee), and 46 Elected Members. 

QUESTIONS:  

(a)    Hon’ble Chief Minister made a reply to Starred Question No. 1009 asked by  Shri L. Ibomcha  Singh, MLA regarding the Power and functions of PDA Chairman. 

(b)    Hon’ble Minister  (IFCD) made a reply to Starred Question No. 1010 asked by Shri S. Chandra Singh, MLA regarding the functioning of Thoubal Right Main Canal. 

(c)    Hon’ble Chief Minister made a reply to Starred Question No. 1011 asked by  Shri Th. Tomba Singh, MLA regarding the staff of Sub-Treasury Office, Kakching. 

(d)    Hon’ble Chief Minister made a reply to Starred Question No. 1012 asked by   Shri M. Bhorot Singh, MLA     regarding the information regarding the missing of  S.I. Kumar. 

(e)    Hon’ble Minister (Family Welfare) made a reply to Starred Question No. 1008  asked by Shri L. Radhakishore Singh, MLA regarding the functioning of canals  under IFCD. 

ZERO HOUR: 

            During Zero Hour, S/Shri Nongthombam Biren Singh, Dr. Nimaichand Luwang and O. Joy Singh, MLAs quoted the 27th May, Matamgi Yakairol publication and drew the attention of the Chief Minister on the provocative and undemocratic statement of the Nagaland Chief Minister, Shri Neiphieu Rio at a meeting held at Tadubi. They expressed the view that it was condemnable and that the House should react to it under an appropriate motion.           

            Shri L. Ibomcha Singh, MLA raised matters on the issue of fake surrenderee, decision of the UGC to cancel recognition of 18 colleges, decision of the PHED employees to join the strike called by JAC of AMTUC and AMGEO and the proposed bandh in some areas of Senapati district on census issue. 

            Shri Henry Paotei, MLA also raised a matter on the proposed bandh on census issue in Senapati district. 

            The Hon’ble Chief Minister, Shri O. Ibobi Singh said that the Nagaland Chief Minister’s unauthorised entry into the territory of Manipur was a serious issue and it could be discussed incorporating the calling attention motion to be raised by Shri L. Ibomcha Singh, MLA.. 

ANNOUNCEMENT OF BUSINESS: 

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

PAPERS  LAID  ON  THE  TABLE: 

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

1)     The payment of Vehicle or Housing Loan to the Ministers (Manipur) Rules, 2006.

2)     The payment of Vehicle or Housing Loan to the Speaker and Deputy Speaker of the Legislative Assembly (Manipur) Rules, 2006. 

3)     The payment of Vehicle or Housing Loan to the Deputy Chairman of the State planning Board (Manipur) Rules, 2006. 

4)     The payment of Vehicle or Housing Loan to the Chairman of the Manipur Legislative Assembly (Hill Areas Committee) Rules, 2006. 

5)     The Gazette Notification No.66 dated 24/5/06 regarding the Manipur public Servants’ Personal Liability Rules, 2006. 

REPORTS  LAID  ON  THE  TABLE: 

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

1)     Report of the Comptroller and Auditor General of India for the year ended 31st March, 2005. 

2)     Finance Account, 2004-2005, Government of Manipur. 

3)     Appropriation Accounts, 2003-2004, Government of Manipur. 

INTIMATION TO GOVERNOR’S  ASSENT TO BILL: 

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

(1)    The Manipur Appropriation (No.1 )  Bill, 2006 (Bill No. 2 of 2006). 

(2)    The Salaries and Allowances of Ministers (Manipur) Tenth Amendment Bill, 2006 (Bill No. 5 of 2006). 

(3)    The Salaries and Allowances of Speaker and Deputy Speaker of the Manipur Legislative Assembly (Manipur) Amendment Bill, 2006 (Bill No. 8 of 2006). 

(4)    The Salaries and Allowances of Chairman of the Manipur Legislative Assembly (Hill Areas Committee) Second  Amendment Bill, 2006 (Bill No. 6 of 2006). 

(5)    The Salaries and Allowances of Deputy Chairman of the State Planning Board (Manipur) Third Amendment Bill, 2006 (Bill No. 7 of 2006). 

(6)    The Manipur Loktak Lake (Protection) Bill, 2006 (Bill No. 10 0f 2006). 

(7)    The Manipur (Hill Areas) District Councils (Second Amendment) Bill, 2006 (Bill No. 11 of 2006). 

(8)    The Manipur Municipality (Fourth Amendment) Bill, 2006 (Bill No. 4 of 2006). 

(9)    The Manipur Public Servants’ Personal Liability Bill, 2006 (Bill No. 9 of 2006). 

(10)  The Manipur Appropriation (No. 2) Bill, 2006 (Bill No. 3 of 2006). 

CALLING  ATTENTION: 

            S/Shri O. Joy Singh and S. Ibohal Singh, MLAs called the attention of the Home Minister on the alleged custodial torture on the person of the family members of Shri O. Joy Singh. 

            Shri O. Joy Singh, MLA said that the custodial torture was a crime and not  permissible. He expressed that his family members were all political workers and at the time of the arrest, no arrest memo was issued. He pointed out the torture of his 3 sons by Imphal City O.C. under his custody and said that such action would degrade the police forces. He wanted the Chief Minister to take necessary action and not to let the erring officer go scot  free. 

            Shri S. Ibohal Singh, MLA  co-mover of the motion expressed that only necessary interrogation or investigation could be taken up in police custody and alleged that safe custody was not provided to the arrested ones. He condemned the unbecoming act of the police and pointed out  the need to stop such excesses and adopt a civilised method. 

            Dr. Nimaichand Luwang, MLA supporting the motion said that effective measures should be taken up to prevent such excesses. The image of the police should be changed for a better one so that the public could feel secure at their sight, he observed. He expressed suspicion that the act of the police might be the instigation of some vested interest. He wanted the Chief Minister to furnish the report of the departmental enquiry conducted on the case at the earliest. 

(Hon’ble Speaker, Dr. Md. Maniruddin Shaikh adjourned the House at 1.05 p.m. till  2.10 p.m. of the day).

            (The afternoon session resumed at 2.30 p.m. with the Hon’ble Speaker, Dr. Md. Maniruddin Shaikh in the Chair). 

Shri O. Ibobi Singh, Chief Minister replying to the call attention motion said that the incident of 13th April, 2006 was happened on the pretext of the violation of Court’s injunction order in respect of MPP’s office. Four persons were arrested for the violation of the court order, he added. He informed the House that physical injuries might have been caused to the victims when the police personnel tried to control the situation. He further informed that a departmental enquiry headed by an SDPO was being undertaken to examine the matter and the enquiry would be completed by June. After submitting the report, necessary action would be taken up accordingly. 

            Shri O. Joy Singh, MLA urged the Chief Minister to expedite the enquiry and expressed the desire to move a breach of privilege motion against the involved police personnel. 

            Hon’ble Speaker informed the mover of the motion to submit a notice of the breach of privilege and contempt of the House.  

SHORT DURATION DISCUSSION: 

            Shri I. Hemochandra Singh, MLA raised a discussion on further widening of National Highway No. 39 from Krishna Premi Oil Pump upto Singjamei parking. He said that a notification from the Imphal Municipal Council to reserve three metres of land for free space inside the patta land had caused a lot of inconvenience to the public of that area and wanted a clear-cut statement from the Chief Minister on the matter. He also expressed the desire to amend Imphal Municipality Building bye-laws. 

            Shri R.K. Dorendra Singh, MLA participating in the discussion said that the notice from Imphal Municipal Council to reserve 3 metre of land had caused more anxiety to the aggrieved family of the area amidst a problem of the present eviction drive and wanted a clear-cut statement from the Chief Minister. He also expressed the desire to increase the rate of compensation  after reassessment. 

            Shri L. Ibomcha Singh, MLA participating in the discussion observed that the Imphal Municipal bye-laws was outdated and added that the bye-laws should be amended. 

            Shri Govindas Konthoujam, Minister (Works) replying to the discussion said that widening of national highway no.39 was done in view of the increased traffic volume and added that the free space of 3 metres to be provided by the public was for the convenience of the public. He informed the House that the government had no intention to acquire 3 metre of land at present. 

            Chief Minister Shri O. Ibobi Singh said that the widening of NH-39 was done under a series of cabinet meetings. He informed the House that the government had no intention for the present to acquire three metre of land from the public. Regarding the Imphal Municipal building bye-laws, he stressed the need to amend it. He informed the House that appropriate action would be taken up for the increase of compensation rate after the reassessment report was submitted to the government. 

DISCUSSION ON A MATTER OF PUBLIC INTEREST:           

            Shri L. Ibomcha Singh, MLA raised a discussion on the recent visit of Chief Minister to Senapati District. Initiating the discussion, he observed that the statement recently made by the Chief Minister of Nagaland at Tadubi was a serious matter that would affect inter-state relations and added that his statement was to incite communal ill-will between the two states. He said that the Manipur Legislative Assembly should take a resolution to condemn the Chief Minister of Nagaland and apprise the Centre on the matter. He also pointed out the security lapses during the visit of the Chief Minister of Manipur to Senapati. 

            Shri Nongthombam Biren, MLA participating in the discussion observed that the visit of the Nagaland Chief Minister at Tadubi without any official information was very unfortunate. If he had academic knowledge about the inter state relations, his provocative statement would not have been given, he added. He said that the state government should apprise the Centre to take action against the Nagaland Chief Minister and a resolution for his condemnation be taken not to recur such incident in future. 

            Dr. Nimaichand Luwang, MLA  participating in the discussion observed that the incident at Tadubi during the visit of the Chief Minister of Manipur was very unfortunate and added that the statement of  the Chief Minister of Nagaland was to incite  communal hatred among the people and that it was condemnable by the House.   

            Shri K. Ranjit Singh, MLA participating in the discussion observed that the unauthorised entry of the Chief Minister of Nagaland to Manipur had violated the Constitution of India and wanted the Centre to take action against him. He appealed to all concerned to co-exist peacefully and stay away from communal hatred. He also stressed the need to take a House Resolution for condemning his statement and also for apprising the Centre.  

            Shri I. Hemochandra Singh, MLA participating in the discussion observed that the Government should take up steps not to recur such incident as happened during the visit of the Chief Minister of Manipur to Senapati and wanted a firm resolution  to be taken condemning the statement made by  the Chief Minister of Nagaland and also to apprise the Centre to look into the matter. 

            Shri M. Bhorot Singh, MLA participating in the discussion pointed out that the incident of displaying of festoon by some youths and Mr Neiphio Rio, Chief Minister of Nagaland  entering Manipur without giving any information and giving provocative speech at a function at Tadubi were very unfortunate and added that such incidents should not be ignored. He suggested for charting out a long term solution by the 60 MLAs collectively to tackle the volatile situation of Manipur and to counter the instigation policy of NSCN(IM). 

            Dr. M. Nara Singh, MLA  participating in the discussion called Mr. Neiphio Rio, Chief Minister of Nagaland a trespasser and said that his behaviour was very unbecoming of a Chief Minister. He further said that such provocative outburst by an outsider , which could cause disharmony and bloodshed should be rejected outright and condemned. He also suggested that the Chief Minister should take up the matter to the Prime Minister. 

            Shri S. Ibohal Singh, MLA participating in the discussion said that the peace talk between the Government of India and the NSCN(IM) would continue but the Government of India would respect the resolution adopted four times by the Manipur Legislative Assembly for keeping the boundary of the state intact. He termed the speech of Mr. Rio, Chief Minister of Nagaland, as an immature expression lowering the dignity of a Chief Minister. The House, he added, should warn the Nagaland Government not to repeat such an act and the sentiment of the House should be conveyed to the Prime Minister.            

            Shri O. Ibobi Singh, Chief Minister clarifying to the discussion said that the unwanted incident at Senapati was an immature act by some instigated youths. He further termed the statement of the Chief Minister of Nagaland at Tadubi of Manipur as an irresponsible one. He further informed that such unwanted incidents were conveyed to the Union Home Minister during his recent visit to Delhi. He also endorsed the passing of a resolution by the House condemning such act of trespassing by a Chief Minister of a neighbouring state and trying to create disharmony among the people of Manipur. He also clarified that the festoon was seized and an FIR had been lodged to apprehend the culprits. A departmental enquiry, he said, was also being conducted to find out any security lapses to award punishment to the erring police officials. 

            The House unanimously adopted the following resolution :-           

            “This House in its sitting held on 29-5-2006 discussed the statement made by the Hon’ble Chief Minister of Nagaland in his recent visit to Tadubi within the territory of Manipur on 26 -5-2006. 

(1)    that the Naga MLAs of Manipur should support the issue of the integration of the Naga inhabited areas under one administrative unit ; and 

(2)    the declaration made by him for giving award to the two youths who welcomed the Chief Minister with festoon in hand with the writings    

“WELCOME TO SOUTH NAGALIM
SHRI IBOBI SINGH
 HON’BLE C.M. MANIPUR” 

            The House seriously viewed such statement made by the Chief Minister of Nagaland and considered it to be one which attempts to bring into hatred or contempt as well as disunity between the people of the neighbouring two states. Such statement is considered to be an act of irresponsibility which is far below the dignity of a Chief Minister of a state. 

            While condemning such an act of the Chief Minister of Nagaland the House unanimously resolved to apprise this fact to the Hon’ble Prime Minister of India and his Council of Ministers to advise the Chief Minister of Nagaland to refrain from such acts in the greater interest of promoting peace and harmony in the region without disturbing their respective territorial integrity which continued to be maintained from time immemorial.”                                   

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

            Shri S. Ibohal Singh, MLA raised a discussion on the disadvantages caused to the fishermen in and around the Loktak Lake consequent upon the enactment of the Loktak Lake (Protection) Act, 2006. He pointed out that certain amendment was necessary while framing the rules. He wanted amendment in the inclusion of 3 Revenue Villages namely Karang, Thanga and Ithing within the Core Zone of the act, relaxation of fishing restriction to a certain extent and giving adequate compensation for the Athaphums. He further suggested for constituting a high level committee headed by the Chief Secretary to examine various aspects of the fishermen residing at Loktak Lake.  

            Shri O. Ibobi Singh, Chief Minister, replying to the discussion said that adequate compensation would be given to fishermen for their Athaphums and on top of that fishing nets, plastic fishing boats etc. would also be given to the fishermen and added that fund for all these had already been sanctioned by NEC. All the MLAs from the periphery of the Loktak Lake would be consulted and their suggestions accepted and incorporated while framing the rules, he said. 

DISCUSSION ON A MATTER OF PUBLIC INTEREST:           

            1)        Shri B.D. Behring, MLA raised a discussion on the repeated postponement on holding DPC for recruitment of Undergraduate teachers under Chandel Autonomous District Council. He questioned the reason for the repeated postponement of the DPC while DPC for other hill districts had been conducted. He pointed out that 144 teachers appointed on adhoc basis long time back had been interfering in the process of conducting DPC at Chandel. Pointing out various discrepancies in the appointment process of Pre Primary and Primary teachers, he urged the government to clarify them. He further asked the government whether there was any plan to clear the pending case of the adhoc teachers and to conduct DPC for fresh recruitment of teachers for Chandel District. 

            Shri Phungzathang Tonsing (Minister Hills and Tribal Development) replying to the discussion said that DPC for the recruitment of teachers for other hill district had already been completed but for Chandel District it was delayed due to intervention by the 144 Adhoc teachers who were claiming their regularisation and some social organisations. He further said that the government is minutely examining the authenticity of the case of the 144 adhoc teachers and negotiation with the social organisations were under way so that the DPC for recruitment of new teachers for Chandel district could be conducted smoothly. The issue, he admitted, was a controversial one and that the government would take a decision soon. 

            2)        S/Shri L. Ibomcha Singh and O. Joy Singh, MLAs raised a discussion on the payment of ex-gratia to late Dhiraj Verma, IAS. 

            Shri L. Ibomcha Singh, MLA referring to his Starred Question No. 1007, expressed concern over the non-availability of documents to the House regarding the payment of ex-gratia to late Dhiraj Verman who died in an accident. He alleged that no similar facilities were given to the family members of state police and civil officers who were killed on duty. Inspite of assurance given by the Hon’ble Chief Minister in the House, the government had not given employment to the son of ADC Moreh , who was killed on duty, whereas a latter claimant, who was the son of a teacher expired from natural death , was given employment as an Inspector of Taxes under the die-in-harness scheme. He expressed concern over the government’s discriminatory treatment.   

            Shri  O. Joy Singh, MLA, participating in the discussion observed that there was discrimination, favouritism and nepotism in giving employment under die-in-harness scheme. He proposed for uniform economic package and employment benefits under die-in-harness scheme. 

            Shri O. Ibobi Singh, Hon’ble Chief Minister, replying to the discussion, said that the then government provided the ex-gratia and other benefits to the bereaved families of Dhiraj Burman, IAS and Dasarath Prasad, IAS, who died in 1999, without the recommendation of the Cabinet. Regarding the matter of giving employment to the son of ADC Moreh, he informed the House that the process was almost completed. He also informed the House that the government would formulate a system of such benefits.  

            3)        Dr. Nimaichand Luwang, MLA raised a discussion on the failure of the Government to set up the State Information Commission for providing information under the Act. Quoting some provision of the Act, Dr. Nimaichand Luwang emphasised the importance of the act. He asked why the state information commission had not been formed yet inspite of the assurance given by the Hon’ble Chief Minister in the House in the last session. Expressing concern, he said that he sought relevant information from departments concerned regarding the written test of recruitment of Riflemen and road construction works of the PWD but he had not obtained them yet. He suspected of mark tempering in the written test mentioned above. 

            Shri O. Ibobi Singh, Hon’ble Chief Minister, replying to the discussion informed the House that state Information Officers had been appointed under the Right to Information Act, 2005 and that implementation would take some time. He strongly denied the charge of mark tempering for manipulation in the written test of recruitment of Riflemen. Regarding the State Information Commission, he clarified that all formalities were nearing completion to make it functional.  

CONSIDERATION AND PASSING OF BILL: 

            Shri O. Ibobi Singh, Chief Minister moved that the Manipur Legislative (Removal of Disqualifications) Fourth Amendment Bill, 2006 be taken into consideration. 

            Shri Th. Debendra Singh (Law Minister), pointed out some omissions and commissions in the Bill regarding LDA and Hill Areas Committee. 

            Shri B.D. Behring, MLA supporting the bill observed that Indian Constitution is very flexible. He sought clarification as to whether the three financial committees of the Assembly were exempted from Office of Profit.  

            Dr. Nimaichand Luwang, MLA observed that passing the bill in retrospective effect was a means of safeguarding all MLAs, irrespective of the Ruling or Opposition, who were holding chairmanship of certain offices at one time or the other. 

            Md. Abdul Salam, MLA, supporting the bill made some observations regarding WAQF Board.  

            Shri M. Bhorot Singh, MLA made observations regarding Article 191 of Indian Constitution and also about its flexibility. 

            Shri Th. Debendra, (Law Minister) clarified that taking effect of the bill from 1973 was for safeguarding all MLAs for holding offices of any kind. 

            Shri S. Ibohal Singh, MLA, observed that taking retrospective effect was for removing the legal lacuna.

            After clause by clause consideration, the House unanimously passed  the Manipur Legislature (Removal of Disqualifications) Fourth Amendment Bill, 2006.  

            The Hon’ble Speaker gave a valedictory speech. 

            Dr. Nimaichand Luwang MLA sought clarification  regarding the non-furnishing of relevant documents regarding the appointment of 144 work charged employees in Electricity Department and Hon’ble Speaker gave a ruling to discuss it in the next session.  

            Hon’ble Speaker Dr. Md Maniruddin Shaikh  adjourned the House  sine-die at 8.40 p.m.