Clarification issued by CM Secretariat, Government of Manipur
- On 3 Bills related to ILP in Manipur -

7th September 2015

Annexure to the clarification issued by CM Secretariat, Government of Manipur

I. THE PROTECTION OF MANIPUR PEOPLE BILL: 2015

Apprehensions of the people living in the hill areas and the agitation was against Section 2 (b) and (c) of the Bill which reads as follows:
"Section 2
(b) "Manipur people" means persons of Manipur whose names are in the National Register of Citizens, 1951, Census Report 1951 and Village Directory of 1951 and their descendants who have contributed collective Social, cultural and economic life of Manipur;
(c) "Non-Manipur persons" means a person who is not covered by Clause (b) of Section 2, and who intends to visit the State of Manipur with a Pass , issued under sub-section (4) of section 4;"

It is clarified that Section 2 (b) is intended for outsiders/non Manipur persons who migrated into the State since 1951 and does not apply to the people of Manipur who were born and lived in the State. This is clearly explained in Section 8 (a) and (b) of the act which is reproduced below:
"Section 8 of the Act..
The provisions of this Act shall not apply to:-
a) the native people of the State of Manipur;
b) persons employed in connection with affairs of the Union Government, the, State Government, Public Undertaking and persons employed by a local authority, high dignitaries, students of educational institutions situated in the State or such other persons as may be determined by the State Government from time to time."

It is also clarified that under Section 8(a) native people includes all sections/tribes living in Manipur (hills and valley). And hence, the apprehension that the tribal people who were then residing but not registered in the Census of 1951 cannot live in Manipur is totally false and misleading.

Section 8(b) provides those who are exempted from the provisions of the Act which includes persons employed by the Union or State Government and other Public Undertakings, non Manipur students of educational institutions, etc as may be determined by the State Government from time to time.

The base year 1951 was arrived only for the purpose of registering Non-Manipur people who enter the State in order to prevent further influx of outsiders which is clearly defined in Section 4(1) of the Act as given below:
"Section 4(l)
At the commencement of this Act, every Non-Manipur person entering the State shall register himself with the registration authority designated under Sub-section (3) of this Section.

In case the above clarification is still found to be unsatisfactory, it is appealed that further amendment to the Act can be carried out if the details of the provisions which are considered affecting the people of the hill areas are clearly brought out.

Hence, there is no need to panic for the native people of Manipur.

II. THE MANIPUR LAND REVENUE AND (SEVENTH AMENDMENT) BILL, 2015

The MLR and LR (Seventh Amendment) Bill, 2015 is a Bill to regulate the purchase and sale of land to Non Manipur Persons within those areas where the Act is enforced. This Bill does not affect the tribal areas of Manipur, rather it is intended to introduce a mechanism for purchase and sale of land by and to Non Manipur Persons only in areas in Manipur where the MLR and LR Act is enforced.

A regulatory Clause has been inserted under section 14 of the Principal Act 14A (l)-(4) that in the event of any compelling circumstances whereby if any Non Manipur person, firms or any other entity or any Govt. Institution etc. intends to purchase the land in Manipur, he shall submit his application in the prescribed form to the Deputy Commissioner of the District concerned and the Deputy Commissioner shall solicit recommendation from Local Body/Local Self Government and submit the application along with the report of such inquiry to the Government. The State Government shall process the matter with the approval of the Cabinet under subsection (3). This is just a regulatory mechanism to be implemented as and when the need arises. Portion of the Clause is reproduced below:
"No.l4A.
(1) Notwithstanding anything contained in this Act, Non-Manipur persons, firms, institutions or any other similar entities who intend to purchase any land in the State of Manipur shall submit an application to the Deputy Commissioner of the district concerned where the land to be purchased is situated for obtaining the prior approval of the State Government before such purchase of land is made by him.

(2) For the purpose of sub-section (1), an application shall be made in the prescribed form and shall contain the particulars of the said seller, classification of the land, patta no., dag no. area of the land and the purpose for use of the land and such other particulars as may be prescribed.

(3) The Deputy Commissioner on receipt of an application solicit recommendation from Local Body/Authority/Local Self Government and thereafter shall make an inquiry in respect of the application received under sub-section (2) in such manner as may be prescribed and shall submit the application along with the report of such inquiry and his comments to the State Government.

(4) The State Government shall, on receipt of the application and the report under sub-section (3), process the matter for its final decision.

Provided that the State Government shall grant its approval to the said sale of land only after obtaining the approval of the State Cabinet."

MLR & LR Act does not extend to the hill areas of Manipur and the present Seventh Amendment does not, in any way, make any provision for extension of the Act to the Hill areas. Hence, the question of referring the Bill to the Hill Areas Committee does not arise as it does not cover any of the Scheduled Matters as laid down in the Second Schedule of the Manipur Legislative Assembly (HAC) Order, 1972 and is not intended to be implemented in the Hill areas of Manipur. The people of Manipur especially those living in the tribal areas need not fear on the enactment of the said bill.

III. THE MANIPUR SHOPS AND ESTABLISHMENTS (SECOND AMENDMENT BILL, 2015)

This Bill is intended to regulate a registration process for any shop owner who wants to employ any person in his shop or establishment so that the employees of such shops and establishments are registered and identity cards issued. This bill is solely for the benefit of the employees of such establishments. Any offending shop owner shall be liable to pay a fine of rupees five thousand.

Hence, the fear/doubt that has been circulating amongst the general public especially in the hill districts is a false propaganda as can be seen in the provisions below:
"Section 7A ( 2)

Every employer shall register the names and particulars of every employee employed by him within a week of such employment with the Registering Officer.
Section 7A (3)

An employer who fails to register an employee under sub-section (2) shall be liable to pay a fine of rupees five thousand.
Section 7A(4)

The registering Officer shall issue, in such form and in such manner as may be prescribed, an identity card to such registered employee.

Section 7A (5)
The identity card issued under sub-section (2) shall be valid for a period of One year from the date of registration of the employee by the Registering Offer and shall be renewable for every one year. The employee shall surrender his identity card to the employer on cessation of his employment by the employer. The employer shall immediately furnish to the Registering Officer the name and particulars of the employee who ceased to be his employee."

Hence, there is no question of this Bill affecting hill areas.

(N Ashok Kumar,
Secretary to Chief Minister,
Govt of Manipur)