Who was responsible for MRVT&MW Bill 2015 without punishment clauses and what to do now ?
- Part 1 -

Dr. Khomdon Lisam *

Manipur Regulation of Visitors, Tenants and Migrant Workers (MRVT&MW) Bill 2015 which was passed by Manipur Legislative Assembly on March 16 2015

Who was responsible for passing the Manipur Regulation of Visitors , Tenants and Migrant Workers Bill -2015 without punishment clauses and what to do now ?

Mr. L. Ibomcha Singh, Hon'ble MLA in his article under the caption " An Open Letter to the Deputy CM of Manipur- Another View on the Status of ILP System in Manipur ", which appeared at the Sanagai Express dated 21 April, 2015 wrote " I apprised the Committee of the legislative competency of the State Legislature to enact a new law under article 19 (5) read with article 35 ( Parliament shall have and the Legislature or a State shall not have power to make laws for prescribing punishment for those acts which are declared to be offences under this Part) to impose the restriction on the entry into or exit from the State of Manipur in the interest of the general public or for the protection of the general interest of the Scheduled Tribe but without penal provision.

Mr. L. Ibomcha Singh is not an ordinary MLA. At one time , he was the Secretary of Law under the Government of Manipur. That is why people of Manipur has very high expectation from him. That is why the Hon'ble CM has much reliance and confidence in Shri L. Ibomcha Singh in drafting the present bill although he is Opposition MLA. The statement of Mr. L. Ibomcha Singh, Hon'ble MLA is an open declaration that he himself was responsible for passing the bill without punishment clauses.

The question of passing the present bill without punishment clauses is very serious, crucial and critical matter at this stage. This reflects the knowledge, expertise, experiences and credibility of Mr. L. Ibomcha Singh as a legal expert. The open declaration of Mr. L. Ibomcha Singh, Hon'ble MLA tends to suggest that the Indian Constitution, in his opinion, does not give powers to the State Legislature to enact laws with punishment clauses.

Accordingly , he must have advised the Hon'ble Chief Minister, his cabinet colleagues, other Hon'ble MLAs, members of the All Political Parties Committee, members of the Drafting Committee to pass the present bill without punishment clauses. The present Bill was passed as per his advice . This might be the reason as to why he did not join in the opposition walk out when the present bill was passed. The sole credit or discredit for passing the present bill without punishment clauses goes to Mr. L. Ibomcha Singh, Hon'ble MLA.

It appears from his writing that the legal exercise of Mr. L. Ibomcha Singh, Hon'ble MLA, the members of the Drafting Committee, the Hon'ble MLAs, members of all political parties committee, members of the Drafting Committee and officers of the Law Department was confined to article 19 (5) and article 35 of the Indian Constitution . They have not gone further to examine the seventh Schedule, Article 245 and Article 246 of the Indian Constitution.

The Indian Constitution has given immense power to the State Legislature to enact laws regarding 66 items under List-II , State List and another regarding 47 items under List-III , Concurrent List of the of the seventh Schedule of the Indian Constitution. The Legislative power of the State Legislature is further elaborated under Article 245 and 246 of Part XI , Relations between the Union and the States , Chapter 1 , Legislative Relations , Distribution of Legislative Powers of the Indian Constitution.

Examples from other states for State Laws with punishment clauses

Although I am a medical doctor, I may be permitted to cite some examples from some advanced states :-

1. Karnataka State

The Karnataka State Legislative Assembly passed the Scheduled Castes and Scheduled Tribes (Prohibition of transfer of certain lands) Act, 1978 (Karnataka Act No. 2 of 1979 ) to provide for the prohibition of transfer of certain lands granted by government to persons belonging to the Scheduled Castes and Scheduled Tribes in the State. This was published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 30-6-1978 as No. 1000 at page7.

Under section 8 of the Act, there is a punishment clause which reads :- (1) "Whoever acquires any granted land in contravention of the provisions of sub-section (2) of section 4 shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both. (2) Notwithstanding anything in the Code of Criminal Procedure 1973, the offence punishable under sub-section (1) shall be cognizable". (http://dpal.kar. nic.in/pdf_files/2%20of%201979%20(E).pdf)

2. Andhra Pradesh State :

2,1 The Andhra Pradesh State Legislature passed an Act namely "the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982" (Act No. 12 of 1982) , which was published in Andhra Pradesh Gazette, Part IV-B (E.O.) dated 6th September, 1982. Under section 5 (d), there is a punishment clause which reads:- "Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing, shall on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which may extend to five thousand rupees".(http://apland.ap.nic.in/ cclaweb/scan20acts/land%20grabbing.html)

2.2 The Andhra Pradesh Legislative Assembly passed an Act entitled "Andhra Pradesh Fire Service Act,1999. (Act no. 15 of 1999) which was first published on the 11th June, 1999 in the Andhra Pradesh Gazette for general information. Under section 31 of this Act, there is a punishment clause which reads:-
"whoever wilfully contravenes any provisions of this Act or the rules made there under or fails to comply with any requisition lawfully made upon him under any provisions of this Act shall , without prejudice to any other action taken against him under section 22 be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twenty five thousand rupees or with both and where the offence is a continuing one ,with a further fine which may extend to three thousand rupees for every day during which such offence continues after the conviction for the first such offence: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such punishment shall not be less than one month and such fine shall not be less than one hundred rupees per day for a continuing offence".

Under section 29, "any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorized to receive such report by means of a statement, message or otherwise ,shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both". (http://www.fireservices.ap. gov.in/Regulations_Fireact.html).

3. Gujarat State

The Gujarat State Legislative Assembly passed an Act entitled the Freedom of Religion Act, 2003 (Act 24 of 2003) on 12 March 2003 to provide for freedom of religion by prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means Under section 5 (3), there is a punishment clause which reads: "Whoever fails, without sufficient cause, to comply with the provisions of sub-sections (1) and (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to rupees one thousand or with both." (http://www.emw-d.de/fix/files/indien-religionsgesetz.pdf)

4. Maharastra State

4.1. The Maharashtra State Legislative Assembly passed an Act entitled Maharashtra Land Revenue Code, 1966. (Maharashtra Act no.XLI of 1966 ) to unify and amend the law relating to land and land revenue in the State of Maharashtra, which was published in the Maharashtra Government Gazette, Part IV. on the 30th day of December 1966. Under section 183 of the Act, there is a provision for arrest and detention of defaulter as follows-
(1)At any time after any arrear becomes due, the defaulter may be arrested and detained in custody for ten days in the office of the Collector or of a Tahsildar unless the revenue due together with the penalty or interest and the cost of arrest and of notice of demand and the cost of his subsistence during detention is sooner paid. (http://www.landsof maharashtra.com/Forms/ Maharashtra%20 Land %20 Revenue%20Code%201966.pdf')

4.2 On 13 December 2013, Maharastra State Legislative Assembly passed the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The punishment clauses reads
"If found guilty, the offender would be liable to punishment ranging from six months to seven years and a fine between Rs.5,000 and Rs. 50,000. The Act has 12 clauses which are punishable offences. All of these offences are non- bailable. Any person who advertises, promotes, propagates or practices human sacrifice and other practices such as evil and aghori practices and black magic will be punished with imprisonment for a term which will be not less than six months and which may extend for a term of seven years and with fine ranging from Rs. 5000- Rs. 50000.
(http://en.wikipedia.org/wiki/Anti-Superstition_and_Black_Magic_Act)

To be continued...