Open letter to all the Hon'ble Members of the Hill Area Committee

Various Orgs *

Article 371(C) of the Indian Constitution enshrined to constitute Hill Areas Committee within the Manipur Legislative Assembly without which there can be no Manipur Legislative Assembly and that in exercise of the power conferred by Article 371(C), the then, President of India Shri VV Giri issued an order namely, The Manipur Legislative Assembly (Hill Areas Committee) order, 1972; thereby devolved the right to consider and pass resolutions recommending to the Govt. of the State any Legislation or executive actions affecting the Hill areas with respect to any scheduled Matters.

By virtue of the Provision of Article 371(c) read with the Manipur Legislative Assembly (Hill Areas Committee) order, 1972, Scheduled Matters Item 1 to 13, it is the sovereign duty of the Hill Areas Committee to execute all the development and economic planning for the Hill areas.

As such, it is our open letter to all the Hill MLAs to furnish us any step taken including 5 years and annual plans that has been prepared and discussed by the Hon'ble MLAs in connection with the following Scheduled matters;

Scheduled Matter

No.(1): Development and economic planning within the plans allocations for the Hill areas.

No.(2): Constitution and powers and functioning of district Councils in the Hill Areas.

No.(3).The allotment, occupation, or use, or the setting apart of land (other than any land which is a reserved forest) for the purpose of agriculture or grazing or for residential or other non-agriculture purposed or any other likely to promote the interest of the inhabitants of any village or town situated within the Hill Areas [Provided that nothing in this item shall apply to lands acquired for any public purpose or the acquisition of land, whether occupied or unoccupied, for any public purpose in accordance with any law for the time being in force authorizing such acquisition].

(4).The management of any forest not being a reserved forest.(5).The use of any canal or water course for purposes of agriculture.

6.The regulation of the practice of jhum or other forms of shifting cultivation.

(7).The establishment of village committees or councils and their powers; and any other matter relating to village administration.

(8).Public health and sanitation.

(9).The appointment of succession of Chief or Headman.

(10).The inheritance of property.

(11).Marriage and divorce.

(12). Social customs.

(13).Any other matter which the Assembly may by resolution declare to be a matter which shall come within the purview of the Hill Areas Committee.

However, you have failed to exercised and take the benefit of the Article 371(C) and the said orders, 1972 in the true sense of the term. You have failed to raise your voice against the finalization of the State Annual Budget/plan 2012-2013 and 12th five year plans(2012-2017) by the Assembly without the matter being referred to the Hill Areas Committee and also does not submit a separate Budget/plans for the Hills during this Assembly Session. As such the Hill peoples have to live on anther 5 years without having our own budget and plans and to live at the pleasure of the State Govt.

In-fact as per 371(C) of the Constitution the Hill peoples have to live on/develop at the mercy and pleasure of the Hill areas Committee with regard to the Scheduled matters referred above. As such the Hill people have to wait another 5 year plan so as to see and enjoy our separate 5 year plan started from 2018 because of your inefficiency and negligence. In fact it is your sovereign duty to discuss and to submit plans for the Hill Areas during this Assembly Session. And you have remained silence without discharging your official duty.

You have failed to protect when the Cabinet which is an incompetent authority, approved a separate Budget for the Autonomous District Councils (as published in the newspaper-Peoples Chronicles dated 21st April,2013) by superseding your esteem authority as empowered by item 2 of the Scheduled matter. And that you have failed to submit plans (5 year and annual plans) in respect of the autonomous District Councils (ADC); thereby ADC becomes impotency.

And you have so far failed to submit plan and budget for the protection of land and forests, which is absolutely within the Scheduled matter, thereby not promoting and also indirectly not allowing the Economical growth of the Hill people in particular and the whole State population in general. You have totally neglected to intervene in the establishment of Village Committees or Councils and their powers and any other matters relating to village administration including appointment of Village secretary, choukidar, Clerk, peon, payment of allowances ,or enumerations etc. That, every budget for every villages in the Hills must be reflected during the plan allocations to be submitted by the Hill Area Committee and discussed in the Assembly.

Further , you have allowed to constitute a District Level Screening Committee for all the Hill districts and the Rules and Regulation thereof Framed by the Deputy Secretary, Health, Govt. of Manipur. As the decision was taken on the 08/02/13 by the State cabinet. Why you allowed the Cabinet to take such decision without referring to you. In-fact, the State cabinet has nothing to do with the Health and Sanitation in respect of the Hill areas.

The Cabinet has no authority to enter into your area as Public Health and Sanitation with regard to Hill areas is absolutely within the purview of the Hill Areas Committee as mandated by Item 8 of the Scheduled matter. As you yourself know very well that the Primary Health Centre/(Sub),District health centre, community health centre, District hospitals ,etc are totally absence or exist for the name sake without proper infrastructure ,facilities and staffs. Since Public health and Sanitation were all within the purview of your authority (HAC) ,but you have failed to submit plans and discussed in respect of the 5 year and Annual plan during the Current assembly Session in connection with Health and Sanitation of the Hill Areas .

That you being the Hon'ble members of HAC represented on behalf of the Hill people, it is your primary duty to prepare plan, scheme, budget annually and five yearly and submit before the general Assembly for discussion in respect of every items mention in the scheduled matter, that is, 1 to 13.Surprisingly, you have failed to do so. For which you are answerable to the people?

We therefore appeal to all the Hon'ble Members of the Hill Areas Committee to nullify the plans (5 year and Annual plan) which was approved by the Assembly on the 13th June , 2013 without following the mandatory procedures and Rules thereby hit by the mandatory Provision of Article 371(C) and to submit 5 year and Annual plans in respect to Hill Areas to the current Assembly Session for discussion and to raise objections as and when the State Cabinet bypassed your esteem authority. Otherwise, we will be compelled to resort to any kind of agitations in the greater interest of the Hill peoples.

In the light of the facts and circumstances we come to conclusion without any hesitation that it is not the Centre Govt. nor the State Govt. of Manipur who exploit and deprived the rights of the Hill peoples. But it is the Hon'ble Member of the Hill Areas Committee who is exploiting, neglecting, and depriving the rights of the Hill peoples.

We are not asking any new things from the Govt. but only to implement the provision of Article 371(C) of the Constitution and its order the Manipur Legislative assembly(Hill areas Committee) order, 1972 which was enforced since 20th june 1972 .In-fact the benefit of mandatory provision of Article 371(C) and the said order along with the scheduled matters are not extended in the Hill areas even after lapsed of more than 40 years due to inefficiency and negligence of the Hon'ble Members of the HAC.

Yours faithfully,

1.(T.VINCENT ZO) Secretary General All India Tribal Students, Association, Manipur
2.(M.TOLKHAM MARING) President Tribal Youth Council , Manipur
3.(ARAM PAMEI) President Naga Women Union , Manipur
4.(PANTI GONMEI) President Rongmei Lu Phuam(Rongmei Women Org.) AMN
5. (Rose Mangsi) President Kuki Women Union