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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-secticn (i)

PUBLISHED BY AUTHORITY

No. 165] NEW DELHI, TUESDAY, JUNE 20, 1972/JYAISTHA 30, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 20th June, 1972

G.S.R. 317 (E).—The following Order made by the President is published for general information—

THE MANIPUR LEGISLATIVE ASSEMBLY (HILL AREAS COMMITTEE) ORDER, 1972.

In exercise of the powers conferred by article 371C of the Constitution, I, V. V. Girl, President of India, hereby make, with respect to the State of Manipur, the following Order, namely: —

1. Short title and commencement.—(1) This Order may be called the Manipur Legislative Assembly (Hill Areas Committee) Order, 1072.

(2) It shall come into force at once.

2. Definitions.—In this Order,—

(a) "Assembly" means the Legislative Assembly of the State; (b) "Governor" means the Governor of the State; (c) "Hill Areas" means the areas specified in the First Schedule; (d) "Hill Areas Committee" means the Hill Areas Committee constituted by paragraph 3 of this Order;

(e) "Schedule" means a schedule appended to this Order;

( 8 17 )

(f) "Scheduled matters" means the matters specified in the Second Schedule;

(g) "Speaker" means the Speaker of the Assembly;

(h) "State" means the State of Manipur.

3. Constitution of the Hill Areas Committee.—(1) There shall toe a Hill Areas Committee of the Assembly consisting of all the members of that Assembly who for the time being represent the Assembly constituencies situated wholly or partly in the Hill Areas of the State:

Provided that the Chief Minister of the State and the Speaker shall not be members of the Hill Areas Committee.

(2; E . e iy Minister fincluding a Minister of State or a Deputy Minister) of the Stale s h- 1 have the rijfht to speak in. and otherwise take part in the proceedings of, the riUl Areas Committee, but shall not, by virtue of such right, be entitled to vote at any meeting of the Committee it he is not a member thereof.

4. Functions of the Hill Areas Committee.—(1) All scheduled matter in so far as they relate to the Hill Areas shall be within the purview of the Hill Areas Committee.

(2) Every Bill, other than a Money Bill, affecting wholly or partly the Hill Areas and containing mainly provisions dealing with any of the schedued matters shall, after introduction in the Assembly, be referred to the Hill Areas Committee for consideration and report to the Assembly:

Provided that if any question arises whether a Bill attracts the provisions of this sub-paraBraph or not, the question shall be referred to the Governor and his decision thereon shall be final.

(3; The Hill Areas Committee shall have the right to consider and pass resolutions recommending to the Government of the State any legislation or executive action allecting the Hill Areas with respect to any scheduled matter. so however that the executive action relates to general questions of policy and the legislation or executive action is in conformity with the over-all financial provisions for the Hill Areas made in the annual budget or contemplated in the Plans' of t he State.

(4) The Hill Areas Commlt'me shall have the right to discuss the annual financial statement in so far as it relates to the Hill Areas and to facilitate such discussion the said statement shall, as far as may be practicable, show separately the estimates of receipts and expenditure pertaining to the Hill Areas which are to be credited to, or is to be met from, the Consolidated Fund of t he State.

(5) In its functioning, the Hill Areas Committee shall endeavour to—

(a) safeguard the Interests of the people of the Hill Areas, particularly through accelerated development of those areas; and

(b) promote unity between the people of the Hill Areas and other areas of the Stato by aiming at an integrated and evenly based economic growth of those areas and augment the resources of the State as a •whole.

5. Special provisions with regard to Bills affecting the Hill Areas.—Any Bill referred to the Hill Areas Committee under sub-paragraph (2) of paragraph 4 may, if so recommended by the Hill Areas Committee, be passed by the Assembly with such variations as may be necessary in its application to the Hill Areas.

6. Development Plans.—(1) Before t he Five Year Plan and the Annual Plans of the State are finalised by the Government of the State proposals in this behalf, which shall show separately the plan schemes proposed to be taken up in t he H1U Areas and the rest of the State, shall be placed before the Hill Areas "ommittee and the views of the Committeo shall be taken into account before the Plans are finalised.

(2) The Government of the State shall forward to the" Hill Areas Committeo quarterly reports showing the progress of implementation of the Plans relating to the Hill Areas.

i

7. Modifications in the Rules of Business of the Government of Manipur.—The

modifications directed in the Third Schedule shall be made in the Rules of Business of the Government of Manipur, 1972 and shall not in any way be affected by any

.amendments that may hereafter be made in the said Rules by the Governor under article 166 of the Constitution, cth'frwis'i than with the approval of the President

8. Modifications In the Rules of Procedure and Conduct of Business of the-

Manipur Legislative Assembly.—The modifications directed in the Fourth Schedule shall be made in the Rules of Procedure and Conduct of Business of the Manipur Legislative Assembly, 1984, as adapted under sub-section (6) of section 27 of the North Eastern Areas (Reorganisation) Aft, 1J71 (81 of 1971) and the modifications so directed and the provisions of Rules 14] to 145 and ]70 to 184 in the said Rules shall not In any way be affected by any amendments that may hereafter be made in,the said Rules by the Assembly under article 208 of the Constitution, otherwise than wifh the approval of the President.

9. Special responsibility of the Governor.—The Governor shall have special responsibility for securing the proper functioning of the Hill Areas Committee in accordance "with the provisions of this Order and shall, in the discharge of his special responsibility, act in his discretion.

THE FIRST SCHEDULE

[See: paragraph 2(C)J

Hill Areas

(1) Manipur North, Manipur East, Manipur West and Manipur South revenue districts.

(2) Chandel. Chakpi'karong and Tengnoupa] revenue sub-divisions of the Manipur Centra] revenue district.

Explanation.—Any reference to a revenue district or revenue sub-division in this achedul'f shall be construed as a reference to the area comprised within that dlstrcit Or sub-division, as the case may be, on the 1st day of April, 1972.

THE SECOND SCHEDULE

pSee paragraph 2(f)J

Scheduled Matters

(1) Development and economic planning within the Plan allocations for the Hill Areas.

(2) Constitution and powers and functioning of District Councils in the Hill Areas.

(3) The allotment, occupation, or use, or the setting apart of land (other than any land which is a reserved forest) for the purposes of agriculture or grazing or for residential or other non-atrtcultural purposes or for any other cm-pose likely to promote the interests 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 .VITT' public purpose or the acquisition of land, whether ucrucicri or unoccupied, for :inv public purpose in accordance with any law for the time being in force fjuth>. .-i;<:nr' Ml"'i acquisition.

(4) The management of any forest not bc'DK a reserved fo-(?,st.

(5) The use of any canal or water course for purposes of ;i.et'U"'ult):re.

(6) The regulation of the practice of ,1hum or other forms of shifting c i li cation

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

(8) Public health and sanitation.

(0) The app-ointment of succession of Chiefs 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.

THE THIRD SCHEDUUE

[See paragraph [7J

Modifications in the Rules of Business 0/ the Government of Manipur, 1972-

(1) In rule 2, after clause (c), insert—

"(cc) "Hill Areas Committee" means the Hill Areas Committee constituted by paragraph 3 of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972;".

(2) After rule 12, insert—

"12A. The Council shrill normaly give ellect to the recommendations of the Hill Areas Committee under sub-paragraph (3) of paragraph 4jfthe Manipur Legislative Assembly (Hill Areas Committee) Order. 1972 but it the Council is of the opinion that it would not be expedient to do so or that the Hill Areas Committee was not competent to make any such recommendaiions. the matter shall be referred to the Governor whose decision thereon shall be final and binding on the Council anri>' action shall be taken accordingly."

(3) In rule 55, after clause (xxii), insert—

•(xxiii) all matters relating to the Hill Areas Committee, Including resolu- tions passed by it."

(4) In the Schedule, after entry 25, insert—

"20. All mattery relating to the Hill Areas Committee including resolutions passed by i t"

THI FOURTH SCHKVVLS

[See paragraph 71 Modifications t" t}lK Ki'les "f procedure and conduct of,Business of the Manijntr Legislative Assembly, 1964.

i'l) In rule 3(1),—

(i) for the definition of the expression "Hill Areas", substitute—

' "Hill Areas" means the Hill Areas specified in the First Schedule to the Maninur Legislative Assembly (Hill Areas Committee) Order, 1972;"

(ii) after the definition of the expression "Hill Areas", insert—

"Hill Areas Committee" means the Hill Areas Committee constituted by paragraph 3 of the Manipur Legislative Assemblv (Hill Areas Com- mittee) Order, 1972;";

(iii) after the definition of the word "Resolution", insert—

' "scheduled matters" means the matters specified in the Second Schedule to the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972;';

(iv) omit the definition of the expression "Standing Committee".

f2) In Chapters—XIV and XV. for the expression "Standing Committee", wherever It occurs, substitute the expression "Hill Areas Committee."

(3) In rule 139, for "the provisions hereinafter made in relation to the Bills relating to Hill Areas shall applv to all such Bills", substitute "the provisions hereinafter made in relation to the Bills, other Money Bills, afrectinjz- the Hil! Areas and containing mainiv provisions dealing with any of the scheduled matters, shall apply to all such Bills.".

(4) For rule 140, substitute—

"1VI. Motion for introduction of Bills ulTectinir the Hill Areas,—When a Bill, other thnn a Money Bill, affecting the Hill Areas' and containing mainly - provisions dealing with any of th,e scheduled matters introduced or"

on some subsquent occasion, the member-in-chargc may make the following motion in regard to his Bill, namely: —

"That It be referred to the HiJl Areas Committee."

Provided that no such motion as aforesaid shall bo made by any member other than the membcr-in-charge except by way of amendment to the motion made by the member-in-charge."

(5) after Rule 157, insert—

•'157A(1) When a Bill as reported by the Hill Areas Commifte is not passed by the Assembly in the form in which it has been reported but is passed in a form which, in the opinion oi the Speaker, is substan- tially different from that as reported by the Hill Areas Committee, or is rejected by the Assembly, the Speaker shall submit to the Governor—

(a) in any case where the BUI hag been passed by the Assembly In a substantially different form, the Bill as passed by the Assembly together with the Bill as reported by the Hill Areas Committee;

(bj in any case where the Bill is rejected by the Assembly, the Bill as reported by the Hill Areas Committee,

(2) When a Bill is not approved by the Hill Areas Committee but IK passed by the Assembly, the Speaker shall submit to the Governor the Bill as passed by the Assembly together with the report of the Hill Areas Committee.

(3) The Governor shall as soon as possible after the submission to him of the Bill, return the Bill to the Assembly with a message recommending either that the Bill be withdrawn or that it be passed in the form In which It has been reported by the Hill Areas Committee or in the form In which it has been passed by the Assembly and ithe message received from the Governor shall be reported by the Speaker to the Assembly and accordingly the Bill shall be deemed to have been withdrawn, or as the case may be, be deemed to have been passed by the Assembly in the recommended by the Governor,".

V. V. GIRI, NFW DELHI-4, The 20th June, 1972.

President. •[No. F. 11/17/72-SR.] K. R. PRABHU, Jt. Secy.

.•"WN1ED BY THE GENERAL MANAOER, GOVERNMENT OF INDIA PRESS, M1NTO ROAD, NEW DELHI AND PUJ1TJBHBD BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 72