The House assembled at 11.00 am. of Monday, the 11th August, 2003 in the Assembly Hall with the Hon’ble Speaker in the Chair.

MEMBERS  PRESENT: 

            Hon’ble Chief Minister, 25 Cabinet Ministers, Chairman (Hill Areas Committee), Hon’ble Deputy Speaker, 9 Ministers of State and 22 Elected Members. 

QUESTIONS: 

(a)        In reply to Starred Question Nos. 529, asked by Shri L. Ibomcha Singh, MLA regarding the issue of patta without allotment order, the Hon’ble Chief Minister made a reply. 

(b)        In reply to Starred Question No. 530 & 539, asked by Shri N. Bihari Singh, MLA regarding the selection of tableau for the 2004 Republic Day Celebration and registration of Wangoi Laipham Lainingthou Sanamahi Development Trust, the Hon’ble Minister (Arts & Culture) gave a reply.                                   

(c)        In reply to Starred Question No. 531, asked by Shri O. Joy Singh, MLA regarding the holding of Manipur Film Festival, the Hon’ble Minister (Arts & Culture) made a reply. 

(d)        In reply to Starred Question No. 532, asked by Shri I. Hemochandra Singh, MLA regarding the diversion of agricultural land, the Hon’ble Minister (Revenue) gave a reply. 

(e)        In reply to Starred Question No. 533, asked by Shri Ningthoujam Biren, MLA regarding the status of Singda canal, the Hon`ble Minister (IFCD) made a reply. 

(f)        In reply to Starred Question No. 534, asked by Dr. Nimaichand Luwang, MLA regarding the maintenance and repair of N.H.-150, the Hon`ble Minister (Works) gave a reply.
 

           (g)        In reply to Starred Question No. 535, asked by Shri Erabot Yumkham, MLA regarding the auction
                        for selection of highest bidder for collection of forest products, the Hon`ble Minister (Forest &
                       Environment) made a reply.

(h)                   (h)       In reply to Starred Question No. 536, asked by Shri B.D. Behring, MLA regarding   the Rajya / Zilla
                      Sainik Board, the Hon’ble Chief Minister made a reply. 

(i)       In reply to Starred Question No. 538, asked by Shri O. Joy Singh, MLA regarding the notification of
Industrial Estates, the Hon’ble Minister (Commerce & Industries) made a reply.  

 (j)        In reply to Starred Question No. 540, asked by Shri L. Ibomcha Singh, MLA regarding the tender of the works “IMI road 0-4 km.”, the Hon’ble Minister (Works) made a reply. 

Answers to Starred Question No. 537 and Unstarred Question Nos. 40, 41, 42 & 43 were laid on the Table as written replies. 

ZERO - HOUR: 

            Dr. Nimaichand Luwang,MLA raised a matter regarding the obstruction of entry of Dr. Tin Sui, a Burmese leader at Imphal Airport when he came to attend Burma Democracy Demand Day on 8th August, 2003.He said that if there were any procedural lapses, the Government should look into it to avoid such cases in future.  

            Shri P.S. Henry Paotei, MLA made a complaint regarding the non-availability of reply for Starred Question No.340 and drew the attention of the Chief Minister. 

            Shri M. Bhorot Singh,MLA raised a matter regarding the damage caused by  rodents in large quantities to standing crops in Tamenglong District. He expressed the need to take up effective measures to combat the calamity by the Government. 

            Shri I. Hemochandra, MLA made an appeal to give security cover to UBI Singjamei Branch during banking hour in the interest of the people. 

            Shri L. Ibomcha Singh, MLA raised a matter regarding the presence of high level of pesticides in soft drinks and ban imposed on these products. He also highlighted the bad condition of Imphal-Yairipok road and drew the attention of the Minister concerned. 

ANNOUNCEMENT  BY THE HON`BLE SPEAKER: 

The Hon`ble Speaker announced that the relevant documents of the CEO, Ukhrul District Council had been received. He invited the mover of the Calling Attention motion and interested Members to check it in his chamber during lunch hour. 

            He also made an announcement that Justice N. Surjamani Singh had sent a reply regarding the show-cause notice. He informed the House that the documents would be placed in the House in the afternoon session. 

            He invited all the Hon`ble Members to attend the photo -session at 1.00 pm. 

NOTICE OF BREACH OF PRIVILEGE: 

The Hon`ble Speaker announced that he received a notice of a Breach of Privilege submitted by Shri Erabot Yumkham, MLA. 

            Shri Erabot Yumkham, MLA quoted the 8th August, 2003 Huiyen Lanpao edition and said that the burning of effigies and provocative statements made by the Meetei Mayek activists was a breach of privilege and amounted to contempt of the House. He also mentioned a programme shown on ISTV in this connection on 10th August, 2003. He made a clarification on his observation in the House on 1st sAugust, 2003 while discussing the Private Member’s Resolution jointly moved by Dr. Nimaichand Luwang and Shri L. Ibomcha Singh, MLAs that the matter would be sub-judiced since the case was still pending before the court. 

The Hon`ble Speaker referred the matter to the Committee of Privileges after the House granted leave. 

ANNOUNCEMENT OF BUSINESS: 

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

PRESENTATION OF COMMITTEE REPORT: 

(i)                  Shri S. Ibohal Singh, Chairman of PAC presented the Twenty-Fifth Report of the Committee on Public accounts, 2003-2004. 

(ii)        Shri B.D. Behring, Chairman of the Committee on Estimates presented the Twenty-First Report of the Committee on Estimates, 2003-2004. 

CALLING ATTENTION: 

            Shri L. Ibomcha Singh, MLA called the attention of the Revenue Minister on the alleged failure to demarcate actual plot of Central Agricultural University, Iroishemba. 

            He quoted the 24th July Sangai Express Edition regarding the difficulties faced by the CAU due to the failure of the State Government to demarcate the actual plot allotted to the University. He pointed out that several encroachers had occupied some portions of the land and the problems faced by the students while conducting research works. He said that requests were being made earlier to the Revenue Department but the Government paid no heed. He expressed that owing to the serious inconveniences, there was an apprehension that the CAU Campus might be shifted to Shillong. He stressed the need for immediate attention of the Government to ensure smooth running of the University by allotting the whole area due to it.  

          Shri E. Biramani Singh, Minister (Revenue) admitted that the Department was aware of the problems faced by the CAU due to non-demarcation of the land. He informed the House that a joint discussion was held in June with the University authorities regarding the present problems. He reiterated that the demarcation process would be completed very soon and all measures for handing over to the University had been taken up. He said that the demarcation was delayed due to waterlogging and CAU authorities had been instructed to prepare boundary pillars for the process. He assured the House that the demarcation process of the land would be completed by September 15, 2003.  

The Hon`ble Speaker announced that the Short Duration Discussion, Discussion on the Report of the Vigilance Commission, Raising a Matter which is not a point of order and Half-an-Hour Discussion would be jointly discussed during the Consideration and Passing of Appropriation Bills. 

RESOLUTION ON RATIFICATION OF CONSTITUTION AMENDMENT BILL: 

Shri L. Nandakumar Singh, Law Minister moved the following resolutions: - 

“ That this House ratifies the amendment to the Constitution of India falling within the purview of clause (c) of the proviso to clause (2) of Article 368, proposed to be made by the Constitution (Ninety-Fifth Amendment) Bill, 2003, as passed by both the Houses of Parliament.”  

He elucidated briefly the nature of the amendment, which proposed some modifications in the Articles
           governing taxation. He said that the taxation on services was to be inserted in the Union list and the States
            would derive ample benefit from it.           

           Shri Ph. Parijat Singh, FCS Minister also made observation on the matter. He expressed that it would be
           useful to both the Centre and the States.  

            The House unanimously adopted the resolution.  

            The Hon’ble Speaker adjourned the morning session at 12.50 pm till 2.00 pm of the day.

The Evening Session resumed at 2.00 pm

DISCUSSION ON THE REPORT OF THE VIGILANCE COMMISSION: 

Dr. Nimaichand Luwang, MLA raising a discussion on the Annual Report of the Vigilance Commission, 2002-2003 observed that the State Government did not implement the Vigilance Commission recommendations. He said that there were several pending cases with the Commission and also stressed the need to make it an independent and effective body.  

            Shri O. Joy Singh, MLA, co-mover of the discussion asked whether the State Vigilance Commission was a legalised Commission as it was presently headed by Chief Secretary and not by a serving or retired High Court Judge or anybody qualified under rules. He further observed that the government did not implement many recommendations of the Commission. He strongly stressed that the commission should be made to function effectively and the State government must see towards that end.  

The Hon’ble Chief Minister replying to the discussion raised by Shri O. Joy Singh and Dr Nimaichand Luwang, MLAs on the Annual Report of the Vigilance Commission, 2002-2003 said that the Chief Secretary was presently in charge of the Commissioner of the State Vigilance Commission as a stop-gap arrangement and further added that the Government was trying to appoint a retired High Court-Judge as its Commissioner. He informed the House that as per the recommendation made by the Commission for taking action; action was taken in respect of 9 cases during the current year. He said that the present Government was committed to activate the State Vigilance Commission. 

CONSIDERATION AND PASSING OF BILL: 

            The Hon’ble Chief Minister moved the Manipur Appropriation (No.3) Bill 2003, the Manipur Appropriation (No.4) Bill, 2003 and Manipur Appropriation (No. 5) Bill, 2003 for discussion. 

Shri I. Hemochandra, MLA showing the House a sample of Pineapple fibre thread, stressed the importance of Pina Industry. He also reminded the Sports Minister to absorb some outstanding sportspersons participated in Santosh Trophy into State service. Downsizing must be limited particularly the Engineering and Agricultural section, he observed. He further said that a D.P.C for appointment of Hindi teachers under CSS was held in 1999 and appointment had not yet been made inspite of the declaration of the result a long time ago. Referring to a particular Flour Mill being set up in a Phourel Class Agricultural land at Mantripukhri, he questioned the validity of the conversion of agricultural land into homestead land.  

Shri M. Bhorot Singh, MLA drew the attention of the Minister (Information and Public Relations) to the cancellation of Hindi news in the afternoon on AIR Imphal and wanted it to be reintroduced. Drawing the attention of the Law Minister to the conventional practice of elopement and its subsequent problems, he suggested taking up remedial measures in this regard. He further said that many Government officers were becoming agents of Multinational Companies resulting to dereliction of their duties and urged the Commerce and Industries Minister to take up appropriate steps in this respect. Many beneficiaries under DDHPY did not get the financial assistance due to mismanagement of the Government, he observed. He suggested upgrading the JN Hospital to accommodate the patients of the Minister’s family.  

            Shri S. Ibohal Singh, MLA observed that expenditure did not commensurate with work quality in many departments and that such things must be checked. He drew the attention of the Chief Minister that many CSS could not be implemented by the state due to mismanagement. He expressed unhappiness over the declining of per capita income of the state and asked what measures were taken up to increase it. He criticised the Government for controlling expenditure but not mobilising the full potential of revenue resources. He asked the Sports Minister to absorb many football players of Manipur playing outside Manipur at present in state service.                                                                        

Dr. Nimaichand Luwang, MLA raised a discussion on the necessity of revival of the Manipur Tea Estate, Jiribam, saying that it played a great role in the state economy. He stated that the income of the Tea Estate was Rs 35 lakhs per annum from 1995 to 2000 but it stopped since 2001 due to its mismanagement. He observed that the Government’s proposal to wind up The Manipur Plantation Crops Corporation was a wrong step that this would lead to the closure of Manipur Tea Estate. He suggested that plantation of Rubber and Coffee in Jiribam and Tipaimukh would be successful and further said that investment must be increased instead of winding up the Corporation.                                                           

            He also raised a discussion on the delay in the constitution of State Health Malaria Societies as instructed by the Directorate of National Anti Malaria Programme. Asking the Government the reason of keeping the formation of Manipur State Malaria Societies in abeyance, he urged to set up the said society because malignant malaria is prevalent in the state.  

He further criticised the Government that no fund was left for development works. He said that the Minor Irrigation works concentrated around Lamsang area only and that it was a discriminatory action. He further said that the non-release of money from the Non Lapsable Pool of Central Resources caused the delay of completion of construction works in many schools and added that there was no proper monitoring and no quality control in this regard. He further said that a D.P.C for appointment of Hindi teachers under CSS was held in 1999 and appointment had not yet been made inspite of the declaration of the result a long time ago.  

Shri O. Joy Singh, MLA coming to the consideration of Appropriation Bills alleged that the government had failed to perform the constitutional obligations in respect of the functioning of MPSC. Regarding State Academy of Training, he observed to include parliamentary practice and procedure in it. He made a reference to an officer’s publication of State Policy on a newspaper during the Assembly session and termed it as a serious breach of rules. He asked why the appointment of Hindi teachers under CSS was not properly implemented despite the High Court ruling. Shri O. Joy Singh, MLA alleged that SK Oil meant for Bishnupur district and BPL Rice for Sadar hills were not distributed and asked the government to take up necessary action.  

Shri M. Nilchandra, MLA participating in the discussion said that in spite of serious attempt by the CM to curb the expenditure of the state there were instances of misuse of funds in many departments and added that LOC and CDA were issued irregularly. He questioned the government for the delay in taking action against the top ranking officials of the Education Department. Pointing out several mistakes in various departments, he emphasized the need to check such leakages and loopholes for improving the existing financial position of the state.  

Shri L. Ibomcha Singh, MLA participating in the discussion observed that Department of Personal (DP) was discriminately implementing the long pending Die–in-Harness scheme. Pointing out the existence of several fake patta holders at Porompat, Minuthong, Imphal West etc. he suggested for constituting a House Committee to examine those. The Police Department, he criticized delayed the investigation of several cases. He also suggested for recruiting Hindi teachers for a limited period. He further suggested for the implementation of “Manipur Nursing Homes and Clinic Registration Act” in order to check the mushrooming of private clinics with government doctors and also to collect from these clinics. He further pointed out various issues in the departments of Industries, YA&S, Judiciary and CADA for proper rectification. Referring to the investigation regarding the misappropriation of funds by the CEO, Ukhrul, he further suggested that other districts should also be included in the investigation.                        

Shri B.D. Behring, MLA participating in the discussion said that the role of the opposition was to pinpoint the mistakes of the government and try to rectify them. He also said that several assurances given by the Ministers were not converted into action. He critically mentioned a hospital, which was inaugurated by the Chief Minister but under lock and key at present. He also gave suggestion for proper allotment of land and pattas for better collection of revenue. He also suggested for increasing the salaries of Home Guards and added that old files of Die-in-harness scheme were missing. He further pointed out that the improper functioning of the Pollution Control Board and suggested that the Board should work together with the IMC for taking up effective measures for a safer environment.  

            Shri Ningthoujam Biren, MLA observed that the failure of Industrial units in the state was due to negligence of the state government and also stressed the need to revive some of them. He charged the government for its lack of proper maintenance of transfer and posting policy. He further suggested for the proper utilization of funds under CSS. Further commenting on the untimely issue of ration money for security personnel he appealed the Chief Minister to look into the matter. He also pointed out several mistakes in the Jail department, JN Hospital and the Education Department and suggested the government to rectify them.  

            Shri Samuel Jendai, MLA raising a discussion of the payment of bill for works executed by the Tamenglong division for Imphal-Tamenglong Road construction said that Rs 66.97 lakhs were withdrawn without the works being executed. He suggested that a House Committee be constituted to examine it. He also stated that the concerned Minister should not be made the Chairman of a House Committee.  

            Shri K. Ranjit Singh, Minister (Agriculture) replying to the discussion assured the House that several preventive steps had been initiated by the department to control the increasing menace of rodents at Tamenglong. He also informed that the Tea Estate at Jiribam was being revived and could produce 40 thousand Kgs of tealeaves after the revival. He said that the department had contacted the Managing Director of Vikram India Ltd, Calcutta for the reopening of the Jiribam Tea Factory and that everything was ready for final commission.   

Dr. Chaltonlien Amo, Minister (Health) making some clarifications informed the House that the Cabinet had already approved for the formation of the State Malaria Society. He further added that his department had been re-examining the pros and cons of forming the society and information were being collected from other state in this regards.  

Shri E. Biramani Singh, Minister (Revenue) said that the amount of premium fixed for the land allotted to the Popular Pisciculture Association was not in conformity with the land allotted and further added that when investigated all the receipts were found bogus and added that several such fake pattas were cancelled.
                                                       

Shri W. Brajabidhu Singh, Minister (MI & CADA) informed the House that all the works taken up by the Department of MI were as per the recommendation of the Work Advisory Committee and added that payments were made taking into account the progress of the works.  

Shri C. Doungel, Minister (Forest and Environment) making some clarifications said that he had no idea that there was a court order prohibiting any Minister becoming the Chairman of the Manipur Pollution Control Board and further added that there was no case of misuse of fund meant for buying instruments. 

Shri Gaikhangam, Minister (Works) said that there was no partiality in the release of CDA. Replying to the Half-an-Hour discussion raised by Shri Samuel Jendai, he said that due to the flood in 2002 the Imphal-Tamenglong road was damaged and necessary works were taken up for repairing it in the interest of the people and as such bills were transferred to make payment on priority basis and there was no question of misuse of funds. 

Shri L. Nandakumar, Minister (MAHUD) informed that there was no discrimination on the suspension of some officials regarding the allotment of plots in Linthoingambi market. Regarding the postponement of the election of the IMC, he said that it was done according to the rules in order to have a free and fair election. 

Shri Th. Devendra, Minister (Commerce and Industries) informed the House that there was already a High Court directive for the regularization of the casual employees in his department and added that the matter was also placed before the Cabinet. He also added that no government employees could be the members of any private enterprises. He made further clarifications in respect of Pina Industries, the Flour Mill, Margin Money for weaving cooperative societies, the Spinning Mill, etc.  

Chief Minister Shri O. Ibobi Singh informed the House that the Cabinet had already taken decision to give government jobs to the players, which were part of the Santosh Trophy winning team. Regarding the selection of Hindi teachers he said as per the MOU all pending DPCs were declared null and void. He added that number one priority would be given to CSS.  

            After clause by clause consideration, the following Bills namely, 

i)                    The Manipur Appropriation (No. 3) Bill, 2003;

ii)                  The Manipur Appropriation (No. 4) Bill, 2003 and

iii)                The Manipur Appropriation (No. 5) Bill, 2003; 

                       were passed unanimously by the House.  

Alleged Breach of Privilege and Contempt of the House Committed by Mr Justice Shri N. Surjamani Singh and Mr Justice Shri B.B Deb: 

            Hon’ble Speaker Shri T.N Haokip informed the House that a follow up action to the notice of Breach of Privilege and Contempt of the House raised by Shri O. Joy Singh, MLA on 23rd July 2002 and subsequent report of the Committee of Privilege, he had sent show cause notices to Justice N. Surjamani Singh and Justice B.B Deb. He further informed that he had received a reply from Justice N. Surjamani Singh on 4th March, 2003 requesting the House to drop proceedings against him and the report of the death of Justice B.B Deb on 13th April 2003.He said that he had consulted all concerned regarding the matter and many were of the view that Legislature and Judiciary must not confront each other but to maintain a conducive relation. He wanted that in the interest of the House, of the people and of Democracy the matter might better be closed.  

Shri O. Joy Singh, MLA traced the background of the matter and expressed discontentment over the reply made by Justice N. Surjamani.  Regarding the proposal made by the Speaker for the closing of the matter, he said that he left it to the wisdom of the House. 

            Shri N. Mangi Singh, Minister (IFCD), Dr. Nimaichand Luwang, MLA, Shri L. Ibomcha Singh, MLA and Shri C. Doungel, Minister (Forest and Environment) made some observations. 

            The House agreed to the dropping of charges against the two Justices.   

Shri TN Haokip, Hon’ble Speaker observed that “To err is human, to forgive divine” and announced that the present proceedings for Breach of Privileges and Contempt of the House against Hon’ble Mr Justice N. Surjamani and Hon’ble Mr Justice B.B Deb were dropped. 

The Hon’ble Speaker Shri TN Haokip made a valedictory speech and adjourned the House sine die 
at 8.25 pm.