MEGHALAYA LEGISLATIVE ASSEMBLY 

BUDGET SESSION 1976

BULLETIN No.21

Wednesday, April 7, 1976. 

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        The Assembly met at 9.30 A.M. with the Speaker in the Chair

1.    QUESTIONS

        Unstarred Question No.169, No.171-172, No.183, No.203, No.207-208, No.210-211, No.214, No.216, No.218-220, No.222-223, No.230 and No.234-235 with supplementaries thereto were disposed of. Answers to Unstarred Questions NO.170, NO.173-182, No.184-202, No.204-206, No.209, No.212-213, No.215, No.217, No.221, No.224-229, No.231-233 and No.236-237 were laid on the Members' Table.

        The Chair announced that out of the notice of 9 starred question received by the Assembly Secretariat 8 were admitted of which 7 were replied to, of the 320 Unstarred Questions received, 302 were admitted, of which 237 were replied to, bringing the percentage of reply to 87.5%, 78.48% and 100% respectively.

2.    ZERO HOUR :

(i)    Shri D.N. Joshi (Cong.) brought to the notice of the House the matter relating to the recent issue of rice, which is unfit for human consumption, to the fair price shop dealers at Jhalupara, Shillong, for distribution to consumers.

        The Minister for Supply replied to all the points raised in the notice.

(ii)    Shri Upstar Kharbuli (Cong) referred tot he "Choudhury Pharmacy" incident as reported in the Democratic Review of April 2, 1976, and wanted a statement from the Govt.

        The Chief Minister made a statement of facts relating to the incident.

3.    RESULT OF ELECTION TO COMMITTEE :

        The Speaker announced that the following member were elected to the Committee on Welfare of Scheduled Tribes Scheduled Castes and other Backward Classes without any contest :

1.  Shri G. Mylliemngap (APHLC)
2.  Shrimati Percylina Marak (APHLC)
3.  Shri Humphrey Hadem (APHLC)
4.  Shri Manindra Rava (APHLC)
5.  Shri R. Lyngdoh (HSPDP)
6.  Shri S.D. Khongwir (HSPDP)
7.  Shri Jagabandhu Barman (Cong); and
8.   Shri S.N. Koch (Cong).

4.    SUSPENSION OF ASSEMBLY RULE :

        The Minister for Parliamentary Affairs, Shri B.B. Lyngdoh moved a motion under Rule 316 of the Rules of Procedure and Conduct and Business for suspension of Rule 115(4) for condoning the required period of notices for moving Government resolution for the time being.

5.    GOVERNMENT RESOLUTIONS :

(I)    Shri B.B. Lyngdoh, Minister for Revenue, moved the following resolution.

"WHEREAS this Assembly considers that it si desirable to have a uniform law throughout India for the imposition of a Ceiling on vacant land in urban agglomeration and for matters connected therewith or ancillary and incident thereto;
"AND WHEREAS the subject matter of such law is relatable mainly to entry 18 of List II - State List of the Seventh Schedule to the Constitution of India.;
"AND WHEREAS Parliament has no power to make laws for the States with respect to the matters aforesaid except as provided in Articles 249 and 250 of the Constitution of India;
AND WHEREAS, it appears to this Assembly to be desirable that the aforesaid matter should be regulated in the State of Meghalaya by Parliament by law;
AND WHEREAS, the Parliament has enacted the Urban Land (Ceiling and Regulation) Act 1976 (Act No. Ceiling on the vacant land in urban agglomeration and for matters connected there with or ancillary and incidental thereto;
NOW THEREFORE, in exercise of powers conferred by clause (1) of Article 252 of the Constitution Land (Ceiling and Regulation) Act, 1976 (Act No. 33 of 1976) this Assembly hereby revolves that the Urban Land (Ceiling and Regulation) Act, 1976 (Act No.33 of 1976) be adopted in its application to the State of Meghalaya:.

        Shri H.S. Lyngdoh (HSPDP) and Shri F.K. Mawlot (HSPDP) participated in the discussions and brought certain issues though they did not oppose the resolution. Shri Maham Singh (Cong.), Leader of the Opposition also took part and while supporting the resolution spoke about the social custom of tribals which should not be lost  sight of.

        Shri H. Hynniewta (Ind), Shri D. Lyngdoh (APHLC) and Shri M. Reidson Momin (APHLC) strongly supported the resolution and wanted the Act to be implemented immediately as in the words of Shri Hoover Hynniewta it was a "turning point in the history of Meghalaya" and said that " social justice" would now take definite shape. He whole-heartedly supported the resolution.

        Replying to the discussion, the Minister for Revenue apprised the House that although the Urban Land (Ceiling and Regulation) Act, 1976, received the assent of the President in February,1976, the Government could not bring the matter up before the Assembly earlier because of the fact that the Government of Meghalaya had taken some time to study this important piece of legislation in depth. He also informed the House that the leaders of various political groups in the Assembly had been taken into confidence much earlier in this respect. He assured the House that it was not the intention of the Government to adopt a "steam roller attitude" but to exercise every caution to avoid hardship in ....... special cases and to taker all concerned into confidence before any area would be brought under the purview of the Act.

        The resolution was adopted unanimously.

        (ii) Shri G.S. Marak, Minister for Forests moved the following resolution which ws passed without any discussion:

" WHEREAS, this Assembly considers that it is desirable to have a uniform law throughout India for the protection of wild animals and birds and for matters connected therewith or ancillary and incidental thereto;
AND WHEREAS, the subject matter of such a law is relatable mainly to entry 20 (protection of wild animals and birds) of list II-State List of the Seventh Schedule to the Constitution of India;
AND WHEREAS, Parliament has no power to make laws for the States with respect to the matters aforesaid except as provided in Article 249 and 250 of the Constitution of India;
AND WHEREAS, it appears to this Assembly to be desirable that the aforesaid matters should be regulated in the State of Meghalaya  by Parliament by law;
AND WHEREAS, the Parliament has enacted the Wild Life (Protection) Act, 1972 (No.53 of 1972) to provide for protection of wild animals and birds and for matters connected therewith or ancillary and incidental thereto;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 252 of the Constitution of India and sub-section  (2) of Section 1 of the Wild Life (Protection) Act, 1972, this Assembly hereby resolves that the Wild Life (Protection) Act, 1972 (No.53 of 1972) be adopted in its application to the State of Meghalaya".

6. LAYING OF RULES ETC:

        (i) Shri S.D.D. Nichols Roy, Minister for Industries, caused the amendments to the Assam Motor Vehicles Rules, 1940, as adopted by Meghalaya, to be laid on the Members' Table, on behalf of the Minister of Transport.

        (ii) The Minister for Powers, Shri S.D.D. Nichols Roy, also caused the Annual Financial Statement of the MSEB for the years 1975-76 and 1976-77 to be laid on the Members' Table.

7. DISCUSSION UNDER RULE 49(1):

        Shri R. Lyngdoh (HSPDP) raised a discussion under Rule 49(1) of the Rule of Procedure on answer to Unstarred Question No.101 asked on the 2nd April, 1976. He brought further points on the answer to this question and wanted clarification from the Minister, Supply.

        Shri G. Mylliemngap (APHLC) and Shri W. Syiemiong (HSPDP) also participated in the discussion.

        The Minister for Supply, Shri E. Bareh, clarified the points at the end of the discussion.

8. PRIVATE MEMBERS' RESOLUTION:

        Resolution No.6 standing in the name of Shri H.E. Poshna was deemed to have been withdrawn owing to the absence of the member.

9. PROROGATION:

        There being no more business to be transacted, the Speaker read out the prorogation order of the Governor and the House was prorogued at 12.8 P.M.

Sd/- R.T. RYMBAI,
Secretary,
Meghalaya Legislative Assembly.

 Memo. No. AS (SB) 6/MLA/76/3761-1961,  dated Shillong, the 9th April '76.