MEGHALAYA LEGISLATIVE ASSEMBLY
BUDGET SESSION 1978
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BULLETIN NO.10
Monday, April 3, 1978.

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

1.    QUESTIONS :

        Unstarred questions Nos.1 and 2 with supplementaries thereto were disposed of.

2.    ZERO HOUR

        Shri. D.D. Lapang (Cong.) raised a point deprecating the action of the Government in advising the Chairman of the Council which he alleged, amounted to undue interference in the affairs of the said District Council.

        The Minister-in-charge of District Council Affairs, Shri. Jackman Marak, made a statement narrating the circumstances under which the District Council had to be prorogued by the Chairman but denied that the Government had any hand in advising the Chairman to this effect.

3.    CONSIDERATION AND PASSING OF GOVERNMENT BILLS :

        The following Bills were passed without any discussion :-

(i)

The Meghalaya (Ministers' Salaries and Allowances) (Amendment) Bill, 1978;

(ii)

The Meghalaya Municipal (Garo Hills Autonomous District) Bill, 1978; and

(iii)

The Meghalaya Finance (Sales Tax) (Amendment) Bill, 1978.

4.    RESOLUTION FOR RATIFICATION OF THE CONSTITUTION (FORTY-FOURTH AMENDMENT) BILL, 1977 :

        The following resolution moved by Shri. D.D. Pugh (Chief Minister) was passed without any discussion:-

    "That this House ratifies the amendment to the Constitution of India falling within the purview of the proviso to clause (2) of Article 368 thereof proposed to be made by the Constitution (Forty-Fourth Amendment) Bill, 1977, as passed by the two Houses of Parliament and the short title of which has been changed into. The Constitution (Forty Third Amendment) Act, 1977".

5.       LAYING OF NOTIFICATIONS :

        The following notifications were caused to be laid :-

(i)

Notification No. DCA.79/76/58 dated 25.3.78 by the Minister in-charge District Council Affairs, Shri. J. Marak;

(ii)

Notification No. DCA.56/77/10, dated 31.3.1978 by the Minister in charge District Council Affairs; and

(iii)

Election Commission's Notification No.282/1/MEG/77, dated 17.1.78, by the Chief Minister Shri. D.D. Pugh.

6.    GOVERNMENT RESOLUTION :

        The following motions were moved by the Minister-in-charge District Council Affair after the motion for suspension of Rule115 (4) of the Rules of Procedure and Conduct of Business in respect of each of these resolutions move by the Minister for Parliamentary Affairs, Shri. M.N. Majaw, was adopted by the House :-

(i)

"WHEREAS the term of the members of the Garo Hills Autonomous District Council expired on the 25th March, 1977;

    WHEREAS the term of the members of the aforesaid Autonomous District Council was extended by the Governor as circumstances then extended which rendered the holding of the election to the said District Council impracticable;

    WHEREAS the election to the District Council not held during the said extended period of one year.

    WHEREAS the Governor was not satisfied that the circumstances exist which render the holding of the Election impracticable;

    WHEREAS the Governor was satisfied that it would not be in the public interest to extend the term of the members of the said District Council for any further period;

    AND WHEREAS on expiry of the extended term of members of the said District Council, the Governor has assumed to himself the administration of the said District Council under sub-paragraph (2) of paragraph 16 of the Sixth Schedule to the Constitution vide Notification No. DCA.79/76/58, dated 25th March 1978, and has also taken necessary steps for holding of the election to the said District Council immediately;

    NOW, therefore, the Legislative Assembly of Meghalaya does hereby resolve that the Order of the Governor No. DCA.79/76/58, dated 25th March, 1978, notified under sub-paragraph (2) of paragraph 16 of the Sixth Schedule to the Constitution assuming to himself the administration of the Garo Hills Autonomous District Council including all functions and powers vested in or exercisable by the said District Council be approved as provided under sub-paragraph (3) of paragraph 16 of the Sixth Schedule to the Constitution."

    NOW, therefore, the Legislative Assembly of Meghalaya does hereby resolve that the Order of the Governor No. DCA.99/77/V, dated the 6th December 1977 notified under sub-paragraph (2) of paragraph 16 of the Sixth Schedule to the Constitution assuming to himself the administration of the Khasi Hills Autonomous District Council including all functions and powers vested in or exercisable by the said District Council be approved as provided under sub-paragraph (3) of paragraph 16 of the Sixth Schedule to the Constitution".

 

 
(iii)

The following resolution was also moved by the Minister in-charge, District Council Affairs :-

    "WHEREAS, the Jaintia Hills District Council was summoned by the Governor to meet on the 28th day of March, 1978 for passing the budget of the Council for the next financial year;

    WHEREAS, the said Council was prorogued before the said budget was passed by the Council.

    WHEREAS, it was impracticable for the Governor to summon the session of the District Council for passing the budget before the close of the current financial year;

    AND WHEREAS, the Governor was satisfied that a situation had arisen in which the administration of the Jaintia Hills District Council could not be carried on in accordance with the provisions of the Sixth Schedule of the Constitution and accordingly has assumed to himself the administration of the said District Council in exercise of powers under sub-paragraph (2) of paragraph 16 of the Sixth Schedule to the Constitution vide Notification No. DCA.56/77/100, dated 31st, March, 1978;

    NOW, therefore, the Legislature Assembly of Meghalaya does hereby resolve that the Order of the Governor No. DCA.56/77/100, dated 31st March, 1978 notified under sub-paragraph (2) of paragraph 16 of the Sixth Schedule to the Constitution assuming to himself the administration of the Jaintia Hills Autonomous District Council including all functions and powers vested in or exercisable by the said District Council be approved as provided under sub-paragraph (3) of paragraph 16 of the Sixth Schedule to the Constitution."

        Earlier, to this, the Minister-in-charge, District Council Affairs, made a statement detailing the circumstances leading to the prorogation of the meeting of the District Council by its Chairman on March 28, 1978, which was scheduled to elect the Chief Executive Member.

        The Leader of the Congress Party, Shri. W.A. Sangma, criticised the Government for not allowing the Executive Committee of the Garo Hills District Council to continue till the election of a new Executive Committee since, he maintain the defunct Executive Committee enjoyed the confidence of the Council. He felt that this was in utter violation of the District Council Rules.

        Shri. Snomick Kalwing (Cong.) fell in line with Shri. Sangma and characterised the action of the Government as undemocratic.

        Shri. B.B. Lyngdoh, U.L.P. (APHLC) spoke for the resolution while Shri. Maham Singh (Cong.) spoke against it.

        Replying to the discussing, the Chief Minister states that it was not a question of dissolving the Council but it was rather a question of not further extending the term of office of its members. He maintained that Government was firm in its stand for holding election to the Council within a very short period and stated that the present action of the Government in taking over the administration was only a move towards this end.

        The Deputy Chief Minister stated that the action of the Government was in consonance with the Constitutional provision and all other rules or regulations applicable for day to day administration of the Council will be eclipsed by the said Constitutional provisions.

        The Resolution was pressed for a division and the House divided with the following results :

Ayes : 35;

Noes : 2.

        The Resolution was therefore deemed to have been passed by the House.

(ii)

The following resolution moved by the Minister in-charge, District Council Affairs, was passed without any discussions :-

   "WHEREAS, vote-on-account budget presented by the Chief Executive Member of the Khasi Hills Autonomous District Council before the District Council on 1st day of December, 1977 was rejected by the majority of the members of the said Council;

    AND WHEREAS, the Governor was satisfied that the situation had arisen in which the administration of the Khasi Hills Autonomous District Council could not be carried on in accordance with the provisions of the Sixth Schedule to the Constitution and accordingly, has assumed to himself the administration of the said District Council in exercise of powers conferred under sub-paragraph (2) of paragraph 16 of the Sixth Schedule to the Constitution vide Notification No. DCA.99/77/V, dated the 6th December, 1977;

        Shri. D.D. Lapang (Cong.) blamed the Government for pressurising the Chairman of the Jaintia Hills District Council to prorogue the Council, which he felt was very undemocratic.

        Shri. W.A. Sangma, Leader of the Congress Party held the view that the meeting of the Council have been adjourned for a day instead of proroguing it.

        Replying to the discussion, the Chief Minister stated that a meeting of the Council was actually held on March 28, 1978, but it failed to elect the Chief Executive Member and thereby the Council Budget could not be passed. It was therefore absolutely essential for the Governor to take over the administration of the Jaintia Hills District Council so that authorisation to the expenditure could be issued. He further stated that Government was ready to hand over the administration as soon as the Council could elect its Leader.

        The resolution was thereafter passed.

A D J O U R N M E N T

        There being no more business to be transacted the House was adjourned at 11.37 A.M. till 9.30 A.M. on Tuesday, April 4, 1978.

 

 Sd/- D.S. KHONGDUP,
Secretary,
Meghalaya Legislature Assembly.

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