MEGHALAYA LEGISLATIVE ASSEMBLY

BUDGET SESSION 2005

BULLETIN N0 - 20.

(TUESDAY, THE 18th APRIL, 2005)

        The House met at 10. a.m. with the Hon'ble Deputy Speaker in the Chair. The day was devoted for the transaction of Government Business :

1.    QUESTIONS :

        Starred questions Nos.391 to 401 with Supplementaries thereto, Nos.402 to 405 without supplementary, were disposed of. 

2.    ANNOUNCEMENT FROM THE CHAIR  :

       The Hon'ble Deputy Speaker apprised the House that on 13th April, 2005 he had received a letter signed by seven Members of this august House requesting for extension of the House by two hours on 18th April, 2005 to make out for the time lost due to holiday on the 8th April, 2005. He read out the letter for the benefit of the House.

        Shri R.G. Lyngdoh pointed out that since the House had lost only one hour on Friday, it would be in the fitness of thing if only one hour could be extended today. 

        Shri J.D. Rymbai, Minister incharge Parliamentary Affairs clarified that the appeal of the opposition Member is not in conformity with the loss due to holiday on the 8th April, 2005, he suggested that only one hour it will be sufficient.

        Shri P.T. Sawkmie endorsed the views expressed by Shri R.G. Lyngdoh and by the Minister incharge Parliamentary Affairs.

        (The House extends its sitting by one hour and Voting on Demands for Grants will be taken upto 2 p.m. today the 18th April, 2005).

3.    VOTING ON DEMANDS FOR GRANTS   :

        Shri P.M. Syiem, concluded his discussion on cut motion to Grant No.11. He urged the Government to take electrification of the rural areas on priority basis and suggested installation of metre system by the Me.S.E.B. for correct readings so that the consumers in the villages do not have to pay extra money for the actual units of electricity. He also suggested that electrification in the following villages in his constituency should be taken up on a war footing :- Mawblah area, Mawkhar Mylliem and Maweitnai.

        Replying to the points raised by the Mover of the cut motion including other participants, Dr. Donkupar Roy, Deputy Chief Minister incharge Power gave a categorical statement on the functioning of the Me.S.E.B. since its inception on January, 1975.    

        The Deputy  Chief Minister, replied to the clarifications sought for by the hon. Member from Mylliem and the hon. Member from Nongstoin after which the cut motion was subsequently withdrawn by the mover with the leave of the House. Grant No.11 was passed.

        Grants Nos.12,13,14 and 15 were passed since there were no cut motions against these Grants.

        Dr. Mukul Sangma, Deputy Chief Minister incharge Home (Police) moved Grant No.16.

        Shri Manas Chaudhuri moved his cut motions against Grant No.16. The hon. Mover discussed on the unsatisfactory performance of the Police personnel in protecting legal and constitutional rights of the citizens in the State. He reiterated the need to revamp and modernise the Police. He stated that recruitment of Police men has not been done on merit but that it had taken place on political pressure and that corruption has cropped in the recruitment policy. The hon. Member from Mawprem expressed his unhappiness as the offenders and culprints are going scottfree without punishment. He recalled the brutal murders and gangrapes which have taken place in the last few years but nothing has come out so far to arrest and punish the criminals. He suggested the setting up of Prosecution Wing to be headed by I.G.P. to accelerate the process of investigation and to equip the police force with modern technology by putting up website and that the police should be people friendly.

        Shri R.G. Lyngdoh, Shri D.P. Iangjuh, Shri P.T. Sawkmie, Shri P.M. Syiem and Shri H.S. Lyngdoh took part. All the hon. Members supported the cut motion.

        In reply to the points raised by the mover of the cut motion and other Members who have taken part, Dr. Mukul Sangma, Deputy Chief Minister incharge Home (Police) apprised that the general law and order situation in the State in the last two years have by and large been peaceful due to a high level of commitment and dedication of the Meghalaya Police which has resulted in the decline of crimes rate in the State. The Deputy Chief Minister told that a series of reforms measures have been taken by the department to galvanise the State Police Force to face new challenges and to function effectively by upholding the legal and constitutional rights of the people. He further replied that a Committee was constituted under the Chairmenship of the ex-D.G.P. is evaluate the strength and weaknesses of the police force and that the report of the Committee is awaited. He further replied to the clarifications called for by the mover. The cut motion was thereafter withdrawn by the mover with the leave of the House and Grant No.16 was passed.

        Grants Nos.17 and 18 were passed since there were no cut motions against those Grants.

        Grant No.19 was also passed since the mover of the cut motion tabled against this Grant was absent. Grant No.20 was also passed since there was no cut motion against this Grant.

        Dr. Mukul Sangma, Deputy Chief Minister incharge Education moved Grant No.21.

        Shri Manas Chaudhuri moved his cut motion against Grant No.21. He discussed on the functioning of the Education Department particularly the adhoc Upper Primary, Secondary and Elementary Education. He drew the attention of the Minister incharge to the plight of the schools run by the Government and desired what action the Government has taken on the memorandum submitted by the Meghalaya Parents and Guardians Association in November, 2004.

        The mover urged for filling up of the posts of Psychology Teacher in Pine Mount School for Girls and for the grant of pension for Primary School teachers. He suggested the State Government to released the amount to the Ram Krishna Mission Secondary School, Sohra sanctioned by the Government of India in 2004-05 under the N.L.C.P.R.

        Shri P.T. Sawkmie opposed the cut motion.

        Since the time was 2. p.m., the hon'ble Deputy Speaker, under sub-rule 3 of rule 144 of the Rules of Procedures and Conduct of Business, guillotined the following remaining Grants :-

        Grants Nos.21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 60. (He put the main question to vote, the motion was carried and the all the above Grants were passed).

4.    THE MEGHALAYA APPROPRIATION (NO. II) BILL, 2005  :

        Dr. Donkupar Roy, Deputy Chief Minister incharge, Finance introduced the Meghalaya Appropriation, (No. II) Bill, 2005.

5.   SUSPENSION OF RULES  :

        Shri J.D. Rymbai, Minister incharge Parliamentary Affairs moved :

        "That the second proviso to sub-rule (c) of Rule 72 of the Rules of Procedure and Conduct of Business in its application to the Meghalaya Appropriation (No. II) Bill, 2005, be suspended for the time being in so far as the Rule requires circulation of the Bill four days in advance before the motion for consideration may be move".

        (The motion was carried and the rule was suspended for the time being).

        Dr. Donkupar Roy, Deputy Chief Minister incharge Finance, moved that the Meghalaya Appropriation (No. II) Bill, 2005 be taken into consideration. But since there were no amendments to this Bill, the Deputy Chief Minister incharge Finance, further moved that the said bill be passed.

        (The motion was passed and the Meghalaya Appropriation (No. II) Bill, 2005 was passed).

6.    THE MEGHALAYA STATE LANGUAGE BILL, 2004   :

        Dr. D.D. Lapang Chief Minister, moved that the Meghalaya State Language Bill, 2004 be taken into consideration;

        But since there were no amendments to this Bill, the Chief Minister moved that the bill be passed.

        (The motion was carried and the Meghalaya State Language Bill, 2004 was passed.)

7.    THE CONTINGENCY FUND OF MEGHALAYA (AMENDMENT) BILL, 2004 :

        Dr. Donkupar Roy, Deputy Chief Minister in-charge, Finance moved that the Contingency Fund of Meghalaya (Amendment) Bill, 2004 be taken into consideration;

        But since there were no amendment to this bill, the Deputy Chief Minister incharge Finance moved that the bill be passed.

        (The motion was carried and the Contingency Fund of Meghalaya (Amendment) Bill, 2004 was passed.

8.    THE MEGHALAYA TRANSFER OF LAND (REGULATION) AMENDMENT BILL, 2004  :

        Dr. Donkupar Roy, Deputy Chief Minister moved that the Meghalaya Transfer of Land (Regulation) Amendment Bill, 2004 be taken into consideration;

        Shri Manas Chaudhuri moved the following amendment:

        "In Section 3A sub-para (c) delete the full stop (.) appearing after the word "daughter-in-law and substitute by a comma (,) and insert the following words" or any person whom the land owner feels emotionally close with or is indebted to or any philanthropic, religious welfare organisation his/her choice".

        Moving his amendment to the Bill, the hon. mover stated that the Indian Succession Act does not give any defination on transfer of land by virtue of will and as such, he felt that by bringing this Bill Government is trying to circumscribe people to whom land can be transferred by will which is ultra-virus to the constitution in as much as it takes away the right to own land. Referring to Article 14. he said that there is no reasonable restrictions on the fundamental rights of the citizen and that there are old people who are emotionally attached to a certain person who may like to give away the land to somebody whom he is indebted. He urged the Government to look into these aspects since he was of the opinion that it may attract legal action and he submitted that the matter should be re-examined and to be referred to the Select Committee.

        Dr. Donkupar Roy, Deputy Chief Minister incharge Revenue replied that this amendment bill is being prepared with the intention to prevent alienation of land in the scheduled area by means of will to any person. However, he added that it appears that these is a feeling that the intention of the Government is to take away the rights of the citizen and that because of that he felt that Government was not in a hurry to rush for this bill. He requested the House to re-examine the matter in depth as suggested by the mover and to refer the bill to the Select Committee by involving members from both sides.

        Shri P.T. Sawkmie suggested that since the Government has projected this bill that it should be fit and proper to take the sense of the House whether the bill should be referred to the Select Committee or that it should be passed today.

        Shri T. N. Marak endorsed the view of  Shri P.T. Sawkmie.

        Shri R.G. Lyngdoh took part and suggested that since the bill is not an urgent  one, it should be referred to the Select Committee and that members may have a lot of scope to discuss under Rule 56 after submission of the report.

        Dr. D.D. Lapang, Chief Minister clarified that this is a very sensitive issue and that Government do not have any room to doubt that the right of the citizen of the State have been deprived for disgarded. He requested the Chair to take the sense of the House to refer the bill to the Select Committee.

        (The bill to be referred to the Select Committee with the consencus of the House).

9.    THE MEGHALAYA PARLIAMENTARY SECRETARIES (APPOINTMENT, SALARIES, ALLOWANCES
       AND MISCELLANEOUS PROVISION) BILL, 2005 :

        Shri J.D. Rymbai, Minister incharge Parliamentary Affairs moved that the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provision) Bill, 2005 be taken into consideration.

        Shri Manas Chaudhuri moved the following amendment :

        "In para 3 of the Bill after the word "Proper", the full stop (.) shall be substituted by a comma (,) and the following words be added ----- "subject to the condition that the total number of such Parliamentary Secretaries will not exceed more than fifty percent of the total strength of the Council of Ministers"

        Moving his amendment, the hon. mover said that the purpose of this amendment is to put a check and balance on the sweeping power that the House must give to the leader of the House to select the no. of Parliamentary Secretaries which is in violation of the Anti-Defection Laws. He further argued that this is a manipulation and a back door method which has bye passed the law of the land. He suggested that the size of the Parliamentary Secretaries should be half the size of the Ministers.

        Replying to the amendment, Shri J.D. Rymbai, Parliamentary Affairs Minister stated that the appointment of Parliamentary Secretaries is not only made in the State of Meghalaya alone but that other States also have appointed Parliamentary Secretaries depending on the circumstances and the requirement of the situation and that in the State of Meghalaya, the Parliamentary Secretaries were appointed from time to time by an Executive Orders since 1991 and that there are no specific laws governing their powers, appointments and functions and that the matter concerning the salaries allowances and the rank was considered by the Government in an urgent Cabinet Meeting held on 11th November, 2005 and that accordingly an ordinance to this effect was promulgated  in 2005. He requested the mover to allow this bill to be passed since he said that it is still an ordinance and that after it was passed by the House an amendment to put the check and balance can be tabled and he felt that it is not necessary to make a provision now. He requested the hon. mover to withdraw his amendment.

        Complementing the Parliamentary Affairs Minister, Dr. D.D. Lapang, Chief Minister clarified that the conception of having Parliamentary Secretaries in the State was due to the fact that recently an Act has come into force that only 12 Ministers are entitled by the Government of Meghalaya. He said that earlier there was an occasion where as many as 40 Ministers were there but that the situation has changed today whereby the Finance Commission and other agencies have extended financial assistance and hence it is difficult for only 12 Ministers to do justice since they should be available both in the offices and in the fields and that every M.L.A. is supposed to deliver the goods to the people. Hence, he said that the Government has come with this new approach to appoint so many Parliamentary Secretaries.

        The amendment was thereafter withdrawn by the mover with the law of the House.

        Shri J.D. Rymbai Minister incharge Parliamentary Affairs moved that the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provision) Bill, 2005 be passed.

        (The motion was carried and the bill was passed).

10.    THE MEGHALAYA STATE COMMISSION FOR WOMEN BILL, 2005 :

        Shri. M. N. Mukhim, Minister incharge Social Welfare moved that the Meghalaya State Commission for Women Bill, 2005 be taken into consideration.

        Shri Manas Chaudhuri moved the following amendments.

1.
 

In chapter II Para (1) the word "Constitute" shall be substituted by the words "notify Constitution".
 

2.



 

Sub-para 2 (a) and (b) shall be substituted by the following words..... "The Commission shall consist of a Chairperson, Vice-Chairperson and eight members to be elected by voluntary organisations for women duly registered with the Commission, having one vote for a multiple of 25 members, and in accordance with the rules framed for conducting such election in a fair and transparent manner".
 

3.

 

In para 4 Sub para (3), after the words "The State Government" a comma (,) shall be added and the following words be inserted" in consultation with the Leader of the Opposition in the State Assembly or his nominee".
 

4.

 

In Para 4 sub-para (4) the words "nomination or appointment" shall be deleted and the words "election, provided that the duration of such vacancy is more than one and a half years, or by nomination by the Government in consultation with the existing member if the duration of vacancy is less than one and a half years" shall be substituted.

        Moving his amendments the hon. Member from Mawprem said that in order to democratise the State Commission for Women, this organisation should be allowed to go undisturbed by the Government since he felt that this Commission is not like other commissions in which the Government has a role to play. He further asserted that if today the Government nominated a Chairman, there is a human tendency to take somebody who are outside the women-folk in the political line and hence the option will remain from outside and not from among the members of this Commission. He suggested that there should be registration of the whole body and the list of members should be according to the number of those who have to vote in the election. He also suggested that 1 vote : 25 vote in the election of the Chairman to be conducted by the competent authority to be appointed by the Government in this regard.

        In reply to the above amendments, Shri M.N. Mukhim, Minister incharge Social Welfare informed the mover that the Government of India had enacted the National Commission for Women Act 1990 and that the National Commission was set up in 1992 and the Government of India has been requesting the State Government to set up the State Commission for Women in line with the National Commission for Women and accordingly the Government have examined the matter to set up its own commission and that it was on this basis that an Ordinance was promulgated by the Governor on 27th January, 2005 and that since this Ordinance has to be replaced by the bill, the Government has drafted the Meghalaya State Commission for Women Bill, 2005 inline with the Tripura State.

        (The House was extended until the business listed for the day are disposed of). Commission for Women Act 1993, the Kerela State Women Commission Act 1990 and the Assam State Commission for Women Act 1994 and hence, the Minister incharge replied that there is no need to go for a different approach or Procedure in the matters relating to the Constitution of the State Commission for Women and for the appointment of a Chair-person and that the amendments are not required at the present juncture.

        The amendment were ultimately withdrawn by the Mover with the leave of the House :

        The Minister incharge Social Welfare moved that the Meghalaya State Commission for Women Bill, 2005 be passed.

        (The motion was carried and the bill was passed).

11.    THE MEGHALAYA VALUE ADDED TAX (AMENDMENT) BILL, 2005 :

        Shri J.D. Rymbai, Minister in-charge, Taxation moved that the Meghalaya Value Added Tax (Amendment) Bill, 2005 be taken into consideration;   

        Since there were no amendments to this bill, the Minister in-charge moved that the Meghalaya Value Added Tax (Amendment) Bill, 2005 be passed.

        (The motion was carried and the bill was passed).  

12.    THE WILLIAM CAREY UNIVERSITY BILL, 2005 :

        Dr. Mukul Sangma, Deputy Chief Minister incharge Education moved that the William Carey University Bill, 2005 be be taken into consideration.

        Since there were no amendments to this bill, the Minister incharge moved that the William Carey University Bill, 2005 be passed.

        (The motion was carried and the bill was passed)

13.    THE INSTITUTE OF CHARTERED FINANCIAL ANALYSTS OF INDIA UNIVERSITY BILL, 2005 :

        Dr. Mukul Sangma, Deputy Chief Minister incharge Education moved that the Institute of Chartered Financial Analysts of India University Bill, 2005 be taken into consideration.

        Since there were no amendments to this bill the Minister incharge moved that the Institute of Chartered Financial Analysts of India University Bill, 2005 be passed.

        (The motion was carried and the bill was passed).

14.    GOVERNMENT RESOLUTION :

        (1) Shri J.D. Rymbai, Minister incharge Parliamentary Affairs moved that the Government Resolution to amend the Resolution No.PA.21/95/16 dated 20th September, 1995 moved on 13th April, 2005 be adopted.

        (The motion was carried and the Resolution adopted).

        (2) Shri Friday Lyngdoh, Minister incharge Urban Affairs moved that this House resolve to adopt the Government Resolution moved on 15.4.2005 on the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (Central Act No.46 of 1993) in the whole State of Meghalaya with immediate effect".

        (The motion was carried and the Resolution adopted).

15.    PRESENTATION OF THE REPORT OF THE P.A.C. :

        Shri M. Rava, MLA and Chairman, Committee on Public Accounts presented the Twenty Ninth Report of the Committee on Public Accounts relating to Information and Public Relation Department.

16.    THE MARTIN LUTHER CHRISTIAN UNIVERSITY BILL, 2005 :

        Dr. Mukul Sangma, Deputy Chief Minister incharge Education introduced the Martin Luther Christian University Bill, 2005.

17.    SUSPENSION OF RULE :

        Shri J.D. Rymbai, Minister incharge Parliamentary Affairs moved :

        "That the second proviso to sub-rule (c) of Rule 72 of the Rules of Procedure and Conduct of Business in its application to the Martin Luther Christian University Bill, 2005 be suspended for the time being in so far as the rule requires circulation of the Bill four days in advance before the motion for consideration may be move".

        (The motion was carried and the Rule was suspended for the time being).

        Dr. Mukul Sangma, Deputy Chief Minister incharge Education moved that the Martin Luther Christian University Bill, 2005 be taken into consideration.

        Since there were no amendments to the Martin Luther Christian University Bill, 2005 Dr. Mukul Sangma Deputy Chief Minister incharge Education moved that the Martin Luther Christian University Bill, 2005 be passed.

        (The motion was carried and the bill was passed).

18.    ANNOUNCEMENT FROM THE CHAIR :

        The Hon'ble Deputy Speaker informed that the following nominations have been received.

        (a) Committee on Public Accounts Committee :-

        (1) Shri T.C. Lyngdoh, M.L.A. seconded by Shri P.M. Syiem M.L.A. and Shri T.N. Marak M.L.A.

        (2) Shri Manas Chaudhuri M.L.A. seconded by Shri A.L. Hek M.L.A. and Shri E.K. Sangma M.L.A.

        (b) Committee on Public Undertakings :-

        (1) Shri T.N. Marak M.L.A. seconded by Shri T.C. Lyngdoh M.L.A. and Shri P.M. Syiem M.L.A.

        (2) Shri Manas Chaudhuri M.L.A. seconded by Shri J.M. Marak M.L.A. and Shri T.D. Shira M.L.A.

        (c) Committee on Estimates :-

        (1) Shri B.G. Momin M.L.A. seconded by Shri H.D.R. Lyngdoh, M.L.A. and Shri A.L. Hek, M.L.A.

        (2) Shri P.T. Sawkmie, M.L.A. seconded by Shri J.D. Rymbai, M.L.A. and Shri M.N. Mukhim, M.L.A.

        (3) Shri Manas Chaudhuri M.L.A. seconded by Shri A.L. Hek, M.L.A. and Shri E.K. Sangma, M.L.A.

        The Hon'ble Deputy Speaker further informed the House that since the nominations received exceeded the no. of vacancies required to be filled up, election is therefore necessary. He announced that the election is fixed on the 19th April, 2005 from 10 a.m. to 2 p.m. and that the venue of election will be held behind the Assembly hall.

19.    ADJOURNMENT :

        The House rose at 3.40 p.m. and stood adjourned till 10 a.m. on Tuesday, the 19th April, 2005.

 

 

Secretary,

 

Meghalaya Legislative Assembly.