Proceedings of the Meghalaya Legislative Assembly assembled in the Assembly Chamber, Shillong at 10 O'clock on Wednesday, the 5th July 1972 with the hon. Speaker in the Chair. 

*********

STARRED QUESTIONS

Mr. Speaker - Starred question No.31

Grants to Cultural Clubs, Organisations, etc. 

Shri Rowell Lyngdoh asked : 

*31. Will the Minister of Education be pleased to State - 

(a)

What is the procedure for consideration of grants to cultural clubs, organisation and etc.?

(b)

Is it a fact that grants were given to religious organisation like the Seng Khasi, Shad Suk Mynsiem and Nongkrem Dance during 1971-72?

(c)

What was the total amount spent as grant to such organisations during 1971-72?

Shri Darwin D. Pugh ( Minister of State in-charge, Education ) replied :

31. (a)-  

Applications for grants to cultural clubs, organisation, etc., are considered as per Rules governing the sanction of grant-in-aid to such Institutions. 

 (b)-

A grant-in- aid of Rs.8,000 was sanctioned to the Syiem of Khyrim for meeting expenditure on cultural activities connected with the Nongkrem Dance. No grants were given to Seng Khasi or for Shad Suk Mynsiem during the year in question.

  (c)-

Rupees sixty thousand only.

Shri Manindra Rava ( Tikrikilla) : Mr. Speaker, Sir, no reply is given to Stared question No.30.

Mr. Speaker : Were you present? We have skipped, I am sorry. After question No.31 we will come back to Question 30.

Shri Rowell Lyngdoh ( Mawkyrwat S.T. ) : To how many cultural clubs or organisations this amount of Rs.60,000 was given. 

Shri D.D. Pugh ( Minister of State, Education ) : To a great number of cultural clubs. 

Shri Manindra Rava : We want the number, if possible.  

Shri D.D. Pugh ( Minister of State, Education ) : We have the whole list her, shall, I read it. 

Mr. Speaker : No, only the number. 

Shri D.D. Pugh ( Minister of State, Education ) : 22 in Khasi Hills, 8 in Jaintia Hills and 36 in Garo Hills. 

Shri D. Dethwelson Lapang ( Nongpoh S.T. ) : Nongkrem Dance is a religious performance. May we know why Government did not extend such grant to such function also?

Mr. Speaker : The question is cultural activities. 

Shri D. Dethwelson Lapang : But Nongkrem Dance is connected with religion. 

Mr. Speaker : That is argumentative. 

Shri H. Hadem ( Mynso- Raliang S.T. ) : May we know what are those 8 organisations for which grants were given in Jaintia Hills?

Mr. Speaker : That is not in the main question. 

Shri H. Hadem : But we are told that there are 8 organisations. 

Shri Standlington David Khongwir (Mawlai S.T) : Why no grant was given to Seng Khasi. 

Shri D.D. Pugh (Minister of State for Education) : We have received no application, Sir. 

Mr. Speaker : Starred question No.30.

Teachers of Assamese medium in Garo Hills

Shri Manindra Rava asked :

*30. Will the Minister- in- charge of Education be pleased to State -

(a) 

Whether it is a fact that in Garo Hills the Lower Primary School Teachers and the Middle English School Teachers of Assamese medium are not getting the basic training and normal training facilities from the date of inauguration of Meghalaya Sub-State ?

Shri Darwin D. Pugh ( Minister of State in -charge of Education ) replied. 

30. (a) - Yes. 

Shri Manindra Rava : May I know the reason, Sir?

Shri D.D. Pugh ( Minister of State, Education ) : Prior to 22nd April, 1970, Mr. Speaker, Sir, the non-Garos and non- Khasis were being trained in the Training Centres in the Plains districts and after the creation of the Autonomous State these teachers were deprived of that facility. 

Mr. Speaker : Starred question No.32. 

Requisition of Services of Superintendents.

Shri Upstar Kharbuli asked :

*32. will the Chief Minister be pleased to State -

(a)

Whether it is a fact that the Financial Commissioner and Special Secretary, Finance Department of the Government of Meghalaya has directly requisitioned the services of two Superintendents of the Assam Secretariat for manning the Finance Department of the Meghalaya Secretariat?

(b)

If so, what are the names of those two Superintendents?

(c)

Is it a fact that both of them are non-tribals?

(d)

Whether there is no other tribal Superintendent of the Assam Secretariat who could be taken in their places?

(e)

Is it a fact that the Financial Commissioner has directly requisitioned their services without obtaining the approval of Personnel Department?

(f)

 If so, what are the reasons for the Financial Commissioner to do so?

 Shri Williamson A. Sangma (Chief Minister) replied :

32.(a)

- Yes.

(b)

- Shri A. Das Gupta and Shri A.B. Sen.

(c)

- Yes.

(d)

- There are some tribal Superintendents in Assam Secretariat but the services of Sarvasree Das Gupta and Sen were requisitioned on account of their long and specialised experience in the Finance Department. 

(e) 

and (f)- Financial Commissioner is also Special Secretary Personnel Department. 

Shri Upstar Kharbuli (Malki) :- May we know what is that specialised qualification that these Superintendents have got?

Shri W.A. Sangma (Chief Minister) :- One is specialised in Budgeting and the other in the Pay Commission.

Mr. Speaker :- Starred Question No.33.

Candidates appeared in the examination conducted by the Selection Board

Prof. Martin Narayan Majaw asked :

*33. Will the Chief Ministers be pleased to state -

(a)

Whether it is a fact that about 5,000 candidates appeared in a written examination held last September, 1971, by the Selection Board of Meghalaya?

(b)

Whether it is a fact that about 300 candidates qualified the appointment after the oral examinations in 1972?

(c)

Whether it is a fact that 33 new posts for Lower Division Assistants are to be created to accommodate the 300 qualified candidates?

(d)

Whether it is a fact that 33 new posts will be created in the distance future

(e) 

If so, when will these new posts be created ?

Shri Williamson A. Sangma (Chief Minister) replied :

33.(a) and (b)

- The total number of candidate who applied for the post of Lower Division Assistants in the Secretariat and in the officers of the Heads of Departments is 1,476. Of these only 876 candidates were found to be eligible and only 761 of them actually appeared in the written test conducted by the Selection Board on 9th and 11th September, 1971. Of these, 392 candidates were called for interview at Jowai, Tura and Shillong on 22nd November, 1971, 29th November, 1971 and 7th to 18th December, 1971 respectively but only 367 candidates turned up for interview. On the recommendations of the Selection Board, the result was announced on 4th April, 1972 wherein in 355 candidates are declared to have passed the test in order of merit.

(c)

- No. There are 33 vacancies of Lower Division Assistants in the Secretariat and 31 vacancies of Lower Division Assistants in the offices of the Heads of Departments. Of the 355 successful candidates, 24 of them have been given appointment as Lower Division Assistant in the Secretariat the 15 have been offered appointment as Lower Division Assistants in the office of the Heads of Departments. The remaining vacancies are kept for absorption of the retrenched personnel's of R/R Department. 

(d)  and  (e) 

- Do not arise.

Shri W.A. Sangma ( Chief Minister ) : Mr. Speaker, Sir, before I give a reply I would like to give a suggestion. I find that identical questions have been put by the hon. Members. The practice in the Parliament is that when such questions on the same subject are brought forward the names of the questioners are put together so that it will be convenient for the Government to give a reply to one set of questions. I think that will be done in future. 

Mr. Speaker : In the Secretariat and I think in other State Assembly Secretariats also, it is really difficult for the Secretariat to sort out the identical questions because somebody might submit one question on the first day when the other Member would submit the same question after 15 days. But in case the Ministers find it difficult to reply to some identical questions, they may reply " Please refer to Starred Question so and so".

Shri W. A. Sangma ( Chief Minister ) : May I draw the attention of the House to Rule No.37 (7) - "It shall not repeat in the same session in substance questions already answered or to which an answer has been refused. "Here, it may be stated that the reply has already been given but if the Assembly Secretariat finds that some questions to which replies have already been given, I think, on that ground, the hon. Members who put the same question may be advised that this cannot be repeated. 

Mr. Speaker : In fact, they should come more or less at the same time and these would be clubbed together. 

Shri Stanlington David Khongwir ( Mawlai S.T) : Sir, whether these 24 persons appointed have been appointed only on merit. 

Shri Williamson A. Sangma ( Chief Minister ) : Yes, Sir. 

Starred Question No.34. 

Compulsory Languages to be learnt by Government servants

Prof. Martin Narayan Majaw asked :

*34. Will the Chief Minister be pleased to state- 

(a)

Whether there are any Languages that State Government servants have to learn compulsory?

(b)

If so, what are those languages?

Shri Williamson A. Sangma ( Chief Minister ) 'replied :

34. (a) and (b)- A decision regarding local languages to be learnt by officers belonging to services under the Government of Meghalaya will be taken after such services are constituted. Officers at present on deputation to the Government are governed by their relevant Service Rules in this regard. 

Starred Question No.35

Rehabilitation of Bangladesh Refugees

Prof. Martin Narayan Majaw : asked :

*35. Will the Minister- in-charge, Relief and Rehabilitation be pleased to state- 

(a)

Are there any refugees from Bangladesh who have been rehabilitated by the Government of Meghalaya?

(b)

If not, what are the real reasons for retaining the title of "Rehabilitation" in the name of the Department?

Shri Sandford K. Marak ( Minister, Relief and Rehabilitation ) replied :

35. (a)- About 2,000 families of the pre-1971 refugees who came fleeing to Garo Hills from East Pakistan now known as Bangladesh had been shifted to various rehabilitation sites in the District.  The rehabilitation of these families was implemented through the Garo Hills District Council and through the Soil Conservation Department of the State with the assistance of the Garo Hills District Council, 222 families still live in relief camp at Rongram and are yet to be shifted to rehabilitation sites. 

        (b)- Does not arise in view of reply to (a) above. 

Prof. Martin Narayan Majaw ( Mawhati S.T. ) : May we know, Sir, if these families are tribal families who were living in Bangladesh?

Shri Sandford K. Marak ( Minister, Relief and Rehabilitation ) : Mr. Speaker, Sir, they are all Garo families living in Bangladesh who crossed in 1960, I think. 

Starred Question No.36.

Meghalayan Employees working under Assam Government.

Shri H. Enowell Pohshna asked :

*36. Will the Chief Minister be pleased to state-

(a)

Whether it is a fact that about 50 per cent of the Meghalayans are still working under the Assam Government?

(b)

If so, what steps have been taken to absorb them in the offices of Meghalaya Government?

(c)

Whether Government is aware of the fact that after the shifting of the Assam's Capital form Shillong all these employees will have to leave their homeland?

Shri Williamson A. Sangma ( Chief Minister ) replied :

36.(a)

- Government are aware that a sizeable number of Meghalayan Government employees are still with the Government of Assam. 

 (b)

- Government have reserved a certain percentage of posts for them.

(c)

- In the even of the shifting of the offices of the Assam Government consequent on the shifting of the Assam's Capital to the Plains such employees still under the Government of Assam would inevitably have to move to the new place of location of their respective offices when such offices are so shifted. However, Government have taken up with the Government of India, the question of absorbing some of those employees in Central Government offices in Shillong. 

Starred Question No.37.

Public Service Commission

Shri H. Enowell Pohshna asked :

*37. Will the Chief Minister be pleased to state-

(a)

Whether  it is a fact that the Assam Public Service Commission is no longer functioning for the Government of Meghalaya, since 21st January, 1972.

(b)

If so, when the Meghalaya Public Service Commission is likely to be constituted?

(c)

Whether fresh appointment in Meghalaya under rules and regulations on the Assam Public Service Commission can still be made now?

(d)

If not, what alternative arrangement the Government proposed?

Shri Williamson A. Sangma ( Chief Minister ) replied :

37. (a)

- Yes.

(b)

- As soon as necessary formalities are completed. 

(c)

- No. 

(d) 

- Pending constitution of the Meghalaya Public Service Commission, Government have issued orders that in the case of appointments to posts carrying pay scales with maximum of Rs. 501 and above which have to be filled up immediately are to be made on contract basis for short periods not exceeding six months. In the case of appointments to posts on pay scale with maxima of Rs.500 and below, existing procedure of recruitment through the Selection Board,  Meghalaya shall continue. 

Starred Question No.38

Meghalaya tribals employees working in Gauhati

Shri P. Ripple Kyndiah asked :

*38. Will the Chief Minister be pleased to state-

(a)

Whether Government is aware that there are many Meghalayan tribal employees under the Government of Assam now working in Gauhati?

(b)

If so, whether the Government is aware of the great difficulties faced by them for their accommodation, etc.? 

Shri Williamson A. Sangma ( Chief Minister ) 'replied :            

38.(a)

- Yes. 

(b)

- Government are aware of the general difficulties in securing private accommodation in Gauhati but have no specific information about the Meghalayan tribal employees. 

Mr. Speaker : Before any body would put any supplementary question let me remind the House that when I call the name of an hon. Member, the hon. Member whose name is called should stand up so that I will know that he is present.

Shri P. Ripple Kyndiah ( Jaiaw S.T. ) : Mr. Speaker, Sir, whether the Government is aware that one of the difficulties experience? by the employees who are working at Gauhati is the language difficulty.

Shri Williamson A. Sangma ( Chief Minister ) : Sir, we have had enough opportunity to discuss this particular problem and I think enough replies have been made available by the Government. we have had a very thorough discussion on this.

Mr. Speaker : Starred question No.39

Recruitment of L.D. Assistants through the Selection Board. 

Shri Stanling David Khongwir asked :

*39. Will the Chief Minister be pleased to state-

(a)

The date of advertisement by the Selection Board for recruitment of Lower Division Assistant in 1971?

(b)

How many applied for the post?

(c)

When were written test and interview held?

(d)

When was the result announced and how many qualified?

(e)

Whether the result announced in order of merit?

(f)

How many persons from the test have so far been appointed in various offices?

Shri Williamson A. Sangma ( Chief Minister ) replied :

39.(a)

-The advertisements was issued by Government on 28th September 1970.

(b)

-1,476 persons applied for the posts but only 876 of them were found eligible.

(c)

-The written test was held simultaneously at Jowai, Tura and Shillong on 9th and 11th September, 1971 and the interview was held at Jowai on 22nd November, 1971 at Tura on 29th November, 1971 and at Shillong from 7th to 18th December 1971.

(d)

-The result was announced on 4th April, 1972. 355 candidates are declared to have passed the test. 

(e)

-Yes.

(f)

-24 persons have so far been given appointment as Lower Division Assistants in Meghalaya Secretariat and 15 persons were being offered appointment as Lower Division Assistants in the offices of the Heads of Departments. 

        This question is identical with Starred questions No.33.  The answers are identical and the questions are also identical. So, there is no further need of supplementary questions. 

Prof. Martin Narayan Majaw : May I humbly submit, Sir, that in question 39 (f) there is a slight difference. So the identity is not exact. 

Mr. Speaker : It is not exact but the spirit is the same. 

Prof. Martin Narayan Majaw : What are the names of the offices?

Mr. Speaker : It has already been replied in question No.33. 24 persons have been appointed. 

Shri Stanlington David Khongwir : Whether it is a fact that one person who stood in the merit list of 346, was not appointed along with the first 24 persons who were appointed?

Mr. Speaker : It has already been replied that it was done according to the merit list. 

Shri Stanlington David Khongwir : Whether is a fact some persons out of these 24 were left out? 

Shri Williamson A. Sangma ( Chief Minister ) : These are the persons according to merit. Shri J. Wahlang,.........

Mr. Speaker : He does not want the names ; he wants to know the number out of the first 24 persons whether anybody was left out. 

Shri Williamson A. Sangma ( Chief Minister ) : I think I will have to find out. Mr. Speaker, Sir, as far as the appointments of the candidates belonging to Khasi and Jaintia communities are concerned, these were made according to merit. The first 24 vacancies are meant for these particular communities according to merit but because of the reservation for the Garos, these vacancies are not immediately filled up by the candidates belonging to the Khasi and Jaintia communities as the Garos have also been declared to have passed. 

Shri S.D. Khongwir : Sir, whether the appointment is made according to merit?

Shri W.A. Sangma ( Chief Minister ) : The Government policy that among those qualified candidates, appointment is made according to merit and reservation. 

Mr. Speaker : Merit- cum -reservation.

        Starred Question No.40 (Question not put Member being absent)

        Unstarred Question

        (To which replies were laid on the Table )

Establishment of  Technical School at Jowai

Shri Humphrey Hadem asked :

56. Will the Minister - in- charge of Education be pleased to state-

(a)

Whether it is a fact that the Schemes for the establishment of a Technical School at Jowai has been accepted by the Government?

(b)

If so, what action for implementation has been taken by Government?

 Shri Darwin D. Pugh ( Minister of State, Education ) replied :

56.  (a)

-Yes, Sir. 

(b)

- Land , on payment of compensation, has been acquired and the plans and estimates are being prepared by the P.W.D.

Unstarred Question No.57. 

Shri Humphrey Hadem : Will the Government be able to start the construction work within this year?

Shri D.D. Pugh ( Minister of State, Education ) : Efforts will be made, Mr. Speaker, Sir. 

Successful candidates in the posts conducted by the Selection Board of Meghalaya. 

Shri G. Mylliemngap asked-

57. Will the Chief Minister be pleased to state-

(a)

How many candidates came out successful in the posts conducted by the Selection Board of Meghalaya on the 9th and 11th September, 1971?

(b)

How many have since been appointed from these successful candidates in the difference offices of Meghalaya?

Shri Williamson A. Sangma ( Chief Minister )  replied :

57. ( a) - 335    

       (b) - Twenty four of them have been appointed as Lower Division Assistants in the Meghalaya Secretariat and 15 have been offered appointment as Lower Division Assistants in the Offices of the Heads of Departments. 

Shri Grosswell Mylliemngap ( Sohryngkham S.T.) : May I know the last appointment issued against which name from among the successful candidates?

Shri W.A. Sangma ( Chief Minister ) : Sir, there are so many files and I will  have to search. I think that this question has been covered in the Starred Question and there is no supplementary. However, I will give the information to the hon. Member myself. 

Mr. Speaker : In fact, you should have taken the privilege of asking the question on the starred question. Preference is always given to starred questions. 

Shri W.A. Sangma ( Chief Minister ) : Mr. Speaker, Sir,. the selected candidates are kept for the need of a particular Department and the Head of the Department is to issue an appointment order. 

Shri Grosswell Mylliemngap : Mr. Speaker, Sir, whether the list which has since been published will lapse after certain period of time?

Shri  W. A. Sangma ( Chief Minister ) : Generally, those who are declared passed will be eligible to fill up future vacancies within a period of one year. 

Mr. Speaker : After one year it will lapse. 

District Selection Board at Garo Hills.

Shri Choronsing Sangma asked :

58. Will the Chief Minister be pleased to state-

(a)

Whether the Government has set up the District Selection Board at Garo Hills?

(b)

If so, what are the main functions of the Board?

(c)

What are the names of Members of the District Selection Board at Garo Hills?

Capt. Williamson A. Sangma ( Chief Minister ) replied :

58.  (a)- Yes. 

        (b)- The functions of the District Selection Committee are for conducting written tests, examinations and or interview, if any, for the purpose of recommending candidates suitable for appointment by direct recruitment to posts which fall within its purview in any District,  Sub-divisional and Sub-ordinate offices under the Government of Meghalaya on pay scales  the maximum of which does not exceed Rs.500 per mensem which do not come under the purview of the Selection Board. 

        (c)- Chairman- Deputy Commissioner, Garo Hills or his nominee, Members- Shri Mody Marak. Chief Executive Member, Garo Hills District Council. The Heads of the Office for which the particular recruitment is being done. 

        Member - Secretary- The Sub- divisional Officer (Sadar), Tura. 

Civil Hospital in Shillong 

Shri Hopingstone Lyngdoh asked :

59. Will the Minister- in- charge of Health be pleased to State-

(a)

The number of private rooms and the total number of beds in the General Wards in the Civil Hospital, Shillong. 

(b)

Whether it is a fact that there is shortage of nursed in the Hospital?

(c)

How many X-ray films have been used in the last six months and what is the amount (in Rupees) collected from those X-ray films?

(d)

Whether it is a fact that the poor patients who could not pay for the X-ray films were not given X-ray?

Shri Sandford K. Marak ( Minister in-charge of Health) replied 

59  (a)- Private Wards - 

Beds

Cabin   ...

...

10

Four seated (Male)

...

8

Four seated ( Female)

...

4

General Wards ...

...

128

(b)- Yes.

(c)- 503 plates were used Rs. 282 was collected. 

(d)-No. 

Hospitals, dispensaries and other medical  institutions 

Shri P. Ripple Kyndiah asked :    

60. Will the Minister -in- charge of Health be pleased to state-

(a)

Whether all the hospitals and dispensaries and other medical institutions in Meghalaya now fall under the control of the Government of Meghalaya?

(b)

If so, whether the Government have taken over the Pasteur Institute and also the National Malaria Eradication Programme?

(c)

If so, when?

(d)

If the answer to (a) and (b) is in the affirmative, the procedure Government has proposed in accommodating the staff of all the Hospitals and Dispensaries?

Shri Sandford K. Marak (Minister of Health) replied :

60.  (a)

- Yes, excepting the hospitals and dispensaries and other medical institutions run by the non- official organisations and also the State Malaria Institute, the State Public Health Laboratory and the State Vaccine Depot, all three of which are situated in Shillong and are still under the control of the Government of Assam. 

(b)

-Yes.

(c)

-The Pasteur Institute on 21st January 1972. And the National Malaria Eradication Programme on 2nd April, 1970.

(d)

-The staff in position in those hospitals, dispensaries and other medical institutions were taken over at the same time and were all accommodated in their own respective posts.

Shri P.R. Kyndiah (Jowai S.T.) : May we know what are the difficulties for not taking over the State Malaria Institute, the State Public Health Laboratory and the State Vaccine Depot that are in Shillong?

Shri Sandford K. Marak (Minister, Health) : Mr. Speaker, Sir, the reasons for not taking over the three Institutions by the Government of Meghalaya are :- 

        (i) Malaria Institute :- The Malaria Institute is the State Institute of the erstwhile Government of Assam and the Staff of which was meant for the malaria units all over the State of Assam. It also functions as Research Institution on malaria. In view of the fact that we have comparatively a small area to cover under the malaria programme compared with the State of Assam, it was not considered feasible on our part to take over these institutions. However, the question of establishing a State Malaria organisation for Meghalaya has been taken up with the Government of India Government of India's decision on the matter is awaited. 

        (ii) Public Health Laboratory :- This institution caters to the needs of the State of Assam including Meghalaya, Arunachal and Manipur etc. In the event  of this laboratory being shifted to Gauhati by the Government of Assam in the near future, we proposed for the creation and appointment of an Assistant Analyst. 

        (iii)  Vaccine Depot :- This was not taken over because the manufacture of liquid vaccine lymphs has been discontinued by the Assam Government with the introduction of the Russian or dry vaccine. 

        National Malaria Eradication Programme is a national programme sponsored by the Government of India. Out of the 13.25 malaria units in the composite State of Assam only 1.80 units come under Meghalaya, namely, one unit in the Khasi and Jaintia Hills and 00.80 unit for the Garo Hills. These two units are at district level and we have taken over these units only, under National Malaria Eradication Programme. 

Prof. M. N. Majaw : Whether the Government is aware of the facts that some of the staff quarters in the Pasteur Institute are still being occupied by the employees of the Government of Assam?

Shri S.K. Marak (Minister Health) : Government is not aware of it, Sir.

Shri W.A. Sangma (Chief Minister) : Mr. Speaker, Sir, I have got the file regarding unstarred question No.57. The appointment order was issued on 6th June 1972.

Shri Grosswell Mylliemngap : I mean the last name, Sir. 

Shri W. A. Sangma (Chief Minister ) : The name is H.R. Marak and he has been allotted to the P.W.D.

Primary Education under the Crash Scheme Programme for the Jowai District Council.

Shri Humphrey Hadem asked :

61. Will the Minister-in- charge of Education be pleased to State- 

(a)

What amount was sanctioned in 1972-73 to the Jowai District Council for the extension of the Primary Education under the Crash Scheme Programme?

(b)

What will be the monthly pay of a teacher under the Scheme?

Shri D.D. Pugh (Minister of State, Education) replied :

61.  (a)

-No amount has been sanctioned to date.

(b)

-The pay will be according to prescribe scales of pay for a Lower Primary School teacher. 

Shri Humphrey Hadem : Whether Government propose to provide any grant under such crash under such crash scheme during this year?

Mr. Speaker : The question is whether Government will provide fund under crash scheme for education this year?

Shri D.D. Pugh (Minister of State, Education) : The answer is yes, Sir.


Privilege Motion

Mr. Speaker : Now, Mr. Hoover Hynniewta to raise a privilege Motion against the Editor of "Young India", Shillong. 

*Shri Hoover Hynniewta (Nongkhlaw S.T. ) : Mr. Speaker, Sir, although initially we had greeted your announcement with a ripple smile, bat yet when I stand here today, I few a deep sense of sorrow and pain that this matter should have come again before this august House. I, therefore, take this opportunity to raise a privilege issue against the editor and printer of the newspaper "Young India" because of his editorial under the caption "Privileges of Legislators and Assembly" which appeared on June 22, 1972 issue of the said paper. Sir, it is certainly a matter of great regret and misfortune that our new-born State and its elected Assembly should at so early in age and within so short a time had to face two alleged breach of privilege and  now we have come to the third case committed by the Editor of the said paper. Sir, I consider it to be a grave and serious matter and I would like, with all the emphasis I can command, to underline the gravity of the offence that this Editor has committed. Sir, the Editor should have realised the vulnerability of his position, his cajolity and his bitterness should this House decide through its executive arm to silence him forever (applause). But, Sir, in so doing we have to proceed cautiously and deal with this case, however serious it may be with with as sense of balance and with full realisation of the dignity of the House which we seek to uphold. Sir, we know fully well how this man had all along been against us for fighting for our separate State and now when we have a State of our own, he considered it to be his bounded duty to malign the Members and this Assembly as a whole. Sir, we have here the Rule of Law and, therefore, if we proceed against this person in a manner which will be consistent with our legal and constitutional position, I believe that it will reassure all classes of the citizens residing in the State be they the minorities or be they Members of the majority communities. Sir, when we go through the wordings of his article our blood boils and I believe the present atmosphere is surcharged with great emotion. But, as I said earlier, Mr. Speaker, Sir, we should not lose our sense of balance or by any hasty action we should not impair and impale the dignity of the House which we seek to uphold. In this connection, Sir, I would like to draw the attention of the House to the remarks made by the Supreme Court in  Special Reference No.1 of 1964. The Supreme Court said "We ought never to forget that the power to punish for contempt large as it is, must always be exercised cautiously, wisely and with circumspection. Frequent or indiscriminate use of this power in anger or irrigation would not help to sustain the dignity or status of the court but may sometimes affect it adversely. Wise judges never forget that the best way to sustain the dignity and status of their office is to deserve respect from the Public at large by the quality of their judgments, the fearlessness, fairness and objectively of their approach and by the restraint, dignity and decorum which they observe in their judicial conduct. We venture to think that what is true of the Judicature is equally true of the Legislature." Sir, as this House is fully aware, the privilege case against the Editor is still pending  before the Privilege Committee of this House, that means before the House itself; and one should have thought that when the matter is pending before the House it is subjudice for any Member of this House or for any newspaper to make any comments on a sub-judice matter, that this Editor should  have decided to make  a reference in his Editorial on a matter  which is pending before the House is itself a contempt of court is committed by a party or any person by making any resolutions on a case pending before said court. The Editor in his Editorial is anticipating a decision of the House. Sir, the House has not committed a breach of privilege but yet in his Editorial he has anticipated a decision of the House against him. He has said to prejudice the opinion of the Members of this House and the people outside against his case. He has said also to intimidate the Members of the Privilege  Committee and this august House so that they may not touch him and thereby expose themselves to a new attack. 

        It seems as if this Editor is saying "to hell with you the Members of this House." "I could not care less for your decision as if one contempt is not enough, I will commit another just to spite you. That seems to be the attitude of this Editor Sir, and he has taken pride also of his previous contempt against the erstwhile State Assembly of Assam. I would  draw your  attention Sir, to his remarks in this regard : "We may remind the honourable Member that Young India was hauled up by the Privileges Committee of the Assam Assembly in 1960 and the editor had to suffer the punishment of not being given a Press Gallery card for the Assam Assembly till today. But Young India offence was that it criticised the Assembly for not referring to the slaughter of one section of citizen in the disgraceful riots in Assam during 1960. Imagine a paper which exposes the utter incompetence of a Government is accused of insulting the dignity of a House that was really guilty of grave dereliction of its primary duty of protecting the citizens of the State from violent attacks of civilised goondas". Sir, some of us had the privilege of being Members of the Assam Assembly during those days. As a matter of fact, the Chief Minister was at that time a Member of the Assam Cabinet, we were being maligned then and we are again being maligned today and this m an considers it of be a great feat of achieving that goal of m aligning the Assam Assembly at that time and to get an opportunity of maligning it again today. Sir, he said there: "The Meghalaya Assembly has been given the honour and Young India the special privilege of bring the first newspaper of this new born- State to be accused of a breach of privilege". Not only that, he also takes pride for himself for his paper, he felt as if his paper and the Editor along with the printer are sacrificial lambs that have to be offered at the alter and he has considered it to be a great pride for his paper to be the first to occasion the privilege Motion before this House. But Sir, even here it is wrong and his excessive pride has betrayed him and if it can be regarded as an honour it does not belong to him but it belongs to "Ka Pyrta U Riewlum" for being the first paper to occasion a Motion of a breach of privilege before this House. Therefore, the Editor has claimed credit or discredit that does not belong to him. Sir, there are some people who cannot bring any fame by hook or by crook (laughter). He cannot as I said, achieve fame by all his ascots of greatness and self-sacrifice. He has sought to achieve fame by his acts of notoriety. He has here, various claims like Russia and America do. Russia, you see, was the first to enter space but America you see, was the first to land a man on the Moon. But this man (Editor) said he was the first to malign the Meghalaya Legislative Assembly (laughter) and feels that he would get fame and if he has sought to get it, he will get in an unfailing nature. So Sir, he is sense of criminality conceded with egotism, had led him to the conclusion the by maligning this Assembly, by bringing it into contempt, he has indeed given it a great honour. I repeat Sir, he said, "the Meghalaya Assembly has been given honour by the Young India to be maligned and castigated by this news paper". Sir, not only day that he has also said the 'even if our voice is gagged today, one day it shall be heard when the din of screeching selfish scheming politicians is silenced for ever'. I do not know Sir, how he will achieve this objective of silencing the voices of screeching selfish scheming politicians forever and ever. I think it will be only by an act of binding disposition that the babies born as politicians should be killed all Isrealite males before the age of 2 years. I think by an act of this binding disposition may be providence that he will be able to silence the screeching selfish and scheming politicians for ever, Sir, he has even the nerve to appeal to the All India News- papers Editors Conference to stand up united against these cowardly onslaughts on our freedom to speak our fearlessly what is right in the public interest. This is only because he felt that he needed the help of the All India News-papers Editors' Conference to back up his heart against the Legislative Assemblies. He has not only attacked the privilege of this House, but also has sought to attack the dignity, the privileges of all the Assemblies. I do not know of India or may be outside also because he said like this : "One such instance is that of privileges of MLAs, MPs and the Parliament or  State Legislative Assemblies, weeping". I do not know whether he has confined himself only to our country or to other countries as well. But whatever it is, Mr. Speaker, Sir, he has sought to attack the privilege of al MLAs, PMs and Parliament or State Legislative Assembles. He has said "how touchy are our elected legislators about their privileges: It makes us both  weep and laugh". Perhaps he is correct in a sense that it makes hem weep because he is not a Member of any of these august House. He made an attempt once, he has succeeded in becoming a Ward Commissioner and he became a Ward Commissioner, his sense of importance has been exaggerated beyond all proportions and all descriptions. Sir, has not only condemned the Legislative Assemblies and Parliament but he has also condemned the whole Indian Nation. "We Indians' he said, "are never tired of copying the British and their outward forms of behavior drinking liquor, dressing in the smartest of English clothes and trying to be black Englishmen, but in character and the spirit of national patriotism we are far more remote from the British whom we ape, than the north from the south pole. Sir, it is not a fact that we ape, than the north from the south pole. Sir, it is not a fact that we, as a nation, have sense of any character, and no sense of patriotism. And this men is are  imitating the Britishers. It is not a fact that we, as a nation, have sense of any character, and no sense of patriotism. And this men is correct only correct in his charge only when he included himself among the Indian Nation. If anybody in the Indian Nation, has no characters has no sense of patriotism, he has no right to live. Therefore, it is the only the printer of the 'Young India' who has been correct by the above statement. Sir, he has said again when he referred to the British Parliament and took shelter behind the Mother of Parliaments Forgetting in England the politicians and the nation in general, are by nature public spirited and patriotic while we blessed Indians are certainly treacherous in our conduct and discipline. I don't know, Mr. Speaker, Sri, where a man can commit such high treasons against the State. With this act of onslaught, on our Government I feel Mr. Speaker,  Sir, that the  Government itself, has to take some action against this man by resorting to some criminal provisions of the law. He has committed certain rimes against  the nation and it is the duty of the Government to bring this man to book. But in this House, we will confine ourselves only to the question of contempt of this House and the breach of its privileges. 

        Sir, I will now come to the question of contempt. How it is necessary for the proper functioning  of this House that no citizen including the Members of the august House itself, should be allowed to commit contempt against the House. In May, Parliamentary Practice Page 44,  Sir, you will find those remarks "The distinctive mark of a privilege is its ancillary character. The privileges of Parliament are right which are absolutely necessary for the due execution of its power". They are enjoyed by individual Members because the House cannot perform its functions without unimpeded use of the services of its Members and the vindication of it own authority and dignity". When any of these rights and immunities, both of the Members, individually, and of the assembly in its collective capacity, which are known by the general name of Privileges, are disregarded or attacked by any individual or authority the offence is called a breach of privilege, and is punishable under the Law of Parliament. Each House also claims the right to punish actions, which, while not breaches of any specific privilege, are offences against its authority or dignity, such as disobedience to its legitimate commands or libels upon itself, its offenders or its Members, such actions though often called "breaches of privilege" are more properly distinguished as "contempts". Such powers are essential to the authority of every legislature. The functions, privileges and disciplinary powers of a legislative body are thus closely connected. The privileges are the necessary complement of the functions, and the disciplinary powers of the privileges. Sir, I think, time and again, and on a number of occasions, the word "dignity" and "authority" of the House have been mentioned in the passage which I have just read out here. Sir, in this editorial we find that "dignity" and "prestige" of the House were directly attacked by this Editor. He said "Fellows who come with bended knee to us the voters before the elections for our vote, suddenly develop a special privilege of being superior to all of us and flaunting their power at our faces treating the common people like dogs to be whipped and kicked when occasion demands for the protection of these legislators "and" their blasted Houses, dignity and prestige against public criticism". "Blasted", he said, "oh ! my goodness, Sir God has failed me to describe".

(laughter)

        The extent, the depth and the limitability of this wording "Blasted", House, dignity and authority that he said have exceeded all bounds of descriptions and beyond imagination. Therefore, Sir, this is a  clear end undiluted intolerable attack on the authority and dignity of the House. He has challenged the House also and he said "But we will not be cowed down" as if this is not enough, he has told this House in the plainness possible manner that he will not be cowed down and Sir, when the House and the Members seek to uphold the prestige and dignity and authority of the House, he dismissed this contempt as a "Cowardly onslaught on our freedom to speak out fearlessly what is right in the public interest".

        He challenged this House and said that he will not be cowed down. He said, Sir, that he will not be cowed down as if this is not enough he has challenged this House in plainness possible language that the will never be cowed down. Sir, when the House and the Members seek to uphold the prestige, the dignity an the  authority of the House, he dismissed this attempt with these words "cowardly onslaughts on our freedom to speak out fearlessly". What is right in the public interest. Sir, there is another aspect of the breach of privilege and this is known or described as molestation of Members, of their conduct in the House. In page 124 of Erskine May's Parliamentary Practice it is said like this "It is a breach of privilege to molest any Member of either House on account of his conduct in Parliament. Being attacked, being maligned by the Editor of this newspaper, Sir, it amounts to molestation of the Members on account of their conduct in Parliament. For example sending of insulting letters to Members with reference to their conduct in Parliament or letters reflecting on their conduct is regarded as a serious breach of privilege. Here Sir, we do  not have a particular letter to anybody but this is the general epistle of Members to the people whom they represent. This is a letter of attacking, insulting them because of their behaviour in the House. The hon. Member from Mawlai, Sir, who brought this breach of privilege before the House is regarded as a touchy Member. He said like this" how touchy our elected legislators about their privileges" and he made it quite clear that he referred to the hon. Member from Mawlai who brought this breach of privilege before the House is regarded as a touchy member. He said like this" how touchy our elected legislators about their privileges" and he made it quite clear that he referred to the hon. Member from Mawlai when he said that we are indeed grateful to Shri Khongwir for his touchiness about the privileges and conduct of the House. From filthy language of such a nature, I think this is a great certificate of good character and good performance on the part of the hon. Member form Mawlai. But Sir, we are concerned with the language he charged the Members being touchy about their privileges and conduct in the House. 

        Now, I come to the third aspect of breach of privilege committed by this Editor, Sir, again as described by May, publication of false and perverted report of the debates that molests our fair thoughts. Mr. Speaker, Sir, the Editor of the Young Indian deliberately gave perverted and distorted account of the speeches which a Member from Nongkhlaw delivered on the Floor of the House. He referred to the said Member in this fashion. But may we ask when responsible politicians elected by the people talk at random fanning up one section of Indians against another by utterly irresponsible and ill-informed statements as Shri Hoover did in the Meghalaya Assembly in April, 1972. Are the gentlemen of the Press expected to keep mumb and swallow those magnificent effusions of lofty nobility and undiluted patriotism because these splendid words issued like nectar from the inspired lips of a politician who is, perhaps not very much more learned than the general public or the editors of poor newspaper". Sir, I challenge this editor, as a Member of this august House, when did I fan one section of Indians against another. On that day, Mr. Speaker, Sir, I was simply supporting the Meghalaya land Regulation which was there already in the Stature Book and I supported only he recommendation of the Act and did not say anything as to fan one section of Indian against the other. It was an Act which was there before so many years in  the Stature Book in the form of Land Transfer Act of the District Council when this Act, was declared null  and void by the Supreme Court. 

Shri B.B. Lyngdoh ( Minister for Parliamentary Affairs ) : Mr. Speaker, Sir, this subject is not relevant to the subject matter.

Shri Hoover Hynniewta (Nongkhlaw S.T.) : Mr. Speaker, Sir, I was trying to make a pima-facie case against this man who gave perverted report of the debates of this House. This statement was not made on that day as described by this Editor. That is why I quoted, Sir, from May's Parliamentary Practice to show that it is a serious breach of privilege if Member's speech is distorted and perverted in newspaper report. Sir, I will draw the attention of this House to this quotation that this House although as recently a 31st May, 1875 the House of Commons rejected a Motion made by Lord Hartington "that this House will not entertain any complaint in respect of the publication of the debates or proceedings of the House or of any committee thereof, except when such debates and proceedings shall have been conducted within closed doors, or when such publication shall have been expressly prohibited by the House or any committee, or in case of willful misrepresentation or other offence in relation to such publication". I submit, Sir, that this case is willful misrepresentation of Member's speech in this  House. So long as the debates are correctly and faithfully reported the orders which prohibit their publication are not enforced but when they are reported malafide the publishers of newspapers are liable to punishment. Publishing scandalous misrepresentation of what had passed in either House or what had been said in debate is regarded as breach of privilege. So Sir, when a Member has not said anything that amount to fanning of one sections of the population against another, I think the  editor who made the charge is guilty of this breach of privilege. And not only that, the has stated also like this - " The H.S.P.D.P. has denounced Shri Hoover for this statement. I am not aware, that supporting of the Land Transfer Act has been denounced by any party. I submit Sir, to the best of my knowledge and belief no denouncement has ever been made, and he said, should not a privilege Motion be raised against the H.S.P.D.P. by the Assembly for this insulting on an honourable Member. So the Members belonging to this party have been accused of commission of insulting. In fact they have committed nothing of the sort. Mr. Speaker, Sir, they did denounce nor did they commit any insult of anybody. Therefore, it is not open for this press to accuse a Member of any group or party of this House of having committed an insult on any hon. Members. Sir, the other aspect of the  breach of privilege that this man, the Editor, has committed is what he has committed is what he has described has reflection upon Members. In page 124 of May's Parliamentary Practice we read " Analogous to molestation of Members on  account of their behaviour in Parliament are speeches and writings reflecting upon their conduct as Members." "Written imputation, as affecting a Member of Parliament, may amount to breach of privilege without, perhaps, being libels at common law but to constitute a breach of privilege a libel upon a Member must concern the character or conduct of the Member in that capacity." And all the Members of this House had been attacked and severe reflection made on them and this man, the Editor of this paper has committed serious breach of privilege. I have again to remind this House, Sir, that has described the part played by the Members of this House as 'the did of screeching selfish scheming politicians'. He has also described that the Members of this House as - 'Fellows who come with bended knee to us the voters before the elections for our votes, suddenly develop a special  privilege of being superior to all of us and flaunting their power at our faces treating the common people like dogs to be whipped and kicked when occasion demands...." Sir, have we ever in our speeches in our participation and deliberation to this House called or treated our common people like dogs to be whipped and kicked? Have we ever tried for protecting our dignity and prestige by kicking and whipping our common people? We have never done anything of the sort. Mr. Speaker, Sir, you are here as guardian and keeper of the privilege and prestige of this august House. You will not allow committing any contempt against this august House Contempt is not liable to be committed not only by the people outside the House, but it is not liable to be committed not only by the people of  this House. Sir, you have never allowed any unparliamentary expression, not to speak of whipping and kicking anybody as dog. So Sir, I submit that the Editor and the Printer of the Young India through this Editorial has committed a serious breach of privilege. 

        Sir, the next question is whether he is an insane and should we take that these acts have been committed by an insane person and should we take it that he gets relief on benefit of doubt. An insane person can even commit murder and should we not give the benefit of doubt, benefit of sympathy or benefit of blessing or we should condemn him for his insanity, or should we recommend him for treatment to specialist so that he may use his newspaper for something more constructive. But Sir, I submit that a man who can write such high sounding English is indeed not a mad man, an insane one. He feels himself that he is the only wise man, an incarnation of wisdom and righteousness. Therefore, having stated a libel on any senior Member of Legislative Assembly or in Parliament, he will condemn them so that they may be above of his presence there as one having wisdom and righteousness. Therefore, I submit Sir, it will not be enough for us to arrive at a decision that a serious breach of privilege has been committed but I do feel that we will be failing in our duty if we do not give him deterrent punishment so that such disgraceful act may not again be committed by him in future or by any other person outside or inside the House. 

Mr. Speaker : Mr. Lapang. 

*Shri D.D. Lapang : Mr. Speaker, Sir, I support the Motion of breach of privilege moved against the Editor of Young India, who has committed a breach of privilege against the Members of this august House by lowering its prestige before the eye of public. This sort of practice should not be encouraged. This editor did not even care to see that this House has got the power to take action against such conduct. Though in the last privilege this editor issue was condemned by the Privilege Committee yet he has brought another issue taking for granted that this House will take no action. We have referred the matter to the Privilege Committee and we are still waiting for each report. I do not think, Mr. Speaker, Sir, that this Editor will submit to any decision given by the Privilege Committee. So my earnest request to the House is that the penalty should be given by the House itself. Mr. Speaker, Sir, the Emergency Rules have not yet been lifted and it is very reasonable that it should be the responsibility of the editor not to publish any inflammable article which his cast a reflection on the dignity and prestige of the House. His editorial has led the people to misunderstand the just authority of the State which is not only looking after the safety of the people but is also the custodians of law and order and various programmes of the Government. I submit, Mr. Speaker, Sir, that the very behaviour of the editor is very much dangerous to the interest of public and it will  also encourage other people to indulge in this sort of inflammable articles in their paper in this State of Meghalaya on the activities of this august House. So, Mr. Speaker, Sir, how this type of people are allowed by the Government to run a paper. I suggest that Government should take steps so that his registration is cancelled.  

Shri P. Ripple Kyndiah : Mr. Speaker, Sir, after listening to the hon. Member from Nongkhlaw who has very eloquently put up the case before the House there is very little left for others to say.  Going through the editorial, one is struck by the feeling of extremism running through the contents of the writing and something very very deep seated hatred and something very deep inherent in the mind of the person who has written this editorial. At the same time, I share with the hon. Member from Nongkhlaw that the matter of this nature is very serious and indeed will have serious repercussions also. We had to be more balanced. I am also aware that we are wedded to a democratic form of life and administrative Government and naturally the freedom of speech and  expression is very much enshrined in the Constitution and any person can  express himself what he likes. Any Member here has special power and  privileges and amenities. More so, even a common man can express what he thinks best, but then that right of freedom of expression cannot be exercised to the extent that it is a freedom which is should infringe on the freedom of others. Therefore the freedom here, Mr. Speaker, is not license. I do not need to go through it again which has been dealt with in an elaborate way by the hon. Member from Nongkhlaw. But I think the words and language used in the editorial are not only excessive, but if I remember correctly, there is a word used, that word is orgy, a drunken way of expression. I do not think any responsible Member of this House will allow this kind of expression reflecting the very foundation of the dignity of this House, reflecting the prestige of the House and I feel to uphold the dignity of the House is our sacred duty, I think it is a duty of every Member to uphold the dignity of the House and I think it is a sacrosanct  duty of all of us. And what Mr. Khongwir the other day has done, he has done only as a matter of duty. What I am trying to place these facts before the House, I do want and it is my wish that this kind of privilege Motion should not be taken in a half-hearted manner. We are to be very serious. Now in this editorial if one goes through it from top to bottom it is mainly on the Motion of privilege which is now pending before the Privileges Committee of this House. He  has clearly indicated that. After going through a few paragraphs as a preamble, he has said " we refer to the British Parliament and take shelter behind this Mother of Parliaments"..... that is on the privilege Motion moved by Shri Khongwir. So the whole editorial from top to bottom concentrates on the privilege Motion which is pending in this House. We have to see as Mr. Hoover Hynniewta has suggested, that the Motion of privilege against ' Ka Pyrta U Riewlum' should not be detached. We are concerned with the whole editorial, and not only part of it. There were some words which were derogatory to the House. This is still being examined by the Privilege Committee. 

        We cannot say that this editorial from top to bottom is on the basis of this Motion or it is more or less the Privilege Motion which is already before the House. Therefore it is very serious and I think it is the duty of all of us that some action which should be deterrent, should be taken against the editor and publisher of the 'Young India'. As already explained by Mr. Hynniewta the contents of the editorial are by not standard even of the lowest standard ; it is malicious, spiteful and slanderous. I do not think any body will disagree, after going through this editorial with me. I agree with the contention of Mr. Hynniewta that this is a great libel on the character and conduct of the Members of this Legislature. So I think it is incumbent and I will be failing in  my duty if I do not advocate that a very strong deterrent action should be taken. So far as the form of punishment to be taken is concerned it is already in the Rules but I would still think that on matters of serious nature of this type, it is not right for us to take any decision now. It will be good for us to refer the matter to the Privilege Committee to examine and investigate in full and come to a major decision with a view that we can come to a decision to give a punishment that is compatible with the offence committed. Therefore, Mr. Speaker, Sir, while agreeing with Mr. Hynniewta on what he says, I am only trying to supplement the argument by saying that the whole editorial is based on this Motion which is already a contempt and gross breach of privilege. 

Shri Jormanick Syiem (Mylliem S.T. ) : Mr. Speaker, Sir, I also support the Motion moved by the hon. Member from Nongkhlaw against the Editor of this paper. There is hardly anything left to be said as Mr. Hynniewta has covered almost all the points. I can only and that the freedom of the Press as the Editor of Young India seems to realise does not concur so much as to malign the Member of this House. If that friend can really make obnoxious statement, insinuation and maligned statement against the House of Legislature, that means the freedom of expression goes mad.  Therefore, Mr. Speaker, Sir, I would like to add that this kind of statement published before the public is also a defamation to the House itself. Such publication should not be allowed to go unpunished but suitable action should be taken which will  have to be properly considered by the Privileges Committee.  As we read the editorial , it looks as if the Editor is hunting for some motive which we are ignorant. Such irresponsible publication, Mr. Speaker, Sir, should be properly examined and suitable action should be taken against  the Editor of this paper. We feel that the Members of the House maligned by this publication and prestige and dignity of the House have been lowered. So with these few words, I support the Motion moved by the hon. Member from Nongkhlaw. 

Mr. Speaker : One case against the same Editor and Printer has already been sent to the Privileges Committee and this is the second case, and the second case is connected with the first case. I do not want to say anything but whether the House would like to refer it to the Privilege Committee or whether the House wants to inflict the punishment against the person or not. It is up to the House to say. But there are a number of cases in the House of Commons that Editors of the newspapers were punish by the House itself. I am only giving these instances ; it is up to the House to decide. I now call upon the hon. Minister for Parliamentary Affairs to give his views. 

Shri B.B. Lyngdoh (Minister for Parliamentary Affairs) : Mr. Speaker,  Sir, I can only echo or repeat the words used or uttered by the Mover himself that it is very sad, very painful indeed that this matter should come again to the House so soon after the first one has been sent to the Privilege Committee on the same paper and on the same Editor. I do feel sad Mr. Speaker, Sir, because it concerns the press for which. 

Mr. Speaker : It does not concern the press as a whole. 

Shri B. B. Lyngdoh (Minister for Parliamentary Affairs) : It concerns a Member of the press and press for which, in general, we have the greatest regard and greatest respect and also the greatest respect for its privilege. However, in this case, Mr. Speaker, Sir, the Mover has fully, I should concede, justified that there is a case, a very strong case. But since Mr. Speaker, Sir, this Motion arose on a matter which arose from the first case of privilege which is already now in the Privilege Committee of this House, I would submit, Sir, that it is best in these circumstances that the Privilege Committee will take the two together immediately and I would also suggest our Privilege Committee to expedite the sitting on these Motions so that further mischief may be prevented. Therefore, Sir, I would concede that there is a very strong  prima facie case for sending the matter to the Privilege Committee and also the Privilege Committee may be requested to expedite the disposal of these two cases. 

*Shri Hoover Hynniewta : Sir, If I may again speak on the aspect of the question. Whether this case should be sent to the Privilege Committee, so that cognisance should be taken by this House and a decision be arrived at in a summary fashion. I do support the stand of the Minister-in- charge of Parliamentary Affairs, Mr. Speaker, Sir, that this case should be sent first to the Privilege Committee because the Privilege Committee will first arrive at a finding whether the first case placed before it is actually a case of breach of privilege and having arrived at a finding, then the second case becomes very very serious. Since the two are inter-related, I do feel that it is only in the fitness of things that the case should be sent to the Privilege Committee. The other aspect is also a question of punishment. If it can be proved that this Editor has committed a breach of privilege on both cases, so the punishment that will be meted out to him will be very very heavy. So it is not simply a case of arriving at a finding and announcing the punishment, but the degree of the charge and the degree of the person's guilt are linked up with the nature of punishment that is to be meted out to him. Therefore I do feel Mr. Speaker, Sir, the best thing for us to do is to send these cases to Privilege Committee with a direction that it should expedite the preparation of the report, at least, before the next meeting of this House because nothing can be done before that. 

Mr. Speaker : So it appears that the concensus it that since the two cases are inter-linked, I refer the matter to the Privilege Committee and as I said, on the earlier occasion, the report must be submitted before the 30th of August, 1972.


Election of Members to the Public Accounts Committee

        Now, let us come to the next item in today's list of business. Let me inform the House that the Rules Committee had recommended certain amendments to the existing rules. But one hon. Member, Mr. Pohshna had sent his amendment to the recommendations of the Rules Committee and according to sub-rule (2) and Rule 260, the amendment made by Mr. Pohshna automatically stands referred to the Rules Committee once again and in this context, we have no other alternative but to follow the existing rules. May I request the Minister-in- charge for Parliamentary Affairs to move that this Assembly do elect 5 Members to the Public Accounts Committee. 

Shri B.B. Lyngdoh (Minister for Parliamentary Affairs) : Mr. Speaker, Sir, I beg to move that this Assembly do elect 5 Member in accordance with the provision of Rule 242 of the Rules of Procedure and Conduct of Business or Assembly to the Public Accounts Committee to function from the date of formation for a period of thirty months. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that this Assembly do elect 5 Members in accordance with the provision of Rule 242 of the Rules of Procedure and Conduct of Business of the Assembly to the Public Accounts Committee to function from the date of formation  for a period or thirty month. 


ELECTION OF MEMBERS TO ESTIMATES COMMITTEE

          The Motion is adopted.  The Secretary will notify the date, time and peace for holding the election, if necessary. 

Election of Members for Examine Committee

        Let me  request the Minister for Parliamentary Affairs to move that the Assembly do elect 5 Members in accordance with the provision of Rule 244 of the Rules of Procedure and  Conduct of Business of the Assembly to the Committee on Estimates to function from the date of formation for a period of thirty months. 

Mr. Speaker : Motion moved. Now I put the question. The question is that this Assembly do elect 5 Members in accordance with the provision of the Rules of Procedure and Conduct of Business of the Assembly to the Committee on estimates to function from the date of formation for a period of thirty months. 

        The Motion is adopted. The Secretary will notify the date, the time and place for holding the election, if necessary. No, the Secretary has already done that.  

Shri Humphrey Hadem : Mr. Speaker, Sir, I want just an enlightenment on the matter. We have got one correction slip issued by the Secretary on the 24th June, 1972 and also the words recommended by the Rules Committee. 

Mr. Speaker : The recommendations of the Rules Committee?

Shri Humphrey Hadem : Yes Sir, it seems that there are two things here that are irrelevant. if you please turn to this correction slip No.7, there it was stated at page 128 of rule 244, sub-rule (1), for the word "eleven"  read "five", but at page 3 of the report of the Rules Committee Sir, it was stated that the word "eleven" shall be substituted by the word "seven". I want to seek clarification here if this correction slip is there, why this word "eleven" appeared again in the recommendations of the Rules Committee. 

Mr. Speaker : When the Assam Assembly Rules were adopted for this purpose, we have adopted with modification and in fact, in so far as Sl. No.7 is concerned, it was adopted as "five" and "eleven" but when this particular Rule was sent to the press it was wrongly printed and we issued the correction slip but the Rules Committee at the time when it sat, did not go tot the correction slip which came only after wards and that is why where instead of going to the correction slip of "eleven" the Rules Committee recommended "seven" and then that "seven" was not accepted by one of the hon. Members and it stands referred to the Rules Committee again and now we have to go for the election according to the existing rules. 

Shri Humphrey Hadem : But Sir, I am not fully convinced, while the Rules Committee sat on the 10th of this month, the corrigendum or the correction slip came on the 24th June, 1972. This is a very technical point. 


GOVERNMENT BILL

Mr. Speaker : It is not technical . If you want t see the original, go to the gazette, the Secretary will show you when the gazette was published and also the original. But you are blaming the Rules Committee for not going into the corrigendum. You are blaming only the Rules Committee but actually this is only a printing mistake. The Rules Committee have already attended to this also. It is actually irrelevant to seek any clarification here. 

        Now I request the Finance Minister to move the Meghalaya Sales Tax (Amendment) Bill, 1972 be taken into consideration. But first let me read the message-

"RAJ BHAVAN

 Shillong, the 28th June, 1972.

         Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Meghalaya Sales Tax (Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/ B.K. NEHRU,

Governor"

May I request the Minister Finance to move. 

Shri B. B. Lyngdoh (Minister, Finance) : I beg to move that the Meghalaya Sales Tax (Amendment) Bill, 1972, be taken into consideration. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya Sales Tax (Amendment) Bill, 1972 be taken into consideration.-

        (The Motion was adopted ) 

        As there is no amendment to the Bill, may I request the  Finance Minister to move a Motion for passing. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Bill be passed.

Mr. Speaker : Motion moved. I put the question before the House. The question is that the Meghalaya Sales Tax (Amendment) Bill, 1972 be passed. 

(The Motion was carried and the Bill passed )

        Let us pass on to Item No.3. Before I request the Finance Minister, let me read the message from the Governor-

"RAJ BHAVAN

 Shillong, the 28th June, 1972.

        Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Meghalaya Passengers and Goods Taxation  (Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/- BRAJ KUMAR NEHRU,

Governor"

        May I request the Minister Finance to move. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Meghalaya Passengers and Goods Taxation (Amendment) Bill be taken into consideration. 

Mr. Speaker : Motion moved. I put the question before the House. The question is that the Meghalaya Passengers and Goods Taxation (Amendment) Bill, 1972 be taken into consideration. 

        (The Motion was carried )

Mr. Speaker : Now I request the Finance Minister to move that the Meghalaya Passengers and Goods Taxation (Amendment) Bill, 1972 be passed. 

Shri B.B. Lyngdoh (Minister, Finance ) : Mr. Speaker, Sir, I  beg to move that the Meghalaya Passengers and Goods Taxation (Amendment) Bill, 1972 be passed. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya Passengers and Goods Taxation (Amendment) Bill, 1972 be passed. 

        (The Motion was carried and the Bill was passed )

Mr. Speaker : Item No.4. Before I ask the Finance Minister to move the Bill, let me read the message from the Governor.

"RAJ BHAVAN

 Shillong, the 28th June, 1972.

        Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Meghalaya Purchase Tax (Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/- B. K. NEHRU,

Governor"

Mr. Speaker : The Finance Minister to move that the Meghalaya Purchase Tax (Amendment ) Bill, 1972 be taken into consideration. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I  beg to move that the Meghalaya Purchase Tax (Amendment) Bill, 1972 be taken into consideration. 

        (The Motion was carried) 

Mr. Speaker : The Finance Minister to move that the Meghalaya Purchase Tax (Amendment) Bill, 1972 be passed. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move the Bill be passed. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya Purchase Tax (Amendment) Bill, 1972 be passed. 

        (The Motion was carried and the Bill was passed ).

Mr. Speaker : Before I ask the Finance Minister to move the Bill, let me read the message from the Governor.  

"RAJ BHAVAN

 Shillong, the 28th June, 1972.

        Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Meghalaya Finance (Sales Tax) (Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/- B. K. NEHRU,

Governor"

Mr. Speaker : Now, the Finance Minister to move that the Meghalaya Finance (Sales Tax) (Amendment) Bill, 1972 be taken into consideration. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Meghalaya Finance (Sales Tax) (Amendment) Bill, 1972 be taken into consideration. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya Finance (Sales Tax) (Amendment) Bill, 1972 be taken into consideration. 

        (The Motion was carried)

        Since there are no amendments I request the Finance Minister to a Motion for passing. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Meghalaya Finance (Sales Tax) (Amendment) Bill, 1972 be passed. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya Finance (Sales Tax) (Amendment ) Billl,1972 be passed. 

        (The Motion was carried and the Bill was passed).

Mr. Speaker : Item No.6 Before I ask the Finance Minister to move the Bill, let me read the message from the Governor :

"RAJ BHAVAN

 Shillong, the 28th June, 1972.

        Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Indian Stamp (Meghalaya Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/- B. K. NEHRU,

Governor"

        Now, the Finance Minister to move that the Bill be taken into consideration. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the  Indian Stamps (Meghalaya Amendment) Bill, 1972 be taken into consideration. 

Mr. Speaker : Motioned moved. Now I put the question before the House. The question is that the Indian Stamp (Meghalaya Amendment) Bill, 1972 be taken into consideration. 

        (Motion  was carried ). Since there are no amendments to the Bill, I request the Finance Minister to move that the Bill be passed. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the  Indian Stamps (Meghalaya Amendment) Bill, 1972 be passed. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Indian Stamp (Meghalaya Amendment) Bill, 1972 be passed. 

        (The Motion was carried and the Bill was passed)

Item No.7. Before I ask the Finance Minister to move the Bill, let me read the message from the Governor :

"RAJ BHAVAN

 Shillong, the 28th June, 1972.

         Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Meghalaya Amusements and Betting Tax (Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/- B. K. Nehru,

Governor"

Mr. Speaker : Now, the Finance Minister to move that the Bill be taken into consideration. 

Shri B.B. Lyngdoh  (Minister, Finance ) : Mr. Speaker, Sir, I beg to move that the Meghalaya Amusements and Betting Tax (Amendment) Bill, 1972 be taken into consideration.

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya Amusements and Betting Tax (Amendment) Bill, 1972 be taken into consideration.  

        (The Motion was carried )

Mr. Speaker : Since there is no amendment, I request the Finance Minister to move that the Bill be passed. 

Shri B.B. Lyngdoh  (Minister, Finance ) : Mr. Speaker, Sir, I beg to move that the Meghalaya Amusements and Betting Tax (Amendment) Bill, 1972 be passed. 

        (The Motion was carried an the Bill was passed). Item No.8.Before I request the Finance Minister to move the Bill, let me read the message from the Governor.

"RAJ BHAVAN Shillong, 

the 28th June, 1972.

        Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Meghalaya (sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants) Taxation (Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/- B. K. Nehru

Governor"

        Now the Finance Minister to move that the Bill be taken into consideration. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Meghalaya (Sales of Petroleum and Petroleum Product including Motor Spirit and Lubricants) Taxation (Amendment) Bill, 1972 Bill be taken into consideration.

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya (sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants) Taxation (Amendment) Bill, 1972 be taken into consideration.  

        (The Motion was carried). Since there is no amendment, I request the Finance Minister to move that the Bill be passed?

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Meghalaya (Sales of Petroleum and Petroleum Product including Motor Spirit and Lubricants) Taxation (Amendment) Bill, 1972 Bill be passed. 

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Meghalaya (Sales of Petroleum and Petroleum Product including Motor Spirit and Lubricants) Taxation (Amendment) Bill, 1972 Bill be passed. 

 (The Motion was carried an the Bill was passed). Item No.9.Before I ask the Finance Minister to move the Bill, let me read the message from the Governor.

"RAJ BHAVAN

 Shillong, the 28th June, 1972.

        Under the provision of Article 207(3) of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, recommend that the Meghalaya Motor Vehicles Taxation (Amendment) Bill, 1972, be taken into consideration by the Meghalaya Legislative Assembly. 

Sd/- B. K. Nehru

Governor"

        The Finance Minister to move that the Meghalaya Motor Vehicles Taxation (Amendment) Bill, 1972, be taken into consideration. 

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Meghalaya Motor Vehicles Taxation (Amendment) Bill, 1972 be taken into consideration. 

Mr. Speaker : Motion moved. I put the question before the House. The question is that the Meghalaya Motor Vehicles  Taxation (Amendment) Bill, 1972 be taken into consideration.

         (The Motion was carried).

Mr. Speaker : Now, since there is no amendments to the Bill, I request the Finance Minister to move the Meghalaya Motor Vehicles Taxation (Amendment) Bill, 1972, be passed.

Shri B.B. Lyngdoh (Minister, Finance) : Mr. Speaker, Sir, I beg to move that the Meghalaya Motor Vehicles Taxation (Amendment) Bill, 1972 be passed.

Mr. Speaker : The question is that the Meghalaya Motor Vehicles  Taxation (Amendment) Bill, 1972 be passed.

        (The Motion was adopted and the Bill passed ).


        As there is no other business to be transacted today, the House stands adjourned till 10.A.M. tomorrow the 6th July, 1972.

R.T. RYMBAI

Dated Shillong,

Secretary,

The 5th July, 1972.

Meghalaya Legislative Assembly.

********