Proceeding of the Meghalaya Legislative Assembly assembled after the first General Election 1972

        The Assembly met in the Assembly Chamber, Shillong at 10 a.m. on Wednesday the 6th December, 1972 with the Hon. Speaker in the Chair.

QUESTIONS AND ANSWERS

Mr. Speaker :  Let us begin today's business by taking up starred question No. 8.

(STARRED QUESTIONS)

(To which oral replies were given)

Foodstuff supplies for Hospital diet in the Civil Hospital Shillong

Shri Francis K. Mawlot asked : 

8. Will the Minister incharge of Health be pleased to state -

  1. The name of the contractor who supplies food-stuff for Hospital diet in the Civil Hospital, Shillong for the current year?

  2. The officer who is in charge of the Hospital diet?

  3. The monthly amount sanctioned for the Hospital diet?

  4. The basis on which the sanctioned is made?

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

8. (a) -    (i) Shri Rakhal Ch. Roy.

              (ii) Shri Gopal Bhattacharjee.

              (iii) Shri R.L. Dey.

              (iv) Government Dairy Farm, Laban.

(b) - Assistant Surgeon I.

(c) & (d) - The rate of diet per day per patient is Rs. 2.25 p. The amount payable per month varies with the number of patients.

Shri Francis K. Mawlot : What are the items of food supplied to the patients at breakfast?

Shri S.K. Marak ( Minister, Health ) :  Mr. Speaker, Sir, I require notice.

Prof. M.N. Majaw : May we trouble the Minister to give us the names of contractors in reply to question 8 (a)?

Shri S.K. Marak ( Minister, Health ) : (i) Mr. Rakhal Ch. Roy, (ii) Shri Gopal Bhattacharjee (iii) Shri R.L. Dey;          (iv) Government Dairy Farm.

Shri S.N. Koch : Mr. Speaker, Sir, whether there is any provision to check the food supplied by the contractor?

Shri S.K. Marak ( Minister, Health ) :  Mr. Speaker, Sir, the Doctor incharge of the diet can do the job.

Shri Francis K. Mawlot : Is it a permanent contract or renewable every year?

Shri S.K. Marak ( Minister, Health ) :  It is renewable every year.

Shri Francis K. Mawlot : Whether the Government is aware of the fact that the food supplied to the patients is very poor?

Shri S.K. Marak ( Minister, Health ) : Mr. Speaker, Sir, the rate given is at least higher than the per capita income in the country.

Shri Francis K. Mawlot : Whether the Government is aware that one egg supplied at breakfast is divided among six patients?

Mr. Speaker : The Minister has already said that the items for diet will be replied afterwards.

Shri S.N. Koch :  May I know whether the rice supplied to the patients is with 90 per cent paddy?

Mr. Speaker : For the items of food-stuffs the Minister will reply afterwards. Now let us come to Starred question No. 9.

Appointment of a retired person as Secretary to the Governor of Meghalaya

Shri Hopingstone Lyngdoh

___________________________

Shri Humphrey Hadem asked :

9. Will the Chief Minister be pleased to state -

  1. Whether it is a fact that a retired person has been recently appointed as Secretary to the Governor of Meghalaya?

  2. If so, who is the person appointed?

  3. What is the scale of pay of  the said officer?

  4. When was the post of the Secretary to the Governor created?

  5. Whether the post was at all advertised before it was filled up?

  6. Whether there is provision in the Meghalaya Budget for 1972-73 for the said post?

Shri Williamson A. Sangma ( Chief Minister )  replied:

9.(a) - Yes.

(b)- Shri T.S. Krishnamurti who before retirement was Secretary to the Governor of Assam and had hitherto been also attending to matters pertaining to Meghalaya.

(c) Rs. 1,000-50-1,150-E.B.-50-1,300. The officer, however, draws pay as per normal rules for re-employed personnel.

(d) - The post is being formally created.

(e)-No, as it is the case of re-employment, the question of advertisement of the post does not arise.

(f)-No.

Shri Humphrey Hadem : As regards (b) when was he appointed?

Shri B.B. Lyngdoh ( Minister, Finance ) : He was the Secretary to the Governor and he was looking after Meghalaya as Autonomous State then when Meghalaya has become a full fledged State, he was appointed by Meghalaya. He was appointed only very recently - only a month or so.

Shri Humphrey Hadem : I want the exact date.

Shri B.B. Lyngdoh ( Minister, Finance ) : I want notice.

Shri Humphrey Hadem : Mr. Speaker, Sir, is it a fact that he was appointed one day after his retirement from service as Secretary to the Governor of Assam?

Shri B.B. Lyngdoh ( Minister, Finance ) : May be or may be not, I do not know.

Mr. Speaker : He was continuing in his duties.

Shri B.B. Lyngdoh ( Minister, Finance ) : I do not remember the exact date but it must be within a month or so.

Shri H. Lyngdoh : Is it not a fact that on the 4th of October he retired and on the 5th of October he was appointed?

Shri B.B. Lyngdoh ( Minister, Finance ) :  May be so. The nature of the case is such that re-employment always takes place as soon as a person retires.

Shri H. Lyngdoh : When he was looking after the State of Meghalaya as Secretary to the Governor previously, then why his pay was not provided in the budget for 1972-73?

Shri B.B. Lyngdoh ( Minister, Finance ) : The budget of pay of this officer was in the Assam budget and whatever actual expenditure is incurred by Assam for Meghalaya is reimbursed later by the Government of Meghalaya. 

Shri H. Lyngdoh : It is understood that the same Secretary to the Governor of Assam, Meghalaya and Nagaland previously. Whether there was any assistant attached to the post of the Secretary?

Shri B.B. Lyngdoh ( Minister, Finance ) : I want notice.

Shri H. Hadem :  May we know what is the qualification of this incumbent?

Mr. Speaker : That is a new question altogether.

Shri B.B. Lyngdoh ( Minister, Finance ) :  He was holding the post for many many years and if you want to know about his qualification then of course it is a new question.

Shri H. Lyngdoh : What makes the Government to appoint him on 5th of October when he retired on the 4th and whether there is any Secretariat under him?

Shri B.B. Lyngdoh ( Minister, Finance ) : I do not understand the question.

Mr. Speaker : It is the same question. When he is discharging his duties for Meghalaya also, it was a continuing process after his retirement.

Shri H. Hadem : Mr. Speaker, Sir, ...............

Mr. Speaker : You have exceeded five. But I will be lenient to you in this particular matter.

Shri H. Hadem : It was stated that he was also looking after the affairs of Meghalaya previously. So may we know whether within that time, any staff was attached to him?

Shri B.B. Lyngdoh ( Minister, Finance ) :  The staff that was there when he was working for Assam continued to be there.

Shri H. Lyngdoh : Mr. Speaker, Sir, since one Secretary was looking after the Secretariat of the Governor of Assam, Meghalaya and Nagaland what makes the Government to be in such a hurry to appoint him on the 5th of October, why not the same Secretary of the 3 Secretariats be also entrusted with the job?

Shri B.B. Lyngdoh ( Minister, Finance ) : Mr. Speaker, Sir, as a matter of fact we should have had a separate Secretary before. But when the full State comes into being it becomes more urgent that we should have a Secretary for our own State.

Shri Rowell Lyngdoh : Sir, why the Government showed special consideration to re-employ this retired officer when there are other officers who can be procured from the Assam Government?

Shri B.B. Lyngdoh ( Minister, Finance ) : There is no question of special consideration. The Officer has been doing very well and he has got experience and we think he is still fit to continue in this work.

SHORT NOTICE QUESTION

Expenditure for State Central Library, Shillong during inauguration of N.E.C.

Prof. M.N. Majaw asked :

1. Will the Minister incharge of P.W.D. (R.&B.) be pleased to state -

  1. How much money was spent on the fencing, white-washing and decorations around the State Central Library Shillong on the occasion of the Prime Minister's inauguration of the North Eastern Council on the 7th November, 1972?

  2. What P.W.D. Division was placed incharge of these preparations and decorations at that place and on that day?

  3. What is the name of the Executive Engineer incharge of that Division?

  4. What is the name of the contractor to whom these works of fencing, white-washing and decorations were given?

Shri Grohonsing A. Marak [ Minister of State incharge of P.W.D. (R and B) ] replied :

1. a.-Rupees 16,030.56 was spent on the work of fencing only by the P.W.D., Meghalaya. The works of white-washing and decorations were done by Assam Government. 

     b. - Building Division, Shillong for fencing work only.

     c. - Shri S.K. Bhattacharjee.

      d. - The work of fencing only was given to Shri Tura Singh a 1st class local Khasi contractor.

Mr. Speaker : Any Supplementary question to unstarred question No. 25?

UNSTARRED QUESTIONS

( To which written answers were placed on the Table )

Appointing and controlling of Gram Sevaks

Shri Rowell Lyngdoh asked :

25. Will the Minister incharge of Community Development be pleased to state -

  1. Who is the appointing and controlling authority of Gram Sevaks?

  2. The number of permanent and temporary posts of Gram Sevaks in the State, district-wise?

  3. What are the main duties and functions of the Gram Sevaks?

Shri Edwingson Bareh ( Minister, Community Development etc. ) replied :

25.    a. - The Deputy Commissioner is the appointing and controlling authority.

         b. - There are 240 posts of Gram Sevaks and 24 posts of Senior Gram Sevaks with the following district-wise breakup:-   

Senior Gram Sevak

Gram Sevak

Khasi Hills

...

...

...

...

10

100

Garo Hills

...

...

...

...

11

110

Jaintia Hills

...

...

...

...

3

30

        All these posts are temporary.

        c. The main duties and functions are :

Senior Gram Sevak - General supervision of the work of the Gram Sevaks, preparation of village production plan under the guidance of the A.E.O., arrangement for supply of manure, fertilizers improved seeds, pesticides etc., to the Gram Sevaks, according to requisition, organisation of training camps, compilation of reports and returns, maintenance of registers and any other jobs allotted by the Block Development Officer. 

Gram Sevak - Conducting demonstration of improved seeds, improved implements, improved methods of cultivation, etc., distribution of seeds, pesticides, fertilizers, implements, survey of minor irrigation projects, helping the villagers to organise co-operative and other developmental programmes, organisation of village leaders training camps, supervision of development works within the circle, any other jobs allotted by the Block Development Officer.

A.N.P. Schemes

Shri Choronsing Sangma asked :

26. Will the Minister incharge of Community Development be pleased to state -

(a)

 Whether some Blocks of Garo Hills are getting the A.N.P. schemes?

(b)

 If so, why some other Blocks are not getting such schemes?

(c)

 What are the Blocks which are not getting such schemes in Garo Hills?

Shri Edwingson Bareh ( Minister, Community Development, etc. ) replied :

26.

 (a) 

Yes.

(b)

Only a few A.N.P. Blocks are allotted by Government of India each year.

(c)

The Blocks where A.N.P. Schemes have not been implemented are Zik-zak, Dambo-Rongjeng, Songsak, Chokpot, Selella, Dalu and Dambuk-Aga.

Shri Sibendra Narayan Koch : Unstarred question No. 25 (b), Sir.

Mr. Speaker : No. I have passed over to unstarred question No. 26.

Nongstoin Block Development

Shri Raisen Mawsor asked :

27. Will the Minister incharge of Community Development, etc., be pleased to state -

  1. Whether the roads in areas under the Nongstoin Block Development would be opened under Crash Schemes Programme?

  2. If not, whether Government propose to open the said road, to help the local people indirectly in the form of labour for road construction?

Shri Edwingson Bareh ( Minister, Community Development, etc. ) replied :

27.

(a) -

 Only those roads as approved by the Sub divisional Development Board will be taken up under the programme.

(b) -

 Does not arise.

Construction of a Road by the Mynso-Raliang Development Block 

Shri Humphrey Hadem asked :

28. Will the Minister, Community Development be pleased to state -

        (a) The total amount spent by the Mynso-Raliang Development Block in 1971-72 for the construction of a road from Kyndongtuber to Madan Pamsna under Crash Scheme Programme?

        (b) The amount spent uptil now?

Shri Edwingson Bareh ( Minister, Community Development, etc. ) replied :

28.(a) - The sum of Rs. 1,00,900 was spent by the Block in 1971-72 under Crash Scheme Programme.

        (b) - The same amount as stated above.

Appointing one Project Director

Shri Dlosing Lyngdoh asked :

29.  Will the Minister incharge of Community Development Department be pleased to state -

        (a) Whether it is a fact that the Government of Meghalaya have appointed one Project Director for Pilot project for Bhoi Area?

        (b) If so, what are his duties and functions?

        (c) The fund allotted under his disposal for social and development activities?

        (d) The amount of T.A. and D.A. drawn by the same officer in the last six months of the current financial year?

        (e) The time spent by the officer in the field area and the purpose of field duties during the last six months?

Shri Edwingson Bareh ( Minister, Community Development, etc. ) replied :

29. (a) - Yes. One Project Director for Pilot Research Project in Growth Centres has been appointed and Bhoi Development Block is the only area selected as the base of this project in the State.

        (b) - Project Director as the officer incharge supervises the work of the team in the field as well as in the office. He is responsible for planning and implementation of the programme and is the main spokesman for dealing with local officials and for corresponding with District and State officials and the Central Research Cell.

        (c) - Being primarily a Research Project funds for undertaking social and development programme have not been provided.

        (d) - No expenditure as T.A. was drawn by the officer during the period.

        (e) - The officer spent during this period 109 days in the field for supervision of the activities of the project cell.

Shri Dlosing Lyngdoh : 29 (e) - Sir, it has been stated that the officer went on tour for 109 days. Is it possible that no T.A. and D.A. are paid to him?

Shri E. Bareh ( Minister, Community Development ) : He might not have claimed T.A. and D.A.

Shri Dlosing Lyngdoh :  That means there is no sanction for T.A. and D.A. for this particular officer?

Mr. Speaker : When he does not claim it shows that he is very onerous. 

Sillimanite Company at Sonapahar

Shri F.K. Mawlot asked :

30.Will the Minister incharge of Industries and Mining be pleased to state -

        (a) Whether the Government of Meghalaya propose to take over the Assam Sillimanite Company at Sonapahar?

        (b) If so, when?

        (c) If not, why not?

Shri Stanley D.D. Nichols Roy ( Minister incharge of Power Mining and Geology ) replied :

30. (a) - No.

        (b) - Does not arise.

        (c) - Because it is not necessary.

Prof. M.N. Majaw : Does the Government of Meghalaya put any share in the Assam Sillimanite Company at Sonapahar?

Shri S.D.D. Nichols Roy ( Minister, Power, etc. ) :  No, Sir.

Shri Francis K. Mawlot : Whether the Government is aware of the fact that large amount of money is taken away from the State?

Mr. Speaker : That is a new question.

Shri Francis K. Mawlot : But, Sir, in the answer it is stated that it is not necessary. In that case why this Assam Sillimanite Company is taken over by the Government of Meghalaya?

Mr. Speaker : That is argumentative.

Prof. M.N. Majaw :  Is the Chief Minister one of the Directors of the Assam Sillimanite Company?

Shri S.D.D. Nichols Roy ( Minister, Power, etc. ) :  No, Sir.

Prof. M.N. Majaw :  Is it not a fact that the Chief Minister of Meghalaya is one of the Directors of this company?

Shri S.D.D. Nichols Roy ( Minister, Power, etc. ) :  He was a Director as Capt. Williamson A. Sangma as a private individual.

Shri Humphrey Hadem : Of the 24 hours, too many hours the Chief Minister is acting in his private capacity?

Shri S.D.D. Nichols Roy ( Minister, Power, etc. ) :  Before he was Chief Minister, he was one of the Directors of this Company.

Creation of a new Subdivision in Garo Hills

Shri Pleander G. Momin asked :

31. Will the Chief Minister be pleased to state -

        (a) What is the progress of the proposed creation of a Sub divisional Headquarters at Rongrenggiri in Garo Hills?

        (b) When Government propose to complete the work and start functioning there?

Shri B.B. LYNGDOH ( Minister, Finance )  replied :

31. (a) - The State Government have decided to create a new Subdivision in Garo Hills with headquarters  at Simsanggiri and not Rongrenggiri.

        (b) - The work for construction of temporary and semi-permanent buildings is in progress. The new Subdivision is expected to start functioning with effect from the 26th January, 1973.

Employees etc. of the Bhoi Development Block

Shri Dlosing Lyngdoh asked :

32. Will the Minister incharge of Community Development be pleased to state -

        (a) Whether it is a fact that in the Bhoi Block Office there is no Typing machine for the last few years?

        (b) If so, when the Government propose to consider for sanctioning a Typing Machine?

        (c) Whether it is a fact that for want of Typing Machine, the present Block Development Officer, Bhoi Block is unable to -

        (I) Prepare the proceedings of the Block Development Committee and Sub-Committee Meetings?

        (II) Reply to any letter from M.L.As and M.D.C. sent with several reminders?

        (III) Prepare the progress and achievement of the Block every year?

        (d) How many of the employees of the Bhoi Block served there for more than three years with -

        (I) Name of the employee?

        (II) Designation?

        (III) Date of appointment or posting to Bhoi Block?

Shri Edwingson Bareh ( Minister, Community Development, etc. ) replied :

32. (a) & (b) - The Block has a Typing Machine. As the same is out of order, sanction has been accorded for purchase of a new one.

        (c) - The Block Development Officer has been sending hand written replies to urgent and important correspondence as the machine indented for is yet to be received.

        (d) - 20 (twenty) employees, the particulars of which are furnished as per enclosed statement.

Statement showing employees who served in the Bhoi area Development Block more than three years. Name of the Employee, Designation, Date of appointment or posted to Bhoi area Development shown below :

Name of the employee

Designation 

Date of entry in the block

Date of entry in C.D. Department

1

2

3

4

1. T.J. Varghese  

Sub- Engineer

19-10-63

7-2-57

2. T.E. Shadap

Lady Social Edn. Organiser

20-11-53

20-11-53 

 (since expired)

3. A. Pymshong 

Gram Sevak

21-4-66

21-12-53

4. D. Majaw

Do

6-10-67

5-6-57

5. S. Sailo

Do

20-10-67

20-10-59

6. M. Dexter

Do

30-10-68

4-7-62

7. H. Lalkama

Do

29-4-64

29-4-64

8. K. Eanton Kamni

Do

6-12-69

1-9-55

9. C. Shadap

Do

1-11-69

1-11-69

10. N.N. Khongwang

Gram Sevika

18-2-63

18-2-63

11. W.D. Makdoh

Do

16-1-65

1-10-59

12. K. Phanwar

Accountant

7-9-60

7-9-60

13. F. Mawkhroh

L.D.A.-cum-Cashier

24-5-67

24-5-67

14. Nowelton Majaw 

Driver

17-11-64

17-11-64

15. Samiwell Lyngdoh

Office Peon

2-11-53

2-11-53

16. Kharga Bahadur

Office Chowkidar

1-3-61

1-3-61

17. Premshon Roy

Chowkidar (Vety.)  Dispensary.

1-2-59

1-2-59

18. Biam Sing

Peon-cum-Poultry  (Vety.)

1-8-67

1-8-67

19. Jost Bahadur Sonar

Fisherman

1-7-69

1-7-69

20. Joseph Synrem

Muharrir

7-12-68

7-12-68

 Prof. M.N. Majaw : Is Government aware of the fact that although the Block has got requisite finance to buy a typewriter, it is not allowed to indent a typewriter, except borrowing from some other Departments.

Shri E. Bareh ( Minister, Community Development ) : The Government is not aware of that.

Prof. M.N. Majaw : Is Government aware that this typing machine in the Block has been out of order for the last two years?

Shri E. Bareh ( Minister, Community Development ) : We do not know; only recently we knew that it was out of order.

Registered contractors under Mawsynram Division for 1972-73

Shri Francis K. Mawlot asked :

33. Will the Minister incharge of P.W.D. (R.&B.) be pleased to state -

  1. The list of registered contractors under Mawsynram Division for 1972-73.

  2. The names of contractors to whom work-orders are issued with effect from March, 1972 till date and the amount on work-orders issued respectively.

  3. The names of contractors and the location of the work on which they are working without any work-order being issued. 

Shri Grohonsing Marak [ Minister of State incharge of P.W.D. (R. & B.) ] replied :

33.

(a) -

The list is placed on the Table of the House.

(b) -

The list showing the names of contractors together with the amount against each is placed on the table of the House.

(c) -

Nil.

Shri Francis K. Mawlot :  When were the work orders issued last?

Shri Grohonsing A. Marak ( Minister of State, P.W.D. ) : I want notice, Sir.

Shri Francis K. Mawlot : Whether it is a fact that some contractors were being instructed to do the work in advance without any work order.

Shri Grohonsing A. Marak ( Minister of State, P.W.D. ) : Sir, here in the reply it is stated Nil.

Assam State Electricity Board

Shri Dlosing Lyngdoh asked :

34. Will the Minister incharge of Revenue be pleased to state -

(a)

How many acres of land, the Government have acquired for the Assam State Electricity Board (Project-wise) in the Umiam Project? 

(b)

How many more land to be acquired for the same purpose?

(c)

What are the villages affected or likely to be affected by this acquisition of land?

(d)

Whether it is a fact that compensation for plots of land already acquired was paid to the land owners?

(e)

If so, the rate per acre?

(f) 

Whether the Government have contemplated for the rehabilitation of the poor cultivators who lost their land and homes due to acquisition?

(g)

If so, when and where the rehabilitation will be provided?

Shri Edwingson Bareh ( Minister incharge of Revenue ) replied :

34. (a) - 3,556.10 acres.

(b) - No intimation has been received so far.

(c) - Umsaw-Khwan, Mawlyndep, Umniuh, Umsumer, Umsaw, Umladew, Umsaw Adit Hill and Byrwa.

(d) - Yes, except in cases of some persons due to disputed claim over land.

(e) - 1. Rupees 200 to 300 per acre for waste land during 1960 to 1964.

        2. Rupees 2,500 to 3,000 per acre for paddy land for the same period mentioned above.

        3. Rupees 300 to 400 per acre for waste land for 1964 to 1970.

        4. Rupees 3,000 to 4,000 per acre for paddy land for 1964 to 1970.

(f) and (g) - Due compensation has been paid to the interested persons and so the question of rehabilitation does not arise.

Shri Dlosing Lyngdoh : 34 (e) How do the Government fix the land compensation per acre?

Shri Edwingson Bareh ( Minister, Revenue ) : That was fixed by the D.C. Mr. Speaker, Sir, according to the prevailing market rate at that time.

Shri Dlosing Lyngdoh : It appears that Government fix 200 or 300 rupees as land compensation per acre according to their reply?

Mr. Speaker : Rs. 200 to Rs. 300 per acre for waste land during the years 1960-1964.

Prof. M.N. Majaw : 34 (g), Will the Government consider rehabilitating some of those persons?

Shri E. Bareh ( Minister, Revenue ) : The question of rehabilitating them does not arise because they have been paid full compensation.

Prof. M.N. Majaw : Is the Government aware of the fact that in most of the other States in India when land is taken away for hydro-electric dam?

Mr. Speaker : We cannot reflect the policy of the Governments in other States.

Prof. M.N. Majaw : In that case whether the Government is willing to change its policy in this respect?

Mr. Speaker : I think it is a new question. I think it will be better for the hon. Member to contact the Minister and convince him to change the policy.

Marketing Co-operative Society, Riangdo Ltd.

Shri Raison Mawsor asked :-

35. Will the Minister incharge of Co-operation be pleased to state -

  1. Whether it is a fact that the share-holders of the Lyngngam-Nongtrai Marketing Co-operative Society, Riangdo Ltd., have submitted a resolution to the Assistant Registrar, Co-operative Societies to the effect that their shares be refunded on the ground that the Sub-Area had been formed in place of the said society?

  2. Whether it is a fact that the building and plot of land on which it usually stands for the purpose of the Lyngngam-Nongtrai Marketing Co-operative Society has forcibly been taken over by the Sub Area without obtaining permission of the Managing Committee of the Marketing Co-operative Society?

  3. If so, what steps Government propose to take in this regard?

  4. Whether it is a fact that the usual meetings convened by the Sub-Area, Riangdo consisted of 3 to 4 persons only and upto this day no meeting has ever been convened?

  5. Whether it is a fact that supply of food commodities by the said Sub-Area never reached the public and share-holders?

  6. If so, what steps Government propose to do in these matters? 

  7. What is the total amount of grant that Government sanctioned in favour of Riangdo Sub-Area in 1971-72?

  8. What is the total amount of loan that Government have advanced in favour of Riangdo Sub-Area during 1971-72 and what is the actual amount of money out of the loan already utilised by the said Sub-Area?

Shri Edwingson Bareh ( Minister incharge of Co-operation ) replied :-

35. (a) - A resolution from the share holders for refund of their shares has been received, but not for reasons referred to in the question.

      (b) - No.

      (c) - Does not arise.

      (d) - No.

      (e) - No.

      (f) - Does not arise.

      (g) - Nil.

      (h) - Nil.

Shri Francis K. Mawlot : 35 (b), When was the last meeting of this Sub-Area convened?

Shri E. Bareh ( Minister Co-operation ) : I want notice, Mr. Speaker Sir.

Mr. Speaker : Unstarred Question No. 36.

Number of registered Contractors in Garo Hills Division 

Shri Choronsing Sangma asked :

36. Will the Minister incharge of P.W.D. (R & B.) be pleased to state -

  1. The total number of tribal and non-tribal registered contractors working at present in Garo Hills Division - Class-wise and Division-wise?

  2. Whether the registered non-tribal contractors were inhabitants of Garo Hills?

  3. If not, what is the number of outsiders?

Shri Grohonsing Marak [ Minister of State incharge of P.W.D. (R. & B.) ] replied :

36. (a), (b), (c) - The information has been called for.

Shri Rowell Lyngdoh : From whom this information has been called for?

Mr. Speaker : Which information?

Shri Rowell Lyngdoh : For Question No. 36 (a) (b) (c) the reply is that the information has been called for. So, from whom?

Mr. Speaker : From the various officers. How can the Government base on any other source?

Shri H. Hadem : Mr. Speaker, Sir, does it imply that if the information received it would be circulated to all the members?

Shri G.A. Marak ( Minister of State, P.W.D. ) : That is a new question.

Mr. Speaker : Unstarred Question No. 37.

Construction of Tura-Dalu Road

Shri Jackman Ch. Marak asked :

37. Will the Minister incharge of P.W.D. (R. & B.) be pleased to state -

        (a) How many overseers and Muharirs have been engaged on the Tura-Dalu 12th mile to Chokpot?

        (b) What is the condition of the road since 1970-71 and upto date?

Shri Grohonsing A. Marak [ Minister of State for P.W.D. (R. & B.) ] replied :

37. (a) - At present only two Overseers grade I are engaged on the Tura-Dalu road (12th mile to Chokpot). Each is posted with headquarters at Chokpot and Sankinigiri.

        The information with regard to the number of Muharirs engaged on the said road is being collected from the Divisional Officer, incharge of Tura South Division.

        (b) - The road was under construction during the year 1970-71. This fair weather road has been opened for vehicular traffic from March, 1972.

Shri Jackman Ch. Marak : Mr. Speaker, Sir, may I know from the P.W.D. Minister why it is not all-weather road from Tura to Dalu and 12th mile to Chockpot?

Shri G.A. Marak (Minister of State, P.W.D.) :- Mr. Speaker, Sir, the road from Tura to Dalu is an all-weather road. And the road from 12th mile to Chockpot had been opened only from last March, 1970.

Shri Jackman Ch. Marak : Mr. Speaker, Sir, this road was opened during 1966-68 from 12th mile to Chokpot.

Mr. Speaker : You are supplying information to the Government.

Unstarred Question No. 38.

Schemes to develop the Umiam Lake Area

Shri D. Dethwelson Lapang asked :

38. Will the Minister incharge of Tourism be pleased to state -

  1. Whether it is a fact that the Government has made schemes to develop the Umiam Lake area, Thadlaskein and the Tura Peak for Tourist spots?

  2. If the reply is in the affirmative, what is the progress of the schemes in 1971-72 and 1972-73?

  3. Whether Government has Engineers and other technical staff to implement the schemes?

  4. If not, why not?

  5. Whether Government propose to constitute a Tourist Development Corporation for better execution of the Tourist Development Programme?

  6. If so, what is the progress of the work?

  7. The names and number of officers working full time in this Department.

Shri Stanley D.D. Nichols Roy ( Minister, Tourism ) replied :

38. (a) - The schemes are under active consideration of the Government.

      (b) - Land has been finalised for Barapani (Umiam Lake) Scheme. The scheme for Thadlaskein Lake is ready and will be executed this year. Some improvement work has been undertaken on the Tura Peak.

      (c) - There is no engineering and technical staff with the Tourism Department. Assistant Engineer of Industries Department is doing the job.

      (d) - The need was not felt in the past.

      (e) - No.

      (f) - Does not arise.

      (g) - Shri L.F. Gatpoh, Information-cum Publicity Officer.

Shri D.D. Lapang : Whether the Government has filled up the posts of Engineers and other technical staff for the Department?

Shri S.D.D. Nichols Roy ( Minister, Tourism ) : No, Sir.

Mr. Speaker : Unstarred Question No. 39.

Tribals and Non-tribals in the Shillong Civil Hospital

Shri Dlosing Lyngdoh asked :

39. Will the Minister incharge of Health be pleased to state -

        (a) Whether it is a fact that the Shillong Civil Hospital has been taken over by the Meghalaya Government from the Assam Government?

        (b) If so, how many tribal and non-tribal employees are there in the Shillong Civil Hospital?

        (i) on the date of taking over charge,

        (ii) on 31st  March, !972,

        (iii) the designations.

        (c) What are the special qualifications and experiences required for the appointment to the post of Surgeon Superintendent in the Shillong Civil Hospital?

        (d) Whether the present Surgeon Superintendent in Shillong Civil Hospital possesses any experience and qualification required for the post?

        (e) What are the duties and functions of the Civil Surgeon and his subordinate officers with regard to the Civil Hospital, Shillong?

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

39. (a) - Yes.

      (b) - (i) & (ii) Non-tribals - 71 Nos. Tribals - 40 Nos.

        (iii) A list is placed on the Table of  the House.

      (c) - Post of Surgeon Superintendent is filled up by promotion from amongst the Surgeons on the recommendation of the Assam Public Service Commission. The minimum qualification required for the post of Surgeon is an "M.B.B.S. Degree" registered under the Assam Medical Act, and a minimum period of 5 years practical experience in Surgery either in Assam Medical College Hospital or in the Surgical Department of any other Hospital.

      (d) - Yes.

      (e) - The Surgeon Superintendent is in exclusive charge of the Shillong Civil Hospital administration and is responsible for all affairs relating to the maintenance and smooth running of the hospital. The Civil Surgeon and his subordinate, the S.D.M.O. & H.O. deals with the Medicolegal cases of post mortem in the Hospital.

Shri Dlosing Lyngdoh : At present there is one Surgeon Superintendent in the Shillong Civil Hospital. Is he the senior most Surgeon in the Civil Hospital?

Shri Sandford K. Marak ( Minister for Health ) : Mr. Speaker, Sir, I require notice.

Prof. Martin Narayan Majaw : Whether there is one Senior Medical Adviser in the Civil Hospital?

Shri Sandford K. Marak ( Minister , Health ) : Yes Sir, there is one Senior Medical Adviser.

Prof. Martin Narayan Majaw : What is the relative difference in rank between the Senior Medical Adviser and the Surgeon Superintendent?

Shri Sandford K. Marak ( Minister , Health ) : I require notice, Sir.

Prof. Martin Narayan Majaw : Is this Medical Adviser a re-employed person?

Shri Sanford K. Marak (Minister Health) : Yes, he is a re-employed person.

Prof. M. N. Majaw : What is the reason for creating a new post to absorb a retired person?

Shri Sandford K. Marak ( Minister , Health ) : Mr. Speaker, Sir, we have taken over this Shillong Civil Hospital only on 25th January, 1971. There was at that moment shortage of staff and shortage of doctors and surgeons. So we had to appoint a retired person.

Shri Dlosingh Lyngdoh : Whether the Senior Medical Adviser was appointed after taking over by the Meghalaya Government. Or he was there before the taking over?

Shri Sandford K. Marak ( Minister , Health ) : He was there before the taking over.

Prof. M. N. Majaw : How many Pharmacists are there in the Civil Hospital.

Mr. Speaker : It is a new question.

Repair of Rongrenggirri State Dispensary building and staff quarters

Shri Chorongsing Sangma asked :

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

        (a) Whether it is a fact that the Rongrenggirri State Dispensary building and staff quarters have not yet been repaired since a long time?

        (b) If so, the reason, thereof?

Shri Sanford K. Marak (Minister-in-charge, of Health) replied :

40. -(a) Yes.

        (b)- Many dispensary buildings and staff quarters in the outlying areas were reported to be in need of repair, but for want of men, materials and fund to take them up at the same time we have to examine the priorities and phase the repairs accordingly. This naturally leaves many dispensaries still in conditions needing repairs.

Shri Choronsing Sangma : When the Government is considering to repair the Rongrenggiri State dispensary?

Shri Sanford K. Marak (Minister-in-charge, of Health) : Mr. Speaker, Sir, answer to (b) is very clear.

Mr. Speaker : May I draw the attention of the Minister to Question No. 40(a) which has a reference to a specific case, i.e. the Rongrenggiri State Dispensary. But your answer in (b) is with reference to all the Dispensaries.

Unstarred Question No. 41.

Dispensaries and Health Centres in Garo Hills

Shri Pleander G. Momin asked :

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

        (a) Whether Government propose to open new State Dispensaries and Health Centres in Garo Hills, Khasi Hills and Jaintia Hills under the Fifth Five-Year Plan?

        (b) If so, where will they be established?

        (c) Whether Government has taken steps to fulfil the assurance given by the Governor of Assam, Meghalaya and Nagaland in his address during the opening session of the first full-fledged Meghalaya Legislative Assembly that the existing Civil Hospital at Tura and Jowai will be extended with additional beds?

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

41. (a) & (b) - The matter is being examined.

        (c) - Yes.

Shri H. Hadem : As regards question No. 41. (c), what steps have been taken?

Shri Sanford K. Marak (Minister-in-charge, of Health) : We have already acquired land for extension of Tura Civil Hospital and Jowai Civil Hospital.

Shri D.D. Lapang : As regards 41 (a)&(b), how long will it take for the Government to examine the matter?

Shri Sanford K. Marak (Minister-in-charge, of Health) : I cannot say.

Shri H.S. Lyngdoh : Mr. Speaker, Sir, how many beds are proposed in each of the hospital to be extended?

Mr. Speaker : When the matter is being examined, it implies that there will be a number of beds.

Unstarred Question No. 42.

Establishment of Dispensaries

Shri Raisen Mawsor asked :

42. Will the Minister incharge of Health be pleased to state -

        (a) Whether Government propose to establish dispensary at (i) Dongrangre (ii) Langpih and (iii) Riangdo?

        (b) If so, has there been any survey done or estimates prepared?

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

42. (a) - No.

      (b) - Does not arise.

Shri Francis K. Mawlot :  Does it mean that there is no Dispensary at Dongrangre, Langpih and Riangdo?

Shri Sandford K. Marak ( Minister incharge of Health ) : It is a new question.

Shri H. Hadem : Mr. Speaker, Sir, with regard to question No. 42 (a) answer is 'No'. May I know why?

Shri Francis K. Mawlot : Although the answer is 'No' but we are aware that there are Dispensaries at Dongrangre, Langpih and Riangdo according to paper.

Shri Sandford K. Marak ( Minister incharge of Health ) : Mr. Speaker, Sir, I think they are in confusion because there is a vast difference between a Dispensary and a Health Centre.

Mr. Speaker : Unstarred Question No. 43.

Number of beds in the Jowai Civil Hospital 

Shri Onwardleys Well Nongtdu asked ?

43. Will the Minister incharge of Health be pleased to state -

  1. Whether it is a fact that the number of beds in the Jowai Civil Hospital has been raised to 36?

  2. Whether there is a proposal to increase the number of Medical Officers in the Jowai Civil Hospital?

  3. If so, what is the present position?

  4. Whether immediate steps have been taken by the Government to post Medical Officers in the Rural State Dispensaries?

  5. If so, how many are proposed to be posted?

  6. When postings are expected to be completed?

  7. Whether it is a fact that there is a proposal to open new Dispensaries in the State?

  8. If so, what are the places proposed?

  9. Whether Government is aware of the fact that many people were suffering from malaria during the last summer in the rural areas?

  10. If so, whether D.D.T. spraying is proposed to be done in all these places?

  11. Whether posting of the State Malarialogist has been done?

  12. If not, when shall it be done?

  13. Whether posting of a Civil Surgeon for Jaintia Hills District has been made?

  14. If not, when it shall be done?

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

43.

(a)-

Administrative approval for the construction of buildings to accommodate 36 beds more had been accorded recently.

(b)-

There is no proposal at present but the question of proportionate increase of staff with the increase of bed strength will be considered with the completion of the buildings as (a) above.

(c)-

Does not arise in view of (b) above.

(d)-

Yes, as soon as doctors are available and formalities of appointment are completed.

(e)-

Twelve as available at present.

(f)-

As soon as formalities of appointment are completed.

(g)-

No.

(h)-

Does not arise.

(i)- 

According to reports available there were more cases in the previous summer than the last.

(j)-

D.D.T. spraying has been and is being carried out according to the National Malaria Eradication Programme.

(k)-

No. 

(l)-

The appointment of Assistant Director - incharge, Malaria is being finalised.

(m)-

No.

(n)-

As soon as possible.

Shri H. Hadem : Regarding 43 (a), when the construction will be started?

Shri Sandford K. Marak ( Minister, Health ) : After calling the tender and all.

Shri H. Hadem : I could not follow, Sir.

Mr. Speaker : The Minister says that the construction will be started after observing the necessary formalities such as calling for tenders, etc.

Shri H. Hadem :  Has any tender been called for?

Shri S.K. Marak ( Minister, Health ) : Yes, tenders have already been called.

Shri O. Nongtdu : Mr. Speaker, Sir, according to 43(e) to which dispensaries these twelve doctors are proposed to be posted?

Mr. Speaker : To rural State dispensaries.

Shri S.K. Marak ( Minister, Health ) : Well, Mr. Speaker, Sir, we have not finalised where the doctors are going to be posted.

Shri F.K. Mawlot : Mr. Speaker, Sir, whether the Government is aware of the fact that the doctor of Nongstoin Dispensaries has tendered his resignation long back and so far it has not been accepted.

Mr. Speaker : The main question is for Jowai and the rural areas.

Prof. M.N. Majaw : Mr. Speaker, Sir, under (g) the question is whether it is a fact that there is a proposal to open new dispensaries in the State. The reply is no. Whereas in 41 (a), the reply is that the matter is being examined. These are two contradictory replies.

Mr. Speaker : I think in so far as this question is concerned, it appears that the meaning 'no' refers to other areas. Under 41(a), the areas are very wide.

Prof. M.N. Majaw : The question is very clear whether it is a fact to open new dispensaries in the State. The answer is categorically no, while earlier the reply is that the matter is being examined.

Shri S.D.D. Nichols Roy ( Minister, Forests ) : Mr. Speaker, Sir, 41(a) refers to the State Dispensaries and Health Centres. It may be that the Health Centres are being examined.

Prof. M.N. Majaw : May we ask the Minister incharge to clarify?

Mr. Speaker : He has already clarified. Let us pass on to the next item.

Zero Hour

Prof. A. Warjri :Mr. Speaker, Sir, I would like to know about the other questions. Many of us have submitted questions both starred and unstarred questions within proper time, but so far only 56 or 57 questions have been answered. May we know what will be the fate of those other questions?

Mr. Speaker : On the last day of each session I used to remind the Government that the main aim of putting questions on the part of the hon. Members is to elicit information from the Government regarding the interest of the people in general and more particularly for the constituencies to which the Member is connected and I cannot force the Government that they must reply to each and every question. I earnestly request the Government that they must co-operate with me. At least this is the first time that my Secretariat also has not failed to send the questions in time. Out of 18 starred questions admitted by me, only 9 have been replied. This is exactly 50% and out of 158 unstarred questions sent to the Government, only 43 have been answered. That is less than 50% and in so far as short notice question is concerned, we sent only one. Of course answer to that one has been received. So I earnestly request the Government that at least if they cannot reply cent per cent, because there are certain types of questions to which it is difficult for the Government to reply within the time limit to perform better in the next session aiming to reach 90 or 95%, if not cent percent.

Shri H. Hadem : Mr. Speaker, Sir, it seems from the information given by you that the Government will take prompt action only on answers to short questions. Shall we do that in order to get prompt reply?

Mr. Speaker : It all depends whether any question can be admitted as short notice question or not as per rule.

Shri F.K. Mawlot : It seems that Government has failed to reply.

Shri B.B. Lyngdoh ( Minister for Parliamentary Affairs ) : Mr. Speaker, Sir, in this matter, we express great regret that we cannot answer to many questions as being put here and of course there are certain questions that take time for the Government to get information and prepare necessary answer. But, however, Mr. Speaker, Sir, we will try our best to answer all the questions or as many questions as possible in future.

Shri H. Hadem :  Mr. Speaker, Sir, the Hon'ble Finance Minister last time also told the House that they will try their best. But uptil now they have not yet tried their best.

Mr. Speaker : I think it is better to understand it in this way. The House must also understand the difficulty of the Government on certain questions. But as I said it is unfortunate that they cannot even answer 50 per cent this time due to various reasons which is beyond my knowledge. But let us try also to see how best we can serve the State through the floor of the House even if the Government has failed to reply on the floor of the House. I think it will be for the benefit of the people at large if the Government can come forward with the reply and send to the hon. Members even after the session. I think this will be a healthy convention, but if we are to treat that as a convention, I think it is harmful because in that case the Government may try to avoid answering inside the House and they will try to send the replies after the session. But any way for the sake of convenience, we must strike a balance that the Government must come and face the Assembly with the reply. In case the questions reach the Government very late, they can send the answers to the individual Members afterwards also.

Shri H. Hadem : But  Mr. Speaker, Sir, regarding the questions of the last session also, uptil now no reply has been sent to the questions admitted by you.

Mr. Speaker : That is not a ruling, as I said, I cannot force the Government. I am only requesting the Government on behalf of the hon. Members.

        So let us pass on to item No. 2 of today's List of Business Presentation of report privilege Committee.

Presentation  of Report of Privilege Committee

Shri Singjan Sangma ( Deputy Speaker ) : I beg to present the report of the Privileges Committee relating to the matter of privilege moved by Prof. Martin Narayan Majaw, M.L.A. against "Ka Pyrta U Riewlum".

Mr. Speaker : May I request the Deputy Speaker who is the Chairman of the Privileges Committee to move that this Assembly agrees to the extension of time for submission of report of the Committee of Privileges till the 31st January, 1973 relating to the privilege matter moved by Sarvashri Stanlington D. Khongwir, M.L.A. Hoover Hynniewta, M.L.A., against Prof. K.P. Chatterjee, Editor Publisher and Printer of "Young India".

Extension of time for submission of Committee Reports.

Shri Singjan Sangma ( Deputy Speaker ) :  Mr. Speaker, Sir, I beg to move that this Assembly agrees to the extension of time for submission of report of the Committee of Privileges till the 31st January, 1973, relating to the privilege matter moved by Sarvashri Stanlington D. Khongwir, M.L.A. and Hoover Hynniewta, M.L.A. against Prof. K.P. Chatterjee, Editor, Publisher and Printer of "Young India".

Mr. Speaker : Now we will come to the next item and I would request Prof. Warjri to move Item No.4.

Prof. A. Warjri :  Mr. Speaker, Sir, I beg to move that this Assembly agrees to the extension of time for submission of the report of the Committee on Petitions till the 28th February, 1973, relating to the Petition of the retrenched personnel of the Relief and Rehabilitation Department.

Prof. M.N. Majaw :  Mr. Speaker, Sir, on a point of information when these motions have been moved does it not require the permission of the House to agree?

Mr. Speaker : That is afterwards as this is only a motion to extend the time.

Prof. M.N. Majaw : No, Sir, to move for extension of time is also a motion and I think the permission of the House is required for that extension.

Mr. Speaker : You see, I take it for granted that silence means consent which speaks of the approval of the House. I have received a request from Mr. Akramozzaman stating that in so far as the recommendation of the Rules Committee is concerned that under Rule II "The Assembly shall ordinarily sit from 9 A.M. to 1 P.M. on all week days except on Thursday and Friday from 9 A.M. to 11.30 A.M. Thursday is a recess day and of course, I passed an order that I agree provided all the Members of the Rules Committee agree and of course, all the Members of the Rules Committee have given their verbal consent. Now, may I have the sense of the House that this consequential change of timing, in so far as the sitting of the House on Friday is concerned, is accepted?

(Voices : Yes, Yes)

Shri E. Bareh ( Minister, Revenue, etc. ) :  Mr. Speaker, we cannot catch.

Mr. Speaker : In so far as the recommendation of the Rules Committee is concerned, it stands as it is and there is only one consequential change that on Friday the sitting of the House instead of from 9 A.M. to 1 P.M. it shall be from 9 to 11.30 A.M. That is the only consequential change.

Shri Francis K. Mawlot : May we know the reason why this is necessary?

Mr. Speaker : It is necessary as Sunday is always a recess day. You see Sunday is a recess day throughout the country for one particular reason. So, on Friday it shall sit from 9A.M. to 11.30 A.M. for the same reason that is of the same type.

        Now, let us take up Item No.5.

Government Bills 

Shri B.B. Lyngdoh ( Minister of Law ) : Mr. Speaker, Sir, I beg to move that the Meghalaya Taxation Laws (Modifications) Bill, 1972, be taken into consideration.

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

( The motion was carried. )

        Since I have received no amendments to the Bill, may I request the Minister incharge of Law to move the motion for passing.

Shri B.B. Lyngdoh ( Minister of Law ) : Mr. Speaker, Sir, I move that the Bill be passed.

Mr. Speaker :  Motion moved. Now I put the question before the House.

        The question is that the Meghalaya Taxation Laws ( Modifications ) Bill, 1972, be passed.

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

        Let us now come to the next item, Item No.6. Before I call upon the Finance Minister to move the motion let me read a message from the Governor :

        "I recommend under Article 207 (3) of the Constitution of India, consideration of the Court Fees (Meghalaya First Amendment) Bill, 1972, in the Meghalaya Legislative Assembly.

BRAJ KUMAR NEHRU,

Governor."

        May I request 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 Bill be taken into consideration .

Mr. Speaker : Motion moved.

Shri S.N. Koch : Mr. Speaker, Sir, I object.

Mr. Speaker : Are you opposed to the motion being moved?

Shri S.N. Koch : Yes, Sir.

Shri H. Hynniewta :  Is it right that anybody should object against the moving of the motion?

Shri S.N. Koch : Sir, I object to the consideration of this Bill.

Shri H. Hadem : But Sir, that stage has not come.

Mr. Speaker : You can speak now if you are objecting to the Bill before we take it into consideration but what are the points?

*Shri S.N. Koch : Mr. Speaker, Sir, the points are under Rule 73 of the Rules of Procedure and Conduct of Business. I shall have to confine myself only to these and I cannot discuss the merits clause by clause. What I want to discuss Mr. Speaker, Sir, is the object of the Bill for increasing the size of the revenue income of the State. So, Sir, from the object of this Bill it is clear that the Government is trying to bring in some revenue to the State Exchequer. But the manner in which the Bill is introduced seems to be defective in view of the above point and that very recently the hon. High Court of Assam, Nagaland, etc. has given a ruling whereby the Hon. High Court held that the Court Fee matters, in so far as they concern the District Council Courts, are matters to be decided upon by the District Council Courts and not by the State Legislature. So, Sir, in view of that ruling, that Court Fee matters should be decided upon by the District Council Courts, I think these should not be taken up by this Legislature. Mr. Speaker, Sir, since our object of introducing this Bill is to bring in some revenue to the State but instead of increasing here in this Bill from only a certain section of the people I say that if we extend to the District Councils instead, without increasing the rates of Court Fees, we can get the revenue which we want to get. So, Sir, instead of considering this Bill in this House, it should have been sent either to the District Court or Bar Association as is often done by Parliament whenever the Bill affecting the administration of justice is to be introduced for eliciting public opinion thereon. In this case Sir, the High Court has come to the conclusion and considered that in view of 1959 notification by the Governor of Assam this Court Fee matter does not apply to the Scheduled District and another consideration is that under paragraph 4....... ......

Mr. Speaker : I do not know whether you are referring to this Bill or the second Bill in item No. 9.

Shri B.B. Lyngdoh ( Minister, Finance ) : Mr. Speaker, Sir, I think this is the first Bill, but he has referred to the second Amendment Bill.

Mr. Speaker : From the trend of your speech you are referring to the next item and that is the second Amendment. But so far as the first Amendment is concerned, there is only one thing that instead of stamps, they have to pay also in cash. So that is the only change.

        Now I put the question before the House. The question is that the Court Fees ( Meghalaya First Amendment ) Bill 1972 be taken into consideration. The motion is carried. Since I have received no amendment 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 Bill be passed.

Mr. Speaker : Motion moved. Now I put the question before the House. The question is that the Court Fees (Meghalaya First Amendment) Bill, 1972 be passed. (The motion was carried and the Bill was passed.) Let us come to item No. 7 and before I request the Finance Minister to move, let me read the message from the Governor.

        "I recommend under Article 207 (3) of the Constitution of India, consideration of the Indian Stamp (Meghalaya Second  Amendment) Bill, 1972, in the Meghalaya Legislative Assembly.

Braj Kumar Nehru.

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

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

Shri S.N. Koch : Sir I object to that.

Mr. Speaker : What is your submission?

Shri S.N. Koch : As I said earlier that I would not take much time of the House, before the Bill is taken into consideration my objection is that in view of the recent High Court ruling which was given in the year 1971 June, in the issue of A.I.R.

Shri B.B. Lyngdoh ( Minister, Finance ) : Mr. Speaker, Sir, may I interrupt again? Here again he has made a mistake, this Bill is only Indian Stamp and not Court Fees.

Mr. Speaker : I think Mr. Koch wants to refer to item No. 9. Now may I put the question before the House. The question is that the Indian Stamp ( Meghalaya Second Amendment ) Bill, 1972 be taken into consideration. Since I have received no amendment, may I request the Minister, Finance to move that the Bill be passed.

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

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

        Before I request the Minister, Finance to move that the Meghalaya Sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants Taxation (Second Amendment) Bill, 1972, be taken into consideration. Let me read the message from the Governor.

        "I recommend under Article 207 (3) of the Constitution of India, consideration of the Meghalaya (Sales of Petroleum and Petroleum Products, including Motor Spirit and Lubricants) Taxation (Second Amendment) Bill, 1972, in the Meghalaya Legislative Assembly.

Braj Kumar, Governor."

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

Shri B.B. Lyngdoh ( Minister, Finance ) :  I beg to move to the 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 (Second Amendment) Bill, 1972, be taken into consideration. (The Motion was carried.) Since I have received no amendment, I request the Minister, Finance to move that the Bill be passed.

Shri B.B. Lyngdoh ( Minister, Finance ) : Mr. Speaker, Sir, I beg to move that the 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 Products, including Motor Spirit and Lubricants) Taxation (Second Amendment) Bill, 1972, be passed. (The Motion was carried and the Bill was passed.)

        Now let us pass on to item No. 9. Before I request the Minister, Finance to move, let me read the message from the Governor -

        "I recommend under Article 207 (3) of the Constitution of India, consideration of the Court Fees (Meghalaya Second Amendment) Bill, 1972, in the Meghalaya Legislative Assembly.

BRAJ KUMAR NEHRU,

Governor."

        Now, I think Mr. Koch actually wants to object to this Bill. It is your turn now.

*Shri Sibendra Narayan Koch : Mr. Speaker, Sir, as I have stated earlier, the main object of this Bill is to bring revenue to our State Exchequer, to accelerate the developmental programmes and to widen our developmental schemes. I appreciate the stand of our Finance Minister but at the same time, I differ with him because the way in which our Finance Minister wants to enrich our State Exchequer is not at all proper and in a manner it is expected. Mr. Speaker, Sir, here the object of the Bill, as it is proposed, is to increase the rate of purchase and also the profits. But, Sir, this increase of profits is meant only for certain section of the people and not all the people of the State of Meghalaya. Mr. Speaker, Sir, here in our State the economic conditions are still lagging behind as compared to the economic conditions of those people in the other States of the country. Therefore, Sir, under such circumstances if we impose taxes on all class of people, it will be a great burden, on them. Moreover, Sir, I want to put one question in this respect. We always feel to give justice to the people and I think this is the contention of all the hon. Members here to do justice to the common people. But instead, we have not done any justice and we have been doing injustice to our people by exploiting them with this right of legislation; we have asked them to pay more tax. So Sir, administration of justice in our State is not up to the mark, it is not worth the name. It is justice only in name and not in reality. We say we want justice but in practice, we do injustice. So Sir, if we want to bring an increase in the rate of profits, it will further impose injustice upon the persons whom we want to do such justice or protect their rights and interests. Sir, in this particular aspect, I see that the Finance Minister has stated that this Court Fee Stamp Bill is to accelerate and widen the tempo of development. But Sir, I entirely differ from him that this is seeking to impose axes upon certain section of the people, does not cover all the citizens of this State and that this Act, should be extended to all executive departments, whatever the court fee is necessary to be paid.

        Sir, in this Court Fee Act, there are certain exceptions which are in force to increase the rate of profits and Sir, I have seen that the staff of our Law Department are also sleeping staff that they were very much interested to bring revenue to enrich the State without thinking properly which section of the people will be exempted from it. In this Court Fee Act, we find under the provisions of the Sixth Schedule and also in some other provisions in paragraph 19 these words, "No Act of Parliament or of the Legislature of the State shall apply to any such areas unless the Governor by public notification so direct; and the Governor in giving such a direction with respect to any Act may direct that the Act shall in its application to the area or to any specified part there or have effect subject to such exceptions or modifications he thinks fit." Then again Mr. Speaker, Sir, in the Court Fee Act, 1930 it is stated like this The Act shall have jurisdiction to all the districts including Khasi Hills as directed by the Central Government that this Act should be applicable." So far as this Act is concerned, it is further empowered by the Constitution in 1954 that these court fees can also be applied to the District Councils even though in 1930 the District Councils have not come into existence. So Sir, this is the practice at present in some of the Districts of the State that these court fees were under-valued. Therefore, Mr. Speaker, Sir, the matter has been referred to the High Court and the High Court has come to the conclusion that this Act does not apply to these Courts. Again in 1949 there was another notification issued by the Governor, Assam, etc., that this Court Fee Act will be applicable in the Syiemship only. The matter once again went to the High Court with all the relevant documents for verification by the Court. But again the High Court has come to the conclusion that this Act is applicable only to Khasi Hills and this has modified the decision of 1930. Therefore, Sir, now by virtue of the ruling given by the High Court of Assam etc., legislation on court fees can be passed only by the District Councils and not by the State Legislature. As a result of which I think this Government is going to pass a legislation in this regard by way of imposing tax on a section of the people who will not go to the District Councils Court but to the D.C's court. In paragraph 3 of the Sixth Schedule, it is mentioned that power of legislation of any court fee is with the District Councils. In any case the High Court comes to a conclusion at Para 4 (e) "That all ancillary matters for the carrying out of the provisions of sub-paragraphs (1) and (2) of this paragraph 4 of the schedule are empowered to the District Councils". In that case, it appears that the District Councils are competent to frame laws, and to bring legislation whenever they deem fit to do so. Now, Sir, if we extend the application of this Act by virtue of the District Councils, then our rights are protected and in this way, we can bring a uniform tax to all the people who are living in the State and if we are ambitious in the developmental works and programmes of the State, tax should not be levied only on a section of the people. As it appears in the statement, this Bill does not cover the whole community but only certain class of people. Therefore, Mr. Speaker, Sir, apart from that, this Bill is also discriminatory to the common interest of the people whom we have to do justice. So I would request Sir, through you, that this Government instead of bringing the Bill for consideration in this House the Bill should be sent to the District Councils.

Mr. Speaker :- But your submission is too late. It should have come at the time when the Bill was about to be introduced or it should come in the form of a Bill or that the Bill should be referred to the Select Committee. But I have not received the motion also. In fact, I have received only an amendment to the Bill which you have suggested I think there is a wrong motion here. In fact, you should have brought your amendment to discuss the Bill before the consideration stage. I think under Rule 72 the Bill can be discussed before introduction. Rule 72 reads :

        "When a Bill is introduced, or on some subsequent occasion, the member incharge may make one of the following motions in regard to the Bill, namely :-

        (a) that it be taken into consideration by the Assembly either at once or at some future day to be then mentioned; or

        (b) that it be referred to a Select Committee composed of such members of the House and with instructions to report on or before such date as may be specified in the motion".

        I have received only the amendment which will be discussed clause by clause. In this particular item I have received an amendment to the Bill to be moved by Shri S.N. Koch.

*Shri S.N. Koch :  Mr. Speaker, Sir, in this Bill "Clause (2) it extends to whole of Meghalaya including the courts established under paragraph 4 of the Sixth Schedule of the Constitution of India.

Shri E. Bareh ( Minister, Co-operation, etc. ) : May I raise a point or order? The extension should be taken in the last stage. It should come to other clause.

Mr. Speaker : It is quite in order.

Shri S.N. Koch :  Mr. Speaker, Sir, of course I spoke a lot about the amendment of Bill. My objection is why this clause should be amended in the form which I moved earlier is that our object in bringing this Bill for development and in view of the ruling given by the Hon'ble High Court of Assam and Nagaland and certain courts were excluded from the purview of the Act. This Bill should be made applicable uniformly so that we can get revenue uniformly from all citizens, tribals and non-tribals and that is the objective of this Court Fee Act so far as it relates to the court matter. Those who come to have justice, at least should pay something so that they can get justice. The aim of the Government was that this revenue should be paid only by certain people, by those people who go to the Court of the D.C. and only non-tribals go to the D.C's Court. Of course there are some exceptions. That is, if the punishment is more than 5 years then he should go to the court of the D.C. But this does not apply to the District Council Court. Then people need not pay tax. Of course, there is no exception if the punishment inflicted is more than 5 years on the part of the non-tribal if he goes to the D.C.'s court. But if one of the parties happens to be a non-tribal he shall have to go to the D.C's court for protection i.e. the weaker section of the people which we specified as tribal and non-tribal they are being exempted because one is with the District Council and another with the D.C.'s Court. If we do not bring the amendment, the Act is not applicable to the whole of the State.

        Since our objective is to bring revenue, this will affect any court matters. What will happen if administration of justice is purely under the District Council. Under this Act, they will have to pay the fee. Take the case of the forest. Of course some forests are under the District Councils and the contactor submits tender for forest coupes. In that case, court fee shall have to be paid or not. Sir, in view of the recent ruling and since the subject matter is purely in the hands of the District Councils, the District Councils will bring in the Court Fee Act, though our intention is to fetch revenue. Then the purpose will be defeated. So I move that this Second Amendment to the Court Fees Act, 1870 to be applied to the whole of Meghalaya including the courts established under paragraph 4 of the Sixth Schedule of the Constitution of India.

Shri Humphrey Hadem : Mr. Speaker, sir, I would like to oppose the amendment. On the very purpose by extending the present Act to the court of the District Councils, Sir, we have to note that the District Council is in need of finance for the administration of justice. If these District Council courts cannot get something out of administration of justice, I do not see how the District Councils can run their administration.

        Secondly, I would like to disagree with my friend that this Act, as it is, will be applicable only to the non-tribals. Actually, Sir, we do not have copies of the Amendment, otherwise we would be able to bring the Administration of Justice Rules as passed by the District Council. Both the criminal and civil suits are not being tried by the District Council Court alone, even in the case of tribals. But they have to go to the Court of the Deputy Commissioner also. Now, as far as the law and order and apprehension of peace are concerned, these cases are being tried by the Deputy Commissioner's Court - whether they belong to the tribals or to the non-tribals. Most of the cases involve apprehension of peace and order. I have seen and I would like to bring to your notice that many of the cases are there in our Jaintia Hills District Council and they are all referred to the Court of the Deputy Commissioner except only a few cases which have been dealt with by the District Council Court. In view of the circumstances, I do not see any reason why this Act should be extended to the courts of the District Council because it will vitally affect the financial position of the District Council administration. With these few words, Sir, I oppose the amendment.

Mr. Speaker : May I request the Minister incharge of Finance to reply?

*Shri B.B. Lyngdoh ( Minister, Finance ) : Mr. Speaker, Sir, at the outset, I should say that I appreciate the spirit of the hon. Member with which he objected earlier to the consideration of this Bill and now with which he spoke about the amendments that he proposed. We have been labouring under very serious discriminations as pointed out by Mr. Koch. There are two sets of discriminations, one is, as Mr. Koch had referred to, that Court fees under this Act are to be paid only by a section of the community. But Mr. Koch had again been blind to the other discrimination, which, as a matter of fact, is the root of the discrimination. The other discrimination that has been going on for the last 25 years in our Autonomous  Districts in the hill areas is one which is worse than the discrimination that has been referred to by Mr. Koch. It reminds us of the British rule where it is said that Indian Judges cannot try any European. Why is this discrimination? Because only a section of the people have to go to the Court of the Deputy Commissioner. They do not want to be tried by the District Council Courts. That discrimination is that a tribal Judge however qualified he may be, cannot try the cases of non-tribals. As if a European is above an Indian Judge, so also a non-tribal is above the tribal Judge in these hill areas. What he referred to as discrimination is the result of this discriminatory treatment. Therefore, we are very much concerned about this and in fact in 1968-69, the leaders of the APHLC have taken up this question with the Government of India and now Mr. Koch had forgotten or perhaps has not referred to the new amendment of the Sixth Schedule. Now, we are in the process of implementation of the amendment in which all the discriminations will be done away with. We have consulted the District Councils and I hope that within a few months or a short time we will come to the completion of the process of implementation of the objects of the amendment of paragraph 4 of the Sixth Schedule in which there will be no more discrimination. One set of cases will be tried by the same Court for all people or citizens of Meghalaya and the Court fees also will be uniform. Therefore, in view of this, Mr. Speaker, Sir, I would request Mr. Koch to withdraw and co-operate with the Government and the District Council in the quick implementation of the objectives of the proposed amendment of the already amended provision in the Sixth Schedule.

Mr. Speaker : Now, Mr. Koch.

Shri S.N. Koch :  Mr. Speaker, Sir, in view of the assurance of the Minister incharge that the discrimination will be done away with shortly, I withdraw my amendment.

Mr. Speaker : Has the hon. Member leave of the House to withdraw his amendment? ( Voices : yes, yes.)

        The amendment is with leave of the House withdrawn.

        So, let me put the question before the House. The question is that Clause I in its original form do form part of the Bill.

(The Motion was carried)

        Now, Clause I do form part of the Bill.

        In so far as Clause 2 is concerned, I have received one amendment from Mr. Koch which seeks to amend sub-clause (1) of Clause 2. May I request Mr. Koch to move the amendment?

Shri S.N. Koch :  Mr. Speaker, Sir, under the present amendment, the rate of Court fees fixed under Clause 2(1) is that while an amount ........

Mr. Speaker : First of all you must move the amendment and then you can make a submission.

Shri S.N. Koch :  "When the amount or value of the subject matter in dispute does not exceed one hundred rupees; for every  five rupees or part thereof of such amount or value Twenty five Paise" .....

        Now, Mr. Speaker, Sir, .......

Mr. Speaker : Complete the whole thing. You have actually sent to me a notice. You should move all the three paragraphs of your amendment but you have read only the first paragraph.

Shri Humphrey Hadem : Mr. Speaker, sir, I would like to raise a point of order. Here according to the notice of amendment circulated to us, it is regarding Clause 2 and also regarding the definition.

        (Voices , No, No,   Sub Clause (1) )

Mr. Speaker : This is second Amendment Bill,

Shri S.N. Koch :  Mr. Speaker, Sir, under the second Amendment Bill brought by the Hon'ble Finance Minister .......

Mr. Speaker : Why don't you move the amendment? I am telling you time and again.

Shri S.N. Koch :  Sir, I am going to move.

        "For the existing first three paragraphs at pages 1 and 2 under sub-clause (1) of Clause 2 of the Bill, the following shall be substituted -

        "When the amount or value of the subject matter in dispute does not exceed one hundred rupees; for every five rupees or part thereof of such amount or value ....... Twenty five paise.

        When the amount or value exceeds one hundred rupees for every ten rupees or part thereof in excess of one hundred rupees upto five hundred rupees .... Ninety five paise.

        And, when the amount or value exceeds five hundred rupees for every ten rupees or part thereof  upto  one thousand  rupees  .... Seventy five paise."

Mr. Speaker : Motion moved. Now you can raise a discussion.

Shri S.N. Koch :  Mr. Speaker, Sir, now under this Bill brought by the Hon'ble Finance Minister, the written statement was not otherwise for this act or of the cross objection presented to any Civil Revenue Court except those mentioned in section 3. Fees will be paid when the amount or value of the subject matter in dispute does not exceed one hundred rupees, it will be 55 paise. In my humble view this fee is excessive and so instead of 55 paise for every five rupees it should be only 25 paise. This increase of the court fee table is given in the schedule. So my point is that instead of paying .55 paise it should be 25 paise so that a man who comes for a case will not pay more than the man who files the case. The next rate when the subject matter of dispute exceeds one hundred and does not exceed Rs. 150/-. In that case the man who files the case of Rs. 150 he is to pay the court fee Rs. 41.50 and the man who comes for a writ of Rs. 150 if he has to pay Rs. 41.50 court fee then this House can easily imagine that when a man comes to the court he is not only paying court fee, he has also to pay a motor fare etc.

Mr. Speaker : The lawyer's fee is a very big amount (laughter).

Shri S.N. Koch : Mr. Speaker Sir, this excessive fee is discouraging persons to come to the court and so instead of raising the fee to Rs. 1.95 it should be 95 paise. So also in cases when the fee exceeds Rs. 150 the fee prescribed is Rs. 1.40 p. This is also excessive and in fact if we calculate in that way a person who comes for relief he will be getting nothing. So this increase will discourage persons to come to the court and also a loss of revenue to the State.

Shri E. Bareh ( Minister, Co-operation, etc. ) : Mr. Speaker, Sir, I want to raise a point of order. The hon. Member is bringing only the first motion what about the rest. He should say that the rest remains as it is. So the motion is out of order.

Mr. Speaker : You see sometimes we move out of the chimney.

Shri H. Hadem : Mr. Speaker, Sir, the motion is in order. The Mover wants to say only about this portion of the motion and others stand as they are.

Mr. Speaker : His main contention is that the rates should be at par with the rest.

Shri E. Bareh ( Minister, Co-operation, etc. ) : Mr. Speaker, Sir, the motion concerns clause (I) and clause (2).

Mr. Speaker : I understand your point. Other clauses will  be amended but nobody came forward. The motion is in order but Mr. Koch must not stretch beyond what is necessary.

Mr. S.N. Koch : Only these three, Sir.

Mr. Speaker : May I request the Hon'ble Finance Minister to reply.

*Shri B.B. Lyngdoh ( Minister, Finance ) : Mr. Speaker, Sir, earlier when he objected to the consideration of this Bill the hon. Member, Mr. Koch, read out the object of the Bill and I appreciate what he said about the spirit of the amendment. He would have moved the amendment in that line. However he moved the amendment  and now we compare the change Mr. Koch would not have said that it will discourage the persons to come to the court due to increase of fee from 50 paise to 55 paise and if we compare the increased cost in all spheres and the devaluation of money that is happening in our country this increase from 50 paise to 55 paise is nominal.

        Whatever it is Mr. Speaker, Sir, I would like to say that the Government had not given the radical proposal for the change in increase is very nominal. When we look into the existing rate we find that the increase is from Rs. 1.75 paise to Rs. 1.95 paise. Therefore, I would say, Sir, that when the hon. Member appreciates the motive in this Bill that the additional increase of resources of the State is very nominal and that a small amount of revenue will accrue to our State and in view of the devaluation and increase in prices all around I would request Shri S.N. Koch to withdraw the amendment.

Shri Humphrey Hadem : On a point of clarification and information, Sir. Now since these rates of Rs. 0.55 p and Rs. 0.95 paise have been made we just want to know Sir whether these stamps can be made available at Rs. 0.55 paise because at present there is .........

Mr. Speaker : There is difficulty.

Shri B.B. Lyngdoh ( Minister, Finance ) : The amendment to remove the difficulties has been passed just two months or so ago.

Shri Humphrey Hadem : That is to be done by cheque.

Shri B.B. Lyngdoh ( Minister, Finance ) : It will be done in cash.

Mr. Speaker : Now let Mr. Koch seek a clarification.

*Shri S.N. Koch : The explanation given by the Finance Minister is that the increase of 5 per cent or 10 per cent is very nominal and if I am not clear my whole contention is that under the present statement court fees have to be paid on all claims of the value......

Shri B.B. Lyngdoh ( Minister, Finance ) : May I refer to the corrigendum that is an old statement we have got a copy of it.

Shri S.N. Koch : In view of the correction and also in view of the fact that our State requires huge revenue I withdraw the amendment.

Mr. Speaker : Has the hon. Member leave of the House to withdraw his amendment? (Voice - Yes, yes). The amendment is with leave of the House withdrawn .

        I put the question before the House. The question is that the Schedule I and Schedule II do form part of the Bill. (The Motion was adopted) Schedule I and Schedule II do form part of the Bill.

        Now I put the final question before the House. The question is that the enacting formula, the preamble and the title of the Bill do form part of the Bill. The Motion is carried. The enacting formula, the preamble and the title do form part of the Bill. Now I will ask the Finance Minister move that the Bill be passed.

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

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

PROROGATION

        Since there is no other business for the day let me read the prorogation order.

"RAJ BHAVAN"

Shillong,

The 5th December, 1972.

ORDER

        In exercise of the powers conferred by Clause (2) (a) of Article 174 of the Constitution of India, I, Braj Kumar Nehru, Governor of Meghalaya, hereby prorogue the Meghalaya Legislative Assembly at the conclusion of its sitting on the 6th December, 1972.

B.K. NEHRU,

(BRAJ KUMAR NEHRU)

Governor of Meghalaya.

( The House was then prorogued ).

R.T. RYMBAI,

Dated Shillong,

Secretary,

The 6th December, 1972.

Meghalaya Legislative Assembly.