The Assembly met at 9.30 A.M. on Friday, the 1st April, 1977 in the Assembly Chamber, Shillong, with the Speaker in the Chair.

Mr. Speaker :- Let us begin the business of the day by taking up Starred Question No. 1.

STARRED QUESTIONS

( To which oral replies were given )

Water distribution in the Municipal area of Shillong

Shri Jormanick Syiem asked :

* 1. Will the Minister-in-charge of Municipal Administration be pleased to state -

        (a) Whether any steps have been taken for improving water supply to the Jaiaw Ward ?

        (b) Whether the Government is aware of fact that mal-distribution of water is continuing in the Municipal area of Shillong?

        (c) Whether any attempt is being made for rectifying the mal-distribution so that all areas get equal supply of water ?

        (d) Whether the Municipal authorities have engaged more qualified personnel for tackling the mal-distribution ?

Shri U. Kharbuli (Minister of State, Municipal Administration Department) replied :

        1. (a) - Yes

        (b) - Government is aware that distribution of water within the Shillong Municipality is still not uniform due to the old and defective system and nature of terrain.

        (c) - Steps are being taken and will continue to be taken to improve the system but it will take time and will involve considerable expenditure.

        (d) - The Municipality has experienced personnel to tackle this problem.

Shri Jormanick Syiem :- May I know from the Minister what are the definite steps that had been taken for augmenting the supply of water to Jaiaw ?

Shri U. Kharbuli (Minister of State, Municipal Administration) :- In the year 1974 ....

Mr. Speaker :- He is asking what are the steps, you tell only the steps.

Shri U. Kharbuli (Minister of State, Municipal Administration) :- Mr. Speaker, Sir, one of the steps that had been taking was drawing of a separate pipe line to the locality from a 7'' dis. main costing Rs. 7,249.

Shri Jormanick Syiem :- Mr. Speaker, Sir, from where this separate pipe line has been drawn for Jaiaw ?

Shri U. Kharbuli (Minister of State, Municipal Administration) :- From near the Students' field.

Shri Jormanick Syiem :- Whether it is a fact that sufficient fund was allocated by the Government to the Shillong Municipal Board for augmenting the supply of water to the whole of Shillong ?

Shri U. Kharbuli (Minister of State, Municipal Administration) :- Mr. Speaker, Sir, yes, a sum of Rs. 4,51,000 has been provided this year.

Mr. Speaker  :- Now, let us pass on to Unstarred Question No. 9.

UNSTARRED QUESTIONS

( Replies to which were placed on the table )

Power Supply in Tura Town

Shri K.M. Roy Marbaniang asked :

        9. Will the Minister-in-charge of Power be pleased to state -

        (a) Whether the Government propose to improve the supply of electric power in Tura Town ?

        (b) If so, when ?

Shri Sandford K. Marak (Minister, Power) replied :

        9. (a) - Yes.

        (b) - Within a reasonable time.

Flood Protection Scheme

Shri K.M. Roy Marbaniang asked :

        10. Will the Minister-in-charge of E & D. be pleased to state whether Government have undertaken any flood protection scheme for the protection of (i) Balat village, (ii) Dangardop, (iii) Lalpani, (iv) Rongkum village, (v) Khasimara river, (vi) Mawdon Bazar ?

Shri E. Bareh (Minister-in-charge of E. & D.) replied :

        10. - No.

Allocation for the State's Fifth Five-Year Plan

Shri Jor Manick Syiem asked :

        11. Will the Minister-in-charge of Planning be pleased to state -

        (a) The final allocation for the State's Fifth Five-Year Plan ?

        (b) When was this allocation finalised ?

        (c) What were the amount finally approved for (a) 1974-75 (b) 1975-76 and (c) 1976-77 ?

        (d) Whether all the amounts allocated for those years have been utilised ?

        (e) Whether the amounts not spent during the past 3 years, if any would be available for utilising during the remaining years of the plan ?

Shri Williamson A. Sangma (Chief Minister) replied :

        11. (a) - Rs. 89.53 crores.

        (b) - This was finalised in the meeting of the National Development Council held in September, 1976.

        (c) & (d) - The approved outlays and the department expenditure figures are indicated below :-

Annual Plan

Approved
Outlay

Departmental
expenditure
figures

( Rs. in lakhs )

1974 - 75

1243

1170

1975 - 76

1780

1728

1976 - 77

2022

2022

                                                                                                                                        ( anticipated )

        (e) - No. The outlay for the last two years of the Fifth Plan can however be raised depending on availability of resources.

Shri Jormanick Syiem :- The reply to question No. 11 (c) & (d) is not completed. The question was whether all the amounts allocated for those year have been utilised ?

Shri W.A. Sangma (Chief Minister) :- The reply was there Mr. Speaker, Sir.

Mr. Speaker :- You mean to say that this amount had been utilised ?

Shri W.A. Sangma (Chief Minister) :- In 1974 - 75 it was 1170 lakhs, 1975 - 76 - 1728 lakhs and 1976 - 77 it was 2022 lakhs. Those are the Departmental expenditure figures.

Shri Jormanick Syiem :- My question was whether all the amounts allotted had been utilised but in the reply it was stated that is being anticipated.

Shri W.A. Sangma (Chief Minister) :- It is due on 31st March.

Deduction of Income Tax from Tribal contractors

Shri K.M. Roy Marbaniang asked :

        12. Will the Chief Minister be pleased to state -

        (a) The reason for deducting 2 per cent from the bills of all tribal contractors as income-tax ?

        (b) Whether members of the Scheduled Tribes are still exempted from payment of income-tax ?

Shri Williamson A. Sangma (Chief Minister) replied :

        12. (a) & (b) - Members of the Scheduled Tribes whose place of residence and whose source of income is located in a tribal area as defined under Section 10 (26) of the Income Act, 1961 are exempted from payment of Income tax. Unless such exemption or tax clearance certificate is furnished, a disbursing authority is obliged under Section 194 C of the Income Tax Act to deduct tax at 2 per cent from payments made to contractors. However in order to obviate the difficulties faced by tribal contractors, exemption/tax clearance certificate is not insisted upon where total payments in a year do not exceed Rs. 40,000.

Shri Rowell Lyngdoh :- Mr. Speaker, Sir, in both (a) and (b), the reply was that exemption/tax clearance certificate is not insisted upon where total payments in a year do not exceed Rs. 40,000. Sir, may I know whether at present the officers are in the know of this ?

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

Transmission line between Mawsynram and Balat

Shri K.M. Roy Marbaniang asked :

        13. Will the Minister-in-charge of power be please to state -

        (a) Whether Government is aware that electric Sal-posts are lying unused along the Mawsynram-Balat road for a pretty long time ?

        (b) If so, whether Government has abandoned the scheme for opening a transmission line between Mawsynram and Balat ?

        (c) If the reply to (b) be in the negative, when will these Sal-posts be used ?

        (d) What are the villages proposed to be electrified by this transmission line between Mawsynram and Balat ?

        (e) When will the electrification work be completed ?

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

        13. (a) - Yes. The poles are lying there from the middle of 1976.

        (b) - No.

        (c) - They are being used now.

        (d) - The villages to be electrified in this area are Phlangwanbroi Mawprem, Pyndemsohsaw, Trongpleng, Balat and Balat Rim.

        (e) - In about two years.


Announcement by the Speaker

 Mr. Speaker :- Now, I will report to the House about the replies to questions as usual. Out of 2 Starred questions received, I have admitted both and one reply has been received from the Government and out of 22 Unstarred questions that I have received, 21 of them were admitted by me and 15 questions have been replied to. So the percentage in Starred questions is 50 per cent and Unstarred questions is 71.43 per cent.


Nomination of Members to the Legislature Committees

        Before I pass on to the next item, I have some announcement to make. I announce the names of the hon. Members to constitute the different Committees of this Legislature. (1) Under Rule 259, I nominate the following hon. Members to constitute the Rules Committee :-

1.

Shri Maham Singh, Minister for Parliamentary Affairs.

2.

Shri B.B. Lyngdoh

3.

Prof. A. Warjri.

4.

Shri Humphrey Hadem

         The Committee will function under my Chairmanship.

        (2) Under Rule 257, I nominate the following hon. Members to constitute the Committee on Government Assurances :-

1.

Shri Jormanick Syiem

2.

Smt. Percylina Marak

3.

Shri Y. Fuller Lyngdoh

4.

Shri Shamsul Haque

5. 

Shri Edward Kurbah

        Shri Jormanick Syiem will be the Chairman of the Committee.

        (3) Under Rule 251, I nominate the following hon. Members to constitute the Committee on Subordinate Legislation :- 

1.

Shri S. Naryan Koch

2.

Shri D.D. Pugh

3.

Shri Manindra Rava

4

Shri Samarendra Sangma

5.

Shri Rowell Lyngdoh

        Shri S.N. Koch will be the Chairman of the Committee.

        (4) Under Rule 246, I nominate the following hon. Members to constitute the Committee of Privileges :-

1.

Shri Singjan Sangma, Deputy Speaker

2.

Shri Stanlington David Khongwir

3.

Smt. Miriam D. Shira

4.

Shri Nimosh Sangma

5.

Shri. P.R. Kyndiah

        Shri Singjan Sangma, Deputy Speaker will be the Chairman of the Committee.

        (5) Under Rule 239, I nominate the following hon. Members to constitute the Committee on Petitions :-

1.

Shri M. Reidson Momin

2.

Shri Jagabandhu Barman

3.

Shri Choronsingh Sangma

4.

Shri D.N. Joshi 

5.

Shri Brojendra Sangma

        Shri M. Reidson Momin will be the Chairman of the Committee

        (6) Under Rule 231, I appoint the following hon. Members to constitute the Library Committee :-

1.

Shri P.N. Choudhury

2.

Shri Jackman Marak

3.

Shri Medison A. Sangma

4.

Shri S.D.D. Nichols Roy

5.

Shri S.P. Swer

        Shri P.N. Choudhury will be the Chairman of the Committee

        (7) Under Rule 312, I appoint the following hon. Members to constitute the House Committee :-

1.

Shri Pritington Sangma

2.

Gakynstone Laloo

3.

Shri Medison A. Sangma

4.

Shri Ira Marak

5.

Shri Raisen Mawsor

        Shri Pritington Sangma will be the Chairman of the Committee


Discussion under Rule 49

        Let us pass the next item. Shri H. Hadem to arise a discussion under Rule 49 (1) of the Rule of Procedure and Conduct of Business of Assembly on a matter arising out of answers to Unstarred Question No. 12 asked by him on 13th September, 1976.

Shri Humphrey Hadem :- Mr. Speaker, Sir, I beg to raise a discussion on a matter arising out of answers to my unstarred question No. 12 asked on the 13th September, 1979. The question was regarding the D.C's orders for suspension of the bull fight in Mynso Dolship proposed to be held on the 16th July, 1975. The origin of the order was out of the declaration of the Emergency whereby D.C. had notified that no public gathering, meetings or otherwise except for the religious and funeral purposes be held without his permission. Since the bull fight is not a religious one and wherein many people have to attend, the Doloi as the Chairman of the Mynso Doloiship Durbar sought the permission of the D.C. who passed the order as mentioned in the question suspending the said Bull fight proposed to be held on the 16th July, 1975 until further orders. It has been admitted in the reply to question No. 12 (a) that the bull fight was suspended. But Sir, in the reply to question 12 (b) it was strange enough to find that rather, it was said that the bull fight did not take place in Mynso proper. Further in a supplementary question, it was admitted that the place is within the Mynso Doloiship which was exactly the very matter in question. Further it was revealed that a thousand i.e. using the article 'a' and singular word 'thousand' of people attended. Also that the bull fight passes off peacefully.

        Now Sir, the question is whether breach and contempt of D.C's order was committed. Both the replies substantiated the affirmative answer. Again being unsatisfied with the circumventive replies the follow up questions were raised by me on the 18th December, 1976 through unstarred questions No. 6 and 7 wherein again vide answers 6 (a) it was readmitted that the place where the bull fight tool place falls within the Mynso Doloiship. The officer entrusted with the enforcement of suspension order vide answer 6 (b) was an appropriate Police Officer who is the Circle Inspector of Police according to the answer to a supplementary question.  

        Further it was bluntly admitted that the police party did not proceed to the place on a lame excuse of the road being slippery. Further Sir, the information given that the bull fight took place attended by a thousand of people and that it also passed off peacefully was based, according to the reply, on the report of the police.

        Now, therefore, Sir, summing up all the replies it can clearly be seen that (1) the suspension order existed (2) the enforcement of the same was entrusted to a police Circle Inspector (3) that the said Officer had failed the order (4) that the bull fight took place in spite of the D.C's suspension order (5) that the police Officer and his party did not intend to execute the order and thereby on the pretext of a slippery road, they could not proceed on foot and allowed the contempt caused to the D.C's order (6) that circumventingly the report given by the Officer what that the place was not in Mynso proper, whereas the suspension order was enforced throughout the jurisdiction of the Doloi of Mynso that is, throughout the Mynso Doloiship.

        Further, while admitting that the said Circle Inspector of Police and his party did not go to the place, he further reported that (i) a thousand people attended and (ii) that the bull fight passed off peacefully. Now, therefore, the matter for discussion is (a) how the officer without going to the place counted the attendance of the people to be exactly a thousand, nothing more and nothing less. (b) How he could see from 4 kilometers away of ups and downs that the bull fight passed off peacefully, or let us take granted that he went to the place, then another point for discussion is (a) whether he was deputed to witness the bull fight or, (b) whether he was entrusted with the task of enforcing the D.C's suspension order ? Now therefore in view of the fact that he is hiding the facts and he rather tried to explain with an excuse of the place not being in Mynso proper and the condition of the road being slippery. So Sir, for an officer's negligence of duty - I repeat, for the officer's negligence of duty, this House has been misled with the officer's negligence of duty, this House has been misled with contradictory replies to the questions which, as a matter of fact, is a very fit case for a breach of privilege of this House. Further, Sir, may I ........

Mr. Speaker :- Mr. Hadem may I point out to you that if it is a case of breach of privilege, you should have given proper notice.

Shri Humphrey Hadem :- I did not give notice for that purpose but only for a half an hour discussion. What I say is that it can also be taken in that direction. As stated I come now through half an hour discussion on this matter, that the officer concerned has misled the House.

Mr. Speaker :- Whether he has misled or the Government has misled the House ?

Shri Humphrey Hadem :- No Sir, the Government did not misled the House because the reply was given on the information given by the police. Further Sir, may I enlighten the House that some time in 1976 such contempt of the D.C's order suspending the bull fight near Khliehrangnah in Shangpung doloiship also happened. But in this case, the defaulters were arrested and released only after being bound down under section 107 C.R.P.C. Sir, as a result of the failure of this particular Circle Inspectors of Police in implementing the suspension order for Mynso Doloiship, many defences later on took place regarding the Elaka foresr, bazar matters and others which were committed by and under the leadership of those same defaulters of the said suspension order issued by the D.C.

        Hence Sir, the matter was now raised for discussion in view of the fact the no action had been taken either against the defaulters or against the officer who had failed to perform his duty. With these few words, Sir, I resume my seat.

Mr. Speaker :- Anybody who would like to participate ?

Shri Rowell Lyngdoh :- Mr. Speaker, Sir, in view of the replies which the Government have made, I feel that is the present Government which should taken action against these defaulters. Though the previous Government had not taken action we would expect that the present Government would take action against the defaulters for not carrying out the orders.

Shri H.E. Pohshna :- Mr. Speaker, Sir, the hon. Member who moved the motion has referred to the elaka forest. Whether this eleka forest is in Mynso proper, or, I just want to know.

Shri H. Hadem :- May I reply, Sir ?

Mr. Speaker :- I think the whole House understands.

Shri H. Hadem :- The bull fight was in violation of the suspension order throughout Mynso Doloiship.

Shri H. Pohshna :- But he has referred to some other incidents with regard to the elaka forest. So I wish whether this is inside Mynso proper. 

Shri H. Hadem :- I think the hon. Member has come a bit late and so he has not heard the subject matter which the House is concerned with.

Mr. Speaker :- Will the Chief Minister reply ?

Shri W.A. Sangma (Chief Minister) :- Mr. Speaker, Sir, this question has been repeatedly asked and replies have been given in this House on the basis of the information given by the authorities. I have nothing more to add. It is a fact that the order of the D.C. have nothing more to add. It is a fact that the order of the D.C. for staging a bull fight in a particular place has been carried out, according to the information. But it took place about 4 miles away.

Mr. Speaker :- But the hon. members has stated 4 kilometers.

Shri W.A. Sangma (Chief Minister) :- But I think it will not be correct to say that because the Addl. Deputy Commissioner's order was for a particular place that bull fight took place elsewhere only for the reason that there was no Government order. This action was taken by the Addl. Deputy Commissioner to prevent recurrence of incidents in the previous year. I do not know exactly where it took place.

Shri H. Hadem :- Let me interrupt.

Shri W.A. Sangma (Chief Minister) :- In view of the death of two persons, the Deputy Commissioner thought that. Before the bull fight, some sort of meeting with the Doloi concerned could be held the preventive measures would be taken as follows:

        (1) to prevent the staging of bull fight so as not to repeat the 8th Mile (Phra Mer) incident which took place in 1974 in which two persons died and many were injured;

        (2) to prevent sale of illicit liquor

        (3) to stop gambling in any form.

        It is only for that purpose that local administration thought that, before a bull fight could be staged, some sort of dialogue or discussion should be held with the Doloi concerned to prevent the recurrence of the incidents which took place in 1974. My reply in the past also was based on the information furnished by the local police. But if the hon. Member is not satisfied, I think he can resort to a court of Law.

Shri H. Hadem :- Mr. Speaker, Sir, I must clarify the position. If the House will turn to the heading of the question, they will find there, it was clearly mentioned, D.C.'s order for suspension of place. Secondly, Sir, it was misleading to say, that this order was issued in view of the previous incident. Actually, it originated from the implementation of the Emergency and that it has nothing to do with the previous years. 

Shri H.E. Pohshna :- Mr. Speaker, Sir, since the Emergency has been lifted. I think this matter should be closed .................[ Laughter ]

Mr. Speaker :- What I am concerned with is only one very important point. The hon. member said that it appears that the officer concerned has misled the Government and this House and, therefore, it may constitute a breach of privilege. The Chief Minister says that the information that he has given to the House is based on correct information.

Shri W.A. Sangma (Chief Minister) :- Yes, the information that I received.

Shri Rowell Lyngdoh :- On a point of clarification, I would like to know whether that bull fight which has taken place somewhere else is in Mynso or outside Mynso. Whether it has got the permission of the D.C. or not ?

Mr. Speaker :- To have a bull fight is not illegal due to any apprehension perhaps ...

Shri W.A. Sangma (Chief Minister) :- There are measures to contemplate before the bull fight, that is the customary practice.

Shri H. Hadem :- I have already mentioned one occurrence that took place in 1976 where the same type of order has been issued by the D.C. and the people of Khliehrangnah did not obey the suspension orders. They were arrested and were released only after being bound down under Section 107 Cr.P.C. But in this particular case, in the suspension order of the D.C., regarding Mynso Doloiship something was wrong why no action had been taken ?

Mr. Speaker :- So, it appears, that the hon. member is not, satisfied with the reply. I think there are some other means to be resorted to for this particular issue outside the House either through a mutual discussion with the Government or through some other means. I think if we believe what the hon. member has said; then, in that case, the Government has to take action against the officer concerned. I think it will not be advisable for us to go any further. There are some other means to resort to in this particular issue. Now let us come to the next item i.e. item No. 3. Obituary reference. The Chief Minister please. 


Obituary References

Shri W.A. Sangma (Chief Minister) :- Mr. Speaker, Sir, with your permission, I would like to make an obituary reference to Shri Ayilyath Kuttieri Gopalan, M.P. and leader of the CPI (M) Group in Parliament, who passed away on the 21st March, 1977 at the age of 73.

        Born on October 1st, 1904, Shri Gopalan was educated at Mission High School and Brennen College, Tellichery; was associated with the Indian National Congress from 1934 to 1936. 

        Shri A.K. Gopalan was a member of the All India Congress Committee for several years and President and Secretary of the Kerela Pradesh Congress Committee. He was also an active worker in Trade Union and Kissan Movement in Kerela; and when Gandhiji launched the Non-cooperation Movement in 1930 he joined the movement and was arrested.

        Shri Gopalan left the Congress in 1942 and joined the Communist Party in 1945. He became increasingly prominent in the Kissan Movement and was President of the All India Kisan Sabha since 1956. He was on the executive of the Trade Union.

        Shri Gopalan was a member of the Lok Sabha since 1952 and a leader of the Communist Party of India group in the Lok Sabha for sometime and, after the split in the party, became leader of the CPI (M) Group. He was also a member of the CPI (M) Politburo.

        In his death, the country as a whole had lost a great freedom fighter, a statesman and a Parliamentarian.

Mr. Speaker :- Any other hon. Member ?

* Shri B.B. Lyngdoh :- Mr. Speaker, Sir, I would also like to join hands with the Leader of the House on the sentiments of grief at the passing away of another great leader of the country who had during his long career contributed much to the public service in the country.

* Shri Rowell Lyngdoh :- Mr. Speaker, Sir, I on behalf of the Hill State People Democratic Party Group would like to share the sentiments of grief expressed by the Leader of the House and other leaders at the passing away of the great leader of that State, Mr. A.K. Gopalan. His death was a great loss to the country. We not only share the sentiments expressed by other leaders but also extend our sympathy to the members of the bereaved family.

Mr. Speaker :- I also would like to share my sentiments with that of the Leader of the House and other Members on the sad demise of Shri A.K. Gopalan, former M.P. late Shri Gopalan needs no introduction to the people of India. Shri A.K. Gopalan was a true Marxist and a relentless fighter for the cause of the working class. With the passing away of Shri Gopalan, the country has lost a great friend of the working class people.

        We gather here today to pay homage and pray for the eternal rest of his souls. May God grant strength and fortitude to the members of the bereaved family. We shall now stand on our feet and observe one minute's silence as a mark of respect to him.

( The House stood in silence for one minute )


PROROGATION

        Now we come to the end of the list of business i.e., prorogation.

"RAJ BHAVAN

SHILLONG

March 30, 1977

 ORDER

        In exercise of the powers conferred by clause (2) (a) of Article 174 of the Constitution of India, I, Lallan Prasad Singh, Governor of Meghalaya, hereby prorogue the Meghalaya Legislative Assembly at the conclusion of its sitting on the 1st April, 1977.

Lallan Prasad Singh

Governor of Meghalaya."

         The House stands prorogued.

D.S. KHONGDUP

Dated Shillong

Secretary

The 1st April, 1977

Meghalaya Legislative Assembly.

**********