The 9th session of the Thirteenth Nagaland Legislative Assembly (NLA) began on 25th November 2021 at the NLA Secretariat, Kohima, with the Speaker, NLA, Sharingain Longkumer making obituary references to the passing away of the following Members:
1. Pongchailenba Konyak, former Member of NLA who passed away on 11th August 2021.
2. Chupfuo Kense, former Member of NLA who passed away on 17th August 2021.
3. Lhiweshielo Mero, former Member of NLA who passed away on 13th October 2021
4. Kihoto Hollowon, former Member of NLA who passed away on 15th October 2021.
5. Khuosatho Nyusou, former Member of NLA who passed away on 14th November 2021.
STARRED QUESTIONS:
Replying to MLA Yitachu’s question on the present status of waterways project over Tizu River, Minister, Transport, Civil Aviation & Railways, Paiwang Konyak stated that the Tizu-Zungki River was declared as National Waterway 101, as per the National Waterway Act published video Gazette Notification No. 18 on 26th March 2016, so as to develop the river as an inland water corridor. The Government of Nagaland requested the Inland Waterways Authority of India to prepare the DPR and accordingly, M/S WAPCOS Limited prepared the DPR in accordance with the guidelines of the Central Sector Scheme for Inland Water Transport. As per the DPR, the project is to be implemented in three phases and on the request of the Inland Waterways Authority of India, the Government of India decided that the project will be implemented by the Nagaland Inland Waterways Board. Minister Paiwang said that after almost two years, because of the pandemic, he visited the Ministry of Civil Aviation, Railways, Ports, Shipping & Waterways for early implementation of the project.
Minister Paiwang said that high deposits of granite, marble and limestone in Phek and Kiphire districts can only be transported in ships which will arrive with the finished goods and essential materials for the North East. On 23rd November 2021, Minister Paiwang said that he called on Minister of Ports, Shipping and Waterways, Sarbananda Sonowal, who gave him the assurance that the project will be taken up, if the prioritized proposal to start the project is submitted.
MLA, Yitachu raised questions on whether the Department of Industries & Commerce has any plans to clear the bills and take over the work order against Avangkhu (IBTC) Phek, 2008-2009. In reply, Chief Minister, Niephiu Rio said that the progress is slow because of the distance and therefore, activities are not in full swing but with a full support from the Government, entrepreneurs and local groups of Myanmar, the road will be connected soon and assured to pursue the work and continue to develop a trade centre.
Replying to MLA Yitachu with regard to GPS under Meluri Sub-division, Advisor, School Education, K. Tokugha Sukhalu said that there are 22 GPS under SDEO Meluri with a total strength of 111 teachers. The Department of School Education is in the process of meeting the inadequacy through redeployment or through recruitment, to improve the quality of education.
Replying to the starred question raised by MLA Yitachu, Leader of the House & Chief Minister, Neiphiu Rio who is also the Minister in-charge of Finance, replied that there are 28 RD blocks which are functioning without banks, and added that the Government is in the process of negotiating with the various banking institutions to establish the banking facility at the RD block level which are functioning without banks. Rio informed that opening of bank is monitored and reviewed through the State Level Banker's Committee (SLBC) chaired by the Chief Secretary with important departments of the State Government. He mentioned that opening of bank branches however depends entirely on the assignment and decision of the respective banks. The State Government along with the State Level Banker's Committee has been reviewing the matter and emphasizing on the need to open the branches by the allotted bank expeditiously. Joining the discussion, MLA Y. Vikheho Swu highlighted the difficulties of the sub-division in the banking sector. He cited the example of Pughoboto sub-division which was opened in 1984 but till now, salary disbursement and other government bills are not entertained for which he requested the Leader of the House to look into the difficulties face by the people.
Commissioner & Secretary, NLA, P. J. Antony reported the assent of Governor of Nagaland to the Nagaland Fiscal Responsibility and Budget Management (Amendment) Bill 2021.
Chief Minister, Nagaland and Chairman of the Select Committee, Neiphiu Rio laid a copy of the Report of the Application of the SARFAESI Act 2002 to Nagaland. Minister, Soil & Water Conservation and Geology & Mining laid a copy of the Annual Report 2018-2019 of the Nagaland State Mineral Development Corporation Limited.
Chief Minister Neiphiu Rio moved the following Government Bills:
1. The Nagaland Fiscal Responsibility and Budget Management (Fourth Amendment) Bill, 2021.
2. The Nagaland Goods and Services Tax (Fifth Amendment) Bill, 2021.
3. The Nagaland Lokayukta (Second Amendment) Bill, 2021. V
PRESENTATION OF ASSEMBLY COMMITEE REPORTS:
1. Y. Vikheho Swu, Chairman of the Committee on Government Assurances (2021-2022) presented a copy each of the following:
-100th Report of the Committee on Government Assurances (4th session of the 13th Nagaland Legislative Assembly) and 101st Report of the Committee on Government Assurances (3rd session of the 13th Nagaland Legislative Assembly.
2. Dr. Chotisuh Sazo, Chairman of the Committee on Subordinate Legislation (2021-2022) presented a copy each of the following:
- 71st Report on the Rules for Regulating the Procedure for Deputation and Absorption of the Central and State Officers, including officers from Autonomous bodies and their service conditions under the Government of Nagaland, 2016
- 72nd Report on Action taken by the Government on the 63rd Report on the Nagaland State Biological Diversity Rules, 2012
- 73rd Report on the Nagaland Pharmacist Service Rules, 2018, 74th Report on Action taken by the Government on the 68th Report on the Nagaland Rights of Persons with Disabilities Rules, 2019
- 75th Report on Action taken by the Government on the 65th Report on the Nagaland Government Printing Press (Technical) Service Rules, 2015.
3. Zhaleo Rio, Chairman of the Committee on Estimates (2021-2022) presented a copy each of the following:
-144th Report on the Examination of the Estimates of the Tourism Department (Hornbill Festival)
-145th Report in the Examination of the Estimates of the Fisheries & Aquatic Resources Department (RKVY)
-146th Report on the Examination of the Estimates of the Labour Department,147th Report on the Examination of the Estimates of the Cooperation.
INTRODUCTION OF GOVERNMENT RESOLUTIONS:
1. Resolution on the Transplantation of Human Organ Act 1994 and Transplantation of Human Organ Act (Amendment), 2011:
Minister for Health & Family Welfare, Pangnyu Phom introduced the following resolution:
Parliament had enacted the Transplantation of Human Organ Act, 1994 (No. 42 of 1994), hereafter referred to as the 1994 Act, with the aim to provide for the regulations of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs connected therewith or incidental thereto by making inter- alia the following provisions; setting up authority for removal of human organs, regulations and registration of hospitals involved in removal, storage or transplantation of human organs and offences and penalties for contravention of the Act.
The transplantation of Human Organ (Amendment) Act, 2011 was enacted with the aim to curb commercial trade in human organs while facilitating organ transplantation for needy patients by making inter-alia the following provisions:
- Regulate the transplantation of tissues also if the human body;
- Expansion of the definition of near relative in order to include the grandfather, grandmother and granddaughter as near relative;
- making it mandatory for a registered medical practitioner to ask the patient or near relative of every person admitted to the ICU.
- The hospital to inform in writing to the Human Organ Retrieval Centre for removal, storage or transplantation or transportation of human rights or tissues or both of the donor;
- Appointment of a transplant coordination in all hospitals registered for organ retrieval and transplantation;
- Regulation of the transplantation of organs for foreign nationals, to prevent the exploitation of minors and mentally challenged person and to provide for swap donations of organs.
- Establishment of a National Human Organs and Tissues Removal and storage network;
- Development and maintenance of a national registry of the recipients of human organs and transplants;
- Enhancements of the penalities provided under the Act.
Therefore, in exercise of the powers conferred by Clause (1) of Article 252 of the Constitution of India, the August House resolves that the Transplantation of Human Organ Act 1994 (No. 42 of 1994) along with Transplantation of Human Organs (Amendment) Act, 2011 (No.16 of 2011) shall be adopted in the State of Nagaland.
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) empowers banks and financing institutions to take possession of the mortgaged assets against default in repayment of loan and realise their money by selling the secured assets without the intervention of Courts. Article 371 A(I)(a)(iv) of the Constitution of India provides that no Act of Parliament in respect of ownership and transfer of land and its resources shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.
The provisions of SARFAESI Act, 2002 cannot override any provision of the Constitution of India. The tenor of Article 371A of the Constitution of India will apply at the stage when the Banks/Financial Institutions would make an attempt to transfer the ownership of the property through the process of auction. Therefore, the Banks/Financial Institutions are obligated to respect and follow the mandatory constitutional protection (Article 371 A (I)(a)(iv)) to ensure that the ownership of Security Interest is transferred, following the procedures laid down in the SARFAESI Act 2002 read with the Nagaland Land & Revenue Regulations (Amendment) Act 2002 and other applicable Acts of Nagaland, only in favour of an indigenous person and none else.
Now, therefore, keeping in view the above position, with a view to provide clarity to the implementing agencies, the Nagaland Legislative Assembly passed the Resolution for implementing the SARFAESI Act, 2002 in Nagaland.
(Mhonlumi, Temjenka, Tovikali)
