The Second Session of the 14th Nagaland Legislative Assembly commenced at the Nagaland Legislative Assembly Secretariat, Kohima on 11th September 2023.
NLA PAYS TRIBUTE TO LT. NOKE WANGNAO AND LT. MANWAI AWANG
Members of the 14th Nagaland Legislative Assembly paid tribute to Late Noke Wangnao and Late Manwai Awang on the first day of the Second Session of the 14th Nagaland Legislative Assembly. Chief Minister, Neiphiu Rio made the obituary reference to the passing away of Late Noke Wangnao and Speaker, NLA, Sharingain Longkumer made the obituary references to the passing away of Late Noke Wangnao and Late Manwai Awang. The Members also observed a minute of silence for the departed souls.
Late Noke Wangnao, a former Minister and sitting member of the 14th Nagaland Legislative Assembly, expired on 28th August 2023 and Late Manwai Awang, former member the Nagaland Legislative Assembly, expired on 7th July 2023.
MEMBERS DISCUSS ON UNIFORM CIVIL CODE
Initiating the Discussion on Matters of Urgent Public Importance pertaining to Uniform Civil Code, MLA & Leader of NPF Legislature Party, Kuzholuzo Nienu thanked the Leader of the House and the members of the 14th NLA for coming all out against the UCC. He opined that there are two important issues surrounding UCC- Rights and equality of citizens on the one hand and on the other, national integration. He said that any attempt to force it on the diverse communities across the country will be futile and counterproductive and that it will be a direct threat, to the fabric of a communitarian tribal ethos and values. He added that imposing Uniform Civil Code is betraying the hope and trust of the minorities, especially the tribal communities, for whom constitutional provisions, like article 371(A), has been provided to protect and promote the customs, values and practices. Though Amit Shah, the Home Minister has given verbal assurance to Nagaland Chief Minister and his cabinet ministers, Nienu urged the August House not to rely on verbal assurances, and called upon the August House to pass a resolution exempting the bill in toto.
Minister, Power and Parliamentary Affairs, KG Kenye stated that Article 371(A) was left unused for the past few decades and has been in the lime light only a few years back. He said that Article 371(A) of the Constitution safeguards social and religious practices and provides constitutional guarantee.
Taking part in the Discussion on Matters of Urgent Public Importance, MLA, Dr. Sukhato called upon the members of the August House to protect and defend the State and its resources. He also urged the members to support the Government so that the Uniform Civil Code does not apply to the state of Nagaland.
Advisor, Imkong L. Imchen, who engaged in the discussion highlighted that the implementation of UCC carries implications that could potentially lead to inconvenience for the people. Imkong further noted that the verbal assurance from the Home Minister of India, exempting Nagaland from the UCC, was greatly appreciated. Also, he commended the timely decision taken by the Nagaland cabinet concerning this issue.
MLA, Nuklutoshi, participating in the discussion regarding the Uniform Civil Code (UCC), expressed concerns about its potential impact. He contended that the UCC could be seen as a violation of the 16-Point Agreement that led to the creation of the state. Additionally, he asserted that the UCC might infringe upon Article 371(A). Nuklutoshi emphasized the importance of the role of people's representatives in advocating for the interests and concerns of the public. He stressed that as representatives, they should vigorously defend the voices and rights of the people they serve.
MLA, Achumbemo Kikon said that the uniform civil code governs matters including marriage & divorce, succession & inheritance, adoption including other personal laws, though it is not enforceable in the court of laws. Therefore, UCC should not come to our land for whosoever reasons, he stated. MLA, Dr. Neisato Mero, said the idea of uniform civil code is one nation one vote. It is also a threat to our social, religion, customary laws, and direct indulgence to our personal laws besides contradicting Article 371 (A), he added. MLA, Jwenga Seb, said UCC would have negative implications on our personal laws and traditions though its protection is clearly incorporated in the constitution of India. Therefore, UCC be exempted for the state of Nagaland by passing a resolution in the NLA.
Advisor, Labour, Employment Skill Development and Excise, Moatoshi Longkumer, who participated in the debate, said that the state government should oppose the introduction of UCC as it not only overshadows the tenet of regulation but it also threatens the pluralistic society. As such, he opened that a resolution be passed to oppose the introduction of UCC by the NLA. Advisor, KT Sukhalu and MLA, Er. Picto also took part in the discussion and in support for exemption of the Uniform Civil Code.
Chief Minister & Leader of the House, Neiphiu Rio in his concluding remarks on thanked everyone for the productive debate, offering different views and opinions.
He said the Cabinet had discussed and deliberated the issue of UCC at length and brought the matter to the Assembly for thorough discussion and deliberation after which a consensus has been arrived to pass a resolution for its exemption in the case of Nagaland by the Nagaland Legislative Assembly. Rio termed the UCC as single law which deals with all matters relating to marriage and divorce succession and inheritance, adoption including personal laws and practices. He also mentioned that the UCC should be exempted for the state of Nagaland on the ground of:-
- BEFR Act 1873
- 9-Point Agreement 1947
- 16-Point Agreement 1960
FOREST CONSERVATION ACT DELIBERATED
The August House also discussed on Matters of Urgent Public Importance pertaining to the Forest Conservation Act on the first day of the second day of the 14th Nagaland Legislative Assembly.
K. G. Kenye, actively engaging in the discussion concerning the Forest Conservation Act of 2023, articulated his perspective. He stressed that the primary purpose of the Act is the preservation of forests and that it holds particular significance for the welfare of tribal communities and those residing along international borders. Kenye emphasized the importance of directing focus and attention towards the stance of the central government regarding the Act. Furthermore, he pointed out that Article 371(A) serves as a protective measure for the Naga community. In conclusion, he urged the house to unite in passing a resolution unanimously, advocating for the exemption of the Act in the context of Nagaland.
Minister, Higher Education and Tourism, Temjen Imna Along who participated in the Authority debate sought for exemption of the State from the Act by passing a resolution in the Nagaland Legislative Assembly. MLA, Achumbemo Kikon said that the act would not affect our land and its resources, but also the villages bordering the international boundaries.
Advisor, Agriculture, Mhathung Yanthan mentioned about the importance of Compensatory Afforestation Fund Management and Planning (CAMPA), wherein, there is a provision for compensation on the properties damaged or destroyed such as land, forest and its resources.
Minister, G. Kaito Aye and MLA, Jwenga Seb also participated in the discussion and extended their support for exemption of the Forest Conservation Act, 2023 in the state of Nagaland.
Participating on the Forest Conservation Amendment Act 2023, MLA, Dr. Sukhato stated the Act should be applied only to Government reserved forest, wildlife sanctuaries, and National Parks, which covers around 5% of the state’s geographical area. He also said that the forest owned by private individuals and communities measuring approximately 95% should not come under the purview of the Act.
MLA, Nyamnyei Konyak, opined that the Act should be exempted for the state of Nagaland as the State is being protected by 371 (A) in the constitution of India, He also reiterated that a resolution be passed by the NLA in the form of a written document for posterity.
MLA, Dr. Neisato Mero said the Forest Conservation Amendment Act 2023 would jeopardize and undermine the landowners of the Nagas though protected by Article 371 (A). After passing the Act, it would be a threat to the Nagas as they depend mostly on forest products such as flora and fauna for livelihood. He also said that if FCA is enacted, it may affect the economy of certain percentage of people. Therefore, he also opined that a resolution be passed by NLA for the exemption of the state from the Act.
MLA, Kuzholuzo Nienu said that it is important for discussion on the issue of FCA for protection of social, culture and traditions, identity, natural resources for the future generation. He also said that it is a direct threat to our history and this act instead of preserving the forest, it will become more vulnerable to further damages. He appealed to all the members to act on it and pass a resolution in support for exemption of FCA.
Leader of the House & Chief Minister, Neiphiu Rio in his concluding remarks said that the Nagaland Legislative Assembly would pass a resolution on the matter as discussed and suggested by the members and Civil Society Organisations in the consultative meeting. He said that land and its resources belong to the people in the case of Nagaland. However, Rio also said that the state government as well as the people of Nagaland should coorperate with the central government if the acquisition of land is for develoment or security related matters.
Rio also mentioned the importance and necessity to have proper legislation on Compensatory Afforestation Fund Management and Planning as it provides compensation to property loss or damaged while making development.
STARRED QUESTIONS
Minister for Power and Parliamentary Affairs, K.G. Kenye in his reply to the starred questions raised by Neiba Konyak, MLA, stated that there was no power line connectivity from Sangsangyu, Tuensang District to Tobu, Mon District at the moment. He informed that the Department would propose for inclusion of the 33kV line from Sangsangyu, Tuensang District to Tobu, Mon District with a sub-station at Tobu in the next financial Year 2024-25 under State Plan.
MLA, Achumbemo inquired on areas in Nagaland under the ambit of AFSPA to which Deputy Chief Minister & Minister in-charge of Home, Y. Patton informed that 18 Police Stations in the State do not fall under the purview of AFSPA. On the work progress of construction of Ethung Post under Bhandari sub-station, Patton stated that the work is in good progress and is expected to be completed by March 2024. He also informed that there was no proposal to upgrade the Merapani Border Magistrate.
On the ILPs issued, Patton stated that with effect from 1st January 2023 till date, there were 6,899 new ILPs; 13,782 renewed IPLs and 10,587 ILPs to tourists.
Replying to the starred question raised by MLA Naiba Konyak, Minister Metsubo Jamir informed that the total amount received from GoI under Samagra Programme for the year 2021-2022 and 2022-23 was Rs. 13,734.16 lakh and Rs. 28,104.49 lakh respectively.
On the query raised by MLA, Achumbemo Kikon, Minister for PHE, Jacob Zhimomi informed that there are 86 villages being implemented under Jal Jeevan Mission (JJM) at 40 Bhandari Assembly Constituency. He also informed that urban areas are not covered under Jal Jeevan Mission.
Kuzholuzo Nienu, MLA raised issues relating to Nagaland State Lotteries to which Chief Minister, Neiphiu Rio replied that there were no cases registered against the authorized dealers associated with Nagaland State Lotteries, however, there have been instances where FIRs have been registered against individuals involved in selling fake/ duplicate tickets of Nagaland State Lotteries. He also said that there has been no case investigated against Nagaland State Lotteries by the central agencies. Rio added that there was no known case of evasion of GST as alleged and that C&AG regularly conducts audit.
UNSTARRED QUESTIONS
MLA, Kuzholuzo Nienu raised an unstarred question on the number of Assistant Sub-Inspector (ASI) under DEF Nagaland to which Deputy Chief Minister & Minister in-charge of Home, Y. Patton informed that the sanctioned strength of ASI posts under DEF Nagaland is 352. He also informed that the criteria for ASI promotion to the next rank of Sub-Inspector (SI) is 50% by direct recruitment and 50% by promotion of the available vacancy at a time.
Replying to a query by Er. Picto Shohe, it was informed that there are 60 Child Development Project Officer offices in the State.
On the unstarred question raised by MLA, C. Kipili Sangtam with regard to schemes under Kiphire Aspirational district, it was informed that a total project cost of Rs. 3,816.64 lakh has been allocated from various funding agencies in Aspirational district, Kiphire as under:
i. NITI Aayog: Rs. 1,905.31 lakh
ii. Ministry of Skill development & North Eastern Council (NEC): Rs. 552.76 lakh
iii. Government of Nagaland: Rs. 100.00 lakh
iv. Corporate Social Responsibility (CSR): Rs. 958.57 lakh
v. Tribal affairs (Article 275(1)): Rs. 300.00 lakh
From 2018 till date, an amount of Rs. 2701.22 lakh has been sanctioned.
REPORTING ON ASSENT TO BILLS
Secretary-in-Charge, Nagaland Legislative Assembly Secretariat, Khruohituonuo Rio reported the assent of the Governor of Nagaland to the following Bills:
i) THE NAGALAND MUNICIPAL ACT 2001 (REPEAL BILL, 2023).
ii) THE NAGALAND FIRE AND EMERGENCY SERVICES BILL- 2021.
iii) THE NAGALAND GOODS AND SERVICES TAX (SIXTH AMENDMENT) BILL, 2022.
iv) THE NAGALAND APPROPRIATION BILL (NO.1), 2023.
v) THE NAGALAND APPROPRIATION BILL (NO.2), 2023.
INTRODUCTION OF GOVERNMENT RESOLUTIONS
Leader of the House & Chief Minister, Neiphiu Rio moved the resolution to repeal ‘The Employment of Manual Scavengers & Construction of Dry Latrines (Prohibition), Act, 1993’. The House unanimously resolved to repeal the 'The Employment of Manual Scavengers & Construction of Dry Latrines (Prohibition), Act, 1993' so that the State Government may further take action for the adoption of the new Act i.e. 'The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013'.
Chief Minister, Neiphiu Rio also moved the Resolution to adopt the 'The Protection of Children from Sexual Offences (POCSO), Amendment Act, 2019' and the 'The Protection of Children from Sexual Offences (POCSO), Rules 2020’ and the House unanimously resolved to adopt it.
INTRODUCTION OF GOVERNMENT BILLS
Minister, P. Paiwang Konyak moved and introduced ‘The Nagaland Motor Vehicles Taxation (Amendment) Bill, 2023’ and ‘The Nagaland Passengers & Goods Taxation (Amendment) Bill, 2023’.
Minister for Higher Education, Temjen Imna Along moved and introduced the ‘North East Christian University (Second Amendment) Bill, 2023’.
LAYING OF REPORTS/RULES
Minister, Parliamentary Affairs, K. G. Kenye, laid the Fifth Report of the Rules Committee while Advisor & Chairman of the Committee on Public Undertakings, Imkong L. Imchen laid a copy of the Internal Working rules of the Committee on Public Undertaking (First Amendment) 2023.
PRESENTATION OF ASSEMBLY COMMITTEE REPORTS
Chairman of the Estimates Committee (2023-2024), K. Tokugha Sukhalu presented the following Reports on the floor of the House:
i. 148th Report on Action Taken on the Observations/ Recommendations contained in the 144th Report of the Committee on Estimates pertaining to the Tourism Department (Hornbill Festival).
ii. 149th Report on Action Taken on the Observations/Recommendations contained in the 147th Report of the Committee on Estimates pertaining to the Cooperation Department.
iii. 150th Report on Action Taken on the Observations/Recommendations contained in the 146th Report of the Committee on Estimates pertaining to the Labour Department.
iv. 151st Report on Action Taken on the Observations/Recommendations contained in the 145th Report of the Committee on Estimates pertaining to the Fisheries & Aquatic Resources Department (RKVY).
v.156th Report on Action Taken on the Observations/Recommendations contained in the 152nd Report of the Committee on Estimates pertaining to the Nagaland Bee-Keeping & Honey Mission (NBHM).
vi. 157th Report on Action Taken Report on the Observations/Recommendations contained in the 153rd Report of the Committee on Estimates pertaining to the Municipal Affairs Department.
vii. 158th Report on Action Taken Report on the Observations/Recommendations contained in the 154th Report of the Committee on Estimates pertaining to the Nagaland Bamboo Development Agency (NBDA).
viii. 159th Report on Action Taken Report on the Observations/Recommendations contained in the 155th Report of the Committee on Estimates pertaining to the Food & Civil Supplies Department (F&CS).
Chairman of the Committee on Public Undertakings (2023-2024), Imkong L. Imchen, presented the following Reports:
i. 123rd Report on Action Taken by the Government on the Observations and Recommendations contained in the 111th Report of the Committee on Public Undertakings on the Examination of the Report of the Comptroller & Auditor General of India for the Year 2016-17 pertaining to the Nagaland Hotels Limited (NHL) under the Department of Industries & Commerce, Government of Nagaland.
ii.124th Report on Action Taken by the on the Observations and Recommendations contained in the 117th Report of the Committee on Public Undertakings on the Examination of the Report of the Comptroller & Auditor General of India for the Year 2017-18 pertaining to the Nagaland Hotels Limited (NHL) under the Department of Industries & Commerce, Government of Nagaland.
iii. 125th Report on Action taken by the Government on the Observations and Recommendations contained in the 94th Report of the Committee on Public Undertakings on the Examination of the Report of the Comptroller & Auditor General of India for the year 2013-2014 pertaining to the Nagaland Industrial Development Corporation (NIDC) under the Department of Industries & Commerce, Government of Nagaland.
iv. 126th Report on Action taken by the Government on the Observations and Recommendations contained in the 95th Report of the Committee on Public Undertakings on the Examination of the Report of the Comptroller & Auditor General of India for the year 2014-2015 pertaining to the Nagaland Industrial Development Corporation (NIDC) under the Department of Industries & Commerce, Government of Nagaland.
v.127th Report on Action taken by the Government on the Observations and Recommendations contained in the 99th Report of the Committee on Public Undertakings on the Examination of the Report of the Comptroller & Auditor General of India for the year 2015-2016 pertaining to the Nagaland Industrial Development Corporation (NIDC) under the Department of Industries & Commerce, Government of Nagaland.
vi.128th Report on Action taken by the Government on the Observations and Recommendations contained in the 110th Report of the Committee on Public Undertakings on the Examination of the Report of the Comptroller & Auditor General of India for the year 2016-2017 pertaining to the Nagaland Industrial Development Corporation (NIDC) under the Department of Industries & Commerce, Government of Nagaland.
(Nongozo, Wepre, Avika & Kazihito)
