EXTRAORDINARY PUBLISHED BY AUTHORITY हे के Tmphal, Sawurday, March उड़ उठाया (Chaitra 8,1936) GOVERNMENT OF MANIPUR , SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATION Imphal, the 27 March, 2014 No. 2/12/2014-Leg/l: The following Act of the Legisiature, Manipur which received assent of the Governor of Manipur on 25-03-2014 is hereby published in the official Gazette THE MANTPUR STATE COMMISSION FOR THE SCHEDULED TRIBES ACT, 2014 {Manipur Act No. 5 of 2014} Adt Act to provide for constitution of the Manipur State Commission for the Scheduted Tribes and to provide for ratiers cannected therewith or incidental thereta Be it enacted by the Legislature of Manipur in the Sixty-fifibh Year of the Republic of India as follows CHAPTER-! PRELIMINARY Short fitle and commencement.-(1) This Act mray be called the Manipur State Commission Tor the Scheduled Tribes Act, 2014 (2) #t shall extend to the whole of the Siate of Manipur, (3) it shall come irmo force on such date as the State Govemment may, by notification in the official Gazette, appoint - 2. Definitions.-in this Act, untess the context otherwise requires,- (&) “Chairperson” means the Chairperson of the Man.ipur State Commission for t"h'e Scheduled Tribes; "
{b) “Commission” means the Manipur State Commission for the Scheduled Tribes constituted under section 3; {c) "Member' means a Member of the Commission; <) “prescribed” means prescribed by rules made under this Act; (¢) “"Scheduled Tribes” means the Scheduled Tribes as notified for the State of Manipur by the President under article 342 of the Constitution of india. I CHAPTER-I State Commission for the Scheduled Tribes N 3. Constitution of the Manipur State Commission for the Scheduled Tribes.«1) The State Govemment shall constitute a body to be called as the Manipur Commission for the Sciieduled Tribes 109 exercise the powers and to perform the - functions assigried to it by or under this Act with its headquarters at imphal . (2) The Commission shall consist of the following Meembers, namely- (@) a Chairperson to be nominated by the State Govemnment from amongst the Scheduled Tribes having special knowledge in matier relating tribat affairs; . . {b). itwo Members to be nominated by the State Gavernment from amongst the Scheduled Tribes naving special knowiledge in matters relafing to-tribal affairs; ' ' {cy The Principal Secretary/Corumissioner (Tribal Affairs and Hills) १9 the Govermment of Manipur shall be the ex-officio Member Secretary of the Commission. v _ 4. Term of office and conditions of service of the Chairperson and Members.-(1) The .Chairperson and every Member except the ex-afficio Member. shall hold office for a term of »three, years from the date he assumes his office. : ' (2)The Chairpersen of a Member of the Commission may, at any time by writing under his hand addressed to the State Government, resign his offica. (3) The State Goewernment shall remove the Chairperson or a Member, as the case . may be, from his office, if he- {a) becomes an un-discharged insolvent; or {(b) s convicted and sentenced to imprisonment for an. offence which, in the opinion of the State Governmert, involves moral turpitudé; or
3 {¢). becomes of unsound mind .and stands’ sc deciared by a cornpetent. . court, or . . . o td) refuses to act or béecomes in@pab"he‘ of acting;. or (&) without obtaining leave of absence from the Cormmission, absents himself from fhree consecutive meetings of the Commission; or : ().has in the apirdon of the State Govermnment $0 abused the pasition of the Chaifrperson or Member as o render that his continuanece in office is detrimental to the interest of the Scheduled Tribes: ‘ . Provided that no’removal under this clause shall be made urfess he . has bee.-n' given an opporiunity of being heard in the matter, - ‘(4) - Everyvacancy to the office of the Chmirperson or 2 Merhber, as the case may be, shall be fitled by fresh nomination, ' . ) (’5/) The sataries and allowanees and the terms and conditions of service of the Chairperson and the Members shall be such as may be prescribed. .S. Staff of the Commission.- The State Gavernment shall make availatie 1o the Commmission with such officers and empioyees as may be required for an efficient functioning of the Cormmission-under this Act. - 8. Vacancies efc., not to invalidate préceedings of the Commission. - No act or proceedings of The Cornmission shall be guestioned . or invalidated merely on the _ngrou'_nd" of the exdstence of any vacancy in. fhe office of- mermbership of the Commission or defect in the consfitution of the Commission. : 7. Procedure to be reguiated by the Commission.-{1) The Cammission shall meet as and when recessary at such fme and at such places as the Chairperson may think fit. ' . . : (2) The Comm.ission shall have power to regulate s own procedure. (3 All orders and decisions of, the Commission shall be authenticated by the Member Secretary or any other officer of the Commission duly authorised by the Member Seeretary in this beha#: o . . CHAPTER-H FUNCT}ONS'*_AN_D POWERS OF THE COMMISSION 8. Functions of the Comrhission.- The functions of the Comenission shall be as follows, - ) (@) to investigate and exanting the worndng of various safeguards orovided in the Constitution of India or under any other law for the time being in
4 . Torce or under any order of the Gowernment for the weifare and protectior of the Scheduled Tribes of Manipur and; {b) to mnguire into speciHic cormplainis with respect to the deprivation of rights and safeguard of the Seheduled Tribes of Manipur and to take up such matter with the appropriate authorities {c) to p.arb"cz_‘pat.e_and advise on the planning process of socio ecomomic developrment of the Scheduled Tribes and to evaluate the progress of their ‘develcpment in the State; (d) to make recommendations as 1o the measures that should be taken up by the State for the effective implerhentation of safeqards and other measures fer the proteclion, welfare and socio sconomic development of the Scheduled Tobes and to make report to the State Govemnment annuatlly and at such other time as the Commission may deem fit; ) (e) to discharge such other functions in reiation to the Scheduted Tribes as v required under any kaw made by the State Legislature or Parliament;’ () The Commission would aiso make the following recommendations to the State Govemment- (8) measures that need 1o pe laken over conferming ownership rights. in respect of minor forest praduce to the Scheduled Tribes living in forest areas - (b) measures 0 be taken to safeguard rights of the tribal commumities over minesal resources, water resources etc. as per law; {c) measures to be taken for the development of Tobals and to work for more viable livelinood strategies दी) measures © be taien to improve the eflicacy of relief and rehabifitation measuras for tibal groups displaced by developmnent projects. e () measures to be taken to pravent alienation of trikal people from land and o effectively rehabilitate such people in whose case alfenaton has already taken place (9 rmessures to be taken to elick maximum ecooperation and invoiverment of Tribal Communiiies for protecting forests and undertaking sccial afforestation;
5 (@) any other matiers that the Commission feels is of utmost importance for the iribal community ए .the State in matters of pratecting and preserving their tribal identity and values Provided that the Coramission shall have no jurisdiction on any matter dealt with by the National Commission for the Scheduled Fribes established under Article 338A of the Constitution of [hdia 9. Laying of R-'eport -The State Government shall cause the recommendations of the Commission to be laid before the State Legisiature with a memorandum expiaining actiont taken or proposed to be taken on such recommendations and the reasons. i any, for non-acceptance of the recommendations 10. Powers of Commission.- The Commission shall, while performing any function under séction 8, have the powers of a civil court in trying a suit and in particular in respect of the following matters, namely- {a) summening and enforcing the attendance of any person from any part of the State and examining him on gcath (b) requiring the discovery and production of any document; {c) receiving evidence on affidavits, {d) requisiioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of withesses and docurments; and (f) any gther matter which may be preseribed CHAPTER — IV FINANCE, ACCOUNTS AND AUDIT 11. Grants by the State Government.-(1) The State Gowvernment shall, after due appropriation made by e Slate legislature by law in this behaf, make to the Commission by way of grants such sums of money as the State Gevemment may think fit for being utllised. fer the purpeses of this Act (2) All administrative expenses of the Commission including the salares and allowances payable ic the Chairpersan, the Members and the officers and - employees of the Commission shall be paid out of the grants paid to the Cammissicn byihe State Government. :
6 (3) The Commission may spend such sums. dut of the grants as it thinks fit for perfarming the functions under this Act, and such sums shail be tredted as expenditure payable out of the grants referred to in sub-seectian(1). 12. Budget.- Tne Commission shail prepare, in such form and on such date, as may pe prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Commission and s»hafl forward it to the State Goverriment. 13. Accounts and Audit.- (1) The Commission shall maintain proper accounts and other relevant records in such manner as may be prescribed by the State Govemnment in consultation with the Accountant General, Manipur. {2} The accounts of the Commission s'h.all be audited annually by the Accountant General, Mahipur at such intervals as may be specified by him. The expenditure incurred on such audit shall paid by the Cornmission. - (3) The Commission shall prepare an anrual statement of accounts, in such form and at such time in a financial year as may be prescribed by the State Govemnrment in consuliation with the Accountant General, Manipur. ' 4} The Accountant General, Manipur and any person gppeinted by him in connecion with the audit of the accounis of the Cormission under this Act shall have the same rights, privileges and autherity in conpection with ‘such audit, as the Accountant General, Manipur has, in connectien with the audit of the State Geovermnment accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers. and other documerds and papers and to inspect of the office of the Commission. ‘ (6) The accounts of the Commission, as certified by the Accountart General, Manipur or any other person appointed by him in this behalf, together with the audit report thergon, shall be forwarded annually to the State Go_v_e'm‘m_ent' and the State Government shall cause the same to be laid before the House of State Legislature. CHAPTER -V MISCELLANEOUS 14. Chairperson, Members and employees of the Commission ta be public servants.- - The Chairperson, Members and officers and empioyees of the Commission shall be deemed to be public servanis within the meaning of section 21 of the Indian Penal Code {Central Act 45 of 1860) ः ! 15. Power to make rules.- (1) The State Government कारक, after its previous publication by netification in the official Gazette, make rules for the purpases of carrying ©ut the provisions of this Act.
7 (2) In particular, and without prejudice to the generalily of the foregoing provisions such rules may provide for all or any of the following matiers, namely:- {a) saiaries and allowances payable to and the terms and conditions of service of the Chairperson and 1o Members under sub-section{8) of section 4; ‘ (b} the form in which the annual statement of accounts shall be prepared under sub-sections {2) and (3} of section 13; v (c) any other matter which is required to be, or may be, specified under this Act. A (3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session, for a total peried of thirty days, which may be comprised in one session or in two or more successive sessions, and ¥, before the expiry of the .session immediatety following the successive session aforesaid, the House agrees that in making modification. in the rule or that the rule should not be made, the rule shall thereafter have effect on-.iy-f in such modified form or be of no effect, as e case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ' ! 16. Power to remove difficulties.-(1) if any difficulty arises in giving effect to the provisiens of this Act, the State Government may, by order, pub.h'she'd in the official Gazetle, maks such provisions not incopsistent with the provisions of this Act, as appear to be necessary for removing the difficuity: Provided that no such arder shafl be made after the expiry of a period of two years from the date of cemmencement of this Act. (2) Every order made under this section shall be kaid, as scon as may be after it is made, before the Hause of the State Legisiature. TH. KAMINI KUMAR SINGH, : : Joint Secretary (Law), ' Government of Manipur. Printed at the Directorate of Printing & Stationery, Govt. o-f‘_—_‘_—’—_————__——_——_———_—-_———————__——— Manipuz/305-C/29-3-2014.