Nagaland Municipal Bill 2023 referred to Select Committee
Nagaland chief minister Neiphiu Rio on Tuesday introduced the new Nagaland Municipal Bill 2023 on the second day of the ongoing session of the 14th Nagaland Legislative Assembly.
Following threadbare discussion on matters of urgent public importance under Rule-50 Urban Local Bodies elections which was initiated by K.G. Kenye minister for Power & Parliamentary Affairs, Rio said that the new Bill called, “Nagaland Municipal Act, 2023” was being tabled in accordance with the decision taken by the cabinet during its meeting on September 8, 2023.
He said the Bill will be referred to the Select Committee for further consideration.
In his speech, Rio said the Bill should be, “suitably addressing all the concerns of our people. Further, he said if the House was of the opinion that more examination and deliberations are required for the provisions in the Bill, it may be considered and referred to the Select Committee for its consideration.”
He also informed the house that the provision for 1/3rd reservation of seats in ULBs for women was present in the proposed legislation in accordance with the directions of the Supreme Court.
Rio recalled that the state government, had for last 22 years, been trying its best to resolve the issue and therefore, maintained that the government of India and the Court should acknowledge the efforts of the state government.
Taking note of the past incidents and opposition against conduct of ULB elections and also serious questions being raised about the provisions of the Nagaland Municipal Act, 2001 being in contravention of Article 371 A, Rio said the 14th Nagaland State Assembly repealed the Nagaland Municipal Act, 2001 in toto in the interest of the people, and the State during its first session, Rio said.
Despite several attempts being made to conduct the ULB polls in the past, Rio said it was futile as “the tribal bodies and the people always viewed the attempts for holding elections with suspicion and there were stiff and vehement opposition.”
He however expressed happiness that at the recent the meeting, the tribal bodies and organizations expressed their keenness to take the matter forward and conveyed their broad agreement to the provisions, in particular, for providing 1/3rd reservation of seats of women in ULBs; in the proposed legislation for Municipal governance in the State.
Rio also mentioned that the Supreme Court had examined the action of repealing the NM Act 2001, and in its last order, and highlighted the reservation for women and made known that the personal laws of Nagaland and the special status under Article 371(A) were not being touched in any manner.
He reminded that the SC had given “one last of the last opportunity to Nagaland to abide by its directions and that the case is next listed on September 26 2023”.
Earlier, initiating the discussion, minister of power and parliamentary affairs KG Kenye, said over the years successive state governments had tried to implement the Municipal Act 2001 but this had led to unprecedented situations and brought the government to a standstill.
He said the matter was taken up in the first session of the 14th NLA and was deliberated upon extensively and thoroughly. Hence, the issue was now familiar and with the opinions and suggestions of all the political parties represented by the members in House, while interactions were held through consultative meetings with tribal leaders, CSOs and all relevant stakeholders.
Kenye said the House had already repealed the principal Act of 2001 with the determination to bring out a new Municipal Act.
He expressed happiness that the department concerned and every person had put in their efforts to arrive at a consensus with the latest being on September 1, 2023 during which the House “actually” arrived at a consensus.
“Unfortunately, as you have seen, may be due to some apprehensions, some have backtracked. They have expressed opinions which differ from the opinions that were tabled on September 1. Nevertheless, since it’s majority decision, the government will not hesitate in bringing about a new Act,” Kenye stated.
Due to the inability to hold ULB polls, Kenye said the chief minister, who is the head of executive and the state advocate general were pulled up by the highest court in the country.
Kenye said the government was however glad to have stood its ground and that the Supreme Court had in its latest verdict, recognised the prominence of Article 371(A) and went a step further to assure that the customary laws of Naga people would not be infringed upon.
He said the verdict came as a request and while going through it, the court had mentioned that it was concerned for the womenfolk and wondered why an enlightened and educated society like Nagas should not be able to find a place and accommodate 33% reservation for the women?
Kenye said after 21 years, a new Bill was being introduced in the House under the leadership of Rio in which the departments concerned had tried their best to accommodate grievances of the people.
He suggested that the members register and forward their support to the repeal in toto the previous Act and welcome and support the proposed Municipal Act that was being introduced in the House by the chief minister.
State’s first-time legislators, minister of women resource development Salhotuonuo Kruse and Adviser industry & commerce Hekani Jakhalu also took part in the discussion on new Nagaland Municipal Bill 2023 vis-à-vis women reservation.
Salhotuonuo Kruse thanked the central leaders who framed the policy and also thanked the Naga Mothers Association for heralding the issue of women reservation.
Hekani Jakhalu said that women reservation was a constitutional obligation under Article 243(T) of the Constitution of India.
She said if Naga women were never allowed to take part in customary institutions of decision making, then that alone is a sufficient reason to give reservation. She also said reservation was the only reasonable means to help women participate in such platform.
Others who took part in the discussion included deputy CM Y Patton, ministers- Temjen Imna Along, and Jacob Zhimomi, advisor Zhaleo Rio and MLAs Kuzholuzo Nienu and Achumbemo Kikon.