DIMAPUR, MAY 6 (MExN): Responding to the clarification issued by the Dimapur Municipal Council (DMC) that the reported tax being collected comes under the Nagaland Municipal Act 2001, the Naga Council has argued that “no law is sacrosanct including sections 120 (1) C and 175 (1) (2) & (3) of Nagaland Municipal Act 2001 under which DMC taxation is legitimized”. This was stated in a press note issued by Vikato Zhimomi, Vice-President (Admn) and Joel Nillo Kath, Finance Secretary Naga Council.
Pointing out that during the course of institution-building, there are any numbers of “good laws” and “bad laws” operating within the system, the Naga Council has therefore stated that “laws, such as the mentioned sections are obviously unjustifiable as it burdens the common people and should be either amended or struck down even if its enactment may be legally justified”. For example, the Naga Council pointed out that the Armed Forces (Special Powers) Act may be legally justifiable but is a “bad law” as it is not morally or humanely tenable and therefore should be repealed.
Pointing to the argument, a sand or brick laden truck is issued two challans at the same time as it enters DMC jurisdiction, once under Vehicle Entry category- irrespective of whether it is loaded or not- and another under Heavy Vehicle category for carrying sand, bricks or boulders. “In personal terms, this is akin to imprisoning a person twice for the same offence which is not justifiable under any circumstances”, the Naga Council stated.
As such it stated that no amount of justification quoting this and that section can undo the fact that Naga consumers are the most taxed people in India. Stating that both Naga Council and DMC are concerned with the welfare of Dimapurians and being responsible organizations, it stated that transparency should be the mantra. “In order to justify its formation, DMC is requested to maintain outmost transparency and overhaul its entire “taxation” system. As the top civic body, DMC is expected to look after sanitation, sewage, traffic problems, parking and related issues”.
The Naga Council also stated that to the utter dismay of citizens, it was found that most people/councillors/Advisors are interested in being DMC members only in order to gain access to the numerous taxes which can be levied by the civic body. “If the misconception of DMC as a ‘resource-rich body’ is not done away with through rigorous overhaul of its taxation system including amendments in Nagaland Municipal Act 2001, Dimapurians cannot expect any councillors/advisors to take care of our city even in years to come”, the Naga Council stated.
In this regard while stating that the Naga Council did not wish to engage in public squabble, however in public interest the Naga Council has asked DMC if the parking-tax pattern for auto-rickshaws in Dimapur town is also justified under sections 120 (1) C and 175 (1) (2) & (3)? “Accordingly, DMC, in time-tested Naga tradition has evolved a very ingenious system to tax three-wheeler auto-rickshaws”.
The Naga Council disclosed that DMC purportedly issues a “Town Area” auto-rickshaw parking tax of Rs. 10 per auto meant to cover the whole DMC jurisdiction for one day. However, in practice, auto drivers are taxed by DMC ‘boys’ at 4 to 5 points such as, New Market, GS Road, Super Market, New field Check Gate, etc, it stated. Also, a “Night” parking tax of Rs. 10 apart from usual ‘day’ tax is again levied on autos wishing to ply from railway station. According to the Naga Council, this is over and above the numerous Owners, Drivers association tax- including again day and night tax- where the poor driver is forced to shell out approx. Rs. 100 as tax per day. “In such a scenario, it’s the poor passengers who are forced to bear the extra burden”, the Naga Council explained.
