Morung Express News
Dimapur | May 3
The State Forest department seemed to have landed in the dock after serious allegations of rampant collection of “illegal” taxes by the department officials at various Forest check gates within the state.
Senior advocate Joshua Sheqi of the law firm Joshua & Associates, representing the Nagaland Timber Trader’s Union (NTTU) in a legal notice to the Principal Chief Conservator of Forest, Department of Forest, Ecology, Environment & Wildlife, dated April 17, 2019, gave the department 30 days to remove the functions of the illegal tax collection at three check gates – Chumukedima, Peducha and Pfutsero.
The legal notice reminded of the Nagaland Government order dated June 22.06.09, disallowing collection of cash in check gates or any part of the Highway by any organization or government departments including Police, Forest, Excise and Taxes. The legal notice also mentioned the Gauhati High Court, Kohima Bench, judgement and order dated 03.06.14, which termed collection of tax in the Highways as illegal while dismissing 11 petitions.
Despite the government order dated and the High Court judgement & order, the senior advocate stated that the Department was still continuing with its illegal collection of taxes. “The action of your Department is not only illegal, but is also a criminal offence that would amount to extortion and also a contempt of Court. I have sufficient proof with me to prove the illegal actions carried out by your Department”, the legal notice to PCCF stated.
The NTTU furnished copies of the legal notice and other related representations earlier submitted by the NTTU to the state government to media persons at a press briefing on Friday.
NTTU members also showed media persons data collected by the Phek District Timber Association on illegal taxes collected by Forest officials at the three check gates from January 15, 2017 to July 9, 2018. NTTU said taxes collected from each truck at the three gates are Pfutsero (Rs. 3,000), Peducha (Rs. 3,000) and Chumekedima (Rs. 5,000), so a timber-laden truck coming from Kiphire or Phek to Dimapur has to cough up Rs. 11,000 for Forest check gates alone. According to the data, between January 15, 2017 and July 9, 2018, a total of 1116 timber-laden crossed the three check gates.
“But the taxes were being collected without issuing any TP or cash receipts. So we want to know from the Forest Department whether the taxes collected are going to the government revenue or being distributed among the Forest officials and personnel themselves”, NTTU asked. The union also alleged that till date, the department was continuing with the “illegal” taxation.
Referring to a letter by Conservator of Forest (Southern Territorial Circle) dated 25.04.20019 requesting NTTU to furnish ‘Transit Permit for transportation of timbers’ as per list provided by NTTU, the union members said the request was absurd as it is the Forest department and not NTTU which issue TPs.
Further, NTTU produced CDs of a video taken from the three check gates purportedly showing Forest officials indulging in illegal taxation.
Reiterating its demand for removing all inter-district check gates, NTTU also said the government should do away with Transit Permit (TP) for transportation of timber within the state. “As per Article 371 (A), timber traders or tree farmers have the right to cut trees in their own land and forest, we are not cutting trees in Government owned forests. The Forest department can issue TP for timber going outside the state, but they should not issue TP on timber which is for local consumption and use within the state”, NTTU members said.
Stating that the “illegal taxation” by the Forest department was just a tip of the iceberg as various agencies and other government departments are also levying illegal taxes on local businessmen and entrepreneurs struggling to make ends meet, NTTU said if such trend continues, then future of Naga society was doomed.
NTTU called upon all civil society, NGOs and conscientious Naga leaders to voice out in unison against the culture of illegal taxation.
