Dimapur, July 31 (MExN): The Government of Nagaland has squashed the “Naga commission”, a levy of a local organization in Dimapur, the Naga Council and has sought from the commissioner, Nagaland, a report on the “tax”. The Home department has sought details, including the nature of utilization of the “fund.” The state government also strongly made clear that the Naga Council is a non-governmental organization and so cannot claim to statutory exercises.
The government today took strong exception at the Deputy Commissioner of Dimapur permitting collection of the “Naga commission” and has directed the district’s administrator to revoke the permission given to the Naga Council. A copy of the order from the Home department directed the DC to also maintain Status Quo till further order from the state.
The Home department wrote to the additional chief secretary and Commissioner, Nagaland on July 29 stating of a meeting by the Home Minister of Nagaland to discuss the collection of the “Naga commission.” The order appended by Principal Secretary for Home CJ Ponraj and forward to the DC of Dimapur through Additional Commissioner, K Nzimongo Ngullie, made clear that the deputy commissioner of Dimapur be immediately directed to maintain Status Quo and keeping in abeyance the order (issued by the DC) on July 21 till further orders.
The Commissioner, Nagaland, is also to submit a report immediately explaining the “background” of the practice of “Naga commission” in Dimapur by the Naga Council, of the permission given to the council, of the details of maintenance and utilization of the funds in the past and “other comments and suggestions on the matter for taking decision by the government.”
Meanwhile, notwithstanding the “commendable activities” of the Naga Council, the District Planning Board of Dimapur has in a separate press note reminded the council that it is a non-governmental organization and therefore cannot be “vested with the statutory power which tantamount to acts contrary to the purposes and principals of constitutional rights.” On the directive of the Home department, the board also directed the district administration to revoke the ‘permission’ given to the council on July 29.
“The commendable activities of the Naga Council are well-acknowledged by the Naga people and the government. However, the Naga Council is a non-governmental organization and therefore cannot be vested with the statutory power which tantamount to acts contrary to the purposes and principals of constitutional rights,” the board stated in a notice issued by MLA Azheto Zhimomi, chairman of the board.
The board said that “though the government does not have any objection with regard to the collection of membership fees and other fees amongst its members subject to the provisions of its own constitution,” the Naga Council being an NGO cannot levy taxes outside its ambit as the same is not tenable in law. The special provision of the Article 371 (A) does not give any statutory rights to any non-governmental organization in whatsoever manner, the board reminded.
“Therefore, the special status with reference to Article 371 (A) should not be confused or misconstrued. The state government has on several earlier occasions made its stand clear on the matter of extortion, illegal collection and taxation and has directed the implementing agencies to curb these illegal activities.”
The notice said the state government appreciates the role played by the Naga Council as well as the other non-governmental organizations in assisting the mandated state government while implementing various developmental projects and activities in the state. In this regard the government has been assisting recognized NGOs by way of giving financial as well as other grants.
However, the state government has taken strong exception to the recent issue of permitting collection of “Naga commission” within the jurisdiction of Dimapur district, the notice said. “Therefore, the district administration has been directed to revoke the permission given to the Naga Council Dimapur, as directed by the Home Department vide order NO.GAB-l/COM/266/10, dated Kohima, the 29th July 2010, and also any other organization to collect the Naga commission or any other illegal collections which is contrary to the interest of the Naga public,” the notice added.
