ACAUT lauds Governor’s notification to dismantle check gates

Dimapur, May 28 (EMN): Against Corruption and Unabated Taxation (ACAUT) has appreciated the Nagaland Governor, Prof. Jagdish Mukhi, for exercising the provisions of special power under Article 371(A) in case of law and order by issuing the comprehensive Home department notification on May 19, 2022, with stringent directives to curb ‘illegal collection of money at check gates’ throughout the state.

Asserting that unabated taxation was one of the main causes of factionalism, ACAUT hoped that the significant notification against illegal taxation would lead to a step closer for Naga political settlement.

It reminded that since the late ’90, there has been a continuous tussle in the court to legitimise the collection of taxes by the various unions, organisations and government agencies until the government notification issued on June 22, 2009, by the chief secretary to ban ‘collection of cash’ at check-gates. It added that from 2009 to 2013, there were 11 writ petitions filed by such entities that were ultimately dismissed on June 3, 2014, by the judgment and order passed by Justice PK Saikia of Gauhati High Court, Kohima Bench.

With mounting illegal taxation in the state over the years, it stated that a public interest litigation (PIL) numbered as 19 of 2020 was filed in 2020 by ACAUT, PAC and BAN through its counsel Neiteo Koza, a human rights lawyer. It stated that the matter was pending before the Divisional Bench of Guahati High Court, Kohima Bench, for final verdict.

After the filing of the PIL, ACAUT stated that the Southern Angami Public Organisation (SAPO) along with its 13 village units, in the greater interest of the people, decided to unanimously do away with the British era old tax at Phesama gate. It added that GST goods and commodities were exempted from tax purview at various inter-state check gates of Nagaland only in 2021.

The setting up of the control room manned with 24×7  helpline numbers and the setting up of inspection teams in all districts, with prominent signage in all check gates are truly commendable strategic decisions, ACAUT stated.

As specific order should be obtained from the Home department for any inter-state check-gates to operate after May 31, ACAUT has urged to ensure that there is no stone left unturned to implement the landmark notification in toto.

ACAUT has further put forward its charter of demand for public interest as follows:

• 1. With the Goods and Services Tax (GST) imposed nationally since 2017 all other taxes are subsumed. The Nagaland State Goods and Services Tax (SGST) Department should ensure that no Act or law on taxation should not be in contravention with the central GST.
• 2. The imposition of royalty and tax on forest and mineral items with transit permit (TP) from other states by both the departments of Forest and Geology and Mining is unlawful in the first place and amounts to double taxation which should be done away with immediately.
• 3. The insistence of paper slip for entry of commercial vehicles with registration number at whichever check gates serves as the information centre for tracking and sending sms system for Illegal tax collection. Instead, GST e-bill should be scanned and verified.
• 4. Any authorised toll/ tax levied should have services and facilities provided. For instance, the department of Veterinary should have a quarantine for animals at the border check gates for issuing of the mandatory pass.
• 5. Any aggrieved party or individuals should now be able to send photo or video evidence anonymously in the given helpline numbers and email. CCTV should also be immediately installed in all authorised check gates.
• 6. The lessee system practiced by municipal councils in Nagaland should henceforth be done away completely.
• 7. The divisional bench should uphold the 18/5/2022 Home department Notification to make it a statutory judgment to serve as a precedent in all cases related to illegal taxation in Nagaland.
• 8. The police should be given more teeth and power by the state by legislating an act like the Maharashtra Crime Control Act and Uttar Pradesh Goondas Act to act as a deterrent.
• 9. The High Powered Commission (HPC) headed by Justice HK Sema was the outcome of the ACAUT public rally in 2013 and had submitted its detailed report in 2015, with findings and recommendations which should now  be intra vires for any investigation or legal proceeding and in policy making for the whole gamut of illegal taxation in the State of Nagaland.
• 10. Other than deployment of normal personnel and officers, a dedicated unit comprising upright police personnel along with magistrates in a particular district may be tasked for overseeing the enforcement of the Home department notification adequately backed with ground mobile police squad for patrolling within zones in a district. Special police units of two or more districts may be placed under the rank of a senior SP or a DIG.