Memorandum of Settlement on Bodoland Territorial Council (BTC)

On February 10, 2003, the Assam government, the Union government and the Bodo Liberation Tigers signed the Memorandum of Settlement on Bodoland Territorial Council (BTC), in New Delhi. The jurisdiction of the BTC shall extend over 3082 villages and the BTC has been given legislative powers over 40 subjects. The accord provides for an Executive Council comprising of a maximum of 12 Executive Members, including a Chief and a Deputy Chief, with adequate representation to the non-tribal population. Presented below is the full text of the accord.

1. The Government of India and the Government of Assam have been making concerted efforts to fulfil the aspirations of the Bodo people relating to their cultural identity, language, education and economic development. Towards this end, a series of talks were held between Government of India, Government of Assam and Bodo Liberation Tigers (BLT) since March, 2000. As a result, it is agreed to create a self-governing body for the Bodo Areas in the State of Assam as follows:

2. Objectives

The objectives of the agreement are: to create an Autonomous self governing body to be known as Bodoland Territorial Council (BTC) within the State of Assam and to provide constitutional protection under Sixth Schedule to the said Autonomous Body; to fulfil economic, educational and linguistic aspirations and the preservation of land-rights, socio-cultural and ethnic identity of the Bodos; and speed up the infrastructure development in BTC area.

3. Area

3.1. The area of proposed BTC shall comprise all the 3082 villages and areas to be so notified by the State Government. The above mentioned villages and areas shall be divided into 4 contiguous districts after reorganisation of the existing districts of Assam within a period of 6 months of the signing of the agreement on the lines of the proposal given by BLT subject to clearance of the Delimitation Commission.

3.2 A committee comprising one representative each from Governments of India & Assam and BLT will decide by consensus on the inclusion of additional villages and areas in the BTC from out of 95 villages and areas on the basis of the criteria of tribal population being not less than 50%, contiguity or any other agreed relevant criteria within a period of three months of signing of this MoS.

4. Status of Bodoland Territorial Council

The provision of the Sixth schedule and other relevant Articles of the Constitution of India will apply to BTC, mutatis mutandis in terms of this agreement. The safeguards/modifications for the non-tribals in BTC area, inter-alia, will include the following:

4.1. Provision of para1(2) of Sixth Schedule regarding Autonomous Regions will not be applicable to BTC.

4.2. A provision will be made in para 2(1) of the Sixth Schedule for increasing the number of members for BTC up to 46 out of which 30 will be reserved for Scheduled Tribes, 5 for non-tribal communities, 5 open for all communities and 6 to be nominated by Governor of Assam from the unrepresented communities for BTC area of which atleast two should be women. Nominated members will have the same rights and privileges as other members, including voting rights. Election from the 40 constituencies of BTC shall be on the basis of adult franchise. The term of the elected members of BTC shall be for 5 years.

4.3. Safeguards for the settlement rights, transfer and inheritance of property etc. of non-tribals will be suitably incorporated in para 3 of the Sixth Schedule. Any such law as may be made by the BTC in this regard will not, in particular:

(a) Extinguish the rights and privileges enjoyed by an citizen of India in respect of their land at the commencement of BTC, and

(b) Bar any citizen from acquiring land either by way of inheritance, allotment, settlement or by way of transfer if such citizens were eligible for such bonafide acquisition of land within the BTC area.

4.4. Provision will be added in para 6 of Sixth Schedule that in BTC area, language and medium of instruction in educational institutions will not be changed without approval of the State Government.

4.5. Provision of para 8 of Sixth Schedule regarding power to assess and collect land revenue and impose taxes shall be applicable to BTC.

4.6. Para 10 of the Sixth Schedule will not be applicable to BTC area.

4.7. Provision of Article 332(6) of the Constitution will be so modified that the existing status of representation of BTC area in the State Assembly is kept intact. After the creation of BTC, the Parliamentary & Assembly Constituencies shall be delimited by the Delimitation Commission in accordance with the provisions of the Constitution.

4.8. In the event, Panchayati Raj system ceases to be in force in the council area, the powers of the Panchayati Raj Institutions in such matters shall be vested with the Council.

The Amendments to the Sixth Schedule shall include provisions in such a manner that non-tribals are not disadvantaged in relation to the rights enjoyed by them at the commencement of BTC and their rights and privileges including land rights are fully protected.

5. Power and Functions

5.1. The Council shall have legislative powers in respect to subjects transferred to it as enumerated below. All laws made under this paragraph shall be submitted forthwith to the Governor and until assented to by him, shall have no effect. The BTC shall have executive, administrative and financial powers in respect of subjects transferred to it.

Subjects to be entrusted to BTC by Assam Government

1. Small, Cottage and Rural Industry; 2. Animal Husbandry & Veterinary; 3. Forest; 4. Agriculture; 5. PWD; 6. Sericulture; 7. Education (Primary Education, Higher Secondary Including vocational training, Adult Education, College Education (General); 8. Cultural Affairs; 9. Soil Conservation; 10. Co-operation; 11. Fisheries; 12. Panchayat and Rural Development; 13. Handloom and Textile; 14. Health & Family Welfare; 15. Public Health Engineering; 16. Irrigation; 17. Social Welfare; 18. Flood Control; 19. Sports & Youth Welfare; 20. Weights and Measures; 21. Library Services; 22. Museum & Archaeology; 23. Urban Development – Town and Country Planning; 24. Tribal Research Institute; 25. Land & Revenue; 26. Publicity/Public Relations; 27. Printing & Stationery; 28. Tourism; 29. Transport; 30. Planning and Development; 31. Municipal Corporation, Improvement Trust, District Boards and other local authorities; 32. Welfare of Plan Tribes and Backward Classes; 33. Markets and fairs; 34. Lotteries, Theatres, Dramatic performance and cinema; 35. Statistics; 36. Food and Civil supply; 37. Intoxicating liquors, opium and derivatives etc.; 38. Labour and employment; 39. Relief and Rehabilitation; 40. Registration of Births and Deaths.

5.2. There shall be an Executive Council comprising of not more than 12 Executive Members, one of whom shall be the Chief and another one the Deputy Chief of the said Executive Council. There shall be adequate representation for the non-tribal members in the Executive Council. The Chief and the Deputy Chief of the Council shall have the status equivalent to the Cabinet Minister and the other Executive Members equivalent to the Minister of the State of Assam for protocol purposes in BTC area.

5.3. The BTC shall have the full control over the officers and staff connected with the delegated subjects working in the BTC area and shall be competent to transfer officers and staff within the BTC area. ACRs of these officers shall also be written by the appropriated BTC authority.

5.4. BTC shall also be competent to make appointments for all posts under its control in accordance with the rules of appointment followed by the Government of Assam. However, the posts, where recruitment is made on the recommendation of APSC, shall not be covered under this provision. The Council may constitute a Selection Board for appointments to be made by it and may also make rules, with the approval of the Governor of Assam to regulate appointments and to ensure adequate representation for all communities living in the Council area.

5.5. No posts shall be created by BTC without concurrence of the Government of Assam and it shall also abide by the decision of the Government of Assam in respect of abolition of/temporarily keeping vacant any post.

5.6. Development functions and bodies within the competence of BTC shall be transferred to BTC. In respect of DRDA, concurrence of Government of India will be obtained.

5.7. The offices of the Dy. Commissioner and Superintendent of Police will be outside the superintendence and control of BTC.

5.8. The State Government would provide an amount, to be decided every year on population ratio basis, as grants-in-aid in two equal instalments to the BTC for executing development works. The proportionate share for the BTC shall be calculated on the basis of the plan funds available after setting aside the funds required for earmarked sectors and the salary. This amount may be reduced proportionately if the state plan allocation is reduced or there is plan cut due to resource problem. In addition, the Council will be paid a suitable amount of plan funds and non-plan funds to cover the office expenses and the salaries of the staff working under their control. The BTC shall disburse the salaries of the staff under their control and would ensure strict economy in the matter.

5.9. BTC authority shall prepare a plan with the amounts likely to be available for development works, both under State share and Central share, covering any or all the activities of the departments under their control. The Council shall have full discretion in selecting the activities and choosing the amount for the investment under the same in any year covering all groups of people in a fair and equitable manner. This plan will be a sub set of the State plan and would be treated as its integral part. Once the plan of the State, including BTC plan, gets the approval of the Planning Commission the BTC authority will start execution of their plan in the BTC area. Modifications, if any, made by the Planning Commission in the BTC proposal, shall be binding on the BTC authority. The State Government shall not divert the funds allocated to the BTC to other heads and also ensure its timely release. BTC may have Planning Department to prepare the plans for BTC area to be submitted to Planning Commission through the Government of Assam.

5.10. The executive functions of the BTC shall be exercised through its Principal Secretary who shall be an officer of the rank not below of Commissioner/Secretary to Government of Assam. The sanctioning powers of the Government of Assam shall be vested with the Principal Secretary of BTC and sanctioning powers of head(s) of the Department(s) including for technical sanction shall be conferred on the senor most officer of that Department preferably not below the rank of Additional Director, who may be designated as Director of BTC for that department. The Principal Secretary and other officers shall exercise their powers under the overall guidance and supervision of BTC.

6. Law and Order

To strengthen the Police Administration, Government of Assam shall appoint an IGP for 4 districts of BTC and the jurisdiction of the DIG Kokrajhar shall also be modified to cover these 4 districts.

7. Revision of list of ST

Consequent to the inclusion of BTC area into the Sixth Schedule, the list of ST for the State of Assam shall be so modified so as to ensure that the tribal status of Bodos and other tribals living outside the BTC are does not get affected adversely.

8. Grant of ST status of Bodo Kacharis of Karbi Anglong and NC Hills districts

The Government of India agrees to consider sympathetically the inclusion of the Bodo Kacharis living in Karbi Anglong and NC Hills Autonomous Council area in the ST (Hill) List of State of Assam.

9. Development of Bodo Language

9.1. The Government of India agrees to consider favourably the inclusion of Bodo Language in Devnagri Script in the Eighth Schedule of the Constitution.

9.2. Bodo language shall be the official language of BTC subject to the condition that Assamese and English shall also continue to be used for official purpose.

10. Additional Development Package for BTC

10.1. The State Government, within the limitation of financial and other constraints, may offer or allow the Council to offer, possible and sustainable additional incentives for attracting private investment in the Council area and would also support projects for external funding.

10.2. In order to accelerate the development of the region and to meet the aspirations of the people, the Government of India will provide financial assistance of Rs 100 crores per annum for 5 years for projects to develop the socio-economic infrastructure in BTC areas over and above the normal plan assistance to the State of Assam. The size of the Corpus will be reviewed after a period of 5 years. Suitable mechanism will be built in the system to ensure that the funds are transferred to BTC in time and at regular intervals. An illustrative list of projects which may be considered to be taken up in BTC given below:

List of projects:

1. To establish a centre for development and research of Bodo language; 2. Upgradation of existing educational infrastructure by way of renovation/addition of buildings, providing modern facilities for teaching such as computers, science laboratories etc. from primary level to college level in BTC area; 3. A cultural complex to be established at Kokrajhar to promote and develop Bodo tradition and cultural heritage; 4. To establish a super-speciality hospital with all modern facilities at Kokrajhar Government Hospitals shall be established in all district, sub-divisional and block headquarter; 5. To establish sports complexes in all the district headquarters; 6. Food processing plants and clod storage facilities at Kokrajhar, Kajolgaon, Udalguri and Tamulpur; 7. Construction of a bridge over river Aai to connect Koilamoila, Amguri etc. with the rest of the district; 8. To build a Bodoland Bhawan in Delhi; 9. To set up integrated agro-processing park and textile-cum-apparel park; 10. Revitalisation of Kokilabari Agricultural Farm; 11. To develop adequate infrastructure to promote Manas sanctuary as an international tourist spot; 12. To complete Champa, Suklai and Dhansiri irrigation projects; 13. To construct a highway on the Indo-Bhutan border from Jamduar to Bhairabkunda to connect remote places located adjacent to the border; 14. To set up model dairy, fishery, horticulture and poultry farms/training centres at different places in all the 4 districts to encourage youth for self-employment; 15. To enhance the existing facilities in veterinary hospitals in BTC area.

10.3. Government of India will provide necessary one time financial assistance required for development of administrative infrastructure in the newly created district headquarters, sub-divisional headquarters and book headquarters, besides the BTC Secretariat Complex at Kokrajhar

11. Centrally funded University

11.1. A centrally funded Central Institute of Technology (CIT) will be set up to impact education in various technological/vocational disciplines such as Information Technology, Bio-Technology, Food Processing, Rural Industries, Business Management, etc.

11.2. The CIT will be subsequently upgraded to a Centrally funded State University with technical and non-technical disciplines to be run by the BTC.

12. Relief & Rehabilitation

12.1. The BLT would join the national mainstream and shun the path of violence in the interest of peace and development. After the formation of the interim council of BTC, BLT will dissolve itself as an organisation and surrender with arms within a week of swearing-in of the interim council. The State Government would provide full support to relief and rehabilitation of the members of BLT who would surrender with arms in this process in accordance with the existing policy of the State. Financial support in such cases, however shall be limited to be provisions of the scheme prepared and funded by the Government of India. Withdrawal of cases against such persons and those related to overground Bodo movement since 1987 shall be considered according to the existing policy of the State of Assam.

12.2. The Government of India will initiate steps for review of action against the Bodo employees of Government of India and subordinate officers as well as in respect of Central Government Undertakings. Similar action would be taken by the Government of Assam.

12.3. Bodo youth will be considered for recruitment in Police, Army and Paramilitary forces to increase their representation in these forces.

13. Special Rehabilitation Programme for the people affected by ethnic disturbances:

The Special Rehabilitation Programme (SRP) for the people affected by ethnic disturbances in Assam, who are at present living at relief camps in Kokrajhar, Bongaigaon etc. shall be completed by the Government of Assam with active support of BTC. Necessary funds for their rehabilitation shall be provided by the Government of India and lands which are free from all encumbrances required for such rehabilitation shall be made available by the BTC.

14. Interim Council

Immediately after signing of the agreement, Interim Executive Council for BTC shall be formed by Governor of Assam from amongst the leaders of the present Bodo movement, including the signatories to this settlement, and shall include adequate representation to the non-tribal communities in BTC area. The Interim Council shall not continue for a period beyond 6 months during which period election to the Council shall be held. Government of Assam shall dissolve the Bodoland Autonomous Council (BAC) and repeal the BAC Act.

15. Government of Assam will consider inclusion of all tribals including Bodos in RHAC/MAC/LAC in consultation with leaders of these Councils.

16. The Implementation of the provision of the Memorandum of Settlement shall be periodically reviewed by a Committee comprising representatives of Government of India, Government of Assam and BTC.

Signed on 10^th February, 2003 at New Delhi in the presence of Shri L.K. Advani, Hon’ble Deputy Prime Minister of India and Shri Tarum Gogoi, Chief Minister of Assam.

(Hagrama Basumatary)ChairmanBodo Liberation Tigers

(P K Dutta)Chief SecretaryGovt. of Assam

(R C A Jain)Secretary (BM)Ministry of Home AffairsGovernment of India

GTA AGREEMENT :

Memorandum of Agreement:

Whereas the Gorkha Janamukti Morcha (GJM) has been demanding for quite sometime past a separate State of Gorkhaland for the hill areas of Darjeeling district including some areas of Siliguri Terai and Dooars (hereinafter referred to as the Region) ;

                                                     
                                                       And

Whereas both the Government of India and the Government of West Bengal have repeatedly emphasized the need for keeping the region as an integral part of the State of West Bengal ;

                                                     
                                                       And

Whereas after several rounds of tripartite meetings at the ministerial and at the official levels, the GJM, while not dropping their demand for a separate State of Gorkhaland, has agreed to the setting up of an autonomous Body (hereinafter referred to as the new Body) empowered with administrative, financial and executive powers in regard to various subjects to be transferred to the said Body for the development of the region and restoration of peace and normalcy there at;

                                                                                       
                                                                                            And

Whereas the objective of this Agreement is to establish an autonomous self governing Body to administer the region so that the socio-economic, infrastructural, educational, cultural, and linguistic, development is expedited and the ethnic identity of Gorkhas established, thereby achieving all round development of the people of the region ;

                                                                                         
                                                                                            And

Whereas all issues including issues relating to transfer of subjects to the new Body have been agreed in various tripartite meetings at the official level;

                                                                                       
                                                                                            And

Whereas after several round of Tripartite discussions between the Government of India, the Government of West Bengal and the GJM, an agreement was reached in respect of all the issues; Now, therefore, the Government of India, the Government of West Bengal and the GJM, keeping on record the demand of the GJM for a separate State of Gorkhaland, agree as follows:-

1) An autonomous Body, which shall be called the Gorkhaland Territorial Administration (GTA), will be formed through direct election. A Bill for this purpose will be introduced in the West Bengal Legislative Assembly ;

2) While under the provisions of the Constitution transfer of legislative powers to the new Body is not possible, the power to frame rules / regulations under the State Acts to control, regulate and administer the departments / offices and subjects transferred to the new Body will be conferred upon the new Body ;

3) The administrative, executive and financial powers in respect of the subjects transferred will be vested in such a way that the new Body may function in an autonomous and effective way ;

4) The subjects alongwith all Departments / Offices to be transferred to the new Body is appended as Annexure – ‘A’.

5) The area of the Gorkhaland Territorial Administration shall comprise the areas of the entire sub-divisions of Darjeeling, Kalimpong with extended areas of Kurseong. In regard to transfer of additional areas of Siliguri Terai and Dooars to the new Body, a High-Powered Committee will be formed comprising four representatives of GJM, three representatives of the State Government (one from the Home Department; the District Magistrate, Darjeeling; the District Magistrate, Jalpaiguri); the Director of Census Operations representing Government of India, apart from the Chairman of the Committee to be appointed by the State Government. The Chairperson of the Board of Administrators, DGHC will be the convener of this Committee. The Committee will look into the question of identification of additional areas in Siliguri Terai and Dooars that may be transferred to the new Body, having regard to their compactness, contiguity, homogeneity, ground level situation and other relevant factors.

           The Committee will be expected to give its recommendations within a short period, preferably within six months of its constitution.

6) The work of this High-Powered Committee will run parallel to the electoral process which will be based on the existing area delimitation. However, the empowering statute will have a provision for transfer of the additional areas from Siliguri Terai and Dooars that may be agreed upon, based on the recommendation of this Committee.

7) In regard to transfer of all forests including reserved forest, it was agreed that the State Government will make a reference to the Central Government on the issue of reserved forest as the power delegated to the State Government under the Central statute cannot be delegated to any other authority straightaway. However, all offices catering to the unreserved forests under the jurisdiction of GTA would also be transferred to GTA.

8) Regarding Tribal status to Gorkhas except the Scheduled Castes, the GJM or any organisation representing the Gorkhas will make an application to the Backward Classes Welfare Department of the State Government, which is the authority to process such claims. The Department, upon receiving such application supported by necessary documents will conduct a study through the Cultural Research Institute, Kolkata. After examination by the Department, the matter will be referred to the National Commission for Scheduled Tribes. The recommendations already submitted to the National Commission will be followed up by the State Government. The Government of India will consider for granting ST status to all the Gorkhas excepting SC.

9) In regard to regularization of all ad-hoc, casual, daily wage workers of DGHC,

regularization by way of outright absorption is not feasible due to the current legal position as enunciated by the Hon’ble Supreme Court. However, those employees who have put in 10 years of continuous service would be guided by the Finance Department’s order of 23rd April, 2010. Those outside this ambit would be extended an enhancement in wages. This would be equivalent to 75% of the remuneration admissible under the order of the Finance Department subject to a minimum of 5,000/- per month for those who have not completed 10 years of continuous service.

As and when they complete 10 years of continuous service, they will be eligible for the full benefit in terms of the order of 23rd April, 2010. The employees will, however, have the liberty to apply for normal recruitment to any other posts of State Government. It was also agreed that the State Government will make necessary financial provisions for bearing the additional non-plan expenditure for this purpose.

10) There shall be a GTA Sabha for the GTA. There shall be a Chairman and Deputy Chairman to conduct the business of Council. The GTA Sabha shall consist of fortyfive elected members and five members to be nominated by the Governor to give representation to members of SC, ST, women, and minority communities. The M.Ps, M.L.As, and Chairpersons of municipality(s) of the region shall be Ex-officio Members to this GTA Sabha. The term of the GTA shall be five years.

11) The Executive Body shall consist of a Chief Executive who will nominate fourteen members out of the elected / nominated members as Executive Member. One of them shall be the Deputy Chief to be nominated by the Chief Executive.

12) Every member of the GTA shall before taking seat make and subscribe before the Governor or one of the elected members appointed in that behalf by him an oath or affirmation. The Chief Executive shall be administered an oath or affirmation by the Governor.

13) There shall be a Principal Secretary of the GTA, who shall be of the rank of the Principal Secretary/Secretary to the State Government and who shall be selected by the Chief Executive from the panel sent by the State Government and shall be paid from the GTA Fund such salaries and allowances as may be fixed by the State Government. The Principal Secretary once deputed to the GTA shall not be transferred for a period of at least two years without the consent of the GTA.

14) The Government of India and the Government of West Bengal will provide all possible assistance to the GTA for the overall development of the region. The Government of India will provide financial assistance of Rs. 200 crore (Rupees Two Hundred Crore) per annum for 3 years for projects to develop the socio-economic infrastructure in GTA over and above the normal plan assistance to the State of West Bengal. A list of projects which may be considered to be taken up by the GTA is at Annexure ‘B1’. List of projects to be separately taken up by the GTA with the State/Central Government is at ‘B2’.

15) The Government of India/ State Government will provide one time financial assistance required for development of administrative infrastructure viz., GTA Sabha House, Secretariat Complex and the residential quarters for the elected members of GTA and the senior officers.

16) The allocation sanctioned in the budget of GTA and all funds sanctioned by the State or the Union Government which remain unspent at the close of the financial year shall be taken into account for the purpose of providing additional resources in the Budget of the following year or years and the fund requirements will be met on a yearly basis.

17) The Government of West Bengal shall provide formula based plan fund with 60 per cent weightage on population and the balance weightage on area backwardness, hill areas and border areas in two equal installments every year for executing development works.

18) The Government of West Bengal shall provide Non-plan grant including provisions for bearing the additional Non-plan expenditure for existing employees payable in two installments in respect of the offices / departments transferred to GTA.

19) The fund received from the Government of India shall not be diverted and the State Government shall release the fund in time.

20) The GTA will have the power of creating Group B, C and D posts with the approval of Governor. The recruitment to Group B, C and D posts will be through a Subordinate Service Selection Board to be set up for this purpose.

21) The State Public Service Commission shall be consulted for the recruitment of Group ‘A’ officers.

22) The State Government will set-up a separate School Service Commission, College Service Commission; open an office of the Regional Pension and Provident Directorate; and set up an office for Registration of land, building etc., marriage, society etc. in the GTA area, subject to extant rules and regulations.

23) The Governor of West Bengal shall obtain a report on the functioning of the GTA and cause that report to be laid on the table of the West Bengal Legislative Assembly annually.

24) The Government of West Bengal will initiate action to re-organize / re-constitute the territorial jurisdictions of sub-divisions and blocks.

25) The GTA, once established, will separately take up the issues relating to grant of incentives, subsidies, waiver of taxes and tariff and other benefits as appropriate to the region’s backwardness, with the Central and State Governments.

26) A three-tier Panchayat will be constituted by elections in the GTA region, subject to the provisions of Part IX of the Constitution of India. Notwithstanding anything contained in the West Bengal Panchayat Act 1973, or the West Bengal Municipal Act, 1993, the GTA shall exercise general powers of supervision over the Panchayats and the Municipalities.

27)Since the formation of new authority will take some time and since the developmental works in the hills, which have already suffered badly, cannot be allowed to suffer further, there will be a Board of Administrators in DGHC which would be fully empowered to exercise all the powers and functions of the Chief Executive Councilor under the DGHC Act, 1988 and to decide on the much needed developmental works in the hills. The Board of Administrators will comprise MLA, Darjeeling; MLA, Kurseong ; MLA, Kalimpong ; District Magistrate, Darjeeling and Administrator, DGHC in keeping with the provisions of the sub-section (1) of Section 17 of the DGHC Act as amended vide Kolkata Gazette Notification of 22nd March, 2005.

28) The GJM agrees to ensure that peace and normalcy will be maintained in the region.

29) A review will be done by the State Government of all the cases registered under various laws against persons involved in the GJM agitation. Steps will
be taken in the light of the review, not to proceed with prosecution in all cases except those charged with murder. Release of persons in custody will follow the withdrawal of cases.

30) The GTA youth would be considered for recruitment in the Police, Army and Para Military Forces subject to their suitability for such appointment.

31) The implementation of the provision of the Memorandum of Agreement shall be periodically reviewed by a committee representing the Government of India, Government of West Bengal and GJM.

32) The Government of West Bengal shall repeal the DGHC Act, 1988 along with formation of GTA to be constituted by an Act of the legislature.

Signed on 18th July, 2011 at Darjeeling in the presence of Shri P. Chidambaram, Hon’ble Union Home Minister and Mamata Banerjee, Hon’ble Chief Minister, west Bengal.

Signatories:

(Dr. G.D. Gautama)

• Additional Chief Secretary.
• Home & Hill Affairs Department, for and on behalf of the Government of West Bengal.

(Shri Rooshan Giri )

• General Secretary, Gorkha Janmukti Morcha for and on behalf of the Gorkha Janmukti Morcha.

(Shri K.K. Pathak)

• Joint Secreatry to the Government of India.
• Ministry of Home Affairs for and on behalf of the Government of India.

Annexure ‘A’

List of Subjects to be transferred to the GTA

(1) Agriculture, including agricultural education and research protecting against pest and prevention of plants diseases; Horticulture, Floriculture and Food processing;

(2) Animal Husbandry and Veterinary, that is to say preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practices, cattle pounds; Dairy development;

(3) Cooperation;

(4) Information and Cultural Affairs

(5) School Education including primary education, secondary education, higher secondary education (including vocational training): Physical Education; Government Schools.

(6) College Education including Agricultural and Technical Colleges, Local Management of Government sponsored Colleges; Mass Education and Physical Education; Engineering, Medical, Management, and Information Technology with Government and Government sponsored colleges for which wings /cells shall have to be created by the GTA for the area under its jurisdiction;

(7) Adult Education and Library Services;

(8) Fisheries;

(9) Irrigation, drainage and embankments, floods and landslide protection;

(10) Food and Civil Supplies; Consumer Affairs;

(11) Management of any forest, not being Reserved Forest; [Explanation – ‘Reserved Forest’ shall mean a reserved forest as constituted under Indian
Forest Act 1927 (16 of 1927)];

(12) Cottage & Small Scale Industries including sericulture, handloom and textiles; handicrafts and Khadi and Village industries;

(13) Cinchona plantation and settlement of land in possession of the plantation inhabitants: management of lease of cinchona lands etc. under it.

(14) Woman and Child Development and Social Welfare;

(15) District Sainik Board;

(16) “Health including Public Health and Family welfare” including hospitals, dispensaries, health centres and sanatoriums, establishing a Nurses Training School;

(17) Intoxicating liquors, opium derivatives subject to the provisions of Entry 84 of List I of the Seventh Schedule; distilleries – control and regulation, Bonded House and raising of revenue;

(18) Irrigation;

(19) Water Resources Investigation and Minor Irrigation;

(20) Labour and Employment;

(21) Land & Land Revenue including allotment, occupation or use, setting apart of  land other than land with reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes to promote interest of the people;

(22) Library services (financed and controlled by the State Government);

(23) Lotteries (subject to the provisions of the Entry 40 of the List I of the Seventh Schedule);

(24) Theatre, dramatic performances and cinemas (subject to the provisions of the Entry 60 of List I of the Seventh Schedule); Sports; entertainment and amusements;

(25) Markets and fairs;

(26) Municipal corporation, improvement of trust, district boards and other local authorities; Fire Services;

(27) Museum and archeology institutions controlled or financed by the State, ancient and historical monuments and records other than those declared by or under any Law made by Parliament to be of national importance;

(28) Panchayat and Rural Development including District Rural Development Agency (DRDA);

(29) Planning and Development;

(30) Printing and Stationery;

(31) Public Health Engineering; Public Works Department including work relating to State Highways as well as the responsibility discharged by the State Government for maintenance of National Highways within the jurisdiction of GTA;

(33) Publicity and Public Relations including Regulation of Media – both Print and Electronic media;

(34) Registration of births and deaths;

(35) Relief and Rehabilitation, establishing a branch of disaster management in consultation with NDMA under the extant laws/rules.

(36) Sericulture;

(37) Small, cottage and rural industry subject to the provisions of Entries 7 and 52 of List I of the Seventh Schedule;

(38) Social Welfare; including part of SC & ST Development and Finance Corporation under GTA area;

(39) Soil conservation;

(40) Sports and Youth Welfare;

(41) Statistics;

(42) Tourism: Tourism infrastructure within the jurisdiction of the GTA catering to the area of GTA would be transferred to GTA. However, GTA may set up its own wing of Tourism Development Corporation for the area under its jurisdiction;

(43) Transport (roads, bridges, ferries and other means of communication not specified in List I of the Seventh Schedule, municipal tramways, ropeways, inland waterways and traffic thereon, subject to the provision of Entry 40 of List I and List III of the Seventh Schedule with regard to such waterways, vehicles and other mechanically propelled vehicles);

(44) The State Government will consider opening an RTO Office in the GTA area however; powers vested with the DM at present would remain with him only.

(45) Tribal research institution controlled and financed by the State Government;

(46) Urban development – town and country planning;

(47) Weights and measures subject to the provisions of Entry 50 of List I of the Seventh Schedule;

48) Welfare of plain tribes and backward classes subject to the area being under GTA only;

(49) Welfare of the Scheduled Castes and Scheduled Tribes and Other Backward Classes;

(50) Welfare of Minorities;

(51) Management and settlement of land including markets and market sheds controlled by the Darjeeling Improvement Fund;

(52) Minor Minerals and Mineral development (subject to the provisions of Entry 23 of List II of the Seventh Schedule);

(53) Rural electrification;

(54) Renewable sources of energy including water-power (subject to Entry 56 of List I and Entry 38 of List III of the Seventh Schedule);

(55) Sharing electricity with GTA subject to evolving a mutually agreeable formula with the State government.

(56) Pounds and prevention of cattle trespass;

(57) Management of burial grounds and cremation grounds;

(58) Regulation of Cable channels; to the extent the powers of Central Act, i.e. the Cable Television Network (Regulation) Amendment Act, 2002 vests with the State government;

(59) Tauzi: Tauzi Department of the Collectorate.

Annexure ‘B1’

LIST OF PROJECTS TO BE UNDERTAKEN BY THE GTA TO DEVELOP THE PHYSICAL AND SOCIAL INFRASTRUCTURE IN THE GTA AREA IN ORDER TO ACCELERATE THE DEVELOPMENT OF THE REGION

1. Comprehensive water supply system in the new body area;

2. Multi-super specialty Medical College and Hospital;

3. Establishment of Hospitality and Tourism Management Institute;

4. Establishment of a College of Nursing;

5. Establishment of a Gorkha House at New Delhi;

6. Establishment of an Institute for Research and Development of the Nepali Language;

7. Establishment of a Cultural Institute to preserve, promote and develop culture, tradition, heritage of the people of the region;

8. Establishment of Research and Development Institute for Tea and Cinchona;

9. Research and Development Institute for Horticulture, Floriculture;

10. Balasan Drinking Water Project to be taken up by the Union Government and be declared as a National Project;

11. Sidrabong Hydro Project has been declared a National Heritage but neglected. Funds for its maintenance and upkeep;

12. Food processing, agro-processing complex and cold storage;

13. Creation and development of the IT industry in this region;

14. A new bridge connecting Dooars to be constructed over the Teesta River as the only Coronation Bridge has become very old and it may collapse any        time;

15. Mini and Micro Hydro Projects in GTA;

16. Establishment of Eight Multi disciplinary College different areas of the Region;

17. Establishment of Veterinary Hospitals;

18. High School/Higher Secondary School for every twenty-five villages;

19. Processing plants for Cinchona at Mungpoo;

20. Establishment of Polytechnics for all subdivisions;

21. 2 ITIs / Vocational Institutes in each subdivision;

Annexure ‘B2’

LIST OF PROJECT PROPOSALS WHICH GTA MAY TAKE UP WITH THE STATE/CENTRAL GOVERNMENT

1. Establish a Central Institute of Technology.

2. Establishment of a Central University;

3. National Institute of Technology (NIT) including IT and Bio-technology;

4. Construction of an alternative National Highway from Siliguri via Mirik along Balasan River to Darjeeling;

5. Establishment of a Fashion Technology Institute;

6. Establishment of a Sainik School;

7. Establishment of National Games and Sports Academy;

8. Establishment of a Tea Auction Centre at Darjeeling;

9. Darjeeling Himalayan Railway to be revitalized for boosting Tourism sector;

10. To establish a Broad-gauge Railway Terminal Station at Sukna;

11. Strengthening and Widening of National Highway 55 and 31 A;

12. Central Government Engineering College funded by GOI;