MEMORANDUM
OF SETTLEMENT WITH BLT, 2003
The Government of India and the Government
of Assam have been making concerted efforts
to fulfill the aspirations of 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 fulfill economic, educational
and linguistic aspirations and the preservation
of Land-rights, socio-cultural and ethnic
identity of the Bodos; and to speed up the
infrastructure development in BTC area.
3. AREA
3.1 :: The area
of the proposed BTC shall comprise all the
villages and areas as per Annexure-I 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 villages and areas
given in Annexure-II 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 followings :
4.1 :: Provisions
of para 1(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 from BTC area of which at least
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 may
be made by the BTC in this regard will not,
in particular:
a) extinguish
the rights and privileges enjoyed by any
citizen of India in respect of his 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 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 :: Provisions
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 :: Provisions
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 and 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
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