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Ø MEMORANDUM OF SETTLEMENT
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OBJECTIVES
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AREA
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STATUS OF BODOLAND TERRITORIAL COUNCIL
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POWERS AND FUNCTIONS
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LAW AND ORDER
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REVISION OF LIST OF ST
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GRANT OF ST STATUS TO BODO KACHARIS OF KARBI ANGLONG AND NC HILLS DICTRICT
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DEVELOPMENT OF BODO LANGUAGE
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ADDITIONAL DEVELOPMENT PACKAGE FOR BTC
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CENTRALLY FUNDED UNIVERSITY
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RELIEF & REHABILITATION
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SPECIAL REHABILITATION PROGRAMME FOR THE PEOPLE AFFECTED BY ETHNIC DISTURBANCES
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INTERIM COUNCIL
Ø LISTS OF VILLAGES
Ø LIST OF ADDITIONAL VILLAGES DEMANDED BY THE BLT
Ø LIST OF SUBJECTS TO BE ENTRUSTED
Ø ILLUSTRATIVE LIST OF PROJECTS

5. POWERS AND FUNCTIONS

5.1 :: The Council shall have legislative powers in respect to subjects transferred to it as enumerated at Annexure-III. 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.

5.2 :: There shall be an Executive Council comprising of 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 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 these officers and staff within the BTC area. ACRs of these officers shall also be written by the appropriate 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 Deputy Commissioners 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 installments 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 plan funds and non-plan funds to cover the office expenses and the salaries of the staff working under their control. The BTC shall deserve 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 direction 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 shall start execution of their plan in 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 that 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 senior most officer of the 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 the four districts of BTC and the jurisdiction of the DIG, Kokrajhar shall also be modified to cover these four 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 area does not get affected adversely.

8. GRANT OF ST STATUS TO 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 (Hills) List of State of Assam

 
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