Indo - Naga & other peace (Accord) talks
- Part 4 -

BD Behring *

Mizoram Accord, 1986.

Memorandum of Settlement

Preamble

1. Government of India have all along been making earnest effort to bring about an end to the disturbed condition in Mizoram and to restore peace and harmony. Toward this end, initiative was taken by the late Prime Minister Smt. Indira Gandhi on the acceptance by Shri Laldenga on behalf of the Mizo National Front (MNF) of the two conditions, namely, cessation of violence by MNF and to hold talks within the framework of the Constitution. A series of discussions were held with ShriLaldenga. Settlement on various issues reached during the course of talks is incorporated in the following paragraphs.

Restoration of Normalcy

1. With a view to restoring peace and normalcy in Mizoram, the MNF Party, in their part undertake within the agreed time-frame, to bring out all underground personnel of the MNF with their arms, ammunitions, and equipments, to ensure their return to civil life, to abjure violence and generally to help in the process of restoration of normalcy. The modalities of bringing out all underground personnel and the deposit of arms, ammunitions and equipments will be as worked out. The implementation of the foregoing will be under the supervision of the Central Government.

2. The MNF party will take immediate steps to amend its articles of Association so as to make them conform to the provision of Law.
3. The Central Government will take steps for the settlement and rehabilitation of underground after considering the scheme proposed in this regard by the Government of Mizoram.
4. The MNF will not undertake to extend any support to the Tripura National Volunteer (TNV), Peoples' Liberation Army of Manipur (PLA) and any other such group by way of training, supply of arms of providing protection or in any other matters.

Legal Administrative and Other Steps

1. With a view to satisfying the desires and aspirations of all sections of the people of Mizoram, the Government will initiate measures to confer Statehood on the Union Territory of Mizoram subject to the other stipulation contained in this Memorandum of Settlement.

2. To give effect to the above, the necessary legislative and administrative measures will be undertaken, including those for the enactment of Bills for the amendment of the Constitution and other laws for the conferment of Statehood as aforesaid, to come into effect on a date to be notified by the Central Government.

3. The amendment aforesaid shall provide, among other things, for the following:
I. The territory of Mizoram shall consist of the territory specified in Section 6 of the North Eastern Areas (Reorganization) Act, 1971.
II. Notwithstanding anything contained in the Constitution, no act of Parliament in respect of
(a) Religion or Social practices of the Mizos,
(b) Mizo customary Law or procedure,
(c) Administration of Civil and Criminal Justice involving decisions according to Mizo customary Law,
(d) Ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of Mizoram by a resolution so decides. Provided that nothing in this Clause shall apply to any Central Act in force in Mizoram immediately before the appointed day.

III. Article 170 Clause (1) shall, in relation to Legislative Assembly of Mizoram, have effect as if for the word sixty the word forty has been substituted.
1. Soon after the Bill of Conferment of Statehood becomes law, and when the President is satisfied that normalcy has returned and that conditions are conducive to the holding of free and fair elections, elections to the Legislative Assembly will be initiated.

2. (a) The centre will transfer resource to the new Government keeping in view the change in Status from a Union Territory to a State and will include resources to cover the revenue gap for the year.
(b) Central assistance for Plan will be fixed taking note of any residuary gap in resources so as to sustain the approved plan outlay and the pattern of assistance will be as in the case of Special category State.
3. Border trade in local produced or grown agriculture commodities could be allowed under a scheme to be formulated by the Central Government, subject to international arrangement with neighbouring Countries.
4. The Inner line Regulation, as now in force in Mizoram, will not be amended or repealed without consulting the State Government.

Other Matters

5. The rights and privileges of the minorities in Mizoram as envisaged in the constitution shall continue to be preserved and protected and their social and economic advancement shall be ensured.

6. Steps will be taken by the Government of Mizoram at the earliest to review and codify the existing customs, practices, law or other usages relating to the matters specified in Clauses (a) to (b) of para 4.3 (II) of the memorandum, keeping in view that an individual Mizo may prefer to be governed by Acts of Parliament dealing with such matters and which are of general application.

7. The question of Unification of Mizo inhabited areas of other States to form one administrative unit was raised by the MNF delegation. It was pointed out to them, on behalf of the Government of India, that Article 3 of the Constitution of India describes the procedure in this regard but that the Government cannot make any commitment in this respect.

8. It was also pointed out on behalf of the Government that as soon as Mizoram becomes a State:
I. The Provisions of Part XVII of the Provision of the Constitution will apply and the State will be liberty to adopt any one or more language to be used for all or any of the official purposes of the State.
II. It is open to the State to move the establishment of the separate University in the State in accordance with the prescribed procedure.
III. In the light of the Prime Minister's Statement at the Joint Conference of the Chief Justices, Chief Minister and Law Ministers held at New Delhi on 31st August, 1985 Mizoram will be entitled to have a High Court of its own if it so wishes.

1. (a) It was noted that there is already a scheme in force for payment of ex gratia amount to heirs/dependants of persons who were killed during disturbances in 1966 and thereafter in the Union Territory of Mizoram. Arrangement will be made to expeditiously disburse payment to those eligible persons who have already applied but who had not been made such payment so far.

a. It was noted that consequence on verification done by a joint team of officers, the Government of India had already made arrangement for payment of compensation in respect of damage to crop: building destroyed/damaged during the action in Mizoram, and rented charges of building and land occupied by security force. There may, however, be some claim which were referred and verified by the above team but is not yet settled expeditiously. Arrangement will also be made for payment of pending claim of rented charges or land/building occupied by the security forces.

Sd/
LALDENGA
LALKHAMA
On behalf of
Chief Secretary
Mizo National Front.
Government of Mizoram

R.D. PRADHAN
Home Secretary
Government of India.

Dated: 30th June, 1986.
Place: New Delhi.

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.


To be continued .....