GORKHA ADIVASI POLITICAL SIGNIFICANCE: Copies of Draft Papers submitted by Bengal & GJM

Copies of Draft Papers submitted by Bengal & GJM – choose, the choice is ours ?!!

[Due to continuing problems with the net – posts will be updated later as and when possible – inconvenience is regretted]

DRAFT DISSCUSSION PAPER (GAA) PROPOSED BY BENGAL

1.    An autonomous self-governing body to be known as Gorkhaland Autonomous Authority (GAA) would be established within the State of West Bengal.

2.    This would be an interim authority valid upto 31.12.2011 and could be extended if all the parties to the agreement agree to do so.

3.    It is agreed that election to the Gram Panchayats and Panchayat Samities in the GAA are could be held within the next 6 months.

4.    The initial composition of the 20 member GAA would be 20 members of which 15 would be nominated by the political parties in proportion to the number of seats won by the respective parties in the Gram Panchayat and Panchayat Samity. 5 members would be nominated by the Governor of West Bengal from the unrepresented communities of the GAA area. The nominated members would have the same rights and privileges as other members, including voting rights.

5.    Formal elections to the GAA would be held thereafter within 12 months of the coming into force of the GAA.

6.    The term of the elected members of the GAA shall be for five years.

7.    The GAA shall have legislative powers in respect of the subjects transferred to it enumerated in Annexure II-A.

8.    The area of the GAA would be the area of the Darjeeling Gorkha Hill Council.

9.    All laws made by the GAA in respect of the subjects enumerated in Annexure-II shall be submitted to the Governor of West Bengal and on his assent the same shall come into effect.

10.    The GAA shall have executive, administrative and financial powers in respect of subjects transferred to it.

11.    The GAA shall have control over the officers and staff connected with the delegated subjects working in the GAA area and shall be competent to transfer these officers and staff within the GAA area.

12.    ACRs of these officers would be written by the appropriate officers in the GAA.

13.    The offices of the Deputy Commissioner and the Superintendent of Police would be outside the superintendence and control of the GAA.

14.    The Government of West Bengal would provide an amount, to be decided every year on a population ratio basis as grant-in-aid in two equal installments to the GAA for executing development works. In addition, the GAA would be paid a suitable amount of plan and non-plan fund to cover the office expenses and the salaries of the staff working under their control. The GAA shall have full authority in selecting the activities and choosing the amount for the investment under the same in any year. The plan prepared by the GAA would be a sub-set of the State Plan and would be treated as an integral part.

15.    The State Government shall not divert the funds allocated to the GAA to other funds and also ensure its timely release.

16.    The executive functions of the GAA shall be exercised through its Principal Secretary who shall be an officer of the rank not below the Principal Secretary / Commissioner of the Government of West Bengal. The Principal Secretary once deputed to the GAA shall not be transferred for a period of at least 2 year without the consent of the GAA.

17.    Governor of West Bengal shall, through an appropriate agency, obtain a report on the functioning of the GAA and cause that Report with his recommendation to be laid on the Table of the West Bengal Assembly on an annual basis. The Governor of West Bengal shall also be authorized to call for and obtain any report either from the GAA or the State Government in respect of either the allocation of funds, its timely release and its utilization and give such directions as the Governor may deem fit so that the provisions of the agreement constituting the GAA are fully met.

18.    In order to accelerate the development of the region and to meet the aspirations of the people, the Government of India will provide a financial assistance of Rs_______________  crore per annum to GAA for three years for specific projects identified by the GAA to develop the socio-economic infrastructure in the GAA area. This amount would be provided as grant-in-aid and would be over and above the normal plan assistance to the State of West Bengal.

19. Gorkhaland personnel (GLP) would be considered for recruitment in the Police, Army and Para-Military Forces.

DRAFT ‘INTERIM ARRANGEMENT’ PROPOSAL BY GJM

[IN RESPONSE TO THE GAA PROPOSAL FORWARDED BY THE CENTRE]

INTERIM ARRANGEMENT AFTER REPEAL OF THE DARJEELING GORKHA HILL COUNCIL ACT- 1988.

PRINCIPLES:

Definitions:

“Constitution’ shall mean the Constitution of India.

“Region” herein shall mean the region of Darjeeling District and Dooars as enunciated in the demand of Gorkhaland and delineated in the map submitted by the Gorkha Janmukti Morcha

“Interim authority” shall mean the interim system of self-governance to be put in place in the interim period valid upto 31.12.2011.

1. DECLARATION: Trilateral declaration[to be included in all subsequent legislation as the first section/article/clause or preamble] to the effect that nothing in the interim arrangement or any act done thereunder shall or be deemed to] preiudice, affect, alter or diminish in any manner whatsoever the legitimate demand of the people of the region for the creation of a separate state of Gorkhaland under Article 3 of the Indian Constitution out of the territories now within the State of West Bengal and referred to herein as the region.

2. NAME: The name of the interim authority shall be THE GORKHALAND REGIONAL AUTHORITY OR DARJEELING & DUARS REGIONAL AUTHORITY

3. Before the formation of the interim authority

ALL THE GORKHAS must be declared SCHEDULED TRIBES to preserve the unique cultural heritage, tradition and ethnicity of the GORKHA community as a whole.

4. CONSTITUTIONAL SANCTION: There shall be all suitable amendments to the Constitution for ushering in the interim authority.

5. SAILENT FEATURES OF THE STRUCTRE POWERS AND FUNCTIONS OF THE INTERIM AUTHORITY:

  1. Regional Board with Speaker and Deputy Speaker of not less than fifty five members elected by adult franchise at elections to be held by the Election Commission of India with
  2. Powers of legislation over the subjects mentioned in Schedule A without subjection to approval, sanction or consent of or reference to the Government of West Bengal.
  3. Powers to exclude the application of laws of West Bengal (subject to laws made or to be made by Parliament).
  4. Chief elected by the Board.
  5. Executive Committee headed by the Chief
  6. Judiciary subordinate to its own High Court
  7. Full legislative and administrative jurisdiction over panchayats and Municipalities.
  8. Legislative, Executive and Judicial control over the Departments administering the subjects enumerated in Schedule A.
  9. Complete fiscal and policy authority in matters of planning, finance, tax, revenue, distribution of funds. borrowing, property, contracts rights, liabilities, obligations and suits as contained in Part XII of the Constitution.
  10. Special non-Plan fund assistance direct from the Government of India for a period of five years, extendable up to ten years from the formation of the interim authority.
  11. Special Initial Assistance of two thousand crore rupees to be divided and and disbursed equally over a period of five years.
  12. Direct Plan Fund in accordance with approved yearly and Five Year Plans without routing through the State Government.
  13. Direct and special allocation of funds from the Union Government without reference to the State of West Bengal in all matters bearing in mind the unique and peculiar geopolitical conditions obtaining in the region.
  14. Guarantees by State/Union Government enabling borrowing by the interim authority.
  15. Public Service Commission and full powers of recruitment and conditions of service.
  16. Powers to impose regional restrictions on trade, commerce and intercourse subject to the limitations imposed by the Constitution.
  17. Allocation of all regional benefits hitherto accruing to the State of West Bengal such as hydropower, trade and industrial subsidies.
  18. Reservation of Seats in higher education in institutes in all over India.
  19. Border Road Organisation to take over construction and maintenance of all National Highways in the region which are at present outside the jurisdiction of the BRO.
  20. Special fund for the construction of super-speciality hospitals in the region.
  21. Establishment of broad-gauge railway stations at Sukna,Sevoke,Malbazar,Birpara and Kalchini.
  22. Concomitant opening of all closed tea-gardens within the region.
  23. Induction of personnel of the Gorkhaland Personnel(GLP) in armed forces/paramilitary.
  24. Office of the Advocate-General for the region.
  25. More particularly, direct and special allocations for education, human resource development, environment and disaster management, employment generation, land and land use, settlement of land, rural and urban construction and regulation, etc.
  26. Establishment of a Tribal Research Institute.
  27. Such other powers and functions as may mutually be acceptable.

EXEMPTIONS:

  1. Waiver of all revenues including electricity, telephones, taxes and other revenues accruing as a result of the agitation for a separate State of Gorkhaland during 2007 to the date creation of the interim authority.
  2. Withdrawal of all criminal cases relating to the above period arising out of the agitation for a separate state in both Darjeeling District and the Dooars.

Schedule A

  1. Public order (but not including [the use of any naval, military or Air force or any other armed force of the Union or of any other force subject to the control of the union or of any contingent or unit thereof] in aid of the civil power).
  2. Police (including railway and village police) subject to the provisions of entry A of List 1.]
  3. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district board, mining settlement authorities and her local authorities for the purpose of local self-government or village Administration.
  4. Public health and sanitation; hospitals and dispensaries.
  5. Relief of the disabled and unemployable.
  6. Burials and burial grounds; cremations and cremation grounds.
  7. Libraries, museums and other similar institutions controlled or financed by the region; ancient and historical monuments and records than those [declared by or under law made by Parliament] to be or national importance.
  8. Communications, that is to say, roads, bridges, ferries, and other means of communication; municipal tramways; ropeways; inland waterways and traffic thereon with regards to such waterways; vehicles other than mechanically propelled vehicles.
  9. Agriculture, including agricultural education and research. protection against pests and prevention of plant diseases.
  10. Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
  11. Pounds and the prevention of cattle trespass.
  12. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power.
  13. Land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land: land improvement and agricultural loans: colonization.
  14. Fisheries.
  15. Regulation of mines and mineral development subjects to the provisions of this schedule with respect to regulation and development under the control of the Union.
  16. Industries subject to the provisions of this schedule.
  17. Trade and commerce within the State subject to the provisions mentioned in this schedule.
  18. Production, supply and distribution of goods subject to the provisions mentioned in this schedule.
  19. Markets and firs.
  20. Inns and inn-keepers.
  21. Incorporation, regulation and winding up of corporation, other than those specified in this schedule, and universities; unincorporated trading, literary, scientific, specified in this schedule, and universities. unincorporated trading, literary, scientific, religious and
  22. Theaters and dramatic performances; cinemas, sports. entertainments and amusements.
  23. Betting and gambling.
  24. Works, lands and buildings vested in or in the possession of the region.
  25. Elections to the Interim Authority of the region subject to the provisions of any law made by Parliament.
  26. Salaries and allowances of members of the Interim Authority of the region, of the Speaker and Deputy Speaker of the Interim Authority.
  27. Powers and privileges of the Interim Authority and of the members and the committees thereof and of persons for giving evidence or Producing documents before committees of the Interim Authority of the region.
  28. Salaries and allowances of members of Interim Authority for the region.
  29. Regional public services; Regional Public Service Commission.
  30. Treasure trove.
  31. Land revenue, including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues.
  32. Taxes on agricultural income.
  33. Duties in respect of succession to agricultural land.
  34. Estate duty in respect of agricultural land.
  35. Taxes on lands and buildings.
  36. Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
  37. Duties of excise on the following goods manufactured or produced iit the region and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:
    1. alcoholic liquors for human consumption;
    2. opium, Indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol or any substance included in sub paragraph (b) of this entry.
  38. Taxes on the entry of goods into a local area for consumption, use or sale therein.
  39. Taxes on the consumption or sale of electricity. ‘ •
  40. Taxes on The sale or purchase of goods other than newspapers.
  41. Taxes on advertisements other than advertisements published in the newspapers 2[and advertisements broadcast by radio or television].
  42. Taxes on goods and passengers carried by road or on inland waterways.
  43. Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of this schedule.
  44. Taxes on animals and boats.
  45. Tolls.
  46. Taxes on professions, trades, callings and employments.
  47. Capitation taxes.
  48. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.
  49. Rates of stamp duty in respect of documents other than those specified in the provisions of List 1 of the constitution with regard to rates of stamp duty.
  50. Offences against laws with respect to any of the matters in this List.
  51. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this schedule.
  52. Fees in respect of any of the matters in this schedule, but not including fees taken in any court.
  53. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II of the Constitution and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
  54. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.
  55. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.’
  56. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement .of this Constitution subject to their personal law.
  57. Transfer of property other than agricultural land; registration of deeds and documents.
  58. Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
  59. Actionable wrongs.
  60. Bankruptcy and insolvency.
  61. Trust and Trustees.
  62. Administrators-general and official trustees.
  63. Administration of justice; constitution and organisation of all courts, except the Supreme Court and the high Courts.
  64. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.
  65. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.
  66. Contempt of court, but not including contempt of the Supreme Court.
  67. Vagrancy; nomadic and migratory tribes.
  68. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
  69. Prevention of cruelty to animals.
  70. Forests.
  71. Protection of wild animals and birds.
  72. Adulteration of foodstuffs and other goods.
  73. Drugs and poisons subject to the provisions of this schedule with respect to opium.
  74. Economic and social planning.
  75. Population control and family planning
  76. Commercial and industrial monopolies, combines and trusts.
  77. Trade unions; industrial and labour disputes.
  78. Social security and social insurance; employment and unemployment.
  79. Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits.
  80. Education, including technical education, medical education and universities, vocational and technical training of labour.
  81. S I . Legal. medical and other professions.
  82. Charities and charitable institutions, charitable and religious endowments and religious institutions.
  83. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
  84. Vital statistics including registration of births and deaths.
  85. Ports other than those declared by or under law made by Parliament or existing law to be major ports.
  86. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
  87. Trade and commerce in, and the production, supply and distribution of
    1. the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;
    2. foodstuffs, including edible oilseeds and oils;
    3. cattle fodder, including oil cakes and other concentrates;
    4. raw cotton, whether ginned or unginned, and cotton seed; and
    5. raw jute.
  88. Weights and measures except establishment of standards.
  89. Price control.
  90. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
  91. Factories.
  92. Boilers.
  93. Electricity.
  94. Newspapers, books and printing presses.
  95. Archaeological sites and remains other than those 2[declared by or under law made by Parliament] to be of national importance.
  96. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
  97. Acquisition and requisitioning of property.
  98. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
  99. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp, duty.
  100. Inquiries and statistics for the purposes of any of the matters specified herein.
  101. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this schedule.
  102. Fees in respect of any of the matters in this schedule but not including fees taken in any court

MEANWHILE

West Bengal govt agrees on interim council in Darjeeling hills – but according to to Bengal or Gorkha terms, yet to be seen ?!!

Buddhadeb Bhattacharjee - being magnanimous at last, nothing to lose and everything to gain ?!!

From Daily News Analaysis

Kolkata, Thursday, Aug 5, 2010, 21:52 IST (PTI): The West Bengal government has broadly agreed on the Centre’s draft proposal to set up an interim council in Darjeeling, replacing the Darjeeling Gorkha Hill Council which runs the administration in the hills, home secretary Samar Ghosh said today.

With the Centre keen on the interim arrangement in Darjeeling, the state government has held talks with political parties other than the GJM to elicit their views in the run up to the next round of tripartite talks on August 17. The Centre has so far been speaking only to the Gorkha Janmukti Morcha (GJM).

Ghosh said that the political parties were told to submit their views in writing before August 6, which would be communicated to the Centre by August 9.

Setting up an interim council required legislation, which needed time and a session in the house. It could even be done through ordinance to save time, he said.

The non-GJM parties in the hills have opposed an interim arrangement and demanded restoration of law and order and the democratic process first.

The GJM, which has been spearheading a movement in the Darjeeling hills for a separate state of Gorkhaland, has now settled for an interim council which should also have under its jurisdiction the Siliguri and Dooars and the Terai in the plains in neighbouring Jalpaiguri district.

The DGHC at present only administers the three hill subdivisions of Darjeeling district – Darjeeling, Kurseong and Kalimpong – and not Siliguri subdivision in the plains.

“The area is not a major issue for the government,” Ghosh added.

Mamata to look into Darjeeling issue – with cultural grace ?!!

FROM TARA TV

Kolkata, 2010-08-05 [12:57:00 hrs]: The Trinamool Congress chief Mamata Banerjee is likely to make a trip to Darjeeling after the current session of the Lok Sabha to find a way out of the present impasse. She has stated that many organisations of Darjeeling, including common people as well as the All Bengal Gorkha League have contacted her. She said, ‘I’ll take up the issue after the monsoon session.’

The central government is also keeping Mamata Banerjee in the loop during discussions with leaders of the Gorkha Jonomukti Morcha (GJM). In most tripartite talks between the centre, GJM and the state government, Dinesh Trivedi, minister of state for Health usually represents the TMC.

A section of officials of the home ministry think that Mamata’s intervention might lead to a solution of the never-ending Darjeeling problem.

Meanwhile, Bimal Gurung, the GJM leader has announced that all offices of the Darjeeling Hill Council excepting the education department would remain closed from August 6.

The next tripartite meeting is scheduled for late this month.

Meanwhile, Subas Ghising, the former chief of the DGHC (Darjeeling Gorkha Hill Council) called on the union Home Minister P Chidambaram in Delhi. He has reportedly suggested that minor changes in the sixth schedule of the constitution could provide greater autonomy for the hill people. (totally discredited ?!!)

The Gorkha leader Dawa Sherpa said that if the killers of Madan Tamang were not arrested within a month then they would start a hunger strike in front of Writer’s Building.

Mamata’s Darjeeling trip plan brings cheer to govt, Hill groups – for Bengal only ?!!

Mamata Banerjee - looking for a just, constitutional and permanent solution ?!!

From The Indian Express

By Sabyasachi Bandopathyay

Kolkata: Fri Aug 06 2010, 03:31 hrs: Trinamool Congress chief Mamata Banerjee’s announcement — that she would visit Darjeeling after the monsoon session of Parliament — has been welcomed both by the state government and the political outfits of the Hills including the Gorkha Janmukti Morcha.

On Wednesday, Banerjee had announced in Delhi that she would visit Darjeeling and sit with all sections of people to find a way out of the problem. “Various sections of people from Darjeeling have got in touch with me and I have told them I would visit the Hills after the monsoon session is over on August 27,” Banerjee said.

The state government was the first to welcome the Trinamool leader’s declaration.

“It is good that she is going there,” said Ashok Bhattacharya, Minister for Urban Development. “A host of Left Front leaders including Tourism minister Manab Mukherjee, PWD minister Kshiti Goswami and I have already visited Darjeeling. We have invited chief minister Buddhadeb Bhattacharjee to visit there. This is how the process of bringing normalcy back to the Hills is being pursued.”

The All India Gorkha League said they had already sent a memorandum to Mamata, placing their demands before her. “We are looking forward to her visit here,” said Dawa Sherpa, working president of the Gorkha League.

Welcoming Mamata’s visit, the GJM, meanwhile, criticised the state government for inviting other political outfits for the talks. “We welcome Mamataji here,” said Morcha spokesperson Roshan Giri. “But we warn the state government that they should not play with fire by inviting others for talks who have no base in the Hills. This move of the state government is just aimed at destabilising the tripartite talks.”

On August 3, the state government had a meeting with representatives of groups like AIGL, GNLF (C) and the Sikkim Darjeeling Ekhikaran Manch. In the meeting, the government had placed the Centre’s proposal on the contours of the interim council for Darjeeling.

The next tripartite talks among the GJM, the Centre and the state is going to be held in Delhi on August 17.

On Thursday, the Morcha also got back into the agitation mode, ordering the closure of all DGHC offices from Friday. “Only the offices of the education department will be open on Fridays,” Giri said.

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