Memorandum of Understanding

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Country/entity: India
Assam
Region: Asia and Pacific
Agreement name: Memorandum of Understanding
Date: 1 Apr 1995
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
India-Adivasi Conflicts (1955 - ) (Northeast India)
Several of seven sister states in Northeast India have had ongoing conflicts with the central Indian government, as well as among themselves following India's independence from the British Empire in 1947. Northeast India, in particular, lags behind the rest of India in infrastructure development. Tensions also exist between the various ethnic groups and Indian nationals migrated from elsewhere.

Bodoland:
The Bodo are a predominantly Christian group of about four million people living in the mountainous region of eastern Assam, India. Since 1986, the guerrilla organization – the National Democratic Front of Bodoland (NDFB) – fought for independence of Bodoland. An initial truce was signed in 1989 and negotiations began with the Assam government. However, the NDFB resumed the conflict and new attempts to reach a peace settlement have not been successful. In 2005, a faction of the NDFB entered negotiations and signed a ceasefire agreement after suffering heavy losses. This splintered the NDFB and more radical factions that continue to fight.

Darjeeling:
Gorkhas in the state of West Bengal waged a guerrilla war against the central government from 1986-1988. Anti-foreign riots started in 1979 after a steady infiltration of Hindus and Muslims from other parts of Bengal. Tensions continued until the Accord of Darjeeling peace agreement was concluded in 1988. This accord provided for an autonomous Gorkha district around Darjeeling, which would remain part of West Bengal. It was implemented in The Darjeeling Gorkha Hill Council (Amendment) Act of 1994. After 2007, a second wave of enthusiasm for Gorkhaland was revived by the Gorkha Janmukti Morcha, however, this time by non-violent means. Nonetheless, the introduction of Bengali into schools, raised tensions in a Nepali-speaking region and as of 2017 conflict appears to be increasing.

Hmar:
Tension in Mizoram were primarily due to political domination by the Assamese over the Mizo. The Mizo National Front was formed in 1961 in the aftermath of a devastating famine in the Mizo Hills in objection to Indian Government response, or lack of. With popular support the MNF staged an uprising in 1966, but was unable to take control. It was only in 1986 that a peace accord was signed granting Mizoram statehood and the MNF became a political party. The same year the Hmar People's Convention was formed as a political party advocating for the rights of the Hmar which were ignored by the 1986 peace accord. The movement aimed to create an autonomous state in the north of Mizoram. A 1994 agreement between the HPC and Indian government resulted in the formation of the Sinlung Hills Development Council. However, a splinter group - the Hmar People's Convention-Democracy - was formed in 1995 demanding a separate administration.

Manipur:
The Manipur insurgency is linked to national, ethnic and political identity issues that occupy many of the conflicts in India's northeast that emerged following the independence of India in 1947. Among the largest groups are the United National Liberation Front, the People's Revolutionary Party of Kangleipak, the People's Liberation Army of Manipur, and the Kanleipak Communist Party. The conflict continues as of 2017.

Nagaland:
The exception is Nagaland, wherein tensions predate 1947 and the Nagas announced their intention to declare independence from Britain. Indian authorities moved troops into the region in 195. Nagaland was eventually declared a state in 1963 and an agreement, the Shillong Accord, was signed between the Naga National Council and Indian Government in 1975. In 1980 the Nationalist Socialist Council of Nagaland (NSCN) was formed due to dissatisfaction with the Shillong Accord with the aim of Naga independence. It split into two factions in 1988. Over 80 rounds of peace talks from 1999 onwards led to little until the signing of the Naga Peace Accord in 2015.

Tripura:
Tensions emerged in Tripura between Bengali-speaking settlers and local ethnic groups during the 1970s. In 1989 the National Liberation Front of Tripura was founded followed by the establishment of the All Tripura Tiger Force the next year. Whilst the Christian NLFT seeks independence from India, the Hindu ATTF's sole goal is the expulsion of all Bengali-speakers from the state.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: India-Assam agreement
Parties: Sd/-(DHOROM SING TERON) CHAIRMAN, ASDC
Sd/-(ROBINDRA RONGPI) PRESIDENT, KARBI STUDENTS' ASSOCIATION (KSA)
Sd/-(PRAKANTO W ARISA) PRESIDENT, NORTH CACHAR HILLS STUDENT'S FEDERATION (NCHSF)
Sd/-(JOITHON LONGMAILAI), PRESIDENT, DIMASA STUDENT'S UNION (DSU)
Sd/-(HOLIRAM TERANG) SPOKESMAN, ASDC
Sd/-(JAYANTA RONGPI) SPOKESMAN, ASDC
Sd/(HITESHSWAR SAIKIA) CHIEF MINISTER OF ASSAM
Third parties: In the Presence of (SHRI S. B. CHAVAN) HON'BLE UNION HOME MINISTER.
Description: This agreement provides for reforming parts of the constitution in order to grant greater devolved executive and legislative powers to the Karbi Anglong Autonomous Council and the North Cachar Hills Autonomous Council.

Agreement document: IN_950401_Memorandum of Understanding.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 6, 3. (v)
Action will be initiated for necessary amendment of the Sixth Schedule to provide for exercise of discretionary powers by the Governor of Assam in respect of matters specifically indicated or entrusted to the Councils in the manner provided for the paragraph 20-BB of the Sixth Schedule of the Constitution. However, the present formulation in paragraph 20-BB may be modified to provide that in addition to the Council of Ministers, the Governor shall consult the District Council by omitting the words "and if he thinks it
necessary". Additional provisions viz. paragraph 2 (6), 2 (6A) excluding the first proviso thereunder, 8 (4) and 10 (3) may also be brought within the purview of para 20-BB.

Page 6, 3. (vi)
Para 14 (2) of the Sixth Schedule be modified by omitting the words "with the recommendations of the Governor with respect thereto".

Page 6, 3. (vii)
The State Government would propose to the Central Government to examine the feasibility of bringing paragraphs 4 (3), 4 (5), 12 (I) (b) and 17 of the Sixth Schedule within the purview of paragraph 20-BB.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 2-3, 3. (i)
Following initiation of a dialogue by Chief Minister, Assam in January 1992 with the leaders of the Hill Tribals, a series discussions have been held by the Union Home Minister. The following understanding has been reached : -
The Autonomous District Councils of Karbi Anglong and the North Cachar Hills District will be renamed as KARBI ANGLONG AUTONOMOUS COUNCIL AND THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL;

Page 3, 3. (ii)
The jurisdiction of the two Councils for the exercise of executive powers will extend to the subjects/departments listed in Annexure-I. A resolution to this effect will also be passed by the State Legislature. To the above extend, the executive powers of the State will stand delegated to the above Councils;

Page 3-5, 3. (iv)
Action will be urgently initiated for amendment of Para (1) of the Sixth Schedule for transferring legislative powers to the Councils in respect of the following subjects, in addition to powers already available to them under the Sixth Schedule;
(a) Industries, subject to the provisions of entries 7 and 52 of List I of Seventh Schedule;
(b) Communications, that is to say roads, bridges, ferries and other means of communication not specified in List I: municipal tramways, ropeways, inland waterways and traffic thereonsubject to the provisions of List I and List III with regard to such waterways; vehicles other than mechanically propelled vehicles;
(c) Preservation, Protection and improvement of stock and prevention of animal diseases;
veterinary training and practice; and Cattle Pounds;
(d) Primary and Secondary Education;
(e) Agriculture, including agricultural education and research, protection against posts and provention of plat diseases;
(f) Fisheries;
(g) Water, that is to say water supplied, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I;
(h) Social security and social insurance, employment and unemployment;
(i) Flood control schemes for protection of villages, paddy fields, markets, town etc. (not of technical nature);
(j) Theaters and dramatic performances, cinemas subject to the provisions of entry 60 of List I; Sports, entertainments and amusements;
(k) Public Health and sanitation, hospitals and dispensaries;
(1) Minor irrigation;
(m) Trade and Commence in, and the production, supply and distribution of Foodstuffs, Cattlefodder, raw cotton and raw jute; and
(n) Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national important.
Additional, the feasibility of inclusion of "alienation of land" in Clause (a) of Sub-para (I) of para 3 of the Sixth Schedule will be examined. The laws relating to List III of the Seventh Schedule of the Constitution enacted by the Councils shall be reserved for consideration and approval of the President.

Page 6, 3. (v)
Action will be initiated for necessary amendment of the Sixth Schedule to provide for exercise of discretionary powers by the Governor of Assam in respect of matters specifically indicated or entrusted to the Councils in the manner provided for the paragraph 20-BB of the Sixth Schedule of the Constitution. However, the present formulation in paragraph 20-BB may be modified to provide that in addition to the Council of Ministers, the Governor shall consult the District Council by omitting the words "and if he thinks it necessary". Additional provisions viz. paragraph 2 (6), 2 (6A) excluding the first proviso thereunder, 8 (4) and 10 (3) may also be brought within the purview of para 20-BB.

Page 6, 3. (vi)
Para 14 (2) of the Sixth Schedule be modified by omitting the words "with the recommendations of the Governor with respect thereto".

Page 6, 3. (vii)
The State Government would propose to the Central Government to examine the feasibility of bringing paragraphs 4 (3), 4 (5), 12 (I) (b) and 17 of the Sixth Schedule within the purview of paragraph 20-BB.

Page 7, 3. (viii)
While law and order will continue to be the responsibility of the State Government, it would, however, evolve a mechanism for consultation with the C.E.M. of the Council concerned regarding the posting of senior Police and law and order Officers i.e. the Superintendent of Police and below the Deputy Commissioner and below in the area of the Councils. Similarly, the State Government will also evolve a mechanism for associating the C.E.M. of the Council concerned in the performance appraisal/recording of Confidential Report in respect of the above-mentioned Officers in accordance with the procedure being followed by the State Government.

Page 7, 3. (ix)
In the finalisation of the Annul Plan, for the discussions with the Planning Commission, Officers of the Councils would be included in the State delegation.

Page 7, 3. (x)
The feasibility of separately mentioned the funds meant for the areas of the Councils in the releases made by the Union Government and the modalities for the same will be examined urgently.

Page 7, (xi)
A suitable mechanism will be evolved to monitor the adequacy and promptitude in release to the Councils by the State Government of funds meant for the Councils.

Page 10-11, Annexure-I, DEPARTMENT FOR ENTRUSTMENT TO THE N.C. HILLS & KARBI ANGLONG AUTONOMOUS DISTRICT COUNCILS UNDER PARA 5 (2) OF SIXTH SCHEDULE TO THE CONSTITUTION OF INDIA
1. Industry.
2. Animal Husbandry & Veterinary.
3. Forest.
4. Agriculture.
5. P.W.D.
6. Sericulture.
7. Education:
8. Cultural Affairs.
9. Soil Conservation.
10. Co-operation.
(A) Primary Education upto level of Higher Secondary Education.
(B) Adult Education.
11. Fisheries.
12. Panchayat and Rural Development including DRDA.
13. Handloom & Textile.
14. Health & Family Welfare.
15. Public Health Engineering.
16. Irrigation.
17. Social Welfare.
18. Flood Control Department.
19. Sports & Youth Welfare.
20. Weight & Measure.
21. Food & Civil Supplies.
22. Town & Country Planning.
23. College Education (General), including Library Services, District Museum & Archeology.
24. Land Reforms.
25. Publicity /Public Relation.
26. Printing & Stationery.
27. Tourism.
28. Transport.
29. Excise.
30. Finance including Sales Tax on purchase of good other than Newspapers, Excise, Professional Tax.
Power sharing→Territorial power sharing→Other
Page 2, 1.
Representative Organisations of Karbi Anglong and North Cachar Hills Districts, which are governed under the aegis of the Sixth Schedule to the Constitution, have been feeling dissatisfied with the quantum of autonomy available under the said Schedule. Resultantly, there has been a demand for constituting an Autonomous State within Assam under Article 244-A of the Constitution comprising the two districts.

Page 2, 2.
Keeping in view the strong commitment of the Central Government, the Government of Assam and Organisations signatory to this MoU, to uphold the integrity of the State of Assam and not to take recourse to any further reorganization and division of the State, efforts continued in direction of finding a solutions within the framework of the Sixth Schedule of the Constitution.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 3, 3. (iii)
The State Government will, before the beginning of the financial year, give an indication to the Councils of the overall financial allocations for them. The Councils will, thereafter, prepare and pass their own budget and forward it to the State Government for being included in the overall State budget. Ordinarily, no change will be made in the budget as proposed by the Councils. However, if for any reasons it becomes necessary to do so, the Councils would be consulted and would be explained the reasons for change;
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 3-5, 3. (iv)
Action will be urgently initiated for amendment of Para (1) of the Sixth Schedule for transferring legislative powers to the Councils in respect of the following subjects, in addition to powers already available to them under the Sixth Schedule;
(c) Preservation, Protection and improvement of stock and prevention of animal diseases;
veterinary training and practice; and Cattle Pounds;
(e) Agriculture, including agricultural education and research, protection against posts and provention of plat diseases;
(i) Flood control schemes for protection of villages, paddy fields, markets, town etc. (not of technical nature);
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Page 3-5, 3. (iv)
Action will be urgently initiated for amendment of Para (1) of the Sixth Schedule for transferring legislative powers to the Councils in respect of the following subjects, in addition to powers already available to them under the Sixth Schedule;
(a) Industries, subject to the provisions of entries 7 and 52 of List I of Seventh Schedule;...(m) Trade and Commence in, and the production, supply and distribution of Foodstuffs, Cattlefodder, raw cotton and raw jute;...

Page 10, Annexure-I, DEPARTMENT FOR ENTRUSTMENT TO THE N.C. HILLS & KARBI ANGLONG AUTONOMOUS DISTRICT COUNCILS UNDER PARA 5 (2) OF SIXTH SCHEDULE TO THE CONSTITUTION OF INDIA
1. Industry.
Taxation: Socio-economic reconstruction→Taxation→Power to tax
Page 11, Annexure-I, DEPARTMENT FOR ENTRUSTMENT TO THE N.C. HILLS & KARBI ANGLONG AUTONOMOUS DISTRICT COUNCILS UNDER PARA 5 (2) OF SIXTH SCHEDULE TO THE CONSTITUTION OF INDIA
...
29. Excise.
30. Finance including Sales Tax on purchase of good other than Newspapers, Excise, Professional Tax.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 11, Annexure-I, DEPARTMENT FOR ENTRUSTMENT TO THE N.C. HILLS & KARBI ANGLONG AUTONOMOUS DISTRICT COUNCILS UNDER PARA 5 (2) OF SIXTH SCHEDULE TO THE CONSTITUTION OF INDIA
...24. Land Reforms.
Land, property and environment→Land reform/rights→Other land rights
Page 5, 3. (iv)
...Additional, the feasibility of inclusion of "alienation of land" in Clause (a) of Sub-para (I) of para 3 of the Sixth Schedule will be examined. The laws relating to List III of the Seventh Schedule of the Constitution enacted by the Councils shall be reserved for consideration and approval of the President.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 5, 3. (iv)
Action will be urgently initiated for amendment of Para (1) of the Sixth Schedule for transferring legislative powers to the Councils in respect of the following subjects, in addition to powers already available to them under the Sixth Schedule;
...(n) Libraries, museums and other similar institutions controlled or financed by the State; ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national important...
Land, property and environment→Cultural heritage→Promotion
Page 10-11, Annexure-I, DEPARTMENT FOR ENTRUSTMENT TO THE N.C. HILLS & KARBI ANGLONG AUTONOMOUS DISTRICT COUNCILS UNDER PARA 5 (2) OF SIXTH SCHEDULE TO THE CONSTITUTION OF INDIA
...8. Cultural Affairs.
Environment: Page 3-5, 3. (iv)
Action will be urgently initiated for amendment of Para (1) of the Sixth Schedule for transferring legislative powers to the Councils in respect of the following subjects, in addition to powers already available to them under the Sixth Schedule;
...(i) Flood control schemes for protection of villages, paddy fields, markets, town etc. (not of technical nature);...

Page 10-11, Annexure-I, DEPARTMENT FOR ENTRUSTMENT TO THE N.C. HILLS & KARBI ANGLONG AUTONOMOUS DISTRICT COUNCILS UNDER PARA 5 (2) OF SIXTH SCHEDULE TO THE CONSTITUTION OF INDIA
...18. Flood Control Department.
Water or riparian rights or access: Page 3-5, 3. (iv)
Action will be urgently initiated for amendment of Para (1) of the Sixth Schedule for transferring legislative powers to the Councils in respect of the following subjects, in addition to powers already available to them under the Sixth Schedule;
...(f) Fisheries;...(g) Water, that is to say water supplied, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I;...(1) Minor irrigation;

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 7, 3. (viii)
While law and order will continue to be the responsibility of the State Government, it would, however, evolve a mechanism for consultation with the C.E.M. of the Council concerned regarding the posting of senior Police and law and order Officers i.e. the Superintendent of Police and below the Deputy Commissioner and below in the area of the Councils. Similarly, the State Government will also evolve a mechanism for associating the C.E.M. of the Council concerned in the performance appraisal/recording of Confidential Report in respect of the above-mentioned Officers in accordance with the procedure being followed by the State Government.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: http://artassam.nic.in/Hills%20Areas%20Deptt/Memorandum%20of%20Understanding.pdf

MEMORANDUM OF UNDERSTANDING

1. Representative Organisations of Karbi Anglong and North Cachar Hills Districts, which are governed under the aegis of the Sixth Schedule to the Constitution, have been feeling dissatisfied with the quantum of autonomy available under the said Schedule.

Resultantly, there has been a demand for constituting an Autonomous State within Assam under Article 244-A of the Constitution comprising the two districts.

Keeping in view the strong commitment of the Central Government, the Government of Assam and Organisations signatory to this MoU, to uphold the integrity of the State of Assam and not to take recourse to any further reorganization and division of the State, efforts continued in direction of finding a solutions within the framework of the Sixth Schedule of the Constitution.

Following initiation of a dialogue by Chief Minister, Assam in January 1992 with the leaders of the Hill Tribals, a series discussions have been held by the Union Home Minister.

The following understanding has been reached :

The Autonomous District Councils of Karbi Anglong and the North Cachar Hills District will be renamed as

KARBI ANGLONG AUTONOMOUS COUNCIL AND THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL;

The jurisdiction of the two Councils for the exercise of executive powers will extend to the subjects/ departments listed in Annexure-I. A resolution to this effect will also be passed by the State Legislature.

To the above extend, the executive powers of the State will stand delegated to the above Councils;

The State Government will, before the beginning of the financial year, give an indication to the Councils of the overall financial allocations for them.

The Councils will, thereafter, prepare and pass their own budget and forward it to the State Government for being included in the overall State budget.

Ordinarily, no change will be made in the budget as proposed by the Councils.

However, if for any reasons it becomes necessary to do so, the Councils would be consulted and would be explained the reasons for change;

Action will be urgently initiated for amendment of Para

of the Sixth Schedule for transferring legislative powers to the Councils in respect of the following subjects, in addition to powers already available to them under the Sixth Schedule;

Industries, subject to the provisions of entries 7 and 52 of List I of Seventh Schedule;

Communications, that is to say roads, bridges, ferries and other means of communication not specified in List I:

municipal tramways, ropeways, inland waterways and traffic thereon subject to the provisions of List I and List III with regard to such waterways;

vehicles other than mechanically propelled vehicles;

Preservation, Protection and improvement of stock and prevention of animal diseases;

veterinary training and practice;

and Cattle Pounds;

Primary and Secondary Education;

Agriculture, including agricultural education and research, protection against posts and provention of plat diseases;

(f) Fisheries;

(g) Water, that is to say water supplied, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of List I;

(h) Social security and social employment and unemployment;

insurance,

(i) Flood control schemes for protection of villages, paddy fields, markets, town etc. (

not of technical nature);

0) Theaters and dramatic performances, cinemas subject to the provisions of entry 60 of List I;

Sports, entertainments and amusements;

Public Health and sanitation, hospitals and dispensaries;

Minor irrigation;

Trade and Commence in, and the production, supply and distribution of Foodstuffs, Cattle fodder, raw cotton and raw jute;

and

Libraries, museums and other similar institutions controlled or financed by the State;

ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national important.

Additional, the feasibility of inclusion of "alienation of land" in Clause (a) of Sub-para (I) of para 3 of the Sixth Schedule will be examined.

The laws relating to List III of the Seventh Schedule of the Constitution enacted by the Councils shall be reserved for consideration and approval of the President.

Action will be initiated for necessary amendment of the Sixth Schedule to provide for exercise of discretionary powers by the Governor of Assam in respect of matters specifically indicated or entrusted to the Councils in the manner provided for the paragraph 20-BB of the Sixth Schedule of the Constitution.

However, the present formulation in paragraph 20-BB may be modified to provide that in addition to the Council of Ministers, the Governor shall consult the District Council by omitting the words "and if he thinks it necessary".

Additional provisions viz.

paragraph 2 (6) ,

2 (6A) excluding the first proviso thereunder, 8 (4) and 10 (3) may also be brought within the purview of para 20-BB.

Para 14 (2) of the Sixth Schedule be modified by omitting the words "with the recommendations of the Governor with respect thereto".

The State Government would propose to the Central Government to examine the feasibility of bringing paragraphs 4 (3), 4 (5) , 12 (I) (b) and 17 of the Sixth Schedule within the purview of paragraph 20-BB.

While law and order will continue to be the responsibility of the State Government, it would, however, evolve a mechanism for consultation with the

C.E.M. of the Council concerned regarding the posting of senior Police and law and order Officers i.e. the Superintendent of Police and below the Deputy Commissioner and below in the area of the Councils.

Similarly, the State Government will also evolve a mechanism for associating the C.E.M. of the Council concerned in the performance appraisal/ recording of Confidential Report in respect of the above-mentioned Officers in accordance with the procedure being followed by the State Government.

(ix) In the finalisation of the Annul Plan, for the discussions with the Planning Commission, Officers of the Councils would be included in the State delegation.

The feasibility of separately mentioned the funds meant for the areas of the Councils in the releases made by the Union Government and the modalities for the same will be examined urgently.

A suitable mechanism will be evolved to monitor the adequacy and promptitude in release to the Councils by the State Government of funds meant for the Councils.

Signed a New Delhi, on April 1, 1995, by

Sd/ -

(DHOROM SING TERON) CHAIRMAN, ASDC

Sd/ -

(ROBINDRA RONGPI) PRESIDENT,

KARBI STUDENTS' ASSOCIATION (KSA)

Sd/ -

(PRAKANTO WARISA) PRESIDENT,

NORTH CACHAR HILLS STUDENT'S FEDERATION (NCHSF)

Sd/ -

(JOITHON LONGMAILAI), PRESIDENT,

DIMASA STUDENT'S UNION (DSU)

Sd/ -

(HOLIRAM TERANG) SPOKESMAN, ASDC

Sd/ -

(JAYANTA RONGPI) SPOKESMAN, ASDC

Sd/

(HITESHSWAR SAIKIA)

CHIEF MINISTER OF ASSAM

In the Presence of

(SHRI S. B. CHAVAN) HON'BLE UNION HOME MINISTER.

ANNEXU RE - 1

DEPARTMENT FOR ENTRUSTMENT TO THE N.C. HILLS & KARBI ANGLONG AUTONOMOUS DISTRICT COUNCI LS UNDER PARA 5 (2) OF SI XTH SCHEDULE

TO THE CONSTITUTION OF I NDIA

Industry.

Animal Husbandry & Veterinary.

Forest.

Agriculture.

P.W.D.

Sericulture.

7. Education :

(A) Primary Education upto level of

Higher Secondary Education.

(B) Adult Education.

Cultural Affairs.

Soil Conservation.

Co-operation.

Fisheries.

Panchayat and Rural Development including DRDA.

Handloom & Textile.

Health & Family Welfare.

Public Health Engineering.

Irrigation.

Social Welfare.

Flood Control Department.

Sports & Youth Welfare.

Weight & Measure.

2 1. Food & Civil Supplies.

Town & Country Planning.

College Education (General), including Library Services, District Museum & Archeology.

Land Reforms.

Publicity / Public Relation.

Printing & Stationery.

Tourism.

Transport.

Excise.

Finance including Sales Tax on purchase of good other than Newspapers, Excise, Professional Tax.