Memorandum of Settlement

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Country/entity: India
Bodoland
Region: Asia and Pacific
Agreement name: Memorandum of Settlement
Date: 27 Jan 2020
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: India Bodoland peace process
Parties: Lawrence Islary
General Secretary, ABSU

Pramod Boro
President, ABSU

Ranjan Dalmary
NDFB

Gbbinda Basumatary
NDFB

B. Saoraigwra
NDFB

Dhirendra Boro
NDFB

Mihineswar Basumatary
President, UBPO

Kumar Sanjay Krishna
Chief Secretary, Govt. of Assam

Satyendra Garg
Joint Secretary (NE) MHA
Third parties: Signing of the agreement is witnessed by: -

Hagrama Mohilary
(CEM, BTC)

Himanta Biswa Sarma
(Cabinet Minister, Assam)

Sarbananda Sonowal
(CM, Assam)
Description: This agreement deals primarily with development initiatives and the running of Bodoland territories. It also includes provisions related to the disarmament and reintegration of NDFB factions.

Agreement document: IN_200127_Memorandum-of-Settlement-BTAD-2.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Other
Page 5, 10. Special Developmental Package
10.2 Bodo youth will be considered for recruitment in Army, Paramilitary forces and Police to increase their representation in the forces. Pre-recruitment training rallies will be organized by the agencies to facilitate the process.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Also see cross-reference with indigenous group.

Page 1,
1. The Government of India and Government of Assam have been making concerted efforts to fulfill the political, economic, social, cultural and identity related aspirations of Bodo people. Tripartite agreements in 1993 and 2003 were signed leading to creation of Bodoland Autonomous and Bodoland Territorial Councils under the Sixth Schedule to the Constitution for Bodo inhabited areas in Assam. ABSU and its associated organizations as well as various factions of NDFB continued with the demand for separate Statehood. Negotiations were held with Bodo organizations for a comprehensive and final solution to their demands while keeping intact the territorial integrity of the State of Assam.

Page 1, 2. Objectives of the MoS
i. to augment area and powers of BTC and streamline its functioning;
ii. to address issues relating to Bodos residing outside BTAD;
iii. to promote and protect social, cultural, linguistic and ethnic identities of Bodos;
iv. to provide legislative safeguards for land rights of tribals;
v. to ensure accelerated development of tribal areas; and
vi. to rehabilitate members of NDFB factions.

Page 1, 3. Alteration of Area of BTAD
3.1 A commission will be appointed under Paragraph 14 of the Sixth Schedule to the Constitution soon after signing of the MoS to examine and recommend on the following:-
i. Inclusion of villages contiguous to BTAD and having majority tribal population, as demanded by Bodo organisations.
ii. Exclusion of villages currently under BTAD which are contiguous to non-Sixth Schedule areas and have majority non tribal population.
iii. Increase in constituencies of BTC upto the maximum of 60 seats after alteration in the area, without adversely affecting the existing percentage of reservation for tribals.
3.2 The Commission will include representatives of the State Government as well as other stakeholders incuding ABSU and BTC as its members. It will submit its recommendation within six months from the date of notification.
3.3 The existing Bodoland Territorial Areas District (BTAD) shall be renamed as Bodoland Territorial Region comprising area covered under BTAD.
3.4 Government of Assam may consider reorganizing the districts consequent to alteration of area of BTAD on administrative considerations.

Page 2, 4. Review of Powers and Functions of BTC
4.1 The process of BTC to have more legislative, executive, administrative and financial powers in respect of additional subjects as enumerated at Annexure-I will be initiated within 90 days.
4.2 Principal Secretary, BTC will have monitoring powers of Registration Department within BTAD area.
4.3 Amendments to Article 280 and the Sixth Schedule to the Constitution as per the Constitution (One Hundred and Twenty-Fifth Amendment) Bill, 2019 to improve the financial resources and administrative powers of BTC has been initiated. The Constitution Amendment Bill was introduced in the Parliament in January, 2019.
4.4 Executive functions of BTC shall be exercised through its Chief Executive Officer not below the rank of Principal Secretary to Government of Assam. Senior most officers of various Departments of BTC shall not be below the rank of Addl. Secretary to Government of Assam.
4.5 Deputy Commisioners and Superintendents of Police of the districts within BTAD will be posted normally in consultation with Chief Executive Member of BTC.
4.6 Deputy Commisioners in BTAD will report to Chief Executive Member of BTC through Chief Executive Officer in respect of all developmental activities in their districts with regard to the responsibilities assigned to them by BTC.
4.7 A tripartite mechanism, headed by the Cabinet Minister of Government of Assam looking after BTC affairs, and with Chief Executive Member of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) the status of all laws/regulations passed by BTC and sent to the State Government for assent of Governor of Assam.
4.8 A tripartite mechanism headed by the Chief Secretary of Government of Assam and having Chief Executive Officer of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) status of all proposals of BTC pending with the State Government relating to creation of new posts and posting of officers to the vacant posts.

Page 3, 5. Provisions for Bodos outside BTAD
5.1 Government of Assam shall set up a Bodo-Kachari Welfare Council for focussed development of Bodo villages outside BTAD in the lines of other existing Councils for Plains Tribes. State Government will consult Bodo organisations and existing Councils before notifying areas to be included in the proposed Bodo-Kachari Council.
5.2 An Advisory Committee comprising representatives of Government of Assam, BTC and Bodo-Kachari Welfare Council shall be set up to identify specific developmental needs of Bodo villages outside BTAD and advise the State Government.
5.3 Government of Assam shall take effective measures to confer rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on tribals living in the forest areas outside BTAD in accordance with prescribed procedure under the Act.

Page 3, 6. Issues relating to identity, language, education, etc.
6.1 Government of India will implement the commitment made in the earlier agreement in 2003 to include Bodo-Kacharis living in Karbi Anglong and Dima Hasao Districts in the ST (Hill) list of Assam in a time-bound manner.
6.2 Government of Assam will notify Bodo language in Devanagri script as an associate official language in the State.
6.3 Government of Assam will initiate measures to provincialise (i) schools and colleges established in BTAD, and (ii) Bodo medium schools outside BTAD, as per special need and requirement. The State Govt. will also take measures to appoint lecturers in Bodo Departments in colleges outside BTAD as a special consideration.
6.4 Government of Assam will establish a separate Directorate for Bodo medium schools in the State.
6.5 A Cultural Complex-cum-Centre of Excellence in the name of Bodofa Upendranath Brahma will be established at Thulunghapuri (Kokrajhar District). The Centre will study and recommend measures for protection and promotion of language, culture, identity, etc. of Bodos residing in Assam as well as other States of India. The Centre will be managed by BTC with financial assistance from both Central and the State Governments.

Page 4, 7. Issues related to Land Rights
7.1 Government of Assam may consider enacting a special legislation to provide adequate safeguards to land rights of STs living outside tribal Belts and Blocks in areas outside BTAD.
7.2 Government of Assam will take effective measures to protect khas land, grazing land and water bodies from illegal encroachment.

Page 4, 8. Special steps to be taken by Government of Assam
8.1 Government of Assam will create a separate Department to deal with matters relating to Councils under the Sixth Schedule of the Constitution including BTC.
8.2 Government of Assam will create one post of DIG in BTAD in addition to the existing post of IG.
8.3 An Administrative Staff College will be established under BTC administration.
8.4 Government of Assam will provide financial compensation of Rs. 5 lakhs to each of next of kin of persons who lost their lives in agitations for separate State.

Page 5, 10. Special Developmental Package
10.2 Bodo youth will be considered for recruitment in Army, Paramilitary forces and Police to increase their representation in the forces. Pre-recruitment training rallies will be organized by the agencies to facilitate the process.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
Also see cross-reference with indigenous group.

Page 1,
1. The Government of India and Government of Assam have been making concerted efforts to fulfill the political, economic, social, cultural and identity related aspirations of Bodo people. Tripartite agreements in 1993 and 2003 were signed leading to creation of Bodoland Autonomous and Bodoland Territorial Councils under the Sixth Schedule to the Constitution for Bodo inhabited areas in Assam. ABSU and its associated organizations as well as various factions of NDFB continued with the demand for separate Statehood. Negotiations were held with Bodo organizations for a comprehensive and final solution to their demands while keeping intact the territorial integrity of the State of Assam.

Page 1, 2. Objectives of the MoS
i. to augment area and powers of BTC and streamline its functioning;
ii. to address issues relating to Bodos residing outside BTAD;
iii. to promote and protect social, cultural, linguistic and ethnic identities of Bodos;
iv. to provide legislative safeguards for land rights of tribals;
v. to ensure accelerated development of tribal areas; and
vi. to rehabilitate members of NDFB factions.

Page 1, 3. Alteration of Area of BTAD
3.1 A commission will be appointed under Paragraph 14 of the Sixth Schedule to the Constitution soon after signing of the MoS to examine and recommend on the following:-
i. Inclusion of villages contiguous to BTAD and having majority tribal population, as demanded by Bodo organisations.
ii. Exclusion of villages currently under BTAD which are contiguous to non-Sixth Schedule areas and have majority non tribal population.
iii. Increase in constituencies of BTC upto the maximum of 60 seats after alteration in the area, without adversely affecting the existing percentage of reservation for tribals.
3.2 The Commission will include representatives of the State Government as well as other stakeholders incuding ABSU and BTC as its members. It will submit its recommendation within six months from the date of notification.
3.3 The existing Bodoland Territorial Areas District (BTAD) shall be renamed as Bodoland Territorial Region comprising area covered under BTAD.
3.4 Government of Assam may consider reorganizing the districts consequent to alteration of area of BTAD on administrative considerations.

Page 2, 4. Review of Powers and Functions of BTC
4.1 The process of BTC to have more legislative, executive, administrative and financial powers in respect of additional subjects as enumerated at Annexure-I will be initiated within 90 days.
4.2 Principal Secretary, BTC will have monitoring powers of Registration Department within BTAD area.
4.3 Amendments to Article 280 and the Sixth Schedule to the Constitution as per the Constitution (One Hundred and Twenty-Fifth Amendment) Bill, 2019 to improve the financial resources and administrative powers of BTC has been initiated. The Constitution Amendment Bill was introduced in the Parliament in January, 2019.
4.4 Executive functions of BTC shall be exercised through its Chief Executive Officer not below the rank of Principal Secretary to Government of Assam. Senior most officers of various Departments of BTC shall not be below the rank of Addl. Secretary to Government of Assam.
4.5 Deputy Commisioners and Superintendents of Police of the districts within BTAD will be posted normally in consultation with Chief Executive Member of BTC.
4.6 Deputy Commisioners in BTAD will report to Chief Executive Member of BTC through Chief Executive Officer in respect of all developmental activities in their districts with regard to the responsibilities assigned to them by BTC.
4.7 A tripartite mechanism, headed by the Cabinet Minister of Government of Assam looking after BTC affairs, and with Chief Executive Member of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) the status of all laws/regulations passed by BTC and sent to the State Government for assent of Governor of Assam.
4.8 A tripartite mechanism headed by the Chief Secretary of Government of Assam and having Chief Executive Officer of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) status of all proposals of BTC pending with the State Government relating to creation of new posts and posting of officers to the vacant posts.

Page 3, 5. Provisions for Bodos outside BTAD
5.1 Government of Assam shall set up a Bodo-Kachari Welfare Council for focussed development of Bodo villages outside BTAD in the lines of other existing Councils for Plains Tribes. State Government will consult Bodo organisations and existing Councils before notifying areas to be included in the proposed Bodo-Kachari Council.
5.2 An Advisory Committee comprising representatives of Government of Assam, BTC and Bodo-Kachari Welfare Council shall be set up to identify specific developmental needs of Bodo villages outside BTAD and advise the State Government.
5.3 Government of Assam shall take effective measures to confer rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on tribals living in the forest areas outside BTAD in accordance with prescribed procedure under the Act.

Page 3, 6. Issues relating to identity, language, education, etc.
6.1 Government of India will implement the commitment made in the earlier agreement in 2003 to include Bodo-Kacharis living in Karbi Anglong and Dima Hasao Districts in the ST (Hill) list of Assam in a time-bound manner.
6.2 Government of Assam will notify Bodo language in Devanagri script as an associate official language in the State.
6.3 Government of Assam will initiate measures to provincialise (i) schools and colleges established in BTAD, and (ii) Bodo medium schools outside BTAD, as per special need and requirement. The State Govt. will also take measures to appoint lecturers in Bodo Departments in colleges outside BTAD as a special consideration.
6.4 Government of Assam will establish a separate Directorate for Bodo medium schools in the State.
6.5 A Cultural Complex-cum-Centre of Excellence in the name of Bodofa Upendranath Brahma will be established at Thulunghapuri (Kokrajhar District). The Centre will study and recommend measures for protection and promotion of language, culture, identity, etc. of Bodos residing in Assam as well as other States of India. The Centre will be managed by BTC with financial assistance from both Central and the State Governments.

Page 4, 7. Issues related to Land Rights
7.1 Government of Assam may consider enacting a special legislation to provide adequate safeguards to land rights of STs living outside tribal Belts and Blocks in areas outside BTAD.
7.2 Government of Assam will take effective measures to protect khas land, grazing land and water bodies from illegal encroachment.

Page 4, 8. Special steps to be taken by Government of Assam
8.1 Government of Assam will create a separate Department to deal with matters relating to Councils under the Sixth Schedule of the Constitution including BTC.
8.2 Government of Assam will create one post of DIG in BTAD in addition to the existing post of IG.
8.3 An Administrative Staff College will be established under BTC administration.
8.4 Government of Assam will provide financial compensation of Rs. 5 lakhs to each of next of kin of persons who lost their lives in agitations for separate State.

Page 5, 10. Special Developmental Package
10.2 Bodo youth will be considered for recruitment in Army, Paramilitary forces and Police to increase their representation in the forces. Pre-recruitment training rallies will be organized by the agencies to facilitate the process.
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): Governance→Political institutions (new or reformed)→General references
Page 2
4. Review of Powers and Functions of BTC
4.1 The process of BTC to have more legislative, executive, administrative and financial powers in respect of additional subjects as enumerated at Annexure-I will be initiated within 90 days.
4.2 Principal Secretary, BTC will have monitoring powers of Registration Department within BTAD area.
4.3 Amendments to Article 280 and the Sixth Schedule to the Constitution as per the Constitution (One Hundred and Twenty-Fifth Amendment) Bill, 2019 to improve the financial resources and administrative powers of BTC has been initiated. The Constitution Amendment Bill was introduced in the Parliament in January, 2019.
4.4 Executive functions of BTC shall be exercised through its Chief Executive Officer not below the rank of Principal Secretary to Government of Assam. Senior most officers of various Departments of BTC shall not be below the rank of Addl. Secretary to Government of Assam.
4.5 Deputy Commisioners and Superintendents of Police of the districts within BTAD will be posted normally in consultation with Chief Executive Member of BTC.
4.6 Deputy Commisioners in BTAD will report to Chief Executive Member of BTC through Chief Executive Officer in respect of all developmental activities in their districts with regard to the responsibilities assigned to them by BTC.
4.7 A tripartite mechanism, headed by the Cabinet Minister of Government of Assam looking after BTC affairs, and with Chief Executive Member of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) the status of all laws/regulations passed by BTC and sent to the State Government for assent of Governor of Assam.
4.8 A tripartite mechanism headed by the Chief Secretary of Government of Assam and having Chief Executive Officer of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) status of all proposals of BTC pending with the State Government relating to creation of new posts and posting of officers to the vacant posts.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 4
9. Settlement with NDFB factions
...
9.3 A committee headed by IGP, Special Branch, Assam with representatives of other Departments as members will make an assessment of rehabilitation needs of the cadres based on age profile, educational qualification, general area of residence, etc. The Committee may also involve successful entrepreneurs/NGOs in this effort.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 2
4.3 Amendments to Article 280 and the Sixth Schedule to the Constitution as per the Constitution (One Hundred and Twenty-Fifth Amendment) Bill, 2019 to improve the financial resources and administrative powers of BTC has been initiated. The Constitution Amendment Bill was introduced in the Parliament in January, 2019.
Governance→Constitution→Constitutional reform/making
Page 2
4. Review of Powers and Functions of BTC
...
4.3 Amendments to Article 280 and the Sixth Schedule to the Constitution as per the Constitution (One Hundred and Twenty-Fifth Amendment) Bill, 2019 to improve the financial resources and administrative powers of BTC has been initiated. The Constitution Amendment Bill was introduced in the Parliament in January, 2019.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
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: No specific mention.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1
2. Objectives of the MoS
...
v. to ensure accelerated development of tribal areas;

Page 3
5. Provisions for Bodos outside BTAD
5.1 Government of Assam shall set up a Bodo-Kachari Welfare Council for focussed development of Bodo villages outside BTAD in the lines of other existing Councils for Plains Tribes. State Government will consult Bodo organisations and existing Councils before notifying areas to be included in the proposed Bodo-Kachari Council.
5.2 An Advisory Committee comprising representatives of Government of Assam, BTC and Bodo-Kachari Welfare Council shall be set up to identify specific developmental needs of Bodo villages outside BTAD and advise the State Government.

Page 5
10. Special Developmental Package
10.1 Government of Assam may earmark a sum of Rs. 250 crores per annum for a period of three years for development of area under BTC. GoI may contribute an additional amount of Rs. 250 Crores per annum for the same period. Illustrative lists of specific projects to be taken up on priority under the Special Development Package are appended at Annexure- II, III & IV.
10.2 Bodo youth will be considered for recruitment in Army, Paramilitary forces and Police to increase their representation in the forces. Pre-recruitment training rallies will be organized by the agencies to facilitate the process.

Page 9
Annexure - III
Industries and Employment generation projects
GoI
1. Development of Industrial Estates at Ramphalbill (Kokrajhar District) and Kokilaribari (Baksa District) for setting up small/medium industries.
2. Food processing plants with cold storage facilities at identified centers.
3. Training, production and marketing centres for Handloom and Textile products at identified locations.
4. Bamboo Nursery cum production and Processing Centre
5. Promotion of Eco Tourism in (a) Manas National Park (b) Bornadi Wild Life Sanctuary (c) Chakrasila Wild Life Sanctuary (d) Bhairabkunda (e) Kalamati (f) Bagamati (g) Ullapani (h) Kachugaon (h) Jam Duar (i) Diplai Lake (j) Dheer Lake (k) Saraichar lake, and (l) Daranga Mela
6. Mother Dairy plants at identified locations.
7. Railway Coach Factory in BTAD

Government of Assam
8. Formulation of suitable Industrial Policy for BTAD
9. Farm machinery bank at identified centers with infrastructure to support livelihood and agricultural development.
10. Organic Horticultural Park.
11. Animal Feed plants at identified centers
12. Centres for fish breeding, training and farming at identified centers in BTAD
13. Organic manure production centre at Jharaguri
14. Indigenous Food Park at identified locations
15. Emporium for tribal women to showcase handicrafts
16. Vir Chilarai Rural Resource Centre
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 10
Annexure - IV
New Infrastructure in Bodoland
GoI
1. Construction of a Highway in the name of Banasur from Majbat to Holongi (Sonitpur Distict).
2. Construction of bridges on river Sankosh (Kokrajhar District) and Dhansiri at Bhairabkunda (Udalguri District).
3. National Stadium for both indoor and outdoor events at Udalguri.
4. Comprehensive drinking water scheme for villages near Indo-Bhutan border.
5. Cancer Hospital and Medical College at Tamulpur.
6. Flyovers at railway crossings at Goreswar, Tangla and Udalguri.
7. Overbridge on NH-31 at Chapaguri (Chirang District)

Government of Assam
8. Construction of embankments to protect erosion and inundation by floods under river management project.
9. Upgradation of District Hospitals/sub-Health Centers/Veterinary Hospitals
10. Bodoland Guest House in Mumbai
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Other land rights
Page 1
2. Objectives of the MoS
...
iv. to provide safeguards for land rights of tribals;

Page 3
5. Provisions for Bodos outside BTAD
...
5.3 Government of Assam shall take effective measures to confer rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on tribals living in the forest areas outside BTAD in accordance with prescribed procedure under the Act.

Page 4
7. Issues related to Land Rights
7.1 Government of Assam may consider enacting a special legislation to provide adequate safeguards to land rights of STs living outside tribal Belts and Blocks in areas outside BTAD.
7.2 Government of Assam will take effective measures to protect khas land, grazing land and water bodies from illegal encroachment.
Pastoralist/nomadism rights: Page 4
7. Issues related to Land Rights
...
7.2 Government of Assam will take effective measures to protect khas land, grazing land and water bodies from illegal encroachment.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 3
6. Issues relating to identity, language, education, etc.
6.1 Government of India will implement the commitment made in the earlier agreement in 2003 to include Bodo-Kacharis living in Karbi Anglong and Dima Hasao Districts in the ST (Hill) list of Assam in a time-bound manner.
6.2 Government of Assam will notify Bodo language in Devanagri script as an associate official language in the State.
6.3 Government of Assam will initiate measures to provincialise (i) schools and colleges established in BTAD, and (ii) Bodo medium schools outside BTAD, as per special need and requirement. The State Govt. will also take measures to appoint lecturers in Bodo Departments in colleges outside BTAD as a special consideration.
6.4 Government of Assam will establish a separate Directorate for Bodo medium schools in the State.
6.5 A Cultural Complex-cum-Centre of Excellence in the name of Bodofa Upendranath Brahma will be established at Thulunghapuri (Kokrajhar District). The Centre will study and recommend measures for protection and promotion of language, culture, identity, etc. of Bodos residing in Assam as well as other States of India. The Centre will be managed by BTC with financial assistance from both Central and the State Governments.
Land, property and environment→Cultural heritage→Promotion
Page 1
2. Objectives of the MoS
...
iii. to promote and protect social, cultural, linguistic identities of Bodos;
Environment: No specific mention.
Water or riparian rights or access: Page 4
7. Issues related to Land Rights
...
7.2 Government of Assam will take effective measures to protect khas land, grazing land and water bodies from illegal encroachment.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 4,
9. Settlement with NDFB factions
9.1 All NDFB factions under SoO shall abjure path of violence, surrender their weapons and disband their armed organisations within one month of signing of this MoS.
Security sector→DDR→DDR programmes
Page 4,
9. Settlement with NDFB factions
...
9.2 Government of India and Government of Assam will take necessary measures to rehabilitate the cadres in consultation with NDFB factions. Such measures may inter alia include (i) lump sum payment of ex-gratia, (ii) funding economic activities through existing Government schemes relating to fisheries, piggery, organic farming, poultry farming, etc., (iii) trade/vocational training based on locally available resources, and (iv) recruitment in appropriate Govt. jobs as per eligibility.
9.3 A committee headed by IGP, Special Branch, Assam with representatives of other Departments as members will make an assessment of rehabilitation needs of the cadres based on age profile, educational qualification, general area of residence, etc. The Committee may also involve successful entrepreneurs/NGOs in this effort.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 4,
9. Settlement with NDFB factions
9.1 All NDFB factions under SoO shall abjure path of violence, surrender their weapons and disband their armed organisations within one month of signing of this MoS.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 4
9. Settlement with NDFB factions
...
9.4 Criminal cases registered against members of NDFB factions for non-heinous crimes shall be withdrawn by Government of Assam as per procedure established by law. Criminal cases registered in connection with heinous crimes shall be reviewed case by case according to the existing policy on the subject.
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: Page 5
11. Joint Monitoring Committee
A Joint Monitoring Committee shall be constituted with representatives from MHA, Government of Assam, BTC and Bodo organisations to monitor implementation of this MoS.
Related cases: No specific mention.
Source: Available at https://axomson.net/download-the-bodo-peace-accord-2020-signed-document-pdf/ (Accessed on 2/2/2021)

Memorandum of Settlement

1. The Government of India and Government of Assam have been making concerted efforts to fulfill the political, economic, social, cultural and identity related aspirations of Bodo people.

Tripartite agreements in 1993 and 2003 were signed leading to creation of Bodoland Autonomous and Bodoland Territorial Councils under the Sixth Schedule to the Constitution for Bodo inhabited areas in Assam.

ABSU and its associated organizations as well as various factions of NDFB continued with the demand for separate Statehood.

Negotiations were held with Bodo organizations for a comprehensive and final solution to their demands while keeping intact the territorial integrity of the State of Assam.

2. Objectives of the MoS

i. to augment area and powers of BTC and streamline its functioning;

ii. to address issues relating to Bodos residing outside BTAD;

iii. to promote and protect social, cultural, linguistic and ethnic identities of Bodos;

iv. to provide legislative safeguards for land rights of tribals;

v. to ensure accelerated development of tribal areas;

and

vi. to rehabilitate members of NDFB factions.

3. Alteration of Area of BTAD

3.1 A commission will be appointed under Paragraph 14 of the Sixth Schedule to the Constitution soon after signing of the MoS to examine and recommend on the following:-

i. Inclusion of villages contiguous to BTAD and having majority tribal population, as demanded by Bodo organisations.

ii. Exclusion of villages currently under BTAD which are contiguous to non-Sixth Schedule areas and have majority non tribal population.

iii. Increase in constituencies of BTC upto the maximum of 60 seats after alteration in the area, without adversely affecting the existing percentage of reservation for tribals.

3.2 The Commission will include representatives of the State Government as well as other stakeholders incuding ABSU and BTC as its members.

It will submit its recommendation within six months from the date of notification.

3.3 The existing Bodoland Territorial Areas District (BTAD) shall be renamed as Bodoland Territorial Region comprising area covered under BTAD.

3.4 Government of Assam may consider reorganizing the districts consequent to alteration of area of BTAD on administrative considerations.

4. Review of Powers and Functions of BTC

4.1 The process of BTC to have more legislative, executive, administrative and financial powers in respect of additional subjects as enumerated at Annexure-I will be initiated within 90 days.

4.2 Principal Secretary, BTC will have monitoring powers of Registration Department within BTAD area.

4.3 Amendments to Article 280 and the Sixth Schedule to the Constitution as per the Constitution (One Hundred and Twenty-Fifth Amendment) Bill, 2019 to improve the financial resources and administrative powers of BTC has been initiated.

The Constitution Amendment Bill was introduced in the Parliament in January, 2019.

4.4 Executive functions of BTC shall be exercised through its Chief Executive Officer not below the rank of Principal Secretary to Government of Assam.

Senior most officers of various Departments of BTC shall not be below the rank of Addl.

Secretary to Government of Assam.

4.5 Deputy Commisioners and Superintendents of Police of the districts within BTAD will be posted normally in consultation with Chief Executive Member of BTC.

4.6 Deputy Commisioners in BTAD will report to Chief Executive Member of BTC through Chief Executive Officer in respect of all developmental activities in their districts with regard to the responsibilities assigned to them by BTC.

4.7 A tripartite mechanism, headed by the Cabinet Minister of Government of Assam looking after BTC affairs, and with Chief Executive Member of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) the status of all laws/regulations passed by BTC and sent to the State Government for assent of Governor of Assam.

4.8 A tripartite mechanism headed by the Chief Secretary of Government of Assam and having Chief Executive Officer of BTC and a representative of MHA as members, shall be set up to periodically review (not less than once in six months) status of all proposals of BTC pending with the State Government relating to creation of new posts and posting of officers to the vacant posts.

5. Provisions for Bodos outside BTAD

5.1 Government of Assam shall set up a Bodo-Kachari Welfare Council for focussed development of Bodo villages outside BTAD in the lines of other existing Councils for Plains Tribes.

State Government will consult Bodo organisations and existing Councils before notifying areas to be included in the proposed Bodo-Kachari Council.

5.2 An Advisory Committee comprising representatives of Government of Assam, BTC and Bodo-Kachari Welfare Council shall be set up to identify specific developmental needs of Bodo villages outside BTAD and advise the State Government.

5.3 Government of Assam shall take effective measures to confer rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on tribals living in the forest areas outside BTAD in accordance with prescribed procedure under the Act.

6. Issues relating to identity, language, education, etc.

6.1 Government of India will implement the commitment made in the earlier agreement in 2003 to include Bodo-Kacharis living in Karbi Anglong and Dima Hasao Districts in the ST (Hill) list of Assam in a time-bound manner.

6.2 Government of Assam will notify Bodo language in Devanagri script as an associate official language in the State.

6.3 Government of Assam will initiate measures to provincialise (i) schools and colleges established in BTAD, and (ii) Bodo medium schools outside BTAD, as per special need and requirement.

The State Govt.

will also take measures to appoint lecturers in Bodo Departments in colleges outside BTAD as a special consideration.

6.4 Government of Assam will establish a separate Directorate for Bodo medium schools in the State.

6.5 A Cultural Complex-cum-Centre of Excellence in the name of Bodofa Upendranath Brahma will be established at Thulunghapuri (Kokrajhar District).

The Centre will study and recommend measures for protection and promotion of language, culture, identity, etc.

of Bodos residing in Assam as well as other States of India.

The Centre will be managed by BTC with financial assistance from both Central and the State Governments.

7. Issues related to Land Rights

7.1 Government of Assam may consider enacting a special legislation to provide adequate safeguards to land rights of STs living outside tribal Belts and Blocks in areas outside BTAD.

7.2 Government of Assam will take effective measures to protect khas land, grazing land and water bodies from illegal encroachment.

8. Special steps to be taken by Government of Assam

8.1 Government of Assam will create a separate Department to deal with matters relating to Councils under the Sixth Schedule of the Constitution including BTC.

8.2 Government of Assam will create one post of DIG in BTAD in addition to the existing post of IG.

8.3 An Administrative Staff College will be established under BTC administration.

8.4 Government of Assam will provide financial compensation of Rs.

5 lakhs to each of next of kin of persons who lost their lives in agitations for separate State.

9. Settlement with NDFB factions

9.1 All NDFB factions under SoO shall abjure path of violence, surrender their weapons and disband their armed organisations within one month of signing of this MoS.

9.2 Government of India and Government of Assam will take necessary measures to rehabilitate the cadres in consultation with NDFB factions.

Such measures may inter alia include (i) lump sum payment of ex-gratia, (ii) funding economic activities through existing Government schemes relating to fisheries, piggery, organic farming, poultry farming, etc., (

iii) trade/vocational training based on locally available resources, and (iv) recruitment in appropriate Govt.

jobs as per eligibility.

9.3 A committee headed by IGP, Special Branch, Assam with representatives of other Departments as members will make an assessment of rehabilitation needs of the cadres based on age profile, educational qualification, general area of residence, etc.

The Committee may also involve successful entrepreneurs/NGOs in this effort.

9.4 Criminal cases registered against members of NDFB factions for non-heinous crimes shall be withdrawn by Government of Assam as per procedure established by law.

Criminal cases registered in connection with heinous crimes shall be reviewed case by case according to the existing policy on the subject.

10. Special Developmental Package

10.1 Government of Assam may earmark a sum of Rs.

250 crores per annum for a period of three years for development of area under BTC.

GoI may contribute an additional amount of Rs.

250 Crores per annum for the same period.

Illustrative lists of specific projects to be taken up on priority under the Special Development Package are appended at Annexure- II, III & IV.

10.2 Bodo youth will be considered for recruitment in Army, Paramilitary forces and Police to increase their representation in the forces.

Pre-recruitment training rallies will be organized by the agencies to facilitate the process.

11. Joint Monitoring Committee

A Joint Monitoring Committee shall be constituted with representatives from MHA, Government of Assam, BTC and Bodo organisations to monitor implementation of this MoS.

The above Agreement is signed on January 27, 2020 at New Delhi in the presence of Hon’ble Union Home Minister of India, Shri Amit Shah.

[Signature]

Lawrence Islary

General Secretary, ABSU

[Signature]

Pramod Boro

President, ABSU

[Signature]

Ranjan Dalmary

NDFB

[Signature]

Gbbinda Basumatary

NDFB

[Signature]

B. Saoraigwra

NDFB

[Signature]

Dhirendra Boro

NDFB

[Signature]

Mihineswar Basumatary

President, UBPO

[Signature]

Kumar Sanjay Krishna

Chief Secretary, Govt.

of Assam

[Signature]

Satyendra Garg

Joint Secretary (NE) MHA

Signing of the agreement is witnessed by:

[Signature]

Hagrama Mohilary

(CEM, BTC)

[Signature]

Himanta Biswa Sarma

(Cabinet Minister, Assam)

[Signature]

Sarbananda Sonowal

(CM, Assam)

Annexure – I

List of additional Subjects

1. Implementation of schemes under rural electrification, non-conventional energy sources, solar energy, renewable energy and mini-hydel projects.

2. Welfare and Development of Minority communities/Indigenous faith.

3. Trade and Commerce within BTC subject to the provisions of entry 33 of List III of Schedule VII of Constitution.

4. ‘ Medium industry’ to be added to ‘Small, Cottage and Rural Industry subject to the provisions of entries 7 and 52 of List I of the Seventh schedule.’

5. ‘ Education’ to be added to ‘Animal husbandry and veterinary that is to say preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice, cattle pounds.’

6. ‘ Technical nature’ to be added to ‘Flood Control for protection of village, paddy fields, markets and towns.’

7. ‘ Vocational education’ to be added to ‘Education that is to say primary education, higher secondary including vocational training, adult education, college education (general)’.

8. ‘ Protection of wildlife’ to be added to ‘Forests (other than reserved forests)’.

****

Annexure – II

Educational and Other important Institutions

GoI

1. Upendra Nath Brahma Central University at Barama (Baksa District).

2. National Sports University.

3. Sports Authority of India centres at Udalguri, Baksa and Chirang.

4. Institute of Livelihood Management at Tangla (District Udalguri).

5. North-East Regional Institute of Medical Science at Rwomari (Chirang District).

6. Hotel & Tourism Management Institute.

7. Regional campus of Indira Gandhi National Tribal University at Bhairabkunda (Udalguri District).

8. Bodoland Movement Memorial Museum at Salibari (Baksa District).

9. National Institute of Technology (NIT) at Udalguri.

10. Additional Navodaya Vidyalaya in each district of BTAD.

Government of Assam

11. Bodoland Institute of Rural Development at Gossaigaon (Kokrajhar District).

12. Polytechnic and Vocational Training Institute at Singlimari, Horsinga, Basbari and Gabardhana.

13. Organic University at Rowta.

14. Veterinary College/Hospital at Kumarikata.

15. Institute of Paramedical and Nursing Sciences.

16. Provincialisation of College of Music and Fine Arts at Kokrajhar.

17. Birsa Munda Cultural Complex.

18. Swami Vivekananda Youth Centre.

19. Dr. Bhupen Hazarika Memorial multi-purpose Cultural Auditorium.

20. Gorkha Bhawan at Chirang.

21. Kheraishali Centre for Bodo Art and Culture with Tribal Art Gallery cum Museum at Bhergaon.

22. Bathou Harimaphuri at Kumarikata.

***

Annexure – III

Industries and Employment generation projects

GoI

1. Development of Industrial Estates at Ramphalbill (Kokrajhar District) and Kokilaribari (Baksa District) for setting up small/medium industries.

2. Food processing plants with cold storage facilities at identified centers.

3. Training, production and marketing centres for Handloom and Textile products at identified locations.

4. Bamboo Nursery cum production and Processing Centre

5. Promotion of Eco Tourism in (a) Manas National Park (b) Bornadi Wild Life Sanctuary (c) Chakrasila Wild Life Sanctuary (d) Bhairabkunda (e) Kalamati (f) Bagamati (g) Ullapani (h) Kachugaon (h) Jam Duar (i) Diplai Lake (j) Dheer Lake (k) Saraichar lake, and (l) Daranga Mela

6. Mother Dairy plants at identified locations.

7. Railway Coach Factory in BTAD

Government of Assam

8. Formulation of suitable Industrial Policy for BTAD

9. Farm machinery bank at identified centers with infrastructure to support livelihood and agricultural development.

10. Organic Horticultural Park.

11. Animal Feed plants at identified centers

12. Centres for fish breeding, training and farming at identified centers in BTAD

13. Organic manure production centre at Jharaguri

14. Indigenous Food Park at identified locations

15. Emporium for tribal women to showcase handicrafts

16. Vir Chilarai Rural Resource Centre

***

Annexure – IV

New Infrastructure in Bodoland

GoI

1. Construction of a Highway in the name of Banasur from Majbat to Holongi (Sonitpur Distict).

2. Construction of bridges on river Sankosh (Kokrajhar District) and Dhansiri at Bhairabkunda (Udalguri District).

3. National Stadium for both indoor and outdoor events at Udalguri.

4. Comprehensive drinking water scheme for villages near Indo-Bhutan border.

5. Cancer Hospital and Medical College at Tamulpur.

6. Flyovers at railway crossings at Goreswar, Tangla and Udalguri.

7. Overbridge on NH-31 at Chapaguri (Chirang District)

Government of Assam

8. Construction of embankments to protect erosion and inundation by floods under river management project.

9. Upgradation of District Hospitals/sub-Health Centers/Veterinary Hospitals

10. Bodoland Guest House in Mumbai