BREAKING NEWS: GJM Proposes Gorkhaland Regional Authority

source: THE HIMALAYAN BEACON [BEACON ONLINE]

To,

Shri P. Chidambaram,

Honourable Home Minister,

Government of India,

North Block,

New Delhi

Sub: Draft Proposal for Interim Arrangement till 31-12-2011

Honourable Sir,

On behalf of the people of Darjeeling District and the Dooars, I am sending you a draft proposal for an interim arrangement after repeal of the Darjeeling Gorkha Hill Council Act 1988 for a period till 31-12-2011.This interim arrangement is without prejudice, affect, alter or diminish in any manner whasoever to the legitimate demand of the people of the region for creation of a separate state of Gorkhaland under Artice 3 of the Indian Constitution. Hence, I request you to accept the proposal for the aforesaid period for the larger interest of the people of the region.

Thanking you,Yours sincerely,Bimal Gurung,PresidentGorkha Janmukti Morcha,

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:

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
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.
Powers to exclude the application of laws of West Bengal (subject to laws made or to be made by Parliament).
Chief elected by the Board.
Executive Committee headed by the Chief
Judiciary subordinate to its own High Court
Full legislative and administrative jurisdiction over panchayats and Municipalities.
Legislative, Executive and Judicial control over the Departments administering the subjects enumerated in Schedule A.
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.
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.
Special Initial Assistance of two thousand crore rupees to be divided and and disbursed equally over a period of five years.
Direct Plan Fund in accordance with approved yearly and Five Year Plans without routing through the State Government.
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.
Guarantees by State/Union Government enabling borrowing by the interim authority.
Public Service Commission and full powers of recruitment and conditions of service.
Powers to impose regional restrictions on trade, commerce and intercourse subject to the limitations imposed by the Constitution.
Allocation of all regional benefits hitherto accruing to the State of West Bengal such as hydropower, trade and industrial subsidies.
Reservation of Seats in higher education in institutes in all over India.
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.
Special fund for the construction of super-speciality hospitals in the region.
Establishment of broad-gauge railway stations at Sukna,Sevoke,Malbazar,Birpara and Kalchini.
Concomitant opening of all closed tea-gardens within the region.
Induction of personnel of the Gorkhaland Personnel(GLP) in armed forces/paramilitary.
Office of the Advocate-General for the region.
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.
Establishment of a Tribal Research Institute.
Such other powers and functions as may mutually be acceptable.
EXEMPTIONS:

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.
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

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).
Police (including railway and village police) subject to the provisions of entry A of List 1.]
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.
Public health and sanitation; hospitals and dispensaries.
Relief of the disabled and unemployable.
Burials and burial grounds; cremations and cremation grounds.
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.
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.
Agriculture, including agricultural education and research. protection against pests and prevention of plant diseases.
Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.
Pounds and the prevention of cattle trespass.
Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power.
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.
Fisheries.
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.
Industries subject to the provisions of this schedule.
Trade and commerce within the State subject to the provisions mentioned in this schedule.
Production, supply and distribution of goods subject to the provisions mentioned in this schedule.
Markets and firs.
Inns and inn-keepers.
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
Theaters and dramatic performances; cinemas, sports. entertainments and amusements.
Betting and gambling.
Works, lands and buildings vested in or in the possession of the region.
Elections to the Interim Authority of the region subject to the provisions of any law made by Parliament.
Salaries and allowances of members of the Interim Authority of the region, of the Speaker and Deputy Speaker of the Interim Authority.
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.
Salaries and allowances of members of Interim Authority for the region.
Regional public services; Regional Public Service Commission.
Treasure trove.
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.
Taxes on agricultural income.
Duties in respect of succession to agricultural land.
Estate duty in respect of agricultural land.
Taxes on lands and buildings.
Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
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:
alcoholic liquors for human consumption;
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.
Taxes on the entry of goods into a local area for consumption, use or sale therein.
Taxes on the consumption or sale of electricity. ‘ •
Taxes on The sale or purchase of goods other than newspapers.
Taxes on advertisements other than advertisements published in the newspapers 2[and advertisements broadcast by radio or television].
Taxes on goods and passengers carried by road or on inland waterways.
Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of this schedule.
Taxes on animals and boats.
Tolls.
Taxes on professions, trades, callings and employments.
Capitation taxes.
Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.
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.
Offences against laws with respect to any of the matters in this List.
Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this schedule.
Fees in respect of any of the matters in this schedule, but not including fees taken in any court.
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.
Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.
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.’
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.
Transfer of property other than agricultural land; registration of deeds and documents.
Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
Actionable wrongs.
Bankruptcy and insolvency.
Trust and Trustees.
Administrators-general and official trustees.
Administration of justice; constitution and organisation of all courts, except the Supreme Court and the high Courts.
Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.
Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.
Contempt of court, but not including contempt of the Supreme Court.
Vagrancy; nomadic and migratory tribes.
Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
Prevention of cruelty to animals.
Forests.
Protection of wild animals and birds.
Adulteration of foodstuffs and other goods.
Drugs and poisons subject to the provisions of this schedule with respect to opium.
Economic and social planning.
Population control and family planning
Commercial and industrial monopolies, combines and trusts.
Trade unions; industrial and labour disputes.
Social security and social insurance; employment and unemployment.
Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits.
Education, including technical education, medical education and universities, vocational and technical training of labour.
S I . Legal. medical and other professions.
Charities and charitable institutions, charitable and religious endowments and religious institutions.
Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.
Vital statistics including registration of births and deaths.
Ports other than those declared by or under law made by Parliament or existing law to be major ports.
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.
Trade and commerce in, and the production, supply and distribution of
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;
foodstuffs, including edible oilseeds and oils;
cattle fodder, including oil cakes and other concentrates;
raw cotton, whether ginned or unginned, and cotton seed; and
raw jute.
Weights and measures except establishment of standards.
Price control.
Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
Factories.
Boilers.
Electricity.
Newspapers, books and printing presses.
Archaeological sites and remains other than those 2[declared by or under law made by Parliament] to be of national importance.
Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
Acquisition and requisitioning of property.
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.
Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp, duty.
Inquiries and statistics for the purposes of any of the matters specified herein.
Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this schedule.
Fees in respect of any of the matters in this schedule but not including fees taken in any court.