TENTATIVE DRAFT (DISCUSSION PAPER) PROPOSAL: Gorkhaland Autonomous Authority (GAA)

source: Barun Roy
August 4th, 2010


DRAFT DISCUSSION PAPER (GAA)

SHARED BY ZYX

1.An autonomous self-governing body to be known as Gorkhaland Autonomous Authority (GAA) could be established within the State of West Bengal.
2.This would be an interim authority valid upto 31.12.2011 and could be extended if all the parties to the agreement agree to do so.
3.It is agreed that election to the Gram Panchayats and Panchayat Samities in the GAA are to be held within the next 6 months.
4.The initial composition of the 20 member GAA would be 20 members of which 15 would be nominated by the political parties in proportion to the number of seats won by the respective parties in the Gram Panchayat and Panchayat Samity. 5 members would be nominated by the Governor of West Bengal from the unprepresented communities of the GAA area. The nominated members would have the same rights and privileges as other members, including voting rights.
5.Formal elections to the GAA would be held thereafter within 12 months of the coming into force of the GAA.
6.The term of the elected members of the GAA shall be for five years.
7.The GAA shall have legislative powers in respect of the subjects transferred to it enumerated in Annexure II-A.
8.The area of the GAA would be the area of the Darjeeling Gorkha Hill Council
9.All laws made by the GAA in respect of the subjects enumerated in Annexure-II shall be submitted to the Governor of West Bengal and on his assent the same shall come into effect.
10.The GAA shall have executive, administrative and financial powers in respect of subjects transferred to it.11.The GAA shall have control over the officers and staff connected with the delegated subjects working in the GAA area and shall be competent to transfer these officers and staff within the GAA area.
12.ACRs of these officers would be written by the appropriate officers in the GAA.
13.The offices of the Deputy Commissioner and the Superintendent of Police would be outside the superintendence and control of the GAA.
14.The Government of West Bengal would provide an amount, to be decided eery year on a population ratio basis as grant-in-aid in two equal installments to the GAA for executing development works. In addition, the GAA would be paid a suitable amount of plan and non-plan fund to cover the office expenses and the salaries of the staff working under their control. The GAA shall have full authority in selecting the activities and choosing the amount for the investment under the same in any year. The plan prepared by the GAA would be a sub-set of the State Plan and would be treated as an integral part.
15.The State Government shall not divert the funds allocated to the GAA to other funds and also ensure its timely release.
16.The executive functions of the GAA shall be exercised through its Principal Secretary who shall be an officer of the rank not below the Principal Secretary / Commissioner of the Government of West Bengal. The Principal Secretary once deputed to the GAA shall not be transferred for a period of at least 2 year without the consent of the GAA.
17.Governor of West Bengal shall, through an appropriate agency, obtain a report on the functioning of the GAA and cause that Report with his recommendation to be laid on the Table of the West Bengal Assembly on an annual basis. The Governor of West Bengal shall also be authorized to call for and obtain any report either from the GAA or the State Government in respect of either the allocation of funds, its timely release and its utilization and give such directions as the Governor may deem fit so that the provisions of the agreement constituting the GAA are fully met.
18.In order to accelerate the development of the region and to meet the aspirations of the people, the Government of India will provide a financial assistance of Rs_______________ crore per annum to GAA for three years for specific projects identified by the GAA to develop the socio-economic infrastructure in the GAA area. This amount would be provided as grant-in-aid and would be over and above the normal plan assistance to the State of West Bengal.
19.Gorkhaland personnel (GLP) would be considered for recruitment in the Police, Army and Para-Military Forces.