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Government Of Assam Implementation of Assam Accord

Assam Accord and its Clauses
  1. Clause 5 of Assam Accord : Foreigners Issue
  2. Clause 6 : Constitutional, Legislative & Administrative safeguards
  3. Clause 7 : Economic Development
  4. Clause 8
  5. Clause 9 : Security of International Border
  6. Clause 10 : Prevention of Encroachment of Government lands
  7. Clause 11 : Restricting acquisition of immovable property by foreigners
  8. Clause 12 : Registration of births and deaths
  9. Clause 13
  10. Clause 14
  11. Clause 15

    Clause 5 of Assam Accord : Foreigners Issue

    Clause:

    5.1       For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.

    5.2       All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the electoral rolls used in 1967 elections, shall be regularized.

    5.3       Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24th March, 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.

    5.4       Names of Foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.

    5.5       For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.

    5.6       On the expiry of a period of ten year following the date of detection, the names of all such persons which have been deleted from the electoral rolls shall be restored.

    5.7       All persons who were expelled, earlier, but have since re-entered illegally into Assam, shall be expelled.

    5.8       Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and expelled in accordance with law. Immediate and practical steps shall be taken to expel such foreigners.

    5.9       The Government will give due consideration to certain difficulties expressed by the AASU/AAGSP regarding the implementation of the Illegal Migrants (Determination by Tribunals) Act, 1983.

    Action taken:

    5.1       It is complied with and is in practice.

    5.2       It is being implemented.

    5.3       A total of 75,489 Nos. of persons have been declared as foreigners till 31st March,2016. Out of this 33,186 Nos. declared foreigners of 1966-71 streams and 42,303 Nos.of persons of post 1971 stream. Only a total of 14,198 Nos. have registered their names with the respective FRROs.

    5.4       Out of 33015, 1966-71 Stream, a total of 13,931 Nos. have registered their names with the respective FRROs.

    5.5       For the purpose of Foreigners detection and registration Government of India has undertaken suitable strengthening of the government machinery.  

    5.6       Steps are being taken.

    5.7       A total of 1432 Nos. of Re-infiltrators have been detected and deported during 1986 to December, 2014 and the same process is going on.

    5.8       After repeal of the IM(D)T Act by the Hon’ble Supreme Court of India on 12-07-2005, the following Acts are used for detection and deportation of illegal migrants –

    (a)       The Foreigner’s Act, 1946 alongwith the Foreigner’s (Tribunal) Order, 1946.

    (b)       The passport (Entry into India) Act, 1920.

    (c)        Passport Act, 1967.

    (d)       The Immigration (Expulsion from Assam) Act, 1950.

    (e)       The Citizenship Act, 1955.

                            There are 100 Nos. of Foreigners Tribunal have been functioning in the state for detection and deportation of foreigners.

    5.9       The IM(D)T Act has already been repealed by the Hon’ble Supreme Court of India on 12-07-2005.

    Clause 6 : Constitutional, Legislative & Administrative safeguards

    Clause:

    6. Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.

    Action taken:

    A number of actions have been taken under this clause so far which include the following:

    1. The Srimanta Sankardeva Kalakshetra Society was established under clause 6 of the historic Assam Accord and committed to work for preservation, promotion and upliftment of culture of the people of Assam.
      For the construction of the complex, the Ministry of H.R.D. Govt. of India funded Rs. 18.85 crores and Govt. of Assam funded Rs. 1.50 crores the total construction cost being 20.35 crores. The total area of the campus is 10.28 hectares at Panjabari, Guwahati.   
    2. Jyoti Chitraban Film Studio Scheme (Phase-I & Phase-II) has been implemented for Rs. 8.79 crores.
    3. The Modernisation of the Jyoti Chitraban Film Studio Phase III (Part-I) for Rs. 10 crores has been sanctioned by the Govt. of India and works are currently in progress. Work completed about 85%. Construction of Mini Film City is under process. This Film Studio Society will become a Film Hub of the entire North-East Region.  Construction of “Film Archive” is under process and expected to be completion shortly.
    4. Rs. 21.00 Crore has been granted as financial assistance to 219 Nos. of Satras of Assam.
    5. Rs. 7.00 crores have been provided as financial assistance for 11 Nos. historical monuments so far for their protection, preservation and development.
    6. Archaeological Survey of India has taken up the protection, preservation and development of 5 monuments. These are

      (i) Singri Temple’s ruins

      (ii) Urvarshi Archaeological Site

      (iii) Poa-Mecca, Hajo

      (iv) Kedar Temple, Hajo and

      (v) Hayagriva Madhava Temple, Hajo.

    7. The Executive Council of the Jawaharlal Nehru University has resolved to approve the establishment of an Assamese Chair in the Centre of Indian Language, Literature and Culture Studies of the University. The matter is being taken up with the Jawaharlal Nehru University.
    8. An Autonomous Institution namely Anandaram Borooah Institute of Language Art & Culture Assam(ABILAC) has been established  on 12thDecember,1989 with the Financial Assistance from Govt. of Assam. The Institute is pursing Research for the development of Indigenous Language. Art and Culture of the State. Besides this, the Directorate of Higher Education providing annual grants to the following Voluntary Organizations for upliftment of the Language, Art and Culture in  their respective field. The list of Voluntary Organizations involves are as follows:- 

      (1) Indian Art History Congress,

      (2) Assam Sahitya Sabha,

      (3) Assam Science Society,

      (4) Institute  of Adv. Study in Science & Technology,

      (5) Central Tai Academy, Patsaku,

      (6) Sadou Asom Lekhika Samaroah Samity,

      (7) Tai Sahitya Sabha,

      (8) Manipuri Sahitya Parishad,

      (9) Dimasa Sahitya Sabha,

      (10) Assam Academy of Mathematics,

      (11) Borak Upatyaka Bonga O Sahitya Sanmilan,

      (12) South East Asia Ramayani Research Centre,

      (13) Karbi Lame T Amei (Karbi Sahitya Sabha),

      (14) Nepali Sahitya Parishad,

      (15) Rabha Academy,

      (16) Kamrup Sanskrit Sanjivani Sabha,

      (17) Kamrup Anusandhan Samity,

      (18) Purnakant Buragbohain Institute,

      (19) Institute of Tai Studies.

    9. The different political parties, Sahitya Sabhas, Youth organizations, All Assam Student Union and reputed N.G.O’s are requested to furnish their views/ suggestions for preparation of definition of “Assamese Peoples” in the meeting held time to time. Besides a few organizations, the views and suggestion from all organization are not received. The matter is under the consideration of Cabinet Sub-Committee at present.

    Clause 7 : Economic Development

    Clause :

    7. The Government takes this opportunity to renew their commitment for the speedy all round economic development of Assam, so as to improve the standard of living of the people. Special emphasis will be placed on education and science & technology through establishment of national institutions.

    Action taken:

    1. Construction of Rail-cum-Road Bridge over river Brahmaputra near Bogibeel with link lines North & Sourth Banks about 73 Km. (National project) including 5 Km. of Bridge for an estimated amount of Rs. 4996.19 Crore in the year of inclusion in the Budget 1997-98. Overall financial Progress is 85.61% and Physical Progress is 81.84%. Targeted date of completion of the project is March, 2018.
    2. Numaligarh Refinery Limited was dedicated to the nation by the erstwhile Hon'ble Prime Minister Shri A. B. Vajpayee on 9th July, 1999. NRL has been able to display creditable performance since commencement of commercial production in October, 2000. With its concern, commitment and contribution to socio-economic development of the state combined with a track record of continuous growth, NRL has been conferred the status of Mini Ratna PSU.
    3. For revival of Ashok Paper Mill the signatory of the Assam Accord, i.e. All Assam Student Union and Govt. of India has been requested to furnish their grievances/comments in respect of setup the Jute/Coconut based Industry at the site of Ashok Paper Mill as being stake holder of Assam Accord to furnish the grievances/comments if any in this regard in respect of Hon’ble Gauhati High Court’s order Dtd. 27-11-2014 passed in WP(C) No. 3667/2008 for the purpose. But till date we have not received any grievances/comments as sought for. Further, Industries & Commerce Deptt. informed that it could not be viable even after a number of attempts and the project had been dropped. For setting up of alternative industries like Jute & Coconut based/Paper Industry, Pulp & Paper Industry etc., Industries & Commerce Deptt. communicated with some agencies, but there is no decision on how to utilize the land of the Mill. Meanwhile, a proposal of Assam Industrial Development Corporation (AIDC) Ltd. for utilization of the land of APM (A) Ltd. at the Mill site at Jogighopa for development of Integrated Industrial Cluster Projects with APM is under consideration of the Government.
      The Managing Director, APM forwarded the proposal of AIDC Ltd. for utilization of the land of APM(A) Ltd. at the Mill site at Jogighopa for development of Integrated Industrial Cluster Projects by AIDC Ltd. with APM, for consideration of the Government and the matter is under process. However final decision has not yet been taken.
    4. The Shil Ghat Jute Mill has been reopened from 1st January 1986.
    5. Assam Gas Cracker Project – (BCPL) at Lepatkata, Dibrugarh has been inaugurated by Hon’ble Prime Minister on 5th February, 2016.
    6. IIT has already been established in North Guwahati along with two Central Universities Namely Tezpur University, Tezpur and Assam University at Silchar.  Besides these, for the development of Gauhati University and Dibrugarh University, necessary fund has also been provided. Moreover, State Govt. has established another 4 (Four) State Universities namely :- (1) K.K. Handique State Open University, (2) Bodoland University, (3) Cotton College State University, (4) Kumar Bhaskar Varma Sanskrit & Ancient Study  University for the Development of Higher Education. Rs.198.82 Lakhs has already been provided for 6(Six) Nos.of State Universities for their infrastructural development during 2001-02 to 2015-2016.
    7. The up-gradation of Guwahati Medical College & Hospital to the level of a Super-Specialty Hospital is under progress.
    8. CD Ratio for the state of Assam as on 31-03-2016 is 50.42%.

    Clause 8

    Clause:

    8.1       The Government will arrange for the issue of citizenship certificates in future only by the authorities of the Central Government.

    8.2       Specific complaints that may be made by the AASU/AAGSP about irregular issuance of Indian Citizenship Certificates (ICC) will be looked into.

    Action taken:

    8.1       It is complied with and is in practice. 

    8.2       No complain has been received in this regard.

    Clause 9 : Security of International Border

    Clause:

    9      The international border shall be made secured against future infiltration by erection of physical barriers like walls, barbed wire fencing and other obstacles at appropriate places. Patrolling by security forces on land and riverine routes all along international border shall be adequately intensified. In order to further strengthen the security arrangements, to prevent effectively future infiltration, an adequate number of check posts shall be set up.

    9.2       Besides the arrangements mentioned above and keeping in view security considerations, a road all along the international border shall be constructed so as to facilitate patrolling by security forces. Land between border and the road would be kept free of human habitation, wherever possible. Riverine patrolling along the international border would be intensified. All effective measures would be adopted to prevent infiltrators crossing or attempting to crass the international border.

    Action taken:

    1. The total length of Indo-Bangladesh Border is 280.06 K.M out of this 208.65 Km of Fencing work has already been completed. 71.41 Km Fencing work still have to be done. Out of this 6.5 Km length is Land area and rest is Riverine/Char/Bridge and Culverts. Bridges & Culverts area of 3.696 Km is still of open area. Out of 6.5 Km of land area, 3.5 Km is under Karimganj Town area, discussion is going on in between BSF and BGB for settle of dispute. The land acquisition process is going on for remaining 3.00 Km under Karimganj District at Latitila-Dumabari area and after completion of this process, the work will be started.
      For the riverine and Char area feasibility study and examination is going on to seal these area using “High tech Physical & Non Physical barrier” technology by Govt. of India.
      Flood lighting works has already been completed by CPWD, IBBFLD and work in progress under APDCL for Electricity Service connection to the flood lights installed. (Action: CPWD, IBBFLD/APDCL).
      At present 94 Border Out Post (BOPs) under BSF are existing in the Assam Bangladesh Border.  

    Clause 10 : Prevention of Encroachment of Government lands

    Clause:

    10. It will be ensured that relevant laws for prevention of encroachment of Government lands and lands in tribal belts and blocks are strictly enforced and unauthorized encroachers evicted as laid down under such laws.

    Action taken:

    Land administration in the Protected Belts and Blocks in Assam is administered as per provisions of Chapter X of the Assam land and Revenue Regulation 1886 and Rules framed there under. Steps had taken for removal of encroachment.

    Clause 11 : Restricting acquisition of immovable property by foreigners

    Clause:

    11. It will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.

    Action taken:

    The Assam Alienation of Land (Regulation) Act 1980 restricts the acquisition of immovable property by foreigners in Assam.

    (The implementation of Clause 10 and 11 is a continuous process. Eviction is being carried out time to time in Forest land, PGR, VGR and other Govt. land).

    Clause 12 : Registration of births and deaths

    Clause: 

    12. It will be ensured that Birth and Death Registers are duly maintained.

    Action taken:

    Health & Family Welfare Department of the State has taken action. There are 695 centers in the state to issue Birth & Death Certificates. It was decided that Health & FW Department will take steps to computerize the process and introduce an online system of issuing Birth and Death Certificates in a time bound manner.

    Clause 13

    Clause:

    13. The All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) call off the agitation, assure full co-operation and dedicate themselves towards the development of the country.

    Action taken:

    The All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) call off the agitation

    Clause 14

    Clause:

    14. The Central and the State Government have agreed to :-

    (a)       review with sympathy and withdraw cases of disciplinary action taken against employees in the context of the agitation and to ensure that there is no victimization;

    (b)       frame a scheme for ex-gratia payment to next of kin of those who killed in the course of the agitation;

    (c)        give sympathetic consideration to proposal for relaxation of upper age limit for employment in public services in Assam, having regard to exceptional situation that prevailed in holding of academic and competitive examinations, etc. in the context of agitation in Assam;

    (d)       undertake review of detention cases, if any, as well as cases against persons charged with criminal offences in connection with the agitation, except those charged with commission of heinous offences;

    (e)       consider withdrawal of the prohibitory orders/ notifications in force, if any.

    Action taken:

    Cases of disciplinary action taken against employees in the context of the agitation have been withdrawn and upper age limit for employment in public services in Assam has been relaxed.

    An ex-gratia for an amount of Rs. 5,00,000/-  each has been given on 10th December, 2016 (Swahid Divas) to the next of kin (NOK) of martyrs during Assam Agitation.

    Clause 15

    Clause:

    15. The Ministry of Home Affairs will be the nodal Ministry for the implementation of the above.