ANNEXURE-10.
ASSAM ACCORD
15th August, 1985
(Accord between AASU, AAGSP, Central and State Government on the Foreigner Problem Issue)
MEMORANDUM OF SETTLEMENT
1. Government have all along been most anxious to find a satisfactory solution to the problem of Foreigners in Assam. The All Assam Students’ Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) have also expressed their Keenness to find such a solution.
2. The AASU through their Memorandum dated 2 nd February, 1980 presented to the Late Prime Minister Smt. Indira Gandhi, conveyed their profound sense of apprehensions regarding the continuing influx of foreign nationals into Assam and the fear about adverse affects upon the political, social, cultural and economic life of the State.
3. Being fully alive to the genuine apprehensions of the people of Assam, the then Prime Minister initiated the dialogue with the AASU/AAGSP. Subsequently, talks were held at the Prime Minister’s and Home Ministers levels during the period 1980-83. Several rounds of informal talks were held during 1984. Formal discussions were resumed in March, 1985.
4. Keeping all aspects of the problem including constitutional and legal provision, international agreements, national commitments and humanitarian considerations, it has been decided to proceed as follows :-
Foreigners Issue :
5. (1) For purpose of detection and deletion of foreigners, 1-1-1966 shall be the base date and year.
(2) All persons who came to Assam prior to 1-1-1966, including those amongst them whose names appeared on the electoral rolls used in 1967 elections, shall be regularized.
(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, 1939.
(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) For this purpose, Government of India will undertake suitable strengthening of the governmental machinery.
(6) On the expiry of the 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.
(7) All persons who were expelled earlier, but have since re-entered illegally into Assam, shall be expelled.
(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.
(9) The Government will give due consideration to certain difficulties express by the AASU/AAGSP regarding the implementation of the illegal Migrants (Determination by Tribunals) Act, 1983. Safeguards and Economic Development:
6. Constitutional, legislative and administrative safeguards, as many be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.
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 the education and Science & Technology through establishment of national institutions.
Other Issues :
8. (1) The Government will arrange for the issue of citizenship certificate in future only by the authorities of the Central Government.
(2) Specific complaints that may be made by the AASU/AAGSP about irregular issuance of Indian Citizenship Certificates (ICC) will be looked into.
9. (1) The international border shall be made secure 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 the 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.
(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 cross the international border.
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.
11.It will be ensured that the law restricting acquisition of immovable property by foreigners in Assam is strictly enforced.
12.It will be ensured that Birth and Death Registers are duly maintained.
Restoration of Normalcy :
13.The All Assam Students Unions (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.
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 were killed in the course in the agitation.
c. Give sympathetic consideration to proposal for relaxation of upper age limit for employment in public service in Assam, having regard to exceptional situation that prevailed in holding 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 :
15.The Ministry of Home Affairs will be the nodal Ministry for the implementation of the above.
Sd/-
(P.K. Mahanta) (R.D. Pradhan)
President Home Secretary
All Assam Students’ Union Government of India
Sd/- (B.K. Phukan) (Smt. P. P. Trevedi)
General Secretary Chief Secretary
All Assam Students’ Union Government of Assam
Sd/- (Biraj Sharma) Convenor All Assam Gana Sangram Parishad
In the Presence of
Sd/- (Rajiv Gandhi) Prime Minister of India
Date : 15 th August, 1985
Place: New Delhi
1. Election Commission will be requested to ensure preparation of fair electoral rolls.
2. Time for submission of claim and objections will be extended by 30 days, subject to this being
consistent with the Election Rules.
3. The Election Commission will be requested to send Central Observes. Sd/- Illegible
Home Secretary
1. Oil Refinery will be established in Assam
2. Central Government will render full assistance to the State Government in their efforts to
reopen.
i) Ashok Paper Mill
ii) Jute Mills
3. I.I.T. will be set up in Assam. Sd/- Illegible
Home Secretary
