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Recommendations of Justice (Retd) Biplab Sarma Committee on Clause 6 of Assam Accord to be implemented

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Guwahati: Assam has decided to implement the recommendations of the Justice (Retd) Biplab Sarma Committee with regards to Clause 6 of the Assam Accord.

The Assam government had a key meeting with the leaders of All Assam Students Union ( AASU) on the implementation of clause 6 of Assam Accord which remained unimplemented for decades.

Assam chief minister Himanta Biswa Sarma said, “Assam has decided to implement the recommendations of the Justice (Retd) Biplab Sarma Committee with regards to Clause 6 of Assam Accord. Of the recommendations to be adopted, 40 are exclusively in the domain of the State Government. For the implementation of these we have chalked out a roadmap, 12 will require the concurrence of the Government of India, 15 are exclusively in the domain of the Government of India. We will take up these matters with the Centre at the right forum.”

Sarma stated in X, “As per the recommendations of Justice (Retd) Biplab Sarma Committee, protection of land, culture and language rights are with the State Govt and we have already undertaken efforts in this direction over and beyond the recommendations.”

Assam government earlier stated these recommendations will be applicable across the State except 6th Schedule areas and Barak Valley.

Clause 6 provides for constitutional, legislative and administrative safeguards to protect the cultural, social, linguistic identity and heritage of the Assamese people.

The clause 6 panel has recommended that till deportation of post-1971 stream of declared foreigners is completed, they should be resettled in areas outside Assam as an interim measure. The panel also gave a definition of ‘Assamese’. The panel is of the opinion that to give full effect to its recommendations several constitutional and legislative amendments will be necessitated. The existing Article 371-B in the Constitution will need to be amended, it has said.

The 14 member panel had taken 1951 as the base for defining who is an Assamese. The definition of Assamese is required for operationalization of clause 6.

The report stated, “While providing constitutional, legislative and administrative safeguards in terms of Clause 6 of Assam Accord, the term “Assamese People” shall be construed as including: All citizens of India who are part of, Assamese community, residing in the Territory of Assam on or before 01.01.1951 Or Any indigenous Tribal Community of Assam residing in the Territory of Assam on or before 01.01.1951, Any other indigenous community of Assam residing in the Territory of Assam on or before 01.01.1951 Or All other citizens of India residing in the territory of Assam on or before 01.01.1951 And Descendants of the above categories.”

Assam Accord inked after six yearlong foreigners’ movement (1979-1985) provides that foreigners who entered the state after the cut-off date of March 24, 1971, irrespective of their religious affiliation must be deported.

The committee stated 80 to 100% of seats in Parliament which are allotted to the State of Assam, should be reserved for the Assamese People. Committee has recommended reservation of seats for the Assamese People in the Assam Legislative Assembly and Local Bodies to the extent of 80 to 100% which will be inclusive of pre-existing reservations.

The committee recommends the making of adequate provision for an Upper House (Legislative Council of Assam) and all seats thereof to be reserved for the Assamese People.

Inner Line Permit adequate measures, as suggested for creation of enabling provisions in respect of Inner Line Permit (ILP) system. Besides 80 to 100% of Group C and D level posts in Central Government/Semi-central Government/Central PSUs/Private Sector including under PPP Mode falling and arising in Assam should be reserved for Assamese People.

The committee suggested that Char (riverine) areas should be surveyed and newly created Char areas should be treated as Government land and erosion affected people should get priority in allotment. Alternatively, Char land is to be taken over for agricultural and allied activities like dairy, fodder plantation etc through community ownership.

The committee added provisions by way of enacted law to prohibit transfer of tea land from the original grantee to any other person by any covert mechanisms including transfer of shares to the lessee Tea Company without prior permission of the Government. No such permissions should be allowed without payment of appropriate premium.
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