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Bureau: KalimNews (KalimpongOnlineNews, Kalimpong), 

News and photographs Courtesy (shared and republished from the following Sources:)

ABP (Ananda Bazar Patrika),  

BNA (Vartaman), ENS (Express News Service),  EOI (Echo of India),  IE (Indian Express), IANS (Indo Asian News Service), IBNS (India Blooms News Service), IT (India Today), MP (Millenium Post), MR (My Republica), PTI (Press Trust of India), SE (Sikkim Express),  SNS (Statesman News Service), TH (The Hindu), THT (The Hindustan Times), TME (The Morung Express), TN (Thai Indian News), TNN (Times News Network), TOI (Times of India), TP  (The Print),  TS (The Shillong Times),  

TT (The Telegraph),  

TW (The Wire),  UBS (Uttar Banga Sambad), 

Correspondents , Contributors & Photographers:

Mukesh Sharma,

Manoj Rai, Mani Tamang,

Photographs without any caption are just for representational purpose 

Plastic Puzzle

Plastic puzzle

Before you reuse a plastic bottle check whether it has the right number underneath

Not all plastic containers are suitable for use or reuse. Moumita Chakrabarti gives the lowdown on what’s safe and what’s not. TT, 20 September 2010:Monalisa Sen was taken aback when her daughter’s class teacher told her that the plastic water bottle the child carried to school was unsafe. “She advised us not to reuse beverage bottles for drinking purposes,” says Sen

Sen is not the only one who is unaware of the fact that not all plastic bottles are safe for drinking or storing water. Many of us reuse plastic bottles in which beverages or mineral water is sold. And we also use plastic containers without giving a thought to whether or not they are safe for storing food. But health experts warn that this may have some adverse side effects.

So how does one know which plastic bottle or container is suitable for use and which is not? Well, there is a rule of thumb you can go by. Turn the bottle or container upside down and you will find a number embossed underneath. These numbers, ranging between 1 and 7, not only indicate the material the container is made of but also whether it is suitable for use.

In general, polyethylene terephthalate, commonly known as PET or PETE, which comes under Number 1, and is used in the manufacture of mineral water and beverage bottles, is considered safe. However, a few studies have shown that secretion of a toxic substance occurs when water is stored in a PET bottle for a considerable period of time.

Sunil Bhatnagar, senior manager (commercial), Pearl Polymers Ltd, which manufactures Pearlpet bottles, disagrees with this view. He says the material the company uses for manufacturing bottles has been thoroughly tested and approved and has been declared safe for food and other consumables by international health authorities. “Although most water and beverage bottles are lightweight and designed for single use, refillable and reusable Pearlpet bottles and jars are widely used.”

Not so, says a PepsiCo spokesperson. “PET bottles are not advisable for multiple use since they cannot be sterilised with hot water. If a bottle is not cleaned properly and used to store tap water, high TDS (total dissolve salts) might remain on the inner surface of the bottle and pose a health hazard. Ideally, these bottles should go back for processing,” the spokesperson says.

Concurs Sunil Pandey, fellow, Centre for Environmental Studies, “PET bottles used for long-term storage result in leaching (migration) of phthalates, a chemical compound of an acid used in making plastic, into water, which is harmful if ingested.” Phthalates can also cause infertility, obesity, breast and prostate cancer, heart disease and diabetes, adds Preeti Shah, director, Consumer Education Research Society (CERS), Ahmedabad.

The second (Number 2) type of plastic — high density polythylene (HDPE) — is not known to cause any health hazard and can be safely used for drinking water. It is also used in containers to store milk, cream and yogurt.

However, Number 3, which denotes polyvinyl chloride (commonly known as PVC), does pose some serious health risks. “This type of plastic contains plasticisers, which are used to soften hard materials, that can leach into food,” says Shah. Dr T.K. Joshi of the Centre for Occupational and Environmental Health (COEH), New Delhi, too says that bottles or plastic containers with Number 3 written on them should be avoided.

Ravi Agarwal, director, Toxic Links, New Delhi, points out that plasticisers added to PVC include phthalates and lead. “For this reason PVC is not used in children’s toys, teethers and even medical equipment in many countries,” he says. Lead impacts the nervous system and reduces the IQ level of children. It is one of the most toxic heavy metals, according to the World Health Organisation.

Though a Number 3 plastic container should be avoided, you can safely use containers with Numbers 4 (low-density polyethylene) and 5 (polypropylene) embossed on them. These are mainly used in take- away containers, those used for frozen food, bottles caps and food storage boxes.

In case you come across a Number 6 (polystyrene) type of plastic, that too should be given a wide berth. This kind of plastic is commonly used for making plastic cutlery, yogurt cups and coffee and tea cups. It is known to contain styrene, a chemical compound that is considered harmful.

The last type of plastic in the series, 7, contains bisphenol A (BPA), an organic compound that disrupts the endocrine system. This is not at all suitable for storing water and is mainly used for storing sauces and condiments. They can mimic the body’s natural hormones and thereby cause many health problems, say experts.

However, there are those who say that when it comes to the reuse of plastic mineral water or beverage bottles, the main danger lies not in any chemical contamination but in the fact that they may contain harmful bacteria. “If there is any risk from reuse, it probably comes from bacterial contamination as the bottle’s narrow neck makes it difficult to clean,” says Dr Joshi of COEH. He, however, agrees that not all plastic bottles can be used for drinking.

So do check the numbers beneath a plastic container before you use it. But, remember, even if it comes with the right number, it should not be used for too long. When it comes to plastics, use and throw seems to be the best option.

Second Political Level  Sixth Tripartite Talks on Gorkha Interim Authority  held on 24.07.2010

PIB Release

The second round of Political level talks regarding Gorkha Interim Authority between the Union Government, the Government of West Bengal and Gorkha Jan Mukti Morcha (GJM) were held here today. The meeting was Chaired by the Union Minister of State for Home Affairs, Shri Ajay Maken. The Union Government was represented by Shri Dinesh Trivedi, MoS (H&FW), Home Secretary, Shri GK Pillai, the Government of West Bengal by Dr. Suryakant Mishra, Minister of Health & Family Welfare and Home Secretary Shri Samar Ghosh and the GJM by a delegation headed by its General Secretary Shri Roshan Giri.

The following were decided in the meeting; 

1.       It was agreed that the Government of West Bengal and the GJM will submit their point wise observation/ reaction to the Union Government’s proposal regarding the Interim Authority within two weeks.

2.       A week after that, August 17^th was fixed as the date for next official level talks where the proposal will be discussed in detail.

3.       Subsequently, after the Monsoon Session of Parliament the third Political level talks will take place after thrashing out the differences in the proposal at the official level.

Bhopal Gas Tragedy & Judgment: Lessons to be learnt

J.N. Manokaran

After more than quarter century the victims of the infamous Bhopal Gas accident were able to hear the verdict that pronounced eight accused as guilty and were awarded a jail sentence of two years.  They all walked free by getting bail.  The poor victims consider this as inadequate and insufficient punishment.  The Judiciary, the CBI, the Government were all blamed for this.  The media had glorious moments by making this news sensation rather than sensitizing the masses. 

There are five aspects that should be considered in general and apply to this tragedy in particular:

1.      Human life is sacred

In India, human life is so cheap.  People die for petty reasons.  Summer kills hundreds, so does the winter, so does the flood and drought.  It is an annual feature in Indian landscape.  Media reports piece by piece or byte by byte news, but does not dig deep to bring out the root cause of the problem.  Even animals are considered sacred.  Hence, a right wing leader could openly say that the value of cow is more than the value of Dalits, who were lynched in Haryana based on an allegation that they were skinning cow alive.  At least one lakh die in road accidents each year.  Thousands of farmers have committed suicide.  Malnutrition kills at least five thousand children a day.  People die of many preventable diseases. 

2.      No diligence in duty

There is no diligence in the duty done by Indians.  There is no perfection or completeness in things done.  Quick money is the only goal.  Expired drugs could be sold with impunity and active help of bureaucrats and politicians.  Education could be commercialized.  Teachers in most of the Government schools in rural and tribal areas never teach but draw full salary.  Government officials would demand bribe to do what they are supposed to do.  How many manholes have lid?  How many manholes are 6 to 12 inches above surface level, causing many accidents?  How many fire extinguishers that hangs in public building would function is anybody’s guess. 

3.      Lawmakers are inadequate

Lawmakers, our elected representatives are inadequate to face the challenges of the emerging India.  They are unable to sit, discuss and think about the nation.  Disruption of Parliament (State Assemblies) is considered as their job description; throwing chairs is their methodology; shouting slogans is their hobby;  increasing their pay and perks is their sacred duty.  Worse, they align with corrupt bureaucrats to oppress people by their foolish policies.  Is there a single city in India, where the traffic is organized?  They spend their time in majoring in minors and neglecting the nation’s challenges, and potentials. 

It takes sixty years for the lawmakers to make Right to Education as Act.  They know the cases in judicial system takes decades to be completed, but do not have capacity to address this issue.  They cannot mandate that the surplus grains in Food Corporation of India godowns to be distributed among the malnourished poor and starving villagers. 

4.      Implementation of law is a mockery

Governance in India happens by chance.  Laws in India are meant to be broken.  How many urban building in India have violated fire safety norms and car parking norms?  May be 90 per cent and above.  What is the use of such laws?  Any one can stand in a traffic signal and count how many violations happen every hour.  Violators of law are penalized.  Government may fix a huge sum as fine, but there will be always a police officer who could be bribed with a fraction of that amount and go scot free.  A politician distributes free sarees, there a stampede and death.  Was there anyone held responsible?  The Government of India says that there is adequate grain to be distributed through Public Distribution System (PDS).  But the food grains are looted before it reaches the masses. 

5.      Civil society flaws

Civil Society in India is dumb.  There is no awareness and stamina to stand up for rights.  There is no sense of justice or truth.  Let us think of dowry, it is illegal, but practiced with great flair.  When the society fails to condemn the culprit, the judicial system has very little effect.  So, is the case with child marriages, which is illegal.  Every year it happens, sometimes presided by elected politician.  There is no drinking water or electricity or health care or school in many villages.  How many villagers demanded their rights.  Men in the villages play cards while women walk long distances to carry water on their heads.  Why can’t these shameless men do something, like sit on dharna to get their right for safe drinking water?  A poor villager borrows money to treat his sick wife, instead of demanding health services in the defunct Public Health Centre (PHC) in the village.  

Application of five aspects in Bhopal tragedy:

1.      The Union Carbide India Limited did not value human life as sacred.  If that was the case, they would have built the factory outside the city; implemented all safety measures and would have taken all precautions. 

2.      The media focuses on Warren Anderson, forgetting the material used in the factory was not designed properly, the leakage happened because of sub-standard make of pipes and valves.    When local people pointed out the flaws like leakage, it was brushed aside.  None of the staff took responsibility to make safety as priority. 
3.      The lawmakers did not have any proper guidelines or laws for MOU with a MNC.  So, there was no law under which the victims could claim compensation or the company could be made accountable. 

4.      Even the common laws were violated.  Having industry within large human habitant itself is violation of law (and lack of common sense).  Who were the officers who granted approval for this factory, the ministers who gave grants or lands to this factory?  Why no cases against them?
5.      The people of Bhopal city did not have awareness of their rights to have safe air, water and environment.  The local society was not aware of what was happening and what was in store for them.  Lack of education and awareness could be the causes. 

Instead of focusing on this tragedy – post mortem and analysis; our energy should be used to learn from this.  Radioactive materials are found in Delhi that caused death and damage.  Floods submerge few districts in East India every year.  Was anyone held responsible?  Have there been adequate laws in place?  Does the Government have the political will to implement such laws?  Is there people awareness?  India has not learnt from this tragedy even after twenty-five years.  Let media focus on the future and bring in quality change in the lives of people in India. 

Nepali diaspora and illegal immigration.
By RP Subba
This article was published in the Kathmandu Post in March 28, 1998. It is being reproduced here for further introspection.

Approximately six million Nepalese job hunters living in India, those working in South Asian countries and the Middle East and Nepalese living in Europe and United States called the Non-resident Nepalese (NRNs) constitute the ‘Nepali’ diaspora. These ‘Nepalese’ emigrants live outside under different arrangements. India, which is the largest destination, offers shelter as per treaty with Nepal, which provides reciprocal rights to citizens of either country to live and work in the other, except political rights. In other countries, they live under Nepalese visa and work permits issued by respective countries. HMG’s Labour Ministry permits Nepalese to go abroad through companies registered under the Foreign Employment Act to thirteen countries viz, Saudi Arabia, Kuwait, Oman, Qatar, UAE, Bahrain, Iraq, Malaysia, Hong Kong, Singapore, Brunei, South Korea and Taiwan.

The notion of ‘Nepali diaspora’ is an instrument, often used by some scheming outsiders to discredit Nepal and the so called people of ‘Nepalese Community’ living outside Nepal. The Nepali speaking people permanently settled in India, Bhutan and Burma have nothing to do with Nepal, though some people have misleadingly tried to associate them with Nepal. It is essential to understand that the term ‘Nepalese’ by itself, has a political connotation denoting the people of Nepal. Thus, viewing the Indian Gorkhas, the Bhutanese Gorkhas or the Burmese Gorkhas through the ‘Nepalese’ spectrum does political harm to them. What is largely ignored in Nepal but genuinely taken advantage by the Thimphu regime is this lexical ambiguity, which serves Thimphu to downplay the refugee issue. The usual appendage ‘Nepali’ made in reference to the Bhutanese refugees has thus lent credence to this fact, and encouraged the regime to conspire against bilateral talks and the international community.

King Jigme believes that this terminology diverts one’s loyalty towards Nepal. The king is reported to have minced no words in a reply to a visiting Indian politician in early 1990, that if the dissidents identify themselves with this foreign identity, it would open up an easy route for eviction. The shrewd mandarins at Tashichhodzong, through media terrorism and diplomatic offensive has manoeuvringly made the best and successful capitalization of this theory, and has left no stone unturned in converting this abstract notion of ‘Nepali diaspora’ into an ever menacing strategy to disarm both the Bhutanese dissidents and Nepalese government, by spreading the bogey of ‘illegal Nepalese immigration’. In doing so, the regime is justifying its advocacy for the blockade, on the return of its nationals from exile into Bhutan.

The refugees have become a bone of contention between the governments of Nepal and Bhutan. Bhutan alleges them of being ‘illegal Nepalese immigrants’ who have gathered there from parts of India and the adjacent local villages to avail of the free food and facilities provided in the camps. Jigme Thinley, Bhutan’s ambassador to the UN, Geneva, at the 47^th Session of the Executive Committee of the UNHCR in October, 1996 drew the attention of the international community to “the problem of a large number of Nepalese people who are in the refugee camps in Nepal, all claiming to be refugees from Bhutan”.

Further, he went on echoing the King’s version thus, “the increasingly desperate wave of illegal immigrants from Nepal is threatening the very survival of Bhutanese people in the fragile Himalayan ecosystem”. The regime’s propaganda machinery is strong enough to make even the outsiders believe their stories. Dr. Lohani, then Foreign Minister of Nepal, had taken a strong exception to this view, maintaining that if the refugees are not ‘Bhutanese’, they are not ‘Nepalese’ either.

Paradoxically, some people are very cynical to this view and even stress on the ‘Nepalese’ tag. How can ‘Nepalese’ be external refugees in Nepal? Is it constitutionally right to identify them ‘Nepalese’? If so, can Nepal afford to absorb all those living beyond its borders, whom it unilaterally considers as ‘Nepalese’? What would be its obligations and responsibilities towards ‘Nepalese’ living outside its territory? Doesn’t Nepal’s complacency endorse Thimphu’s views? These are the burning questions Nepal must look into, before it identifies anybody as ‘Nepalese’.

The issue of illegal immigration openly surfaced in the Bhutanese political agenda in the 1980s, though the concept was mooted as early as in the 1950s, after the Bhutanese regime witnessed sporadic political activism in Southern Bhutan under the banner of Bhutan State Congress. The regime, instead of working for a political solution, decided to write-off their identity, converting them overnight as ‘Nepalese’ through a resolution of the National Assembly in 1958. The years immediately after the upheaval saw Bhutan passing its first law, “The National Law of Bhutan” in 1958. The law made the Southern Bhutanese, second class citizens and were mandated to submit fresh applications for citizenship as if they were new migrants. Other communities didn’t need apply. However, they were regarded as indigenous sons of the soil.

It is essential to distinguish illegal immigrants from bonafide citizens, living as refugees in the camps. The small presence of contractual laborers, working in the Indian Dantak and Imtrat Projects were deported from Bhutan in the ealry1980s, precipitating into a brief spate of violence and protest demonstrations in Phuntsholing. The projects, widely responsible for border road constructions in Bhutan looked after their needs and were not allowed to mix up with the nationals. The uninvestigated perceptions of the regime and the international community in treating these immigrants and the Bhutanese nationals as synonymous entities, does injustice to the Southern Bhutanese, who are genuine citizens of the country.

Bhutan is doing nothing that is not a reality in the region. In India, people have experienced sweeping cases of cleansing of immigrants especially from its northeastern states, where the anti-foreigners movement has generated survival issues for the non-indigenous peoples. The Supreme Court of India in its verdict of 11^th February 1993, in regard to the petition filed by Mr. R C Poudyal, on reservation of seats for the Sikkimese Nepalese in the Sikkim Legislative Assembly, dismissed the petition on grounds that, they were “later immigrants from Nepal”. What rights and political status are entitled to a person, who is identified as an immigrant? The same apex court upholds seat reservation for the Bhutia and Lepcha communities in the Sikkim Assembly.

In another incident, a Commission advised the Chief Electoral Officer, Sikkim that “the Nepalese not born as Sikkim subjects cannot acquire Indian citizenship under the Sikkim Citizenship Order 1975, but continue to be aliens and could not be registered in the electoral rolls of the state”. To add more, The Immigrants, (Expulsion From Assam) Act, 1950 empowers the government to “direct such persons or class of persons to remove himself or themselves from India or Assam within such time and by such route as may be specified in the order and give such further directions in regard to his or their removal from India or Assam as it may consider necessary or expedient”.

It is important to note that, the Nepalese, Tibetans and Bangladeshis have been the targets of anti-foreigners movement in the northeast, and many of them face involuntary removal. The Chief Minister of Assam, Prafulla Kumar Mahanta, in his book, The Tussle Between the Citizens and Foreigners in Assam writes, “I am directed to state that the views of the Central government are that the Nepalese, who cannot claim Indian citizenship under Article 5 of the Constitution cannot automatically become Indian citizens merely by long and continuous residence in India”.

In the same book Mahanta writes, “It is still found that a large number of Nepali nationals or other foreigners have managed to get their names registered in the electoral rolls. Recourse should be had under provisions of the Representative of People Act, 1950, for deleting the names of such persons on the ground that they are not citizens of India”.

‘Nepalese’ in India are placed under Article 7 of the Indo-Nepal Treaty of 1950, which recognizes them as reciprocal citizens and not as Indian citizens. The contents of the treaty has often clashed with the actual sentiments of the people, permanently settled there, leading to involuntary removal or violent political agitations, as in the case of Darjeeling. ‘Nepalese’ in Burma underwent through similar experiences in the 1960s.

The identity problem overhanging the Indian Gorkhas was solved on 23^rd August 1988, by granting constitutional recognition and citizenship thus, “whereas it has come to the notice of the Central Government that there have been some misconceptions about citizenship at the commencement of the constitution of India of certain classes of persons commonly known as Gorkhas…… it is hereby clarified that as from the commencement of the Constitution, every Gorkha who had his domicile in the territory of India …… shall be a citizen of India”.

The question of identity of the refugees has become an important issue because it has been unfairly, wrongly interpreted by Thimphu. It is high time for HMG, to begin rethinking the issue from this angle too. To finish off the controversy, Nepal must formally issue a gazetted government notification stating that the refugees are not ‘Nepalese’. HMG is the only competent authority to decide whether they are ‘Nepalese’ or not. This will support Nepal’s initiative at internationalization of the refugee issue, if not blunt Bhutan’s diplomatic offensive. The Thimphu regime too, must understand the deeper implications of pinpointing its own citizens as aliens, and start working for decent solutions to the problem. Bhutanese rulers must learn to move from rhetoric to reality.

Identity

What’s in an Identity? RP Subba

On the outset, let me begin with a simple premise that the ‘identity’ of the ‘Nepali speaking’ Bhutanese people is shrouded in confusion. To make matters worse, the confusion continues to grow. ‘Identity’ here and for the purpose of this article refers to ‘ethnic or cultural distinctiveness or characteristics’ of people covered under study. This study covers the Nepali speaking people of southern Bhutan popularly called the ‘Southern Bhutanese’.

As we shall see, the number of terminologies has grown over the years, at the cost of inflicting a great disservice to our community.

For instance, I know and I believe many other Bhutanese also acknowledge that at least a dozen different terminologies are used interchangeably in reference to the Nepali speaking southern Bhutanese people namely - ‘Nepali speaking Bhutanese’, ‘Bhutanese Nepali’, ‘Lhotshampa’, ‘Illegal Nepalese immigrants’, ‘Nepali Bhutanese’, ‘Southern Bhutanese’, ‘Nepali’, ‘Nepalese’, ‘Gorkhas’. The jargon continues – ‘Bhutani’, ‘Drup Nepali’, ‘Prabasi Nepali’, ‘Bhupali’ etc. One blogger named Govinda, even went to the extent of proposing rather funny sounding terms such as ‘English writing Bhutanese’, ‘Nepali speaking American Bhutanese’, ‘Dzongkha speaking Australian Bhutanese’, ‘Nepali-Hindi speaking Bhutanese’, ‘Nepali speaking English writing Bhutanese’ etc.

If anything, these terminologies transport ambiguity to our collective identity. One thing is clear - a continued permeation of these confusions could jeopardize our identity as a distinct ethnic/cultural group of Bhutan. And we cannot let this to happen. Much of these terms are imports from outside. But we are guilty too of not investigating the possible negative impacts to us of such dubious inputs. Therefore, it is in common interest to set the records straight by standing firm on an identity, appropriate and worthy of our proud community and past history.

To begin with, it may be appropriate to understand what an ‘identity’ means or symbolizes. Identities are determined by what people identify with. Culture, to a very large part plays that role in shaping identity. Cultural identity is different from ‘political identity’, which basically refers to a population sharing a national ideology or destiny and a sense of ‘commonness’ generated by common citizenship.

For the benefit of doubt, an attempt to provide a perspective of the origin, history, meaning, usage, strengths and weaknesses of some of these terms has been made here.

‘Bhutanese Nepali’/ Nepali Bhutanese’: Each of these terms combine the nationality of two sovereign countries, Bhutan and Nepal. The political connotation is stronger than the identity of the people it can possibly convey. The term could have been coined for convenience but it is politically not neutral. ‘Bhutanese’ stands for citizens of Bhutan and ‘Nepali’ stands for citizens of Nepal. In the case of ‘Nepali Bhutanese’ the term ‘Nepali’ appears even before ‘Bhutanese’ indicating that more emphasis is placed on ‘Nepali’ than ‘Bhutanese’.

‘Lhotshampas’/‘Southern Bhutanese’: The term ‘Lhotshampa’ has probably aroused more controversy among Bhutanese people than anything else when dealing with questions of ‘identity’. It has become a bone of contention between the government of Bhutan and the Nepali speaking southern Bhutanese people. Needless to say that the southern Bhutanese people themselves have become confused to the extent that they have now started picking up fights over what should be their actual identity.

In Dzongkha, ‘Lhotshampa’ means a ‘southerner’ or a ‘southern dweller’. ‘Southern Bhutanese’ is a Dzongkha version for ‘Lhotshampa’. Call it ‘Lhotshampa’ or ‘Southern Bhutanese’ these terms are no longer appropriate, since these people now live beyond the confines of southern Bhutan. North and eastern Bhutan too carry a sizeable pocket of Nepali speaking Bhutanese. Interestingly, both of these terms are extensively (mis)used by the political parties and the Bhutanese refugees in exile. But neither of them however, define the ethnic/cultural identity of the people. At best, these terms point to geographic territory and not the people, their cultures, languages, history or traditions.

Nevertheless, the government is determined to impose this identity on the southern Bhutanese, while the southerners’ responses at best constitute a mixed bag. There are those who copy the term without a second thought and there are people who are still paranoid.

The term ‘Lhotshampa’ entered into Bhutanese lexicography sometimes in or after 1980. Its coinage and introduction by the Bhutanese government understandably was to stay clear of Nepalese identity. Stories have it, that Rajiv Gandhi’s four days visit to Bhutan in October of 1985 brought about a watershed in the mindset of the Bhutanese rulers verses the Nepali speaking southern Bhutanese people. Rajiv addressed the National Assembly of Bhutan during this visit. During his Bhutan entourage, Rajiv is said to have slyly commented that Bhutanese distinctiveness was not evident in the streets of Thimphu, and that from what it is, Bhutan looked much like Nepal. From what we saw in the aftermath of Rajiv visit, this little comment opened the Pandora’s Box for Bhutan and for the southern Bhutanese. The Marriage Act of 1980, the Citizenship Act of 1985, the National Census of 1989, the National Security Act of 1992 were all politically motivated by the notion to undo the ‘Nepaliness’ of the Nepali speaking population of southern Bhutan.

The term ‘Lhotshampa’ does not qualify people culturally. Any one who resides temporarily or permanently in the south is a ‘Lhotshampa’ regardless of his ethnic/cultural identity. By this logic even Ngalongs, Sarchhops or Khengpas living in southern Bhutan, could together fall under this broad rubric called ‘Lhotshampas’. Likewise, if the Nepali speaking southern Bhutanese permanently reside in the north, they cease to remain ‘Lhotshampa’ anymore. By territorial logic then, they would become Sarchhops or Knupchhops depending on where they live. The same person is a ‘Lhotshampa’ here, a Sarchhop there, and Knupchhop elsewhere, and yet he is completely different from what these identities stand for him. This logic applies equally to members of other ethnic groups relocating to the south. This, points to the flawed concept of using territory as a basis for identifying people.

Cultural identity surely is evolving and flexible. However, it remains fairly stable for a very long period of time. Any cultural group likes to perpetuate the same identity through time and territory, regardless of generational space or geographic location. Changes if any, occur very gradually and generally they can be expected to come from within. Any attempt at breaking this order either by the State or private parties will result in unnecessary social dislocations and political upheaval. This is exactly what took place in Bhutan after 1980.

The actions of the Bhutanese government particularly after 1980 were wholly uncalled for. The RGOB constantly flirted and meddled in the affairs of the people, seeking to prescribe or fix an identity for them. If anything, such State behavior arrested the very principles upon which peoples’ identities are rooted. The series of actions all too often, brought forth by the government set the balance off and ruptured the delicate fault lines between the diverse ethnic groups of Bhutan.

To sum it all, ‘Lhotshampa’ is not a judicious substitute nor does it provide an appropriate cultural identity for the Nepali speaking people of Bhutan.

‘Nepali’/‘Nepalese’/ ‘Prabasi Nepali’: Unaware of the terms beyond their literary and emotional reach, many southern Bhutanese commoners identify themselves as ‘Nepali’. ‘Hami Nepali’, ‘Hamro Nepali’ are common themes of daily conversation. Another fairly common term is “Prabasi Nepali”. It is a general term for the Nepali Diaspora outside Nepal, especially referring to those settled in the Indian subcontinent and Myanmar. Not many journalists and even academics seem to discriminate the hidden meanings and legal interpretation of these terms. While on a delegation to one of the NGOs in the Washington DC area, I was stunned when one of the delegates effortlessly explained that we are not ‘Bhutanese’, we are ‘Nepalese’. She was extremely confused.

To a politically sensitive mind however, the message received could make a different sense. It builds up an impression questioning your national background. Why let others point fingers at you? Going by the Constitution of Nepal, ‘Nepali’ stands for people of Nepal or the citizens of Nepal. Article 3 of the Constitution of Nepal 1990 says “the sovereignty of Nepal is vested in the Nepalese people…...” With its meaning defined in the Constitution, ‘Nepali’ can no more be a theme for ethnic or cultural expression. Instead, it connotes a political expression, of an individual’s nationality or citizenship. So the use of the term ‘Nepali’ or ‘Nepalese’ by the Nepali speaking southern Bhutanese looks inappropriate.

Within Nepal itself, the term ‘Nepali’ is seen to bear a huge double standard. In it fuses both the political and cultural identities of the Nepalese people. But the term ‘Nepali’ is not culturally neutral. As such it has become the primary source of social and cultural antagonism among the various cultural groups of Nepal especially between the ‘Pahadiyas’ and the ‘Madhesis’.

‘Illegal Nepalese immigrants’: This is the regimes’ invention and a pet name for the southerners. This is nothing but a fat baloney, which not only contradicts facts but also leads to the undoing of Bhutan’s southern population. Bhutan’s formula is simple and straight. First label the southern Bhutanese as ‘illegal Nepalese immigrants’ and then expel them.

‘Bhupali’: Wikipedia says “Bhupalis are Bhutanese of Nepali origin living as refugees in Jhapa, Nepal….” It adds, “Bhupalis have camps also in Bagrakot, Kalchini, Looksan and Birpara tea gardens in Jalpaiguri district of West Bengal, India”. The source of the term is not known but a few leaders in exile suspect if RAW has a hand in its origination. First spotted in some local Indian papers, today “the term is used by the Indian officials in and around Indo-Bhutan and Indo-Nepal regions”.

Some Bhutanese who are awakening to the cultural identity issue seem to find some attraction to this term. Dick Chhetri, a Bhutanese, who lives in California, USA recently wrote an article forwarding an idea if the term ‘Bhupalis’ should be considered for public debate. The sugestion is bold and commendable. My guess is that, barring some exceptions, many people may be interested in this debate. After all what is wrong in a debate? A good extensive debate could play the vehicle for knowing why we can or cannot adopt such a term. Remember, arguments which are logically true may not be publicly supported and widely supported ideas may not be logically true. The wisdom of the crowd and the wit of the intellectual must weave together should this debate ever take place.

‘Gorkhas’: It appears that the choice of the term has been influenced by a political belief that identities can sometimes be negotiated through political movements emphasizing on group identity. Close in the neighborhood, the Gorkhas in Darjeeling have partly done this with some success. They understood the political and cultural capital accruing from adopting the term. Obviously, its import to Bhutan could have been natural. The formation of a Bhutan Gorkha National Liberation Front (BGNLF) in 1993 brought the context closure home but led to a hotly contested debated among its adherents and opponents.

It is necessary that we try putting the term in historical context and assess its relevance to us today. Important also is to look into the nefarious misconceptions and uproar it has generated in the society. In Gorkha Baangmoya, Yogi Narhari Nath, talks about ‘Gorkhajati’. Yogi was considered an authority in ancient Nepalese history and remained a firm proponent of ‘Gorkhajati’ concept till his death. In contrast, there are others in whose view; the Gorkhas took their name from the Gorkha region of Nepal or from the erstwhile Gorkha regiment. Indeed, the reverse is true.

If there was no ‘Gorkhajati’, how did the Gorkha regiment come about? The existence of ‘Gorkajati’ must precede the formation of the Gorkha regiment. In fact, the Gorkha region derived its name only after the Gorkhas established their control over this area and named it ‘Gorkha’ in honour of their patron saint Guru Gorakhnath.

Legend has it that the Gorkhas took their name from the eighth century Hindu warrior-saint, Guru Gorakhnath. Guru Gorkhanath had a Rajput Prince/disciple - the legendary Bappa Rawal. Pleased with Bappa Rawal for his services, Guru Gorakhnath gave him a khukuri, the famous traditional weapon of the Gorkhas. The Guru, then professed that he and his people would henceforth be known as ‘Gorkhas’, meaning the disciples of the Guru Gorkhanath. Consequently, Bappa became the first ‘Gorkha’. The ancestors of Nepal’s contemporary Shah dynasty were his later descendants.

In Bhutan, the southern dwellers, who the Bhutanese government now calls as ‘Lhotshampas’ were known as ‘Gorkhas’ until 1958. A National Assembly resolution in 1958 converted them into ‘Nepalese’. The southerners were then mandated to identify themselves as ‘Nepalese’ and not ‘Gorkhas’. From what we know now, it appears that this could have been the regime’s initial ploy to change history and label them ‘illegal Nepalese immigrants’. That plan met fruition when in the 1990s; the regime unleashed its strategy and finally pointed the exit door towards Nepal.

Conclusion: Identity issues are pertinent to all. Not having an identity is like not having a name. But we seem to be sitting at the crossroads of an identity crisis. Identity issues are very sensitive, delicate and tend to become very susceptible at times, especially when our Diaspora is expanding. The gravity of the situation pertaining from this quandary suggests the need for finding a timely, stable and non-controversial terminology that fits well into our situation in Bhutan.

January, 13, 2009.

Note – This article was Posted on 27 January 2009 in www.apfanews.com feature story by editor.

Kanu Sanyal, one of the founders of the Naxal movement in India, committed suicide at his residence at Seftullajote village in north Bengal on Tuesday.

We take a look at the life and time of the veteran leader, who changed the course of Communist politics in India.

Who was Kanu Sanyal?

Kanu Sanyal was one of the founder members of the Naxal movement. Sanyal, along with fellow Communist revolutionary Charu Majumdar, started the Naxalbari movement in West Bengal on May 25, 1967. Though the movement was brutally crushed by the police within a few months, Naxalism as an ideology managed to survive and has evolved into the Maoist insurgency, considered to be the biggest threat to internal security in India today.

Sanyal was born in 1932 at Kurseong in Darjeeling. While working as a revenue clerk at the Siliguri court, Sanyal was arrested for waving a black flag at then West Bengal chief minister Bidhan Chandra Roy, to protest the Centre's ban on the Communist Party of India.

He was lodged at the Jalpaiguri jail, where he met then CPI district secretariat member and future comrade-in-arms Charu Majumdar. Influenced heavily by Majumdar's ideology, Sanyal joined the CPI after his release, and later sided with the CPI-M after the party split over the Indo-China war.

Sanyal soon became known for his firebrand politics, and in 1967, he famously led the armed peasant's movement in Naxalbari village in north Bengal. The movement marked the beginning of armed Communist struggle against the government, which later spread to other states and assumed virulent proportions in Andhra Pradesh and Orissa.

What happened at Naxalbari?

In May 1967, an armed peasant uprising against the oppression of landlords broke out in Naxalbari village in Darjeeling district.

Led actively by Sanyal and Majumdar, the movement was envisaged as an 'agrarian revolution to eliminate the feudal order'. Both Sanyal and Majumdar defended the use of arms and violence to fight back against the landlords. However, the state police, led by then chief minister Siddharth Shankar Roy, brutally suppressed the movement within a few months.

But the discontent and anger of the marginalised and the underprivileged sections of society continued to simmer in Bengal, which witnessed an intense surge in Naxal violence in the late 1960s and early 1970s.

What was Sanyal's next step towards a Communist revolution?

Sanyal and Majumdar founded the Communist Party of India-Marxist-Leninist in 1969. The duo aimed for an 'Indian revolution' via a sustained arms struggle, to establish 'liberated zones' across the country that would eventually be merged into a single vast unit completely under Naxal control.

Sanyal publicly sought help from China to further the arms struggle, and reportedly even visited Beijing, via Kathmandu, Nepal, in September 1967. However, it is not clear whether China offered any moral, financial or logistical support to the Naxal movement raging in Bengal.

What were the activities of the CPI-ML?

The CPI-ML believed in capturing power by violent means and carried out political assassinations by targeting the 'enemies of the proletariat'. They also conducted raids on banks and armouries to build up their resources.

Was Sanyal arrested for the group's activities?

Sanyal, who had gone underground, was arrested in August 1970. He was convicted in the Parvatipuram case (an organised uprising against landlords in Andhra Prdesh and Orissa), often dubbed as the biggest conspiracy case in history, and imprisoned for seven years at a jail in Visakhapatnam.

In July 1972, Majumdar was arrested from his hide-out, and he died in police custody at a Kolkata jail a fortnight later.

By 1977, West Bengal had heralded in a Communist government and then chief minister Jyoti Basu personally intervened to ensure Sanyal's release.

Was Sanyal involved in politics even after his release?

Though Sanyal had renounced armed struggle, he formed the Organising Committee of Communist Revolutionaries after his release. He later merged the OCCR with the Communist Organisation of India-Marxist-Leninist.

Sanyal later became the general secretary of the revamped CPI-ML, which was formed when several like-minded groups coalesced to form a Left-wing organisation.

On January 18, 2006, Sanyal was arrested with fellow agitators for disrupting a Delhi-bound Rajdhani Express train at the New Jalpaiguri Railway Station in Siliguri, while protesting against closures of tea gardens in the region.

Sanyal was a vocal critic of the land acquisition methods adopted by the state government in Singur and Nandigram. He slammed the CPI-M-led government, calling it capitalist, and hailed the popular uprisings in the two regions. Sanyal believed that led by selfless and strong leadership, the protests in Nandigram had the potential to surpass even the Naxalbari movement.

What were Sanyal's views about the Maoist insurgency?

Ironically, Sanyal often spoke out against the Maoist movement, even though he is considered to be one of its founding fathers. He was disillusioned by the relentless violence perpetrated by the Maoists, and the indiscriminate victimisation of poor farmers and tribals.

Readily admitting the mistakes made by his CPI-ML in its hey days, Sanyal often declared that acts of terror could not bring change; they only hurt popular movements and alienated the masses. (Meri News)
Interview with Kanu
When I met Kanu Sanyal
Abhijit Ghose (story & photo), TOI
I met Kanu Sanyal only once. In May 2007 I was assigned to do a full-page story on the 40 years of the Naxalbari movement. I knew that talking to one of the tallest leaders of the armed struggle would be invaluable for my story. A journalist-friend from Kolkata had given me his landline number. On reaching Siliguri in north Bengal, I called him up from my hotel room. Sanyal himself picked up the phone. “Come in the evening. We will talk,” he said.
The bus dropped me off at a point that I don’t remember by name. When I mentioned Kanu Sanyal and Hatigisha to villagers, they immediately showed me a narrow road that snaked past bamboo groves, a rivulet and small hamlets. It was a two-km walk in tranquil surroundings.
Sanyal, then 75 plus, was sitting outside a sparse mud house, which also served as a one-room party office in Hatigisha. The sun was dying and fearing it would get dark soon, I immediately clicked his photographs.
Sanyal said he had been ailing for some time. He looked frail. In the sixties, the bylanes of Calcutta and the paddy fields of Naxalbari echoed the slogan “Jail ka tala tootega/Kanu, Jangal chhootega (The locks of prison will break, Kanu and Jangal Santhal will be freed). One wondered how he would have looked then.
What followed was a 60-minute interview. It could have been longer but I was worried if I would get a return bus. “Don’t worry,” he said, “I will send someone to escort you back.” Two things were clear during that interview – the radical Left leader’s mind was as sharp as ever and that he remained committed to the revolution through mass struggle.
Excerpts from the interview, parts of which were published in The Times of India in May 2007:
What are your memories of May 25, 1967, the day the Naxalbari movement began?For us, May 24 is the Naxalbari day. That day, the police were informed that some leaders of the Naxalbari movement were hiding in Boro Jhorojote village. There were no leaders there but a huge gathering of peasantry and tea garden workers. One police officer was killed there. Since the peasant understood and accepted our politics and took up arms on their own, we celebrate that day as a victory of our political ideas. Other groups observe May 25 as Martyrs’ Day, when 11 activists were killed.
In retrospect, do you think that Charu Mazumdar's “annihilation of class enemy” line was a historical error?It was not only a historical error but also a fundamental deviation from Marxism-Leninism and the thoughts of Mao. But remember we did not follow the annihilation line (forming small squads and killing landlords, policemen and other class enemies) in the Naxalbari struggle. Only one landlord was killed during the struggle. In practice, the annihilation line was first followed in Srikakulam area of Andhra Pradesh in late 1969.
Why did the Naxalbari movement fail?
We had a strong base among the peasants and the tea garden workers. But we carried on the movement without a proper party structure. That was the main reason.
What are the long-term gains?
There was no protection to sharecroppers earlier. We captured land in Naxalbari and the peasants are still in control over the land. After 1977, the West Bengal government was forced to bring the Bargadari Act through which some hereditary rights were given to the sharecroppers. Another question that came up is that if we want to lead an agrarian revolution, we need a strong party. Consequently, the CPI (ML) was formed in 1969.
But that too wasn't successful in the long run because Charu Mazumdar's annihilation of class enemies line prevailed. In a very subtle way, he said that peasant committees and associations are not necessary. Neither were mass organizations necessary. Only form small squads and start annihilation of class enemies. So I don't agree that after forming CPI (ML) agrarian struggle started in new areas. Mobilising and organizing peasants and taking them ahead in the struggle was not done.
Did you meet Mao secretly in 1967?
Yes. It was a 45-minute meeting. We went by road to Kathmandu. From there Chinese comrades took us by jeep to Peking. We stayed in Tibet too. We reached China on September 30. The next day we saw them celebrate October 1 as National Day. I could see people weeping after seeing Mao. We met Mao, Chow En Lai and the commander in chief. Mao's advice was: whatever you learn in China, try to forget it. Go to your own country, try to understand the specific situation and carry the revolution forward.
If you were the chief minister of West Bengal today, how would you have dealt with Nandigram?
I can only answer the question from a peasant organiser point of view. I feel the issue cannot be resolved. If you think deeply, Nandigram isn't just about the March 14 police firing. It is a question of policy. They say that agrarian reform is done. So we are opting for industrialisation. But the truth is that they have not completed the task of agrarian reform in West Bengal. Besides, thousands of industries have been closed. The entire 150-year-old tea industry is facing a deep crisis but the CPI (M)-led state government has been unable to resolve the problem. We should be asking whom does the industrialization benefit. During the French revolution, under the leadership of the bourgeoisie, land was given to the tillers. They should follow the French model.
What is the larger point emerging from Nandigram?
India still needs an agrarian revolution. Without solving the agrarian problem, you cannot develop the country by industrialisation.
The Maoists are present to a greater or lesser degree in over 150 districts. What is their future?
The Maoists are sure to meet with failure. In an Andhra Pradesh village, where they are very powerful, I found out that some peasants were not tilling their land. I asked them, why? They said, “If we do so, the landlords will come and ask for the produce. And if we do what the Maoists tell us, the forces will come.” The Maoists, in spite of having guns, have failed to assure the peasants that they should serve a radical land reform in the countryside. Back in 1969, when CPI (ML) was formed, we used to say after one action in a district that agrarian revolution is going ahead. And that guerrilla warfare has started. The Maoists have started the same thing in a wider form. Only now guns are more easily available. But I can say that they are detached from the people.
The Maoists cannot see. Earlier this month people revolted in Ranchi against Reliance Retail. The Maoists are active in the areas in and around Ranchi but they cannot see what is happening. They just want state power first. They feel that by killing some policemen and blasting some police jeeps, the agrarian revolution is going ahead. In Iraq, people have no option but fight the American forces. That's what the Iraqi people are doing. They feel if we kill more and more foreigners, they will go back to their own country. Such an option is justified in Iraq. But not in India.

MOA DRAFT OF GTA and PREVIOUS PROPOSAL OF GJMM FOR INTERIM SETUP

GORKHALAND TERROTORIAL ADMINISTRATION

Memorandum of Agreement

Whereas the Gorkha Janamukti Morcha (GJM) has been demanding for quite sometime past a separate State of Gorkhaland for the hill areas of Darjeeling district including some areas of Siliguri Terai and Dooars (hereinafter referred to as the Region) ; And

Whereas both the Government of India and the Government of West Bengal have
repeatedly emphasized the need for keeping the region as an integral part of the State of West Bengal ;
And
Whereas after several rounds of tripartite meetings at the ministerial and at the official
levels, the GJM, while not dropping their demand for a separate State of Gorkhaland, has agreed

to the setting up of an autonomous Body (hereinafter referred to as the new Body) empowered with administrative, financial and executive powers in regard to various subjects to be transferred to the said Body for the development of the region and restoration of peace and normalcy there at;

And

Whereas the objective of this Agreement is to establish an autonomous self governing
Body to administer the region so that the socio-economic, infrastructural, educational, cultural, and linguistic, development is expedited and the ethnic identity of Gorkhas established, thereby achieving all round development of the people of the region ;

And

Whereas all issues including issues relating to transfer of subjects to the new Body have been agreed in various tripartite meetings at the official level;

And

Whereas after several round of Tripartite discussions between the Government of India, the Government of West Bengal and the GJM, an agreement was reached in respect of all the issues;

Now, therefore, the Government of India, the Government of West Bengal and the GJM,
keeping on record the demand of the GJM for a separate State of Gorkhaland, agree as follows:-

1) An autonomous Body, which shall be called the Gorkhaland Territorial Administration (GTA), will be formed through direct election. A Bill for this purpose will be introduced in the West Bengal Legislative Assembly ;

2) While under the provisions of the Constitution transfer of legislative powers to the new Body is not possible, the power to frame rules / regulations under the State Acts to control, regulate and administer the departments / offices and subjects transferred to the new Body will be conferred upon the new Body ;

3) The administrative, executive and financial powers in respect of the subjects transferred will be vested in such a way that the new Body may function in an autonomous and effective way ;

4) The subjects alongwith all Departments / Offices to be transferred to the new Body is appended as Annexure – ‘A’.

5) The area of the Gorkhaland Territorial Administration shall comprise the areas of the entire sub-divisions of Darjeeling, Kalimpong with extended areas of Kurseong. In regard to transfer of additional areas of Siliguri Terai and Dooars to the new Body, a High-Powered Committee will be formed comprising four representatives of GJM, three representatives of the State Government (one from the Home Department; the District Magistrate, Darjeeling; the District Magistrate, Jalpaiguri); the Director of Census Operations representing Government of India, apart from the Chairman of the Committee to be appointed by the State Government. The Chairperson of the Board of Administrators, DGHC will be the convener of this Committee. The Committee will look into the question of identification of additional areas in Siliguri Terai and Dooars that may be transferred to the new Body, having regard to their compactness, contiguity, homogeneity, ground level situation and other relevant factors.
The Committee will be expected to give its recommendations within a short period, preferably within six months of its constitution.

6) The work of this High-Powered Committee will run parallel to the electoral process which will be based on the existing area delimitation. However, the empowering statute will have a provision for transfer of the additional areas from Siliguri Terai and Dooars that may be agreed upon, based on the recommendation of this Committee.

7) In regard to transfer of all forests including reserved forest, it was agreed that the State Government will make a reference to the Central Government on the issue of reserved forest as the power delegated to the State Government under the Central statute cannot be delegated to any other authority straightaway. However, all offices catering to the unreserved forests under the jurisdiction of GTA would also be transferred to GTA.
8) Regarding Tribal status to Gorkhas except the Scheduled Castes, the GJM or any organisation representing the Gorkhas will make an application to the Backward Classes Welfare Department of the State Government, which is the authority to process such claims. The Department, upon receiving such application supported by necessary documents will conduct a study through the Cultural Research Institute, Kolkata. After examination by the Department, the matter will be referred to the National Commission for Scheduled Tribes. The recommendations already submitted to the National Commission will be followed up by the State Government. The  Government of India will consider for granting ST status to all the Gorkhas excepting SC.
9) In regard to regularization of all ad-hoc, casual, daily wage workers of DGHC, regularization by way of outright absorption is not feasible due to the current legal position as enunciated by the Hon’ble Supreme Court. However, those employees who have put in 10 years of continuous service would be guided by the Finance Department’s order of 23rd April, 2010. Those outside this ambit would be extended an enhancement in wages. This would be equivalent to 75% of the remuneration admissible under the order of the Finance Department subject to a minimum of 5,000/- per month for those who have not completed 10 years of continuous service.
As and when they complete 10 years of continuous service, they will be eligible for the full benefit in terms of the order of 23rd April, 2010. The employees will, however, have the liberty to apply for normal recruitment to any other posts of State Government. It was also agreed that the State Government will make necessary financial provisions for bearing the additional non-plan expenditure for this purpose.
10) There shall be a GTA Sabha for the GTA. There shall be a Chairman and Deputy Chairman to conduct the business of Council. The GTA Sabha shall consist of fortyfive elected members and five members to be nominated by the Governor to give representation to members of SC, ST, women, and minority communities. The M.Ps, M.L.As, and Chairpersons of municipality(s) of the region shall be Ex-officio Members to this GTA Sabha. The term of the GTA shall be five years.
11) The Executive Body shall consist of a Chief Executive who will nominate fourteenmembers out of the elected / nominated members as Executive Member. One of them shall be the Deputy Chief to be nominated by the Chief Executive.
12) Every member of the GTA shall before taking seat make and subscribe before the Governor or one of the elected members appointed in that behalf by him an oath or affirmation. The Chief Executive shall be administered an oath or affirmation by the  Governor.
13) There shall be a Principal Secretary of the GTA, who shall be of the rank of the Principal Secretary/Secretary to the State Government and who shall be selected by the Chief Executive from the panel sent by the State Government and shall be paid from the GTA Fund such salaries and allowances as may be fixed by the State Government. The Principal Secretary once deputed to the GTA shall not be ransferred for a period of at least two years without the consent of the GTA.
14) The Government of India and the Government of West Bengal will provide all possible assistance to the GTA for the overall development of the region. The Government of India will provide financial assistance of Rs. 200 crore (Rupees Two Hundred Crore) per annum for 3 years for projects to develop the socio-economic infrastructure in GTA over and above the normal plan assistance to the State of West Bengal. A list of projects which may be considered to be taken up by the GTA is at Annexure ‘B1’. List of projects to be separately taken up by the GTA with the State/Central Government is at ‘B2’.
15) The Government of India/ State Government will provide one time financial assistance required for development of administrative infrastructure viz., GTA Sabha House, Secretariat Complex and the residential quarters for the elected members of GTA and the senior officers.
16) The allocation sanctioned in the budget of GTA and all funds sanctioned by the State or the Union Government which remain unspent at the close of the financial year shall be taken into account for the purpose of providing additional resources in the Budget of the following year or years and the fund requirements will be met on a yearly basis.
17) The Government of West Bengal shall provide formula based plan fund with 60 per
cent weightage on population and the balance weightage on area backwardness, hill areas and border areas in two equal installments every year for executing development works.
18) The Government of West Bengal shall provide Non-plan grant including provisions
for bearing the additional Non-plan expenditure for existing employees payable in two installments in respect of the offices / departments transferred to GTA.
19) The fund received from the Government of India shall not be diverted and the State Government shall release the fund in time.
20) The GTA will have the power of creating Group B, C and D posts with the approval of Governor. The recruitment to Group B, C and D posts will be through a Subordinate Service Selection Board to be set up for this purpose.
21) The State Public Service Commission shall be consulted for the recruitment of Group ‘A’ officers.
22) The State Government will set-up a separate School Service Commission, College Service Commission; open an office of the Regional Pension and Provident Directorate; and set up an office for Registration of land, building etc., marriage, society etc. in the GTA area, subject to extant rules and regulations.
23) The Governor of West Bengal shall obtain a report on the functioning of the GTA and cause that report to be laid on the table of the West Bengal Legislative Assembly annually.
24) The Government of West Bengal will initiate action to re-organize / re-constitute the territorial jurisdictions of sub-divisions and blocks.
25) The GTA, once established, will separately take up the issues relating to grant of incentives, subsidies, waiver of taxes and tariff and other benefits as appropriate to the region’s backwardness, with the Central and State Governments.
26) A three-tier Panchayat will be constituted by elections in the GTA region, subject to the provisions of Part IX of the Constitution of India. Notwithstanding anything contained in the West Bengal Panchayat Act 1973, or the West Bengal Municipal Act, 1993, the GTA shall exercise general powers of supervision over the Panchayats and the Municipalities.
27) Since the formation of new authority will take some time and since the developmental works in the hills, which have already suffered badly, cannot be allowed to suffer further, there will be a Board of Administrators in DGHC which would be fully empowered to exercise all the powers and functions of the Chief Executive Councilor under the DGHC Act, 1988 and to decide on the much needed developmental works in the hills. The Board of Administrators will comprise MLA, Darjeeling; MLA, Kurseong ; MLA, Kalimpong ; District Magistrate, Darjeeling and Administrator, DGHC in keeping with the provisions of the sub-section (1) of Section 17 of the DGHC Act as amended vide Kolkata Gazette Notification of 22nd March, 2005.
28) The GJM agrees to ensure that peace and normalcy will be maintained in the region.
29) A review will be done by the State Government of all the cases registered undervarious laws against persons involved in the GJM agitation. Steps will be taken in the light of the review, not to proceed with prosecution in all cases except those charged with murder. Release of persons in custody will follow the withdrawal of cases.
30) The GTA youth would be considered for recruitment in the Police, Army and Para Military Forces subject to their suitability for such appointment.
31) The implementation of the provision of the Memorandum of Agreement shall be periodically reviewed by a committee representing the Government of India, Government of West Bengal and GJM.
32) The Government of West Bengal shall repeal the DGHC Act, 1988 along with formation of GTA to be constituted by an Act of the legislature.

Signed on 18th July, 2011 at Darjeeling in the presence of Shri P. Chidambaram, Hon’ble Union Home Minister and Mamata Banerjee, Hon’ble Chief Minister, west Bengal. 

(Dr. G.D. Gautama)                                                            (Shri Rooshan Giri )
Additional Chief Secretary,                                              General Secretary,
Home & Hill Affairs Department                     Gorkha Janmukti Morcha
Government of West Bengal                                       for and on behalf of the
for and on behalf of the                                              Gorkha Janmukti Morcha
Government of West Bengal

                                                    (Shri K.K. Pathak)
                           Joint Secreatry to the Government of India
                                            Ministry of Home Affairs
                        for and on behalf of the Government of India

Annexure ‘A’

List of Subjects to be transferred to the GTA
(1) Agriculture, including agricultural education and research protecting against pest and prevention of plants diseases; Horticulture, Floriculture and Food processing;
(2) Animal Husbandry and Veterinary, that is to say preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practices, cattle pounds; Dairy development;
(3) Cooperation;
(4) Information and Cultural Affairs
(5)School Education including primary education, secondary education, higher secondary education (including vocational training): Physical Education; Government Schools.
(6)College Education including Agricultural and Technical Colleges, Local Management of Government sponsored Colleges; Mass Education and Physical Education; Engineering, Medical, Management, and Information Technology with Government and Government sponsored colleges for which wings /cells shall have to be created by the GTA for the area under its jurisdiction;
(7) Adult Education and Library Services;
(8) Fisheries;
(9) Irrigation, drainage and embankments, floods and landslide protection;
(10) Food and Civil Supplies; Consumer Affairs;
(11) Management of any forest, not being Reserved Forest; [Explanation – ‘Reserved Forest’ shall mean a reserved forest as constituted under Indian Forest Act 1927 (16 of 1927)];
(12) Cottage & Small Scale Industries including sericulture, handloom and textiles; handicrafts and Khadi and Village industries;
(13) Cinchona plantation and settlement of land in possession of the plantation inhabitants: management of lease of cinchona lands etc. under it.
(14) Woman and Child Development and Social Welfare;
(15) District Sainik Board;
(16) “Health including Public Health and Family welfare” including hospitals,
dispensaries, health centres and sanatoriums, establishing a Nurses Training School;
(17) Intoxicating liquors, opium derivatives subject to the provisions of Entry 84 of List I of the Seventh Schedule; distilleries – control and regulation, Bonded House and raising of revenue;
(18) Irrigation;
(19) Water Resources Investigation and Minor Irrigation;
(20) Labour and Employment;
(21) Land & Land Revenue including allotment, occupation or use, setting apart of land other than land with reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes to promote interest of the people; 

(22) Library services (financed and controlled by the State Government);
(23) Lotteries (subject to the provisions of the Entry 40 of the List I of the Seventh Schedule);
(24) Theatre, dramatic performances and cinemas (subject to the provisions of the Entry 60 of List I of the Seventh Schedule); Sports; entertainment and amusements;
(25) Markets and fairs;
(26) Municipal corporation, improvement of trust, district boards and other local authorities; Fire Services;
(27) Museum and archeology institutions controlled or financed by the State, ancient and historical monuments and records other than those declared by or under any Law made by Parliament to be of national importance;
(28) Panchayat and Rural Development including District Rural Development Agency(DRDA);
(29) Planning and Development;
(30) Printing and Stationery;
(31) Public Health Engineering;
(32) Public Works Department including work relating to State Highways as well as the responsibility discharged by the State Government for maintenance of National Highways within the jurisdiction of GTA;
(33) Publicity and Public Relations including Regulation of Media – both Print and Electronic media;
(34) Registration of births and deaths;
(35) Relief and Rehabilitation, establishing a branch of disaster management in consultation with NDMA under the extant laws/rules.
(36) Sericulture;
(37) Small, cottage and rural industry subject to the provisions of Entries 7 and 52 of List I of the Seventh Schedule;
(38) Social Welfare; including part of SC & ST Development and Finance Corporation under GTA area;
(39) Soil conservation;
(40) Sports and Youth Welfare;
(41) Statistics;
(42) Tourism: Tourism infrastructure within the jurisdiction of the GTA catering to the area of GTA would be transferred to GTA. However, GTA may set up its own wing of Tourism Development Corporation for the area under its jurisdiction;
(43) Transport (roads, bridges, ferries and other means of communication not specified in List I of the Seventh Schedule, municipal tramways, ropeways, inland waterways and traffic thereon, subject to the provision of Entry 40 of List I and List III of the Seventh Schedule with regard to such waterways, vehicles and other mechanically propelled vehicles);
(44) The State Government will consider opening an RTO Office in the GTA area however; powers vested with the DM at present would remain with him only.
(45) Tribal research institution controlled and financed by the State Government;
(46) Urban development – town and country planning;
(47) Weights and measures subject to the provisions of Entry 50 of List I of the Seventh Schedule;
(48) Welfare of plain tribes and backward classes subject to the area being under GTA only;
(49) Welfare of the Scheduled Castes and Scheduled Tribes and Other Backward Classes;
(50) Welfare of Minorities;
(51) Management and settlement of land including markets and market sheds controlled by the Darjeeling Improvement Fund;
(52) Minor Minerals and Mineral development (subject to the provisions of Entry 23 of List II of the Seventh Schedule);
(53) Rural electrification;
(54) Renewable sources of energy including water-power (subject to Entry 56 of List I and Entry 38 of List III of the Seventh Schedule);
(55) Sharing electricity with GTA subject to evolving a mutually agreeable formula with the State government.
(56) Pounds and prevention of cattle trespass;
(57) Management of burial grounds and cremation grounds;
(58) Regulation of Cable channels; to the extent the powers of Central Act, i.e. the Cable Television Network (Regulation) Amendment Act, 2002 vests with the State government;
(59) Tauzi: Tauzi Department of the Collectorate.

Annexure ‘B1’

LIST OF PROJECTS TO BE UNDERTAKEN BY THE GTA TO DEVELOP THE PHYSICAL AND SOCIAL INFRASTRUCTURE IN THE GTA AREA IN ORDER TO ACCELERATE THE DEVELOPMENT OF THE REGION
1. Comprehensive water supply system in the new body area;
2. Multi-super specialty Medical College and Hospital;
3. Establishment of Hospitality and Tourism Management Institute;
4. Establishment of a College of Nursing;
5. Establishment of a Gorkha House at New Delhi;
6. Establishment of an Institute for Research and Development of the Nepali Language;
7. Establishment of a Cultural Institute to preserve, promote and develop culture, tradition, heritage of the people of the region;
8. Establishment of Research and Development Institute for Tea and Cinchona;
9. Research and Development Institute for Horticulture, Floriculture;
10. Balasan Drinking Water Project to be taken up by the Union Government and be declared as a National Project;
11. Sidrabong Hydro Project has been declared a National Heritage but neglected. Funds for its maintenance and upkeep;
12. Food processing, agro-processing complex and cold storage;
13. Creation and development of the IT industry in this region;
14. A new bridge connecting Dooars to be constructed over the Teesta River as the only Coronation Bridge has become very old and it may collapse any time;
15. Mini and Micro Hydro Projects in GTA;
16. Establishment of Eight Multi disciplinary College different areas of the Region;
17. Establishment of Veterinary Hospitals;
18. High School/Higher Secondary School for every twenty-five villages;
19. Processing plants for Cinchona at Mungpoo;
20. Establishment of Polytechnics for all subdivisions;
21. 2 ITIs / Vocational Institutes in each subdivision;
22. Construction of Multi storied Car Parking at Darjeeling, Kurseong and Kalimpong;
23. Construction of Circular Road connecting Darjeeling Town-Lebong-Pandam-
Jorebunglow-Darjeeling Town;
24. Construction of Rope way at Kalimpong( Delo – Relly), at Darjeeling (Tukvar-Singla) and (Batasia-Roack Garden), at Mirik ( Mirik – Kurseong), at Kurseong (Giddeypahar- Rohini);
25. Special Fund for the construction of Super-speciality Hospitals in every Sub-Division;
26. Creation of an Industrial zone in an area of at least 1000 acres in the plain areas of the proposed GTA and to be accorded status of special economic zone;
27. Institute of Capacity Building & Livelihood School.

Annexure ‘B2’

LIST OF PROJECT PROPOSALS WHICH GTA MAY TAKE UP WITH THE
STATE/CENTRAL GOVERNMENT

1. Establish a Central Institute of Technology.
2. Establishment of a Central University;
3. National Institute of Technology (NIT) including IT and Bio-technology;
4. Construction of an alternative National Highway from Siliguri via Mirik along Balasan
River to Darjeeling;
5. Establishment of a Fashion Technology Institute;
6. Establishment of a Sainik School;
7. Establishment of National Games and Sports Academy;
8. Establishment of a Tea Auction Centre at Darjeeling;
9. Darjeeling Himalayan Railway to be revitalized for boosting Tourism sector;
10. To establish a Broad-gauge Railway Terminal Station at Sukna;
11. Strengthening and Widening of National Highway 55 and 31 A;
12. Central Government Engineering College funded by GOI;
13. Revival of Trade route to Tibet via Jelep-la from Kalimpong;
14. Reservation of seats for students of this region in College/Institution of higher educationincluding Engineering, Technical, Medical and Management etc all over India;

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.   SALIENT FEATURES OF THE STRUCTRE - POWERS AND FUNCTIONS OF THE INTERIM AUTHORITY:

a.      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

i.       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.

ii.      Powers to exclude the application of laws of West Bengal (subject to laws made or to be made by Parliament).

b.      Chief elected by the Board.

c.      Executive Committee headed by the Chief

d.      Judiciary subordinate to its own High Court

e.      Full legislative and administrative jurisdiction over panchayats and Municipalities.

f.       Legislative, Executive and Judicial control over the Departments administering the   

subjects enumerated in Schedule A.C

g.      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.

h.      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.

i.       Special Initial Assistance of two thousand crore rupees to be divided and disbursed equally over a period of five years.

j.       Direct Plan Fund in accordance with approved yearly and Five Year Plans without routing through the State Government.

k.      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.

l.       Guarantees by State/Union Government enabling borrowing by the interim authority.

m.    Public Service Commission and full powers of recruitment and conditions of service.

n.      Powers to impose regional restrictions on trade, commerce and intercourse subject to the limitations imposed by the Constitution.

o.      Allocation of all regional benefits hitherto accruing to the State of West Bengal such as  hydropower, trade and industrial subsidies.

p.      Reservation of Seats in higher education in institutes in all over India.

q.      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.

r.       Special fund for the construction of super-speciality hospitals in the region.

s.      Establishment of broad-gauge railway stations at Sukna, Sevoke, Malbazar,Birpara and Kalchini.

t.       Concomitant opening of all closed tea-gardens within the region.

u.      Induction of personnel of the Gorkhaland Personnel (GLP) in armed forces/paramilitary.

v.      Office of the Advocate-General for the region.

w.     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.

x.      Establishment of a Tribal Research Institute.

y.      Such other powers and functions as may mutually be acceptable.

6. EXEMPTIONS:

a.     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.

b.     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

1.         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).

2.         Police (including railway and village police) subject to the provisions of entry

of List 1.)

3.         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.

4.         Public health and sanitation; hospitals and dispensaries.

5.         Relief of the disabled and unemployable.

6.         Burials and burial grounds; cremations and cremation grounds.

7.         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].

8.         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.

9.         Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.

10.      Preservation, protection and improvement of stock and prevention of animal diseases; veterinary training and practice.

11.      Pounds and the prevention of cattle trespass.

12.      Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power.

13.      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.

14.      Fisheries.

15.      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.

16.      Industries subject to the provisions of this schedule.

17.      Trade and commerce within the State subject to the provisions mentioned in this schedule.

18.      Production, supply and distribution of goods subject to the provisions mentioned in this schedule.

19.      Markets and firs.

20.      Inns and inn-keepers.

21.      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

22.      Theaters and dramatic performances; cinemas, sports. entertainments and amusements.

23.      Betting and gambling.

24.      Works, lands and buildings vested in or in the possession of the region.

25.      Elections to the Interim Authority of the region subject to the provisions of any law made by Parliament.

26.      Salaries and allowances of members of the Interim Authority of the region, of the Speaker and Deputy Speaker of the Interim Authority.

27.      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.

28.      Salaries and allowances of members of Interim Authority for the region.

29.      Regional public services; Regional Public Service Commission.

30.      Treasure trove.

31.      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.

32.      Taxes on agricultural income.

33.      Duties in respect of succession to agricultural land.

34.      Estate duty in respect of agricultural land.

35.      Taxes on lands and buildings.

36.      Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.

37.      Duties of excise on the following goods manufactured or produced in the region and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India:

(a) alcoholic liquors for human consumption;

(b)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.

38.      Taxes on the entry of goods into a local area for consumption, use or sale therein.

39.      Taxes on the consumption or sale of electricity.

40.      Taxes on The sale or purchase of goods other than newspapers.

41.      Taxes on advertisements other than advertisements published in the newspapers ² [and advertisements broadcast by radio or television].

42.      Taxes on goods and passengers carried by road or on inland waterways.

43.      Taxes on vehicles, whether mechanically propelled or not, suitable for use on roads, including tramcars subject to the provisions of this schedule.

44.      Taxes on animals and boats.

45.      Tolls.

46.      Taxes on professions, trades, callings and employments.

47.      Capitation taxes.

48.      Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.

49.      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.

50.      Offences against laws with respect to any of the matters in this List.

51.      Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this schedule.

52.      Fees in respect of any of the matters in this schedule, but not including fees taken in any court.

53.      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.

54.      Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.

55.      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.

56.      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.

57.      Transfer of property other than agricultural land; registration of deeds and documents.

58.      Contracts, including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.

59.      Actionable wrongs.

60.      Bankruptcy and insolvency.

61.      Trust and Trustees.

62.      Administrators-general and official trustees.

63.      Administration of justice; constitution and organisation of all courts, except the Supreme Court and the high Courts.

64.      Evidence and oaths; recognition of laws, public acts and records, and judicial  proceedings.

65.      Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.

66.      Contempt of court, but not including contempt of the Supreme Court.

67.      Vagrancy; nomadic and migratory tribes.

68.      Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.

69.      Prevention of cruelty to animals.

70.      Forests.

71.      Protection of wild animals and birds.

72.      Adulteration of foodstuffs and other goods.

73.      Drugs and poisons subject to the provisions of this schedule with respect to opium.

74.      Economic and social planning.

75.      Population control and family planning

76.      Commercial and industrial monopolies, combines and trusts.

77.      Trade unions; industrial and labour disputes.

78.      Social security and social insurance; employment and unemployment.

79.      Welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits.

80.      Education, including technical education, medical education and universities, vocational and technical training of labour.

81.      Legal. medical and other professions.

82.      Charities and charitable institutions, charitable and religious endowments and religious institutions.

83.      Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.

84.      Vital statistics including registration of births and deaths.

85.      Ports other than those declared by or under law made by Parliament or existing law to be major ports.

86.      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.

87.      Trade and commerce in, and the production, supply and distribution of —

a)      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;

b)        foodstuffs, including edible oilseeds and oils;

c)        cattle fodder, including oil cakes and other concentrates;

d)        raw cotton, whether ginned or unginned, and cotton seed; and

e)        raw jute.

88.     Weights and measures except establishment of standards.

89.     Price control.

90.      Mechanically propelled vehicles including the principles on which taxes on such vehicles are tbe levied.

91.      Factories

92.      Boilers.

93.      Electricity.

94.      Newspapers, books and printing presses.

95.      Archaeological sites and remains other than those 2[declared by or under law made by

Parliament] to be of national importance.

96.      Custody, management and disposal of property (including agricultural land)   declared by law to be evacuee property.

97.      Acquisition and requisitioning of property.

98.      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.

99.      Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp_, duty.

100.  Inquiries and statistics for the purposes of any of the matters specified herein.

101.   Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the   matters in this schedule.

102.   Fees in respect of any of the matters in this schedule but not including fees taken in any court.