SIKKIM OBSERVER   Aug 20, 2011

Dhakal to lead anti-corruption, ‘Black Bill’ campaign

Golay’s men in Nagarik Adhikar Suraksha Sangathan

By A Staff Reporter

Gangtok, Aug 19: As expected former civil servant T N Dhakal, who retired from government service last year as special secretary, has formed his own non-political outfit

– Nagarik Adhikar Suraksha Sangathan (NASS).

The new body reportedly was formed in Melli, south Sikkim, at a meeting where Dhakal was elected the President of the new body. It came out in the open here yesterday at a press conference addressed by Dhakal and others.

The ruling Sikkim Democratic Front’s dissident leaders, Nima Theeng, Sonam Bhutia and Kiran Chettri, who recently quit the party and are believed to be close to dissident SDF legislator PS Tamang (Golay), are in the executive committee of the party. The chief coordinator of the Samiti is MN Dahal, brother of former Lok Sabha MP and SDF spokesperson, who recently retired from government service.

One of the main objectives of the Samiti at present is to oppose the recently-introduced Sikkim Prevention and Control of Disturbance of Public Order Bill, 2011, which has reportedly been withdrawn following massive protest by the Opposition, Dhakal said during the press conference.

Dhakal said the new body will also highlight rampant corruption in the State, will support Anna Hazare’s campaign against corruption and create general awareness of civil rights of the people.

The executive body of the Samiti is as follows: TN Dhakal (President), MN Dahal (Chief Coordinator), Sonam Bhutia (Coordinator), Nima Theeng, Birendra Subba, Tenzing Gyatso Bhutia and Hari Das Rai (Vice-President), Milan Rai (General Secretary), Kala Rai and Tshering Dorjee Bhutia (Joint-Secretary), Kiran Chettri (Publicity Secretary) and  Chinkazi Shrestha (Treasurer).

 The Samiti also has four convenors and eight vice-convenors: Deepen Hang Subba, Krishna Gurung, Bishnu Sharma and Palden Bhutia (Convenor) and RB Subba, Chewang Norbu Lepcha, Santosh Pradhan, Pawan Gurung, Yapchung Bhutia, Phurten Lepcha, Gopal Gurung and Ashok Pradhan (Vice-Convenor).

Many of the members of the Samiti’s executive committee, who quit the ruling party earlier, are with Golay. Dhakal, who has strong views on various issues relating to ‘Sikkim Subjects’, may be keeping the seat warm for Golay.

Gorkha League supports Sikkim-Darjeeling merger demand

By A Correspondent

Darjeeling, Aug 19: The All India Gorkha League (AIGL) has supported the Sikkim-Darjeeling merger demand raised by Sikkim-Darjeeling United Front (SDUF).

AIGL President Bharati Tamang said her party would soon convene a meeting on the issue of Darjeeling’s merger with Sikkim. She said her party first preferred a separate state of Gorkhaland and if this is not possible the next option would be to merge Darjeeling with Sikkim, where the Nepalese are in the majority.

The Front had urged the AIGL to support its demand during a press conference held in Siliguri on Sunday.

CPRM leader RB Rai was not opposed to the merger demand.  He said the initiative on the issue should come from the people of Sikkim.

The merger demand was one of the main issues raised by the Gorkha Rashtriya Congress (GRC), a unit of the SDUF, whose President, late D K Bomzan campaigned on the issue in Sikkim before he passed away in October 2010.

It was mainly due to the ongoing agitation in Darjeeling for the statehood demand and also because of the negative response on the merger issue from Sikkim and also because of the untimely death of the GRC leader that the issue was shelved temporarily.

CM wishes Bhandari speedy recovery

By A Staff Reporter

Gangtok, Aug 19: Chief Minister Pawan Chamling has wished speedy recovery for the former chief minister N B Bhandari who was referred to a hospital outside the State yesterday.

The Chief Minister met Bhandari before his departure for Delhi here at the STNM where he was being treated for heart ailments since August 10.

Besides inquiring about his health and wishing him speedy recovery, Chamling also asked the doctors to provide “best medial facilities and care” for the ailing Congress chief, according to an official release.

Bhandari has been referred to Medanta Medi City, Gurgoan, Haryana, by a panel of doctors of STNM Hospital for his further treatment.

Opp to go ahead with ‘Black Bill’ protest

Observer News Service

Gangtok, Aug 19: Despite the State Government’s decision to withdraw the controversial Sikkim Prevention and Control of Disturbance of Public Order Bill, 2011, labeled as the “Black Bill” by the Opposition, agitation against the Bill will continue.

This was decided during an all-party meeting held here yesterday. “Unless the Bill is withdrawn from the Assembly itself we will agitate against it,” said Biraj Adhikari, President of Sikkim National People’s Party (SNPP).

As per an official press release, the Bill, which was introduced in the Sikkim Legislative Assembly by Chief Minister Pawan Chamling in his capacity as Home Minister on August 11, “has been decided to be withdrawn by the Government.”

“The very wording of the release seems unclear and confusing. Has the government withdrawn the Bill or is it a merely a decision to withdraw the Bill?” questioned a senior opposition leader.

Unconfirmed reports say that the Bill was withdrawn on the advice of the Governor, B P Singh, who met the Chief Minister informally on two occasions on August 15 during the I-Day celebrations.

It may be noted that the proposed withdrawal of the Bill followed three significant developments. Firstly, all Opposition parties, including the Congress and BJP, and some non-political organisations were united in opposition the “Black Bill”, which they said was aimed at suppression of democratic rights of free movement and expression guaranteed under the Constitution. Opposition leaders also decided to hold joint agitation all over the State on the issue.

Secondly, on August 14 on the eve of I-Day celebrations activists of Sikkim Himali Rajya Parishad Party (SHRPP) burnt the effigy of the chief minister in the capital in protest against the Black Bill. This was followed by total boycott of Raj Bhavan I-Day high tea party hosted by the Governor by the Opposition.

CPI(M) leader Anjan Upadhyaya said the Opposition would continue with their agitation against the Bill. “We need to apprise the people of the real intentions of the government in introducing the Bill,” said Upadhyaya. “Till the Assembly resumes on August 26 and until the Bill is formally withdrawn from the House opposition parties will hold meetings all over the State to inform the people of the government’s nefarious intentions to curb the democratic rights of the people,” he added.

Democracy without dissent is totally unacceptable

Jigme N Kazi

Gangtok, Aug 19: Dissent was almost effectively and formally suppressed in the former Himalayan kingdom that reluctantly embraced ‘democracy’ three and half decades back.

The man who seventeen years ago protested against former chief minister Nar Bahadur Bhandari’s corrupt and dictatorial regime last week tabled The Sikkim Prevention and Control of Disturbance of Public Order Bill in the Sikkim Legislative Assembly. The Bill seeks to curb basic fundamental democratic rights of the people enshrined in the Constitution.

“We got democracy in exchange of our sovereignty,” said Chief Minister Pawan Chamling when he led the movement for restoration of democracy in the State in 1993-94. The pro-democracy and anti-Bhandari movement led to Bhandari’s defeat in the November 1994 Assembly polls that saw Chamling form his Sikkim Democratic Front government in December 1994. The tide has turned full circle now. Chamling has now been accused of corruption and dictatorial tendencies, two major issues he used to unseat Bhandari.

The Congress party-initiated CBI case against Chamling and his present and former ministers is presently with the Supreme Court. Pressure for CBI probe against Chamling’s disproportionate assets case is mounting by the day and the four-term chief minister is placed in a tight situation.

Reacting to what the Opposition termed as the “Black Bill”, Acting President of Sikkim Pradesh Congress Committee Kunga Nima Lepcha said the “draconian” Bill was a “conspiracy” of the ‘Sikkim Autocratic Front’ government’s bid to suppress any form of opposition and dissent in the State against the “misdeeds and anti-people activities” of the Chamling Government.

In a rare show of unity Opposition leaders boycotted the Governor’s tea party on Independence day.  The decision to boycott the official function of the Raj Bhavan was taken during a hurriedly-held meeting of the Opposition here a day after the Bill was tabled in the House by Chamling, also the Home Minister.

Sikkim National People’s Party President Biraj Adhikari said opposition parties have decided to hold protest rallies in the State to oppose the “dictatorial” proposal of the ruling party.

Sikkim Himali Rajya Parishad Party (SHRPP) led by its President AD Subba, who took part in the meeting, said party workers burnt Chamling’s effigy in west Sikkim in protest against the Bill.

SHRPP members again torched Chamling’s effigy in Gangtok on the eve of the I-Day celebrations. According to SHRPP General Secretary Tara Shrestha, police arrested 8 party workers in connection with the incident.

“The Black Bill is unacceptable in a democracy. It is aimed at throttling the voice of the people,” said CPIM leader Anjan Upadhyaya said

Sikkim BJP President Padam Bahadur Chettri while condemning the Bill as “undemocratic” appealed to dissident SDF leader and MLA PS Tamang to raise the issue in the Assembly  when it comes up for discussion on August 26. But as all the 32 MLAs in the Assembly belong to the ruling party there is not much that Tamang can do to stop the smooth passage of the Bill.

The Sikkim Liberation Party (SLP) Convenor, Duk Nath Nepal, said by introducing the Bill in the Assembly the Chamling Government has proved that it has lost “faith” in the “Indian Constitution” and the “system of constitutional democracy.”

N B Khatiwada, one of the chief architects of Sikkim’s merger, who is presently with the Sikkim Gorkha Prajatantrik Party (SGPP), while supporting opposition to the Bill, said, “The Black Bill is the most unfortunate move of the SDF government. This is a Bill to suppress the freedom of expression of the people.”

Leaders of the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC) and All Sikkim Educated Self-Employed & Unemployed Association were also present during the all-party meeting.

The Opposition is no mood to submit itself to the new law. “We will hold rallies, carry black flags and shout slogans to oppose the Black Bill,” threatened Adhikari. Opposition leaders have decided to carry on with their anti-Bill agitation even after the Bill was reportedly withdrawn by the government on August 16 on the advice of the Governor.

The Bill seeks to curtail freedom of expression and movement in the State by imposing heavy penalties. Anyone who engages in rallies, processions, hunger strikes, shouting slogans, waving black flags and thereby disturbing public  peace and order will be fined Rs 50,000 and sent to jail for five years.

Those who take part in extortions, drug abuse, employ children for household work, and children under 18 years caught smoking, visiting bars and discotheques would also face severe punishment under the Bill.

Recently, four members of the SDF’s Central Executive Committee (CEC) quit the party in protest against Chamling’s “undemocratic and autocratic” style of functioning. “Presently, no ones voice is heard apart from yours in the party,” their resignation letter to Chamling, who is also the party president, said. It added, “Those who give good suggestions are labeled as anti-party.” 

Hopefully, the Black Bill will be withdrawn when the Assembly resumes on August 26. But the evil intentions behind this piece of legislation cannot be easily erased or pardoned.

Editorial

NATIONAL REFERRENDUM

Parliamentarians Need To Be Taught A Lesson

The manner in which the UPA Government, more particularly its Congress ministers and spokespersons, over the issue of corruption not only reflects the bankruptcy of its political leadership to tackle with such grave issues but further exposes the rot in our parliamentary system. Several highly-placed elected members of the Parliament seem to think that since they have been voted to the House they can do whatever they like in the name of “parliamentary democracy” and “law and order”. In this country the Constitution is supreme and not the Parliament. If our MPs continue to suppress the just and democratic aspirations of the people for a more transparent and accountable system of governance that checks the growing corruption in the administration and in the daily life of the citizens then there ought to be a nationwide referendum against a corrupt and incompetent government at the Centre.

The hollowness and the hypocricy of the UPA leadership in dealing with the Lokpal Bill and Team Anna is evident to all except for those few who feel that, because they have been elected to the Parliament, have the right to illegally and unjustifiably clamp down heavily on those who do not agree with them. When Yoga Guru Ramdev protested and demanded that black money be brought back to the country the authorities started digging into his and his aide’s past with a view to placing them behind bars. Even Anna was not spared and he has been accused of misappropriation of funds. Instead of responding positively to the sane voice of civil society and cracking down on the corrupt the UPA government’s prime motive seems to be to harass and victimize those who are exposing the corrupt. How stupid and immature they can be? Don’t they realize that it is they who are being exposed in the process? Hypocrites have a way of lying in a mild manner and some of those at the top seems to have perfected this art. In India’s second fight for freedom the first agenda should be to replace the present lot of parliamentarians by better and more responsive representatives of the people. We’ve had enough of this farce; it cannot and must not go on and on forever. Its time for the corrupt to make their final exit as soon as possible through the court of the people.

Bhutia-Lepchas wish Sonia, Bhandari speedy recovery

Observer News Service

Gangtok, Aug 19: The minority Bhutia and Lepcha tribals in the State have prayed for speedy recovery of Congress President and UPA chairperson Sonia Gandhi and former Chief Minister Nar Bahadur Bhandari, who are undergoing medical treatment in the US and Delhi respectively.

While Sonia is recovering from her recent operation in the US, Bhandari, who was under medical treatment here at the STNM hospital for heart ailments, has been taken to Delhi as his health deteriorated after he was hospitalized here on August 10.

In a message, the Sikkim Bhutia-Lepcha Apex Committee (SIBLAC) Convenor Tseten Tashi Bhutia, said the organization “prays for the early recovery” of both and “aspires that Guru Rinpoche and all the guardian deities of Sikkim bestow the most perfect state of sound health.”

PEOPLE WANT TO KNOW People Have A Right To Know

GORKHALAND TERRITORIAL 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 fourteen

members 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

transferred 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 Fund

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,

Kureong ; 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 under

various 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 Secretary to the Government of India

Ministry of Home Affairs

for and on behalf of the

Government of India