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Memorandum of Settlement Between the Government of Mizoram and Hmar People's Convention (Democratic)

Memorandum of Settlement Between the Government of Mizoram and Hmar People's Convention (Democratic)

Monday, April 2, 2018

/ by Simon Infimate
MEMORANDUM OF SETTLEMENT 

1. PREAMBLE 

1.1 The Government of Mizoram has been making earnest efforts to bring about an amicable solution to the problems arising out of the demands of the Hmar People's Convention (Democratic).

1.2 Towards this end, an initiative was taken by the Government of Mizoram and a series of Peace Talks were held with the Lenders of Hmar People's Convention (Democratic). Settlement on various issues reached during the course of the Talks are incorporated in the following paragraphs.

OBJECTIVE 
2.1 The main objective of the Memorandum of Settlement is to give enhanced autonomy in the manner of Administration within the frame work agreed upon by both parties, in the sphere of socio-economic, political and cultural development of the people under the jurisdiction of the Sinlung Hills Council. In terms of the aforesaid objective, the Sinlung Hills Development Council is thus envisaged to be rechristened as the Sinlung Hills Council by an Act of State Legislature.

2.2 The Government shall consult and give due regard to the views of the Sinlung Hills Council before any law is made and implemented in the Council Area on the following subjects, namely —

(1) The religious and social practices of the people living in the Council Area.
(2) The customary laws and procedures of the Hmar Community.

3 RESTORATION OF NORMALCY 

3.1 With a view to restoring peace and normalcy in Mizoram, the Hrnar People's Convention (Democratic) on their part agree to undertake, within the agreed time-frame, all necessary steps to end all under- ground activities, to bring out all underground personnel of the Hmar People Convention (Democratic) with their arms, ammunition and equipments to ensure their return to civil life, to abjure violence and help in the process of restoration of normalcy. The modalities of bringing out all underground personnel will be worked out. The implementation of the foregoing provisions will be under the supervision of the Government of Mizoram.

3.2 The Hmar People's Convention (Democratic) shall take immediate steps to amend, as may be necessary, its Articles of Association/Constitution so as to make them conform to the provisions of Law.

3.3 The Government of Mizoram will take steps for relief/rehabilitation of all Hmar People's Convention (Democratic) underground personnel hailing from the State of Mizoram coming over ground and on ex-gratia/rehabilitation scheme will be implemented by the State Government from its own resources or by exploring avenues for availing the rehabilitation package from the Ministry of Home Affairs, Government of India. Rewords shall also be given for surrendered arms and ammunitions by the Government of Mizoram, at the scale to be prescribed.

3.4 The Hmar People's Convention (Democratic) undertake not to extend any support to any insurgent groups by supply of arms or providing protection or in any other manner. It shall also endeavor to fully implement all provisions of the Memorandum of Understanding in order to bring about a lasting peace in the Sinlung Hill Council area.

4 ADMINISTRATIVE SET UP 

4.1 With a view to bringing about o greater degree of socio-economic, political and cultural development of the people in the north and north eastern ports of Mizoram comprising an area of the existing Sinlung Hills Development Council, as notified by the Government of Mizoram on authority in the name of Sinlung Hills Council shall be established by on act of State Legislature.

4.2 A separate fund shall be set up for the Council to which shall be credited receipt from the State Government and other sources and from which disbursement shall be made in connection with the affairs of the Council and implementation of developmental scheme within the area of the Council.

5. COMPOSITION OF COUNCIL 

5.1 The Sinlung Hills Council shall consist of 14 (fourteen) members of which 12 (twelve) shall be directly elected and 2 (two) shall be nominated by the Government in consultation with the Sinlung Hills Council and thus comprises of -

(1) 1 (one) member to be Chief Executive Member.
(2) 1 (one) member to be the Chairman.
(30 1 (one) member to be the Deputy Chairman.
(4) 4 (four) Executive Members.
(5) 5 (five) Members.
(6) 2 (two) nominated Members.

5.2 The constitution and composition of the Council shall be as enumerated below, which may be amended as agreed upon by both parties by an Act of legislature.

5.3 The Government may, by notification In the Official Gazette, declare Sakawrdai or any other place within the Council Area to be the Headquarters of the Council.

5.4 There shall be a Secretariat for the Sinlung Hills Council at the headquarters of the Council headed by a Secretory to be posted by the Government of Mizoram in consultation with the Chief Executive Member.

6. POWERS AND FUNCTIONS 

6.1 The powers and functions of the Council will be as indicated below:-
(1) to formulate plan and schemes for Sinlung Hills Council area, set priorities and determine plan, policies and thrust areas and forward the proposed plan to the State Government for approval.
(2) to formulate, execute and implement Sinlung Hills Council area plan, out of the outlay earmarked as discretionary and incentive fund/separately earmarked to meet the local aspirations.
(3) to examine all plan proposals under normal State Plan, CSS and other funding agencies within the Council area and forwarding the same to the State Government.
(4) to review and monitor all Sinlung Hills Council area plan and projects under State Plan, CSS and other Central Assistance.
(5) to have power and liberty to draw up developmental projects-and schemes considered necessary for the Council area for onward submission to the Central Government or any other funding agencies through the State Government and pursue the same.
(6) to have the power to prepare its own budget stating the specific head for expenditure which shall be approved by the State Government.
(7) to be the Site Allotment Advisory Board within Sinlung Hills Council Area.
(8) to have the power to perform such other duties as the Government, may by rules, made in this behalf.

7 OTHER MATTERS 

7.1 On fulfillment of the stipulations contained in Para 4.1 no member of the Hmar People's Convention (Democratic) now coming over ground shall be prosecuted for offences committed in connection with underground activities. Investigation of all cases registered in Mizoram which are in progress currently against Hmar Peoples Convention (Democratic) personnel shall be dropped forthwith and those convicted of any such offence shall also be granted remission of sentences.

7.2 The Government of Mizoram shall take steps to give enhanced authority to the Sinlung Hills Council (SHC) immediately after the signing of the Memorandum of Settlement (MoS) and in furtherance, the Memorandum of Settlement (MoS) signed between the Government of Mizoram & the Hmar People Convention (HPC) on 27th July, 1994 shall stand superseded.

 Sd/-
(H. ZOSANGBERA)
Chairman,  Hmar People's Convention (Democratic)

Sd/-
(ARVIND RAY)
Chief Secretary, Government of Mizoram.

Place : Aizawl
Dated: 2nd April, 2018



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