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Mizoram Accord, 1986
Memorandum of Settlement
Preamble
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Government of India have all along been making earnest effort to
bring about an end to the disturbed condition in Mizoram and to
restore peace and harmony.
Toward this end, initiative was taken by the late Prime Minister
Smt. Indira Gandhi on the acceptance by Shri Laldenga on behalf
of the Mizo National Front (MNF) of the two conditions, namely,
cessation of violence by MNF and to hold talks within the framework
of the Constitution. A series of discussions were held with Shri
Laldenga. Settlement on various issues reached during the course
of talks is incorporated in the following paragraphs.
Restoratoin of Normalcy
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With a view to restoring peace and normalcy in Mizoram, the MNF
Party, in their part undertake within the agreed time-frame, to
bring out all underground personnel of the MNF with their arms,
ammunitions, and equipments, to ensure their return to civil life,
to abjure violence and generally to help in the process of restoration
of normalcy. The modalities of bringing out all underground personnel
and the deposit of arms, ammunitions and equipments will be as
worked out. The implementation of the foregoing will be under
the supervision of the Central Government.
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The MNF party will take immediate steps to amend its articles
of Association so as to make them conform to the provision of
Law.
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The Central Government will take steps for the settlement and
rehabilitation of underground after considering the scheme proposed
in this regard by the Government of Mizoram.
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The MNF will not undertake to extend any support to the Tripura
National Volunteer (TNV), Peoples Liberation Army of Manipur
(PLA) and any other such group by way of training, supply of arms
of providing protection or in any other matters.
Legal Administrative and Other Steps
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With a view to satisfying the desires and aspirations of all sections
of the people of Mizoram, the Government will initiate measures
to confer Statehood on the Union Territory of Mizoram subject to
the other stipulation contained in this Memorandum of Settlement.
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To give effect to the above, the necessary legislative and administrative
measures will be undertaken, including those for the enactment of
Bills for the amendment of the Constitution and other laws for the
conferment of Statehood as aforesaid, to come into effect on a date
to be notified by the Central Government.
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The amendment aforesaid shall provide, among other things, for
the following:
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The territory of Mizoram shall consist of the territory specified
in Section 6 of the North Eastern Areas (Reorganization) Act,
1971.
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Notwithstanding anything contained in the Constitution, no act
of Parliament in respect of (a) Religion or Social practices of
the Mizos, (b) Mizo customary Law or procedure, (c) Administration
of Civil and Criminal Justice involving decisions according to
Mizo customary Law, (d) Ownership and transfer of land, shall
apply to the State of Mizoran unless the Legislative Assembly
of Mizoram by a resolution so decides.
Provided that nothing in this Clause shall apply to any Central
Act in force in Mizoram immediately before the appointed day.
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Article 170 Clause (1) shall, in relation to Legislative Assembly
of Mizoram, have effect as if for the word sixty the word
forty has been substituted.
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Soon after the Bill of Conferment of Statehood becomes law, and
when the President is satisfied that normalcy has returned and that
conditions are conducive to the holding of free and fair elections,
elections to the Legislative Assembly will be initiated.
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(a) The centre will transfer resource to the new Government keeping
in view the change in Status from a Union Territory to a State and
will include resources to cover the revenue gap for the year.
(b) Central assistance for Plan will be fixed taking note of any
residuary gap in resources so as to sustain the approved plan outlay
and the pattern of assistance will be as in the case of Special category
State.
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Border trade in local produced or grown agriculture commodities
could be allowed under a scheme to be formulated by the Central
Government, subject to international arrangement with neighbouring
Countries.
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The Innerline Regulatoin, as now in force in Mizoram, will not
be amended or repealed without consulting the State Government.
Other Matters
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The rights and privileges of the minorities in Mizoram as envisaged
in the constitution, shall continue to be preserved and protected
and their social and economic advancement shall be ensured.
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Steps will be taken by the Government of Mizoram at the earliest
to review and codify the existing customs, pratices, law or other
usages relating to the matters specified in Clauses (a) to (b) of
para 4.3 (II) of the memorandum, keeping in view that an individual
Mizo may prefer to be governed by Acts of Parliament dealing with
such matters and which are of general application.
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The question of Unification of Mizo inhabited areas of other States
to form one administrative unit was raised by the MNF delegation.
It was pointed out to them, on behalf of the Government of India,
that Article 3 of the Constitution of India describes the procedure
in this regard but that the Government cannot make any commitment
in this respect.
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It was also pointed out on behalf of the Government that as soon
as Mizoram becomes a State:
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The Provisions of Part XVII of the Provision of the Constitution
will apply and the State will be liberty to adopt any one or more
language to be used for all or any of the official purposes of
the State.
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It is open to the State to move the establishment of the separate
University in the State in accordance with the prescribed procedure.
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In the light of the Prime Ministers Statement at the Joint
Conference of the Chief Justices, Chief Minister and Law Ministers
held at New Delhi on 31st August, 1985 Mizoram will
be entitled to have a High Court of its own if it so wishes.
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(a)It was noted that there is already a scheme in force for payment
of exgratia amount to heirs/dependants of persons who were killed
during disturbances in 1966 and thereafter in the Union Territory
of Mizoram. Arrangement will be made to expeditiously disburse payment
to those eligible persons who have already applied but who had not
been made such payment so far.
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It was noted that consequence on verification done by a joint
team of officers, the Government of India had already made arrangement
for payment of compensation in respect of damage to crop: building
destroyed/damaged during the action in Mizoram, and rented charges
of building and land occupied by security force. There may, however,
be some claim which were referred and verified by the above team
but is not yet settled expeditiously. Arrangement will also be
made for payment of pending claim of rented charges or land/building
occupied by the security forces.
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Sd/-
LALDENGA
On behalf of
Mizo National Front.
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Sd/-
R.D. PRADHAN
Home Secretary
Government of India.
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Dated: 30th June, 1986.
Place: New Delhi
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Sd/-
LALKHAMA
Chief Secretary
Government of Mizoram
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