Involvement of DCs in BTC a deep-rooted conspiracy to snatch away autonomy power: WBHS

OUR CORRESPONDENT

KOKRAJHAR: Expressing grave concern over bringing of Deputy Commissioners (DCs) of four districts of BTC under the ambit of BTC in the affairs of developmental activities, one of the most influential Boro intellectuals and vice-president of World Bodo Historical Society (WBHS), Hiracharan Narzinary, hailing from West Bengal, said that it could be a deep-rooted conspiracy of the government to snatch away the power of autonomy from the hands of the Bodos. He said that the involvement of DCs in the developmental activities of BTC was a move to flout the paragraph 3 D of the Constitution of India.

Narzinary said that the newly-formed BTC government issued an order entrusting the DCs of four districts of BTC area through its Principal Secretary vide order No.BTC/BA-679/2020/46, IBA department dated 4 June, 2021 referred to the transferred subjects to BTC (Vide the Government of Assam Notification No.TAD/BTC/161/2003/6, dated 31 October 2003) and to the notification No.AAP.136/2014/116, dated 19 January, 2021 issued by the Personnel Department of Government of Assam, which relates to the implementation of Memorandum of Settlement (MoS) signed on January 27, 2020 between Government of India, Government of Assam and Bodo movement groups, and entrusted the DCs of four districts of Kokrajhar, Chirang, Baksa and Udalguri with overall monitoring and supervision of schemes pertaining to 16 subjects transferred to BTC by the Government of Assam. BTC enjoyed an absolute autonomy and control over the transferred subjects as enumerated in paragraph 3B of the Sixth Schedule.

"The order also empowers the DCs to prepare an Annual Action Plan for 16 subjects and get it approved by the Principal Secretary of BTC but there are administrative procedures and modalities framed by the Government of Assam in consultation with the BTC for the purpose of day-to-day administration in respect of 39 subjects, excluding Relief and Rehabilitation. Accordingly, among other things BTC has been given authority to prepare a plan for development works, both State share and Central share. BTC is one of the district councils in Northeast India," he said, adding that the area under the jurisdiction of BTC is called Bodoland Territorial Areas District (BTAD). However, recently the Governor of Assam renamed BTAD to Bodoland Territorial Region (BTR) as per clause 3.3 of MoS dated January 27, 2020 vide his order/notification No. TAD/BC/227/2020/51-A, dated September 28, 2020. "Though the name BTR may seem a high-sounding one for some, yet in the parlance of the Sixth Schedule to the Constitution of India, it is still a district. The district council constituted for the BTAD (now BTR) is called Bodoland Territorial Council (BTC)," he said.

He said the Bodoland Territorial Council (BTC) was a product of the Sixth Schedule to the Constitution of India which was not created by the State legislature. BTC is a body created by the Parliament. The Bodos could achieve this status over the blood of thousands of young men and women, he said.

"Consequent upon the signing of the Memorandum of Settlement (MoS) on February 10, 2003 between the Central Government, the State Government and the Bodo Liberation Tigers (BLT) the Parliament approved Bodoland Territorial Council (BTC) under the Sixth Schedule to the Constitution of India which had created history in the democratic decentralization process for the Bodos. The Hagrama Mohilary-led BPF party consolidated its powers and ruled BTC since its inception till the BTC election of 2020," he said, adding that in the 2020 BTC election, an alliance of BJP and UPPL came to power in BTC ousting BPF. The BJP, UPPL and GSP formed new Executive Council headed by Pramod Boro.

Narzinary said, "BTC is a corporate body having perpetual succession and a common seal with the right to sue and be sued. The provision of the Sixth Schedule and other relevant articles of the Constitution of India is applied to the BTC mutatis mutandis in terms of the agreement of February 10, 2003. It has executive, administrative and financial powers in respect of 40 subjects transferred to BTC by the Government of Assam vide notification No. TAD/BTC/161/2003/6 dated October 31, 2003. So, BTC within its area has power to make laws with respect to 40 subjects. The overall administration of the BTC is vested in the Executive Council headed by the Chief Executive Member. The Executive Council exercises similar powers and functions to that of the cabinet at the State or at the Centre level within the jurisdiction of its own. The Executive Council is collectively responsible for all executive orders and policies issued in the name of BTC as well as for the implementation of all developmental schemes in the district of BTC/BTR."

"The executive functions of the BTC are exercised through Principal Secretary deputed by the Government of Assam. All other Secretaries, officers and staff in BTC are also on deputation. The sanctioning powers of the Government of Assam is vested with the Principal Secretary of the BTC and sanctioning powers of the Head of Departments, including the power of technical sanction, is conferred on the seniormost officer of that department not below the rank of Additional Director. The Principal Secretary and other officers exercise their powers under the overall guidance and supervision of BTC," he said.

Law and order of BTC is under the control of the Government of Assam. Hence, the offices of the Deputy Commissioner and Superintendent of Police are outside the superintendence and control of the BTC. BTC does not have any control over the district administration which is laid with the State Government.

Narzinary questioned that if DCs were outside the superintendence and control of BTC and the district (BTAD/BTR) administration was under the control of State Government, then why should they be involved in the matters of BTC subjects? The Sixth Schedule to the Constitution of India empowered BTC to make laws with respect to the 40 subjects transferred by the Government of Assam and this was duly incorporated in the Sixth Schedule to the Constitution of India vide paragraph 3B.

He said that the order of the Principal Secretary of BTC certainly flouted paragraph 3B of the Sixth Schedule to the Constitution of India. "The present ruling party explained the motive for entrusting the DCs with overall monitoring and supervision of schemes pertaining to 16 subjects transferred to BTC - to eradicate corruption from BTC. They alleged that during the last 17 years of rule by BPF, there was rampant corruption in BTC and so they have taken this step," he said.

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