The Sikh Times - Rajiv-Longowal Memorandum of Settlement (Accord), July 24, 1985

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Rajiv-Longowal Memorandum of Settlement (Accord), July 24, 1985

The following is the text of the memorandum of settlement signed between Rajiv Gandhi and Harchand Singh Longowal on July 24, 1985.

Compensation to innocent persons killed.
1. Along with ex-gratia payment to the innocent killed in agitation or any action after 1-8-1982, compensation for property damaged will also be paid.
Army recruitment.
1. All citizens of the country have the right to enroll in the Army and merit will remain the criterion for selection.
Enquiry into November incidents.
1. The jurisdiction of Mr. Justice Ranganath Mishra Commission enquiring into the November riots of Delhi would be extended to over the disturbances at Bokaro and Kanpur also.
Rehabilitation of those discharged from the Army.
1. For all those discharged, efforts will be made to rehabilitate and provide gainful employment.
All India Gurdwara Act.
1. The Government of India agrees to consider that the Legislation will be brought forward for this purpose in consultation with Shiromani Akali Dal, others concerned and after fulfilling all relevant Constitutional requirements.
Disposal of pending cases.
1. The notifications applying the Armed Forces Special Powers Act to Punjab will be withdrawn. Existing special courts will try only cases relating to the following types of offences (a) waging war (b) hijacking.
2. All other cases will be transferred to ordinary courts and enabling legislation if needed will be brought forward in this session of parliament.
Territorial claims.
1. The capital project area of Chandigarh will go to Punjab. Some adjoining areas that were previously part of Hindu or the Punjabi regions were included in the Union Territory. With the capital region going to Punjab the areas which were added to the Union Territory from the Punjabi region of the erstwhile state of Punjab will be transferred to Punjab and those from Hindu region to Haryana. The entire Sukhna Lake will be kept as part of Chandigarh and will thus go to Punjab.
2. It has always been maintained by Mrs. Indira Gandhi that when Chandigarh is to go to Punjab some Hindi-speaking territories in Punjab will go to Haryana. A commission will be constituted to determine the specific Hindi-speaking areas of Punjab, which should go to Haryana, in lieu of Chandigarh.
  
  The principle of contiguity and linguistic affinity with a village as a unit will be the basis of such determination. The commission will be required to give its findings by 31st December 1985, and these will be binding on both sides. The work of the commission will be limited to this aspect and will be distinct from the general boundary claims which the other commission referred to in para 7.4 will handle.
3. The actual transfer of Chandigarh to Punjab and areas in lieu thereof to Haryana will take place simultaneously on 26th January 1986.
4. There are other claims or counter-claims for requirement of the existing Punjab-Haryana boundaries. The government will appoint another commission to consider these matters and give its findings will be binding on the concerned states. The terms of reference will be based on a village as a unit linguistic affinity and contiguity.
Centre-state relations.
1. Shiromani Akali Dal states that the Anandpur Sahib Resolution is entirely within the framework of the Indian Constitution, that it attempts to define the concept of centre-state relations in a manner which may bring out the true federal characteristics of our unitary Constitution, and that the purpose of the resolution is to provide greater autonomy to the state with a view to strengthening the unity and integrity of the country since unity in diversity forms the cornerstone of our national entity.
2. In view of the above, the Anandpur Sahib Resolution insofar as it deals with centre-state relations, stands referred to the Sarkaria Commission.
Sharing of river waters.
1. The farmers of Punjab, Haryana and Rajasthan will continue to get water not less than what they are using from the Ravi-Beas system as on 1-7-1985. Waters used for consumptive purposes will also remain unaffected. Quantum of usage claimed shall be verified by the tribunal referred to in para 9.2 below.
2. The claims of Punjab and Haryana regarding the shares in their remaining waters will be referred for adjudication to a tribunal to be presided over by a Supreme Court judge. The decision of this tribunal will be rendered within six months and would be binding on both parties. All legal and Constitutional steps required in this respect shall be taken expeditiously.
3. The construction of the SYL canal shall continue. The canal shall be completed by 15th August, 1986.
Representation of minorities.
1. Existing instructions regarding protection of interests of minorities will be recalculated to the state chief ministers (PM will write to all chief ministers).
Promotion of Punjabi language.
1. The Central Government may take some steps for the promotion of the Punjabi language.

This settlement brings to an end a period of confrontation and ushers in an area of amity, goodwill and cooperation, which will promote and strengthen the unity and integrity of India.

(Signed)

Rajiv Gandhi	Sant Harchand Singh Longowal
Prime Minister of India	President, Shiromani Akali Dal

24th July, 1985