Annexure 2

MEMORANDUM OF SETTLEMENT

The following is the text of the memorandum of settlement, arrived at between the Government and the Akalis:

1. Compensation to innocent persons killed

1. 1 Along with ex-gratia payment to those innocent after 1.8.82, compensation for property damaged.

2. Army recruitment

2.1 All citizens of the country have the right to enrol in the Army and merit will remain the criterion for selection. 3. Enquiry into November incidents

3.1 The jurisdiction of Shri Justice Ranganath Mishra Commission enquiring into the November riots of Delhi would be extended to cover the disturbances at Bokaro and Kanpur also.

4. Rehabilitation of those discharged from the Army

4.1 For all those discharged, efforts will be made to rehabilitate and provide gainful employment.

5. All India Gurdwara Act

5.1 The Government of India agrees to consider the formulation of an ALL India Gurdwara Bill, Legislation will be brought forward for this purpose in consultation with Shiromani Akali Dal, others concerned and after fulfilling all relevant constitutional requirements.

6. Disposal of pending cases

6.1 The notifications applying the Armed Forces Special Powers Act to Punjab will be withdrawn.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 type of offences (a) waging war (b) hijacking.

6.2 All other cases will be transferred to ordinary courts and enabling legislation if needed will be brought forward in this session of Parliament.

7. Territorial claims

7.1 The Capital Project Area of Chandigrah will go to Punjab. Some adjoining areas which were previously part of the Hindi or 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 Hindi region to Haryana. The entire Sukhna lake will be kept as part of Chandigrah and will thus go to Punjab.

7.2 It had always been maintained by Indira Gandhi that when Chandigrah is 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 Chandigrah.

The principal of contiguity and linguistic affinity with 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.

7.3 The actual transfer of Chandigarh to Punjab and areas in lieu there of to Haryana will take place simultaneously on 26th Jan. 1986.

7.4 There are other claims and counterclaims for readjustment of the existing Punjab-Haryana boundaries. The Government will appoint another commission to consider these matters and give its findings. Such findings will be binding on the concerned States. The terms of reference will be on village as a unit, linguistic affinity and contiguity.

8. Centre-State relations

8.1 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

8.2 In view of the above the Anandpur Sahib resolution insofar as it deals with Centre-State, relations, stands referred to the Sarkaria Commission.

9. Sharing of river waters

9.l 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.

9.2 "I he 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 tins tribunal will be referred for adjudication to a tribunal will be rendered within six months and would be binding on both parties. All legal and constitutional steps required in this respect be taken expeditiously.

9.3 The construction of the SYL canal shall continue. The canal shall be completed by 15th August, 1986.

10. Representation of minorities

10.1 Existing instructions regarding protection of interests of minorities will be recalculated to the State Chief Ministers. (PM will write to all Chief Ministers.)

11. Promotion of Punjabi language

11.1 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 era of amity, goodwill and cooperation, which will promote and strengthen the unity and integrity of India.