Memorandum of Settlement between
Rajiv Gandhi and Sant Harchand Singh Longowal
Compensation to innocent persons killed
1.1 Alongwith exgratia payment to those innocent killed in agitation
or any action after 1.8.82, compensation for property damaged will
also be paid.
2.1 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
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.
Rehabilitation of those discharged from the Army
4.1 For all those discharged, efforts will be made to rehabilitate
and provide gainful employment.
All India Gurudwara Act
5.1 The Government of India agrees to consider the formulation of
an All India Gurudwara Bill. 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
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Act to Punjab will be withdrawn.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:
6.2 All other cases will be transferred to ordinary courts and
enabling Legislation if needed will be brought forward in this session
7.1 The Capital Project Area of Chandigarh will go to Punjab. Some
adjoining areas which were previously part of Hindi 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 Hindi region to Haryana. The entire Sukhna
lake will be kept as part of Chandigarh and will thus go to Punjab.7.2
It had always been maintained by Smt. 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 1986 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 thereof to Haryana will take place simultaneously
on 26th January 1986.7.4 There are other claims and counter-claims
for readjustment of the existing PunjabHaryana boundaries. The
Government will appoint another commission to consider these matters
and give the findings. Such findings will we binding on the concerned
States. The terms of reference will be based on a village as a unit,
linguistic affinity and contiguity.
8.1 Shiromani Akali Dal state that the Anadpur Sahib Resolution is
entirely within the framework of the Indian constitution; that it
attempts to define the concept of CentreState 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 corner stone of our national entity.8.2 In view of the above,
the Anandpur Sahib Resolution, in so far as it deals with Centrestate
relations, stands referred to the Sarkaria Commission.
Sharing of River Waters
9.1 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.9.2 The claims of Punjab and Haryana
regarding the shares in their remaining waters will 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 be taken expeditiously.9.3 The construction of the SYL canal
shall continue. The canal shall be completed by 15th August
Representation of Minorities
10.1 Existing instruction regarding protection of interests of minorities
will be recirculated to the State Chief Ministers. (PM will write
to all Chief Ministers).
Promotion of Punjabi Language
11.1 The Central Government may take some steps for the promotion
of Punjabi language.This settlement brings to a 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.
Prime Minister of India
SANT HARCHAND SINGH LONGOWAL
President, Shiromani Akali Dal
Dated, the 24th July, 1985