REGISTERED NO. DL—(N)04/0007/2003—13
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—13 असाधारण
EXTRAORDINARY भाग II — खण्ड 2 PART II — Section 2 प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं॰ 41] नई दिल्ली, बुधवार, दिसम्बर 18, 2013/ अग्रहायण 27, 1935 (शक) No. 41] NEW DELHI, WEDNESDAY, DECEMBER 18, 2013/ AGRAHAYANA 27, 1935 (SAKA)
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
RAJYA SABHA
————
The following Bill was introduced in the Rajya Sabha on the 18th December, 2013:—
BILL NO. XV OF 2013
A Bill further to amend the Constitution of India to give effect to the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreement and its protocol entered into between the Governments of India and Bangladesh.
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
Short title.
1. This Act may be called the Constitution ( One Hundred and Nineteenth Amendment) Act, 2013.
Definitions.
2. In this Act,—
(a) "acquired territory" means so much of the territories comprised in the India- Bangladesh agreement and its protocol and referred to in the First Schedule as are demarcated for the purpose of being acquired by India from Bangladesh in pursuance of the agreement and its protocol referred to in clause (c);
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(b) "appointed day" means such date as the Central Government may, by notification in the Official Gazette, appoint as the date for acquisition of territories from Bangladesh and transfer of the territories to Bangladesh in pursuance of the India- Bangladesh agreement and its protocol, after causing the territories to be so acquired and transferred as referred to in the First Schedule and Second Schedule and demarcated for the purpose;
(c) "India-Bangladesh agreement" means the agreement between the Government of the Republic of India and the Government of the People's Republic of Bangladesh concerning the Demarcation of the Land Boundary between India and Bangladesh and Related Matters dated the 16th day of May, 1974, Exchange of Letters dated the 26th day of December, 1974, the 30th day of December, 1974, the 7th day of October, 1982, the 26th day of March, 1992 and protocol to the said agreement dated the 6th day of September, 2011, entered into between the Governments of India and Bangladesh, the relevant extracts of which are set out in the Third Schedule;
(d) "transferred territory", means so much of the territories comprised in the India-Bangladesh agreement and its protocol and referred to in the Second Schedule as are demarcated for the purpose of being transferred by India to Bangladesh in pursuance of the agreements and its protocol referred to in clause (c).
3. As from the appointed day, in the First Schedule to the Constitution,—
Amendment of First Schedule to the Constitu- tion.
(a) in the paragraph relating to the territories of the State of Assam, the words, brackets and figures "and the territories referred to in Part I of the Second Schedule to the Constitution (One Hundred and Nineteenth Amendment) Act, 2013, notwithstanding anything contained in clause (a) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part I of the Second Schedule to the Constitution (One Hundred and Nineteenth Amendment) Act, 2013", shall be added at the end;
(b) in the paragraph relating to the territories of the State of West Bengal, the words, brackets and figures "and also the territories referred to in Part III of the First Schedule but excluding the territories referred to in Part III of the Second Schedule to the Constitution (One Hundred and Nineteenth Amendment) Act, 2013, notwithstanding anything contained in clause (c) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part III of the First Schedule and the territories referred to in Part III of the Second Schedule to the Constitution (One Hundred and Nineteenth Amendment) Act, 2013", shall be added at the end;
(c) in the paragraph relating to the territories of the State of Meghalaya, the words, brackets and figures "and the territories referred to in Part I of the First Schedule but excluding the territories referred to in Part II of the Second Schedule to the Constitution (One Hundred and Nineteenth Amendment) Act, 2013", shall be added at the end;
(d) in the paragraph relating to the territories of the State of Tripura, the words, brackets and figures "and the territories referred to in Part II of the First Schedule to the Constitution (One Hundred and Nineteenth Amendment) Act, 2013, notwithstanding anything contained in clause (d) of section 3 of the Constitution (Ninth Amendment) Act, 1960, so far as it relates to the territories referred to in Part II of the First Schedule to the Constitution (One Hundred and Nineteenth Amendment) Act, 2013", shall be added at the end.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3THE FIRST SCHEDULE
[See sections 2 (a), 2(b) and 3]
PART I
The acquired territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and Article 3 (I) (b) (ii) (iii) (iv) (v) of the protocol dated the 6th day of September, 2011.
PART II
The acquired territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and Article 3 (I) (c) (i) of the protocol dated the 6th day of September, 2011.
PART III
The acquired territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (iii) (iv) (v) (vi) of the protocol dated the 6th day of September, 2011.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—THE SECOND SCHEDULE
[See sections 2(b), 2 (d), and 3]
PART I
The transferred territory in relation to Article 2 of the agreement dated 16th day of May, 1974 and Article 3 (I) (d) (i) (ii) of the protocol dated 6th day of September, 2011.
PART II
The transferred territory in relation to Article 2 of the agreement dated the 16th day of May, 1974 and Article 3 (I) (b) (i) of the protocol dated 6th day of September, 2011.
PART III
The transferred territory in relation to Articles 1(12) and 2 of the agreement dated the 16th day of May, 1974 and Articles 2 (II), 3 (I) (a) (i) (ii) (vi) of the protocol dated the 6th day of September, 2011.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5THE THIRD SCHEDULE
[See section 2(c)]
I. EXTRACTS FROM THE LAND BOUNDARY AGREEMENT DATED 16 MAY, 1974
Article 1 (12): ENCLAVES
The Indian enclaves in Bangladesh and the Bangladesh enclaves in India should be exchanged expeditiously, excepting the enclaves mentioned in paragraph 14 without claim to compensation for the additional area going to Bangladesh.
Article 2:
The Governments of India and Bangladesh agree that territories in adverse possession in areas already demarcated in respect of which boundary strip maps are already prepared, shall be exchanged within six months of the signing of the boundary strip maps by the plenipotentiaries. They may sign the relevant maps as early as possible as and in any case not later than the 31st December, 1974. Early measures may be taken to print maps in respect of other areas where demarcation has already taken place. These should be printed by 31st May, 1975 and signed by the plenipotentiaries thereafter in order that the exchange of adversely held possessions in these areas may take place by the 31st December, 1975. In sectors still to be demarcated, transfer of territorial jurisdiction may take place within six months of the signature by plenipotentiaries on the concerned boundary strip maps.
II. EXTRACTS FROM THE PROTOCOL TO THE LAND BOUNDARY AGREEMENT DATED 6 SEPTEMBER, 2011
Article 2:
(II) Article 1 Clause 12 of the 1974 Agreement shall be implemented as follows:—
Enclaves
111 Indian Enclaves in Bangladesh and 51 Bangladesh Enclaves in India as per the jointly verified cadastral enclave maps and signed at the level of DGLR&S, Bangladesh and DLR&S, West Bengal (India) in April, 1997, shall be exchanged without claim to compensation for the additional areas going to Bangladesh.
Article 3:
(I) Article 2 of the 1974 Agreement shall be implemented as follows:—
The Government of India and the Government of Bangladesh agree that the boundary shall be drawn as a fixed boundary for territories held in Adverse Possession as determined through joint survey and fully depicted in the respective adversely possessed land area index map (APL map) finalised by the Land Records and Survey Departments of both the countries between December, 2010 and August, 2011, which are fully described in clause (a) to (d) below.
The relevant strip maps shall be printed and signed by the Plenipotentiaries and transfer of territorial jurisdiction shall be completed simultaneously with the exchange of enclaves. The demarcation of the boundary, as depicted in the above-mentioned Index Maps, shall be as under:—
(a) West Bengal Sector
(i) Bousmari – Madhugari (Kushtia-Nadia) area
The boundary shall be drawn from the existing Boundary Pillar Nos. 154/5-S to 157/1-S to follow the centre of old course of river Mathabanga, as depicted in consolidation map of 1962, as surveyed jointly and agreed in June, 2011.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—(ii) Andharkota (Kushtia-Nadia) area
The boundary shall be drawn from existing Boundary Pillar No. 152/5-S to Boundary Pillar No. 153/1-S to follow the edge of existing River Mathabanga as jointly surveyed and agreed in June, 2011.
(iii) Pakuria (Kushtia-Nadia) area
The boundary shall be drawn from existing Boundary Pillar No. 151/1-S to Boundary Pillar No. 152/2-S to follow the edge of River Mathabanga as jointly surveyed and agreed in June, 2011.
(iv) Char Mahishkundi (Kushtia-Nadia) area
The boundary shall be drawn from existing Boundary Pillar No. 153/1-S to Boundary Pillar No. 153/9-S to follow the edge of River Mathabanga as jointly surveyed and agreed in June, 2011.
(v) Haripal/Khutadah/Battoli/Sapameri/LNpur (Patari) (Naogaon—Malda) area
The boundary shall be drawn as line joining from existing Boundary Pillar No. 242/S/13, to Boundary Pillar No. 243/7-S/5 and as jointly surveyed and agreed in June, 2011.
(vi) Berubari (Panchagarh-Jalpaiguri area)
The boundary in the area Berubari (Panchagarh-Jalpaiguri) adversely held by Bangladesh, and Berubari and Singhapara-Khudipara (Panchagarh-Jalpaiguri), adversely held by India shall be drawn as jointly demarcated during 1996-1998.
(b) Meghalaya Sector
(i) Lobachera-Nuncherra
The boundary from existing Boundary Pillar No. 1315/4-S to Boundary Pillar No 1315/15-S in Lailong - Balichera, Boundary Pillar No. 1316/1-S to Boundary Pillar No. 1316/11-S in Lailong- Noonchera, Boundary Pillar No. 1317 to Boundary Pillar No. 1317/13-S in Lailong- Lahiling and Boundary Pillar No. 1318/1-S to Boundary Pillar No. 1318/2-S in Lailong- Lobhachera shall be drawn to follow the edge of tea gardens as jointly surveyed and agreed in December, 2010.
(ii) Pyrdiwah/ Padua Area
The boundary shall be drawn from existing Boundary Pillar No. 1270/1-S as per jointly surveyed and mutually agreed line till Boundary Pillar No. 1271/1-T. The Parties agree that the Indian Nationals from Pyrdiwah village shall be allowed to draw water from Piyang River near point No. 6 of the agreed Map.
(iii) Lyngkhat Area
(aa) Lyngkhat-I / Kulumcherra and Lyngkhat-II/ Kulumcherra
The boundary shall be drawn from existing Boundary Pillar No. 1264/4-S to Boundary Pillar No. 1265 and BP No. 1265/6-S to 1265/9-S as per jointly surveyed and mutually agreed line.
(ab) Lyngkhat-III/Sonarhat
The boundary shall be drawn from existing Boundary Pillar No. 1266/13-S along the nallah southwards till it meets another nallah in the east-west direction, thereafter it shall run along the northern edge of the nallah in east till it meets the existing International Boundary north of Reference Pillar Nos.1267/4-R-B and 1267/3-R-I.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7(iv) Dawki/Tamabil area
The boundary shall be drawn by a straight line joining existing Boundary Pillar Nos. 1275/1-S to Boundary Pillar Nos. 1275/7-S. The Parties agree to fencing on 'zero line' in this area.
(v) Naljuri/Sreepur Area
(aa) Naljuri I
The boundary shall be a line from the existing Boundary Pillar No. 1277/2-S in southern direction upto three plots as depicted in the strip Map No. 166 till it meets the nallah flowing from Boundary Pillar No. 1277/5-T, thereafter it will run along the western edge of the nallah in the southern direction upto 2 plots on the Bangladesh side, thereafter it shall run eastwards till it meets a line drawn in southern direction from Boundary Pillar No. 1277/4-S.
(ab) Naljuri III
The boundary shall be drawn by a straight line from existing Boundary Pillar No. 1278/2-S to Boundary Pillar No. 1279/ 3-S.
(vi) Muktapur/ Dibir Hawor Area
The Parties agree that the Indian Nationals shall be allowed to visit Kali Mandir and shall also be allowed to draw water and exercise fishing rights in the water body in the Muktapur / Dibir Hawor area from the bank of Muktapur side.
(c) Tripura Sector
(i) Chandannagar-Champarai Tea Garden area in Tripura/ Moulvi Bazar sector
The boundary shall be drawn along Sonaraichhera river from existing Boundary Pillar No. 1904 to Boundary Pillar No. 1905 as surveyed jointly and agreed in July, 2011.
(d) Assam Sector
(i) Kalabari (Boroibari) area in Assam sector
The boundary shall be drawn from existing Boundary Pillar No. 1066/24-T to Boundary Pillar No. 1067/16-T as surveyed jointly and agreed in August, 2011.
(ii) Pallathal area in Assam sector
The boundary shall be drawn from existing Boundary Pillar No. 1370/3-S to 1371/ 6-S to follow the outer edge of the tea garden and from Boundary Pillar No. 1372 to 1373/2-S along outer edge of the pan plantation.
III. LIST OF EXCHANGE OF ENCLAVES BETWEEN INDIA AND BANGLADESH IN PURSUANT TO ARTICLE 1 (12) OF THE AGREEMENT DATED 16TH MAY 1974 AND THE PROTOCOL TO THE AGREEMENT DATED 6TH SEPTEMBER, 2011
A. EXCHANGEABLE INDIAN ENCLAVES IN BANGLADESH WITH AREA
Sl. Name of Chhits Chhit No. Lying within Lying within Area in Police station Police station acres No. Bangladesh W. Bengal
A. Enclaves with independent chhits
1. Garati 75 Pochagar Haldibari 58.23 2. Garati 76 Pochagar Haldibari 0.79 3. Garati 77 Pochagar Haldibari 188 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Sl. Name of Chhits Chhit No. Lying within Lying within Area in
No. Police station Police station acres
Bangladesh W. Bengal
1 2 3 4 5 6
4. Garati 78 Pochagar Haldibari 958.66
5. Garati 79 Pochagar Haldibari 1.74
6. Garati 80 Pochagar Haldibari 73.75
7. Bingimari Part-I 73 Pochagar Haldibari 6.07
8. Nazirganja 41 Boda Haldibari 58.32
9. Nazirganja 42 Boda Haldibari 434.29
10. Nazirganja 44 Boda Haldibari 53.47
11. Nazirganja 45 Boda Haldibari 1.07
12. Nazirganja 46 Boda Haldibari 17.95
13. Nazirganja 47 Boda Haldibari 3.89
14. Nazirganja 48 Boda Haldibari 73.27
15. Nazirganja 49 Boda Haldibari 49.05
16. Nazirganja 50 Boda Haldibari 5.05
17. Nazirganja 51 Boda Haldibari 0.77
18. Nazirganja 52 Boda Haldibari 1.04
19. Nazirganja 53 Boda Haldibari 1.02
20. Nazirganja 54 Boda Haldibari 3.87
21. Nazirganja 55 Boda Haldibari 12.18
22. Nazirganja 56 Boda Haldibari 54.04
23. Nazirganja 57 Boda Haldibari 8.27
24. Nazirganja 58 Boda Haldibari 14.22
25. Nazirganja 60 Boda Haldibari 0.52
26. Putimari 59 Boda Haldibari 122.8
27. Daikhata Chhat 38 Boda Haldibari 499.21
28. Salbari 37 Boda Haldibari 1188.93
29. Kajal Dighi 36 Boda Haldibari 771.44
30. Nataktoka 32 Boda Haldibari 162.26
31. Nataktoka 33 Boda Haldibari 0.26
32. Beuladanga Chhat 35 Boda Haldibari 0.83
33. Balapara Iagrabar 3 Debiganj Haldibari 1752.44
34. Bara Khankikharija 30 Dimla Haldibari 7.71
Citaldaha
35. Bara Khankikharija 29 Dimla Haldibari 36.83
Citaldaha
36. Barakhangir 28 Dimla Haldibari 30.53
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
Sl. Name of Chhits Chhit No. Lying within Lying within Area in
No. Police station Police station acres
Bangladesh W. Bengal
1 2 3 4 5 6
37. Nagarjikobari 31 Dimla Haldibari 33.41
38. Kuchlibari 26 Patgram Mekliganj 5.78
39. Kuchlibari 27 Patgram Mekliganj 2.04
40. Bara Kuchlibari Fragment of J.L. Patgram Mekliganj 4.35
107 of P.S Mekliganj
41. Jamaloaha-Belapukhari 6 Patgram Mekliganj 5.24
42. Uponchowki kuchlibari 115/2 Patgram Mekliganj 0.32
43. Uponchowki kuchlibari 7 Patgram Mekliganj 44.04
44. Bhothnri 11 Patgram Mekliganj 36.83
45. Balapukhari 5 Patgram Mekliganj 55.91
46. Bara Khangir 4 Patgram Mekliganj 50.51
47. Bara Khangir 9 Patgram Mekliganj 87.42
48. Chhat Bogdokra 10 Patgram Mekliganj 41.7
49. Ratanpur 11 Patgram Mekliganj 58.91
50. Bogdokra 12 Patgram Mekliganj 25.49
51. Pulkar Dabri Fragment of J.L. Patgram Mekliganj 0.88
107 of P.S Mekliganj
52. Kharkharia 15 Patgram Mekliganj 60.74
53. Kharkharia 13 Patgram Mekliganj 51.62
54. Lotamari 14 Patgram Mekliganj 110.92
55. Bhotbari 16 Patgram Mekliganj 205.46
56. Komat Changrabandha 16 A Patgram Mekliganj 42.8
57. Komat Changrabandha 17 A Patgram Mekliganj 16.01
58. Panisala 17 Patgram Mekliganj 137.66
59. Dwarikamari Khasbash 18 Patgram Mekliganj 36.5
60. Panisala 153/P Patgram Mekliganj 0.27
61. Panisala 153/O Patgram Mekliganj 18.01
62. Panisala 19 Patgram Mekliganj 64.63
63. Panisala 21 Patgram Mekliganj 51.4
64. Lotamari 20 Patgram Mekliganj 283.53
65. Lotamari 22 Patgram Mekliganj 98.85
66. Dwarikamari 23 Patgram Mekliganj 39.52
67. Dwarikamari 25 Patgram Mekliganj 45.73
68. Chhat Bhothat 24 Patgram Mekliganj 56.11
69. Baakata 131 Patgram Hathabhanga 22.35
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Sl. Name of Chhits Chhit No. Lying within Lying within Area in
No. Police station Police station acres
Bangladesh W. Bengal
1 2 3 4 5 6
70. Baakata 132 Patgram Hathibhanga 11.96
71. Baakata 130 Patgram Hathibhanga 20.48
72. Bhogramguri 133 Patgram Hathibhanga 1.44
73. Chenakata 134 Patgram Mekliganj 7.81
74. Banskata 119 Patgram Mathabanga 413.81
75. Banskata 120 Patgram Mathabanga 30.75
76. Banskata 121 Patgram Mathabanga 12.15
77. Banskata 113 Patgram Mathabanga 57.86
78. Banskata 112 Patgram Mathabanga 315.04
79. Banskata 114 Patgram Mathabanga 0.77
80. Banskata 115 Patgram Mathabanga 29.2
81. Banskata 122 Patgram Mathabanga 33.22
82. Banskata 127 Patgram Mathabanga 12.72
83. Banskata 128 Patgram Mathabanga 2.33
84. Banskata 117 Patgram Mathabanga 2.55
85. Banskata 118 Patgram Mathabanga 30.98
86. Banskata 125 Patgram Mathabanga 0.64
87. Banskata 126 Patgram Mathabanga 1.39
88. Banskata 129 Patgram Mathabanga 1.37
89. Banskata 116 Patgram Mathabanga 16.96
90. Banskata 123 Patgram Mathabanga 24.37
91. Banskata 124 Patgram Mathabanga 0.28
92. Gotamari Chhit 135 Hatibandha Sitalkuchi 126.59
93. Gotamari Chhit 136 Hatibandha Sitalkuchi 20.02
94. Banapachai 151 Lalmonirhat Dinhata 217.29
95. Banapachai Bhitarkuthi 152 Lalmonirhat Dinhata 81.71
96. Dasiar Chhara 150 Fulbari Dinhata 1643.44
97. Dakurhat- Dakinirkuthi 156 Kurigram Dinhata 14.27
98. Kalamati 141 Bhurungamari Dinhata 21.21
99. Bhahobganj 153 Bhurungamari Dinhata 31.58
100. Baotikursa 142 Bhurungamari Dinhata 45.63
101. Bara Coachulka 143 Bhurungamari Dinhata 39.99
102. Gaochulka II 147 Bhurungamari Dinhata 0.9
103. Gaochulka I 146 Bhurungamari Dinhata 8.92
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
Sl. Name of Chhits Chhit No. Lying within Lying within Area in
No. Police station Police station acres
Bangladesh W. Bengal
1 2 3 4 5 6
104. Dighaltari II 145 Bhurungamari Dinhata 8.81
105. Dighaltari I 144 Bhurungamari Dinhata 12.31
106. Chhoto Garaljhora II 149 Bhurungamari Dinhata 17.85
107. Chhoto Garaljhora I 148 Bhurungamari Dinhata 35.74
108. 1 chhit *without name Patgram Mathabanga 3.5
& JL No. at the southern and of JL No. 38 & southern and of JL No. 39 (locally known as Ashokabari**)
Enclaves with Fragmented Chhits
109. (i) Bewladanga 34 Haldibari Boda 862.46 (ii) Bewladanga Fragment Haldibari Debiganj
110. (i) Kotbhajni 2 Haldibari Debiganj 2012.27 (ii) Kotbhajni Fragment Haldibari Debiganj
(iii) Kotbhajni Fragment Haldibari Debiganj
(iv) Kotbhajni Fragment Haldibari Debiganj
111. (i) Dahala Khagrabri Haldibari Debiganj 2650.35 (ii) Dahala Fragment Haldibari Debiganj
(iii) Dahala Fragment Haldibari Debiganj
(iv) Dahala Fragment Haldibari Debiganj
(v) Dahala Fragment Haldibari Debiganj
(vi) Dahala Fragment Haldibari Debiganj 17160.63
The above given details of enclaves have been jointly compared and reconciled with records held by India and Bangladesh during the Indo-Bangladesh Conference held at Calcutta during 9th — 12th October, 1996 as well as during joint field inspection at Jalpaiguri (West Bengal) Panchagarh (Bangladesh) sector during 21—24 November, 1996.
Note: Name of enclave in Sl. No. 108 above has been identified as Ashokabari by joint ground verification during field season 1996-97.
Brig. J.R. Peter Md. Shafi Uddin Director Land Records & Survey Director General, Land Records (Ex-Officio) West Bengal, India & and Surveys, Bangladesh Director, Eastern Circle Survey of India, Calcutta.
* Corrected vide 150th (54th) India-Bangladesh Boundary Conference held at Kolkata from 29th September to 2nd October, 2002.
* * Corrected vide 152nd (56th) India-Bangladesh Boundary Conference held at Kochbihar, India from 18th-20th September, 2003.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—B. EXCHANGEABLE BANGLADESH ENCLAVES IN INDIA WITH AREA
Sl. Name of Chhits Lying within Lying within J.L. Area in Police Station Police Station No. acres No. W. Bengal Bangladesh
1 2
3 4 5 6
A. Enclaves with independent Chhits
1. Chhit Kuchlibari Mekliganj Patgram 22 370.64 2. Chhit Land of Kuchlibari Mekliganj Patgram 24 1.83 3. Balapukhari Mekliganj Patgram 21 331.64 4. Chhit Land of Panbari No.2 Mekliganj Patgram 20 1.13 5. Chhit Panbari Mekliganj Patgram 18 108.59 6. Dhabalsati Mirgipur Mekliganj Patgram 15 173.88 7. Bamandal Mekliganj Patgram 11 2.24 8. Chhit Dhabalsati Mekliganj Patgram 14 66.58 9. Dhabalsati Mekliganj Patgram 13 60.45 10. Srirampur Mekliganj Patgram 8 1.05 11. Jote Nijjama Mekliganj Patgram 3 87.54 12. Chhit Land of Jagatber No.3 Mathabanga Patgram 37 69.84 13. Chhit Land of Jagatber No.1 Mathabanga Patgram 35 30.66 14. Chhit Land of Jagatber No.2 Mathabanga Patgram 36 27.09 15. Chhit Kokoabari Mathabanga Patgram 47 29.49 16. Chhit Bhandardaha Mathabanga Patgram 67 39.96 17. Dhabalguri Mathabanga Patgram 52 12.5 18. Chhit Dhabalguri Mathabanga Patgram 53 22.31 19. Chhit Land of Dhabalguri No.3 Mathabanga Patgram 70 1.33 20. Chhit Land of Dhabalguri No.4 Mathabanga Patgram 71 4.55 21. Chhit Land of Dhabalguri No.5 Mathabanga Patgram 72 4.12 22. Chhit Land of Dhabalguri No.1 Mathabanga Patgram 68 26.83 23. Chhit Land of Dhabalguri No.2 Mathabanga Patgram 69 13.95 24. Mahishmari Sitalkuchi Patgram 54 122.77 25. Bura Saradubi Sitalkuchi Hatibandha 13 34.96 26. Palnapur Sitalkuchi Patgram 64 505.56 27. Amjhol Sitalkuchi Hatibandha 57 1.25 28. Kismat Batrigachh Dinhata Kaliganj 82 209.95 29. Durgapur Dinhata Kaliganj 83 20.96 30. Bansua Khamar Gitaldaha Dinhata Lalmonirhat 1 24.54 31. Paotukuthi Dinhata Lalmonirhat 37 589.94 32. Paschim Bakalir Chhara Dinhata Bhurungamari 38 151.98SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
Sl. Name of Chhits Lying within Lying within J.L. Area in
No. Police Station Police Station No. acres
W. Bengal Bangladesh
1 2 3 4 5 6
33. Madhya Bakalir Chhara Dinhata Bhurungamari 39 32.72
34. Purba Bakalir Chhara Dinhata Bhurungamari 40 12.23
35. Madhya Masaldanga Dinhata Bhurungamari 3 136.66
36. Madhya Chhit Masaldanga Dinhata Bhurungamari 8 11.87
37. Paschim Chhit Masaldanga Dinhata Bhurungamari 7 7.6
38. Uttar Masaldanga Dinhata Bhurungamari 2 27.29
39. Kachua Dinhata Bhurungamari 5 119.74
40. Uttar Bansjani Tufanganj Bhurungamari 1 47.17
41. Chhat Tilai Tufanganj Bhurungamari 17 81.56
B. Enclaves with Fragmented Chhits
42. (i) Nalgram Sitalkuchi Patgarm 65 1397.34 (ii) Nalgram (Fragment) Sitalkuchi Patgarm 65
(iii) Nalgram (Fragment) Sitalkuchi Patgarm 65
43. (i) Chhit Nalgram Sitalkuchi Patgarm 66 49.5 (ii) Chhit Nalgram (Fragment) Sitalkuchi Patgarm 66
44. (i) Batrigachh Dinhata Kaliganj 81 577.37 (ii) Batrigachh (Fragment) Dinhata Kaliganj 81
(iii) Batrigachh (Fragment) Dinhata Phulbari 9
45. (i) Karala Dinhata Phulbari 9 269.91 (ii) Karala (fragment) Dinhata Phulbari 9
(iii) Karala (fragment) Dinhata Phulbari 8
46. (i) Sipprasad Mustati Dinhata Phulbari 8 373.2 (ii) Sipprasad Mustati (Fragment) Dinhata Phulbari 6
47. (i) Dakshin Masaldanga Dinhata Bhurungamari 6 571.38 (ii) Dakshin Masaldanga (Fragment) Dinhata Bhurungamari 6
(iii) Dakshin Masaldanga (Fragment) Dinhata Bhurungamari 6
(iv) Dakshin Masaldanga (Fragment) Dinhata Bhurungamari 6
(v) Dakshin Masaldanga (Fragment) Dinhata Bhurungamari 6
(vi) Dakshin Masaldanga (Fragment) Dinhata Bhurungamari 6
48. (i) Paschim Masaldanga Dinhata Bhurungamari 4 29.49 (ii) Paschim Masaldanga (Fragment) Dinhata Bhurungamari 4
49. (i) Purba Chhit Masaldanga Dinhata Bhurungamari 10 35.01 (ii) Purba Chhit Masaldanga (Fragment) Dinhata Bhurungamari 10
50. (i) Purba Masaldanga Dinhata Bhurungamari 11 153.8914 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Sl. Name of Chhits Lying within Lying within J.L Area in Police Station Police Station No. acres No. W. Bengal Bangladesh
1 2
3 4 5 6
(ii) Purba Masaldanga (Fragment) Dinhata Bhurungamari 11
51. (i) Uttar Dhaldanga Tufanganj Bhurungamari 14 24.98
(ii) Uttar Dhaldanga (Fragment) Tufanganj Bhurungamari 14
(iii) Uttar Dhaldanga (Fragment) Tufanganj Bhurungamari 14
Total Area
7,110.02
The above given details of enclaves have been jointly compared and reconciled with records held by India and Bangladesh during the Indo-Bangladesh Conference held at Calcutta during 9th-12th October, 1996 as well as during joint field inspection at Jalpaiguri (West Bengal) – Panchagarh (Bangladesh) sector during 21—24 November, 1996.
Brig. J.R. Peter Md. Shafi Uddin Director Land Records & Survey Director General, Land Records (Ex Officio) West Bengal, India & and Surveys, Bangladesh Director, Eastern Circle Survey of India, CalcuttaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
STATEMENT OF OBJECTS AND REASONS
India and Bangladesh have a common land boundary of approximately 4096.7 kms. The India-East Pakistan land boundary was determined as per the Radcliffe Award of 1947. Disputes arose out of some provisions in the Radcliffe award, which were sought to be resolved through the Bagge Award of 1950. Another effort was made to settle these disputes by the Nehru-Noon Agreement of 1958. However, the issue relating to division of Berubari Union was challenged before the Hon'ble Supreme Court. To comply with the opinion rendered by the Hon'ble Supreme Court of India, the Constitution (Ninth Amendment) Act, 1960 was passed by the Parliament. Due to the continuous litigation and other political developments at that time, the Constitution (Ninth Amendment) Act, 1960 could not be notified in respect of territories in former East Pakistan (presently Bangladesh).
2. On 16th May, 1974, the Agreement between India and Bangladesh concerning the demarcation of the land boundary and related matters was signed between both the countries to find a solution to the complex nature of the border demarcation involved. This Agreement was not ratified as it involved, inter alia, transfer of territory which requires a Constitutional Amendment. In this connection, it was also required to identify the precise area on the ground which would be transferred. Subsequently, the issues relating to demarcation of un-demarcated boundary; the territories in adverse possession; and exchange of enclaves were identified and resolved by signing a Protocol on 6th September, 2011, which forms an integral part of the Land Boundary Agreement between India and Bangladesh, 1974. The Protocol was prepared with support and concurrence of the concerned State Governments of Assam, Meghalaya, Tripura and West Bengal.
3. Accordingly, the Constitution (One Hundred and Ninteenth Amendment) Bill, 2013 which proposes to amend the First Schedule of the Constitution, for the purpose of giving effect to the acquiring of territories by India and transfer of territories to Bangladesh through retaining of adverse possession and exchange of enclaves, in pursuance of the aforesaid Agreement of 1974 and its Protocol entered between the Governments of India and Bangladesh.
4. The Bill seeks to achieve the above objects.
SALMAN KHURSHID.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 2]MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause (b) of section 2 of the Bill provides that the Central Government may, by notification in the Official Gazette, appoint the date for acquisition of territories from Bangladesh and transfer of the territories to Bangladesh in pursuance of the India-Bangladesh agreement and its protocol, after causing the territories to be so acquired and transferred as referred to in the First Schedule and Second Schedule and demarcated for the purpose.
————
SHUMSHER K. SHERIFF, Secretary-General.
PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.
GMGIPMRND—3810GI(S3)—21-12-2013.