CONSTITUTION (ONE HUNDREDTH
AMENDMENT) ACT, 2015
Preamble - CONSTITUTION (ONE HUNDREDTH
AMENDMENT) ACT, 2015
THE CONSTITUTION (ONE
HUNDREDTH AMENDMENT) ACT, 2015
[28th May, 2015]
PREAMBLE
An Act 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-sixth Year of the Republic of India as
follows:--
Section 1 - Short title
This
Act may be called the Constitution (One Hundredth Amendment) Act, 2015.
Section 2 - Definitions
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);
(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).
Section 3 - Amendment of First Schedule to Constitution
As
from the appointed day, in the First Schedule to the Constitution,--
(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 Hundredth
Amendment) Act, 2015, 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 Hundredth Amendment) Act, 2015", 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 Hundredth Amendment) Act, 2015, 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 Hundredth Amendment) Act, 2015", 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
Hundredth Amendment) Act, 2015", 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 Hundredth
Amendment) Act, 2015, 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 Hundredth Amendment) Act, 2015", shall be added at the
end.
Schedule I - THE FIRST SCHEDULE
THE 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.
Schedule II - THE SECOND SCHEDULE
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.
Schedule III - THE THIRD SCHEDULE
THE THIRD SCHEDULE
[See section 2(c)]
I. EXTRACTS FROM THE AGREEMENT BETWEEN 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
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 the 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 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 6TH DAY OF
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.
(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.
(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 up to 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 up to 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. No.
|
Name of
Chhits
|
Chhit No.
|
Lying
within Police station Bangladesh
|
Lying
within Police station W. Bengal
|
Area in
acres
|
|
|
|
A.
Enclaves with independent chhits
|
|
|
|
1.
|
Garati
|
75
|
Pochagar
|
Haldibari
|
58.23
|
|
2.
|
Garati
|
76
|
Pochagar
|
Haldibari
|
0.79
|
|
3.
|
Garati
|
77
|
Pochagar
|
Haldibari
|
18
|
|
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 Citaldaha
|
30
|
Dimla
|
Haldibari
|
7.71
|
|
35.
|
Bara
Khankikharija Citaldaha
|
29
|
Dimla
|
Haldibari
|
36.83
|
|
36.
|
Barakhangir
|
28
|
Dimla
|
Haldibari
|
30.53
|
|
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. 107 of P.S. Mekliganj
|
Patgram
|
Mekliganj
|
4.35
|
|
41.
|
Jamaldaha-Balapukhari
|
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.
|
Fulker
Dabri Fragment of J.L. 107 of P.S. Mekliganj
|
Patgram
|
Mekliganj
|
0.88
|
|
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
|
16A
|
Patgram
|
Mekliganj
|
42.8
|
|
57.
|
Komat
Changrabandha
|
17A
|
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
|
153/0
|
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
|
|
70.
|
Baakata
|
132
|
Patgram
|
Hathabhanga
|
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
|
|
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 & JL No. at the southern and of JL No. 38 & southern
and of JL No. 39 (locally known as Ashokabari**)
|
Patgram
|
Mathabhanga
|
3.5
|
|
|
|
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
Director
Land Records & Survey (Ex-Officio) West Bengal, India & Director,
Eastern Circle Survey of India, Calcutta.
|
Md. Shafi
Uddin
Director
General, Land Records and Surveys, Bangladesh.
|
*
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.
B. EXCHANGEABLE BANGLADESH ENCLAVES IN
INDIA WITH AREA
|
Sl. No.
|
Name of
Chhits
|
Lying
within Police station W. Bengal
|
Lying
within Police station Bangladesh
|
J.L. No.
|
Area in
acres
|
|
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
|
Mathabhanga
|
Patgram
|
37
|
69.84
|
|
13.
|
Chhit Land
of Jagatber No. 1
|
Mathabhanga
|
Patgram
|
35
|
30.66
|
|
14.
|
Chhit Land
of Jagatber No. 2
|
Mathabhanga
|
Patgram
|
36
|
27.09
|
|
15.
|
Chhit
Kokoabari
|
Mathabhanga
|
Patgram
|
47
|
29.49
|
|
16.
|
Chhit
Bhandardaha
|
Mathabhanga
|
Patgram
|
67
|
39.96
|
|
17.
|
Dhabalguri
|
Mathabhanga
|
Patgram
|
52
|
12.5
|
|
18.
|
Chhit
Dhabalguri
|
Mathabhanga
|
Patgram
|
53
|
22.31
|
|
19.
|
Chhit Land
of Dhabalguri No. 3
|
Mathabhanga
|
Patgram
|
70
|
1.33
|
|
20.
|
Chhit Land
of Dhabalguri No. 4
|
Mathabhanga
|
Patgram
|
71
|
4.55
|
|
21.
|
Chhit Land
of Dhabalguri No. 5
|
Mathabhanga
|
Patgram
|
72
|
4.12
|
|
22.
|
Chhit Land
of Dhabalguri No. 1
|
Mathabhanga
|
Patgram
|
68
|
26.83
|
|
23.
|
Chhit Land
of Dhabalguri No. 2
|
Mathabhanga
|
Patgram
|
69
|
13.95
|
|
24.
|
Mahishmari
|
Sitalkuchi
|
Patgram
|
54
|
122.77
|
|
25.
|
Bura
Saradubi
|
Sitalkuchi
|
Hatibadha
|
13
|
34.96
|
|
26.
|
Falnapur
|
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.
|
Poaturkuthi
|
Dinhata
|
Lalmonirhat
|
37
|
589.94
|
|
32.
|
Paschim
Bakalir Chhara
|
Dinhata
|
Bhurungamari
|
38
|
151.98
|
|
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
|
153.89
|
|
(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
Director
Land Records & Survey (Ex Officio) West Bengal, India & Director,
Eastern Circle Survey of India, Calcutta.
|
Md. Shafi
Uddin
Director
General, Land Records and Surveys, Bangladesh.
|
Statement of Objects and Reasons -
CONSTITUTION (ONE HUNDREDTH AMENDMENT) ACT, 2015
STATEMENT OF OBJECTS
AND REASONS
1.
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.