constituent assembly of india debates (proceedings)- volume vii

[Annexure VIII]
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APPENDIX C
A. V. THAKKAR.
SUMMARY OF RECOMMENDATIONS OF THE ASSAM SUB-COMMITTEE.
District Councils should be set up in the Hill Districts (see Section *B of Appendix A) with powers of
legislation over occupation or use of land other than land comprising reserved forest under the Assam
Forest Regulation of 1891 or other law applicable. This is subject to the proviso that no payment would
be required for the occupation of vacant land by the Provincial Government for public purposes and
private land required for public purposes by the Provincial Government will be acquired for it on payment
of compensation [Para. *9 Section C (1) Appendix A]. *
2. Reserved forest will be managed by the Provincial Government. In questions of actual management
including the appointment of forest staff and the granting of contracts and leases, the susceptibilities and
the legitimate desires and needs of the Hill people should be taken into account (Para. *10).
3. On account of its disastrous effects upon the forest, rainfall and other climatic features, jhuming
should be discouraged and stopped wherever possible but the initiative for this should come from the
tribes themselves and the control of jhuming should be left to the local councils [Para. *11 and Section
C. of Appendix A]*.
4. All social law and custom is left to be controlled or regulated by the tribes [Para. *12 and Section C
(2) of appendix A]. All criminal offences except those punishable with death, transportation or
imprisonment for five years and upwards should be left to be dealt with in accordance with local practice
and the Code of Criminal Procedure will not apply to such cases. As regards the serious offences
punishable with imprisonment of five years or more they should be tried henceforth regularly under the
Criminal Procedure Code. To try such cases, powers should be conferred by the Provincial Government
wherever suitable upon tribal councils or courts set up by the district councils themselves.
All ordinary civil suits should be disposed of by tribal courts and local councils may have full powers
to deal with them including appeal and revision.
Where non-tribals are involved, civil or criminal cases should be tried under the regular law and the
Provincial Government should make suitable arrangements for the expeditious disposal of such cases by
employing circuit magistrates or judges [Para. *12 Sections D & F of Appendix A].*
5. The District Councils should have powers of management over primary schools, dispensaries and
other institutions which normally come under the scope of local self-governing institutions in the plains.
They should have full control over primary education. As regards secondary school education, there
should be some integration with the general system of the province and it is left open to the Provincial
Government to entrust local councils with responsibility for secondary schools wherever they find this
suitable [Para. *13 and Section E of Appendix A]*.
For the Mikir and North Cachar Hills the District or Sub Divisional Officer, as the case may be, should
be ex-officio President of the local council with powers, subject to the control of the Government of
Assam, to modify or annual resolutions or decisions of the local councils and to issue such instructions as