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constituent assembly of india debates (proceedings)- volume vii

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may be necessary [Para. *13 and Section B (5) <strong>of</strong> Appendix A]*.<br />

6. Certain taxes and financial powers should be allocated to the councils. They should have all the<br />

powers which local bodies in regulation districts enjoy and in addition they should have powers to impose<br />

house tax or poll tax, land revenue and levies arising out <strong>of</strong> the powers <strong>of</strong> management <strong>of</strong> village forest<br />

[Section *H <strong>of</strong> Appendix A and Para. 14 (a)]*.<br />

Statutory provision for a fixed proportion <strong>of</strong> provincial funds to be spent on the hill districts is not<br />

considered practicable. A separate financial statement for each hill district showing the revenue derived<br />

from the district and the expenditure proposed on it is recommended. The framing <strong>of</strong> a suitable<br />

programme <strong>of</strong> development should be enjoyed either by statute or by Instrument <strong>of</strong> Instructions<br />

[Section *M <strong>of</strong> Appendix A and Para. 14 (b)].*<br />

It is quite clear that the urgent requirements <strong>of</strong> the hill districts by way <strong>of</strong> expenditure on<br />

development schemes are beyond the resources <strong>of</strong> the Provincial Government. The development <strong>of</strong> the<br />

hill-districts should be as much the concern <strong>of</strong> the Federal Government as the Provincial Government.<br />

Financial assistance should be provided by the Federation to meet the deficit in the ordinary<br />

administration on the basis <strong>of</strong> the average deficit during the past three years and the cost <strong>of</strong><br />

development schemes should also be borne by the Central Exchequer [Section *N <strong>of</strong> appendix A and<br />

Para. 14 (c)]*.<br />

The claim <strong>of</strong> the hill district councils for assistance from general provincial revenues to the extent that<br />

they are unable to raise the necessary finances within their own powers is recognised [Para. 14 (d)]*.<br />

7. If local councils decide by a majority <strong>of</strong> three-fourths <strong>of</strong> their members to licence moneylenders or<br />

traders they should have powers to require moneylenders and pr<strong>of</strong>essional dealers from outside to take<br />

out licences [Para. *15 and Section J <strong>of</strong> Appendix A]*.<br />

8. The management <strong>of</strong> mineral resources should be centralised in the hands <strong>of</strong> the Provincial<br />

Government but the right <strong>of</strong> the district councils to a fair share <strong>of</strong> the revenues is recognised. No licence<br />

or lease shall be given by the Provincial Government except in consultation with the local Council. If<br />

there is no agreement between the Provincial Government and the district Council regarding the share <strong>of</strong><br />

the revenue, the Governor will decide the matter in his discretion [Para. *16 and Section 1 <strong>of</strong> Appendix<br />

A]*.<br />

9. Provincial legislation which deals with the subjects in which the hill councils have legislative powers<br />

will not apply to the hill districts. Legislation prohibiting the consumption <strong>of</strong> non-distilled liquors like Zu<br />

will also not apply; the district council may however apply the legislation [Para. *17 and Section L <strong>of</strong><br />

Appendix A]*.<br />

10. It is necessary to provide for the creation <strong>of</strong> regional councils for the different tribes inhabiting an<br />

autonomous district if they so desire. Regional councils have powers limited to their customary law and<br />

the management <strong>of</strong> lands and villages and courts. Regional councils may delegate their powers to the<br />

district councils [Para. *18 and Section B (4) <strong>of</strong> Appendix A]*.<br />

11. The Governor is empowered to set aside any act or resolution <strong>of</strong> the council if the safety <strong>of</strong> the<br />

country is prejudiced and to take such action as may be necessary including dissolution <strong>of</strong> the local<br />

councils subject to the approval <strong>of</strong> the legislature. The Governor is also given powers to dissolve the<br />

council if gross mismanagement is reported by a commission [Para. *19 and Sections Q and R <strong>of</strong><br />

appendix A]*.

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