constituent assembly of india debates (proceedings)- volume vii

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selected non-tribal officials to the Scheduled Areas. In fact, in the evidence before us, opinion has been practically uniform that there is no necessity for a special cadre of officials for the hill tracts and what is really required is selection of sympathetic officials for working in the hills. We would draw attention here to the importance of providing suitable accommodation and facilities for medical attention to officials serving in the scheduled areas. Malaria and other diseases constitute the scourge of these hill tracts and unless special attention is paid to the health of the staff it is unlikely that development schemes will make much headway. The provision of facilities for recreation and adequate compensatory allowances for officials posted to these areas should be kept in mind. Any tendency to treat these posts as penal posts or posts for the safe deposit of incompetents must be strongly deprecated. 22. TRIBAL PANCHAYATS - We have recommended that simplified rules should be continued where they are in force in the Scheduled Areas for the trial of civil and criminal cases. Wherever trial institutions are still fairly vigorous, we would recommend that they should be utilised to try petty civil disputes and criminal cases. The establishment of the more advanced type of village panchayat is recommended wherever possible. 23. SHIFTING CULTIVATION - Shifting cultivation or podu is practised mostly in the Koraput and Ganjam agency tracts of Orissa and in the similar agency tracts of Madras. In the Central Provinces it is prohibited by law and is not practised to any appreciable extent except in the Baiga Chak where it is permitted and in the Zamindar is. We have nothing to add to the recommendations of the Orissa Partially Excluded Areas Inquiry Committee. This method of cultivation should be eliminated, as soon as possible. 24. PROHIBITION - We invite the attention of Provincial Governments to the recommendations made by Mr. Symington (Bombay) and the Orissa Partially Excluded Areas Committee. Temperance propaganda should be taken up as part of the welfare work. A feeling has been growing among aboriginals, particularly in the tracts of Bombay and the Central Provinces that prohibition is to their advantage, and this feeling should be fostered among all the tribals. 25. LAND - The importance of protection for the land of the tribals has been emphasised earlier. All tenancy legislation which has been passed hitherto with a view to protecting the aboriginal has tended to prohibit the alienation of the tribals land to non-tribals. Alienation of any kind, even to other tribals, may have to be prohibited or severely restricted in different stages of advancement are concerned. We find however that Provincial Governments are generally alive to this question and that protective laws exist. We assume that these will continue to apply and as we have made special provision to see that land laws are not altered to the disadvantage of the tribal in future, we do not consider additional restrictions necessary. As regards the allotment of new land for cultivation or residence however, we are of the view that the interests of the tribal need to be safeguarded in view of the increasing pressure on land everywhere. We have provided accordingly that the allotment of vacant land, belonging to the State in Scheduled Areas should not be made except in accordance with special regulations made by the Government on the advice of the Tribes Advisory Council. 26. MONEY-LENDERS - Connected with the protection of the land is the need for prevention of exploitation by money-
lenders. We consider it necessary that in the Scheduled Areas money-lenders should not be permitted at all and that at any rate they should be allowed to operate under licence and stringent control only. 27. THE SCHEDULED AREAS - It has been pointed out that areas like Sambalpur, Angul and Darjeeling need no longer be treated as partially excluded areas. The U. P. Government are of the view that the Khat Haripur Bias should be detached from the Hill Sub-division. They have also recommended the removal of the Dudhi Partially Excluded Areas. The population of the partially excluded areas in the United Provinces is small and the Jaunsar Bawar pargana is not inhabited by people who are in an ethnic sense tribals. We have not recommended a Tribes Advisory Council for U. P. and we do not consider it necessary to schedule either of these areas. Similarly we do not consider it necessary to schedule the Spiti area of the Punjab. In all these tracts, it will be open to the Provincial Government to apply the provisions of part II of the law proposed by us. In Bombay, we consider that certain areas in the West Khandesh District and the partially excluded areas of the Broach and Panch Mahals District should henceforth be administered without any special provisions. The C. P. areas are retained as they are and in Chhota Nagpur we are provisionally of the view that only the three districts which have a majority of tribal should be scheduled. The schedule proposed is shown as Appendix D*. On the other hand, there may be other areas which the Provincial Governments may like to bring under special administration. This can be done by the Provincial Government in their discretion. For the protection of the land of tribes line the Lepcha in Darjeeling the Provincial Government could make the appropriate provision of the chapter relating to the Scheduled areas applicable to the area concerned. 28. DRAFT PROVISIONS - We enclose a draft of provisions contemplated by us in roughly legal form (Appendix C*). ----------------------- * Reference to Appendix is to Appendix in the original reports. ----------------------- A. V. THAKKAR Chairman D. N. SAMANTA THAKUR PHUL BHANU SHAH RAJ KRUSHNA BOSE JAIPAL SINGH P. C. GHOSH.
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CONSTITUENT ASSEMBLY OF INDIA DEBAT
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y election in the case of the State
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This is purely, if I may say so, a
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agenda and as a protest I demand th
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and also the province of Orissa. Th
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does not come in in any other way.
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part of the Constituent Assembly Ru
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(35) (21) Janjira Sangli Savantvadi
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signature thereto. When the Bill is
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should be elected and that House sh
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language." I think those of my Sout
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announcement regarding the procedur
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sent in their amendments in full in
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only as a translation. The English
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Shri R. V. Dhulekar : *[Sir, I subm
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The Draft Constitution has been bef
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In the U.S.A. this dual polity is f
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which could be replaced by Parliame
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Government of India Act, 1935, I ma
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In the second place, it is wrong to
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India and the overthrow of the Cent
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That is the amendment. Shri B. Das:
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of joint electorate and that would
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other provincial legislatures excep
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11. The provisions of the Constitut
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I have the honour to forward herewi
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memoranda from the various Provinci
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Central revenue and the subventions
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22. The problem before us is how to
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use or consumption within the Provi
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succession duties. This will also g
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esident of India (for, today, it is
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contingency that may possibly arise
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74. In the meantime we make the fol
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The most outstanding advantage of t
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States. We are aware that many prob
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(14) Not less than 50 per cent of t
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Provinces or Units. 1. Duties on Su
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Province Federal List. 14. Taxes on
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1938-39 2,51 1,50 3,05 1939-40 2,56
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4. Export Duties on Jute and Jute p
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C. P. West Bengal Bihar Orissa A sy
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[ANNEXURE IV ] APPENDIX B (i) Sea c
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Licence fees and fines are not incl
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p = the population of the State con
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10 Faridkot 1,000 11 Gwalior 480 12
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14 Tehri -Garhwal 23 4* 17.4 #Inclu
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(2) If at a joint sitting of the tw
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Clause 194-A. - For, clause 194-A s
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meet the costs of such schemes of d
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From To (2) for entry 50, substitut
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To SIR, THE CHAIRMAN, SUB-COMMITTEE
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The North--East Frontier ( Sadiya,
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general in others. The States have
Page 109 and 110: the Provincial Government was in re
Page 111 and 112: indistinguishable from non-hill peo
Page 113 and 114: the Government of Assam. The Assam
Page 115 and 116: tracts, while revenue is needed els
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Page 119 and 120: deals with the question of franchis
Page 121 and 122: to be maintained with the developme
Page 123 and 124: (3) If there are different tribes i
Page 125 and 126: Provided that no such rules may be
Page 127 and 128: Schedule A The Khasi and Jaintia Hi
Page 129 and 130: time the problems of administration
Page 131 and 132: the people, if tribal councils are
Page 133 and 134: It has been mentioned that the dist
Page 135 and 136: district and its external relations
Page 137 and 138: that there is an understandable fee
Page 139 and 140: [Annexure VIII] -------------------
Page 141 and 142: 12. The Central Government should c
Page 143 and 144: 7. Shri Raj Krushna Bose. Co-opted
Page 145 and 146: total tribal population of the prov
Page 147 and 148: 3. PARTIALLY EXCLUDED AREAS - The m
Page 149 and 150: members have to be non-tribals. The
Page 151 and 152: punctuated by disorder and even reb
Page 153 and 154: The introduction of kuth cultivatio
Page 155 and 156: aboriginal members should be electe
Page 157 and 158: prevent any unnecessary complicatio
Page 159: that no direct statutory safeguard
Page 163 and 164: The Dewanganj, Sribardi, Nalitabori
Page 165 and 166: Bengal United provinces Punjab Biha
Page 167 and 168: Bombay suburban 251,147 13,890 5.53
Page 169 and 170: Jalaun 482,384 6,361 1.31 Hamirpur
Page 171 and 172: British Territory 10,204,733 2,484,
Page 173 and 174: 13. Serithi Goudus. 14. Holva. 15.
Page 175 and 176: 3. Bathudi. 14. Ho. 25. Mahli. 4. B
Page 177 and 178: (2) In the Federal Legislature (Hou
Page 179 and 180: 4. Bissoy - Bharangi Jodia, Bennang
Page 181 and 182: 45. Savaras - Kapu Savaras, Khutto
Page 183 and 184: 3. Chenchu. 10. Paroja. 17.Binjhia.
Page 185 and 186: The Bhainsdehi Tahsil of the Betul
Page 187 and 188: [Annexure VII] To DEAR SIR, THE CHA
Page 189 and 190: Income Expenditure 1944-45 1,64,430
Page 191 and 192: provinces for the tribals or which
Page 193 and 194: Delhi, 25th Sept. 1947. MINUTE OF D
Page 195 and 196: tribes, a Tribes Advisory Council w
Page 197 and 198: Provided that land required by the
Page 199 and 200: may apply any such law to the area
Page 201 and 202: District Councils should be set up
Page 203 and 204: The Lakhimpur Frontier Tract should
Page 205 and 206: APPENDIX D General Summary of the R
Page 207 and 208: 7. The Federal Government should in
Page 209 and 210: Provincial Governments (other than
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