constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
constituent assembly of india debates (proceedings)- volume vii
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(7) there shall be one seat reserved in the Provincial Assembly for a tribal from the area <strong>of</strong><br />
the Mirzapur District which is now partially excluded.<br />
EAST PUNJAB<br />
4. The disturbed conditions in the East Punjab have prevented the appearance <strong>of</strong> witnesses from Spiti<br />
and Lahoul before us and it is equally not possible for us to visit the area. It is unlikely that settled<br />
conditions will prevail in the Punjab before the passes are blocked and we do not propose therefore to<br />
postpone our recommendations which will now be based on the factual memorandum sent by the<br />
Provincial Government.<br />
We consider that constitutional provisions should be made as follows: -<br />
(a) An Advisory Committee <strong>of</strong> which at least 2/3 shall be local residents shall be set up to<br />
advise the Provincial Government regarding the administration <strong>of</strong> Lahoul and Spiti.<br />
(b) The Provincial Government may declare any law passed by the Federal or Provincial<br />
Legislature as not applicable to the tracts or applicable with specified modifications.<br />
(c) The Provincial Government may make special regulations for the administration <strong>of</strong><br />
criminal and civil law and the protection or rights <strong>of</strong> local Tibetan inhabitants in land.<br />
(d) The Provincial Government shall report to the Central Government annually or as may<br />
be required by the Central Government regarding the administration <strong>of</strong> this area and abide<br />
by its directive.<br />
(e) We confirm the recommendation made in paragraph 9 <strong>of</strong> the Interim Report that there<br />
should be a representative for Lahoul and Spiti in the Provincial Legislature.<br />
5. A Central Department. - After surveying the position in all the provinces, we have been forced to<br />
the conclusion that unless there is a separate department <strong>of</strong> the Federal Government prescribed by<br />
Statute to supervise and which the development <strong>of</strong> the scheduled areas and the tribals in the different<br />
provinces and to furnish such advice and guidance as may be needed, the pace <strong>of</strong> progress <strong>of</strong> the tribes<br />
will not be sufficiently swift. The Central Government have already recognised the need for a Directorate<br />
<strong>of</strong> anthropological Survey and we recommend that provision for a Central Department <strong>of</strong> Tribal Welfare<br />
should be made in the Constitution.<br />
6. Recruitment to Armed Forces. - We are also <strong>of</strong> the view that special attention should be paid to<br />
the recruitment <strong>of</strong> the tribes to the armed forces <strong>of</strong> India. The tribes people can in our opinion furnish<br />
valuable material for this purpose as experience in the last war goes to show.<br />
7. Village and Tribal Headmen. - During the course <strong>of</strong> our enquiry many complaints <strong>of</strong> oppression<br />
and mishandling <strong>of</strong> the tribes people by the hereditary chiefs or heads <strong>of</strong> villages like the Mustadars<br />
Bissois and Paros and Muthadars <strong>of</strong> South Orissa, the Parganaits and Pradhans <strong>of</strong> the Santal Parganas<br />
and the Mankis and Mundas <strong>of</strong> Singhbhum have reached us. We are <strong>of</strong> the view that a general review <strong>of</strong><br />
the powers and functions <strong>of</strong> such village or tribal heads should be undertaken by Provincial Governments<br />
with a view to removing the grievances <strong>of</strong> the tribal villagers, the abolition <strong>of</strong> powers which are exercised<br />
in an oppressive manner and the general reform <strong>of</strong> these ancient systems.<br />
8. Non-<strong>of</strong>ficial welfare organisations. - We recommend that the Provincial Governments should<br />
utilise the services <strong>of</strong> approved non-<strong>of</strong>ficial organisations which are at present doing welfare work in the