constituent assembly of india debates (proceedings)- volume vii

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Sub-Committee, has admitted that for administrative reasons all the six districts should be scheduled. I have other reasons also for the same insistence but the most vital one is the necessity of protecting 1,479,485 Adibasis of the districts of Manbhum, Hazaribagh and Palamau with the veto of the Tribes Advisory Council. This 1941 Census figure is large enough to justify the claim that 15 lakhs of Adibasis should not be exposed to the dangers of General Administration. Partially Excluded Areas in Mirzapur District. - The tribal tract in Mirzapur district should be transferred to the Scheduled Area of the Chhota Nagpur Plateau. Administratively as well as geographically, the Bihar Government would be in a better position to manage this far-off corner of the United Provinces. Chittagong Hill Tracts. - The Indian Government must claim back the Chittagong Hill Tracts. The Radcliffe Award must be altered in regard to them Sept. 25th, 1947. JAIPAL SINGH. Note by Chairman on Minute of Dissent by Shri Jaipal Singh I do not think that any witnesses whom the Committee examined were explained our proposal that was under contemplation by the Committee about "Scheduling" of certain areas in some provinces. "Scheduling" has a certain special meaning which was not explained to nor known by witnesses at all, not even to Dr. Sachchidananda Sinha. Therefore they could not distinguish between "Schedule and nonschedule" areas in which Tribes reside. Therefore the statement that, all the witnesses were emphatic that the Chhota Nagpur Division as a whole should be scheduled and that no District or territory should be excluded from the "Scheduled States" is incorrect, at any rate, very highly exaggerated. The Tribal people in Manbhum District form only 33.3 per cent. of the total population. In Hazaribagh 27.8 is the similar percentage. The Latehar Sub-Division of the Palamau District has been recommended by the Sub-Committee as "Schedule". But in the Sadar Sub-Division the percentage is only 26.0. Moreover there are very small compact areas in the two districts mentioned above and in the Sadar Sub- Division of Palamau District which have a Tribal population of more than 40 per cent of the total population, the tribal people have assimilated themselves with the rest of the population so as to be indistinguishable in those areas. It is not therefore necessary to "schedule" the districts of Manbhum and Hazaribagh and the Sadar Sub-Division of Palamau District for the small percentage of the Tribal people who are dispersed among the rest of the population, and thus to brand these 2 2/2 districts as backward. As has already been shown in the body of the report the area of Dudhi Tehsil and parts of Robertsganj are too small to be made a Scheduled Area. It is a very fantastic proposal to detach this area from the United Provinces and to tag it on to Bihar Province. It requires no argument to say that this proposal can form no part of this Committee's proposal. Chittagong Hill Tracts is a purely 97 per cent Buddhistic or non-Muslim area and this Committee would have been too glad, had it formed a part of West Bengal but as the Boundary Commission gave its decision to the contrary and it was accepted by both the Dominions of India and Pakistan. The Committee has been very sorry to know this decision but the award of the Boundary Commission is unalterable.
Delhi, 25th Sept. 1947. MINUTE OF DISSENT A. V. THAKKAR Chairman. The Sub-Committee submitted a provisional report prior to visiting Bihar. While submitting that report I raised a question to the effect that all districts of Chhota Nagpur Division and Santhal Pargana should be included as Scheduled Areas. During Bihar tour evidence adduced before the Sub-Committee strongly confirmed my contention that the aforesaid areas deserve to be included as Scheduled Areas. The evidence including that of Dr. Sachchidananda Sinha strongly support this contention. Inclusion of the aforesaid tracts as scheduled Areas is strongly warranted. The 13th October,1947. [Annexure X] APPENDIX D D. N. SAMANTA Joint Report of the Excluded and Partially Excluded Areas (other than Assam) Sub-Committee and the North East Frontier (Assam) Tribal and Excluded Areas Sub- Committee of the Advisory Committee. In accordance with the ruling of the Chairman, Advisory Committee, we have held a joint meeting of our two sub-committee. Separate reports have already been submitted by us which in the case of the Assam Sub-Committee contains final recommendations, and in the case of the other Sub-Committee is final for the Provinces of Madras, Bombay, Bengal, the Central Provinces and Orissa, and is provisional for Bihar, the United Provinces and the Punjab which have yet to be visited or in respect of which witnesses are yet to be examined. The report of the latter Sub-Committee contains however the framework of the proposals likely to be adopted finally. Although that report is not final for all Provinces, this joint report is being submitted so that the recommendations could be taken into consideration by the Advisory Committee, if this is necessary, before the final report is available towards the end of September. We would further point out that the position of the excluded and partially excluded areas has undergone a change with the coming into operation of the Indian Independence Act and the adapted Constitution of 1935. Under the Indian Independence Act so much of the provisions of the Government of India Act, 1935 as requires a Governor to act in his discretion or exercise his individual judgment ceases to have effect from the 15th of August. The partially excluded areas are represented in the legislatures, however inadequately, but in the case of the excluded areas the change implies that they are brought under the jurisdiction of the Ministry without representation in the legislature. Taking into account the past history of these tracts, the needs and susceptibilities, of the people and other factors, it appears desirable that the Provincial Governments should at least be aware of our recommendations as soon as possible so that their policy may be guided thereby even if other steps are not found necessary in the Constituent Assembly for their implementation at an early date. We recommend that Provincial Governments should be advised to take such action as the establishment of District Councils and Tribal Advisory Councils as may be possible immediately to give effect to the policy recommended by us and to make such statutory regulations for this purpose as may be necessary.
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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
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the Provincial Government was in re
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indistinguishable from non-hill peo
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the Government of Assam. The Assam
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tracts, while revenue is needed els
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-----------------------------------
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deals with the question of franchis
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to be maintained with the developme
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(3) If there are different tribes i
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Provided that no such rules may be
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Schedule A The Khasi and Jaintia Hi
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time the problems of administration
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the people, if tribal councils are
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It has been mentioned that the dist
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district and its external relations
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that there is an understandable fee
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[Annexure VIII] -------------------
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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
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Page 155 and 156: aboriginal members should be electe
Page 157 and 158: prevent any unnecessary complicatio
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Page 161 and 162: lenders. We consider it necessary t
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: provinces for the tribals or which
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
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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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