constituent assembly of india debates (proceedings)- volume vii

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following powers of taxation: (a) subject to the general principles of assessment approved in this behalf for the rest of Assam, land revenue (b) poll tax or house tax. (2) The District Council shall have powers to impose the following taxes, that is to say (a) a tax on professions, trades or calling, (b) a tax on animals, vehicles, (c) toll tax, (d) market dues, (e) ferry dues, (f) cesses for the maintenance of schools, dispensaries or roads. (3) A Regional Council or District Council may make rules for the imposition and recovery of the taxes within its financial powers. I. (1) The Government of Assam shall not grant any licence or lease to prospect for or extract minerals within an autonomous district save in consultation with the District Council. (2) Such share of the royalties accruing from licences or leases for minerals as may be agreed upon shall be made over to the District Council. In default of agreement such share as may be determined by the Governor in his discretion shall be paid. J. (1) The District Council may for the purpose of regulating the profession of money lending, or trading by non-tribals in a manner detrimental to the interests of the tribals make rules applicable to the district or any portion of it: (a) prescribing that except the holder of a licence issued by the Council in this behalf no person shall carry on money lending, (b) prescribing the maximum rate of interest which may be levied by a moneylender, (c) providing for the maintenance of accounts and for their inspection by its officials, (d) prescribing that no non-tribal shall carry on wholesale or retail business in any commodity except under a licence issued by the District Council in this behalf: Provided that no such rules may be made unless the District Council approves of the rules by a majority of not less than three fourths of its members: Provided further that a licence shall not be refused to moneylenders and dealers carrying on business at the time of making of the rules. K. (1) The number of members representing an autonomous district in the Provincial Legislature shall bear at least the same proportion to the population of the district as the total number of members in that Legislature bears to the total population of Assam. (2) The total number of representatives allotted to the autonomous districts which may at any time be specified in Schedule A in accordance with Sub-section (1) of this Section shall not be taken into account in reckoning the total number of representatives to be allotted to the rest of the Province under the provisions of Section .........of the Provincial Constitution. (3) No constituencies shall be formed for the purpose of election to the Provincial Legislature which include portions of other autonomous districts or other areas, nor shall any non-tribal be eligible for election except in the constituency which includes the Cantonment and Municipality of Shillong. L. (1) Legislation passed by the provincial legislature in respect of (a) any of the subjects specified in section C or (b) prohibiting or restricting the consumption of any non-distilled alcoholic liquor, shall not apply to an autonomous district. (2) A Regional Council of an autonomous district or if there is no Regional Council, the District Council
may apply any such law to the area under its jurisdiction, with or without modification. M. The revenue and expenditure pertaining to an autonomous district which is credited to or met from the funds of the Government of Assam shall be shown separately in the annual financial statement of the Province of Assam. N. There shall be paid out of the revenues of the Federation to the Government of Assam such capital and recurring sums as may be necessary to enable that Government - (a) to meet the average excess of expenditure over the revenue during the three years immediately preceding the commencement of this constitution in respect of the administration of the areas specified in Schedule A; and (b) to meet the cost of such schemes of development as may be undertaken by the Government with the approval of the Federal Government for the purpose of raising the level of administrations of the aforesaid areas to that of the rest of the province. O. (1) The Governor of Assam may at any time institute a commission specifically to examine and report on any matter relating to the administration or, generally at such intervals as he may prescribe, on the administration of the autonomous districts generally and in particular on (a) the provision of educational and medical facilities and communications (b) the need for any new or special legislation and (c) the administration of the District or Regional Councils and the laws or rules made by them. (2) The report of such a commission with the commendations of the Governor shall be placed before the provincial legislature by the Minister concerned with an explanatory memorandum regarding the action taken or proposed to be taken on it. (3) The Governor may appoint a special Minister for the Autonomous Districts. P. (1) The Government of Assam may, with the approval of the Federal Government, by notification make the foregoing provisions or any of them applicable to any area specified in Schedule B to this Part, or to a part thereof; and may also, with the approval of the Federal Government, exclude any such area or part thereof from the said Schedule. (2) Till a notification is issued under this section, the administration of any area specified in Schedule B or of any part thereof shall be carried on by the Union Government through the Government of Assam as its agent. Q. (1) The Governor of Assam in his discretion may, if he is satisfied that any act or resolution of a Regional or District Council is likely to endanger the safety of India, annul or suspend such act or resolution and take such steps as he may consider necessary (including dissolution of the Council and the taking over of its administration) to prevent the commission or continuation of such act or giving effect to such resolution. (2) The Governor shall place the matter before the legislature as soon as possible and the legislature may confirm or set aside the declaration of the Governor. R. The Governor of Assam may on the recommendation of a commission set up by him under section N order the dissolution of a Regional or District Council and direct either that fresh election should take place immediately, or with the approval of the legislature of the province, place the administration of the area directly under himself or the commission or other body considered suitable by him, during the interim period or for a period not exceeding twelve months: Provided that such action shall not be taken without affording an opportunity to the District or
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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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12. The Central Government should c
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7. Shri Raj Krushna Bose. Co-opted
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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 and 160: that no direct statutory safeguard
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 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: Provided that land required by the
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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