constituent assembly of india debates (proceedings)- volume vii

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Regional Council to be heard by the provincial legislature and shall not be taken if the provincial legislature is opposed to it. Transitional Provisions Governor to carry on administration as under the 1935 Act till a Council is set up, he should take action to constitute the first District Council or Regional councils and frame provisional rules in consultation with existing tribal Councils or other representative organisations, for the conduct of the elections, prescribe who shall be the office bearers etc. The term of the first Council to be one year. Schedule B GOPINATH BARDOLOI, (Chairman) J. J. M. NICHOLS-ROY. RUP NATH BRAHMA. A. V. THAKKAR. The Khasi and Jaintia Hills District excluding the town of Shillong. The Garo Hills District. The Lushai Hills District. The Naga Hills District. The North Cachar Sub-division of the Cachar District. The Mikir Hills portion of Nowgong and Sibsagar District excepting the mouzas of Barpathar and Sarupathar. The Sadiya and Balipara Frontier Tracts. Schedule B The Tirap Frontier Tract (excluding the Lakhimpur Frontier Tract). The Naga Tribal Area. [Annexure XII] APPENDIX D SUMMARY OF RECOMMENDATIONS OF THE ASSAM SUB-COMMITTEE
District Councils should be set up in the Hill Districts (see Section B of Appendix A) with powers of legislation over occupation or use of land other than land comprising reserved forest under the Assam Forest Regulation of 1891 or other law applicable. This is subject to the proviso that no payment would be required for the occupation of vacant land by the Provincial Government for public purposes and private land required for public purposes by the Provincial Government will be acquired for it on payment of compensation [Para. *9 - Section C (1) Appendix A.]* 2. Reserved forests will be managed by the Provincial Government in questions of actual management including the appointment of forest staff and the granting of contracts and leases, the susceptibilities and the legitimate desires and needs of the Hill People should be taken into account [Para. *10]*. 3. On account of its disastrous effects upon the forest, rainfall and other climatic features, jhuming should be discouraged and stopped wherever possible but the initiative for this should come from the tribes themselves and the control of jhuming should be left to the local councils [Para. *11 and Section C of Appendix A]*. 4. All social law and custom is left to be controlled or regulated by the tribes. [Para. *12 and Section C (2) of appendix A]. All criminal offences except those punishable with death, transportation or imprisonment for five years and upwards should be left to be dealt with in accordance with local practice and the Code of Criminal Procedure will not apply to such cases. As regards the serious offences punishable with imprisonment of five years or more they should be tried henceforth regularly under the Criminal Procedure Code. To try such cases, powers should be conferred by the Provincial Government wherever suitable upon tribal councils or courts set up by the district councils themselves. All ordinary civil suits should be disposed of by tribal courts and local councils may have full powers to deal with them including appeal and revision. Where non-tribals are involved, civil or criminal cases should be tried under the regular law and the Provincial Government should make suitable arrangements for the expeditious disposal of such cases by employing circuit magistrates or judges. [Para. *12 - Section D & F of Appendix A].* 5. The District Councils should have powers of management over primary schools, dispensaries and other institutions which normally come under the scope of local self-governing institutions in the plains. They should have full control over primary education. As regards secondary school education, there should be some integration with the general system of the province and it is left open to the provincial Government to entrust local councils with responsibility for secondary schools wherever they find this suitable. [Para. *13 and Section E of Appendix A].* For the Mikir and North Cachar Hills the District or Sub Divisional province and it is left open to the provincial Government to entrust local councils with powers, subject to the control of the Government of Assam, to modify or annul resolutions or decisions of the local councils and to issue such instructions as may be necessary. [Para. *13 and Section B (5) of Appendix A]*. 6. Certain taxes and financial powers should be allocated to the councils. They should have all the powers which local bodies in regulation districts enjoy and in addition they should have powers to impose house tax or poll tax, land revenue and levies arising out of the powers of management of village forest. [Section *H of Appendix A and Para. 14 (a)]*. Statutory provision for a fixed proportion of provincial funds to be spent on the hill districts is not considered practicable. A separate financial statement for each hill district showing the revenue derived
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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
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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 and 198: Provided that land required by the
Page 199: may apply any such law to the area
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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