constituent assembly of india debates (proceedings)- volume vii

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sufficiently numerous. For this purpose non-tribal constituencies may be formed if justified and if the population is not below 500 [Para. *27 and Section B (2) of appendix A]*. 20. Provincial councils should be set up by the Governor of Assam after consulting such local organisations as exist. These provisional councils which will be for one year will have powers to frame their own constitution and rules for the future [Para. *29 and Transitional Provisions of Appendix A also]*. ------------------------------------------------------------------------------------- * References to pages, paras., sections and appendices are to pages, paras., sections and appendices in the original reports. ------------------------------------------------------------------------------------- [Annexure XIII] APPENDIX D SCHEDULE 13 TO GOVERNMENT OF INDIA (PROVINCIAL The following Tribes and Communities: - LEGISLATIVE ASSEMBLIES) ORDER, 1936 BACKWARD TRIBES PART V - ASSAM 1. Kachari. 9. Doori. 2. Boro or Boro-Kachari. 10. Abor. 3. Rabha. 11. Mishmi. 4. Miri. 12. Dafla. 5. Lalung. 13. Singpho. 6. Mikir. 14. Khampti. 7. Garo. 15. Any Naga or Kuki tribe. 8. Hajong. 16. Any other tribe or community for [Annexure XIV] the time being designated of by the Governor in his discretion. -----------------
APPENDIX D General Summary of the Reports of the Excluded & Partially Excluded Areas (other than Assam) Sub-Committee and the North-East Frontier (Assam) Tribal and Excluded Areas Sub-Committee [including the Final Report of the E. & P. E. Areas (other than Assam) Sub- Committee.]* I In provinces other than Assam, with the exception of the Laccadive Islands of Madras and the Spiti and Lahoul area of Punjab, there are no excluded areas. In both of these excluded areas the population is not ethnically tribal. In the Laccadive Islands the islanders are Muslims of the same stock as the Moppillahs of Malabar. In Minicoy they are believed to be of Sinhalese origin. In Spiti and Lahoul the inhabitants are of Tibetan origin. In the remaining partially excluded areas of provinces other than Assam the principal tribes to be found are Santal, Gond, Bhil, Munda, Oraon, Kondh, Ho and Savara. Many minor tribes like Korku, Pardhan, Ko, Bhumij, Warli also inhabit the areas. The total population! of all the tribes, excluding Assam, is about 131/2 millions of which approximately 8 millions inhabit the partially excluded areas. With the exception of certain small tribes like the Bonda Porja and the Kutia Kondh of Orissa, all the remaining tribes have experienced varying degrees of sophistication and come into contact with people of the plains and advanced tracts. Although the tribals living in the non-excluded areas are often hard to distinguish from the plains people among whom they live, they are generally in a backward condition which is sometimes worse than the condition of the scheduled castes. It is not possible therefore to leave them out of consideration on the ground that only the tribes in the partially excluded areas need attention. All the tribes of provinces other than Assam, whether living in the plains or in the partially excluded tracts, should, as one whole be treated as a minority. As regards Assam, conditions in the hill districts of which the Naga Hills, the Lushai Hill and the North Cachar Hills have been excluded are or a totally different footing and the atmosphere, particularly in these excluded areas, is one which is not to be found elsewhere. These areas must therefore be treated separately from the rest. As regards plains tribals the total number of whom, including Sylhet, comes to approximately 1.5 million according to census figures, about seven lakhs are tea-garden labour from various parts of the country *[ not included in the schedule B to the Government of India (Legislative Assemblies Order) 1936]* are not to be taken into account as tribes of Assam. The tribal population of the excluded and partially excluded area comes to about 81/2 lakhs. In Assam there are in addition the frontier tracts and tribal areas in which conditions of settled administration prevail only to a very small extent and large areas cannot be said to be under regular administration at all. Even now, in the northern frontier tracts, Tibetan taxcollectors make in roads and, in the Naga tribal area, had--hunting goes on. the administration of these areas still involves contact with foreign States and problems of defence. 2. The areas inhabited by the tribes, whether in Assam or elsewhere, are difficult of access, highly malarial and infested also in some cases by other diseases like yaws and venereal disease and lacking in such civilizing facilities as roads, schools, dispensaries and water supply. The tribes themselves are for the most part extremely simple people who can be and are exploited with ease by plains folk resulting in the passage of land formerly cultivated by them to money-lenders and other erstwhile non-agriculturists. While a good number of superstitions and even harmful practices are prevalent among them the tribes have their own customs and way of life with institutions like tribal and village panchayats or councils which are very effective in smoothing village administration. The sudden disruption of the tribal customs and ways by exposure to the impact of a more complicated and sophisticated manner of life is capable of doing great harm. Considering past experience and the strong temptation to take advantage of the tribals simplicity and weaknesses it is essential to provide statutory safeguards for the protection of the land which is the mainstay of the aboriginal's economic life and for his customs and institutions which, apart from being his own, contain elements of value. In making provisions however allowance could be made for the fact that in the non- excluded areas the tribals have assimilated themselves in considerable
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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
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members have to be non-tribals. The
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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
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 and 200: may apply any such law to the area
Page 201 and 202: District Councils should be set up
Page 203: The Lakhimpur Frontier Tract should
Page 207 and 208: 7. The Federal Government should in
Page 209 and 210: Provincial Governments (other than
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