06.04.2013 Views

constituent assembly of india debates (proceedings)- volume vii

constituent assembly of india debates (proceedings)- volume vii

constituent assembly of india debates (proceedings)- volume vii

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

7. The Federal Government should institute a special commission after ten years to enquire into the<br />

progress <strong>of</strong> the scheduled areas and the tribes *[Para. *16 and Sec. K (1) <strong>of</strong> App. C <strong>of</strong> Other Than<br />

Assam Sub-Committee Report]*.<br />

8. In provinces other than Assam, excepting the U. P. and the Punjab, a Tribes Advisory Council<br />

containing, to the extent <strong>of</strong> three-fourths <strong>of</strong> its membership, elected members <strong>of</strong> the provincial<br />

legislatures is recommended. The Council shall have not less than ten or more than twenty-five members<br />

*[Para. *15 and Sec. J <strong>of</strong> App. C <strong>of</strong> Other Than Assam Sub-Committee Report]*. For U. P. and the<br />

Punjab an advisory committee containing representatives <strong>of</strong> the tribal or backward class concerned to<br />

the extent <strong>of</strong> two thirds is recommended *[ Par as. *3 & 4 <strong>of</strong> Final Report; see also para.*18 <strong>of</strong> this<br />

Summary for details <strong>of</strong> U. P. Committees]*. For Assam there is provision for the Governor to appoint<br />

either a permanent or an ad hoc commission to report or keep the Government in touch with the<br />

administration <strong>of</strong> the autonomous districts [Para. *24 & Sec. O (1) <strong>of</strong> App. A <strong>of</strong> Assam Sub-Committee<br />

Report]*.<br />

9. The hill districts <strong>of</strong> Assam are to be designated as autonomous districts and special district councils<br />

should be set up for each <strong>of</strong> them. The district councils will have powers <strong>of</strong> legislation over (a)<br />

occupation or use <strong>of</strong> land other than land comprising reserved forest, (b) the management <strong>of</strong> forest<br />

other than reserved forest, (c) the use <strong>of</strong> canals and water courses for the purposes <strong>of</strong> agriculture, (d)<br />

control <strong>of</strong> jhum cultivation, (e) establishment <strong>of</strong> village and town committees and (f) village<br />

management in general. Reserved forests will be managed by the Provincial Government [ Par as. *9 to<br />

13 <strong>of</strong> Assam Sub-Committee Report]*.<br />

The district council will have powers <strong>of</strong> management <strong>of</strong> all institutions which normally come under the<br />

scope <strong>of</strong> local self-government in the plains and will have full control over primary education [Para. *13<br />

and Sec. E <strong>of</strong> App. A <strong>of</strong> Assam Sub-Committee Report]*.<br />

The district council will also have powers to make its own rules and regulations regarding its own<br />

constitution *[sec.*B (5) <strong>of</strong> app . A <strong>of</strong> Assam sub-committee Report]*.<br />

The district council will have powers to make laws affecting (a) appointment and succession <strong>of</strong> Chiefs,<br />

(b) inheritance <strong>of</strong> property councils [Para. *18 & Sec. B (3) <strong>of</strong> app. A <strong>of</strong> Assam Sub-Committee Report]*.<br />

District councils and regional councils can set up courts with full powers to deal with all civil suits<br />

other than those arising out <strong>of</strong> special laws and <strong>of</strong>fences punishable under the Penal Code with<br />

imprisonment <strong>of</strong> less than five years in accordance with local or tribal custom except where non-tribals<br />

are involved. (Para. *12 & Sec. D & F. <strong>of</strong> App. A <strong>of</strong> Assam. Sub-Committee Report).<br />

Where there are different tribes in a district and they wish to manage their own affairs regional<br />

councils may be set up. Regional councils have powers limited to their customary law and the<br />

management <strong>of</strong> lands-villages and courts. Regional councils may delegate their powers to district<br />

councils *[Para. *18 & Sec. B (3) <strong>of</strong> App. A <strong>of</strong> Assam Sub-Committee Report]*.<br />

The district and regional councils (Assam Hill Districts) will have powers to levy land revenue, house<br />

tax or poll tax and other taxes levied by local self-governing institutions in the plains *[Para. *14 (a) &<br />

Sec H <strong>of</strong> App. A <strong>of</strong> Assam Sub-Committee Report]*. They should be assisted by provincial grants where<br />

necessary *[Para. *14 (b) <strong>of</strong> Assam Report]*.<br />

The District or Sub-divisional <strong>of</strong>ficer, as the case may be, will be ex-<strong>of</strong>ficio President <strong>of</strong> the district<br />

council <strong>of</strong> the Mikir and North Cachar Hills.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!