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constituent assembly of india debates (proceedings)- volume vii

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10. The district council shall be an elected body with not less than 20 or more than 40 members <strong>of</strong><br />

whom not less than three-fourths shall be elected by universal adult franchise. Separate constituencies<br />

to be formed for separate tribes, with a population <strong>of</strong> not less than 500. Non-tribal residents <strong>of</strong><br />

autonomous districts, if their population is not below 500, may be formed into a separate constituency<br />

for election to the district council [Para. *27 and Sec. B(1) & (2) <strong>of</strong> App. A <strong>of</strong> Assam Report]*.<br />

11. In matters relating to land (provinces other than Assam), social customs and village<br />

management, if the Tribes Advisory Council advises that any law passed by the provincial legislature<br />

should not be applied to a scheduled area the Provincial Government shall direct accordingly. The<br />

Provincial Government shall have powers to direct that any other legislation shall not apply to the<br />

scheduled areas on the advice <strong>of</strong> the Council *[Para. *9 & 10 and Sec. E <strong>of</strong> App. C <strong>of</strong> Other Than Assam<br />

Sub-Committee Report]*.<br />

In the case <strong>of</strong> Assam legislation on these matters is left to the district council and provincial laws will<br />

not apply unless the district council applies them with or without modifications. Legislation prohibiting<br />

the consumption <strong>of</strong> non-distilled liquors will also not apply unless the district council applies it [Para. *17<br />

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

12. If the Tribes Advisory Council so advises, moneylenders in scheduled areas should not be<br />

permitted to carry on business except under a licence [Para. *26 & Sec. G <strong>of</strong> App. C <strong>of</strong> Other Than<br />

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

In Assam the district council should have powers to take action to license moneylenders and nontribal<br />

traders if the rules are approved by a majority <strong>of</strong> three-fourths <strong>of</strong> their members; this is to prevent<br />

the practice <strong>of</strong> the sepr<strong>of</strong>essions by non-tribals in a manner detrimental to the interests <strong>of</strong> tribals *[Para.<br />

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

13. Allotment <strong>of</strong> waste land in a scheduled area should not be made to non-aboriginals except in<br />

accordance with rules made by the Provincial Government in consultation with the Tribes Advisory<br />

Council *[Para. *25 and Sec. F <strong>of</strong> App. C <strong>of</strong> Other Than Assam Sub-Committee Report]*.<br />

14. Mineral resources in the autonomous districts <strong>of</strong> Assam will be managed by the Provincial<br />

Government but the district councils will be entitled to a share <strong>of</strong> the revenue. Licences or leases shall<br />

not be given out except in consultation with the district council [Para. *16 and Sec. I <strong>of</strong> App. A <strong>of</strong> Assam<br />

Report]*.<br />

15. The Governor <strong>of</strong> Assam should be empowered to set aside any act or resolution <strong>of</strong> a district<br />

council if the safety <strong>of</strong> the country is prejudiced; he should also have powers to dissolve a council if gross<br />

mismanagement is reported by the commission [Para. *19 and Sec. Q & R <strong>of</strong> App. A <strong>of</strong> Assam Sub-<br />

Committee Report]*.<br />

In provinces other than Assam the Governor should have the special responsibility to see that<br />

schemes <strong>of</strong> development are drawn up and implemented. This should be enjoyed on him by instructions<br />

[Para. *18 <strong>of</strong> Other Than Assam Report]*.<br />

16. The Central Government should continue to administer the frontier tracts and tribal area with the<br />

Government <strong>of</strong> Assam as its agent until administration has been satisfactorily established over a<br />

sufficiently wide area. Areas over which administration has been satisfactorily established may be taken<br />

over with the approval <strong>of</strong> the Federal Government [Section *P <strong>of</strong> App. A and Para. 20 (a) <strong>of</strong> Assam Sub-<br />

Committee Report]*.

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