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Constituent Assembly Of India - Volume VII
Dated: November 04, 1948
J. (1) There shall be established as soon as may be after the commencement of this Constitution in the Provinces of Madras, Bombay, West Bengal, Bihar, C. P. and Berar and Orissa, a Tribes Advisory Council to perform such functions as may be prescribed in this Constitution and to advise the Provincial Government from time to time on all matters pertaining to the administration and welfare of the tribes and of the Scheduled Areas.
(2) The Tribes Advisory Council shall consist of not less than ten and not more than twenty-five members of whom three-fourths shall be elected representatives of the tribes in the Provincial Legislature (Lower House).
(3) The Provincial Government may make rules prescribing or regulating as the case may be:-
K. (1) The Federal Government may, at any time, and shall after the expiry of ten years from the commencement of this Constitution, institute a Commission to report on the administration of the tribes and the Scheduled Areas in general.
(2) The Federal Government may at any time require the Provincial Government to draw up and execute such schemes as it considers essential for the welfare of the tribes.
L. In the Provinces of Bihar, the Central Provinces and Berar and Orissa there shall be a separate Minister for Tribal Welfare:
Provided that the Minister may hold charge simultaneously of welfare work pertaining to Scheduled Castes or other backward classes or any other work.
M. Notwithstanding anything in the Criminal Procedure Code 1898, or the Civil Procedure Code (Act V of 1908), the Provincial Government may make special regulations for a Scheduled Area for the trial of offences other than those punishable with imprisonment for five years or more or with death or transportation for life and of disputes other than those arising out of special laws respectively and may empower headmen or panchayats to try such cases.
PART I - MADRAS
2. Bottadas - Bodo Bhottada, Muria Bhottada and Sano Bhottada.
3. Bhumias - Bhuri Bhumia and Bodo Bhumia.
4. Bissoy - Bharangi Jodia, Bennangi Daduva, Frangi, Hollar, Jhoria, Kollai, Konde, Paranga, Penga Jodia, Sodo Jodia and Takora.
6. Domb - Andhiya Dembs, Audiniya Dombs, Chonel Dombs, Christian Dombs, Mingani Dombs, Oriya Dombs, Ponaka Dombs, Telag and Ummia.
7. Gadabas - Boda Gadaba, Cerlam Gadaba, Fanji Gadaba, Jodia Gadaba, Olaro Gadaba, Pangi Gadaba and Paranga Gadaba.
8. Ghasis - Boda Ghasis and San Ghasis.
9. Gondi - Modya Gond and Rajo Gond.
10. Goundus - Bato, Bhirithya, Dudhokouria, Hato, Jatako and Joria.
11. Kosalya Goudus - Bosothoriya Goudus, Chitti Goudus, Dangayath Goudus, Doddu Kamariya, Dudu Kamaro, Ladiya Goudus and Pullosoriay Goudus.
12. Magatha Goudus - Bernia Goudu, Boodo Magatha, Dongayath Goudu Ladya Goudu, Ponna Magatha and Sana Magatha.
13. Serithi Goudus.
18. Khattis - Khatti, Kammaro and Lohara.
21. Konda Dhoras.
22. Konda Kapus.
24. Kondhs - Desaya Kondhs, Dongria Kondhs, Kuttiya Kondhs, Tikiria Kondhs and Yenity Kondhs.
25. Kotia - Bartikar, Bentho Oriya, Dhulia or Dulia, Holva Paiko, Putiay, Sanrona and Sidho Paiko.
26. Koya or Gound with its sub-sects, Raja of Rasha Koyas, Lingadhari Koyas, Koyas (ordinary) and Kottu Koyas.
28. Malas or Agency Malas or Valmikies.
29. Malis - Worchia Malis, Paiko Malis and Pedda Malis.
31. Manna Dhora.
32. Mukha Dhora - Nooka Dhora.
33. Muli or Muliya.
35. Ojulus or Metta Komsalies.
41. Porjas - Bodo. Bonda, Daruva, Didua, Jodia, Mundili, Pengu Pydi and Saliya.
42. Reddi or Dhoras.
43. Relli or Sachandi.
45. Savaras - Kapu Savaras, Khutto Savaras and Maliya Savaras.
46. The inhabitants of the Laccadive, Minicoy and Amindivi Islands.
PART II - BOMBAY
1. Barda. 9. Gond. 16.Patelia.
2. Bavacha. 10. Kathodi or katkari. 17. Pomla.
3. Bhil.11. Konkna. 18. Powara.
4. Chodhra. 12. Koli Mahadeb. 19.Rathawa.
5. Dhanka. 13. Mavchi. 20. Tadvi Bhill.
6. Dhodia.14. Naikda or Nayak. 21. Thakur.
7. Dublia. 15. Pardhi, including22. Valvai.
8. Gamit or Gamta. Advichincher or 23. Varli.
Phanse Pardhi. 24. Vasava.
PART III - BIHAR
(a) A resident of the province belonging to any of the following tribes: -
1. Asur. 12. Gond. 23. Kora.
2. Bajra. 13. Gorait. 24. Korwa.
3. Bathudi. 14. Ho. 25. Mahli.
4. Bentkar. 15. Juang. 26. Mal Paharia.
5. Binjhia. 16. Karmali.27. Munda.
6. Birhor. 17. Kharia. 28. Oraon.
7. Birjia. 18. kharwar. 29.Parhiya.
8. Chero. 19. Khetauri. 30. Santal.
9. Chik Baraik.20. Khond.31. Sauria Paharia.
10. Gadaba. 21. Kisan 32. Savar.
11. Ghatwar. 22. Koli. 33. Tharu.
(b) a resident in any of the following districts or police stations, that is to say, the districts of Ranchi, Singhbhum, Hazaribagh and the Santal Parganas, and the police stations of Arsha, Balarampur, Jhalda, Jaipur, Baghmundi, Chandil, Ichagarh, Barahabhum, Patamda Banduan and Manbazar in the district of Manbhum, belonging to any of the following tribes:-
1. Bauri. 4. Bhumij. 7. Rajwar.
2. Bhagta. 5. Ghasi. 8. Turi.
3. Bhuiya. 6. Pan.
(c) a resident in the Dhanbad Sub-Division or any of the following police stations in the Manbhum District, that is to say, Purulia, Hura, Pancha, Raghunathpur, Santuri, Nituria, Para, Chas, Chandan-Kiari and Khasipur belonging to the Bhumij tribe.
PART IV - CENTRAL PROVINCES
1. Gond. 13. Baiga.25. Kol.
2. Kawar. 14. Kolan. 26.Nagasia.
3. Maria. 15. Bhil. 27. Sawara.
4. Muria. 16. Bhuinhar. 28. Korwa.
5. Halba. 17. Dhanwar. 29.Majhwar.
6. Pardhan. 18. Bhaina. 30. Kharia.
7. Oraon. 19. Parja. 31. Saunta.
8. Bimjhwar. 20. Kamar. 32. Kondh.
9. Andh. 21. Bhunjia. 33. Nihal.
10. Bharia-Bhumia. 22. Nagarchi. 34. Birhaul( or Birhor.)
11. Koti. 23. Ojha.35. Rautia.
12. Bhattra. 24. Korku. 36. Pando.
PART V - ORISSA
(a) A resident of the province belonging to any of the following tribes: -
1. Bagata. 8. Konda-Dora. 15. Munda.
2. Banjari. 9. Koya.16.Banjara.
3. Chenchu.10. Paroja. 17.Binjhia.
4. Gadaba. 11. Saora (Savar). 18. Kisan.
5. Gond. 12. Oraon. 19. Koli.
6. Jatapu. 13. Santal.20. Kora
7. Khand (Kond). 14. Kharia.
(b) a resident of any of the following areas, that is to say, the Koraput and Khondmals Districts and the Ganjam Agency belonging to either of the following tribes:-
1. Dom or Dombo. 2. Pan or Pano.
(c) a resident of the Sambalpur District belonging to any of the following tribes: -
1. Bauri. 3. Bhumij. 5. Turi.
2. Bhuiya. 4. Ghasi.6. Pan or Pano.
PART VI - BENGAL
1. Botia. 7. Mro.
2. Chakma. 8. Oraon.
3. Kuki. 9. Santal.
4. Lepcha. 10. Tippera.
5. Munda. 11. Any other tribe notified by the Provincial Govt.
PART VII - UNITED PROVINCES
1. Bhuinya. 6. Kol.
2. Baiswar. 7. Ojha.
3. Baiga. 8. Any other tribe notified by the Provincial Govt.
The Laccadive Islands (including Minicoy) and the Amindivi Islands.
The East Godavari Agency and so much of the Vizagapatam Agency as is not transferred to Orissa under the provisions of the Government of India (Constitution of Orissa) Order,1936.
The Chittagong Hill Tracts.
In the West Khandesh District: - The Navapur Petha, the Akrani Mahal and the villages belonging to the following Mehwassi Chiefs: (1) the Parvi of kathi, (2) the Parvi of Nal, (3) the Parvi of Singpur, (4) the Walwi of Gaohali, (5)the Wassawa of Chikhli and (6) the Parvi of Navalpur.
The Ranchi and Singh hum districts and the Latehar Sub-division of the Palamau district of the Chota Nagpur Division.
The Santal Paraganas District, excluding the Godda and Deogarh sub-divisions.
THE CENTRAL PROVINCES AND BERAR
In the Chanda District, the Ahiri Zamindari in the Sironcha Tahsil and the Dhanora, Dudmala, Gewardha, Jharapapra, Khutgaon, Kotgal, Muramgaon, Palasgarh, Rangi, Sirsundi, Sonsari, Chandala, Gilgaon, Pai-Muranda and Potegaon Zamindaris in the Garchiroli Tahsil.
The Harrai, Gorakghat, Gorpani, Batkagarh, Bardagarh, Partabgarh (Pagara), Almod and Sonpur Jagirs of the Chhindwara District, and the portion of the Pachmarhi jagirin the Chhindwara District.
The Mandla District.
The Pendra, Kendra, Matin, Lapha, Uprora, Chhuri andKorba Zamindaris of the Bilaspur District.
The Aundhi, Koracha, Panabaras and Ambagarh Chauki Zamindaris of the Drug District.
The Ganjam Agency Tracts including Khondmals.
The Koraput District.
MINUTE OF DISSENT
I regret I must submit a minute of dissent in regard to the "Scheduled areas" for the Chhota Nagpur Plateau. I cannot agree to the elimination of the Districts of Manbhum, Hazaribagh and Palamau which, even according to the unreliable 1941 Census, contain 678, 126, 478, 253 and 323,106 Adibasis respectively, that is, a total of 1,479,485 Adibasis for the three Districts. I cannot see how I can agree to the demolition of the economic, geographical and ethnic unity and entity of the Chhota Nagpur Division. It is not right that we should give an ex parte verdict and change the status quo of these three Districts.
The 19th August 1947.
INTERIM REPORT OF THE EXCLUDED AND PARTIALLY EXCLUDED AREAS (OTHER THAN ASSAM) SUB-COMMITTEE
Summary of Recommendations
1. Tribes who live in the non-excluded areas are part of the problem and the tribes as a whole should be treated as a minority. Tribals should have reserved seats in a joint electorate based on adult franchise in proportion to their population. One representative each is recommended for the Laccadive, Amindivi and Minicoy islands respectively in the Madras Legislature and one for the Lahaul and Spiti Waziris in the East Punjab Legislature [Para. *9 and Sections A and B (1) of Appendix C]
2. It will be necessary to provide for the exclusion of unsuitable legislation in such matters as land, village management and social customs in certain areas inhabited predominantly or to an appreciable extent by tribals. These areas will be known as Scheduled Areas (Para. *10).
3. Legislation in such matters as land and social customs should not be applied to Scheduled Areas if the Tribes Advisory Council advises to the contrary ( Paras.*11and 12 and Section E of Appendix C).
4. Simplified procedure should be continued for the disposal of petty criminal and civil cases (Para. *13 and Section M).
5. Seats should be reserved in the Federal Legislature on the basis of the tribal population of the province. A Tribal Advisory Council should be set up with a minimum often and a maximum of 25 members in Madras, Bombay, Bengal, Bihar, C. P. and Orissa (Para. *15 and Section J of Appendix C).
6. There should be provision for the Federal Government to institute a special commission to enquire into the progress of plans of development and also into the conditions of the Scheduled Areas and tribals in general [Para. *16 and Section K (1) of Appendix C].
7. It will be necessary for the Central Government to come to the assistance of Provincial Governments for the execution of schemes of development by providing the necessary funds. The Central Government should also be in a position to require the Provincial Governments to draw up schemes for the Scheduled Areas (Para. *17 and Sections I and K (2) of Appendix C).
8. The revenues derived from and the expenses incurred on the Schedule Areas from the provincial budget should be shown separately in the annual financial statement of the province (Para. *18 and Section H of Appendix C).
9. It should be the Governor's responsibility to see that schemes of development are drawn up and implemented. (Para. *19).
10. There should be a separate Minister for Tribal Welfare in C. P. Orissa and Bihar, and provision for this should be contained in the statute. (Para. *20 and Section L of Appendix C).
11. There should be a due proportion of aboriginals recruited into the various Government Services. A separate service is not recommended but non-tribal officials posted to the Scheduled Areas should be selected with care. (Para.*21).
12. Tribal panchayats should be encouraged wherever possible (Para. *22).
13. Shifting cultivation should be discouraged (Para.*23).
14. Temperance propaganda should be carried on as part of tribal welfare work (Para *24).
15. The alienation of land belonging to tribals to non-tribals should be prohibited. Allotment of new land in Scheduled Areas should not be made to non-aboriginals exceptin exceptional cases (Para. *25 and Section F of Appendix C).
16. There should be provision for control of money-lenders by a system of licensing (Para. *26 and Section G of appendix C).
Sambalpur, Angul and Darjeeling and certain areas in Bombay need not be treated as Scheduled Areas. In Bihar the three districts of Ranchi, Singhb hum, and Santal Parganas only where the tribes are in a majority are included in the Schedule provisionally. The U. P. and Punjab areas are not included (Para. *27 and Schedule B of Appendix C).
ADVISORY COMMITTEE ON MINORITIES, etc.
This is our final report written after our visit to Bihar and the United Provinces. It relates to the partially excluded areas of these provinces and the excluded areas of the Punjab in respect of all of which the recommendations contained in our interim report were provisional. Certain general recommendations have also been added.
2. With reference to Bihar we confirm the constitutional proposals already made by us in to to.
We consider it necessary in addition to refer to certain matters connected with the administration of this, the largest compact block of territory comprising any excluded area in India, which came to our notice during our tour. To begin with, the Christian section of the tribals, though small in number (see statement appended), is educationally and economically far in advance of the non-Christian tribals. The demand for education among the non-Christians is said to be negligible and this presumably is the result of their economic backwardness which makes it necessary that children should assist their parents in earning their livelihood. There are however allegations that the Christian teachers and educational officials encourage only Christian children, and as a good number of the schools are run by Christian Missions, the non-Christians lack facilities for education. The Christians again appear to be much better organised and vocal and they are found to take prominent part in local and political organisations. The other striking feature of this area is the feeling common among educated tribals and shared by non-tribals inconsiderable measure that Chhota Nagpur has little share in the administration commensurate with its area, population and industrial importance and is being neglected by the Government which is made up of elements interested mostly in the rest of Bihar. Certain non-aboriginal witnesses have expressed their views of the neglect of Chota Nagpur in noun certain terms and suggested that the ameliorative measures claimed by the Government are purely defensive action prompted by the separation movement. Even when the Government is supposed to be resident at Ranchi, it is given as concrete proof of their lack of interest that they are mostly absent on tour in areas other than Chhota Nagpur in which they are interested. Dr. Sinha has also stated that the present Government has yet to do something "to capture the imagination of the people" and that under the present practice "the Honourable Ministers stay for a very short period at Ranchi - at their own will and convenience - and do not usually visit so much the aboriginal areas as they do those of the other three divisions of Bihar". We have referred to these statements not because we are in agreement with them or with a view to adjudicating on them but purely as indicative of the local atmosphere. Dr. Sinha has referred to the absence of the aboriginal element in the Ministry and has recommended reconstitution.
The extreme expression of the discontent prevalent in Chhota Nagpur is the separatist movement which demands the formation of a new province of Jharkhand out of the partially excluded area. This movement is sponsored at present by the Adibasi Mahasabha containing a very large advanced or Christian element but in Singhbhum and in the Santal Parganas also, a good proportion of non-Christians seem to have been affected by it. To borrow Dr. Sinha's words it is "capturing the imagination" of the tribals. Unmistakably also the movement is gaining sympathy among the non-aboriginals; and even if it be party due to mere local ambition, the virtual exclusion of tribal elements from the Cabinet has undoubtedly contributed much to it. We have already held in our interim report that the question of the formation of a separate province is not for us to tackle but we would invite the attention of the Provincial and Central Government to the separation movement, which seems to be gaining strength, as a symptom of the discontent which is simmering in varying intensity among all sections of the Chota Nagpur population. At the same time we have noticed that the Cabinet of the Bihar Government and such an eminent public man as Dr. S. Sinha oppose the separation movement on the grounds very well shown in the brochure of Dr. Sinha. We have also received a number of telegrams from these areas saying that they thoroughly disapprove of the separatist movement.
We are inclined to the view which seems to be shared by Dr. Sinha also, that there should be adequate association of the people of the partially excluded areas, particularly the tribals, in the different branches of the administration including the Cabinet and that there can be neither satisfaction nor adequate progress until this is done. In short, the problem of administration in this tract must be dealt with not only by economic and educational improvements but also by remedies which recognise its political and psychological aspects; and we would lay the maximum emphasis on the urgency of action in both these directions.
3. As regards the partially excluded areas of the United Provinces viz., the Jaunsar-Bawar Pargana in the Dehra Dun District and the area comprising the Dudhi Tahsil and part of the Robertsganj Tahsil of the Mirzapur District, we find that both of these comparatively small areas are suffering from serious neglect. Although a committee was set up as early as 1939 to enquire into the administration of the Jaunsar-Bawar Pargana and a report was submitted by it in1941, it is a matter for regret that no action has yet been possible although the report was ultimately made only by the official members of the Committee. We understand that another committee has been appointed recently this year to go into the matter by the Provincial Government and hope that speedy action will be taken on its report. The main matters which require attention in this area are as follows: -
In the partially excluded area of the Mirzapur District which is inhabited by a majority of tribals we find that the administration is of a pretty primitive character. The figures given in the U. P. Government's factual memorandum for the Dudhi Government Estate which are shown below indicate that the revenue from it is not utilised to the extent of even two-fifths of the administration of the area: -
We would draw particular attention to the statement of witnesses that a very large percentage of the population of this area is suffering from venereal disease. In the Dudhi Estate the U. P. Government have themselves noted that there is a passage of land from the hands of the aboriginals to the non-aboriginals. It would appear that the rules of the Dudhi Estate are ineffective in preventing this since land can be surrendered to the Supurdar who re-allots the same to another person, most probably a non-aboriginal. Such a transfer unfortunately does not require the approval of the S. D. O. or the Collector. It does not appear that suitable steps have been taken to put a stop to this. Among other complaints are the working of this monopoly under which only about one-seventh, or if we allow for overhead and working charges, not more than one-fourth, of the price realised by the company for the sale of the lac is obtained by the aboriginal cultivator tends to keep the aboriginal in a miserable condition. It does not appear to us that the Government have any comprehensive or fully considered programme for this area as yet.
The population of this tract is very small (1/3 percent.) in comparison with the total population of the United Provinces. We would not on that account recommend for its future administration the proposals which we have recommended for some of the backward tracts of other provinces, but we are equally definite that special provisions for its development are essential, as without them it is certain that due attention will not be paid to its needs. Similarly although the inhabitants of the Jaunsar-Bawar Area, as pointed out in our interim report, are not tribals by race and we do not recommend inclusion in the schedule of our Interim Report special provisions are necessary for this area also. We recommend therefore constitutional provisions for both of these tracts as follows: -
4. The disturbed conditions in the East Punjab have prevented the appearance of witnesses from Spiti and Lahoul before us and it is equally not possible for us to visit the area. It is unlikely that settled conditions will prevail in the Punjab before the passes are blocked and we do not propose therefore to postpone our recommendations which will now be based on the factual memorandum sent by the Provincial Government.
We consider that constitutional provisions should be made as follows: -
5. A Central Department. - After surveying the position in all the provinces, we have been forced to the conclusion that unless there is a separate department of the Federal Government prescribed by Statute to supervise and which the development of the scheduled areas and the tribals in the different provinces and to furnish such advice and guidance as may be needed, the pace of progress of the tribes will not be sufficiently swift. The Central Government have already recognised the need for a Directorate of anthropological Survey and we recommend that provision for a Central Department of Tribal Welfare should be made in the Constitution.
6. Recruitment to Armed Forces. - We are also of the view that special attention should be paid to the recruitment of the tribes to the armed forces of India. The tribes people can in our opinion furnish valuable material for this purpose as experience in the last war goes to show.
7. Village and Tribal Headmen. - During the course of our enquiry many complaints of oppression and mishandling of the tribes people by the hereditary chiefs or heads of villages like the Mustadars Bissois and Paros and Muthadars of South Orissa, the Parganaits and Pradhans of the Santal Parganas and the Mankis and Mundas of Singh hum have reached us. We are of the view that a general review of the powers and functions of such village or tribal heads should be undertaken by Provincial Governments with a view to removing the grievances of the tribal villagers, the abolition of powers which are exercised in an oppressive manner and the general reform of these ancient systems.
8. Non-official welfare organisations. - We recommend that the Provincial Governments should utilise the services of approved non-official organisations which are at present doing welfare work in the provinces for the tribals or which may hereafter come into existence by giving them grants-in-aid with a view to supplementing the volume of development work.
9. Officials to learn tribal languages. - We have found that officials posted to aboriginal areas rarely know the local language. This obviously does not conduce to satisfactory administration and we are of the view that it should be made compulsory for officials posted to the aboriginal areas to obtain a working knowledge of the language within a reasonable period. Proficiency in these languages or dialects should be encouraged by the grant of suitable awards.
A. V. THAKKAR,
Excluded & Partially Excluded Areas.
(other than Assam) Sub-Committee.
The percentage of Tribal population on to the total population in 6 Districts of Bihar and of the Christian population to that of the Tribal population.
MINUTE OF DISSENT
I submitted a dissenting minute against the provisional report which had included recommendations for those tribal areas also which had then not been visited. After the visit of the Sub-Committee to these areas, I am more than confirmed in my opinion that all the six districts of the Chhota Nagpur Plateau, namely, Manbhum, Singhbhum, Palamau, Hazaribagh, Ranchi and the Santhal Parganas, should remain "Scheduled Areas". All the witnesses were emphatic that the Chhota Nagpur Division as a whole should be scheduled and no district or territory should be excluded from the scheduled status. Even Dr. Sachchidananda Sinha, whose Memorandum has received such attention from the other members of the Sub-Committee, has admitted that for administrative reasons all the six districts should be scheduled. I have other reasons also for the same insistence but the most vital one is the necessity of protecting 1,479,485 Adibasis of the districts of Manbhum, Hazaribagh and Palamau with the veto of the Tribes Advisory Council. This 1941 Census figure is large enough to justify the claim that 15 lakhs of Adibasis should not be exposed to the dangers of General Administration.
Partially Excluded Areas in Mirzapur District. - The tribal tract in Mirzapur district should be transferred to the Scheduled Area of the Chhota Nagpur Plateau. Administratively as well as geographically, the Bihar Government would be in a better position to manage this far-off corner of the United Provinces.
Chittagong Hill Tracts. - The Indian Government must claim back the Chittagong Hill Tracts. The Radcliffe Award must be altered in regard to them
Sept. 25th, 1947.
Note by Chairman on Minute of Dissent by Shri Jaipal Singh
I do not think that any witnesses whom the Committee examined were explained our proposal that was under contemplation by the Committee about "Scheduling" of certain areas in some provinces. "Scheduling" has a certain special meaning which was not explained to nor known by witnesses at all, not even to Dr. Sachchidananda Sinha. Therefore they could not distinguish between "Schedule and non-schedule" areas in which Tribes reside. Therefore the statement that, all the witnesses were emphatic that the Chhota Nagpur Division as a whole should be scheduled and that no District or territory should be excluded from the "Scheduled States" is incorrect, at any rate, very highly exaggerated.
The Tribal people in Manbhum District form only 33.3per cent. of the total population. In Hazaribagh 27.8 is the similar percentage. The Latehar Sub-Division of the Palamau District has been recommended by the Sub-Committee as" Schedule". But in the Sadar Sub-Division the percentage sonly 26.0. Moreover there are very small compact areas in the two districts mentioned above and in the Sadar Sub-Division of Palamau District which have a Tribal population of more than 40 per cent of the total population, the tribal people have assimilated themselves with the rest of the population so as to be indistinguishable in those areas. It is not therefore necessary to "schedule" the districts of Manbhum and Hazaribagh and the Sadar Sub-Division of Palamau District for the small percentage of the Tribal people who are dispersed among the rest of the population, and thus to brand these 2 1/2 districts as backward.
As has already been shown in the body of the report the area of Dudhi Tahsil and parts of Robertsganj are too small to be made a Scheduled Area. It is a very fantastic proposal to detach this area from the United Provinces and to tag it on to Bihar Province. It requires no argument to say that this proposal can form no part of this Committee's proposal.
Chittagong Hill Tracts is a purely 97 per cent Buddhistic or non-Muslim area and this Committee would have been too glad, had it formed a part of West Bengal but as the Boundary Commission gave its decision to the contrary and it was accepted by both the Dominions of India and Pakistan. The Committee has been very sorry to know this decision but the award of the Boundary Commission is unalterable.
A. V. THAKKAR,
Delhi, 25th Sept. 1947.
MINUTE OF DISSENT
The Sub-Committee submitted a provisional report prior to visiting Bihar. While submitting that report I raised a question to the effect that all districts of Chhota Nagpur Division and Santhal Pargana should be included as Scheduled Areas. During Bihar tour evidence adduced before the Sub-Committee strongly confirmed my contention that the aforesaid areas deserve to be included as Scheduled Areas. The evidence including that of Dr. Sachchidananda Sinha strongly support this contention. Inclusion of the aforesaid tracts as scheduled Areas is strongly warranted.
D. N. SAMANTA
The 13th October,1947.
In accordance with the ruling of the Chairman, Advisory Committee, we have held a joint meeting of our two sub-committee. Separate reports have already been submitted by us which in the case of the Assam Sub-Committee contains final recommendations, and in the case of the other Sub-Committee is final for the Provinces of Madras, Bombay, Bengal, the Central Provinces and Orissa, and is provisional for Bihar, the United Provinces and the Punjab which have yet to be visited or in respect of which witnesses are yet to be examined. The report of the latter Sub-Committee contains however the framework of the proposals likely to be adopted finally. Although that report is not final for all Provinces, this joint report is being submitted so that the recommendations could be taken into consideration by the Advisory Committee, if this is necessary, before the final report is available towards the end of September. We would further point out that the position of the excluded and partially excluded areas has undergone a change with the coming into operation of the Indian Independence Act and the adapted Constitution of 1935. Under the Indian Independence Act so much of the provisions of the Government of India Act, 1935 as requires a Governor to act in his discretion or exercise his individual judgment ceases to have effect from the 15th of August. The partially excluded areas are represented in the legislatures, however inadequately, but in the case of the excluded areas the change implies that they are brought under the jurisdiction of the Ministry without representation in the legislature. Taking into account the past history of these tracts, the needs and susceptibilities, of the people and other factors, it appears desirable that the Provincial Governments should at least be aware of our recommendations as soon as possible so that their policy may be guided thereby even if other steps are not found necessary in the Constituent Assembly for their implementation at an early date. We recommend that Provincial Governments should be advised to take such action as the establishment of District Councils and Tribal Advisory Councils as may be possible immediately to give effect to the policy recommended by us and to make such statutory regulations for this purpose as may be necessary.
2. Coming to the actual recommendations made by the two Sub-Committees, we are of the view that although certain features are common to all these areas, yet the circumstances of the Assam Hill Districts are so different that radically different proposals have to be made for the areas of this Province. The distinguishing feature of the Assam Hills and Frontier Tracts is the fact that they are divided into fairly large districts inhabited by single tribes or fairly homogenous groups of tribes with highly democratic and mutually exclusive tribal organisation and with very little of the plains leaven which is so common a feature of the corresponding areas, particularly the partially excluded areas of other Provinces. The Assam Hill Districts contain as a rule, upwards of 90 per cent of tribal population whereas, unless we isolate small areas, this is generally not the case in the other Provinces. The tribal population in the other Provinces has moreover assimilated to a considerable extent the life and ways of the plains people and tribal organisations have in many places completely disintegrated. Another feature is that some of the areas in Assam like the Khasi Hills or the Lushai Hills, show greater potentialities for quick progress than tribes in the other Provinces. They may also be distinguished by their greater eagerness for reform in which they have a dominant share than the apathy shown by the tribals of some other Provinces. Having been excluded totally from ministerial jurisdiction and secluded also from the rest of the Province by the Inner Line system, a parallel to which is not to be found in any other part of India, the excluded areas have been mostly anthropological specimens; and these circumstances together with the policy of officials who have hitherto been in charge of the tracts have produced an atmosphere which is not to be found elsewhere. It is in these conditions that proposals have been made for the establishment of special local councils which in their separate hill domains will carry on the administration of tribal law and control the utilisation of the village land and forest. As regards the features common to tribal area sin other Provinces, the Assam hill man is as much in need of protection for his land as his brother in other Provinces. He shares the backwardness of his tract and in some parts the degree of illiteracy and lack of facilities for education, medical aid and communications. Provision is necessary for the development of the hill tracts in all these matters and we have found it necessary to recommend constitutional safeguards of various kinds.
3. The differences between Assam and other areas as well as certain common features have been indicated above. While in Assam the Hill Districts present features of their own and the Assam Sub-Committee have confined their recommendations on the whole to these tracts, it has not been possible for the other Sub-Committee to deal with the problems of the tribes in exactly the same manner. The special features of the hills have been mentioned and they distinguish almost to the same degree the tribesmen in the hill and the tribesmen in the plains of Assam as they do the regular plains inhabitants. The total population censussed as tribal in the plains of Assam is about 1:5 million out of which possibly some 50 per cent. consists of tea-garden labour, drawn in part from other provinces. This portion of the plains tribals is of course a population which has assimilated in high degree the life of the plains. The stable population of plains tribals is more or less in the same position. As regards other Provinces, the degree of assimilation is on the whole greater whether the tribesman is found in the hills or in the more accessible parts although some of the small tribes in the Agency Tracts of Orissa and Madras have hardly come into contact with the plains. In any case their outlook is totally different. From the very manner in which partially excluded areas have been formed it has not been possible to include large numbers of tribals who are scattered about in the Provinces irrespective of whether their condition was advanced or otherwise. It has been necessary therefore to treat all persons of tribal origin as a single minority and not separately as in the case of Assam. In this method of treatment therefore the recommendations for other Provinces differ radically from the proposals for Assam. The excluded and partially excluded areas however contain considerable concentrations of tribes people and generally they are in hilly and comparatively inaccessible areas with no communications and facilities for the development of the population. Land for them also is a vital factor and protection of the tribals land is an essential need. The financial requirements of the Scheduled Areas are considerable, and the Centre will have to come to the assistance of certain Provinces at any rate. Thus the essential features of the proposals for the tribals of Provinces other than Assam are proportionate representation for the tribals as a whole in the Legislature, the scheduling of certain areas as in need of special attention and in which the protection of land and the social organisation of the tribals is an indispensable need. To facilitate the proper administration of the tribes, a Tribes Advisory Council with statutory functions is recommended for the Provinces of Madras, Bombay, the Central Provinces, Bihar, West Bengal and Orissa, and the application of provincial legislation to the Scheduled Areas is linked up with this Advisory Council.
4. The common proposals for Assam and other Provinces is that of provision of funds by the Centre and a separate financial statement in the budget for the Hill Districts (Assam) and the Scheduled Areas (other Provinces). The inclusion of provisions for the control of moneylenders is another common feature.
5. We have attached copies of the Appendices**** to the separate reports which indicate the legal provisions necessary and a summary! of the recommendations of both the Sub-Committees.
6. We recommended that the plains tribals of Assam!! should be recognised as a minority and should be entitled to all the privileges of a minority including representation in the legislatures in proportion to population and in the services; and that their land should be protected.
7. Subject therefore to the special provisions for the representation of the Hill Districts of Assam, all tribals should be recognised as a minority for the purposes of representation in the legislatures and in the services.
G. N. BARDOLOI, Chairman,A. V. THAKKAR, Chairman,
N. E. F. (Assam) Excluded & Partially
Tribal & Excluded Areas Excluded Areas (Other
Sub-Committee. than Assam)
Dated New Delhi, the 25th August 1947.
Appendix A to Part I of North-East Frontier (Assam) Tribal and Excluded
Areas Sub-Committee Report
(3) Subject to the provisions of Section P the Government of Assam may from time to time notify any area not included in the said schedule as an autonomous district or as included in an autonomous district and the provisions of this Part shall thereupon apply to such area as if it was included in the said schedule.
(4) Except in pursuance of a resolution passed by the District Council of an autonomous district in this behalf the Government of Assam shall not notify any district specified or deemed to be specified in the schedule or part of such district, as ceasing to be an autonomous district or a part thereof.
B. (1) There shall be a District Council for each of the areas specified in schedule A. The Council shall have not less than twenty nor more than forty members, of whom not less than three-fourths shall be elected by universal adult franchise.
Note. - If adult franchise is not universally adopted this provision will have to be altered.
(2) The constituencies for the elections to the District Council shall be so constituted if practicable that the different tribals or non-tribals, if any, inhabiting the area shall elect a representative from among their own tribe or group:
Provided that no constituency shall be formed with a total population of less than 500.
(3) If there are different tribes inhabiting distinct areas within an autonomous district, there shall be a separate Regional Council for each such area or group of areas that may so desire.
(4) The District Council in an autonomous district with Regional Councils shall have such powers as may be delegated by the Regional Councils in addition to the powers conferred by this constitution.
(5) The District or the Regional Council may frame rules regarding (a) the conduct of future elections, the composition of the Council, the office bearers who may be appointed, the manner of their election and other incidental matters, (b) the conduct of business, (c) the appointment of staff, (d) the formation and functioning of subordinate local councils or boards, (e) generally all matters pertaining to the administration of subjects entrusted to it or falling within its powers:
C. (1) The Regional Council, or if there is no Regional Council, the District Council, shall have power to make laws for the area under its jurisdiction regarding
(2) The Regional Council or if there is no Regional Council, the District Council shall also have powers to make laws regulating (a) the appointment or succession of chiefs or headmen; (b) inheritance of property; (c) marriage and all other social customs.
D. (1) Save as provided in Section F the Regional Council, or if there is no Regional Council, the District Council, or a court constituted by it in this behalf shall have all the powers of a final court of appeal in respect of cases or suits between parties, all of whom belong to hill tribes, in its jurisdiction.
(2) The Regional Council, or if there is no Regional Council the District Council may set up village Councils or Courts for the hearing and disposal of disputes or cases other than cases triable under the provisions of Section F, or cases arising out of laws passed by it in the exercise of its powers, and may also appoint such officials as may be necessary for the administration of its laws.
E. The District Council of an autonomous district shall have the powers to establish or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads and waterways and in particular may prescribe the language and manner in which primary education shall be imparted.
F. (1) For the trial of acts which constitute offences punishable with imprisonment for five years or more or with death, or transportation for life under the Indian Penal Code or other law applicable to the district or of suits arising out of special laws or in which one or more of the parties are non-tribals, the Government of Assam may confer such powers under the Criminal Procedure Code or Civil Procedure Code as the case may be on the Regional Council the District Council or Courts constituted by them or an officer appointed by the Government of Assam as it deems appropriate and such courts shall try the offences or suits in accordance with the Code of Criminal Procedure or Civil Procedure as the case may be.
(2) The Government of Assam may withdraw or modify powers conferred on the Regional Council or District Councilor any court or officer under this section.
(3) Save as provided in this section the Criminal Procedure Code and the Civil Procedure Code shall not apply to the autonomous district.
NOTE. - "Special Laws" - Laws of the type of the law of contract, company law or insurance etc. are contemplated.
G. (1) There shall be constituted a District or Regional Fund into which shall be credited all moneys received by the District Council or Regional Council as the case may be in the course of its administration or in the discharge of its responsibilities.
(2) Rules approved by the Comptroller of Assam shall be made for the management of the Fund by the District or Regional Council and management of the Fund shall be subject to these rules.
H. (1) A Regional council, or if there is no Regional Council the District Council shall have the 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:
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 -
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
(2) The report of such a commission with there 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 twelvemonths:
Provided that such action shall not be taken without affording an opportunity to the District or Regional Council to be heard by the provincial legislature and shall not betaken if the provincial legislature is opposed to it.
Governor to carry on administration as under the 1935Act 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.
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 Nag a Hills District.
The North Cachar Sub-division of the Cachar District.
The Mikir Hills portion of Now gong and Sibs agar District excepting the mouzas of Barpathar and Sarupathar.
The Sadiya and Balipara Frontier Tracts.
The Tirap Frontier Tract (excluding the Lakhimpur Frontier Tract).
The Nag a Tribal Area.
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 Officer, as the case may be should be ex-officio President of the local council 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 from the district and the expenditure proposed on it is recommended. The framing of a suitable programme of development should be enjoined either by statute or by Instrument of Instructions. Section *M of Appendix A and Para. 14 (b)].
It is quite clear that the urgent requirements of the hill districts by way of expenditure on development schemes are beyond the resources of the Provincial Government. The development of the hill districts should be as much the concern of the Federal Government as the Provincial Government. Financial assistance should be provided by the Federation to meet the deficit in the ordinary administration on the basis of the average deficit during the past three years and the cost of development schemes should also be borne by the Central Exchequer [Section *N of appendix A and Para. 14 (c)].
The claims of the hill district councils for assistance from general provincial revenues to the extent that they are unable to raise the necessary finances within their own powers is recognised [Para. *16 (d)].
7. If local councils decide by a majority of three-fourths of their members to license moneylenders or traders they should have powers to require moneylenders and professional dealers from outside to take out licences. [Para. *15 and Section J of Appendix A].
8. The management of mineral resources should be centralised in the hands of the Provincial Government but the right of the district councils to a fair share of there venues is recognised. No licence or lease shall be given by the Provincial Government except in consultation with the local Council. If there is no agreement between the Provincial Government and the district council regarding the share of the revenue, the Governor will decide the matter in his discretion [Para. *16 and Section I of Appendix A].
9. Provincial legislation which deals with the subjects in which the hill councils have legislative powers will not apply to the hill districts. Legislation prohibiting the consumption of non-distilled liquors like Zu will also not apply; the district council may however apply the legislation [Para. *17 and Section L of Appendix A].
10. It is necessary to provide for the creation of regional councils for the different tribes inhabiting an autonomous district if they so desire. Regional councils have powers limited to their customary law and the management of lands and villages and courts. Regional councils may delegate their powers to the district councils Para. *18 and Section B (4) of Appendix A].
11. The Governor is empowered to set aside any act or resolution of the council if the safety of the country is prejudiced and to take such action as may be necessary including dissolution of the local councils subject to the approval of the legislature. The Governor is also given powers to dissolve the council if gross mismanagement is reported by a commission [Para. *19 and Section Q and R of appendix A].
12. The Central Government should continue to administer the Frontier Tracts and Tribal Area with the Government of Assam as its agent administration has been satisfactorily established over a sufficiently wide area. Areas over which administration has been satisfactorily established may be taken over by the Provincial Government with the approval of the Federal Government [Section *P of Appendix A and Para. 20 (a)]*.
The pace of extending administration should be greatly accelerated and separate officers appointed for the Lohit Valley, the Siang Valley and the Nag a Tribal Area [Para. *20(a)]*.
The Lakhimpur Frontier Tract should be attached to the regular administration of the district. The case of the portion of the Lakhimpur Frontier Tract recently included in the Tirap Frontier Tract should be examined by the Provincial Government with a view to a decision whether it could immediately be brought under provincial administration. A similar examination of the position in the plains portions of the Sadiya Frontier Tract is recommended. The portion of the Bali par a Frontier Tract around Charduarshould also be subject to a similar examination [Para. *20(b)].
Posa payment should be continued [Para. *20 (c)].
13. The excluded areas other than the Frontier Tracts should be enfranchised immediately and restrictions on the franchise in the Garo and Mikir Hills should be removed and adult franchise introduced [Para. *21 (a) and Section B (1)of Appendix A].
Weight age is not considered necessary but the hill districts should be represented in the provincial legislature in proportion not less than what is due on their population even if this involves a certain weight age in rounding off. The total number of representatives for the hills thus arrived at [See Para. *21 (b)] should not betaken into account in determining the number of representatives to the provincial legislature from the rest of Assam [Para. *21 (b) and Section K or Appendix A].
The total population of the hill districts justifies as eat for the hill tribes in the Federal Legislature on the scale proposed in Section 11 (c) of the Draft Union Constitution [Para. *21 (c)].
Joint electorate is recommended but constituencies are confined to the autonomous districts. Reservation of seats, in view of this restriction, is not necessary [Para. *21 (d) and Section K (3) of Appendix A].
Non-tribals should not be eligible for election from hill constituencies except in the constituency which includes the Municipality and Cantonment of Shillong [Para.*21 (e) and Section K (8) of Appendix A].
14. Representation for the hills in the Ministry should be guaranteed by statutory provision if possible or at least by a suitable instruction in the instrument of Instructions or corresponding provision [Para. *22 - See also Section O(3) of Appendix A].
15. Non-tribal officials should not be barred from serving in the hills but they should be selected with care if posted to the hills. The appointment of a due proportion of hill people in the services should be particularly kept in mind and provided for in rules or executive instructions of the Provincial Government [Para. *23].
16. A commission may be appointed at any time or permanently to enable the Government to watch the progress of development plans or to examine any particular aspects of the administration [Para. *24 and Section O (i) of Appendix A].
17. Plains tribals number 1.6 million. Their case for special representation and safeguards should be considered by the Minorities Sub-Committee. [Para. *25].
18. The question of altering boundaries so as to bring the people of the same tribe under a common administration should be considered by the Provincial Government. The Barpathar and Sarupathar Mouzas included in the Mikir Hills should be included in the regularly administered areas henceforth [Para. *26].
19. Non-tribal residents may be provided with representation in the local councils if they are 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].
SCHEDULE 13 TO GOVERNMENT OF INDIA (PROVINCIAL LEGISLATIVE ASSEMBLIES) ORDER, 1936
PART V - ASSAM
The following Tribes and Communities: -
1. Kachari.9. Deori.
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 the time being designate of by the Governor in his discretion.
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 tribal 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 Nag a Hills, the Lushai Hills 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 lab our 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 tax-collectors make inroads and, in the Nag a tribal area 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 assimllated themselves inconsiderable degree to the life of the people with whom they live and the special provisions concerning legislation in particular are therefore proposed largely for the schedule areas [provinces other than Assam; see page *33 of this volume] and the autonomous districts [(Assam) Para. *13 of Report and Section *A of Appendix A on p. 19 of Report].
3. Although in the case of the autonomous districts of Assam a distinction has been made, the proposals in the main contemplate that tribals should be treated as a minority in the matter of representation in the legislatures and recruitment to the various services of the Central and Provincial Governments. In the case of the tribals of provinces other than Assam reserved representation in the provincial and Federal Legislatures (House of the People) in proportion to the total tribal population of the Province is recommended by joint electorate. In the case of Assam similar reservation of representation for the plains tribals (excluding tea-garden lab our) is recommended. In the case of the hill districts, in view of their small and exclusive populations it is recommended that representation should be provided in proportion to the population out in such a way that all fractions of a lakh are taken as one lakh even though this might involve a small weight age. In the Federal Legislature (House of the People) the autonomous hill districts should have a representative. The plains tribal should have representation in the House of the People also on the basis of their population. In all cases election by adult franchise is recommended and indirect election or nomination should not be resorted to. There should be special representation as follows:-
(Para. *9 of Interim Report of Other Than Assam Sub-Committee and Para. *21 of Assam Sub-Committee Report; see also Para. 6 of Joint Report).
Non-tribals will not be eligible for elections from hill constituencies to the provincial legislature except the constituency which includes the municipality of Shilling [Para. *21 (e) and Sec. K (8) of App. A of Assam Report]. Constituencies may not be so made as to extend outside the boundaries of autonomous districts [Para. *21 (d) and Sec. K(3) or App. A, Assam Report].
4. There should be a department under the Federal Government in order to supervise and watch the development of the tribals in the different provinces and to furnish such advice and guidance as may be needed [Para. *5 of Final Report of Other Than Assam Sub-Committee].
5. The areas inhabited by the tribes are hilly and difficult country, to develop which is likely to be beyond the resources of some Provincial Governments. The Federation should therefore provided the necessary funds for the execution of approved schemes of development [Par a. *17 of Interim Report and Sec. *I & K (2) of App. C of Other Than Assam Sub-Committee, also para. *14 (c) and Sec. N of App. A of Assam Sub-Committee Report]. In the case of Assam, the Federation should also meet the average deficit of the autonomous districts during the three years preceding the commencement of the Constitution [Para. *14 (c) and Sec. *N of App. A of Assam Report].
6. The Central Government should also be in a position to require the Provincial Governments to draw up and execute schemes for the scheduled areas [Para. *17 of Interim Report and Sec. I & K (2) of App. C of Other Than Assam Sub-Committee]*.
7. The Federal Government should institute a special commission after ten years to enquire into the progress of the scheduled areas and the tribes [Para. *16 and Sec. K (1)of App. C of Other Than Assam Sub-Committee Report]*.
8. In provinces other than Assam, excepting the U. P. and the Punjab, a Tribes Advisory Council containing, to the extent of three-fourths of its membership, elected members of the provincial legislatures is recommended. The Council shall have not less than ten or more than twenty-five members [Para. *15 and Sec. J of App. C of Other Than Assam Sub-Committee Report]. For U. P. and the Punjab an advisory committee containing representatives of the tribal or backward class concerned to the extent of two thirds is recommended [ Par as. *3 & 4 of Final Report; see also para.*18 of this Summary for details of U. P. Committees]. For Assam there is provision for the Governor to appoint either a permanent or an ad hoc commission to report or keep the Government in touch with the administration of the autonomous districts [Para. *24 & Sec. O (1) of App. A of ass am Sub-Committee Report]*.
9. The hill districts of Assam are to be designated as autonomous districts and special district councils should beset up for each of them. The district councils will have powers of legislation over (a) occupation or use of land other than land comprising reserved forest, (b) the management of forest other than reserved forest, (c) the use of canals and water courses for the purposes of agriculture, (d) control of jhum cultivation, (e) establishment of village and town committees and (f) village management in general. Reserved forests will be managed by the Provincial Government [ Par as. *9 to 13 of Assam Sub-Committee Report]*.
The district council will have powers of management of all institutions which normally come under the scope of local self-government in the plains and will have full control over primary education [Para. *13 and Sec. E of App. A of Assam Sub-Committee Report].
The district will also have powers to make its own rules and regulations regarding its own constitution [sec.*B(5) of app . A of Assam sub-committee Report].
The district council will have powers to make laws affecting (a) appointment and succession of Chiefs, (b) inheritance of property councils [Para. *18 & Sec. B (3) of app. A of Assam Sub-Committee Report].
District councils and regional councils can set up courts with full powers to deal with all civil suits other than those arising out of special laws and offences punishable under the Penal Code with imprisonment of less than five years in accordance with local or tribal custom except where non-tribals are involved. (Para. *12 & Sec. D &F. of App. A of Assam. Sub-Committee Report).
Where there are different tribes in a district and they wish to manage their own affairs regional councils may beset up. Regional councils have powers limited to their customary law and the management of land-villages and courts. Regional councils may delegate their powers to district councils [Para. *18 & Sec. B (3) of App. A of Assam Sub-Committee Report].
The district and regional councils (Assam Hill Districts) will have powers to levy land revenue, house tax or poll tax and other taxes levied by local self-governing institutions in the plains [Para. *14 (a) & Sec H of App. A of Assam Sub-Committee Report]. They should be assisted by provincial grants where necessary [Para. *14 (b) of Assam Report].
The District or Sub-divisional officer, as the case maybe, will be ex-officio President of the district council of the Mikir and North Cachar Hills.
10. The district council shall be an elected body with not less than 20 or more than 40 members of whom not less than three-fourths shall be elected by universal adult franchise. Separate constituencies to be formed for separate tribes, with a population of not less than 500. Non-tribal residents of autonomous districts, if their population is not below 500, may be formed into a separate constituency for election to the district council [Para. *27 and Sec. B(1) & (2) of App. A of Assam Report].
11. In matters relating to land (provinces other than Assam), social customs and village management, if the Tribes Advisory Council advises that any law passed by the provincial legislature should not be applied to a scheduled area the Provincial Government shall direct accordingly. The Provincial Government shall have powers to direct that any other legislation shall not apply to the scheduled areas on the advice of the Council [Para. *9 & 10 and Sec. E of App. C of Other Than Assam Sub-Committee Report].
In the case of Assam legislation on these matters is left to the district council and provincial laws will not apply unless the district council applies them with or without modifications. Legislation prohibiting the consumption of non-distilled liquors will also not apply unless the district council applies it [Para. *17 & Sec. L of App. A of Assam Sub-Committee Report].
12. If the Tribes Advisory Council so advises, moneylenders in scheduled areas should not be permitted to carry on business except under a licence [Para. *26 & Sec. G of App. C of Other Than Assam Sub-Committee Interim Report].
In Assam the district council should have powers to take action to license moneylenders and non-tribal traders if the rules are approved by a majority of three-fourths of their members; this is to prevent the practice of these professions by non-tribals in a manner detrimental to the interests of tribals [Para. *15 and Sec. J of App. of Assam Sub-Committee Report].
13. Allotment of waste land in a scheduled area should not be made to non-aboriginals except in accordance with rules made by the Provincial Government in consultation with the Tribes Advisory Council [Para. *25 and Sec. F of App. C of Other Than Assam Sub-Committee Report].
14. Mineral resources in the autonomous districts of Assam will be managed by the Provincial Government but the district councils will be entitled to a share of the revenue. Licences or leases shall not be given out except in consultation with the district council [Para. *16 and Sec. I of App. A of Assam Report].
15. The Governor of Assam should be empowered to seta side any act or resolution of a district council if the safety of the country is prejudiced; he should also have powers to dissolve a council if gross mismanagement is reported by the commission [Para. *19 and Sec. Q & R of App. A of Assam Sub-Committee Report]*.
In provinces other than Assam the Governor should have the special responsibility to see that schemes of development are drawn up and implemented. This should be enjoined on him by instructions [Para. *18 of Other Than Assam Report]*.
16. The Central Government should continue to administer the frontier tracts and tribal areas with the Government of Assam as its agent until administration has been satisfactorily established over a sufficiently wide area. Areas over which administration has been satisfactorily established may be taken over with the approval of the Federal Government [Section *P of App. A and Para. 20 (a) of Assam Sub-Committee Report]*.
Provincial Governments (other than Assam) should have powers to make special regulations for the trial of petty criminal and civil cases in scheduled areas, with a view to simplify procedure [Section *M of App A of Other Than Assam Report]*.
17. The estimated revenue and expenditure pertaining to a scheduled area or an autonomous district should be shown separately in the provincial budget [Para. *18 & Section H of App. C of Other Than Assam Sub-Committee Report and Para.*14 (b) and Section M of App. A of Assam Sub-Committee Report]*.
18. There shall be a separate Minister for tribal welfare in the C. P., Orissa and Bihar [Para. *20 & Section L of App. C of Other Than Assam Sub-Committee Report]. In Assam representation for the hill people in the Ministry should be guaranteed by statutory provision of possible or at least by a suitable instruction in the instrument of Instructions [Para. *22; see also Section O (3) of App. A of Assam Sub-Committee Report]*.
19. For the partially excluded areas of the U. P. an advisory committee consisting of tribals or backward people to the extent of two-thirds of its membership, provision to prevent the transfer of land from the aboriginals to non-aboriginals, (except with special permission) for regulations for the trial of petty civil and criminal cases by simple procedure, is recommended. The revenue and expenditure of the area should be shown separately in the provincial budget and there should be a seat reserved in the provincial assembly for a tribal from the partially excluded area of the Mirzapur District. There should also be provision for the Federal Government to call for reports from the Provincial Government regarding the administration of the areas.
Parallel provisions are recommended for Spiti & Lahoul (E. Punjab) which should have one seat in the provincial legislature. ( Par as *3 & 4 of Final Report of Other Than Assam Sub-Committee).
20. Tribal panchayats should be encouraged wherever possible. (Para *22 of Interim Report Other Than Assam Sub-Committee). Shifting cultivation should be discouraged Para. *23 of Interim Report of Other Than Assam Sub-Committee & Para. *11 of Assam Sub-Committee Report]. Temperance propaganda should be carried on as part of tribal welfare work [Para. *24 of Other Than Assam Sub-Committee Report]*.
21. Tribals should be recruited in due proportion to all Government services. Non-tribals posted to tribal areas should be selected with care [Para. *25 of Assam Report and Para. 21 of Other Than Assam Report].
Special attention should be paid to the recruitment of tribes to the Armed Forces of India [Para. *6 of Final Report of Other Than Assam Sub-Committee].
22. The abolition of the powers of Supurdas (Dudhi area of Mirzapur District, U. P.) to accept surrender and make a reallotment of land is recommended. The system of Sayanas in Jaunsar Bawar (U. P.) should be abolished and revenue collected through officials.
23. A general review of the powers and functions of ancient systems of village or tribal headmen should be undertaken with a view to removing the grievances of tribal sand the abolition of oppressive powers and general reform [Para. *7 of Final Report of Other Than Assam Sub-Committee]*.
24. Provincial Governments should utilise the services of approved non-official or ganisations doing welfare work among the tribals, with a view to adding to the volume of development work, by giving them grants-in-aid [Para. *8 of Final Report of Other Than Assam Sub-Committee].
25. It should be made compulsory for officials posted to aboriginal tracts to obtain a working knowledge of the local language within a reasonable period.
26. Pos a payments to the frontier tribes should be continued [Para. *20 (c) of Assam Sub-Committee Report].
The pace of extending administration in the frontier tracts should be greatly accelerated and additional officers appointed where necessary [Para. *20 (a) of Assam Sub-Committee Report].
The Provincial Government should undertake an examination of the position in the frontier tracts with a view to taking a decision whether any portion could be taken immediately by it under provincial administration [ par a. *20(b) of Assam Sub-Committee Report].
* References to pages, paras. and sections are topages, paras. and sections in the original reports.