HC Deb 04 December 1919 vol 122 cc699-700

  1. (1) The Governor-General in Council may, after obtaining an expression of opinion from the local government and the local legislature affected, by notification, with the sanction of His Majesty previously signified by the Secretary of State in Council, constitute a new governor's province, or place part of a governor's province under the administration of a deputy-governor to be appointed by the Governor-General, and may in any such case apply, with such modifications as appear necessary or desirable, all or any of the provisions of the principal Act or this Act relating to governors' provinces, or provinces under a lieutenant-governor or chief commissioner, to any such now province or part of a province.
  2. (2) The Governor-General in Council may declare any territory in British India to be a "backward tract," and may, by notification, with such sanction as aforesaid, direct that the principal Act and this Act shall apply to that territory subject to such exceptions and modifications as may be prescribed in the notification. Where the Governor-General in Council has, by notification, directed as aforesaid, he may, by the same or subsequent notification, direct that any Act of the Indian Legislature shall not apply to the territory in question or any part thereof, or shall apply to the territory or any part thereof subject to such exceptions or modifications as the Governor-General thinks fit, or may authorise the Governor in Council to give similar directions as respects any Act of the local legislature.

Colonel YATE

I beg to move, at the end of Sub-section (1), to insert the words The report of the commission of inquiry upon the various distinctive racial and linguistic territorial units proposed to be formed as new provinces shall be laid before both Houses of Parliament, and if approved by Resolution of both Houses shall be submitted by the Secretary of State for the signification of His Majesty's pleasure, and upon the signification of such assent by His Majesty in Council shall be attached as a Schedule to the Bill and have the same force and effect as if it formed part of the Bill, and the Bill shall not be brought into operation till the Report has been considered and the Schedules attached to the Bill. What I want to point out is that the question with which the Amendment deals is one of the most important before us in the whole Bill. There is reference at the conclusion of the Joint Committee's Report to the opposition which may arise between the minority and the majority on the local Legislative Councils, and to get any agreement upon this point between the, different races and nationalities would be very difficult.

Mr. MONTAGU

I want to ask the hon. and gallant Gentleman a question. This Amendment begins. "The Report of the Commission of Inquiry upon the various distinctive racial and linguistic territorial units." What Commission of Inquiry does he mean, and what Report? I submit as it stands it is meaningless, because it refers to nothing in the Bill.

The CHAIRMAN

What is the Commission and Inquiry to which this Amendment refers. Is it in existence?

Colonel YATE

This Commission of Inquiry is to be appointed by the Secretary of State.

The CHAIRMAN

Under what Statute?

Colonel YATE

It comes in the Report of the Joint Committee.

The CHAIRMAN

That is not statutory. The Amendment is not in order.

Clause ordered to stand part of the Bill.

Clause 16 (Saving) ordered to stand part of the Bill.