HC Deb 27 February 1935 vol 298 c1112
16. Colonel WEDGWOOD

asked the Secretary of State for the Colonies whether the Zanzibar decrees against Indians acquiring land are now in operation; and, if so, was the approval of the India Office obtained before they were enacted?

Sir P. CUNLIFFE-LISTER

I presume that the hon. and gallant Member refers to the Zanzibar Land Alienation Decree. This decree was passed at the end of June, 1934, and was brought into force on the 7th of July last year. The purpose of the decree, which is largely based on Indian legislation, is to provide that Arabs or Africans may not alienate land in perpetuity to others than Arabs or Africans without the consent of the Resident. It does not discriminate against Indians. The legislation was urgently required in order to guard against the danger of eviction on foreclosure, and I approved its immediate enactment without prior consultation with the India Office or the Government of India, though, of course, the India Office was informed of the action taken.

Colonel WEDGWOOD

Has the enactment obtained the approval of the India Office seeing that, although in words it is not discriminatory against Indians, it is so in effect?

Sir P. CUNLIFFE-LISTER

I have had no suggestion of opposition. Indeed, I do not think I could have, because it follows practically word for word the legislation passed in the Punjab in India.

Colonel WEDGWOOD

Surely the right hon. Gentleman is aware that the legislation in the Punjab is contrary to British traditions and is not to be found anywhere else?

Sir P. CUNLIFFE-LISTER

I really do not think it is contrary to British traditions to give reasonable protection to a native against unfair or unreasonable eviction by a mortgagee. In fact, it was Lord Kitchener who created the precedent for such legislation in Egypt.