HC Deb 30 July 1935 vol 304 cc2540-1

Lords Amendment: In page 76, line 5, at the end, insert new Clause: (Supplemental.) . The foregoing provisions of this chapter shall apply in relation to any ordinance, order, bye-law, rule or regulation passed or made after the passing of this Act and having by virtue of any existing Indian law, or of any law of the Federal or any Provincial Legislature, the force of law as they apply in relation to Federal and Provincial laws, but, save as aforesaid, nothing in those provisions shall affect the operation of any existing Indian law.

6.13 p.m.

Mr. BUTLER

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is really a drafting Amendment, although it entails the substance of a new Clause. It takes the place of Clause 121, on which there is an Amendment a little later. The terms of the Clauses are practically identical except that the provisions of this apply, for particular reasons, to Clauses 111 to 116. I can assure the House that this Clause and the deletion of Clause 121 are really only a question of re-arrangement.

Viscount WOLMER

Did I understand the Under-Secretary to say that the effect of this Clause is the same as Clause 121, the deletion of which he is going to move?

Mr. BUTLER

I am sorry if I did not make it clear. I intended to convey that this Clause is almost identical with Clause 121, but for certain technical reasons it has been found necessary to delete Clause 121 and to insert this Clause here. The Clause is inserted here in order that its provisions shall be made applicable to Clauses 111 to 116 inclusive. The provisions in question are not necessary for the later Clauses and, therefore, the more accurate need for the provision of Clause 121 is attained by the substitution of its contents at this stage in order to apply in a slightly amended form to Clauses 111 and 116, and thereby the final necessity for the original Clause 121 is removed. That is why I said that it was a case for re-arrangement and not really a case of substance.

Subsequent Lords Amendments, to page 80, line 37, agreed to.