CLAUSE 47.—(Provisions as to Berar.) (Hansard, 13 March 1935)

§ Colonel WEDGWOOD
I desire to get a statement from the Secretary of State as to the position of Berar. The Clause says: And whereas it is in contemplation that an agreement shall be concluded between His Majesty and His Exalted Highness whereby, notwithstanding the continuance of the sovereignty of His Exalted Highness over Berar, the Central Provinces and Berar may be governed together as one Governor's Province under this Act by the name of the Central Provinces and Berar: while any such agreement is in force (a) Berar and the Central Provinces shall, notwithstanding the continuance of the sovereignty of His Exalted Highness, be deemed to be one Governor's Province by the name of the Central Provinces and Berar. Can we have a statement from the Secretary of State as to what this agreement is. An agitation has gone on for a great many years, and I think we should have a clear statement as to what the Government now actually propose to do. I understand that the sovereignty of the Nizam over Berar is established but that the inhabitants of Berar have not lost 507 their rights to have representative government and to continue their connection with the Central Provinces. The people of Berar are anxious to know whether they are to retain their rights as subjects of British India as hitherto, or whether the proposed agreement changes their status and they are to become the subjects of the Nizam. I should like to know what change it is proposed to make in the status of the ordinary inhabitants of Berar and what effect this agreement will have, so far as they are concerned.

§ Major MILNER
I have always understood that the position with regard to Berar was that the Nizam had definitely agreed to the administration of Berar as part of British India. That position has been in existence since 1853, and has been perfectly clear. The Viceroy has said so on one occasion and the Nizam has also said so. The Joint Select Committee refers to the agreement as if it was concluded, but in Clause 47 it will be observed that Sub-section (2) says: If no such agreement is concluded, or if suet an agreement is concluded but subsequently ceases to have effect, references in this Act to the Central Provinces and Berar shall be construed as references to the Central Provinces, and His Majesty in Council may make such consequential modifications in the provisions of this Act relating to the Central Provinces as he thinks proper. The position, therefore, seems to me that there is not at the moment a concluded agreement, and if not then the position of the inhabitants of Berar is that they are left in the air. For many years they have to all intents and purposes been part of British India. They have been joined up to the Central Provinces and have had representatives in the Legislature of the Central Provinces. A great many consequences have ensued from that position, and, therefore, serious questions arise if there is no agreement for that position to continue. There is likely to be more apprehension as to their position on the part of the people of Berar. There is this further point. Paragraph (b) says: Any reference in this Act or in any other Act to British India shall be construed as a reference to British India and Berar, and any reference in this Act to subjects of His Majesty shall, except for the purposes of any oath of allegiance, be deemed to include a reference to Berari subjects of His Exalted Highness. 508 According to my information, since 1853, certainly for a great many years, the practice has been to take the oath of allegiance to His Majesty only. Apparently the Clause anticipates that notwithstanding an agreement between His Exalted Highness the Nizam and the British Government the oath of allegiance shall be taken both to His Majesty and the Nizam. The consequence is that representatives of Berar in the Central Provinces Legislature are concerned as to whether their future position is not going to be very different from that in the past, and that they are going to be subjects of the Nizam and not of the British Government. They ask for a reassurance in this matter. I had intended to move an Amendment to make the position clear, but I hope that the Secretary of State will be able to assure us that an agreement has been concluded, or is likely to be concluded, and that in any event the position of the people of Berar will be safeguarded, and that in the future as in the past they will be responsible to the British Government.

§ Sir S. HOARE
I can assure hon. Members opposite on this point. The present position of Berar is that it is Hyderabad territory, not British territory. The inhabitants of Berar are not British subjects, and never have been. They are subjects of the Nizam of Hyderabad. For many years past, under treaty with the Nizam, Berar has been administered with the Central Provinces. The administration has been virtually a single administration, but none the less the inhabitants have remained the subjects of the Nizam. In one or two respects the position is somewhat anomalous. In the past the Berar members of the Central Provinces Legislature have taken the oath to His Majesty, although they were really the subjects of the Nizam. It was felt that in view of the changes which are taking place as to Federation and the setting up of autonomous provinces that an anomaly of that kind could not continue, and it was clearly felt that it was essential to go on with the arrangements practically as they are now. I can assure hon. Members that there is no question of retroceding the administration of Berar to the Nizam.
509 The Nizam and the Government have been in discussion about the future, and there is a general agreement to go on with the arrangements as they are at present. It is, however, necessary, particularly in view of the fact that federation is being set up, to recognise that they are subjects of the Nizam, but none the less the administration is going on in the future as it has during past years. The agreement made between His Exalted Highness the Nizam and the Crown will come into operation when provincial autonomy comes in. It will not come into operation before; and it will come in on the lines I have indicated. If provincial autonomy does not come into operation the inhabitants of Berar need have no anxiety on that account. The present Treaty would then remain in force, under which the Berars are administered by the Central Provinces. The position, therefore, is quite safe from the point of view of the right hon. Gentleman.

§ Colonel WEDGWOOD
If I understood that statement correctly the inhabitants of the Berars have never been British subjects?

§ Sir S. HOARE
That is so.

§ Colonel WEDGWOOD
Even those born there have always been the subjects of the Nizam, and therefore they have lost nothing by this change? Is it also clear that they do not pay any additional taxes to Hyderabad by reason of this Treaty, that their liability as part of the Central Province remains as it is and there is no additional burden put upon them?

§ Sir S. HOARE
There is no additional obligation upon them at all. The Governor of the new Central Provinces under provincial autonomy has a special responsibility in regard to the taxes paid by the inhabitants of the Berars.

§ Sir CHARLES OMAN
It seems to me that in this matter there is no serious danger of injustice being done to anyone. Berar was not conquered from the Mahrattas by the Nizam's sword but by our sword. If the inhabitants do not desire to be put under this Mohammedan Prince I cannot for the life of me see why they should be.