HC Deb 27 May 1935 vol 302 cc877-9

The following Amendments stood upon Me Order Paper:.

In page 79, line 2, to leave out from "acquire," to "any," in line 3.

In page 79, line 4, after the first "Province," to insert: for any purpose connected with a matter with respect to which the Federal Legislature has power to make laws."—[Sir S. Hoare.]

8.45 p.m.

Mr. BUTLER

I beg to move, in page 79, line 2, to leave out from "acquire," to "any," in line 3.

These two Amendments, which go together, are drafting Amendments intended to meet points raised during the Committee stage as to the meaning of the words "acquire for the purposes of the Federation." The first Amendment deletes the words: for the purposes of the Federation (including purposes of the Federal Railway Authority) and the second adds, after the words "any land situate in a Province," the words: for any purpose connected with a matter with respect to which the Federal Legislature has power to make laws..

Amendment agreed to.

Mr. BUTLER

I beg to move, in page 79, line 4, after the first "Province, "to insert: for any purpose connected with a matter with respect to which the Federal Legislature has power to make laws..

8.47 p.m.

Sir S. C R I PPS

I think the question was raised during the Committee stage as to whether this Clause would empower the Federation to give powers to some corporation, for instance, to acquire land, and it was suggested that, as the Clause originally stood, although the Federation could acquire land, it could not authorise the acquisition of land by a corporation. The words which it is now proposed to insert still leave the question whether the Clause would confer power on the Federation to delegate that authority to some other body which was given some monopoly or right of that kind. Could the hon. Gentleman tell us whether that is the effect of the words which it is proposed to insert?

8.48 p.m.

Sir S. HOARE

I made inquiry on this point, and I understand that there never has been this power in India. In actual practice it has always been the Government that has acted for corporations. We were advised that there was no reason to change that system, and on that account we have not made any proposal to enable corporations to make these purchases, believing that the Government would still continue to act for them.

Amendment agreed to.

8.49 p.m.

Mr. BUTLER

I beg to move, in page 79, line 5, to leave out from "behalf" to the end of the Clause, and to insert: and at the expense, of the Federation or, if the land belongs to the Province, to transfer it to the Federation on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India. This Amendment arises from a further examination of the Clause since our last consideration of it. It appeared to us that it was appropriately worded for cases in which the land had to be acquired from a private owner, but that it was not appropriate in cases where the land acquired by the Federation was already in the hands of a Province. The Amendment makes it clear that in the latter case the Federation must pay for the land—that was always intended—and that, if the Federation and the Province cannot agree as to terms, the matter must be settled by arbitration.

8.50 p.m.

Sir S. CRIPPS

I am glad that this provision is being put into the Bill to make the matter clear, and I should also like to tell the Secretary of State how glad we are that he shares with us the view that the right people to hold land in these cases are the State, and not monopoly companies.

Amendment agreed to.