HL Deb 21 February 1946 vol 139 cc844-6

4.54 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Pethick-Lawrence.)

On Question, Motion agreed to.

House in Committee accordingly:

[The LORD STANMORE in the Chair.]

Clauses 1 and 2 agreed to.

Clause 3:

Requisitioned Land.

3.—(1) Notwithstanding anything in the Government of India Act, 1935, the powers of the Indian Legislature to make laws shall extend to the making of laws—

  1. (a) authorizing the Governor-General in Council, until the end of the period mentioned in Section four of this Act, to retain possession of and use any land in a Province of which, when the Act of the Indian Legislature known as the Defence of India Act, 1939, expires, he is in possession by virtue of any requisition effected under rules made under that Act; and
  2. (b) enabling him compulsorily to acquire directly and without the interposition of the Province, any land of which he is in possession under any laws made for the purposes specified in paragraph (a) of this subsection,
and any laws made by virtue of this subsection may contain provisions with respect to offences against the laws, inquiries and statistics for the purposes of the laws, jurisdiction and powers of all Courts, except the Federal Court, with respect to any of the matters dealt with by the laws, and fees in respect of any of those matters, but not including fees taken in any Court.

THE SECRETARY OF STATE FOR INDIA AND BURMA (LORD PETHICK-LAWRENCE) moved, in subsection (1), to leave out paragraphs (a) and (b) and insert:

  1. "(a) providing, in relation to land in a Province which, when the Act of the Indian Legislature known as the Defence of India Act, 1939, expires, is subject to any requisition effected under the rules made under that Act, for the continuance, until not later than the end of the period mentioned in Section four of this Act, of all or any of the powers theretofore exercisable under the said Act of the Indian Legislature or the said rules; and
  2. (b) providing, in particular, for the continuance as aforesaid of the power of the Governor-General in Council compulsorily to acquire any such land as aforesaid for any purposes directly and without the interposition of any Province."
The noble Lord said: The Amendment which stands in my name appears at first reading somewhat formidable; but, in fact, it is really concerned with a comparatively small point. It has been found that Clause 3 (1), regarding the acquisition of land and buildings is drawn up just a little too tightly. As drafted in the Bill, it covers only lands and buildings requisitioned by the Government of India and still held by them under the Defence of India Act. It is desirable that it should also cover lands and buildings requisitioned by a Provincial Government as well as by the Government of India, and held when the Defence of India Act expires by a Provincial Government or held on behalf of the Government of India by any other authority, such as an industrial concern. With that explanation, I beg to move.

Amendment moved— Page 3, line 4, leave out from beginning to end of line 14 and insert the said new paragraphs.—(Lord Pethick-Lawrence.)

On Question, Amendment agreed to.

LORD PETHICK-LAWRENCE moved, at the end of subsection (1), to add: ; and subsections (2) to (4) of the last preceding section shall apply in relation to any such laws as they apply in relation to laws made under that section.

The noble Lord said: This Amendment is necessary as a consequence of the slight widening of Clause 3 by the Amendment that your Lordships have already consented to. It is also necessary to apply to Clause 3 the provisions of Clause 2 (2) and Clause 2 (4). It is not a consequential Amendment in the sense that it merely carries out the purposes in view; it is an addition that is rendered desirable and essential in view of the carrying of the previous Amendment.

Amendment moved— Page 3, line 20, at end add ("; and subsections (2) to (4) of the last preceding section shall apply in relation to any such laws as they apply in relation to laws made under that section.")—(Lord Pethick-Lawrence.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Remaining clauses agreed to.