CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII


Thursday, the 4th November 1948

J. (1) There shall be established as soon as may beafter the commencement of this Constitution in the Provincesof Madras, Bombay, West Bengal, Bihar, C. P. and Berar andOrissa, a Tribes Advisory Council to perform such functionsas may be prescribed in this Constitution and to advise theProvincial Government from time to time on all matterspertaining to the administration and welfare of the tribesand of the Scheduled Areas.

(2) The Tribes Advisory Council shall consist of notless than ten and not more than twenty-five members of whomthree-fourths shall be elected representatives of the tribesin the Provincial Legislature (Lower House).

(3) The Provincial Government may make rulesprescribing or regulating as the case may be: -

(a) the number of members of the Council, the mode of appointment of the members and of the Chairman or other office-bearers;

(b) the conduct of meetings and procedure in general;

(c) relations with officials and local bodies;

(d) all other incidental matters.

K. (1) The Federal Government may, at any time, andshall after the expiry of ten years from the commencement ofthis Constitution, institute a Commission to report on theadministration of the tribes and the Scheduled Areas ingeneral.

(2) The Federal Government may at any time require theProvincial Government to draw up and execute such schemes asit considers essential for the welfare of the tribes.

L. In the Provinces of Bihar, the Central Provinces andBerar and Orissa there shall be a separate Minister forTribal Welfare:

Provided that the Minister may hold chargesimultaneously of welfare work pertaining to ScheduledCastes or other backward classes or any other work.

M. Notwithstanding anything in the Criminal ProcedureCode 1898, or the Civil Procedure Code (Act V of 1908), theProvincial Government may make special regulations for aScheduled Area for the trial of offences other than thosepunishable with imprisonment for five years or more or withdeath or transportation for life and of disputes other thanthose arising out of special laws respectively and mayempower headmen or panchayats to try such cases.

[Annexure IX]

APPENDIX D

Schedule A

PART I - MADRAS

1. Bagata.

2. Bottadas - Bodo Bhottada, Muria Bhottada and Sano Bhottada.

3. Bhumias - Bhuri Bhumia and Bodo Bhumia.

4. Bissoy - Bharangi Jodia, Bennangi Daduva, Frangi, Hollar, Jhoria, Kollai, Konde, Paranga, Penga Jodia, Sodo Jodia and Takora.

5. Dhakkada.

6. Domb - Andhiya Dembs, Audiniya Dombs, Chonel Dombs, Christian Dombs, Mingani Dombs, Oriya Dombs, Ponaka Dombs, Telag and Ummia.

7. Gadabas - Boda Gadaba, Cerlam Gadaba, Fanji Gadaba, Jodia Gadaba, Olaro Gadaba, Pangi Gadaba and Paranga Gadaba.

8. Ghasis - Boda Ghasis and San Ghasis.

9. Gondi - Modya Gond and Rajo Gond.

10. Goundus - Bato, Bhirithya, Dudhokouria, Hato, Jatako and Joria.

11. Kosalya Goudus - Bosothoriya Goudus, Chitti Goudus, Dangayath Goudus, Doddu Kamariya, Dudu Kamaro, Ladiya Goudus and Pullosoriay Goudus.

12. Magatha Goudus - Bernia Goudu, Boodo Magatha, Dongayath Goudu Ladya Goudu, Ponna Magatha and Sana Magatha.

13. Serithi Goudus.

14. Holva.

15. Jadapus.

16. Jataus.

17. Kammaras.

18. Khattis - Khatti, Kammaro and Lohara.

19. Kodu.

20. Kommar.

21. Konda Dhoras.

22. Konda Kapus.

23. Kondareddis.

24. Kondhs - Desaya Kondhs, Dongria Kondhs, Kuttiya Kondhs, Tikiria Kondhs and Yenity Kondhs.

25. Kotia - Bartikar, Bentho Oriya, Dhulia or Dulia, Holva Paiko, Putiay, Sanrona and Sidho Paiko.

26. Koya or Gound with its sub-sects, Raja of Rasha Koyas, Lingadhari Koyas, Koyas (ordinary) and Kottu Koyas.

27. Madigas.

28. Malas or Agency Malas or Valmikies.

29. Malis - Worchia Malis, Paiko Malis and Pedda Malis.

30. Maune.

31. Manna Dhora.

32. Mukha Dhora - Nooka Dhora.

33. Muli or Muliya.

34. Muria.

35. Ojulus or Metta Komsalies.

36. Omanaito.

37. Paigarapu.

38. Palasi.

39. Pali.

40.

Pentias.

41. Porjas - Bodo. Bonda, Daruva, Didua, Jodia, Mundili, Pengu Pydi and Saliya.

42. Reddi or Dhoras.

43. Relli or Sachandi.

44. Ronas.

45. Savaras - Kapu Savaras, Khutto Savaras and Maliya Savaras.

46. The inhabitants of the Laccadive, Minicoy and Amindivi Islands.

PART II - BOMBAY

1. Barda. 9. Gond. 16.Patelia.

2. Bavacha. 10. Kathodi or katkari. 17. Pomla.

3. Bhil. 11. Konkna. 18. Powara.

4. Chodhra. 12. Koli Mahadeb. 19.Rathawa.

5. Dhanka. 13. Mavchi. 20. TadviBhill.

6. Dhodia. 14. Naikda or Nayak. 21. Thakur.

7. Dublia. 15. Pardhi, including 22. Valvai.

8. Gamit or Gamta. Advichincher or 23. Varli.

Phanse Pardhi. 24. Vasava.

PART III - BIHAR

(a) A resident of the province belonging to any of thefollowing tribes: -

1. Asur. 12. Gond. 23. Kora.

2. Bajra. 13. Gorait. 24. Korwa.

3. Bathudi. 14. Ho. 25. Mahli.

4. Bentkar. 15. Juang. 26. MalPaharia.

5. Binjhia. 16. Karmali. 27. Munda.

6. Birhor. 17. Kharia. 28. Oraon.

7. Birjia. 18. kharwar. 29.Parhiya.

8. Chero. 19. Khetauri. 30. Santal.

9. Chik Baraik. 20. Khond. 31. SauriaPaharia.

10. Gadaba. 21. Kisan 32. Savar.

11. Ghatwar. 22. Koli. 33. Tharu.

(b) a resident in any of the following districts orpolice stations, that is to say, the districts of Ranchi,Singhbhum, Hazaribagh and the Santal Parganas, and thepolice stations of Arsha, Balarampur, Jhalda, Jaipur,Baghmundi, Chandil, Ichagarh, Barahabhum, Patamda Banduanand Man-bazar in the district of Manbhum, belonging to anyof the following tribes: -

1. Bauri. 4. Bhumij. 7. Rajwar.

2. Bhagta. 5. Ghasi. 8. Turi.

3. Bhuiya. 6. Pan.

(c) a resident in the Dhanbad Sub-Division or any of the following police stations in the Manbhum District, thatis to say, Purulia, Hura, Pancha, Raghunathpur, Santuri,Nituria, Para, Chas, Chandan-Kiari and Khasipur belonging tothe Bhumij tribe.

PART IV - CENTRAL PROVINCES

1. Gond. 13. Baiga. 25. Kol.

2. Kawar. 14. Kolan. 26.Nagasia.

3. Maria. 15. Bhil. 27. Sawara.

4. Muria. 16. Bhuinhar. 28. Korwa.

5. Halba. 17. Dhanwar. 29.Majhwar.

6. Pardhan. 18. Bhaina. 30. Kharia.

7. Oraon. 19. Parja. 31. Saunta.

8. Bimjhwar. 20. Kamar. 32. Kondh.

9. Andh. 21. Bhunjia. 33. Nihal.

10. Bharia-Bhumia. 22. Nagarchi. 34. Birhaul(or Birhor.)

11. Koti. 23. Ojha. 35. Rautia.

12. Bhattra. 24. Korku. 36. Pando.

PART V - ORISSA

(a) A resident of the province belonging to any of thefollowing tribes: -

1. Bagata. 8. Konda-Dora. 15. Munda.

2. Banjari. 9. Koya. 16.Banjara.

3. Chenchu. 10. Paroja. 17.Binjhia.

4. Gadaba. 11. Saora (Savar). 18. Kisan.

5. Gond. 12. Oraon. 19. Koli.

6. Jatapu. 13. Santal. 20. Kora

7. Khand (Kond). 14. Kharia.

(b) a resident of any of the following areas, that isto say, the Koraput and Khondmals Districts and the GanjamAgency belonging to either of the following tribes: -

1. Dom or Dombo. 2. Pan or Pano.

(c) a resident of the Sambalpur District belonging toany of the following tribes: -

1. Bauri. 3. Bhumij. 5. Turi.

2. Bhuiya. 4. Ghasi. 6. Pan orPano.

PART VI - BENGAL

1. Botia. 7. Mro.

2. Chakma. 8. Oraon.

3. Kuki. 9. Santal.

4. Lepcha. 10. Tippera.

5. Munda. 11. Any other tribe notified by the

6. Magh. Provincial Govt.

PART VII - UNITED PROVINCES

1. Bhuinya. 6. Kol.

2. Baiswar. 7. Ojha.

3. Baiga. 8. Any other tribe notified by the

4. Gond. Provincial Govt.

5. Kharwar.

Schedule B

MADRAS

The Laccadive Islands (including Minicoy) and theAmindivi Islands.

The East Godavari Agency and so much of the VizagapatamAgency as is not transferred to Orissa under the provisionsof the Government of India (Constitution of Orissa) Order,1936.

BENGAL

The Chittagong Hill Tracts.

BOMBAY

In the West Khandesh District: - The Navapur Petha, theAkrani Mahal and the villages belonging to the followingMehwassi Chiefs: (1) the Parvi of kathi, (2) the Parvi ofNal, (3) the Parvi of Singpur, (4) the Walwi of Gaohali, (5)the Wassawa of Chikhli and (6) the Parvi of

Navalpur.

In the East Khandesh District: - The Satpura HillsReserved Forest Areas.

In the Nasik District: - The Kalvan Taluk and PeintPeth.

In the Thana District: - The Dahanu and Shahpur Talukasand Mokhala and Umbergaon Pethas.

BIHAR

The Ranchi and Singhbhum districts and the Latehar Sub-division of the Palamau district of the Chota NagpurDivision.

The Santal Paraganas District, excluding the Godda andDeogarh sub-divisions.

THE CENTRAL PROVINCES AND BERAR

In the Chanda District, the Ahiri Zamindari in theSironcha Tahsil and the Dhanora, Dudmala, Gewardha,Jharapapra, Khutgaon, Kotgal, Muramgaon, Palasgarh, Rangi,Sirsundi, Sonsari, Chandala, Gilgaon, Pai-Muranda andPotegaon Zamindaris in the Garchiroli Tahsil.

The Harrai, Gorakghat, Gorpani, Batkagarh, Bardagarh,Partabgarh (Pagara), Almod and Sonpur Jagirs of theChhindwara District, and the portion of the Pachmarhi jagirin the Chhindwara District.

The Mandla District.

The Pendra, Kendra, Matin, Lapha, Uprora, Chhuri andKorba Zamindaris of the Bilaspur District.

The Aundhi, Koracha, Panabaras and Ambagarh ChaukiZamindaris of the Drug District.

The Baihar Tahsil of the Balaghat District.

The Melghat Taluk of the Amraoti District.

The Bhainsdehi Tahsil of the Betul District.

ORISSA

The Ganjam Agency Tracts including Khondmals.

The Koraput District.

MINUTE OF DISSENT

Scheduled Areas

I regret I must submit a minute of dissent in regard tothe "Scheduled areas" for the Chhota Nagpur Plateau. Icannot agree to the elimination of the Districts of Manbhum,Hazaribagh and Palamau which, even according to theunreliable 1941 Census, contain 678, 126, 478, 253 and 323,106 Adibasis respectively, that is, a total of 1,479,485Adibasis for the three Districts. I cannot see how I canagree to the demolition of the economic, geographical andethnic unity and entity of the Chhota Nagpur Division. It isnot right that we should give an ex parte verdict and changethe status quo of these three Districts.

JAIPAL SINGH

The 19th August 1947.

[Annexure VIII]

APPENDIX D

INTERIM REPORT OF THE EXCLUDED AND PARTIALLY EXCLUDED AREAS (OTHER THAN ASSAM) SUB-COMMITTEE

Summary of Recommendations

1. Tribes who live in the non-excluded areas are partof the problem and the tribes as a whole should be treatedas a minority. Tribals should have reserved seats in a jointelectorate based on adult franchise in proportion to theirpopulation. One representative each is recommended for theLaccadive, Amindivi and Minicoy islands respectively in theMadras Legislature and one for the Lahaul and Spiti Wazirisin the East Punjab Legislature [Para. *9 and Sections A andB (1) of Appendix C]

2. It will be necessary to provide for the exclusion ofunsuitable legislation in such matters as land, villagemanagement and social customs in certain areas inhabitedpredominantly or to an appreciable extent by tribals. Theseareas will be known as Scheduled Areas (Para. *10).

3. Legislation in such matters as land and socialcustoms should not be applied to Scheduled Areas if theTribes Advisory Council advises to the contrary (Paras. *11and 12 and Section E of Appendix C).

4. Simplified procedure should be continued for thedisposal of petty criminal and civil cases (Para. *13 andSection M).

5. Seats should be reserved in the Federal Legislatureon the basis of the tribal population of the province. ATribal Advisory Council should be set up with a minimum often and a maximum of 25 members in Madras, Bombay, Bengal,Bihar, C. P. and Orissa (Para. *15 and Section J of AppendixC).

6. There should be provision for the Federal Governmentto institute a special commission to enquire into theprogress of plans of development and also into theconditions of the Scheduled Areas and tribals in general[Para. *16 and Section K (1) of Appendix C].

7. It will be necessary for the Central Government tocome to the assistance of Provincial Governments for theexecution of schemes of development by providing thenecessary funds. The Central Government should also be in aposition

to require the Provincial Governments to draw upschemes for the Scheduled Areas (Para. *17 and Sections Iand K (2) of Appendix C).

8. The revenues derived from and the expenses incurredon the Schedule Areas from the provincial budget should beshown separately in the annual financial statement of theprovince (Para. *18 and Section H of Appendix C).

9. It should be the Governor's responsibility to seethat schemes of development are drawn up and implemented.(Para. *19).

10. There should be a separate Minister for TribalWelfare in C. P. Orissa and Bihar, and provision for thisshould be contained in the statute. (Para. *20 and Section Lof Appendix C).

11. There should be a due proportion of aboriginalsrecruited into the various Government Services. A separateservice is not recommended but non-tribal officials postedto the Scheduled Areas should be selected with care. (Para.*21).

12. Tribal panchayats should be encouraged whereverpossible (Para. *22).

13. Shifting cultivation should be discouraged (Para.*23).

14. Temperance propaganda should be carried on as partof tribal welfare work (Para *24).

---------------------

* References to paras., sections and appendices are toparas., sections and appendice in the orginal reports.

15. The alienation of land belonging to tribals to non-tribals should be prohibited. Allotment of new land inScheduled Areas should not be made to non-aboriginals exceptin exceptional cases (Para. *25 and Section F of AppendixC).

16. There should be provision for control of money-lenders by a system of licensing (Para. *26 and Section G of appendix C).

Sambalpur, Angul and Darjeeling and certain areas inBombay need not be treated as Scheduled Areas. In Bihar thethree districts of Ranchi, Singhbhum, and Santal Parganasonly where the tribes are in a majority are included in theSchedule provisionally. The U. P. and Punjab areas are notincluded (Para. *27 and Schedule B of Appendix C).

[Annexure VII]

APPENDIX D

FINAL REPORT

To

THE CHAIRMAN,

ADVISORY COMMITTEE ON MINORITIES, ETC.

DEAR SIR,

This is our final report written after our visit to Bihar and the United Provinces. It relates to the partially excluded areas of these provinces and the excluded areas of the Punjab in respect of all of which the recommendations contained in our interim report were provisional. Certain general recommendations have also been added.

2. With reference to Bihar we confirm the constitutional proposals already made by us in to to.

BIHAR

We consider it necessary in addition to refer tocertain matters connected with the administration of this,the largest compact block of territory comprising anyexcluded area in India, which came to our notice during ourtour. To begin with, the Christian section of the tribals,though small in number (see statement appended), iseducationally and economically far in advance of the non-Christian tribals. The demand for education among the non-Christians is said to be negligible and this presumably isthe result of their economic backwardness which makes itnecessary that children should assist their parents inearning their livelihood. There are however allegations thatthe Christian teachers and educational officials encourageonly Christian children, and as a good number of the schoolsare run by Christian Missions, the non-Christians lackfacilities for education. The Christians again appear to bemuch better organised and vocal and they are found to takeprominent part in local and political organisations. Theother striking feature of this area is the feeling commonamong educated tribals and shared by non-tribals inconsiderable measure that Chhota Nagpur has little share inthe administration commensurate with its area, populationand industrial importance and is being neglected by theGovernment which is made up of elements interested mostly inthe rest of Bihar. Certain non-aboriginal witnesses haveexpressed their views of the neglect of Chota Nagpur in nouncertain terms and suggested that the ameliorative measuresclaimed by the Government

are purely defensive actionprompted by the separation

* References to paras., sections and appendices are toparas., sections and appendices in the original reports.

movement. Even when the Government is supposed to beresident at Ranchi, it is given as concrete proof of theirlack of interest that they are mostly absent on tour inareas other than Chhota Nagpur in which they are interested.Dr. Sinha has also stated that the present Government hasyet to do something "to capture the imagination of thepeople" and that under the present practice "the HonourableMinisters stay for a very short period at Ranchi - at theirown will and convenience - and do not usually visit so muchthe aboriginal areas as they do those of the other threedivisions of Bihar". We have referred to these statementsnot because we are in agreement with them or with a view toadjudicating on them but purely as indicative of the localatmosphere. Dr Sinha has referred to the absence of theaboriginal element in the Ministry and has recommendedreconstitution.

The extreme expression of the discontent prevalent inChhota Nagpur is the separatist movement which demands theformation of a new province of Jharkhand out of thepartially excluded area. This movement is sponsored atpresent by the Adibasi Mahasabha containing a very largeadvanced or Christian element but in Singhbhum and in theSantal Parganas also, a good proportion of non-Christiansseem to have been affected by it. To borrow Dr. Sinha'swords it is "capturing the imagination" of the tribals.Unmistakably also the movement is gaining sympathy among thenon-aboriginals; and even if it be party due to mere localambition, the virtual exclusion of tribal elements from theCabinet has undoubtedly contributed much to it. We havealready held in our interim report that the question of theformation of a separate province is not for us to tackle butwe would invite the attention of the Provincial and CentralGovernment to the separation movement, which seems to begaining strength, as a symptom of the discontent which issimmering in varying intensity among all sections of theChota Nagpur population. At the same time we have noticedthat the Cabinet of the Bihar Government and such an eminentpublic man as Dr. S. Sinha oppose the separation movement onthe grounds very well shown in the brochure of Dr. Sinha. Wehave also received a number of telegrams from these areassaying that they thoroughly disapprove of the separatistmovement.

We are inclined to the view which seems to be shared byDr. Sinha also, that there should be adequate association of the people of the partially excluded areas, particularly thetribals, in the different branches of the administrationincluding the Cabinet and that there can be neithersatisfaction nor adequate progress until this is done. Inshort, the problem of administration in this tract must bedealt with not only by economic and educational improvementsbut also by remedies which recognise its political andpsychological aspects; and we would lay the maximum emphasison the urgency of action in both these directions.

UNITED PROVINCES

3. As regards the partially excluded areas of the UnitedProvinces viz., the Jaunsar-Bawar Pargana in the Dehra DunDistrict and the area comprising the Dudhi Tahsil and partof the Robertsganj Tahsil of the Mirzapur District, we findthat both of these comparatively small areas are sufferingfrom serious neglect. Although a committee was set up asearly as 1939 to enquire into the administration of theJaunsar-Bawar Pargana and a report was submitted by it in1941, it is a matter for regret that no action has yet beenpossible although the report was ultimately made only by theofficial members of the Committee. We understand thatanother committee has been appointed recently this year togo into the matter by the Provincial Government and hopethat speedyaction will be taken on its report. The main matters whichrequire attention in this area are as follows: -

(1) the fixation and collection of land revenue and distribution of "rights timber" through the agency of

the Sayanas as well as the position of the Sayana in the village panchayat which gives rise to a great deal of oppression.

(2) survey resettlement of the area and removal of restrictions on the possession of land and reclamation of waste land by Koltas (local depressed castes of Hindus).

(3) the elimination of social evils like polyandry and venereal disease.

In the partially excluded area of the Mirzapur Districtwhich is inhabited by a majority of tribals we find that theadministration is of a pretty primitive character. Thefigures given in the U. P. Government's factual memorandumfor the Dudhi Government Estate which are shown belowindicate that the revenue from it is not utilised to theextent of even two-fifths of the administration of thearea: -

1944-45 1,64,430 83,421

1945-46 2,96,002 88,002

1946-47 2,34,797 89,854

Total 6,95,229 2,61,227 i.e: 37.6 percent of

the income

We would draw particular attention to the statement ofwitnesses that a very large percentage of the population ofthis area is suffering from venereal disease. In the DudhiEstate the U. P. Government have themselves noted that thereis a passage of land from the hands of the aboriginals tothe non-aboriginals. It would appear that the rules of theDudhi Estate are ineffective in preventing this since landcan be surrendered to the Supurdar who re-allots the same toanother person, most probably a non-aboriginal. Such atransfer unfortunately does not require the approval of theS.D.O. or the Collector. It does not appear that suitablesteps have been taken to put a stop to this. Among othercomplaints are the working of this monopoly under which onlyabout one-seventh, or if we allow for overhead and workingcharges, not more than one-fourth, of the price realised bythe company for the sale of the lac is obtained by theaboriginal cultivator tends to keep the aboriginal in amiserable condition. It does not appear to us that theGovernment have any comprehensive or fully consideredprogramme for this area as yet.

The population of this tract is very small (1/3 percent.) in comparison with the total population of the UnitedProvinces. We would not on that account recommend for itsfuture administration the proposals which we haverecommended for some of the backward tracts of otherprovinces, butwe are equally definite that special provisions for itsdevelopment are essential, as without them it is certainthat due attention will not be paid to its needs. Similarlyalthough the inhabitants of the Jaunsar-Bawar Area, aspointed out in our interim report, are not tribals by raceand we do not recommend inclusion in the schedule of ourInterim Report special provisions are necessary for thisarea also. We recommend therefore constitutional provisionsfor both of these tracts as follows: -

(1) there should be an advisory committee consisting of tribes or backward people to the extent of not less than two-thirds of its membership to advise the Government on the development of the area.

(2) the estimated revenue and expenditure (including development schemes) pertaining to the area should be shown separately in the provincial budget;

(3) although general administration of the type in force in other districts may be applied to the tract, the trial of petty civil and criminal cases should be permissible under special regulations;

(4) there should be provision in the Constitution prohibiting the transfer of land from aboriginals to non-aboriginals except with the sanction of an authorised officer;

(5) the powers of Supurdars in the Dudhi area of Mirzapur District to allot waste lands and accept surrender of land should be withdrawn and in Jaunsar-Bawar the system of Sayanas should be abolished and the Sayanas replaced by Government employees;

(6) the U. P. Government should report to the Central Government annually or as may be required by the Central Government regarding the administration of this area and abide by its directive;

(7) there shall be one seat reserved in the Provincial Assembly for a tribal from the area of the

Mirzapur District which is now partially excluded.

EAST PUNJAB

4. The disturbed conditions in the East Punjab haveprevented the appearance of witnesses from Spiti and Lahoulbefore us and it is equally not possible for us to visit thearea. It is unlikely that settled conditions will prevail inthe Punjab before the passes are blocked and we do notpropose therefore to postpone our recommendations which willnow be based on the factual memorandum sent by theProvincial Government.

We consider that constitutional provisions should bemade as follows: -

(a) An Advisory Committee of which at least 2/3 shall be local residents shall be set up to advise the Provincial Government regarding the administration of Lahoul and Spiti.

(b) The Provincial Government may declare any law passed by the Federal or Provincial Legislature as not applicable to the tracts or applicable with specified modifications.

(c) The Provincial Government may make special regulations for the administration of criminal and civil law and the protection or rights of local Tibetan inhabitants in land.

(d) The Provincial Government shall report to the Central Government annually or as may be required by the Central Government regarding the administration of this area and abide by its directive.

(e) We confirm the recommendation made in paragraph 9 of the Interim Report that there should be a representative for Lahoul and Spiti in the Provincial Legislature.

5. A Central Department. - After surveying the positionin all the provinces, we have been forced to the conclusionthat unless there is a separate department of the FederalGovernment prescribed by Statute to supervise and which thedevelopment of the scheduled areas and the tribals in thedifferent provinces and to furnish such advice and guidanceas may be needed, the pace of progress of the tribes willnot be sufficiently swift. The Central Government havealready recognised the need for a Directorate of anthropological Survey and we recommend that provision for aCentral Department of Tribal Welfare should be made in theConstitution.

6. Recruitment to Armed Forces. - We are also of theview that special attention should be paid to therecruitment of the tribes to the armed forces of India. Thetribes people can in our opinion furnish valuable materialfor this purpose as experience in the last war goes to show.

7. Village and Tribal Headmen. - During the course ofour enquiry many complaints of oppression and mishandling of the tribes people by the hereditary chiefs or heads ofvillages like the Mustadars Bissois and Paros and Muthadarsof South Orissa, the Parganaits and Pradhans of the SantalParganas and the Mankis and Mundas of Singhbhum have reachedus. We are of the view that a general review of the powersand functions of such village or tribal heads should beundertaken by Provincial Governments with a view to removingthe grievances of the tribal villagers, the abolition ofpowers which are exercised in an oppressive manner and thegeneral reform of these ancient systems.

8. Non-official welfare organisations. - We recommendthat the Provincial Governments should utilise the servicesof approved non-official organisations which are at presentdoing welfare work in the provinces for the tribals or whichmay hereafter come into existence by giving them grants-in-aid with a view to supplementing the volume of developmentwork.

9. Officials to learn tribal languages. - We have foundthat officials posted to aboriginal areas rarely know thelocal language. This obviously does not conduce tosatisfactory administration and we are of the view that itshould be made compulsory for officials posted to theaboriginal areas to obtain a working knowledge of thelanguage within a reasonable period. Proficiency in theselanguages or dialects should be encouraged by the grant ofsuitable awards.

Yours truly,

A. V. THAKKAR,

Chairman,

Excluded & Partially Excluded Areas.

(other than Assam) Sub:Committee.

Members -

RAJ KRUSHNA BOSE.

PHUL BHAN SHAH (Subject to Minute of Dissent).

JAIPAL

SINGH.

The percentage of Tribal population on to the totalpopulation in 6 Districts of Bihar and of the Christianpopulation to that of the Tribal population.

Name of District Total Population Tribal PopulationPercentageChristian Tribal Population Percentage1. Santhal Parganas22, 34,50011,29,88550.523,2052.052. Hazaribagh17,51,300 4,78,25327.8 2,593543. Ranchi16,75,40011,73,14270.02,85,2004.314. Palamau 9, 12,700 3,23,10635.410,7863.345. Manbhum20,32,100 6,78,12633.3 1,3540.96. Singhbhum11,44,700 6,68,597 58.417,7752.65 Total 97,50,70044,51,10945.653,40,9137.66MINUTE OF DISSENTI submitted a dissenting minute against the provisionalreport which had included recommendations for those tribalareas also which had then not been visited. After the visitof the Sub-Committee to these areas, I am more thanconfirmed in my opinion that all the six districts of theChhota Nagpur Plateau, namely, Manbhum, Singhbhum, Palamau,Hazaribagh, Ranchi and the Santhal Parganas, should remain"Scheduled Areas". All the witnesses were emphatic that theChhota Nagpur Division as a whole should be scheduled and nodistrict or territory should be excluded from the scheduledstatus. Even Dr. Sachchidananda Sinha, whose Memorandum hasreceived such attention from the other members of the Sub-Committee, has admitted that for administrative reasons allthe six districts should be scheduled. I have other reasonsalso for the same insistence but the most vital one is thenecessity of protecting 1,479,485 Adibasis of the districtsof Manbhum, Hazaribagh and Palamau with the veto of theTribes Advisory Council. This 1941 Census figure is largeenough to justify the claim that 15 lakhs of Adibasis shouldnot be exposed to the dangers of General Administration.

Partially Excluded Areas in Mirzapur District. - Thetribal tract in Mirzapur district should be transferred tothe Scheduled Area of the Chhota Nagpur Plateau.Administratively as well as geographically, the BiharGovernment would be in a better position to manage this far-off corner of the United Provinces.

Chittagong Hill Tracts. - The Indian Government mustclaim back the Chittagong Hill Tracts. The Radcliffe Awardmust be altered in regard to them

JAIPAL SINGH.

Sept. 25th, 1947.

Note by Chairman on Minute of Dissent by Shri Jaipal Singh

I do not think that any witnesses whom the Committeeexamined were explained our proposal that was undercontemplation by the Committee about "Scheduling" of certainareas in some provinces. "Scheduling" has a certain specialmeaning which was not explained to nor known by witnesses atall, not even to Dr. Sachchidananda Sinha. Therefore theycould not distinguish between "Schedule and non-schedule"areas in which Tribes reside. Therefore the statement that,all the witnesses were emphatic that the Chhota NagpurDivision as a whole should be scheduled and that no Districtor territory should be excluded from the "Scheduled States"is incorrect, at any rate, very highly exaggerated.

The Tribal people in Manbhum District form only 33.3per cent. of the total population. In Hazaribagh 27.8 is thesimilar percentage. The Latehar Sub-Division of the PalamauDistrict has been recommended by the Sub-Committee as"Schedule". But in the Sadar Sub-Division the percentageisonly 26.0. Moreover there are very small compact areas inthe two districts mentioned abovce and in the Sadar Sub-Division of palamau District which have a Tribal populationof more than 40 per cent of the total population, the tribalpeople have assimilated themselves with the rest of thepopulation so as to be indistinguishable in those areas. It is not therefore necessary to "schedule" the districts ofManbhum and Hazaribagh and the Sadar Sub-Division of PalamauDistrict for the small percentage of the Tribal people whoare dispersed among the rest of the population, and thus tobrand these 2 1/2 districts as backward.

As has already been shown in the body of the report thearea of

Dudhi Tahsil and parts of Robertsganj are too smallto be made a Scheduled Area. It is a very fantastic proposalto detach this area from the United Provinces and to tag iton to Bihar Province. It requires no argument to say thatthis proposal can form no part of this Committee's proposal.

Chittagong Hill Tracts is a purely 97 per centBuddhistic or non-Muslim area and this Committee would havebeen too glad, had it formed a part of West Bengal but asthe Boundary Commission gave its decision to the contraryand it was accepted by both the Dominions of India andPakistan. The Committee has been very sorry to know thisdecision but the award of the Boundary Commission isunalterable.

A. V. THAKKAR,

Delhi, 25th Sept. 1947.

Chairman.

MINUTE OF DISSENT

The Sub-Committee submitted a provisional report priorto visiting Bihar. While submitting that report I raised aquestion to the effect that all districts of Chhota NagpurDivision and Santhal Pargana should be included as ScheduledAreas. During Bihar tour evidence adduced before the Sub-Committee strongly confirmed my contention that theaforesaid areas deserve to be included as Scheduled Areas.The evidence including that of Dr. Sachchidananda Sinhastrongly support this contention. Inclusion of the aforesaidtracts as scheduled Areas is strongly warranted.

D. N. SAMANTA

The 13th Octo ber,1947.

[Annexure X]

APPENDIX D

Joint Report of the Excluded and Partially Excluded Areas (other than Assam) Sub-Committee and the North East Frontier (Assam) Tribal and Excluded Areas Sub- Committee of the Advisory Committee.

In accordance with the ruling of the Chairman, AdvisoryCommittee, we have held a joint meeting of our two sub-committee. Separate reports have already been submitted byus which in the case of the Assam Sub-Committee containsfinal recommendations, and in the case of the other Sub-Committee is final for the Provinces of Madras, Bombay,Bengal, the Central Provinces and Orissa, and is provisionalfor Bihar, the United Provinces and the Punjab which haveyet to be visited or in respect of which witnesses are yetto be examined. The report of the latter Sub-Committeecontains however the framework of the proposals likely to beadopted finally. Although that report is not final for allProvinces, this joint report is being submitted so that therecommendations could be taken into consideration by theAdvisory Committee, if this is necessary, before the finalreport is available towards the end of September. We wouldfurther point out that the position of the excluded andpartially excluded areas has undergone a change with thecoming into operation of the Indian Independence Act and theadapted Constitution of 1935. Under the Indian IndependenceAct so much of the provisions of the Government of IndiaAct, 1935 as requires a Governor to act in his discretion orexercise his individual judgment ceases to have effect fromthe 15th of August. The partially excluded areas arerepresented in the legislatures, however inadequately, butin the case of the excluded areas the change implies thatthey are brought under the jurisdiction of the Ministrywithout representation in the legislature. Taking intoaccount the past history of these tracts, the needs andsusceptibilities, of the people and other factors, itappears desirable that the Provincial Governments should atleast be aware of our recommendations as soon as possible sothat their policy may be guided thereby even if other stepsare not found necessary in the Constituent Assembly fortheir implementation at an early date. We recommend thatProvincial Governments should be advised to take such actionas the establishment of District Councils and TribalAdvisory Councils as may be possible immediately to giveeffect to the policy recommended by us and to make suchstatutory regulations for this purpose as may be necessary.

2. Coming to the actual recommendations made by the twoSub-Committees, we are of the view that although certainfeatures are common to all these areas, yet thecircumstances of the Assam Hill Districts are so

differentthat radically different proposals have to be made for theareas of this Province. The distinguishing feature of theAssam Hills and Frontier Tracts is the fact that they aredivided into fairly large districts inhabited by singletribes or fairly homogenous groups of tribes with highlydemocratic and mutually exclusive tribal organisation andwith very little of the plains leaven which is so common afeature of the corresponding areas, particularly thepartially excluded areas of other Provinces. The Assam HillDistricts contain as a rule, upwards of 90 per cent oftribal population whereas, unless we isolate small areas,this is generally not the case in the other Provinces. Thetribal population in the other Provinces has moreoverassimilated to a considerable extent the life and ways of the plains people and tribal organisations have in manyplaces completely disintegrated. Another feature is thatsome of the areas in Assam like the Khasi Hills or theLushai Hills, show greater potentialities for quick progressthan tribes in the other Provinces. They may also bedistinguished by their greater eagerness for reform in whichthey have a dominantshare than the apathy shown by the tribals of some otherProvinces. Having been excluded totally from ministerialjurisdiction and secluded also from the rest of the Provinceby the Inner Line system, a parallel to which is not to befound in any other part of India, the excluded areas havebeen mostly anthropological specimens; and thesecircumstances together with the policy of officials who havehitherto been in charge of the tracts have produced anatmosphere which is not to be found elsewhere. It is inthese conditions that proposals have been made for theestablishment of special local councils which in theirseparate hill domains will carry on the administration oftribal law and control the utilisation of the village landand forest. As regards the features common to tribal areasin other Provinces, the Assam hillman is as much in need ofprotection for his land as his brother in other Provinces.He shares the backwardness of his tract and in some partsthe degree of illiteracy and lack of facilities foreducation, medical aid and communications. Provision isnecessary for the development of the hill tracts in allthese matters and we have found it necessary to recommendconstitutional safeguards of various kinds.

3. The differences between Assam and other areas aswell as certain common features have been indicated above.While in Assam the Hill Districts present features of theirown and the Assam Sub-Committee have confined theirrecommendations on the whole to these tracts, it has notbeen possible for the other Sub-Committee to deal with theproblems of the tribes in exactly the same manner. Thespecial features of the hills have been mentioned and theydistinguish almost to the same degree the tribesmen in thehill and the tribesmen in the plains of Assam as they do theregular plains inhabitants. The total population censussedas tribal in the plains of Assam is about 1:5 million out ofwhich possibly some 50 per cent. consists of tea-gardenlabour, drawn in part from other provinces. This portion of the plains tribals is of course a population which hasassimilated in high degree the life of the plains. Thestable population of plains tribals is more or less in thesame position. As regards other Provinces, the degree of assimilation is on the whole greater whether the tribesmanis found in the hills or in the more accessible partsalthough some of the small tribes in the Agency Tracts ofOrissa and madras have hardly come into contact with theplains. In any case their outlook is totally different. Fromthe very manner in which partially excluded areas have beenformed it has not been possible to include large numbers oftribals who are scattered about in the Provincesirrespective of whether their condition was advanced orotherwise. It has been necessary therefore to treat allpersons of tribal origin as a single minority and notseparately as in the case of Assam. In this method oftreatment therefore the recommendations

for other Provincesdiffer radically from the proposals for Assam. The excludedand partially excluded areas however contain considerableconcentrations of tribes people and generally they are inhilly and comparatively inaccessible areas with nocommunications and facilities for the development of thepopulation. Land for them also is a vital factor andprotection of the tribals' land is an essential need. Thefinancial requirements of the Scheduled Areas areconsiderable, and the Centre will have to come to theassistance of certain Provinces at any rate. Thus theessential features of the proposals for the tribals ofProvinces other than Assam are proportionate representationfor the tribals as a whole in the Legislature, thescheduling of certain areas as in need of special attentionand in which the protection of land and the socialorganisation of the tribals is an indispensable need. Tof acilitate the proper administration of the tribes, a TribesAdvisory Council with statutory functions is recommended forthe Provinces of Madras, Bombay, the Central Provinces,Bihar, West Bengal and Orissa, and the application ofprovincial legislation to the Scheduled Areas is linked upwith this Advisory Council.

4. The common proposals for Assam and other Provincesis that of provision of funds by the Centre and a separatefinancial statement in the budget for the Hill Districts(Assam) and the Scheduled Areas (other Provinces). Theinclusion of provisions for the control of moneylenders isanother common feature.

5. We have attached copies of the Appendices* to theseparate reports which indicate the legal provisionsnecessary and a summary(?) of the recommendations of boththe Sub-Committees.

6. We recommended that the plains tribals of Assam(??)should be recognised as a minority and should be entitled toall the privileges of a minority including representation inthe legislatures in proportion to population and in theservices; and that their land should be protected.

7. Subject therefore to the special provisions for therepresentation of the Hill Districts of Assam, all tribalsshould be recognised as a minority for the purposes ofrepresentation in the legislatures and in the services.

G. N. BARDOLOI, Chairman, A. V. THAKKAR, Chairman, N. E. F. (Assam) Excluded & Partially Tribal & Excluded Areas Excluded Areas (Other Sub-Committee. than Assam) Sub-Committee.

Dated New Delhi, the 25th August 1947.

[Annexure XI]

APPENDIX D

Appendix A to Part I of North-East Frontier (Assam) Tribal and Excluded Areas Sub-Committee Report

A. (1) The areas included in Schedule A to this partshall be autonomous districts.

(2) An autonomous district may be divided intoautonomous regions.

(3) Subject to the provisions of Section P theGovernment of Assam may from time to time notify any areanot included in the said schedule as an autonomous districtor as included in an autonomous district and the provisionsof this Part shall thereupon apply to such area as if it wasincluded in the said schedule.

(4) Except in pursuance of a resolution passed by theDistrict Council of an autonomous district in this behalfthe Government of Assam shall not notify any districtspecified or deemed to be specified in the schedule or partof such district, as ceasing to be an autonomous district ora part thereof.

B. (1) There shall be a District Council for each of the areas specified in schedule A. The Council shall havenot less than twenty nor more than forty members, of whomnot less than three-fourths shall be elected by universaladult franchise.

Note. - If adult franchise is not universally adoptedthis provision will have to be altered.

* For the relevant Appendices of the Report of theExcluded and Partially Excluded Areas (other than Assam)Sub-Committee, See pages 33-34 of the original reports. (?) See page 63 of the original report. (??) This means that Tea-garden labour and ex tea-garden labour which consists of tribals from provinces otherthan Assam are excluded.

(2) The constituencies for the elections to theDistrict Council shall be so

constituted if practicable thatthe different tribals or non-tribals, if any, inhabiting thearea shall elect a representative from among their own tribeor group:

Provided that no constituency shall be formed with atotal population of less than 500.

(3) If there are different tribes inhabiting distinctareas within an autonomous district, there shall be aseparate Regional Council for each such area or group of areas that may so desire.

(4) The District Council in an autonomous district withRegional Councils shall have such powers as may be delegatedby the Regional Councils in addition to the powers conferredby this constitution.

(5) The District or the Regional Council may framerules regarding (a) the conduct of future elections, thecomposition of the Council, the office bearers who may beappointed, the manner of their election and other incidentalmatters, (b) the conduct of business, (c) the appointment ofstaff, (d) the formation and functioning of subordinatelocal councils or boards, (e) generally all matterspertaining to the administration of subjects entrusted to itor falling within its powers:

Provided that the Deputy Commissioner or the Sub-divisional officer as the case may be of the Mikir and theNorth Cachar Hills shall be the Chairman ex-officio of theDistrict Council and shall have powers for a period of sixyears after the constitution of the Council, subject to thecontrol of the Government of Assam, to annul or modify anyresolution or decision of the District Council or to issuesuch instructions as he may consider appropriate.

C. (1) The Regional Council, or if there is no RegionalCouncil, the District Council, shall have power to make lawsfor the area under its jurisdiction regarding (a) allotment,occupation or use for agricultural, residential or othernon-agricultural purposes or setting apart for grazing,cultivation, residential or other purposes ancillary to thelife of the village or town, of land other than land classedas reserved forest under the Assam Forest Regulation, 1891or other law on the subject applicable to the district:

Provided that land required by the government of Assamfor public purposes shall be allotted free of cost ifvacant, or if occupied, on payment of due compensation inaccordance with the law relating to the acquisition of land;(b) the management of any forest which is not a reserveforest; (c) the use of canal or water courses for thepurposes of agriculture; (d) controlling, prohibiting orpermitting the practice of jhum or other forms of shiftingcultivation; (e) the establishment of village or towncommittees and councils and their powers; (f) all othermatters relating to village or town management, sanitation,watch and ward.

(2) The Regional Council or if there is no RegionalCouncil, the District Council shall also have powers to makelaws regulating (a) the appointment or succession of chiefsor headmen; (b) inheritance of property; (c) marriage andall other social customs.

D. (1) Save as provided in Section F the RegionalCouncil, or if there is no Regional Council, the DistrictCouncil, or a court constituted by it in this behalf shallhave all the powers of a final court of appeal in respect ofcases or suits between parties, all of whom belong to hilltribes, in its jurisdiction.

(2) The Regional Council, or if there is no RegionalCouncil the District Council may set up village Councils orCourts for the hearing and disposal of disputes or casesother than cases triable under the provisions of SectionF, or cases arising out of laws passed by it in the exerciseof its powers, and may also appoint such officials as may benecessary for the administration of its laws.

E. The District Council of an autonomous district shallhave the powers to establish or manage primary schools,dispensaries, markets, cattle pounds, ferriers, fisheries,roads and waterways and in particular may prescribe thelanguage and manner in which primary education shall beimparted.

F. (1) For the trial of acts which constitute offencespunishable with imprisonment for five years or more or

withdeath, or transportation for life under the Indian PenalCode or other law applicable to the district or of suitsarising out of special laws or in which one or more of theparties are non-tribals, the Government of Assam may confersuch powers under the Criminal Procedure Code or CivilProcedure Code as the case may be on the Regional Councilthe District Council or Courts constituted by them or anofficer appointed by the Government of Assam as it deemsappropriate and such courts shall try the offences or suitsin accordance with the Code of Criminal Procedure or CivilProcedure as the case may be.

(2) The Government of Assam may withdraw or modifypowers conferred on the Regional Council or District Councilor any court or officer under this section.

(3) Save as provided in this section the CriminalProcedure Code and the Civil Procedure Code shall not applyto the autonomous district.

NOTE. - "Special Laws" - Laws of the type of the law ofcontract, company law or insurance etc. are contemplated.

G. (1) There shall be constituted a District orRegional Fund into which shall be credited all moneysreceived by the District Council or Regional Council as thecase may be in the course of its administration or in thedischarge of its responsibilities.

(2) Rules approved by the Comptroller of Assam shall bemade for the management of the Fund by the District orRegional Council and management of the Fund shall be subjectto these rules.

H. (1) A Regional council, or if there is no RegionalCouncil the District Council shall have the following powersof taxation:

(a) subject to the general principles of assessmentapproved in this behalf for the rest of Assam, land revenue(b) poll tax or house tax.

(2) The District Council shall have powers to imposethe following taxes, that is to say (a) a tax onprofessions, trades or calling, (b) a tax on animals,vehicles, (c) toll tax, (d) market dues, (e) ferry dues, (f)cesses for the maintenance of schools, dispensaries orroads.

(3) A Regional Council or District Council may makerules for the imposition and recovery of the taxes withinits financial powers.

I. (1) The Government of Assam shall not grant anylicence or lease to prospect for or extract minerals withinan autonomous district save in consultation with theDistrict Council.

(2) Such share of the royalties accruing from licencesor leases for minerals as may be agreed upon shall be madeover to the District Council. In default of agreement suchshare as may be determined by the Governor in his discretionshall be paid.

J. (1) The District Council may for the purpose ofregulating the profession of moneylending, or trading bynon-tribals in a manner detrimental to the interests of thetribals make rules applicable to the district or any portionof it: (a) prescribing that except the holder of a licenceissued bythe Council in this behalf no person shall carry onmoneylending, (b) prescribing the maximum rate of interestwhich may be levied by a moneylender, (c) providing for themaintenance of accounts and for their inspection by itsofficials, (d) prescribing that no non-tribal shall carry onwholesale or retail business in any commodity except under alicence issued by the District Council in this behalf:

Provided that no such rules may be made unless theDistrict Council approves of the rules by a majority of notless than three fourths of its members:

Provided further that a licence shall not be refused tomoneylenders and dealers carrying on business at the time ofmaking of the rules.

K. (1) The number of members representing an autonomousdistrict in the Provincial Legislature shall bear at leastthe same proportion to the population of the district as thetotal number of members in that Legislature bears to thetotal population of Assam.

(2) The total number of representatives allotted to theautonomous districts which may at any time be specified inSchedule A in accordance with Sub-section (1) of thisSection shall not be taken into account in reckoning thetotal number of representatives to be allotted to the restof the

Province under the provisions of Section .........of the Provincial Constitution.

(3) No constituencies shall be formed for the purposeof election to the Provincial Legislature which includeportions of other autonomous districts or other areas, norshall any non-tribal be eligible for election except in theconstituency which includes the Cantonment and Municipalityof Shillong.

L. (1) Legislation passed by the provincial legislaturein respect of (a) any of the subjects specified in section Cor (b) prohibiting or restricting the consumption of anynon-distilled alcoholic liquor, shall not apply to anautonomous district.

(2) A Regional Council of an autonomous district or ifthere is no Regional Council, the District Council may applyany such law to the area under its jurisdiction, with orwithout modification.

M. The revenue and expenditure pertaining to anautonomous district which is credited to or met from thefunds of the Government of Assam shall be shown separatelyin the annual financial statement of the Province of Assam.

N. There shall be paid out of the revenues of theFederation to the Government of Assam such capital andrecurring sums as may be necessary to enable thatGovernment - (a) to meet the average excess of expenditureover the revenue during the three years immediatelypreceding the commencement of this constitution in respectof the administration of the areas specified in Schedule A;and (b) to meet the cost of such schemes of development asmay be undertaken by the Government with the approval of theFederal Government for the purpose of raising the level of administration of the aforesaid areas to that of the rest of the province.

O. (1) The Governor of Assam may at any time institutea commission specifically to examine and report on anymatter relating to the administration or, generally at suchintervals as he may prescribe, on the administration of theautonomous districts generally and in particular on (a) theprovision of educational and medical facilities andcommunications (b) the need for any new or speciallegislation and (c) the administration of the District orRegional Councils and the laws or rules made by them.

(2) The report of such a commission with therecommendations of the Governor shall be placed before theprovincial legislature by the Minister concerned with anexplanatory memorandum regarding the action taken orproposed to be taken on it.

(3) The Governor may appoint a special Minister for theAutonomous Districts.

P. (1) The Government of Assam may, with the approvalof the Federal Government, by notification make theforegoing provisions or any of them applicable to any areaspecified in Schedule B to this Part, or to a part thereof;and may also, with the approval of the Federal Government,exclude any such area or part thereof from the saidSchedule.

(2) Till a notification is issued under this section,the administration of any area specified in Schedule B or of any part thereof shall be carried on by the Union Governmentthrough the Government of Assam as its agent.

Q. (1) The Governor of Assam in his discretion may, ifhe is satisfied that any act or resolution of a Regional orDistrict Council is likely to endanger the safety of India,annul or suspend such act or resolution and take such stepsas he may consider necessary (including dissolution of theCouncil and the taking over of its administration) toprevent the commission or continuation of such act or givingeffect to such resolution.

(2) The Governor shall place the matter before thelegislature as soon as possible and the legislature mayconfirm or set aside the declaration of the Governor.

R. The Governor of Assam may on the recommendation of acommission set up by him under section N order thedissolution of a Regional or District Council and directeither that fresh election should take place immediately, orwith the approval of the legislature of the province, placethe administration of the area directly under himself or thecommission or other body considered suitable by him, duringthe interim period or for a period

not exceeding twelvemonths:

Provided that such action shall not be taken withoutaffording an opportunity to the District or Regional Councilto be heard by the provincial legislature and shall not betaken if the provincial legislature is opposed to it.

Transitional Provisions

Governor to carry on administration as under the 1935Act till a Council is set up, he should take action toconstitute the first District Council or Regional councilsand frame provisional rules in consultation with existingtribal Councils or other representative organisations, forthe conduct of the elections, prescribe who shall be theoffice bearers etc. The term of the first Council to be oneyear.

GOPINATH BARDOLOI, (Chairman) J. J. M. NICHOLS-ROY. RUP NATH BRAHMA. A. V. THAKKAR.

Schedule B

The Khasi and Jaintia Hills District excluding the town of Shillong. The Garo Hills District. The Lushai Hills District. The Naga Hills District. The North Cachar Sub-division of the Cachar District. The Mikir Hills portion of Nowgong and Sibsagar District excepting the mouzas of Barpathar and Sarupathar.

Schedule B

The Sadiya and Balipara Frontier Tracts. The Tirap Frontier Tract (excluding the Lakhimpur Frontier Tract). The Naga Tribal Area.

[Annexure XII]

APPENDIX D

SUMMARY OF RECOMMENDATIONS OF THE ASSAM SUB-COMMITTEE

District Councils should be set up in the HillDistricts (see Section B of Appendix A) with powers oflegislation over occupation or use of land other than landcomprising reserved forest under the Assam Forest Regulationof 1891 or other law applicable. This is subject to theproviso that no payment would be required for the occupationof vacant land by the Provincial Government for publicpurposes and private land required for public purposes bythe Provincial Government will be acquired for it on paymentof compensation [Para. *9 - Section C (1) Appendix A.]

2. Reserved forests will be managed by the ProvincialGovernment in questions of actual management including theappointment of forest staff and the granting of contractsand leases, the susceptibilities and the legitimate desiresand needs of the Hill People should be taken into account[Para. *10].

3. On account of its disastrous effects upon theforest, rainfall and other climatic features, jhuming shouldbe discouraged and stopped wherever possible but theinitiative for this should come from the tribes themselvesand the control of jhuming should be left to the localcouncils [Para. *11 and Section C of Appendix A].

4. All social law and custom is left to be controlledor regulated by the tribes. [Para. *12 and Section C (2) of appendix A]. All criminal offences except those punishablewith death, transportation or imprisonment for five yearsand apwards should be left to be dealt with in accordancewith local practice and the Code of Criminal Procedure willnot apply to such cases. As regards the serious offencespunishable with imprisonment of five years or more theyshould be tried henceforth regularly under the CriminalProcedure Code. To try such cases, powers should beconferred by the Provincial Government wherever suitableupon tribal councils or courts set up by the districtcouncils themselves.

All ordinary civil suits should be disposed of bytribal courts and local councils may have full powers todeal with them including appeal and revision.

Where non-tribals are involved, civil or criminal casesshould be tried under the regular law and the ProvincialGovernment should make suitable arrangements for theexpeditious disposal of such cases by employing circuitmagistrates or judges. [Para. *12 - Section D & F of AppendixA].

5. The District Councils should have powers ofmanagement over primary schools, dispensaries and otherinstitutions which normally come under the scope of localself-governing institutions in the plains. They should havefull control over primary education. As regards secondaryschool education, there should be some integration with thegeneral system of the province and it is left open to theprovincial Government to entrust local councils

withresponsibility for secondary schools wherever they find thissuitable. [Para. *13 and Section E of Appendix A].

For the Mikir and North Cachar Hills the District orSub Divisional Officer, as the case may be should be ex-officio President of the local council with powers, subjectto the control of the Government of Assam, to modify orannul resolutions or decisions of the local councils and toissue such instructions as may be necessary. [Para. *13 andSection B (5) of Appendix A].

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* References to paras, sections and appendices are toparas., sections and appendices in the original reports.

6. Certain taxes and financial powers should beallocated to the councils. They should have all the powerswhich local bodies in regulation districts enjoy and inaddition they should have powers to impose house tax or polltax, land revenue and levies arising out of the powers ofmanagement of village forest. [Section *H of Appendix A andPara. 14 (a)].

Statutory provision for a fixed proportion ofprovincial funds to be spent on the hill districts is notconsidered practicable. A separate financial statement foreach hill district showing the revenue derived from thedistrict and the expenditure proposed on it is recommended.The framing of a suitable programme of development should beenjoined either by statute or by Instrument of Instructions.[Section *M of Appendix A and Para. 14 (b)].

It is quite clear that the urgent requirements of thehill districts by way of expenditure on development schemesare beyond the resources of the Provincial Government. Thedevelopment of the hill districts should be as much theconcern of the Federal Government as the ProvincialGovernment. Financial assistance should be provided by theFederation to meet the deficit in the ordinaryadministration on the basis of the average deficit duringthe past three years and the cost of development schemesshould also be borne by the Central Exchequer [Section *N of appendix A and Para. 14 (c)].

The claims of the hill district councils for assistancefrom general provincial revenues to the extent that they areunable to raise the necessary finances within their ownpowers is recognised [Para. *16 (d)].

7. If local councils decide by a majority of three-fourths of their members to license moneylenders or tradersthey should have powers to require moneylenders andprofessional dealers from outside to take out licences.[Para. *15 and Section J of Appendix A].

8. The management of mineral resources should becentralised in the hands of the Provincial Government butthe right of the district councils to a fair share of therevenues is recognised. No licence or lease shall be givenby the Provincial Government except in consultation with thelocal Council. If there is no agreement between theProvincial Government and the district council regarding theshare of the revenue, the Governor will decide the matter inhis discretion [Para. *16 and Section I of Appendix A].

9. Provincial legislation which deals with the subjectsin which the hill councils have legislative powers will notapply to the hill districts. Legislation prohibiting theconsumption of non-distilled liquors like Zu will also notapply; the district council may however apply thelegislation [Para. *17 and Section L of Appendix A].

10. It is necessary to provide for the creation ofregional councils for the different tribes inhabiting anautonomous district if they so desire. Regional councilshave powers limited to their customary law and themanagement of lands and villages and courts. Regionalcouncils may delegate their powers to the district councils[Para. *18 and Section B (4) of Appendix A].

11. The Governor is empowered to set aside any act orresolution of the council if the safety of the country isprejudiced and to take such action as may be necessaryincluding dissolution of the local councils subject to theapproval of the legislature. The Governor is also givenpowers to dissolve the council if gross mismanagement isreported by a commission [Para. *19 and Section Q and R of appendix A].

12. The Central Government should continue toadminister the Frontier Tracts and Tribal Area with theGovernment of Assam as its agent until

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* References to paras., sections and appendices are toparas., sections and appendices in the original reports.

administration has been satisfactorily established over asufficiently wids area. Areas over which administration hasbeen satisfactorily established may be taken over by theProvincial Government with the approval of the FederalGovernment [Section *P of Appendix A and Para. 20 (a)].

The pace of extending administration should be greatlyaccelerated and separate officers appointed for the LohitValley, the Siang Valley and the Naga Tribal Area [Para. *20(a)].

The Lakhimpur Frontier Tract should be attached to theregular administration of the district. The case of theportion of the Lakhimpur Frontier Tract recently included inthe Tirap Frontier Tract should be examined by theProvincial Government with a view to a decision whether itcould immediately be brought under provincialadministration. A similar examination of the position in theplains portions of the Sadiya Frontier Tract is recommended.The portion of the Balipara Frontier Tract around Charduarshould also be subject to a similar examination [Para. *20(b)].

Posa payment should be continued [Para. *20 (c)].

13. The excluded areas other than the Frontier Tractsshould be enfranchised immediately and restrictions on thefranchise in the Garo and Mikir Hills should be removed andadult franchise introduced [Para. *21 (a) and Section B (1)of Appendix A].

Weightage is not considered necessary but the hilldistricts should be represented in the provinciallegislature in proportion not less than what is due on theirpopulation even if this involves a certain weightage inrounding off. The total number of representatives for thehills thus arrived at [See Para. *21 (b)] should not betaken into account in determining the number ofrepresentatives to the provincial legislature from the restof Assam [Para. *21 (b) and Section K or Appendix A].

The total population of the hill districts justifies aseat for the hill tribes in the Federal Legislature on thescale proposed in Section 11 (c) of the Draft UnionConstitution [Para. *21 (c)].

Joint electorate is recommended but constituencies areconfined to the autonomous districts. Reservation of seats,in view of this restriction, is not necessary [Para. *21 (d)and Section K (3) of Appendix A].

Non-tribals should not be eligible for election fromhill constituencies except in the constituency whichincludes the Municipality and Cantonment of Shillong [Para.*21 (e) and Section K (8) of Appendix A].

14. Representation for the hills in the Ministry shouldbe guaranteed by statutory provision if possible or at leastby a suitable instruction in the instrument of Instructionsor corresponding provision [Para. *22 - See also Section O(3) of Appendix A].

15. Non-tribal officials should not be barred fromserving in the hills but they should be selected with careif posted to the hills. The appointment of a due proportionof hill people in the services should be particularly keptin mind and provided for in rules or executive instructionsof the Provincial Government [Para. *23].

16. A commission may be appointed at any time orpermanently to enable the Government to watch the progressof development plans or to examine any particular aspects of the administration [Para. *24 and Section O (i) of AppendixA].

17. Plains tribals number 1.6 million. Their case forspecial representation and safeguards should be consideredby the Minorities Sub-Committee. [Para. *25].

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* References to paras., sections and appendices are toparas., sections and appendices in the original reports.

18. The question of altering boundaries so as to bringthe people of the same tribe under a common administrationshould be considered by the Provincial Government. TheBarpathar and Sarupathar Mouzas included in the Mikir Hillsshould be included in the regularly administered

areashenceforth [Para. *26].

19. Non-tribal residents may be provided withrepresentation in the local councils if they aresufficiently numerous. For this purpose non-tribalconstituencies may be formed if justified and if thepopulation is not below 500 [Para. *27 and Section B (2) of appendix A].

20. Provincial councils should be set up by theGovernor of Assam after consulting such local organisationsas exist. These provisional councils which will be for oneyear will have powers to frame their own constitution andrules for the future [Para. *29 and Transitional Provisionsof Appendix A also].

[Annexure XIII]

APPENDIX D

SCHEDULE 13 TO GOVERNMENT OF INDIA (PROVINCIAL LEGISLATIVE ASSEMBLIES) ORDER, 1936

BACKWARD TRIBES

PART V - ASSAM

The following Tribes and Communities: -

1. Kachari. 9. Deori.

2. Boro or Boro-Kachari. 10. Abor.

3. Rabha. 11. Mishmi.

4. Miri. 12. Dafla.

5. Lalung. 13. Singpho.

6. Mikir. 14. Khampti.

7. Garo. 15. Any Naga or Kuki tribe.

8. Hajong. 16. Any other tribe or comm for the time being des- ignate of by the Governor in his discretion.

[Annexure XIV]

APPENDIX D

General Summary of the Reports of the Excluded & Partially Excluded Areas (other than Assam) Sub-Committee and the North-East Frontier (Assam) Tribal and Excluded Areas Sub-Committee [including the Final Report of the E. & P. E. Areas (other than Assam) Sub- Committee.]

I In provinces other than Assam, with the exception of the Laccadive Islands of Madras and the Spiti and Lahoularea of Punjab, there are no excluded areas. In both of these excluded areas the population is not ethnicallytribal. In the Laccadive Islands the islanders are Muslimsof the same stock as the Moppillahs of Malabar. In Minicoythey are

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* References to paras, and sections are to paras, andsections in the original reports.

believed to be of Sinhalese origin. In Spiti and Lahoul theinhabitants are of Tibetan origin. In the remainingpartially excluded areas of provinces other than Assam theprincipal tribes to be found are Santal, Gond, Bhil, Munda,Oraon, Kondh, Ho and Savara. Many minor tribes like Korku,Pardhan, Ko, Bhumij, Warli also inhabit the areas. The totalpopulation* of all the tribes, excluding Assam, is about 131/2 millions of which approximately 8 millions inhabit thepartially excluded areas. With the exception of certainsmall tribes like the Bonda Porja and the Kutia Kondh ofOrissa, all the remaining tribes have experienced varyingdegrees of sophistication and come into contact with peopleof the plains and advanced tracts. Although the tribalsliving in the non-excluded areas are often hard todistinguish from the plains people among whom they live,they are generally in a backward condition which issometimes worse than the condition of the scheduled castes.It is not possible therefore to leave them out ofconsideration on the ground that only the tribes in thepartially excluded areas need attention. All the tribes ofprovinces other than Assam, whether living in the plains orin the partially excluded tracts, should, as one whole betreated as a minority. As regards Assam, conditions in thehill districts of which the Naga Hills, the Lushai Hills andthe North Cachar Hills have been excluded are or a totallydifferent footing and the atmosphere, particularly in theseexcluded areas, is one which is not to be found elsewhere.These areas must therefore be treated separately from therest. As regards plains tribals the total number of whom,including Sylhet, comes to approximately 1.5 millionaccording to census figures, about seven lakhs are tea-garden labour from various parts of the country [notincluded in the schedule B to the Government of India(Legislative Assemblies Order) 1936] are not to be takeninto account as tribes of Assam. The tribal population of the excluded and partially excluded area comes to about 81/2 lakhs. In Assam there are in addition the frontiertracts and tribal areas in which conditions of settled administration prevail only to a very small extent and largeareas cannot be

said to be under regular administration atall. Even now, in the northern frontier tracts, Tibetan tax-collectors make inroads and, in the Naga tribal area still involves contact with foreign States and problems of defence.

2. The areas inhabited by the tribes, whether in Assamor elsewhere, are difficult of access, highly malarial andinfested also in some cases by other diseases like yaws andvenereal disease and lacking in such civilizing facilitiesas roads, schools, dispensaries and water supply. The tribesthemselves are for the most part extremely simple people whocan be and are exploited with ease by plainsfolk resultingin the passage of land formerly cultivated by them to money-lenders and other erstwhile non-agriculturists. While a goodnumber of superstitions and even harmful practices areprevalent among them the tribes have their own customs andway of life with institutions like tribal and villagepanchayats or councils which are very effective in smoothingvillage administration. The sudden disruption of the tribalscustoms and ways by exposure to the impact of a morecomplicated and sophisticated manner of life is capable ofdoing great harm. Considering past experience and the strongtemptation to take advantage of the tribals simplicity andweaknesses it is essential to provide statutory safeguardsfor the protection of the land which is the mainstay of theaboriginal's economic life and for his customs andinstitutions which, apart from being his own, containelements of value. In making provisions however allowancecould be made for the fact that in the non-

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* Including Assam, the total population of the tribesin the provinces is 15.9 millions.

excluded areas the tribals have assimllated themselves inconsiderable degree to the life of the people with whom theylive and the special provisions concerning legislation inparticular are therefore proposed largely for the scheduleareas [provinces other than Assam; see page *33 of thisvolume] and the autonomous districts [(Assam) Para. *13 ofReport and Section *A of Appendix A on p. 19 of Report].

3. Although in the case of the autonomous districts of assam a distinction has been made, the proposals in the maincontemplate that tribals should be treated as a minority inthe matter of representation in the legislatures andrecruitment to the various services of the Central andProvincial Governments. In the case of the tribals ofprovinces other than Assam reserved representation in theprovincial and Federal Legislatures (House of the People) inproportion to the total tribal population of the Province isrecommended by joint electorate. In the case of Assamsimilar reservation of representation for the plains tribals(excluding tea-garden labour) is recommended. In the case of the hill districts, in view of their small and exclusivepopulations it is recommended that representation should beprovided in proportion to the population out in such a waythat all fractions of a lakh are taken as one lakh eventhough this might involve a small weightage. In the FederalLegislature (House of the People) the autonomous hilldistricts should have a representative. The plains tribalsshould have representation in the House of the People alsoon the basis of their population. In all cases election byadult franchise is recommended and indirect election ornomination should not be resorted to. There should bespecial representation as follows: -

Laccadive Group - 1.

Amindivi Group - 1.

Minicoy Island - 1.

Lahaul & Spiti - 1.

(Para. *9 of Interim Report of Other Than Assam Sub-Committee and Para. *21 of Assam Sub-Committee Report; seealso Para. 6 of Joint Report).

Non-tribals will not be eligible for elections fromhill constituencies to the provincial legislature except theconstituency which includes the municipality of Shilling[Para. *21 (e) and Sec. K (8) of App. A of Assam Report].Constituencies may not be so made as to extend outside theboundaries of autonomous districts [Para. *21 (d) and Sec. K(3) or App. A, Assam Report].

4. There should be a department

under the FederalGovernment in order to supervise and watch the developmentof the tribals in the different provinces and to furnishsuch advice and guidance as may be needed [Para. *5 of FinalReport of Other Than Assam Sub-Committee].

5. The areas inhabited by the tribes are hilly anddifficult country, to develop which is likely to be beyondthe resources of some Provincial Governments. The Federationshould therefore provided the necessary funds for theexecution of approved schemes of development [Para. *17 ofInterim Report and Sec. *I & K (2) of App. C of Other ThanAssam Sub-Committee, also para. *14 (c) and Sec. N of App. Aof Assam Sub-Committee Report]. In the case of Assam, theFederation should also meet the average deficit of theautonomous districts during the three years preceding thecommencement of the Constitution [Para. *14 (c) and Sec. *Nof App. A of Assam Report].

6. The Central Government should also be in a positionto require the Provincial Governments to draw up and executeschemes for the scheduled areas [Para. *17 of Interim Reportand Sec. I & K (2) of App. C of Other Than Assam Sub-Committee].

7. The Federal Government should institute a specialcommission after ten years to enquire into the progress of the scheduled areas and the tribes [Para. *16 and Sec. K (1)of App. C of Other Than Assam Sub-Committee Report].

8. In provinces other than Assam, excepting the U. P.and the Punjab, a Tribes Advisory Council containing, to theextent of three-fourths of its membership, elected membersof the provincial legislatures is recommended. The Councilshall have not less than ten or more than twenty-fivemembers [Para. *15 and Sec. J of App. C of Other Than AssamSub-Committee Report]. For U. P. and the Punjab an advisorycommittee containing representatives of the tribal orbackward class concerned to the extent of two thirds isrecommended [Paras. *3 & 4 of Final Report; see also para.*18 of this Summary for details of U. P. Committees]. ForAssam there is provision for the Governor to appoint eithera permanent or an ad hoc commission to report or keep theGovernment in touch with the administration of theautonomous districts [Para. *24 & Sec. O (1) of App. A of assam Sub-Committee Report].

9. The hill districts of Assam are to be designated asautonomous districts and special district councils should beset up for each of them. The district councils will havepowers of legislation over (a) occupation or use of landother than land comprising reserved forest, (b) themanagement of forest other than reserved forest, (c) the useof canals and water courses for the purposes of agriculture,(d) control of jhum cultivation, (e) establishment ofvillage and town committees and (f) village management ingeneral. Reserved forests will be managed by the ProvincialGovernment [Paras. *9 to 13 of Assam Sub-Committee Report].

The district council will have powers of management of all institutions which normally come under the scope oflocal self-government in the plains and will have fullcontrol over primary education [Para. *13 and Sec. E of App.A of Assam Sub-Committee Report].

The district council will have powers to make lawsaffecting (a) appointment and succession of Chiefs, (b)inheritance of property councils [Para. *18 & Sec. B (3) of app. A of Assam Sub-Committee Report].

District councils and regional councils can set upcourts with full powers to deal with all civil suits otherthan those arising out of special laws and offencespunishable under the Penal Code with imprisonment of lessthan five years in accordance with local or tribal customexcept where non-tribals are involved. (Para. *12 & Sec. D &F. of App. A of Assam. Sub-Committee Report).

Where there are different tribes in a district and theywish to manage their own affairs regional councils may beset up. Regional councils have powers limited to theircustomary law and the management of land-villages andcourts. Regional councils may delegate their powers todistrict councils [Para. *18 & Sec. B (3) of App. A of AssamSub-Committee Report].

-----------------------------------

* References to paras., sections and pages are toparas., sections and pages in the original reports.

The district and regional councils (Assam HillDistricts) will have powers to levy land revenue, house taxor poll tax and other taxes levied by local self-governinginstitutions in the plains [Para. *14 (a) & Sec H of App. Aof Assam Sub-Committee Report]. They should be assisted byprovincial grants where necessary [Para. *14 (b) of AssamReport].

The District or Sub-divisional officer, as the case maybe, will be exofficio President of the district council of the Mikir and North Cachar Hills.

10. The district council shall be an elected body withnot less than 20 or more than 40 members of whom not lessthan three-fourths shall be elected by universal adultfranchise. Separate constituencies to be formed for separatetribes, with a population of not less than 500. Non-tribalresidents of autonomous districts, if their population isnot below 500, may be formed into a separate constituencyfor election to the district council [Para. *27 and Sec. B(1) & (2) of App. A of Assam Report].

11. In matters relating to land (provinces other thanAssam), social customs and village management, if the TribesAdvisory Council advises that any law passed by theprovincial legislature should not be applied to a scheduledarea the Provincial Government shall direct accordingly. TheProvincial Government shall have powers to direct that anyother legislation shall not apply to the scheduled areas onthe advice of the Council [Para. *9 & 10 and Sec. E of App.C of Other Than Assam Sub-Committee Report].

In the case of Assam legislation on these matters isleft to the district council and provincial laws will notapply unless the district council applies them with orwithout modifications. Legislation prohibiting theconsumption of non-distilled liquors will also not applyunless the district council applies it [Para. *17 & Sec. Lof App. A of Assam Sub-Committee Report].

12. If the Tribes Advisory Council so advises,moneylenders in scheduled areas should not be permitted tocarry on business except under a licence [Para. *26 & Sec. Gof App. C of Other Than Assam Sub-Committee Interim Report].

In Assam the district council should have powers totake action to license moneylenders and non-tribal tradersif the rules are approved by a majority of three-fourths of their members; this is to prevent the practice of theseprofessions by non-tribals in a manner detrimental to theinterests of tribals [Para. *15 and Sec. J of App. of AssamSub-Committee Report].

13. Allotment of waste land in a scheduled area shouldnot be made to non-aboriginals except in accordance withrules made by the Provincial Government in consultation withthe Tribes Advisory Council [Para. *25 and Sec. F of App. Cof Other Than Assam Sub-Committee Report].

14. Mineral resources in the autonomous districts of assam will be managed by the Provincial Government but thedistrict councils will be entitled to a share of therevenue. Licences or leases shall not be given out except inconsultation with the district council [Para. *16 and Sec. Iof App. A of Assam Report].

15. The Governor of Assam should be empowered to setaside any act or resolution of a district council if thesafety of the country is prejudiced; he should also havepowers to dissolve a council if gross mismanagement isreported by the commission [Para. *19 and Sec. Q & R of App.A of Assam Sub-Committee Report].

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* References to pages, paras. and sections are topages. paras. and sections in the original reports

In provinces other than Assam the Governor should havethe special responsibility to see that schemes ofdevelopment are drawn up and implemented. This should beenjoined on him by instructions [Para. *18 of Other ThanAssam Report].

16. The Central Government should continue toadminister the frontier tracts and tribal areas with theGovernment of Assam as its agent until administration hasbeen satisfactorily established over a sufficiently widearea. Areas over which

administration has beensatisfactorily established may be taken over with theapproval of the Federal Government [Section *P of App. A andPara. 20 (a) of Assam Sub-Committee Report].

Provincial Governments (other than Assam) should havepowers to make special regulations for the trial of pettycriminal and civil cases in scheduled areas, with a view tosimplify procedure [Section *M of App A of Other Than AssamReport].

17. The estimated revenue and expenditure pertaining toa scheduled area or an autonomous district should be shownseparately in the provincial budget [Para. *18 & Section Hof App. C of Other Than Assam Sub-Committee Report and Para.*14 (b) and Section M of App. A of Assam Sub-CommitteeReport].

18. There shall be a separate Minister for tribalwelfare in the C. P., Orissa and Bihar [Para. *20 & SectionL of App. C of Other Than Assam Sub-Committee Report]. InAssam representation for the hill people in the Ministryshould be guaranteed by statutory provision of possible orat least by a suitable instruction in the instrument ofInstructions [Para. *22; see also Section O (3) of App. A of assam Sub-Committee Report].

19. For the partially excluded areas of the U. P. anadvisory committee consisting of tribals or backward peopleto the extent of two-thirds of its membership, provision toprevent the transfer of land from the aboriginals to non-aboriginals, (except with special permission) forregulations for the trial of petty civil and criminal casesby simple procedure, is recommended. The revenue andexpenditure of the area should be shown separately in theprovincial budget and there should be a seat reserved in theprovincial assembly for a tribal from the partially excludedarea of the Mirzapur District. There should also beprovision for the Federal Government to call for reportsfrom the Provincial Government regarding the administrationof the areas.

Parallel provisions are recommended for Spiti & Lahoul(E. Punjab) which should have one seat in the provinciallegislature. (Paras *3 & 4 of Final Report of Other ThanAssam Sub-Committee).

II OTHER RECOMMENDATIONS

20. Tribal panchayats should be encouraged whereverpossible. (Para *22 of Interim Report Other Than Assam Sub-Committee). Shifting cultivation should be discouraged[Para. *23 of Interim Report of Other Than Assam Sub-Committee & Para. *11 of Assam Sub-Committee Report].Temperance propaganda should be carried on as part of tribalwelfare work [Para. *24 of Other Than Assam Sub-CommitteeReport].

21. Tribals should be recruited in due proportion toall Government services. Non-tribals posted to tribal areasshould be selected with care [Para. *25 of Assam Report andPara. 21 of Other Than Assam Report].

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* References to appendices, paras. and sections are toappendices, paras. and sections in the original reports.

Special attention should be paid to the recruitment oftribes to the Armed Forces of India [Para. *6 of FinalReport of Other Than Assam Sub-Committee].

22. The abolition of the powers of Supurdars (Dudhiarea of Mirzapur District, U. P.) to accept surrender andmake a reallotment of land is recommended. The system ofSayanas in Jaunsar Bawar (U. P.) should be abolished andrevenue collected through officials.

23. A general review of the powers and functions of ancient systems of village or tribal headmen should beundertaken with a view to removing the grievances of tribalsand the abolition of oppressive powers and general reform[Para. *7 of Final Report of Other Than Assam Sub-Committee].

24. Provincial Governments should utilise the servicesof approved non-official organisations doing welfare workamong the tribals, with a view to adding to the volume ofdevelopment work, by giving them grants-in-aid [Para. *8 ofFinal Report of Other Than Assam Sub-Committee].

25. It should be made compulsory for officials postedto aboriginal tracts to obtain a working knowledge of thelocal language within a reasonable period.

26. Posa payments to the frontier tribes should becontinued [Para. *20 (c) of Assam Sub-Committee

Report].

The pace of extending administration in the frontiertracts should be greatly accelerated and additional officersappointed where necessary [Para. *20 (a) of Assam Sub-Committee Report].

The Provincial Government should undertake anexamination of the position in the frontier tracts with aview to taking a decision whether any portion could be takenimmediately by it under provincial administration [para. *20(b) of Assam Sub-Committee Report].

NOTE. - The contents of Appendix A of the Assam Report[page 19] and of Appendix *C [page 33] of this volume mustbe studied for a full picture of the constitutionalprovisions recommended. [See also pages *300 - 32 forSchedule of tribes.]

* References to pages, paras. and sections are topages, paras. and sections in the original reports.