Roadmap for Gorkhaland

Roadmap for Gorkhaland : Arguments based on successive Government of India Acts Reforms Process
Govt. of India Acts since 1773 (administrative reforms process actually defines regional identity of Darjeeling hill people as well as the entire northeast region of India): 
  The Govt. administrative reforms process is directly related to the specific governance of the region, in this case the Darjeeling hills, and that the successive and corresponding reforms chronologically detailed hereafter is said to describe the specific identity of the people in relation to the landmass of the sub Himalayan region east of Bengal. This researchative endorsements are self evidential documental expressions which needs to be placed in the draft memorandum of the political parties demanding statehood for the Darjeeling hills and adjoining plains.

This is the most critical factor, above all supporting premises (then the multifarious reasons spoken over the mike in public meetings), rather the only argument to demand for a statehood peculiar to the history and context to West Bengal. This primeval factor, regretfully, has somehow been missed out, lost, as well as misinterpreted. It now requires to be minutely observed, deliberated upon and analytically expressed, and contained in the draft memorandum in demanding statehood for Darjeeling and to be tabled before the Tripartite meeting in Delhi. The submission of the few pages of Govt. acts and the descriptive interpretation will go on record, once and for all, to fulfill the criterias, being the provisions under the Constitution of India and under the applicable schedules. This draft memorandum will be the broad roadmap towards achieving the contemplated statehood.

This chief factor (namely the inherent regional identity) although being the most glaring and evident has been missed out, practically by the representatives of the hill peoples successively since 1907. Rai Bahadur and the Hillmen’s Association instead of showcasing the inherent ‘backwardness’ of the people in context to the geophysical location of the region, relegated this prime cause to the background while instead showcausing the forwardness of the hill community.  This is not true even in present times, if one contrasts the Darjeeling hills to mainstream Indian development and progress. Even the other contemporary political parties failed to realize the backwardness as the chief issue in expressing demands for separation from Bengal. To wit, both the CPI and the All India Gorkha League argued on other factors in claiming separateness from Bengal, except the backwardness factor. Subhas Ghissing too, made the same blunder in rejecting the backwardness of the Darjeeling hill peoples, expressing only identity by incorporating the word Gorkha in the Darjeeling Hill Council, and accepting dedicated administrative powers from Writers Building. Subhas Ghissing, in order to show the progressive character of the hill people even went to the extent of describing that the Darjeeling hill people cannot be compared to the Nagas, running around practically naked (whereas in Nagaland the literacy rate is probably higher than Darjeeling, compliments the Christian missionaries who came over the seas to preach their religion as well as building their educational infrastructure, thereby uplifting the Naga tribes).                       

1.    Inner Line Permit (socio-physical regional identity):  In actual placement, the British having noted the exclusive and inclusive backwardness of the hill peoples in similarity with the characteristics of the northeast region, administrative laws and regulations were primarily to protect the backward indigenous population from their more forward, dominant and advancing counterparts from the rest of India. Earlier Darjeeling district was under the Govt. of India provided foreign tourist entry restriction regulations such as the Inner Line Permit [ILP] (practically applicable to all the states and regions of the northeast), which provision was lifted for Darjeeling District more than a decade ago to facilitate easy foreign tourist entry while endeavoring to promote tourism. Kalimpong was further protected besides the ILP, by an additional entry permit for foreigners known as the Restricted Area Permit [RAP] (known as Kalimpong State Permit). While Darjeeling Dist in West Bengal has withdrawn the strictly restricted foreigners permit system, the northeast states adamantly refused to lift the foreigner’s entry permits, primarily to target restrictions for immigrating populations from the bordering countries of Nepal, Bangladesh as well as from Burma.

In fact, the application of this RAP into Assam and Meghlaya for foreign Nepalese restricted from entry was used by Subhas Ghissing to foment his political adventurism of Gorkhaland under the political banner of Gorkha National Liberation Front (GNLF). Ghissing went about ranting mistreatment of Indian ethnic Nepali speaking people, whereas, in actual fact, the Nepalese evicted from the ILP areas were Nepal nationals being disallowed from breaking the ILP regulations. Inspite of the 1950 Indo Nepal Friendship Treaty, wherein entry and exit of either national are free from any encumbrances between the two countries, however, entry of foreign Nepal nationals are clubbed with all foreign nationals into the entry permit regulated states (most of the northeastern states). The Nepali national immigrating labour force mostly consisting of uneducated and poor are least aware of the implications of the entry restriction permits, and hence the confusion in mistaken identity of immigrant Nepali nationals from Nepali Indians. It is probable to assert that even Subhas Ghissing was unaware of the implications of the entry permits, or that, he was fully aware of the said restrictions but intentionally applied its repercussions to the beat of his Gorkhaland mantra, which overnight lifted him to power and ruled the Darjeeling hills continuously for over two decades, having risen to political prominence by exciting the sentiments of the Darjeeling hill people, misusing the episode in Assam and Meghlaya border.

In order to prove the chronological events of British administrative provisions safeguarding the distinct ethnical features of the entire northeast population including Darjeeling dist (wherein Bhutan Duars formed an ethno-geographical extension to the borders of Assam and further), the various British Govt. of India Acts stated below will support the chronological evidence of the British ruler’s intention to protect the backward ethnic population by providing exclusivity of rules and regulations for the  provincial administration.                                                                                                                                                                                                      
 
2.     Govt. of India Acts since 1773 (socio-economic regional identity): The history of the exclusiveness of certain areas of the British India Company goes back in time. Briefly, the victories of (1751-60 of Robert Clive over the French made the company dominant in India, and by a Treaty of 1765 assumed control of the administration of Bengal). Revenues from Bengal were used for trade and for personal enrichment. To check the exploitative practices of the Company and to gain a share of revenues, the British Govt. intervened and passed the Regulating Act of 1773, by which a Governor General of Bengal (appointment subject to Govt. approval) was given charge of all the companies’ possession in India. Warren Hastings, the first Governor General laid the administrative foundation for subsequent British consolidation and rule. By the East India Act of 1784 the Govt. assumed more direct responsibility for British activities in India, by setting up a board of control for India. Although the Company continued to control Company policy and less administration, the British govt. increasingly became the effective ruler of India; Parliamentary Acts of 1813 & 1833 ended the Company’s trade monopoly. Finally after the mutiny of 1857-58, the Govt. assumed direct control and the East India Company was dissolved.

The reference of Darjeeling, describing it as a Non-Regulated province prior to 1861 expresses the administrative view that the Regulating Act of 1773, applied only exclusively, and Govt. of India Acts and Provincial regulations did not automatically come into force unless specifically extended to the area. Under this administrative setup, the Governor General was endured with the power of adopting legislation and executive orders for the Non-Regulated provinces.

Quote V.Khawas ‘Although, the district was included under the general regulation system for a brief period of 1861-70, on account of certain reasons(like the desirability of the preservation of indigenous system of land tenures which would break up if subjected to normal processes of litigation under civil courts without knowledge or experience of them; and the necessity of formulating simple laws conforming to the native institutions keeping in view the simplicity of the people of the area), the Act of 1870 once again took it out of the regulation system’, whereby the Governor General was allowed to legislate separately for such ‘Backward Tract’ which provisions were extended to what constituted Assam from January 1873, before the Chief Commissionship of Assam in 1874, under the Scheduled District Act of 1874 ( also called the Local Laws Extent Act), the ‘Backward Tracts’ became the Scheduled Districts.

Scheduled District:- The population of India being far from homogenous is supplemented by people of great differences of race, creed and language not to mention the great differences of civilization and culture. Under such circumstances there would be many segments of the population for whom a modern representative system of govt. will prove to be wholly unsuited. The fact, there are considerable tracts in India inhabited by people of such kind who require a simple form of govt. and that has been proposed and recognized for a very long time past. In order to abridge this administrative anomaly in the year 1874, was passed the Scheduled District Act, an Act to enable a clear declaration of law to be made – of the law, that is to say which was enforced in those parts of India (quoting from the wording of the statuette): has never been brought within, or had from time to time been removed from, the operation of the General Acts and Regulations and the jurisdiction of the Ordinary Courts of Judicature. One of the main results of the Act was to exclude such districts from the direct control of the legislatures, both central and provincial.         

Quote V.Khawas, ‘such administrative set up for the Darjeeling District that was considered as the less advanced district was only for a short period of time from 1870-74. Along with such other districts the district was bought under the purview of the Scheduled Districts Act, 1874. As per the provisions of the Act, in the listed districts the normal legislations and jurisdiction were in force only in part or with modification if necessary of any enactment in force at the time in any part of British India. The Act specified five district including Darjeeling of the then Bengal and others elsewhere to be described as the Scheduled districts’. Viz. (i).Jalpaiguri Darjeeling {Subs. by Act 12 of 1891, for “Divisions’} [Districts], (ii).hill tracts of Chittagong (now in Bangladesh) (iii).the Santhal Parganas (iv). the Chutai (Chota) Nagpur division (v). the Mahals of Angul  and Bankir.    
    
Backward Tracts:- The administrative arrangements laid down for the Scheduled districts, including the district of Darjeeling remained unchanged for quite a long period, neither the Indian Council Act of 1909 bring about any changes in that respect. However, when the Constitution was set up under the Govt. of India Act of 1919, although retaining almost all the provisions provided for the Scheduled District and their respective administration, clubbed all the Scheduled Districts under a new terminology, ‘the Backward Tracts’. The Act further empowered under Section 52 (A) the Governor General in Council to entrust to the Governor of Bengal the sole responsibility of administering the areas named such, ‘Backward tracts’, and in context to determine if any law of the Bengal legislature was applicable with or without modifications or exceptions as the Governor might decide or was not applicable at all.

Excluded or Partially Excluded Area: According to the Act of 1919 the District of Darjeeling was a Backward Tract. In 1933 the Joint Committee on Indian Constitutional Reforms examined the matter in the background of the proposal to grant Provincial Autonomy. The issue was straight forward, whether, and to what extent, the Provincial Legislature is likely to be dominated by the more advanced plains people could be allowed to legislature on matters affecting the administration of ‘Backward Tracts’. Considering the development taken place in 1874 (Schedule District Act) the committee categorized the areas, into ‘Excluded’ and ‘Partially Excluded Areas’ and dropped the words ‘Backward Areas’ to mean, ‘Exclusion’ or ‘Partial Exclusion’ (from the Reforms processed) with the view to limiting the powers of the Provincial Legislature in respect of these areas. The recommendations of the Reforms Committee were accepted and embodied in the Govt. of India Act 1935, and implemented by promulgation of the Govt. of India ‘Excluded’ and ‘Partially Excluded’ Ordinance 1936.  

While Section 91 (1) defines the Governor’s Order in Council to express “Excluded Areas” and “Partially Excluded Areas”, Clause (2)(a-d) defines the power of the Governor in Council to declare, cease, alter boundaries or create new province, form part of, and such incidental and consequential provisions necessary and proper.       

Section 92 provides for the administration of “Excluded” and “Partially Excluded Areas’ wherein Clause (1) clearly defines the exclusiveness of the meaning to “Excluded and Partially Excluded Areas” wherein the Governor is supreme authority, over and above the Federal and Provincial Legislatures: “The executive authority of a Province extends to exclude and partially excluded areas therein, but notwithstanding anything in this Act, no Act of the Federal Legislature or of the Provincial Legislature, shall apply to an excluded area or a partially excluded area, unless the governor by public notification so direct; and the Governor in giving such a direction with respect to any Act nay directs that the Act shall in its application to the areas, or to any special part thereof, have effect subject to such exceptions or modifications as he thinks fit”. Clause (2) the Governor may make regulations for the peace and the good government of an area… being an excluded area or a partially excluded area, and repeal or amend any Act of the Federal legislature or the Provincial legislature, or any existing Indian law ….. applicable to the area in question.

Regulations made under this sub-section shall be submitted forthwith to the Governor General and until assented to by him in his discretion shall have no effect, …. to disallow Acts shall apply in relation to any such regulations assented to by the Governor-General ……. to Acts of a Provincial legislature assented to by him.  

Clause (3) The Governor shall, as respects any area in a Province which is for the time being an excluded area, exercise his functions in his discretion.  

311. Interpretations, etc- (1) In this Act and, unless the context otherwise requires, in any other Act the following expressions have the meanings hereby respectively assigned to them that is to say.

Para 3: Reads “Burma” includes (subject to the exercise by His Majesty of any powers vested in him with respect to the alteration of the boundaries thereof) all territories which were immediately before the commencement of Part III of this Act comprised in India being territories lying to the east of Bengal, the State of Manipur, Assam, and any tribal areas connected with Assam;  

“British Burma” means so much of Burma as belongs to His Majesty;

“Tribal areas” means the areas along the frontiers of India or in Baluchistan which are not part of British India or of Burma or of any Indian State or of any foreign State:  
 
The meaning of the above Act is seen to define ‘excluded areas’ and ‘partially excluded areas’ the tribal inhabited areas ‘….lying to the east of Bengal, ……and any tribal areas connected with Assam’, and ‘…which are not part of British India…or of any foreign State’.   
 
3.    Political expressions (socio-political regional identity): While misunderstanding the meaning and interpretations of the various above mentioned Govt. of India Acts, genuinely describing the areas with distinctive populations to the rest of India and evolved rules and regulations, wherein the Governor-General’s office became the legislative, judiciary and executive head for administration over and above the provincial or federal govt. That is, understood to mean, these areas though within the boundaries of provinces of the federal govt. but without, as far as the administration was concerned. This clearly implies the above defined areas were inside the state territory wise but outside the state for all practical purposes, allowing the inhabitants for some sort of self-government within their distinct ethno-cultural and characteristic sustainable boundaries. Reference may be made in regard to the misunderstanding of the above Acts wherein, the Communist Party of India (undivided) unseemingly, and vehemently opposed the British plan to include Darjeeling dist and its constitution into a separate Chief Commissioner’s Province, as was put forward by the Darjeeling Hillmen’s Association memorandum to Lord Patrick Lawrence, Secretary to the State of India in Dec 1941.

It had reasons to suspect that the British were hatching a plot to include Darjeeling district with other tribal people of Assam and Duars, collectively to form a new province, called the Northeastern Himalayan Hill Province.

Consequently, the CPI demanded immediately to end the status of Darjeeling district in the Govt. of India Act 1935 as a ‘partially excluded area’, and with it all the special powers of the administration, as a preliminary step intending to further the political, economic and cultural conditions of the Gorkhas and the hill tribes living in the district. Without realizing the administrative meaning of ‘excluded’ and ‘partially excluded area’, which actually identified the Darjeeling hills distinct from Bengal, was ignorantly being asked to remove, while the notable distinction itself was preserving the very identity of the Darjeeling hill peoples.

By way of misinterpreting the above administrative nomenclature ‘excluded ‘ and ‘partially excluded area’, it is surprising to note even the All India Gorkha League vehemently opposed inclusion of the district into Assam to form the Chief Commissioner’s Province proposed by Rup Narayan Sinha. The meaning of inclusion into Assam was to further identity the Darjeeling hill people with the multitude of various ethnic tribes composing the erstwhile province which in due course after independence defined new states from its territory such as Meghlaya, Tripura and Mizoram including undersized Assam under the provisions of the 6th Schedule.

In 1935, the British had no option but to remove the exclusion of the Darjeeling hills to inclusion into Bengal under the ‘partially excluded area’ act thereby, paving the way for an elective representative into the provincial legislative assembly which incorporated the distinction of Darjeeling hills now constituted a confirmed district of Bengal. The British attitude towards the hill people was soft and enduring, but the backwardness and aptitude of their understanding was to shallow. The British were adeptly but subtly implying the separation of Darjeeling from the rest of Bengal, with due regard to protecting the hill people from the dominance of Bengal, had no option in the end to comply with Bengal, as the hill leaders were seen to sway to the drums of Bengali not understanding the British overture, when ‘Kalimpong Samiti led by Sardar Bhimdal Dewan and the Peoples Association of Darjeeling, clamoured not for exclusion but for the inclusion of Darjeeling into Bengal’, in order to benefit from the constitutional reforms under the Act of 1919.

After the promulgation of Govt. of India Act 1935 transforming Darjeeling district from ‘excluded’ and ‘partially excluded area’ into a ‘partially excluded area’ only, mandating electing a representative to the Bengal legislature seemingly democratic on its face, but in fact closing the very door to come out from the clutches of Bengal which, the hill people have been demanding and aspiring since 1907. On 24th March 1937 when Damber Singh Gurung won the elections to become the lone representative of Darjeeling district in the Bengal legislature, the exit for Darjeeling was more or less permanently sealed. Hari Prasad Pradhan later writing to the govt. expressed his displeasure in the incorporation of Darjeeling district into West Bengal in the following words ‘….their (hill people) welfare is now dependant on the exigency to party politics … and their utter helplessness to make their voice heard’ , specially in the hustle bustle in the noisy city of Calcutta.

Since 1907, the Darjeeling hill people’s leadership is seen to be knocking the wrong door to channelise the demand for statehood, whereas the process is already paved by the distinctive character of the Darjeeling hills as provided by the various reforms in the management of administration peculiar to the hills since the

 
(i).   Regulating Act of 1773 which was applied to Darjeeling after its incorporation into the administration
        of the
(ii).  East India Company in 1835 as a ‘Non-Regulated District’. Then on, accordingly, the administrative
         headings amended from time to time, chronologically,
(iii).  Under the Govt. of India Act 1870 these areas were described as ‘Backward Tracts’.

(iv).  In Assam in 1874 these “Backward Tracts’ became Scheduled Districts under the Scheduled District  
       Act of 1874.
(v).  Later on, under the GOI 1919 under Section 52(A), the Governor General was empowered to declare
        any territory a Backward Tract.
(vi). In GOI Act of 1935 the term ‘backward tract’ was dropped and implemented by promulgation as
       ‘Excluded’ and ‘Partially Excluded’ Ordinance 1936.  
 
4.    Distinct anthropological background (sub-Himalayan ethno-physical regional identity): The distinct physiognomy of the appellation ‘Gorkha’ is prominently displayed during the republic Day 26 January, when 1950 India forever became a Sovereign Socialist Secular Democratic Republic providing governance of the millions of diverse population –ethnologically multiracial, multilingual, multicultural all together parading on this auspicious date to show the unity of India.

It is oft remarked by many Darjeeling hill peoples walking along the balustrade in Delhi or any Indian city, the typical Indo-Mongoloid feature of the Gorkha is mistaken for a ‘Nepali’ national. This is quite natural and as such must be accepted rather than rejected. Just as one cannot avoid the martial face of the Gorkha Regiments, which soldiers faces themselves, becomes the fortune, while recruiting these sturdy hill men into the Indian and British defense forces. Just as the Sikh regiments are distinguished by the turban and the prominent beard, so is the Gorkha Regiments by the safari hat worn at a tilt, with the khukhri knife straddled on the hip. Like the Sikhs, Marathas and other prominent martial races of India the Gorkhas are equally distinguished with all the attributes of a brave soldier equal in valor and combat worthiness.

The British discovered the unique martial spirit of this martial race for the first time in the Anglo-Nepal war of 1814/15 concluded by the Treaty of Sewgouli 1816. While Nepal lost the war, the Nepali troops consisting of the Gorkha tribes was inducted en-block into the Indian Army with prior permission from the reigning Nepali monarch, the Shah King of Gorkha. The military skill, loyalty to the hilt, obedient and the rustic simplicity, became the distinct hallmark and separate impression, became the distinguishing identity of the many ethnic groups inhabiting the entire sub mountain ranges including the Darjeeling hills and the underlying plains land, however the latter Indians by birth (Indian Citizenship Act 1950).  As a result, obviously this uncommon mountain face disallows, not the identity of the Gorkha physiognomy but an emotional and sentimental issue of non-recognition of the native Indian Gorkha nationality. No doubt to the ordinary Indian, the hardy face of the mountain peoples are not too familiar as compared to the rest of India, and have the example of not the mistaken identity but the nationality of the distinctive Darjeeling hill peoples whose resemblance to their Nepali neighbours are inseparable. As a matter of fact, the typical assemblage of faces comprising the inhabitants of the northeast of India being from the plains of Bengal, are peculiar and distinct from the plains of India. Nay, the distinctive features of the entire Himalayas races/people are unlike to the rest of India. Whereas, all mountain peoples of India have a home (one state or another of the Indian Union) from Ladakh in J.K., Uttaranchal (easterly to the neighboring country of Nepal), farther to Sikkim (joined by the Darjeeling hills of Bengal) and on to the country of Bhutan to include the seven Northeastern states. These mountain states within the country of India, Nepal and Bhutan  geophysically are contiguous areas and possessing common historical ethnological backdrop- except the single case of the Darjeeling hills, where, the very face of the inhabitants are distinctly inseparably to the other indigenous tribes.

As such, the grouse of the Darjeeling hill peoples is their placement within Bengal, where as for all differential purposes – cultural, social and political typifies homogeneity of the Darjeeling hill peoples to the northeastern states having found a place in the Democratic Republican status of the Indian nation, than otherwise. This is evident in any way one desires to contemplate, especially Bengal, within which territory boundaries the Darjeeling hills have been subsumed, and the basis of ethnological character of the predominated in population and form, seemingly infringing on the civil liberties and the fundamental rights of the hill peoples, which are said to be enshrined in the constituent nature of the Indian nation.  
    

5.    Conclusion: Considering the salient aspects and comparisons detailed which are conspicuously and transparently valid, it should be the duty of Bengal towards resolving this long pending demand for a separate, bilaterally with dignity and grace. Bengal must accept the ground situation and not walk along blind alleys to justify making Darjeeling the ‘crown of Bengal’ and talk rough and tough, disallowing the next division of Bengal. This is a rhetorical question. How can Bengal give away :-

(a).    That which was acquired superfluously (when Darjeeling district was administered within the provisions and meaning of the following terms: ‘Backward Tract’, Scheduled District, ‘Excluded’ and ‘Partially Excluded’, ‘Tribal Areas’), ‘…territories lying to the east of Bengal…Assam’ and not being a part of Bengal, rather away from it.
 
(b).     Following the premises, Bengal is seen to have surreptously perfected a demographic change in the district in order to smash and grab the provisions of (a). This has reference to the Bengali refugee settlement in Siliguri subdivision, district of Darjeeling and further accompanied by converting ethnic Bengali foreign nationals into Indian Bengali, as well as elsewhere, in violation of legal and constitutional mandates, while at the same time pointing an accusing finger at the Darjeeling Gorkha hill peoples to their Indian nationality content. Lastly
 
(c).    That Darjeeling and underlying hills were never ever part of neither British or Indian Bengal which has already been clarified earlier.
        
Ethically and morally if justice is to be delivered, Bengal needs to acquiesce the separate statehood status for the Darjeeling hills without let or live, or the least enquire with the state and country to which the area formally belonged and acquired by the British under dubious circumstances for which the British were the masters in the art of statecraft and acquiring neighbours territories for its own imperialistic expansionist policy. Bengal must be justified while uttering its pretences, legally and historically, and thereby claim its assumed secular character not of Bengali nationalism but instead of Indian patriotism, and not behave as a zombie dominant indoctrinated political cadre based party subverting the very demographic structure enshrined in the Constitution, which guarantees the fundamental right to self determination with self governance. Bengal misses the point of the duty to perform in a democratic setup, whereas the right to govern is two face of the same coin!

Besides incorporating the salient features of the above dissertation into the draft resolution submitted to the Tripartite deliberations in Delhi, it would be pertinent to express the same feelings to all the main national political parties of India not only in Delhi but as well as in Calcutta. This way, by arguing on specific relativity the issue of statehood for Darjeeling will be more pronounced and acceptable, otherwise than just harping on the Gorkha identity is seen insufficient in demanding for a separate state. In fact if proceeding only on the lines of Gorkhaland utterances the matter will not find wide support in both the Houses of Parliament, where eventually the Memorandum will be tabled for threadbare dissection.

For the learned senior bureaucrats, erudite politicians, Hon’ble Members of Parliament, relevant govt. authorities concerned and the general Indian public will have to accept the arguments based especially on No. 2 above which will be democratically and constitutionally acceptable to the readers of the topic. In other words, what will be acceptable is the conclusion in support of the arguments for the Gorkha backwardness distinction, that is, the Gorkha tribal identity card.       

 
 
By Hillman- The Analyst

 
 
3 March 1936 → Written Answers (Lords)

EXCLUDED AND PARTIALLY EXCLUDED AREAS IN INDIA.

863WA § LORD STRABOLGI
asked His Majesty’s Government what is the total approxi 864WA mate area and population of the excluded and partially excluded areas respectively, cited in the Government of India (Excluded and Partially Excluded Areas) Order, 1936.
§ THE SECRETARY OF STATE FOR INDIA (THE MARQUESS OF ZETLAND)

I regret that I have not sufficient detailed information to enable me to give fully the totals for which the noble Lord asks. But I am able to supply him with certain figures, which will, I hope, serve his purpose. He will understand that where no mileage is shown against any particular area, or where an area mentioned in the Order does not appear in the statement, the inference to be drawn is that I have not the necessary particulars.

                                                                  Area square miles.        Population.
The Excluded Areas in Madras                        10                                   16,000
The Excluded Areas in Bengal                                5,000                                       213,000
The Excluded Areas in the Punjab                  4,695                              11,700
The Excluded Areas in Assam                        18,429                            388,923
Partially Excluded Areas.
Madras:
East Godavari.                                               —                                 240,529
Bengal:       
Darjeeling                                                                   1,164                                        319,600
Mymensingh                                                 —                                    98,000
United Provinces:           
Jaunsar-Bawar Pargana                                   483                                56,000
Mirzapur District (portion south of Kaimur Range)1,767                           146,000
Bihar:       
Chota Nagpur                                                 —                               6,645,934
Santal Parganas                                              —                              2,051,472
Central Provinces:       
Areas in the Chanda District                          4,013                               210,540
Areas in the Chhindwara District                     1,600                                 77,500
The Mandla District                                         —                                  445,766
Areas in the Bilaspur District                          3,549                               300,000
The Baihar Tahsil of the Balaghat District              —                                 99,092
The Melghat taluk of the Amraoti District               —                                47,847
Assam:       
Aggregate of partially excluded areas                  9,984                          434,053
Orissa:       
Sambalpur                                                           —                            880,945
Angul                                                                  —                            222,736


House adjourned at twenty minutes past four o’clock.

HL Deb 03 March 1936 vol 99 cc863-4WA

 

 
 

 
THE GOVERNMENT OF INDIA ACT, 1935
(26 Geo. V &1 Edw. VIII Ch. 2)
An Act to make further provision for the Government of India.
[2nd August, 1935]

BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by
the authority of the same, as follows:-

P A R T I I I
THE GOVERNORS’ PROVINCES

CHAPTER V
EXCLUDED AREAS AND PARTIALLY EXCLUDED AREAS

91. Excluded areas and partially excluded areas.—
      (1)    In this Act the expressions “excluded areas” and “partially excluded area” mean, respectively
            such areas as His Majesty may by Order in Council declare to be excluded areas or partially
            excluded areas.

           The Secretary of State shall lay the draft of the Order which it is proposed to recommend His     
           Majesty to make under this sub-section before Parliament within six months from the passing of
           this Act.

     (2)     His Majesty may at any time by order in Council

(a) direct that the whole or any specified part of an excluded area shall become, or become part of, a partially excluded area;

(b) direct that the whole or any specified part of a partially excluded area shall cease to be a partially excluded area or a part of such an area;

(c) alter, but only by way of rectification of boundaries, any excluded or partially excluded area;

(d) on any alteration of the boundaries of a Province, or the creation of a new Province, declare any territory not previously in any Province to be, or to form part of, an excluded area or a partially excluded -area, and any such Order may contain such incidental and consequential provisions as appear to His Majesty to be necessary and proper, but save as aforesaid the Order in Council made under sub-section (1) of this section shall not be varied by any subsequent Order.

92. Administration of excluded areas and partially excluded areas.—

      (1) The executive authority of a Province extends to exclude and partially excluded areas therein, but 
            notwithstanding anything in this Act, no Act of the Federal Legislature or of the Provincial 
            Legislature, shall apply to an excluded area or a partially excluded area, unless the governor by 
            public notification so direct; and the Governor in giving such a direction with respect to any Act
            may directs that the Act shall in its application to the areas, or to any special part thereof, have
            effect subject to such exceptions or modifications as he thinks fit.

     (2) The Governor may make regulations for the peace and good government of any area in a
Province which is for the time being an excluded area, or a partially excluded area, and any  regulations so made may repeal or amend any Act of the Federal Legislature or of the Provincial Legislature, or any existing Indian law, which is for the time being applicable to the area in question.

Regulations made under this sub-section shall be submitted forthwith to the Governor-General and until assented to by him in his discretion shall have no effect, and the provisions of this Part of this Act with respect to the power of His Majesty to disallow Acts shall apply in relation to any such regulations assented to by the Governor-General as they apply in relation to Acts of a Provincial legislature assented to by him.

(3) The Governor shall, as respects any area in a Province which is for the time being an excluded
      are, exercise his functions in his discretion.

311. Interpretation, etc.— (1) In this Act and, unless the context otherwise requires, in any other Act the          
         following expressions have the meanings hereby respectively assigned to them that is to say.

           “British India means all territories for the time being comprised within the Governors’
             Provinces and the Chief Commissioners’ Provinces.

“India” means British India together with all territories of any Indian Ruler under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Ruler, the tribal areas, and, any other territories which His Majesty in Council may, from time to time, after ascertaining the views of the Federal Government and the Federal Legislature, declare to be part of India.

“Burma” includes (subject to the exercise by His Majesty of any powers vested in him with respect to the alteration of the boundaries thereof) all territories which were immediately before the commencement of Part III of this Act comprised in India being territories lying to the east of Bengal, the State of Manipur, Assam, and any tribal areas connected with Assam;

“British Burma” means so much of Burma as belongs to His Majesty;

“Tribal areas” means the areas along the frontiers of India or in Baluchistan which are not part of British India or of Burma or of any Indian State or of any foreign State:

“Indian State” means any territory, not being part of British India, which His Majesty_yecognises as being such a State, whether described as a State, an Estate, a Jagir or otherwise;

“Ruler” in relation to a State means the Prince, Chief or other person recognised by His Majesty as the Ruler of the State.

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