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Legislative Assembly, 1923 18th July, 1923 '. THE LEGISLAfj~I.VE ASSEMBLY DEBArrES (Official Rep9rt) VOL. III PAR'f VII " (16tla to 28tla JulY, 1923.) THIRD SESSION OF THB LEGISLATIVE ASSEMBLY, 1923. • .. .81:v1 LA Gc)VJIUUI KENT CENT1UL.-I'.aas .0 ,.. • UIII LEGISLATIVE ASSEMBL \:'_ The President. The Honourable Sir FREDERICK WHYTE, KT. Deputy PTuident. Sir JAM8ETJEEl JBBJUBHOY, BART., K.C.S.I., 'M.L.A. Panel of Ohairmen. Maulvi ABUL KA8EM, M.L.A. Sardar Bahadur GAJJAN SINGH, M.L.A. Mr. N. M. SAMARTR, M.L.A. Colonel Sir HENRY STANYON, KT., C.I.E., V.D., M.L.A. Secretary. Mr. L. GRAHAM, M.L.A., I.C.S. A8Bistani8 of the Secretary. ~ W. T. M. WRIGHT, I.C.S. Mr. S. C. GUPTA, BAR.-AT-LAW. Mr. G. H. SPENCE, I.C.S. Marshal. • Captain SURA., SrNGH, Bahadur, lO.M . .. '11 • I ...... • CONTENTS. VII-18th July to B8t" Jul" 1993. PART tt lIondaJ. Ilth'1I1f. ltD- Death of Mr. PJari Lal Kina 4617-4618 Membera Sworn 4618, Inability of Government to ac(:ept certain Recommenda- tiona of Retrenchment Committee Quutiona and Answers U natarreci Question and Answer Acquisition of .. tug for the Iraq river fleet Motion for A j ~ of Unemployment- Disallowed ... 4640-4iW1 The Land Acquisition (Amendment) Bill-Report of Select Committee presented The Indian Electricity (Amendment) Bill-Introduced The Indian Poris (Amendment) Bill-Introduced ... The Indian Stamp (Amendment) Bill-As amended paseed ... The Code of Criminal Procedure (Second Amendment) Bill- Pa888d 464U The Indian Lunacy (Amendment) Bill-Paeeed ... .. .•' ~ The Indian Territorial and Auxiliary Forces (Amendment) • Bill-Passed 4861S The Indian Army (Amendment) Bill-Passed .-IS The Cutchi Memons (Amendment) Bill-Paaaed 466(').4_ "!'ulld.aJ. 17th JulJ, lID- Death of Babu B. P. Singh ... 4667-4668 Questions and Answers 4668-48'78 U n.tarred Question. and Answers 4678-4679 Motion for Adjournment of the House-Disallowed 48'1'9-4682 Interim Report of the Public Account. Committee laid on the Table 4682-4890 Resolution re Function. and' Powers of the Council of 1 4691-4718 State-Negatived ... ... ... '" j 4718-47514 "M:e88age from the Council of State-The Special Marriage (Amendment) Bill 4718 Resolution re Establishment of Convention of Non-Inter- ference in Indian Affaire-Postponed 4724-4728 .WlelDlIdaJ. 18th lulJ. ltD- Resolution re Undertaking by Finance Department of liability for 1088es conHquent on Alliance Bank Failure- Adopted ............ 4719-4788 The Cantonment Bill-Report of Select Committee laid on the Table ...... 4788 Resolution re Conferment of further Reforms-Adopted 4767-4790 "l'Ilal'ldaJ. 11th lulJ, lID- • . ~ ~ and Answer.. ... 't •.• 4791-4801 Llabllitles of the Imperial Bank on the failure of the 411iance Bank -... ... ' ... 4801 The Adoption (Regiatratiun) Bill-Withdrawn 4801-480" Th, Legifl Practitioners Bill-introduced i .. 4807-48JO ( ii ) CONTENTS-conta. \ SaturdaJ, lilt hlJ, UII- Members Sworn Message from the Council ofStaf.e re'eertain Bills Secan" Report 1 the Public AcooUilta Committee laid on the Table ... ... ..• . .. 4811 Resolution rt. Claims of Indians in ~ II ~ . , adopted ~ .~ ~ ~ ~ Members Swom Qu.eat.ions and Answers U nst&rred Questions and Answers The Indian Ports (Amendment) Bill-Pa.aaed The Indian Electricity (Amendment) Bi11...:.P ....d The Land Acquisition (Amendment) Bi1'I-As amended pasaed ... Exceaa Grants for ID21-22-Adopted Demands for Supple-"entary Grants-Adopted 'l'uuday, MtIl July, lID- " ... K •• ber SWOI'll 4943 Questions and All8wer. 4943·494S U nurred QueStions and Answers ~ Postal J.ife Insuran(,'e Fund ... 4049 .he Code of Civil Procedure ~ Bill-Report "cof Select Committee presented '" _ 4949 TheI;Cantonmenta Bill-As amended p ....d } 49M-4989 ... ~ . ~ The Legal Practitioners (Amendment) Bill--Report of Select Committee presented 498. I'rJ.day, 11th ~ ltD- Members Sworn 11021 I. C. S. Competitive Examinations 6021 Questions and Answers ~ Unatarred Questions and Answers '&O!8-50300 M888age from H. E. the Viceroy-Attendance of Members at the Joint Session &030 Que.tions on Kenya Aftaira 6031-11(133 Mesaage from' the Council of State re certain Bills IKJ33 Notice of Motion of Adjournment to 4iacusl position of Indians iii Kenya-Lea.ve to proceed J'efuaed &034-11036' Notice of Resolution on British Cabinet's Decision f'e KenY,a.--Leave to proceed refused ... Motion to express gratitude to H. E. the Vieteroy in connec- tion with the ~ of LausalUlB-Adopted ... 6037·00380 ,The. Illegitimate Sons Rights Bill-Report of the Select Committee laid on the Table 0038 The Legal Practitioners Bill-Motion to circulate the . Bill-Adopteli ti038. The Immigration into India Bill-Introduced, considered and as amended passed ' , ,,_.' 6It8i-lOtr -Me ...ge from the Council of State re certain' Bill. 1I0I;01 ", Closing !'emark. by.Mr. ,PJ'ellident .... 6081 aaturda1, 28th .lal" 1__ ,. , Speech delivered to the Couri.'cil f~ . And the'I'Agislative " " Aaaembly by His Excellen(IY.. the Viceroy' , '... .: . LEGISLATIVE ASSEMBLY. Wednesday, 18th July, 1929. The Assembly met in the Ass!!D1bly Chamber at Eleven of the Clock, Mr. President in the Chair. RESOLUTION'RE UNDERTAKING BY FINANCE DEPARTMENT OF LIABILITY FOR LOSSES CONSEQUEN'l1 ON ALLIANCE BANK FAILURE. lir P. I. livuwazay Aiyer (Tanjore o.m Trichinopoly : Non-Muham- mada1l Rural) : I rise to move the Resolution which stands against my )lame and which runs in the following terms : " This Aasembly recommendll to the Governor General in Conncil that he will be pl_d tQ exprelll his disapproval of the action and policy of tho Finance Depart· ment of the Government of India in undertaking a present or contingent liability to the Imperial Bank for 101llles cOllsequent upon the failure 01. the Allinnre Banlt of Simla." My ohjE.'ct in moving this Resolution is to invite the House to examine the propriety of the action taken by the Government in the matter of the Alliance Bank of Simla and the policy which underlies that action. I have no intention of discussing the conduct of the Imperial Bank 01' the question whether the action of the Government is ultra .~ under the Government of India Act. 1 will assume for the purposl' of this discus- sion that it was legally compet('nt to the Government to take the steps which they did. liet me alRo disclaim any intention of IIttl'ibut,ing" Rny improper motive to the Government. T have no doubt that wlwther the action tak(>n by the Govf."rmnent was right or wrong, they did not under- take such action with the knowledge that it was wrong. My desire and my purpORe il'l to examine the action and policy of the Government without allY bias or prejudice and in the dry light of reason with reference to principleR of financial and administrative policy. In my view the fact that the Government of India had on no previous occasion gone to thf." rescue of banlal which failed with heavy liabilities is of nO great ~ f except in so far alll it affords grounds for It preRumption in favour of a cautlOUIl f~ . If on enmination of the problt'!n\ we come to the con- elmnnn ~ it il the dnty of the Government' to ubl:lertake pecllDiary Habitity in CIlReR Hke the ~ we should llot be deterred from expressing 0111' approval of the C(')l'!rse a.dopted by the GO'fetrlment, merely heeause t.hey failed 10 drschaJite l'iileh <'Illty on similar ()'(\l'ltAiOl1R in the past. Before iliscussing the principles a.pplicahle to the CAlle, let me make a brief TeferenGe to the fa.ctR, as I havc been able to gather them. The Alliance Rank had heen known to he involved in difficulties for at. least . 8 Vt'Ar he fore its failuTt'. It is said to hAve hf'cn common talk in the City or'Lon.,don. Sometime about August 1922, ~ AU.iAnce Rank approached tlll Tmpt'r1rol Rnnk f01' help Emil thl' latlter IS hehive<1 to have made an ( 1129 ) • • "SO [18D In, 18t8, [Sir P. S. Sivuwamy Aiyer.] investigation of the affairs of the Alliance Bank and Sireed to lend on the security of its assets a sum of 2i or 3i crores. On certain dates in the month of August the Alliance Hank deposited the title deeds of aU its immovable properties with the Imperial Bank as security for the advances promised. The financial help thull rendered or promised to be rendered by the Imperial Bank to the Alliance Bank was without the intervention of the Government. On the 26th of April 1923, the Government knew that the failure of the Alliance Bank was inevitable, and on the 27th April they anthoriseo the Financial Secretary to write to the Imperial Bank to repay 50 per cent. of the amountR standing at credit of depositors in the Alliance Bank of Simla including current account and sa vinga bank balanccs in the event of the liquidation of the said bank and provided that liquidation could bc arrang-ed subject to the supervision of the Imperiul B:lllk. The letter also conveyed a guarantee by tho Government of India to make good to the Imperial Bank of India any IOSR incurred by the bank in making such paymcnts. The total amount of the liabilities to the <l('pmlitoMl is believed to be about 8i crores. The ]ptter iR not very clear or precil'lc as to the legal nnture of the transaction into which the Goverllment of India were entering, WaR it meant to be an authorisation to the Bunk to pay the proportion of 50 per cent. of the depositA out of the funds of the Governnumt in th(" hands of the Imperial Bank' Or waR it illiPlldrcl to be a contract, of guarantee undertaking a liability in the e¥ent or th(" Imperial Bank beintx unable to recoup themselves for the nd"ance of ['0 p("r c("nt.
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