14th February 1942 THE .. LEfiISLATlve ASSEIBLY 'DEBATES'
Off.icial Report
Volume I, 1942
(litII FebrUary to IOlla Marcia, '94J) ,.
FIFTEENTH SESSION OF THE FIFTH LEGISLATIVE 1942
.-~ ~EW DELHI PIUNTED llY THE ~UNAGER '\ GOVERNMENT OF INDIA PR:,\SS: 19.'l CORRIGENDA.
In the Legis1a.tive Assembly De- (6) Volume II, No.9, dated the bates, Budget Session, 1942,- 23rd March, 1942,- (i) page 1429, line 1, inaeri (1) Volume I, No.1, dated the the word "is" after the 11th ~ 1942, pa.ge word" blood" ; and 31, line 20, for " Muslims " Pre.ident : The Honourable Sir ABDUR RARIM, X.C.S.I. Deputy Pre.ident: Mr. AKHIL CHANDRA DATTA, M.L.A. Panel Gf Ohai'rm,,,: SUD GHULAti BRIK NAIRANG, M.L.A. Lieut.-Colonel Sir HENRY GIDNEY, M.L.A. Sir HURY RICHARDSON, M.L.A. Sir COWASJI JSBANOIR, Bart., K.C.I.E., O.B.E., M.L.A. • Secretary : • Mian MUHAIIlIAD RAPI, Barrister-at-Law. A88i.tants of the Secretary: Mr. M. N. KAUL, Barrister-at-Law. Khan Bahadur S. G. HASNAIN. -Mar.hal : Captain Haji Sardar NUR AHMAD KHAN, M.O., r.O.M., ~.A. • • Oommittee• on Petition.: . . Mr. AxRIL CHANDRA DATTA, M.L.A., Ohairman. SYBD G U~A BRIK NAIRANO, M.L.A. Mr. JAKNA-DA8 M. MBHTA, M.L.A. Sir ABDUL HALIK GHUZI'A.' M.L.A. ~. - - .~ .~ -.·l:c:.C .. ".':"." Mr. N. M. JOSBI, M.L.A. CONTENTS VOLUJlE I.-11tA Febr1J4rg to 10th MarM, 1945 •. PAGIIB.· TB11lt8D.4Y, 12TH FBBBu ....Y.1942- WB0'KB80AY, 11TH FIIBBUABY, 1942- Member Sworn. . • 83 :Members Sworn • 1 Starred Queetjona aad Starred Queetion8 and Anawen A ~ . . • 88-99 Unat&rTeci Questions and Death of Sir RasbaymdJa Anawen .' Rau . . • . 98-100 Statements laid on the Motion for Adjoummeat_ Table 21-35 Arreet and det.entioo of Mr. S&rat ~ Boee Deaths of Mr. L. C. Buss and -Notmoved • • 1000-01 Sir Akbar Hydari . 86-40 Banning of the HiDdu Motions· for Adjournmant- J4ahaaabha s-iClll at Postponed 40 Bbagalpw-Poatponed .'101 H_"E. The Govemor General'. Lathi Charge on Sikh Re· AlI88Dt to Billa . . 40-41 Jigioua Congregation by Bill pa.aaed by the Council of the Delhi Police-Ruled State . . _ . 41 out of order .' • 102-05 Home DepartJDeDt Notifica- Failure to obtain aP:ero,:al tions iuued under the of the Central Legis- Registration of Foreigner. lature for declaring India Act, 1939 . 41-43 at War with Japan- Amendments to certaiD Diaallowed by the Gov. Motor Veh.icles Rulea . 43-61 ernor General . . l0i-06 Amendment to the Insur- Failure to prO'llide ade· ance RuleR _ _ _ 61 quate meaDll of Trans. Election of two non-official port for Agricultural. ' Members to the Defence ProduCI'!--Negatived . 106, ~ ConllUltative ~ . 62 Resolution ,.e AdministratiClll The Workman's Compen- ot the Inllome·ta1 Depart. sation (Amendment) Bill rnent-Di'JCU88ion 110* -Introduoed . . . 62 concluded 107...... a " The Indian Merohant Ship- ping (AmeIldmant) BiU- SA'rU1\O.a.y, 14Ta FBJlBU.u.y, 1942- ~ _ . • 61 Starred Quediona and The Coffee Market" Expan. -ADswel'll • • • 157-67 sion Bill-Introduced . UnatarrJd Quet¢iOQS and The Indian Penal Code AnswenI • . . 167-68 (Amendment)· BiII- Motirm for Adjoummant n- Introduced . . . 63 Banning of the Hindu The Indian Modical Council Mahaeabha Seesion at (Amendment.) BiII- BhagaJpv-Dfsallowed "16s-e9,170 Introduced . • • 68 Army Commiaaions to The Multi-unit Co-operative Australians-Ruled out Societiea Bill-Introduced 63 of order • . . 168 The Indua Ve8sels (Amend- Urging Allied Nations for ment) Bill-Introduced . 64 declaration of Political Tpe Indiau Boilers (Amend. and Social equality of ~ mantI Bill-Introduoed . 64 white and coloured ,'he Weekly Holidays BiII- Race8-Diaallowed by • '\i Referred to Select Com· the Governw General • It6 . mittee. . . . 64-70 Inadequate action ~ !.'6' Report of the Public Ac. gards Rele&l!('! of Politi- count. Con:lmittee--Dia. cal Prisoners-Ruled -...... CU8IioD Dot concluded 70-81 out of order 170-72 ------~---~ ------~-• PAOJIII. PAO". DAY, 14TH FBBBtr4BY, 1942-00""". S.i'.rtrBDAY, 14th FBBBUABY, 19'2-OtmllJ. Motion for Adjournment re-ccrmcl. The Usurious Loans (Amend. Delay in giving relief to ment) Bill-Introduced . 189 Short-Bt&ple Cotton Qro __ Ruled out of MONDAY. 16n FEBBUABY, 19'2- order . • . . 172 Starred Questions and Expendit.ure from Indian Answer. . . • lIH-205 RevenU88 on Military Unstarred Questions and Training of AU8tralians Answers . . . J06-10 -Ruled out or order _ 172-73 ~ Crom H. E. the Looting of Hill People of Governor General. • 211 The Special Haj ~ Ahnorah District by t.he Report. _ • _ Kauks-Ruled out of III order . . • • 173 Home Department Notifi- Lathi charge by Poliee on cation' wuad \mder the Mohurrum ~ at Registratiun of Foreign- Akola-Disallowed . 174 ers Act, 1939. . . 211 Sending of Indian Military Imperial Council of Agricul- Fol'08ll and Material. t.ura1 Reeearoh N oti1ication ~ - 0 'tV e d iasued under the Agriol,1l- "y the Govemor General 174 tura) Produce ~ Act. Failure to relt18118 Political 194.0. .. 212 Prisoners and Detenua Election of the Standing -Disallowed, . . Committee on Emigration 212-17 Arreete of and Lathi charse Election of Three Mualim on Traden agitating Member. to the Standing against the Punjab 8&188 Committee on Pilgrimage Tax Act-Dill&l1owed . 175-77 to the Hejaz. . . 217-19 Neoeaeiiy of ·Government Election of a Member to the statement for allaying Committee 00 Public Public apprehensions Aocount. . . . 220-21 about Defence of India Election of Members to the -Disallowed. . . 177 Defence Consultati\'e Com- Dispensing with the Question mittee. . . . 221 . Hour on t.he General Bud- The Cotton Ginning and set presentation day • 178 Preaaing Factories (Amend ~ Code of Criminal Pro- mant) Bill-Introduced . 221-22 cedure (Amendment) Bill The Indian Patents and De- (Amendment of Section 4) signs (Extension of Time) -Referred to Select Com- Bill-Introduced . . 222 The Workmen'. Compenaa- ~.. . The MIlIIlim PerBOnal Law ~ (Amendment) Bill- (ShaMt) Application Paaaad _ . . . 222-28 (Amendment) Bill-Refer- The Indian Merchant Ship- ping (Amendment) BiU"':" md to Select Committee . ~ The . Indian Penal Code Paaaed.. • • • 229-;-31 (Ainendment) Bill-Cir- The Indus Ve_Is (Amend- culated. . . . 180-86 mimt) Bill-Pused . . 231-32 The Federal Court (Supple- The Indian Medical Council mental Powers) BilI- (Amendment) Bill- Referred to Select Com- Paaaed.. . 232-36 The Indian Penal Code ~. . . . 186-88 The Code of Criminal Pro- (Amendment) Bill-Die- cedure (Amendment) Bill cU88ion on the consider- (Amendment of Sections ation of clautl68 Dot con- 182. 488 and 496)-Cir- cluded 236-58 oulatelf.. . . . J88 The Code of Criminal Pro- TUESDAY, 17TH FIlBBUABY, 1942- cedure (Amendment) Bill , Starred Questions and -Introduood . ",' 188 Answer. ',' . 2119-64: The ftIim PerBOnal Law Visit 'to India of Their Ex- (Shoriat) Applioation cellencies Generalilllimo ~ Am9tldment) Bill Cbiaug KU-Shek and -Introduced. • . J 1st Jladame Chiaog . iii FAGEI. FAOII:8. TUCSDAY, l'7th FEBBUOY,l942-Contd. MONDAY, 23rd FEBRU.uy, 1942-Contd. The Indian Fenal Code Short Notioe Que.tion and (Amendment) Bill-Dis· Answer. . . • 403-04 .cUlllian on considerat.ion of Motion for Adjoumanent re cla_ post.poned. . ~ Arrests in the Funjab for 'The Indian Boilers (Amend. protests agaenet· the ment) ~ •• 273 General Sales Tax Act The Multi·unit Co·operat.ive -Disallowed. • • 404-05 Societ.ies BiU-F&8II8d • 274-87 Secret Session of the Legis. The Coffee Market. Expan. lative AlI88IDbJy • . 4:06-06 sion Bill-Fa.aaed. . 287..,;..90 General discussion of the Report of the Fublic Ac. R'ailway Budget 406-67' counts Commit.tee • 290-94 UEBDAY, 24:rH Io'SBBUARV, 1942- WEDNBSDAY, 18TH FEBRUARY, 1942- Starred Questione and Member Sworn . I 29i lit.arrell Quest.ioDs and Answers 459-72 Answers 29(1-312 U netarred Question and Unstarred Question and Answer. -. . . 4:72-73 Arulwer. . . . 312-13 Election of Members to the Mot.ion for Adjournment re Standing Contmittees" on , Condition of the Defences Emigration and" on PH· .. of India-Ruled out of grimage to the Hejaz. '73 order . . 313 Mflssage frdm the Council of Me88&ge from 1:. E. the State . . . . 473-74 Governor General,. 314 Depart,ment of Indians Over· FrelleJltation of the Railway Ileal!! Notification issued un· Budget for 1942·43 . . 314-22 der the Indian Emigration The Indian Fenal Code Aot . . . . . 474: (Amendment)" Bill- Home Department Declara· Fused as amended . 322-26 tion of Exemption issueC:I under the R ~ tiOD of Foreigners Act. 4:74-76 THIl'RSDAY, 19TH FEBBUAitv, 1942- Election of the Standing Starred Quest.ion 8 and Finarule C.ommittee . . 4:75-8 Answer... 329-33 The Cotton Ginning and Unst&rred Questions and Pressing Factories (Amend· Antlwer", . . . 333-34 ment) Bill-Pass8d . 481-82 Nomination of thfl Panel of The Indian Patents and Chairmen .. 334 Desigmo (Extension of Committee on Pet.itiontl. 334 . Time) Bill-Passed': 482-83 Election of a Member to the Committee on Fublio Acoounts 334 WEDNESDAY, 25TH ]l'BBRUAJlY, 1942- Resolution r.,- Administration of theJn· Starred Questions and \ odme·tax ~ - .o\nswerfl . . . 485---91 Neg ..tived. . • 336-51 The Railway Budget-List. Appointment of a Commit· of Demands. .". , 4:91-li4:6 tee to enquire into the Dc.vnand No. I-Railway inoidents during tbe Board- . . , Mt.rtyrdom Day Cele. \ Excetulive Rates of ~ brations at Delhi- and Freights. . 4:92-504 Neltatived . ., . 352-70 " Friority" and Publio Release of Political Prison. Supply of Wagons . 505-12 ers and Detenus-·Di,,· Trallsport needs of the cuseion not ooncluded . 3'71-89 Country and Rail- way Administration . 513-29 Puni .. hment and Ap- • JlOlfDAV, 23RD FBBRVARY, 194:2- peals and Good CQn· \ Staued Questions and duct Marki!l . . , 529-35 An • .,ers . 391-4:00 Grievances of thl! Bm"· Tranaferred Starred Ques· pll'rees oil Indian tiona Ane_PI! amd. .00-03 Railways. . • • ------,------,------PAOES. l P ..... TauR8DAT. 26TH FaBBUABY, 1942- • 'BUB8DAY. 26TH FBBBOABT. -~. Starred Questions ahd ,Defnaud No. 6.·G. Work· ,'Answers • . . 547-52 ing ExpeD8ell-Miecella. 'the Federal Court (Supple- nOOUN Expense'e "J,'-mental Powers) , Bill- GroWUlg prain in respect "f\Preeentation of the Report of Ecclesiastioal Expen. , of the Select. Committee . 552 diture on Railway Re. The Railway Budget-List venues . '. . 601-02' of Dumand. . .' • 552-607 Demand No. 6.-H. Work- Demand No. I-Railway ing E~~E of Board . . . 1S58-97 Electrical'Department . 60S--()4, l\eviaion of the Convene Demand No. 7.-Working 'tion of 192' . . 553-68 E ~- -A Functions of the New to Depreciation Fund • 805-O'r. Central Transport Or· Varioull wrong Debita to gaWeation and the Revenue in the name of Need for Co·ordinat. Depreciatioll . 805-8'7 ing all Forms of Trans· Demand No. S.-Intere8t port . . . 568-73 Chargee. . . . 607' Griev&ncell of the pile Demand No. 9.-A.-Repay· grims' too lobe ~ ment to Depreciation Re· .. and Board'. Policy, I8rve Fund . . • in not ~ to Demand No. ll.-New Con· issue cheap Return struction . . . Tickets to the Pil. Demand No. 12.-0pen Lint! grims' . ~ Works . Oveffrowrung in the Trains and Partie cularly in Intor and Third Class PUllen· FRIDAY, 27TH FEBBt.:ARY, 19'::- gel'll' Compartments and inconvenience Member Swam . 609' caused t,o the Travel· Starred Quwtion ~ ling Public int.be_ Answ!!r . 609-10 days . 580-1" Unstarred Question and Railway Accidents ~ Answer. 810-11 Danand NQ. 2-Audit. . 697--'98 Statement!! laid on the Demand No. 3-MilIcella· Table. . . . 112-16· neoUB Expenditure. . 698 The Muslim PeJ'800al Law Demand No. 5-PaymeAts to ~ Applicauon. Indian StateB and Com- iAmentlmOnt.) Bill-Pre- panie.. . . . 598 /ll8ntation of the Report of DeJJl&Dd No. 6·A. W WBDNB8D .... V. 4TB'Jf..t.BCB. ]942-P .... OES. !FRIDAY.6TH M.t.aca. 1942--COftkJ,P ....O •• Members Sworn. 689 Demand No 12·-Execu. Starred Queationa and, tive ,Council-conIa. ADBwers .' . . 639-46 &preuive Policy of the Motion for Adjournment re Government . • 810-:8> Dift'erential treatmeot to· Pension of, Inferior Sor. warde Indian popUlatioa of vants of ·the Govern· Malaya during evacuation ment 'ljIf India 820-22: -Dill8ollowed. . . General di8cuasion of the General Budl8t .... TlrJU'lAl'. 7TR loIARca. 1942-. Starred Queet.ionl and TBU ..D .... V.liTR )lABOR. 1942- Arulwera'. • 828-!'J. Starred QUetitiODa UId Unetarred QueetiOD aDd Answers . eet-70ft Answer' .. , . 8n Stateme.uts laid on the Bill p88IIed by the CouJl(lJ.! of Table. . . 706-09 State . • . • 8211 MotiOD for AdjoW'IUXI6Dt re The Genera.! Budget-List of Non·release of Maulana Demands. . . , 828-11 Habibul Rahman •.• ·Pre. Dem&Dd No. IO.-Indian sident of AII·India Majilis. Posta and Tolegraphll j·Ahrar-Ruled. out of, or- Department (including • der . . . . 709-10 'Wol'king Expel18(8) . - ~ Election of Members to the 851-86 Standing Finance Com- Grie"MCl'S of Portmen and mittee. . • . 710-11 othel' Lower Staff in res- Report on the Progre8$ of the reet of C()mptll8atory Schemes financed from the and Houst! ~ . Allow- Granta for Rural Develop- anCES • • • • 828-34 ment . . . . 7Jl Examinat ions for Inspec- Election of Mem berR for the ton of Post Offioes and Standing CoQllmittee for prosent day' condition of the ,Department of Posta and Telogra.phs Supply .' . . . 711 Department . . 851-58 'I'he InduRt.ri,,] Sta.tisti{·1! Bill Reprt'l'E'>l1tation of MII/'881. ·-Referred to Select Com- mans in Ser"il'8S under mittee. . . . 712-20 the P04lt!l1Uld T .. legraph" 'rho Protiol'ti\'o Duties Con. Depart.mt-nt '. . tinuatioll BiII-P_d . 721-!l8 Demand No. 12.-Ex6<'u, DelllNlM for Supplementary th'e COUDcil . • Grant_Railways. '. &villioD of the Gcvem- ment OrdeN Kgardmg F'A1DAv.6TH MADeR. 1942- C'.()IJI.!D.un&l Ra PAOES. PAO.'. ftTBSDAY, IOTa Ibaoa:, ~ . TUlIIDAr.IOth MAaCK, 19&2-0onld. The G ~ Budget-List of Demand No. 16.-Home De. Demands . . • ~ partment . " .947 , ~N . 38.-Arclueo. Demand No. 16.-Civil De. logy • '. . • 888-95 fence Department·.. . 947 .Hardship and Diacrind. Demand No. l7.-Depart • . nation to whioh Musli", ment of Information and Offioials are subjeoted Broad oasting . " 947 in the Depart",ent. 888-95 Demand No. Itl.-Legislative Deuwui No. 48.-Civil Depal'tlnent \ . " 947 Veterinary Services 895-902 Demand No. i9.-Depart. Inadequate Represent. ment of EdUcation, Health ation of Muslims in and Lands .'.. 947 the services of the Demand No. 20.--J)epart. Imperial Institute of ment of Indians Overaeall 947 Veterinary Research Demand No. 21.-Finanoe especially in the gazet. Department. " 948 ted Ranks . . 895-902 Demand No. 22.--Commerce :Dem,and No. 12.-Exe· Department. " N8 cutive Council . . 902-44 Demand No. 23.-Depart. Preaent sytltem of Pur· ment of Labou.r .• 948 , ~ and Inspection Demand No. 24.-Depart. in the Supply Depart •. mOl\t of ~ . 94.8 ment . . . 902-115 Demand No. ;ZS.-Cent1'll1 Advisability of creating Board of Revenue. . . 94.8 a. Depart",ent of Pro. Demand No. 26.-lndia·Office duction Reparate fro", anel High CommisiJioner'8 Supply. . . 915-32 Establishment charge". 9M Central Gove1"l1lQenli'. Demand No. 27.-Payments Policy in regard. to to other Governments, Civil Defence. . 932-44 Departments, etc., on ac· .Demand No. .~ R . 944 count of the administra- DetQand No. 2.-Central Ex. tion of agency Subjects oise Duties . .. 944 and management of Trea· DelQand No. 3.-Taxes on suries " 949 ~ including Corpc.>r. Demand No. 28.-Audit. 949 . -at Ion Tax . " 944 Demend No. 29.-AdminillL 'Demand No. 4.-Salt . 946 tration ·of J uBtice . 949 Demand Nc,. 5.-0pium _ 9415 Demand No. 30.-Police • 949 'Demand No. 6.-Provineial Demand No. 31.-Portll Excise. " 945 . and Pilotage.. 949 Demand No. .- ~ 946 Demand No. 32.-Light. Deinsnd No. B.-Forest 9415 hOU8e1j and Lighl4lhips. N9 Demand No. 9.-lrrigation Demand No. 33.-Survey of (including Working Ex. India . . .. 950 pellll68) Navigation, Em· Denland No. 34.--Botwoal. bankment and Drainage Survey...... 950 Workfl. . " 945 Demand No. 35.-Zoological .Demand No. 10.-Indian Survey. . .. 950 Posts and Telegraphs De· Demand No. 36.-Geological partment (including Work· Survey . ." 950 ing Expenses) .. 946 Ddmand No. 37.-Minefl. 950 .Demand No. ll.-Intereaton Demand No. 38.-ArchEology 950 Debt and other Obligations Demand No. 39.-Meteoro· and Reduotion or Avoid· logy . 951 anoe of Debt. .. 946 Demand .No. 40.-0ther Demand No. l2.-Executive Scientific Departments 951 Counoil-. . .. 946 Demand No. 41.-Education 951 Demand No. 13.-Council of . Demand No. 4.2.-Medwal State . . .• 946 Services . 951 DemaruJ..N o. H.-Legislative Demand No. 43.-Public Aaaem"ly and Legislative Health. .... 951 Alaembly Department 946 Demand No ....-Agriculture 851 • I vii PAOli •• PAil ... UIlSDAY, lOTs: MAacs:, ~. Tf1118DAY, 10th IlAacH, ~ . Demand ~ . U.-Imperial Demand No. 66.-)fisoellla- COUIlOij. of Agrioultural neoull. . • • 985 Beaearoh . . . 952 Demand No. 67.-Gnmt&·in- Demand No. 46.-Agrioul- aid to Provincial Govern-. tural!larkethlg . . 952 ments. . . . 955 Demand No. 47.-Imperial De and No. 68.-Miscella- Ilistitute of Sugar Tech· . neous Adjustments . be- nology. . . • 952 tween the Central and Pro- Demand No. .~ Ve- vincial Governments . 955 terinary Servioes . • 952 Demand No. 69.-Civil De- Demand No. 49.-Industries. 932 fence . . . 956 Demand No. 50.-80ientiflo Demand No. 70.-Delhi . 956 and Industrial Beaea.rch . 952 Demand No. 7 l.-Aj mer- Demand No. IH.':.-.Aviation . ~ Merwara. . . . 956 .Demand No. 52.-Broad- Demand No. 72.-Panth Pip- oasting. • . . 953·· loda . . . • 956 Demand No. 53.-Capital Demand No. 73.";"Andaman outlay on BroadOll8tiDg and Nicobar Islands • ,956 (Charged to Revenue) . 953 Demand No. U.-Indian Demand No. H.-Emigration Poets and Telegraphs • 956 -Internal . . . 953 Demand No. 75.-Indian • Demand No. 55.-Emigra- POIIts and Telegraphs- tion-External. . . 953 Stores Suspense (Not Demand No. 56.-Commer. charged to Revenue) . 957 cial Intelligence and Sta- Demand No. 76.-Indian tistios. . .' Posts and Telegraphs- Demand No. 57.-Census . 914~ Capital outlay on Tele- Demand No. 58.--.rohlt phone Projects (Not. Stook Companies .. • 954 charged to Revenue) Demand No. 59.-Jliaoella- I Demand No. 77.-Capitalout- neous Departments • 954 lay on Vizagapatam Har- Demand No. 60.-CurreIUlY 954 bour . . .. . 957 Demand No. 6l.-Ithlt . 954 Demand No. 78.-Delhi Capi- Demand No. 62.-Civil taloutla,. . . . 957 Works. . . . 934 Demand No. 79.-Commuted Demand No. 63.-Central Value of PeJUlions. . 957 Road Fund. . . 955 Demand No. .64.-Super- Demand No. 80.-Interest- annuation Allowance8 and Free Advances. . . 967 Peneions . . . Demand No. Sl.-LoaDS 955 . and Advances bearing Demand No. 65.-Stationery Interest. 958 and Printhlg '. 955 LEGIBLATlVEASSEMBLY BtJturday, 14th Febru4f"J/, .1949. j.:. The A A~ . met; in the Assembly Chamber of the Council House at Eleven of the Clock, ;Mr. Ptesident (rr:he Honourable Sir Abdur Rtohim) in the Chair.. ~ ARRE QUESTIONS AND ANSWERS. (a) ORAL ANSWERS. RB.ALISATIONS UND_ TBB EXCESS Paonrs TAS Am. .,. U;·JIr. JaJllDadii M. Mehta: (a) Will the Honourable the ~ Member be pleased to state whether his attention is drawn to a report ~ appeared in the Press that the realisatjons under the Excess ~.. Tax Act in a period Qf nint; months have so far amounted to about 'Rs. AO lakhs against the budgetf'd estimates of Rs. 12 crores? (h) Will the Honourable ~ !'tute why the realisations 111\\'e bep.n so poor? (c) Is it a fact that the majority of the Exoess Profits Tax ~ have not so far been completed? If not, will the Honourable Member state why assessment proceedings under the Exoesa Profits Tax ·Act have. not been completed in respect of a majority of the asseseees? ' (d) Will the Honourable Member state: . .~ (i) the number of assessees who bave been called to submit ret11l'Di under the Act; '(ii) the' number of returns Sf) far :submitted for Ute E ~ A Tax assessment; , ;' (iii) the ~ of assessments so ~ i .'and (iv) the number of assessments pending before the Excess l'rofit8 Tax Officers? ',- . . . . " fte JlOJlO1Ifable Sir "eremy B.&IsIlWl: (a) Yes. The inform.atioJl Is not, however. cott(·ct. The collection of Excess Profits Tax for the nine months ended' JUst D(lcember, 194:1, was about Rs.· 8 crores . .. '(b) Does notarise. (e) The majority of the cases for which Returns have heen received have been disposed of. Such delay &8, has QCcUlT8d is due to inexperience and the addition to the rel'ponsibilities of the Departmer,t of a very heavy volume of new work. The complicated nature of the work with the heavy rat-e or tax involved Bn made.it neceliSary for the eadier.. ~ to he verY carefullv scrl't·inised and instructions Jriven to the staff to ~ . the proper Rnd sympnthetic administration which I llromised' when the .Excess Profits Tax Bill Wl\S wlder discussion in .this House. Inevitably this slowed down the rate of proa-reS8 but 'Jsfore-shlldowed iri .Mr. A ~ speech of the 11th NO\·clllher. 1941, there has been a steady improvement in, the rate. of. progress as is shown by ~ ~ .. given in the ~ part of this am.wer...... '.. ..., 'f" : ( 157 ) U8 LBOISLATIV. ASS.MBLY [14TH Fa. ~ Inevitably the! ~ ~~ ~ the ~ ~~ . . of ~ must be the lut usessmf'lnts to be 'l.odmptetiecf. -but tile Ihnount· bf ta'X assessed and the Ilumber of BsaeBSIDents Qlade both show a considerably accelerated rate 'Of progrel JIr. Lalcband .a\'llral: May I know if instructions have already been iuued to Income-t.ax Officers to he liberal and. W ~ or ~ they going t.o be issued now? .' '. fte Honourable Sir leremy .a"lJp&Q: I have pointed out that that , policy is already being followed and that all these aSSeBRIllents are carefully reviewed at head'luarters. JIr. lamnadu II. Mehta: Are the Government, sat,isfieo with the pro- P!!!'; of ~ yt'ar's coli(,(:tionl1? fte HOII01IJ'r.bie Sir leremy Ballman: (lnvemment Bre satisfied that the . ~ R that i'4 now being made is as good as could be hoped for. JIl. J"amtWlu II. Kehta: ThE're iR distincbion between "is being made" and "actually made". '!lui BODOal'ablp Sir I"emy Batllllan: The Honourable Member talked _hout the veRT's collections. T have admitted that in the eBTlier stAges this work was 'very Ido,Y in going under way, but I pointed out that we have DOW reached a R R R ~ ~ rate of progr88S. JIl. J"amDAdu II. Mehta: In view of the fact that 11 months a.re ~ over. Rre the collections corresponding to the eleven months' 'A8SeBBment? fte BOD01Il&ble Sir leremy Batsman: I flhall deal with that in my budget speech, hut thE- present rate of progress of collection is over a crore • month. Xr. BUllDbhat Abdullabhli LalJ ..: Are any facilities ~ for the .payment of excess T,rc.fits tax? "'1'Iut JIoDDarab1e Sir I.emy Ballman: I think certain reasonable ~ ties IITA ,nven. Blr t .•. J&IDII: 1;urely every possible facility is given for advlmce payments 1 'lb. .Jam nt4u K. Kehta: Rave the assessments made during ~ I." tbrf'e yea"" been completed? . ~~... b1eSir Jerem), ...-aa.: ABBe88menIiH.w8re n,otdue . .t;o ~ ~ ~ during, the Iflst.1!hree years .. The . tax was only imposed leos ~ t.wo yean .,0' and the tint returns werellOt due until, ~ 15 months ~ . Punt11TlOlfS ...G.&DTft llf'lDB-'.L DuT11BB .....OBS. Sir G\II1IDath BewOOl: (a) It is not in the public interest to reveal' details, but I may 888ure the Honourable ~ Aha .... every possible· meaeure has been adopted for India's ... ~ .. (b) On the assumption that the Honourable Member refers to active air defence, the &Dswer is the same 88 glven too part (a). (c) Bnd (d). These are matters for the Provincial Government to de .. with. JIr. Lalchand Ba.llraI: Mav J know from the Honourable Membel' whether any anti-aircraft guns have ~ placed in the ports of Karachi, Bombay nnd Caieutta? Sir G1II'11uth Bewoor: J huvesRid that it is not in the public interest to reveal details. 1Ir. Lalch&nd Jlavalral: With reference to (c) and (d), the Honourable Member Raid that these nre ~ for the Prol'inciltl Government. h not the Central GovE'mment concemf'd with them at an? Sir Garanath .ewoor: The function of the Central Govel'nm8nt i8 the ~ co-ordination of civil defence and the administtlring of ad \-i,'e to Provincial Governments but the actual preparation and execution of ~ defence measures are a provincial .poosibility, 8speoi ..y ae regards matters of detail, as asked for by the Hono\U8bIe Member. PaluUt Lalalhmt Kaut. lhlva: Tn view of the'footthst we ,havE' got It Cil'iI Defence portfolio in the Govemmellt elf India, do I 'undentand the Government of India to say that civil defence measul't'lS, IU'Ch al ~ raid' shelters, are matters exclusively boardering on the Provincial sphere and that the Central Government is wholly concerned with . ~ . nd- vice' as may be Rocght. Is that the position? " - Str Oanmath Bewocr: Yes. 'u: ",' C ;, ~ LMJbml ~~ JIaltra: po I ~ ~~ that ~ . ~ ~ Merrlber 10 charge of CIVlI Defence is maInly .concerned WIth the defenee of the Centrally Administered Areas anti nottbe Prov.incial areas? STAIUUID QUBSTION8 AND ANaw.as 1.- air GUQIUl ••waor: I, have .stated what the functicm, af, PutUt LeJa!hm ! Elata Main: Do I understand that the Central Gov. emment has 110 responsibility excepting tendering of advice and that it has no initiative of its own? air G1II'1IDIA Be... : Any further queation lI'hoold be addressed to the Member in charge of Civil Defence. P&Ddit La'lnlbm! Kulta JllUra: It is a very ~ matter Ilnd my question has not been answered. Mr. l'reIlclent (The Honourable Sir Abdul' Bahim): The Honoumble Member has already answered it. Mr. 1[. O.• ~ May I put" question which 'arises directly out of this. May I know whether the function of the Civil Defence Department ends with tile tendering of advice to the Provincial Governments in such matters or does it extend Riso to C'ollecting informR.tion as regards the steps that the Provincial Governments may have taken in such matters? '!'he Hon01W'ble Sir BeeiUld .oweD: I should require notice of any question relating t,o motters concerning civil defence. . Sir P. E • .Jame.: Is there no direct repret:lentative of the Civil Defence DepnrtmE'nt in thill House? 'l'he Honourable Sir .eg1Dald XuweU: I have t,he respqnsibility for answering questions for the Civil Defence DepaTtment. str r. E . .Jamea: Is there no direct, representative of the Department or is the Honou1"&ble Member ans"'ering out of courtesy? 'l'he Honourable Sir BeJinald ][aweU: I repreRent t.he Departmellt officially in t,his House. Xl. E. O.• ~ In so far M the Honourable Member stated with reference to clauses (c) and (d) of the question that these RrE' mattE.l'8 for the prnvinciRI authorities. may I know whethE'r the Government of Indta consider it part of t.heir duty to keep themselves informed in regard to such matte", and if so" whether they have any information .dealing with thesfl two points namely. parts (e) and (d) of the question? Mr. T. 0bapmaD.-1IortIm.: Are not these questions for another day. being matters relating to civil defence? Sir Gunma.th Bewoor: The question conr.erns two departments. PI¥.jt (R) concerns the Defence Department. It was not quite clear whether part (h) related to active air defence or passive Rir dtlfence and parta- (c) and (d) ooncerned the civil defence QIlly., As it. was a mixed "question. r ,undertook to ,anlwer it, after having pbtahied the information for (c.' ~ (d) from the department concemed. Ifthe question. bod been divided mto different parts. of ~ one portion would ba"e been t.ra.nsferred to the Civil Defence Department. 184, LBOI8LATIVB A88BKBLY [lfTH Fo. 1942 '-'.: " .j .. -! ./ 1Ir. ~ (The Honourable Sir Abdur Riaiim,': tlfht."Ii a ~ ~ ~ whIch has been created since the last Session. At any rate', It ~ a nr·w Department the Chair thinks the best course would be to put ~ ~ questions for that, ~ ~ ~ .... J. DlIIUlm POB .A. BBOADOAm1fO STA'I'IOlf AT NAOPUB. , !ll. ·1Ir: GoviDd V. Deahmukh: Will the Honourable Member in charge Of Information "nd Broadcasting please Itate: : ':"'," !\. ('. , (a) if a 10 K. W. transmitter has been installed at l'fthilwar; (b) if 80, whether it is proposed to shift the ,existiQa, ~ R.W. at Peshawar to Nagpur to estsQlish a ·25 X.W. inedhim \\rave station there; and (c) if he is awaro that a demand for a broadcasting station at Nagpur hus been coniltnutly llIade and a promise to establish one was given about a year ago? -rile BoDourableSIr BeglDald Kuwell: (a) The instullation of 8 10 K.W. transmitter at Peshawar is in band. (b) No. \(c) Yes. A . E~ AND DETEli'I'ION OF Mi. SAll.tT CH.tNDIU. BOsB. '82. *111'. Ama.rendra Bath ~ . (a) Will the Honourable the HonAe Member be pleased to state if he had be(>n requestocl 011 the 26th December, 1941. ~ the Honourable the Chief lfinister of Bengal to put off sending away of Mr. Sarm Chandra Bose from Calcutta., Ilr'rlal'ted under ~ Def£'nce of Indio Act, to nn unknown destinotion-at present in Trichinopoly in jail? If hiEl answer be in the affirmative, will he please make a .st.Rtemeut IlS to what led him to take surh a step dellpite the request r·f the HODQurable the Chief Minister of Provinee? . (b) Is it not a fact that Mr. SnratCpandra,.Base had offered co-operation with Government in its war efforts by ogreelng with the HonoUl'abte Mr. A. K. Faziul Haque, the Chief Minister of Bengal. to form B coalition ministry in Bengal? If so, will the Honourable Member be pleased' to place 011 the tahle a stat.ementsbowing his ~ for the arrest of Mr. 8alat Chandra Bole? (e) Will the Honourable Member be pleased to state if he iR now in a position to ~ 011 the table B11 evidenoe he hus in his possession a.gainst Mr. Sllrat Chuntira. Bose regarding the alleged charge of his complicity with Japan ~ British Government? ,• (d) Will th" Honourable Member. be plaa91!d,'.' toconsidel'tbe"""'''' ' "j fortriatioD• of u trihunal of thre£' Judges t.o try 'Mr. Sarat Chandra Bose" If- not, will he cOll&ider tl.tl quee,t,ion of placing his case befoJ:e ~ Judge.s of, the J[Qnourable Hig'} Courts of three di/Terent Presidencies, vi •. , Oalcutta, ~ and Madras? If not, why not? ' . , ft.e JIoD.o1Uable Sir BeJlDal4 lIuw.n: (a); ,(b) anCl (c). 1 am uDllble to add to the. communique issuea by the Government 'of India at thetirne of, the arrest of Mr. aarat Chandra BOle .. (d) No. STA-BIlBO ; ~ ~ ~ : ~ AlfSWEB8 ~ ~ KIa&. ~.~ A from ~ oommuni,que, will,the lIonourable ':Memb'er kindly' ~ the ,JIOuse whether' it' is not 11 'tact that at the time of transferring Mr. 'Sarat Chandra Bose from the Presi- denc)' Jail, Calcutta, the ~ ~ ~ ~ lIA!.que, the Premier of Bengal, requested the officer toaJlow him to be there for a few hours 8() th.,t he ~ see bis ailing wife and children .and get ready for going away from Calcutta Bnd that request was ~ down by the, officer of the Hon()lIrable Member'!; Department? The HOIlOIU'able Sir Begtn"ld Jluwell: I am not able to give the detail!! 'Of All;\' communication which has been passed between the Government 6f India ond any Minister of thE; Bengal Government. Pandit Laklbmt Kanta Maltl.. : Is the Honourable Member unable to ,contradict me if I say that a ~ time rig. wanted from ilfu; ofticer who accompanied Mr Sarat Chandra Bose by no less a person ·than the Honourable Mr. FRzlul Haque for the simple reaRon that his wife WBS ill whom he wanted to Ree before he actualh·left Calcutta? In fact, Sarnt Chandra Balm had to leave the Central jail with a pair of tom slippers. half shirt and A dhoti. He could not. even take his own bedding Rnd clot,hing ... lIr. Prealdeot (The Honourable Sir Abdur Rahim): The, Honow:able l\Iember is ~ giving information. Pandit Lakahml Kanta Kaltr.. : I am Bsking whether the Honourable the Home Member is awarE: of all this, aJld",hether he .is in. a position to .con- t.radict me? lIr. Pr_cleot (The Honourable' Sir Abdur Rahim): If the Honourable MpllIber knows t.he facts, what is t.he good of Ilf'lking for them? Paadlt Laklhmi Eant. M&ttl.. : I ~ asking ~ ~ are correct or nolo .. , .' . Mr. E. O.• 1011: With. rt;ference to the . ~~ t "I'he Honourable Sir Bepna14 MuweU: Certain machinerv fo!' review hal; been set up In the various provinces. It does :not contain ~ High 'Court Judge in every province. AI; regards Mr.' Sarat Chandra Bose, I am un.hIe to give any l\oswer toO t,he question at present. ,., , 1Ir. E. O.... ~ Does the Honourable Member propose' to conaider ~ matter and give his considered answer later on? , , , fte JIaDourabI. 8ir .....114 ....U: That will be considered in due course. 'LMI8UTIVB USaBLY" ADDII 0., V-su. ~ Kmua Boa' dD!"i:Dc... '.'.... ~ , J!'OBW ABD BLocK. Puldlt I.-ml Kant. MaRra: Am I to understand that these 3",ests- were made by the Provincial Governments and not by the Central Govern .. ment? !"he Boaoarable Sir BegtDaJd lluweU: That is what I said. Sir. Lieat.-OolOlUll Sir BeDl'f Gidney: Is it or is it not a fact that t.he Forwarcl Block has had dealings with the enemy? The BOIlOIII'able Sir Bepu.ld .uwell: I do not think that arise; out of this particular question. Rlt:I.EA8B 0., DBTDU8 AND NON-VIOLENT POLITICAL U ~ . at. -Xl. LIlcl1aDd ••vaUai: fte Bonoarable Sir BegIDald .azweU: (a) Government. are not. in p081e8sion of any list of members of the AU-India 'CongreSs Corrin'iittee and so cannot answer this question. 'There is no reason to believe that anyone (whether a member of ~ All-Jndia .Congress ~ ~ who came Within the terme of the Piese . ~ &f Deeember 4th ~ . the release of Satyagraha prisoners is still in jail. - '", ST4aaBD QUXS'l'IO!IB 'AND AIfSWKBS 1ft '(b) No' further general release'i, contemplated either of: ebnvicted pri- soners or persons detained without trial. But both the Government and also Provincial Governments are engaged, or will shortly be engaged, in .. review'of the caaes of persons aetained' without trial in the COUl'le' of which. these prisOners will hue an opportunity of making such representations os. they wish. (c) The number of detenus or soourit.y prisonera in jail on the lI;t January, ~ WUS, 1,025. I am unuble to give details of the jails in which. they are detained. If by non-violent prisoners the Honourable Member- means Satyagraha prisoners, I can assure him that the policy laid down it) the Government of India's communique, dated Decembe!' the .th, 1941:,. has been carried out. (d) AU the HOurit, prisonen who were in custody in the Deoli Detention. ('ump have been returned to their respective ProVinees. . , Ill. LeJdlaneJ .aYllrll: II the Honourable Member unable t01know that there are 'bongrenmetnbel'8 in jails? Is he not able to'know that from i·he- jails? The BoDourable Sir BeIiDald lluweU: I did not sa;v ~ there wtre no Congress members in jail, that is to say, if the Honourable Membet"' means members of the Congress. I said I could not give informat'on about t he members of ~ All-India Congress Committee. Ill. LalchaDd Ifavalrat: I am asking ahout the members of the All-India Congress Committee. I want to know whether there 8!"e certain All-Cadi. Congress Committee members in the jails and whether the Honourable- Member can give me their number? The HoaoaIable SIr BetiDaId .....eU: The qu.tion referred to the- members of the Al.I-India Congress Committee. . JIr. Lalchuld Ifavalr&t: I am only asking how many members of the- All-India Congress Committee are in jail? Kr. PNIlda (The Honour&ble Sir Abdur Rahim): He is unable t()- give the allSW'er becausE.' he is not in possession of any list of members of' the All-India Congt'84s Committee. ~ the. &.uourable' MemGer,waJlU to· put a new question, he can do so. . l.iN'STARUED UE ~ AND ANSWERS . . 1941 CDst18 OJ' INDIA RBJaoBTS. 11. Kr. If. II. oTOIIht: Will the Honourable the Home Member be- plealled to state: (a) when ~ for 194:1 Census of India will be published; (b) whether there 'are ~ in the ~ ~ of the ~ Gf" the ~ . and., if eo, what they are ; , (0) how the religions, castes and tribes are sub-divided. and whether- he wm plaee Oil the table, of the House the '1iIrtR" of, ~ 'sub- divisiOns; LMI8LATIn ASIBIIBLY . ,".. .- .. ' (d) bow the ~ .~ ~~ are sub-divicled. ~ whether he will place on the table oftne Bouse the li.ts· of the sub-divisiol).B; arid . (e) whether the administrative part&' of the Census Reports are made available to tha students of Cen.uB, and if 80. bow and where? ftt 1I000ourablt Ill' Btglnald JluwtU: <.) The ma;ierial for the Pro- ~ tables is in the Press and. that for the All-India tables will sbllrtly besellt to it but, owing to qtber urgent demands on the . ~ cc:mnected 'With. the WAr, it is not possible to give a date by which ~ y'olumes will be published. ." (b) The Honourahle Member is referred to the ~ given to:,tpe Hon- ourable Mr. M. N. Dalal in the CoIlDcil of . State on .'tfle tlth' November, 1941. to clause (b) of Question 53. (c) There will be no tabulation by religiQll . ~. ~~ ~ trtving population by community will be published. In the ~ figures !or the ·tribal community as r& whole will appear. The question of sub-division, ·therefore, does not arise. (d) There will be no tabulation by languageS:' (e) No. DEFECTIYE LX\'MERATION IN THE E~ RA . }'HoVINCE8 AND }JOMBAY PRESIDENCY. 12. Mr .•••. .J08hi: Will the Honourable the Home Member be 8»leaa;.,cl to state: (a) whether it is a fact that in the Centrlll Provinces there were not pr:nted enumeration slips sufficient t'llough to meet the need and CODltquently blank papel'S were supplied; . (b) whether in the Bombay Presidency only three days were given for the work of enumeration and that ~~ eI)UIlleratiOQ ,has been found defective;. and . .: rt .. .' (c) whether suggestions regarding the carrying out of the enumera· tion by increasing the numb.er of enum .. ~ W~N reO$ived from any quarter and what. happened to .. tP,ese suggestions? ~ ·1I.oDGIIIl'&bIe IIr ....ald JIuwIU: (0.) No $'ucb" defect hAs C' 'me ~ the notice of Government. .,.' (b) The answer to the first part of the question is in the affirmaliy" and to the labtier, in· the negative. (c) All suggestions received were duly considered but to ascertain 'whether this particular suggestion Waf! received' or riot would involve time ~ labour out of proportion to its utility. MOTIONS FOR ADJOURNMENT. BANNING OF THE HINDU MAHASAJIRA 8BSf!UJN AT BHAGALPUB. JIr ...... (The Honourable Sir Abdur Bahioi)': The 'Arlt motion for :adioumment which is to be deBIt with now is one strondiag in the name of Mr. Akhn Chandra ·Datta. Has the Honourable Member bb'tained the, ~ of the Goven.lor.General? .~ _.,: .. ; 11 III. Alddl CAaucID ~ (Chittagongand Rajshahi.l)iviaions: NOll-- Muhammadan Rural): I have received 8 reply that the consent has not baen. granted. 1If. Prtllclent (Thtl Honourable Sir Abdur Rahim): Sd .. thif! motion. cannot be moved. o. :.:: Auy. COKM188IOJiS 'ro AvsrBALlAlul. 1Ir. I'reIIt4lnt ~ Honourable Sir Abdur Rahim): The next ~ .. for adjournment is in the nam.e of Mr. Deshmukh. . He wishes to discua.· Ii definite matter of urgent public importance, namely, "the continuation. h:,' the Government of India of its policy to give Commissions to Australians 0 in the Indian Army irrespective of protests raised b.1 .lnliians". '.• 'J'he Honourable Member himself is perfectly aware that this is ncit 11 queij,ion which is urgent within the meaning of the Rules. This very question 'was mised in the last Session and if it was considered to be a matter for a motion for adjourning the bnsiness of the House, it 'ought 0 to htlve ~ moved then. " JIr. CJoriDd V. Desbmukh (Nagpur Division: Non-Muhammadan,;'··No, Sir, the number of persons who were given commiss;ons in the army W-8S· said to be merely eight as if it was mentioned to be the excuse ... !!" , .... 111'. PrIIidiDt (The Honourable Sir Abdur Rahim): Order, Ord'cr, I' rule that the motion is out of order. lTa(HNh :\LJ.lRD NATIONS FOR DECI..ARA-rION 0' POLITICAl; ~N :SOCIAL Eqt:ALI'l'Y OF WHITE A'Nt> COI.OURED HACKS. 111'. PrtIlcleDt (The Honourable Sir Abdur Rahim): The next JDotio!i.. for adjournment is also in the name of Mr. Deshmukh. It suggests that •• Sir Girja Shankar Bajpai should be instructed as Agent General for India· in the United St.tes of America and who is one of the sigt*tories tlJ the joint declaration signed by twenty-six nations on the 1st of January, 194.2, at Washington, to press thesE' illations for an immediate declaration (If the· political and 800ial equality of white and colour.ed races as one of the ben meam; to fight Rnd end war". I am afraid questions of this cbaracter ~ led to war. Kr. CJcmDd V. Dllbmukb: Are you 'disallowing this ~ 111'. Preatdet (The Bonourl'lble Bir Abdur Rahim): You want to kno... · the reason why it was disa.l1owed by the Governor General ? ( ::::", III. Go9IDd V. D1llhm1lkh: Yes, Sir, o Xi. PnIIdeat (The Honourable Sir A ~ 0 R ~ ~ ~.. .is ·that the JDOt.iOD cannot be' moved without· detrin:wnt o·to public ~. [14TH Fu. 194:' BANJilDfOOF TBJ: ~ U MARUABBA 8U8IQN,. ,AT .BmOALPUBo. , ,".. ..". ,j Mr. PNIIdlDt (The Honourable Sir Abdui' Rahim}: The Best motion for adjournment relates to the ban on Hindu Sabha Conference at Bhagal. pwr. The eoDaent of the- Governor Generalf'mn; seen' A ~ tJDOtion.' . ' • IN.4.DBQUATK ACTION Ai' nKOARDS RKLEASE 010' A .~ R Mr. PnIIldeIlt (The Honourable Sir Abdur Rahim): The next motion is in the name of Mr. Joshi. He wants to move the adjournment of the House for the 'purpose of discustling a definite matter of urgent public im- portance, namely, "the unsatisfactory and inadequate action taken by Government as regards the release of political prisone,s as R result of the -diaouuion that took place in the Legislative Assembly at the end of the .Jut Session ". The Honourable Member does not say httw it" is unsatis· . ~ or inadequate at ~ . He hOIl left it veryvA.gue. Mr ••••• .J0Ihi (Nominated Non-Official): My point is this. I have "8uiO{eated that all the political prisoners be released. MI. ~ (The Honourable Sir Abdur Uahim): Why did not. the Honourable Member suy so in this motion, that all hove not Leen release<\. MI ••• K • .JGIIal: I said that tActiou taken was inadequate and unsMtis· .factory. MI. PreIldeut (The Honourable Sir Abdur Rahim): The Honourable Member knows, t.he question to be discussed on an ,,,djouromeat z;aotion 11as to be definite. However, has the Government got any objection to tnis mothn being moved? '!'luI ...... blt Mr. K. I. AD., (Leader of ,t.he House): Honourable Members must have known of the action the Government. wanted to t.ake. There was a statement with regard to the action taken by Government made in t.his Houae. and if that is the Bubject ofa motion for adjourn . •lllent, then I submit it is too late for him now. Mr ••.•• .JGIIal: The Honourable Member is not right. The state· ment was not made in the House. The statement WIIB pUblished after "'Diy Resolution was withdrawn. That is the fact. A ~ was ilsued on the 8rd or 4th December, not on the day on which the RelOlu- :uon W8S discuued. "!'he Honourable SIr Jl.eJln&ld KuweU (Home Member): We have no objection to the motion, but I would 'Point out that there is a Resolution . down for discussion on the same subject on another day. JIr .•• K • .JoUl: I have not balloted "ny Resolution in mv name. .. ,',", .. ~ ~ ': ; ~. " ': ~. Jlnll4a\ (The Honoutable Sir ~ Rahim): ~ .. . a ~ . "tionJD ,the name of Mr . .AJmU"Cbandra Datta, The pofriti6il' ~ it witl be about £he 'eOOM Resolution fOr that day. The first Resolution . ~ ~ \ • .; I ;is by Sir Abdul Halim Ghuznavi relating to ~ - wlUoh bas been • ,discussed partly the other day and it is not likely to te;ke vetY' much ;more time. ' .. , ,", , ~. The next Resolution relates to ~ ~ in Delhi in which some :Sikh proceeaiona were stopped by the police, That Reaplu ••• iQ.., the :name of Mr. Govind V. Deshmukh. The next· Resolution is in the name of Mr. Akhil Ohandra Datta aDd it asks for the immediate und unconditional release of all political :prisoners and detenul.' It seems to me that thereia a fair, obanee of this nesolution being taken up for discussion on that' day. JIr ••••• 10lb1: Sir, I may point out that it reallY,come. within the ilcope of the ruling which my Honourable friend, Sardar SantSingh, -quoted the other day, that one cannot be sure about a ResOlution COining 'Up for discussion :Ot;l aqy particular day, The Resolution relating to Income-tax is of very great interest to this House and I am sure it will 'take 8 very long time. The second Resolution. relating to Sikh disturb- ance may also take some time. Under the circumstances. I am not sure whether 'the third Retlolution will be reached that day. JIr. Pnaldellt (The HonourRhle Sir AbdUl Rahim): No one can be oQertain about it, but I should think it is likely to be reached . ...... •• •• lCllhl: J submit, Sir, the subject matter of my motion is ·of very great importanr.e, and Government bave no objection. 'JIr. Pnmd8llt (The Honourable Sir Abdur Rahim): Tbe Honourable 'the Home Member has raised a 'point of order. Rule 12(iv) of tbe Indian LE>gislative Rules requires me to consider whether a similar motion on the same subject hu not been put down for discussion. ' Bule ~ lays down: . "t.he mot.ion mn.t. DOt. aDt.icipate.- lit it "err i_,eraet" ,- " .. mat.ter which haa been previoue1v appointed for consideration or with refer- ence to which a notice of motion has been previoual,. ~. Notiee has certainly been given and it has also beentiaUoted foi. the next Resolution day. 8ardar 8Ul' 8Iqh (West Punjab: Sikh): May I submit for the con- -aideration of the Chair the ruling given in 1928 in connection with :\fr Jinnah's motion. That ruling covers tht' ~ ~ . . . Mr. Prtlildent (The Honourable Sir Abdur Rahim): I have considered 'that ruling, Rille 12(iv) of the Indi:m Legislative R'ules seems to me to be quite clear that the motion must not anticipate a matter with l'EIference to which notice has been given. ' . . Sardar Sant II1:qh: I wish to dra.w your nttention, Sho. to this ruling given on 10th March, 1928. The relevant portion reads: "U ~ be nrcued, though it h ... not Mea ~ . that Mt: Jinnall midli pu' _down a motion eveD DOW OR. the ,army ..ttma_, but the anaww to tout ugamen' ,. that. no ODe could .a,. WIth any degree of certaint.y that the motion would be ~ . [It may. or may Dot be that if a notice or mot.ion i • .-iven by Yr. .1innah it WIll be reached] elther on Tharada, or ou Frida, or ,wilt,be NEhed' at all. There is nC) • ~ ~ Singh.] , '_ , " , rt!UCJIl why the Honourable MMlber .houJd take aD1 rialt. In ~ view 'I am.._ ~ to hold that. the mot.ioa iI barred by aatiClpatioa." •• PNIld.. , (The Honourable Sir Abdur Rahim): I rememhfho that'. liut the facts of that case were very ditlerent from this. As a matter of fact in thia C8IIe notice has been given and the Be80lution has been drawn by ballot. Of course, no one Cdn be certain but, there is a pro- bability that it· may be reached. I, therefore, diaallowthe motion u, being out of order. DELAY tN GIVING RBLIBP TO SBOltT-STAPLB COTTON Gi&OWIUlB. . Mr. PrtIldeIlt (The Honourable Sir Abdur Rahim): The, ,next adjourn- mentmotionis in the name of Mr. Govind V. Deshmukh who wants to- diliCWls a denDite matter of urgent public importance, namely, "the harmful delay that is being made by the Government of India to give· eBective and immediate relief to the short-staple cotton growers in this ~ season of 1941-42". How long has thiD delay been going OD:' Mr. GoviDd V. Dubmukh: It has bee II goillg 011 for ti16 lU!it .two months, and I cam onl:v bring it up now. Mr. PreIIlcllDt ('the Honourable Sir Abdur Rahim): WHI! not there a ~ about jtm die last S888ioll'l Mr. 'GOVbUI V. DtUmukh: At that time it WRlI Novenlbcr and llecem- bf,rand the crop starts ...... ,. PreIId_' (The Honourable Sir Abdur Rahim): The mot.ion ·ia clearly out of order. It is neither urgent nor of r€'c€.I1t OCCUlTeuoo within. tbe meaning of the rule. EXPENDlTURB FROII INDIAN RBVENUBS ON MILlT,\RY 'TRAINING' 01' , AVSTRALIAN8. Mr. PnIId..t (The Honourable Sir Abdur .Rahim): The next motion- is in the name of the same Honourable Member who wishes to discuu. n definite matter of urgent public importance, namely, "tbe el'penditura- of Indian revenues on the mili.ary training of Australians to"be ~ 81 military officers in the Indian army " . When did this expenditure takt: place? Was not this question raised in the last Sesaion? Mr. GoviD4 V. Delhm1lkh: No, Sir. In the last Session' an.;th,., was asked by me was 8S to how many Australians were giv€'n emergency oommissions, and they said there were only eigllt. To my questiOll' whether Indian money was spent on their educatiG)n they rep.ied io the' negative. Now they are being given emergenoy ~ Bud· trained' in same of the centres in India and, attached to ~ . Kr...... , (The Honourable Sir Abdur Rahim) : Dill not t1!.e· ~ ~ ~ 'information before, that :an)" ~ Was beillg 'spent on AustralIans here? " , , .... CJodIul "t. DtIIuD1Ilta: No. ·Sir. KO'IJDJf8 I'OR ADJOUBIIIIBNT .173 IIr ·G1II'1lUtIl·.. ewoar (Government of India: Nominap-! Official): Sir, in reply tu II supplementary qut-stion asked by Sir Henry Gidney I mentioned that no e.nditure had been incurred on ~ of· these Australians because tbev bad already been trained at various other training oentl'es. . 1Ir. ·PrelideDt (The Honourable Sir Abdur Rahim): The Honourable the Mover says that since then Indian money is being spent in training these Australians. Sir GUftUlaIil BewOOl: That is not true. No Australian has been or is being trained at prf-lIcnt at any of the officers' training institutions in India. 111'. Prelident (The Honourable Sir Abdur Rahim): I think the Hon- ourable tbe Mover should be satisfied with that statement. The motion is out of order aF! it is bl1sed on a misconception of facts. LOOTING OF Hn.L PBOPLE OF ALMORAH DISTRICT BY THE KAZAKS. Mr. prutdent (The Honourable S:r Abdur Unhun): .The next motion is in the Ilume of Bhai Panna Nand who wishes to discuss a definite matter of urgent public importance, namely, "the inroad and iooting of tht' iJiil )leul'h· of i.he ,\huorllh Dis!rict by thp Kaznks (nulJlberingllbout three thousand) who were in possession of firms and weapons". When did this tnke plRce? Bb&i Parma .and (West Punjab: Non-Muhammadan): It W81S two or three months ago. But we have got this information· only just now. 1Ir. O. K. Ouoe (Secretary, External Affairs DepartmeJ;lt): Sir, 1 hElVe no objection to thilS motion but I submit that it is based on a mis- ccncelption of fact. The Almorah district, as the House is aware, is one of the hill districtt'l of the United Provinces and the motion is 80 put as to give the impression that these KaZRks made an inroad in.to the United Provinces. ThRt i!'l entirely incorrect. They were in Tibet near about Mansarowar snd Kailas, And certain Indian traders allege. that they suffered losses at their hands. It did not occur in the United Provinces at all nor in British territory. They subsequently came into Kashmir but they never entered British 'India or the United Provinoea 'fit all. ~ ..PrIIIdlDt (The Honourable ~ Abdur RabiD?-): In that c,ase the mohon IR out of order.' . , Bhal Parma .and: The Kazaks are fed by money supplied by the Indian Government and the people looted are traders _ho tlllde between Tibet and these hills. ~ 111'. Prelidellt (The Honourable Sir Abdur Rahim): But the incident to'?lt place in Tibet and not. in British India. The HonouNble Member hal Qther means of raisiDg the que8tion but it cannot be done Oft' an edjov.lnmeDt motion. 8 LMIBLA'l'IVB A8811JOLY L14TB FEB. 1 ~ LA'J'IlI CJVRGE BY POLlOK ON MOBURB.UM PBOO•• 81QJiAT UQX.•.. 1Ir. PnIIcIen* (The Honourable .Sir Abciur Hahim): The 'next JDOtiOD .,;tftnds iB the name of Nawab Siddique Ali Khan who wants to discuss u definite matter of urgent public imp<:rtunce, munely, ··the lathi oharge by the city police at Akola on 11 peaceful Mohurrum procession on the Wth Januar.v, 1942, 8S a result of which about 200 ~ were injured, some seriously, and the 'Tazias' and 'Sawaris' were a\andoned and thus n "ery serious situation haE. been creat.ed there". Ali it occurred in Berar. has the Honourable 1Iember obtained the consent of the Governor General to this motion:' Has he applied for his cOllsent? ••...,' SiddlquI Ali lOlan (Central Provinces and Berar: Muham- madan): No, Sir. The constitution is suspendeo there nnd I can only move it here. Kr. PrUitdent (The Honournble Sir Abdul Rahim): But it eannot be moved here without the Governor General's consent. The motion is not in order . ••wab SiddiqUI AU Khan: Can I ~ for sanction now? Mr. Presldmt (The Honourable Sir Abdur Rahim): It. is too ~ now. The rule i .. that in an adjournment motion the question of urgenc:v is very important and whenever there has been an occurrence before thE: Session commences and an adjournment motion is sOllJrht to be moved with reference to t.hat occurrence, it, must be pllt oown for the very first day. That is a well established rule. SIINDING OF INDIAN MILITARY FORCES AND MATERULI, (h-ERSEAS. Mr. Pr8lddent (The Honourable Sir Alidur Rahim): The next D\otion stands in the name of Qazi Muhammad AhmAd 'K'azmi who wantS' to discuss a definite matter of urgent public importance, namely, "the action of the Government of India in sending Indian military forces and materialR over- seas leaving the actual gates and frontiers of India unprovided, for with proper milit.ary defences and depending merely on A, R. P. work". This has been disallowed by the Governor General on the ground that it cannot be moved without detriment to the public interest. I find that the Honou,rable Melllber 'hM combined tbree' motWnR under one notice." This, should not be done. there should be· three separatf> notices. . ;' , , Qul Knbammad Abmad Kum1 (Meerut Division'; Muhammadan Rural): ~ well, Sir. I will follow it in future. FAIT.UB TO RELEASE POLITICAL PRISONERS A}o111 E ~ Mr. Prelidlllt ~ Honourable Sir ~ R ~ ~ ~ acijpum- merit motion is' also in the name of Qm' 'Muh'll'rrimfld AJiihRd KiI?mi. He wi_e."" ~ . iI deflnite matter '61 ~ ~ U i2DpJrlarice, ~ "the failure of the Government of India 'to take steps, in consultation with Provincial Governments, for the immediate release of an ~A MOTIONS FOB ADlOUJUTMBNT 17& • prisoners and de tenus as a measure of reconciliation ~ ~ the Indian opinion for the defence of India. which is extremely' important .in view of the war having reached the very borders' of India". It is open to the same objection, as the motion of Mr. Jotbi',dhat it :anticipates another motion which has been put down in the form of :I I{e80lution. It is, therefore, disallowed. lIr. Prtlldent (The Honourable Sir Abdur Uahim): The next motion* ms also in the name of Qazi Muhammad Ahmad Kazmi. 'l' Qui Muhammad Ahmad Kuml: Sir, I do not wish to move it. ARRESTS OF AND LATHI CHARGE ON 'fRADERS AGITATING AGAINST TIl'B PUNJAB SALES TAX ACT. JIr. Prealdent (The Honourable Sir Abdur Uahim): The next one is 10 the llame of Sardar Sant Singh. He has moved for lin adjournment· -of the business of the Assembly for the purpose of discussing, a definite matter of urgent public importance, namely, . 'the misuse of the provisions -of the Defence of Indili Act in arresting and charging with lathis the peaceful traders for carrying on an agitation against the Punjab Halefl "Tax Act". The Honourable Member ought to have given sOllie idea of the nature 'Of the occurrence. , , Sardar Sant SIngh: The idea is that the Defence of India Act ,was never intended to be . . . , Mr. Pres14ent (The Honourable Sir Abdur Rahim): I want to know what waR th!' milmse of the Defence of India ,Act, When did th¥ take ]>la('o8, and what took 'place? Sardar Sant SiDgh: They have stopped underth.e Defence of· India ~ , . , , . JIr • . ~ (The Honourable Sir Abdur Rn1,1im'): When was this? 'Bard&!' Bant Blngh: It was onl:v recentl:v-about a month back. JIr. PnIldent (The Honourable Sir Ahdur ltRhiin) ~ :m"t'·':We;e the;v ~ .,,' , Bardar But Blngh: The:v were obRervinjX 'harta1 ftb\4 ~ ~ ti,it pro- cAPBions which were broken and lathi charS!'e was made on the peRaefuJ 1:r3clel'R who were expre8Ring their , .. , , 1 r ~ h ;','7" . ~ ·"Tbat the Houae now do adjourn to diecUIII a definite matter of ~ ...... lic imporiant't!, 1';Z" the faillJre of Govemment, of Jndill ~ provid.. ",,"ot.ection for the life Ilnd property ,of ~ . ~ U in.,Nort.bern Iadu...;'p!aQ ,tile ~~ horde. 'Of X ...,.akB al reported In the ~ . 7'tlne., dated 2lad ~ ~.~ ,. 1 , ~ 176 LRGlFlLATI"1!l A8BBKBLY [14TH FaB. ~ lIr. PnIIdlDt ('fhe Honourt&ble Sir Abdur Rahim): When did they atliempt to take out a procession? 8udar IaDt ..: Several processions were attempted and several. times lathi charges have been made. 1Ir. Pnlident crhtl Honourable I:)ir Abdur Rahim): Where? Sardar SaDt SlDJh: In Lahore and Lahore Cautonmeut. 1Ir. Prelideat (The Honourable 8ir Abdur Rahim)': lou ought to hlf,ve mentioned dates, otherwise how are the Go'\"ernment going to Illeet an "legation like this? Kaul&aa Zalar Ali J[haD (East Central PunjHb: Muhmllllllldon): (11\ tOll 8th, 9th alld 10th of February. ~ SaDt SiDlh: I am not concerned with datt's on which luthi chllrge WBtl made. I ani concerned with the libuse of tht> power given to the Government under the Defence of India Act. 1Ir. Pnlideat (The Honourable Sir Abdur Rahim): It must be 8 definite matter. The Honourable Member knows that, SardR SaDt SIDIb: The u.atter is definite. 1Ir. PrtIIdeat (The Honourable Sir Abdur Hahim): Whut was the nature of the ~ of power thnt 'you complain of? Sardar Sant SiDgh: Processions were stO'pped and when the,\" werE' taken out against a local legislation with which the Defence of India Act had nothing to do. the processionists were arrested tinder the Defenc't' of Indin Act and the;v were charged with lnthis, .... PrMIdeat (The HonourabJe Sir Abdur Rahim): Is the Police elll· powered to take Rny Ilction under that? Sardar SaDt SiDgh: They were empowered under the Provinci"t-o.overn- ment's notification iSRued under the Defence of India Act that no pro- cession will be taken out in some tOll-ns and when. the processions were taken out in some towns, traders were arrested and . ~ My point is that the Defence of India Act was never intpndfld _f.or this plJrpoRe. 1Ir. I'nIIldeIlt (The Honourable Sir Abdul' R ~ What.do- you mean' b:v 'Inthi charge'? Sardv Slat Stap: Lathis were used by the, Police ,and rthe ~ were' di.persed: ---- 1Ir. PrIli4at (The Honourable Sir Abdur R. ~ W#.reany head .. broken? SlrdalIa' 1bI&h: Many. Sever.t ~ - ~ -~ hoapitRI for, i!1juriel. ' , MOTIONS FOB ADJOOBNKBNT 177 III. GottD4,V. Delllm1lkb: Some ladies received injuries too. 8ardar ~ 8iDIh: What I' want to censure the GOvern"inent of India 10r is for permitting the use of the Defence of India Act whioh'wata never intended for,· this purpose. The Defence of India Act seems to have '1'epealed the whole of the Penal Code. 111'. Prlllcl., (The Honourable Sir Abdur Rahim): I must hold that ·this motion is not in order. It is an' action taken by the PoHce in the ·discharge of their ordinary duties ..... Sardar SlIlt Sinp: It is not ordinary duty. Mr. Prealdent (The Honourable Sir Abdur Rahim): ... under the Defence of India Act. And that being so, the matter is on all fours with similar cases laying down that an action taken In the COU1'8e' of the ordinar," administration of law cannot be the subject matter of a motioD of Rrljoumment. T. therefore, disallow jt. ](r. Prelident (The Honourable Sir Abdur Rahim): The next one is . in the name of Babu Baijnath Bajoria. He wishes to disc!-)f;s AD Honourable Kember: He is not present. ~E . . Of" ti()'IiEUXl'tIENT STATEMEX'l' "'OR ALLAnXG PCIlUC ApPREHENSIONS 'ABOUT DE)o-EXCE OF }XDl.o\. ](r. President (TIle Honourable Sir Abdur Hahim): Then there is onb in the nallle of Mr. Deshmukh. He wishes to di8cuss a definit.e mutter ~ ur!!imo, Chiang.Kai·Shek, to India's frontiers". j must say that this is II noyd sort of motion for adjournment. At, . ~ rate, I ~ not come :lcross a motion of this character before . . Xr. Govind V. Dellhmukh: It ;S lIot mellllt to censure thi.' Govern- ment· . Mr. Prelident (The HOllourab)(' Sir Abllur Rahim}: ] ullderstand that ~ tIlP Govenlment did not make the stat.ement, the Honourable :lfember desires, the business of the House should be adjourned., Did the Honourable Member ask the Government t.omab any statement? , ' 'llr. CIo9bld V. Delhmuld1: I am asking now. Mr. fttIldlllt (The Honoural>le Sir Abdur Rahim): You caunot do sO 'by meRns of a' motion of adjournment. The business of the Rouse can- 'DC t be put off bJ a motion of this -sort, I disallow the motion. DISPENSING WITH TIlE QUESTION HOUD. O'N::THE GENEnL BUDGET PRESENTATION DAY, Mr. IftIIdeDt (The Honourable ~ Abdur lWlhiol):' i' ~ ioike to- tllke this opportunity to explain to the House, as usuul, ho\\' it i, ~ allotment has been made for questions at the meeting fixed for the' evening. (If thr! 28th February, This year no officiul lIIeetillg, IIpart frolll the) presentution of Budget ut 5 p.III., hilS oeell fixed for tlw.t. ~ .. [thas always been the practica in the past ."·ears to ~ wit.h ql1estiolll' on. such occa8'ions, although our Standing Order 10 lay,; down thKt the first hour of ~ lIIeeting shall be available for Hsking and itm;wering questions. Under t,ll{' present procedm'c for dell ling with.. questiolls and answers. the Chair is required, long before the comment.lCllIent of each Session, to allot the time availllble for unswering ~ to Lhe differ- ent Ueplutlllents of the Government. In accordllnce, thei'efol'e, with our usual practice no ullotment as regards questaon'i WILl' iliad!:' in res}Ject of the evening llleeting for the 28th Ft'bruury fixed ~ His ~ ~ t.he GO\'emor General undel' I'cction ciA(l) in the NinAh !o\chedule of the· G ~ of India Act, H135. and Rule 4:3 of the In THE CODE OF' CRIMINAL R E U U~ (AMENDMENT) BILL. (Ar.lE1WMENT 010' SECTION 4.) Mr. LalchaDd B.va1rai (Sind: Non-Muhanllllltdan R ~ :Sir, I move: 12 NOON. "That the Bill further to amenu the C.Hlc of Criminal Procedul'e. HI18 (Amend. ment 01 ,ection 4), be referreu to a Select. Committee ('onaiattng of the Honourable the Law Member, Sir George Spence. Khan Bahadur Sir- Abdul Hamid. Mr. Muhammad Azhar _"-Ii, Sir Syed Raza Ali, Qui Muhammad Ahmad KaZlJli, Bardar Sent Singh, Pandit Lakahmi Kant.a llaitra. MI'. P .•J. Griftith8, Raja T. Manavedan. Mr. Muham- mad }Iuazzam Sahib Bahadur and the lIover and thllt t.he numher of rilemhertl whOle pruence shall be neceBlBry to constitute a meeting of the Committee ahal1 be five.'" Sir, this Bill of mine has been pending for 8 very long time,·-ill fact it has been pending for a few years, and, at last, it was allowed hy the GO\'ernment to be sent for circulation. Opinions on this Bill have now been collected and they are now before the House. I am glad that the· stage has now arrived when thia Bill can be expeditiously passed, and I trust it will not take aJl unduly long time to th(' House to commit. it, to a; Select Committee. Now, Sir, it can straightaway b{' said thot this Bill of mine which wants to amend Rection 4 of the Criminal Procedure Code pertains to the domain of the legal ~ . It ~~ the legal profeaiK,?n, in P,Srli- cular. 8S ~ seeks to unprove the condition of the legal profeasloll and' alao- of thelitiganta; it also helps the courts to !tty down 8S to who should, follow the legal proieaaion and who are to be authorised b;y any law to. follow this noble and learned profession. Sir, before I read the section which I want to amend, I should like to ~ ,ijJa.... ~ ~. ~ is Buch that we can get qualified and learned men from amongst qualified' ~ to follow the noble pro"BiQll 01. law, awi, therefpre,tbe. ~ anee of penons in criminal courts "bould be w:e8tricted only to' 'those '\-ho. , 178 " TO CODB OF CaUWrAL Paoc.DURB (AMENDMENT) BILL 1'ZQ,-. ! are fully qualified. What the enactment whic:h. 1 ~ to &Dlend points out is that apart from the qualified ~ HQnourable melJlbers of the legal' profession .'...... Mr. BUIIlbbal Ab4all&bha1 r.Ijll (Bombay Centra] Division: Muham- madall Rural): Honourable members I . . Mr. LalchaDd .&,,&Ir&l: Yes, Honourable Ulflmbers; it is un honourable pl'ofession; if anyone doubts it, then I can ShY that he does n6t really meUll to doubt it. ~ what I want to achieve by my Bill is to improve the purity of the pleadings before thE' courts, to have qw4ified persons to appear in courts, persons who can put cases before the comb: in a fair and just manner, and not unqualified persons ~ have not even the modicum of academic education or are half-educated persons, 01' persons who merely enjoy the favour or Jlatronage of Rome of the Illagistrates. I ,think the point involved in this Bill is so simple that I do not think it will need a lengthy speech from me. I shall, therefore, merely read the section which I want to amend and explain briefly whllt portions or it should be eliminated to gi\'e effect to the Bill I have placed before the House. That sectnon ill section 4 and it refers to persons who can appear. in courts, and that section has u definition about, pleadel'. A pleader is a person who passes higher examinations. and then goes through legal learning. and then after passing certain legal examinations, he is enrollecl 8S un ad \"Ocate; onl." then such a person can appear in court on ~ of the IIccnsed, and it is anomalous that unqualified persons, persons who hn\'e no stake, who are not authorised by or responsible under any law should be Rllowed to practlise in courts. Section 4 of the Criminal ProCE" dure Code refers to definitions which have been provided for in the Oode itself in order to enable the provisiolls of the Criminal Procedure Code to hI" ufled. awl in that there is a clause (1) to section 4 which reads thus: .. 'Pleader' used with reference to any proceeding in any court meant a pleadet' or a muktear under auy law"-tM" ;8 important to note-"for the time being in force til pradil'f' in such ~ ~ 'u'ord illclude8-"an advocate, a vakil, and an attorney of a High Court 80 authorised." Tl,r.n if ~ ~ . - ~ other person appointed with the permillSioll of the Court to act in luch proceedlUg". Therefore, this definitlion allows with the permission of the Magistrate of the Court any person to appear, and it is ~ very curious that when the definition provides that the pleader, Dluktear or vakil or even an attorney of a High Court has also to be authorised by law to practise in a Court, the Magistrates should allow, in this 20th century, people from the streets as it were, people without any legal leamingor training, reople who merely wait upon the magistrates and ~ their favour, to appE'Rf in courts. Such a procedure is really all abuleof the provisions. Sir, ill former times there was a class of muktears. but they were nOl authorised then, but they were permitted by courts tp appea.r on oehalf o! their clients. It meant that mukhtars of that kind and any other person, with the per· miuion of the court, could appear on behalf of the acCuFed. In 1928, the Legislature considered that that oourse was Dot; .proper... and not suited to the times. At that time their attention seems to have been drawn only to the question of mukht&rs who were then causing a very great ~. Therefore, the words "mukht&r or" in the Act were deleted, Jt,aving the words. "any other rerson appointed with the permtission of the Court to LJlGlSLATIV8 A8a ....Y £1.0. Fn. 1942 [Mr.. Lalcband Navalrai.] act in such proceeding". On til at occasion the controversy seems to have been with respect to lllukbtars only. 1n olden days, which I may call ancient days, the mukhtars wilde it a regular pl'o{essiol1 and; ~ . in 1923 it was oonsidered that they were no more required, nnd bence they were removed. 1 think it i!; hut common scnse that no other person should be authorised ill the prest'lil conditio)) of the legal profession q.I8D the advocates and lawyers "'htl ..... 'I'Ile Jlonourable JIr ••. S. ADfIJ (l.leuder (if the HOIIRP): 'TIlt' Um·em· ment are not opposing your Dlotion. ~. LalchaDd .avalr&l: I Hili jllst gning 10 tinh:h. I will not till,!· 1\ ~ time. Thi", is the IlIRin portion of Illy Bill. hesides a ~ ~ t·hll.nges like the chHnge of thiN brackpt, lind that. ~ ~ mnin point is t hilt tlH' wnrds "lind U ~ -other person appoint£-'d ,,-ith tht' perll1isRioll of tht, Court to aot in slloh proceedings" should iw delet.ed. With rf'g9.\'cl t.o thi" I have given the reasons in the Statement of Object.,;; nTHl R ~. In the Statement of Objects and ReAsons . . . . • Ill. Prllident (The Honourllhll' Ri,' Abrllll' Hilhinl): The (i(I\"I'l'IlUlt'lIt UI'P not g'oing to uprose tilt' nloti(lu. Mr. LalchaDd •• valral: ~ might help .~ 8elet't ~ . will not take long. but J will !'1ny fl few words. If Mernher!'1 wi!! ~ look lit tht· Stntement of Ohjects Ilnd Rensons-T ",ill I1l')t read it-they will -1m ~ - thnt thert' lire quulified p£-'I'!!On!'1 who arf' IWlliluhll' 1I0W Ill. Pruldent (The Honollrnhlf' Hil' Ahrlllr Rllhim). I think thl' Hon- olll'IIhl£-' }Il'lllher has sllirl thnt mort· thAn Olll"'. Ill. Lalchuld B.valral: 1 lun sa.ving with regllrd to the lawyers. However. III'! I shnll he Oil th(' Select Committee, 1 "hall not worry you lilly 11101't' o\'er this point. I submit that thp ~ will ,Wild tIll' nili to the Select Committee. Mr. Prllident (The HOlloumble 8ir Ahdur Hllhim): :\Ilotioll moved: "That the Bill further to amend the Code of ('riminal Procf'dUI't!. 1898 (.4rw!1I(/· ment of nctiOfl ,#), ,be referred to a Select Committee "oJUlilting of the HOQOurable t.he Law Member, Sir George Spence, Khan flahaour Sir Abdul Hnmid, MI'. lJuhammad Azhar Ali, Sir Syed Raza Ali, Qazi }Iuhammad Ahmad Kltzmi. Sardar Sant Singh, Pandit Lakahmi Kania Mait ... , Mr. p, .J. GI'iffithM, Raja T. Mllnl\,,.dan. !\fr. Muham· mad Muazzam Snhih Rahadur and the }fOvel' and that the number of membera whOll8 pre1e11C8 shall be neceuary to constitute a meeting of t.he Committ.ef\ IIuIIl be fI\'e." JIr. ~~ Abdullabhat Laljle: ~ rising nt thisetage might be surpnsmg to many Honollrllhle Members here. but J rille to oppose the motion that has been made by my Honourahlto friend. ~ . J .. alchand Navalrai. My Honourable friend. Mr, Lalchllnd Navalra.i. 1'elies upon the Statement of Objects _ Rnd ReallOns, but I find that thole object. and rea80Jl8 provide to the ordinary man sufficient reason. to oppe»e the Bill. J have a very ~ regard for th£; legal y»'Ofeuion, Ilmm' thAt . ~ out the country we OGnsider Inw.ven to he the intfliligelltBiR of the country. We allo desire thRt thA IRWYers .ho1.dd leadnl to do .n ·;tbpy oan iorthe good of the (:nuntry. '1'", COOE OF CBUlllfAL, 800IIlKIU _(AIlBNDMENT) BILL lqj Let US .ee ~ is really illter;ulaLby .~ . A l-.rp ~ ~ of yoUll8 people who havl' tuken 'to the .law profession do IlQt.. nnd suftieieut livs.l.ihood to maintain themselves, and ill order to help them some few persons who are doing some work in the districts are to be replaced according to this Bill. It is the vested interest of the lawyer which has promoted the Mover to bring this measure. We, businelllmen, ~ always been nbused', It great deal has be,.n said against us, as beil1g dishonest, as cunning, and what not. High (}overnment 08icials have never been spared from beillg culled COlTUpt or otherwise. Is the profes- :lion of law-and all the Il\wyer£; so bonourable that we do not hear ....y- thing said about them in this HOllse? But 1 can I!lal this in. all serious- ness t,hat all sane and p.lderly people in the country, e\'en the good women folk, advise their :;oung people to keep away from the ~ and the law courts. AD JIoDouable lIember: What do you do yourtlelf? 1[r. BlIItDbhal AbduUabhal Laltee: I Rm fill ~ man who hRS got to go to the luwYl'rs. It cannot be dl'llipd t110t 111Iln,' of them ar f' prospering 011 the ruinR of IIl1my of other prof('sRions ~ difficulty . in gf'ttillg' ~ i" Lid ilt tilt' door of tile ~. It j", II well kilOwn fll!!t that ~ pridt' ~ that we can get good justicl' 110W but at whHt cost? Mnny peopw hn\'e not !lot resources to go then>. ~ lnrge number of people ca.nnot get. Ildvantnge of this justice and even thORP we "an Afford to g-o to these courts are not going,hecause it ill ~ ~ RIl(l ~ he fore .~ can gElt allY justice. For this reRfoon, many people of t ~ lJlerrnntile ~ and other social bodies have start-ed Ilrbitrntiol1 bflllrds. Yi!lage ])al1rhRyats hnd bNm going on formerly Rnd agHin have heen stnrtt>n nnd T. t.herefore, do wish and pmy that many of ~ :voung men. inteilip-ent nnn good. do S01llf, conRt.ructive work in the countr,\'. instead of heillJ! parllsites on society and making their livelihood only Of! 1itiglltioll. T f!R];: is this fRir. is it just? Kr. LalcbaDd Kavalrat: 011 II point of order. IR thi", relevant to my Bi11? Xr. Pl'8Ildent (The Honollfnble Sir Abdnr R.nhinl): It mayor may nut be in good tnste hut it is r€levlmt. Mr. HueDbha, Abdullabhal Laljee: I know "i;Q' well, Sir, that truth R ~ Rpoken i,;; not in good tORte oft·en to. interested parties. Businessmen nre cnned all RortS (If llames altJ10ugh ~ carry ~ trnde and commerce of the ~ ~ . Even when ~ question of price control comeR, it is the husilll'RRmen who are e:llled bv lRw"el's all sorts of llRmes although it is on the ~ of businessmen' thnt 'thev prosper. I wnnt- to ~ that. ~ of ~ ~ people should be :kept nw8Y from thf. lnw conrts 8S also my eOllntrymen should be kept away from, t.he law COllrtR. I would mneh prefer to have ('ommon law ~ . ~. .owtt peOple in II small .\Iajlilt" or l!ImaH meeting, or by Rl'bitration. ...... ItqIa (West., Punjab: $ikh) : This Bill dOAA not denl with it. Iii Mr. · .....bIIal Abcldabbat WI": Look at the statement 'If Objf'ICbI and Rel:l80n'> l1ud whot my friend MAyS tht;re. He lays: 'Members. of the Bllf whOSe field is now overcrowded arl" at '" great disadvantage'. So, ovetcrowding of the professiO'lI is the whole cause. Every now and then in this House we hear vf nil kinds of Vl"lted intereosts. I do not want to' go into nU that now. It is 8aid that the lawyer8' profe8Sion is a very ~ profp!;sioll. Xo ,.oubt, it ir. 1m honourable profeASion, if ~ c!lt'ried out. But whllt cloeR my frit'nd here Ray? He 8ays that. the discretion vested in t.he ~ R R und jUdgt"R is responsible ·for creation of ~ 1111 ohjectiotlablt' mall enjoying tht' patl'O,nage of the niagist.rRtes and jutiges What is thE.' ml'lming? He ~ R thRtmagiRtrat;es go out of their "'flY te, pick lip men ill tht' ~ who beg Of. them to aJ'lpear bero1'f' tht'lJl. TheRe are the gelltlE.'mell who are lawyel'll and who administer jllstic\'. It is said that ~ ~ get hold of people in the fltn'l"tR who Rre bt'ggars lind givl" them pst.rons!!e. Here ill an indictment hy the HonourRhl,· Mt'!mher himself of this honourable profession. To tell you frankly, then' is a check agRillllt evel-ybody hot ilb ftlti as lawyers are concerned, tht'!le if! no check, regularly and !ltrictly observed, in their Rcth·;ties ~ . It is said that there iR '1 'Bar Council and Rll that. T will tE'1I you, honestly and sincerely, thRt we do feel and many regret that nowaday!> tl large numher of Rll kind!\ of R ~ hRve heen doing their work, to Kft:"" the least. in 11 wonderf1l1 ~ . They get hold of !lome person creating in tI'f"m all sorts of hope Rnd tRke out of them ull what he or she has got. He trieR to find out whRt ~ OJ' asset ~ lUlvt'! and thp. first thing tbnt is thereaftel' dOllP is to estRblish as iR thp pructic.l· in the law courts, that is, that the IRwyer hilS got the nrRt lieu for carrying on or for creating litigRtion 011 the property and aSFiets before ~ else. All othE'r crpditorFi, thp maintenance of thE' widows, the orphans Rnd e\'en I'horities and so 011 take R Recondary place. The first thing he does is to get hold of all pappl"!I he can. III this honourable :md fair? Is it equitable and jl;stice? Another thinr. is thRt the.'" CRn with impunity npllf'Rr in ~ cau"p, whether it is " 1I:00d or 1\ bRd 0111". The greatest rogue and litigant in thp ~ or town CRn get the greateRt maTI Rmong them. E ~ per ('('nt. of the cOllnsels, !lolicitors and pleaders koow person!; who are well-known litigants and Rlso great rogueR. Still. if the fees are forthcominll: th(· solicitors and pleader!> will get respt'!ctahlt'! gentlemen of this hOflourablp profession, readily tnke up R case and get, some one to appear for hirr, and I\rgue his caSf- and no one is there to ask him as to why he had bf>en ~ such enRPR and mattei'S. Mun;v times (JJ1 pledge (\f 1II('('urity of various kind theSE> respectable gentlemen take up case a.nd honest peoplE' are puzzled how well-known litigants and badmall1iell, hirlings, succeed and can manage to obtain service of lawyers who Ray the:"" ~ to t·he hononrable profellsion und bow can these peopll" conscientiously come forward to plead H.at he if! innocent. 8ardar lant 8iqh: Innocent of that crime. JIr ...... bbal AbdullMha& LalS": In Mpite of this p08ition of lawyer" these people call businessmen blackguards, and wi,h to callthemselvl$ honourable. They a1'( doing much worse than could be ever alleged against we busineBBmen Rnd still paas on or are ~ at' _liable· 'and honourable in courts. THB CODE ~ CRIMINAL PIIO()SmrllE" t,t,cRNDMENT) nILL ID' .r. Prll1dent (The Honourable Sir Abdur' Rtihim):-"l'he ~ Member is going fI. hit too fur. The object oJ the Bill is that some persollle' who art' not qualified as law,vel'S :should not be allowed to plead! in courts. What ~ Honourable Member ~ arguing is that the profes- sion of 10\\' should lit' nholilllu:·rl. - .r. BUlenbhat AbduUabhai LalJee: It moy come. even to that. It I" ~ Sir, 1«) into\t'rnble . • r. President (TIl(' HOllournhh· Sir ,\hdur Rllh,iln): When 'it COllltlS' to that, the Honournhle l\[(·mbt'f ('nn dill('uss the-quMlt.ioiJ."he Hon. ourable Membt'l' can ~ . wt'H ~ on thiF; motion that persmls who are' not qualified in law ~ be RHoweil to plead. The- Honourable· M('mher's nrgull1l'lIt J1(lW iF; thllt <',-en professional m@n am not to ~ nllowed. 1Ir. Lalchaad. .avalral: Mu,' T 1I11k if tht' HOflOllrabJe Memher's ROn is' n Rurrister or not. . .r. President (Tlw HOllollrnhlt' Rir AlId'lr' Rahim): That doel>noi; nri"e. Order. ordt'r. IIr. Bus8nbhai Abdullabhai Laljee: Thl' reason wh;\' I RIll saying thiR is thut jf WE' 1111lf;( han' ~- inwyt'rs t.hen it hRs bl't'n nnd' 'VIill be- vt'ry costly. 111'. ~ (The Honourable Sir Abdur Rahim): The Honourable- Member h8s dealt with it A ~ . He will now d£-al with the Bill. JIr. BUllnbhai AbdaUabhai Laljee: My point is this. If JOU pre- vpnt people of this type from appearing even in small cases before- ~ it iR going to be 8 very c01lt.ly affair for these poor people (Interruptioll). ~- Honourable friend is only giving me more poillts for' ~- arguments. Tht' opinions on ,,·hich ht' SAyS he relies are. Sir, aU' those of th{< lawyers. In small cases it is much better to employ these- chenp people. In seriot\!; CRRes like murder cases 8lld' so on, which oome- before the learned J l;dges of the High Court, your suggestion may be reAsonable but ~ in A ~ cases should justice for tHe poor man even be made costly. 1 t'ntirely disagree with thE' argument that our young mlln should stoop so low as to do this sort of work and waste fivt' or seven years as ht' F;ays in lnw courts, before earning Anything. Tbe right t.hing would hI' thnt thesp young . men should also do some- constructive good work in tht'courts, and only such who. can do honour- ahlv this profession and can afford to do should taKe .this profession a8 ~ of our greath",-yers have been and Are doing. Even in the interests of the lawyers' sons and the young generation, I submit, these small things may not be given as a bait. If it is found that in the interests of justice, the magistrates or the courts do feel t,hat: some of these· illiterllte ,people do Dot properly represent •.;. tlu!y have. pqWar and' then they can; takt', >!uch steps as ~ think fit. Above these Magistrates are ~ Judges of the High Courts and ·the Cllief Justice and these persons, able all they nre. ought to ,watch proceedings in ~ inl.'hllling High Court ns they CRn certainly call-for :the recOrds of the lower . ~ ..A ASSEMBLY [l4:TH FRB 194:2 [Mr. HusenbUi Abdullabhai .Laljee.] ..oourta and avoid unile('esaary litigation lAnd l'uiu of people. Thtll'e urt: liO many eminent ~ in th", country ~ surely, my Honourable friend -does not mean to suggest that really because of these, people cannot find lawyers anJ Illore if they ehost' tn employ them to plead their Calses. That is lIot so. ~ ~. own p()t;itiou is thll.t we should 110t try to nUlke justice l.unly. Ilnd en('ourage lit.igation for th6 benefit of lawyers .and that the present practice in the Ulofassil courts should continue as far &8 pOssible in the interest of poor men aud in small matters. fte Honourable, 81r Sulu.n Ahmed (i.llw ~ ~ it is just as well to IIlllke tlw position pf tht, Government (Iuite clear at tbi" Mtage. "The position thHt we take up is that of hene\'olent neutrHlitv., All that can he saiel for the Bill Itself hus bet'n said Iwd perhaps more thlln that b:-' the 1Io\'t"r' himseli. All that ('Ull he slIid ngHinst it Ilnd ('Ven what, -could not· Ilt' s!lid against it hn" been said by InV friend, :\£1'. H usimhhai Laljee. As the BHI stands and if no mocllficatiol1a are lllHde, (;n\"ern- ment would Iw (,ompellerl to appal'lt' it: hilt one feell'l that it ill possible to ~ the proposllis in the Relt'ct COrlllllittet· ill Ilueh 11 wily 111.'\ to allOl\' people ",hose presenct' lIIa:v he ~ c·RRt·ntial to appellr Cor the -. ~ of certllin dallllell of CIl,.;es, lind. therefore. We will not. ~ the referellcP to the Rt'lpe't Comnlittpe. Then· IIrf' c""ell in which l'erhAp!; it may he imperatiVE' that· somp pr()\"itlion should he mude to nUn\\" out- siders to come in, though ~ HIli\" .Iot he luwyprs. A .. 1111 iIlu·!ltmtion. J ~ mentiOlI ('Rlles of (·hnritieR whpre hplle\'olpllt "",cietip" tRke IIIJ th!' cause of the rlefencf' in cf'rtllin ClI!;PIl through their own IlIt'n. Thprf' seems tn he no reRson ",hat!;o(wer why the\' should 110t he allowed to \)1' '1'Ppresented hy non-Iawyerll. Thf'rp ~ all10 ('I\";P"; ill hacl,wII J"(1 II'Q(:t!;, slIch as. north of Mllilrllll. Ori"lIll. !';onw plRces ill thp Central Provinces and sonw other pIae'eR in Tnrlio, wh'('re lawyel'i\ llIay not be IIvailahlf;'_ lit, all and it wOllld he f:xceeding!,\' hard if those ~ ure not deRlt with !leparately. There ~ he another chiS" of caSl'Il. for example, defence of Gowrnment sel·VRntR. Departmental ~ ~ hI' deputf'd t() deff'nrl those officerll who mil\' hp in difficult\" RlId there if; no rensoll ",hv law)"ers should necessarily ~ requi<;itioJlt'd 'in such ensps, Un(ler ~ circumstances, Govpmment. will leu\'e the Bill to the frep vot., of the 'House to decide whf'ther it should Ilt!' referred to the Select CC'llllllittp,", or not. Go\'erlllllPnt will remoin neutral. n the House decides to IIpnd ·the Rill to the Selpet Committee. then Wf' propose ('ertain modificationll which, T Ilm ~ would satisfy the II)Y.>Jlsor of the Bill IlS well aa tnose who ~ be opposed to it ns it "tand" nnd ~ may accept it with reasonahle modificationll It i" very aiffic'ult I of ('OUl'IOe, to ~ Mr, HUllenbhai IJnljet'. Rut :lpart from him, it ill 'JlOFltilihle to . inlprove t·he Rill in the Se1t"ct Committet' h:\" modificr.tion which ~ he acceptahle to the HOlISP.. \Ve leave the ~ . ~ to the ROlIAP. Mr. ~ (The Honourable Sir Ahdllr Rahim): The question i!': "That. tile Bill further to amend the Code of Criminal Procedul'e, 18118 (.4//1end- taent 0.1 fectitJft l), be referred to a Select CODUIIitt.ee oonliating of' the ~ the 'Law Member, Sir George Spence, Khan Bahadar Sir Abdul Hamid; Mr. Muhammad .bbar· Ali, Sir 8yed Rue Ali, Qui MubaiDmad Aau.d Kaani, larda1' &lant. Singh, 'Pandit Labluai KaDt& Maitra, Mr. P, J. GrifIlt_, Ra.ja T" "avedla, M ... )JuhanJ- mad M1IIII8I81 8aIiib Babadur and the MDver arul tat the .. numljer of mlllJlMra whoM , p1'ellenc, "hall he . DeC_JOy to coaltit.at. a meeting of the COIIIiaittee abeD be five," The motion W8B adopted. THE MUSLIM PERSONAL LAW (BRA RUT) ~ A (AMENDMENT) BILL. . Qui Muhammad Ahmad Euml (Meerut Dhision: MuhammadaDi RUflll): Sir, I move: "That the BiU to amend the lluHlim Peraonal Law (Sluuiat) Application Act, 193?, be referred to a Select. Committee COIISiatm, of the BOIlOUl'able the La.. Member, Bll'" George Spence, Mr. Muhammad Muazzam Sahib Balladur, Kun"'.ar Baj .. hmaiel Ali Khan. Syed Ghulam Bhik Nairang. }Iaulvi 8yed Murtaza Saillb Babadur, Maulaua Zafar Ali Khan. Khan Bahadur l\lian Ghulam Kadir Muhammad Sbahban, Bhama-ul· Utema Kamaluddin Ahmed. Mr. J. Ram8&;. Scott, Mr. C. P. LaWlC)n, Bardar Sant Singh Bhlli Parma Nand and the Mover and t.hat the number of membera whoae ~ shall be necetllary to conatitute a meeting of the Committee ahaU.be &ve. ". This Bill was circulated for eliciting opinion thereon in the last Session IIno on tho t Ollcllsion I made my point clear that there were certain mistakes. ill the Bill which wert· sought to be corrected by this amending Bill. I lIet'd not Rlly anything more at Uris stage. All the opinions that have beeno mcei\'fld III'P ill favour o!' thi" amendment Ilnd 1 hope t,he House will Ilccept it. Mr. PresIdent (The Honourable Sir Abdur R&him): Motion moved: "That the Bill to amend the llualim Pel'aonal L&w (SAariat) Application Act, l.937;. he referred to II Select CODUllIttee coDlliat.ing of t.he BODOurahIe the La .. Member, Sir· Geol·g .. !;pell ..... Mr. MuhllDlmad i\luaazam Sahib Bahadur,' Kunwal' Hajee Iamaiel Ali Khall. ~ .. d OhulaDl Rhik Nairang. l\laulvi Syed MurtuD Sahib Bahadur, Maulaua. Zaf8l' Ali Khan. Khan BahRdul' ~ Ghulam Klldir Muhammad Shahban, Shame·ul· mema Kamaluddin Ahmed. ~ .... J. Ramaa,· Scott, 1\11'. C. P. LawlIOn, Sardar Sant. Singh. Bhlli Parma Nand and the Mover,' and t.hat the number of members who .. 111'''101'11<'1' ahall be ne('ell8&I')' to (,ODlltitute a meeting of t.he Committee aball .be five.'" The Honourable Sir Sultan Ahmed (Law Member): Sir, there hilS i)een 8 gellE-fal support to the Bill in the opinions received and we, therefore .. !'lupport its refE-l'enee t.o the Select CommittE-e. Mr. President ~ Honourable Stir Abdur HlIhim): The question ill' "That the Bill to amend the :\IUldim PerllOllal Law (STlariat) Application Act, 1937:. I.e referred to a Sell'Ct Committee consist.ing of t.he Honourable t.he Law Member, Sir George SpeDL'l'. Mr. Muhammad l\Iuau.am Sahib B&badur, KunwlU' Hajee lamaiel Ali Khan. ~ Ghulam Bhik Nairang, Maulvi Syed MurtuD Sahib Babadur, Maulana- ZRfRr Ali Khan, Khan nahadur MiaD Ghulam Kadir Muhammad ShahbaD, Shams·ul· Flem. Kamaluddin Ahmed. Mr. J. R ~ Scott, Mr. C. P. LaWHOn, 8ardar Saut SinRh. Bhai Parma Nand and the Mover and that. t.he number of members wboBe prpl'enl'fl Rhall bl' lIecel8&I'Y t{) constitute a meeting of the Committee .hall.be Ive,''' The motion was adopted. THE INDIAN PENAL CODE (AMENDMENT) BrIJL. Qall Kgammld AbmN Kum1 (lleerutDiviaion: Muhammadan Rural): Sir, I move: "That. t.he Bill further to amend t.he Indian P..... Code for a cartain P1IIp088. be circulated for the purpoee of U ~ ..opiniOD thueonby t.Iae 3bt,.Aaguat, 1842." ' This Bill seeks to amend seotions -4:97 and t98 of the Indian Penal' Code. I have dealt in the Statement of Objects and"Reasens with the- whole ~ of this ~ which is maiDly to avoid a.largenumber of ~ that are being committed on aoooUDt·of some laxity in' these two ~ Sir, r lIlO'Ye. ( 186 ) 486 LEGISLATIVE ASSEMBLY liz. .1'nIII4tn\ ('JIbe Htmourable Sir Abdur ~ Motion roored: "That the Bill further to amelld th, Indian Penal Code for a (,'ertain purpoee, . be circulated for the ~ of eliciting opinion thereoll by t he 31st A uguet, 1942." , The ~ S1r Sultul .Ahmed (Lnw ~ Rh·. there if; no . objection to the circulation of the Bill. Kr.P1eatdent (The HonourablE:' Sir Abdur Hahilll': ThE:' question is: "That thl' Bill further to ame.ud thE' lndian Penal Code fot a eertain pUI'pose, lbe circulated fGr the l'U1'JIOMI of ()Iiciting opinion t hereon by the 31st 1A.llgult, 1942." The motion was adopted. THE FEDERAL COUnT E E~ A W ~R nILL. Dr. P ••• B&I1erjea (Calcutta Suburbs: );on-Muhamml\dlln Urban): :Stt, I move: "That the Bill to confer supplemental powers on the FE'deral Court be referrE'd to '. Select Committee ronsiatiDg of !.he HODOurable the Law 1l0illber, Sir George Spence, Sir Syed Raza Ali, Nawabzada Muhammad Liaqat Ali Khan, Mr. l.a.lchand Navalrai, Mr. Govind V. De&hmukh, Mr. p, J. GriflithB, Sir F. E. James, Rao Sahib N. Si.araj, Major Nawab Sir Ahmad Nawaz Khan, Mr. N. M. Dumui .. aDd the Mover aud that the number of memben whOle presence shall .be nec_ry to constitute a meeting of the Committee shaH be five." Sir, this is a short Bill and it contains onl.\' two rrovisions. The first · relates to the power of delegation of duties hv the Federal Court to its · officers. The Federal Court has, by Order YIII, rule I, provided for the exercise by the Registrar of certain powers of the Court. The question is whether the Federal Court ~ authority to delegate its dut.ies to any ,of 'its officers. Section 214(1) of the Governmellt of Indin Act givetl the Federal Court the power to make rules of coart That section say!': "The Federal ~ inay from time to time witl. the approval of the G(l\'t'l'I101' General in t1ia m.cret.ion make rule. of court for regulat.ing the general practicE' and : procedure of the court illc1udiug rule. BI t.o t.he peraona practising. . . . . ," The power of delegation is not mentioned here specifically. Now, the 'question is: ,Is a specific mention of such II power necessary? It was held by the Madras High Court and also by the Calcutta High Court that, in the absence of a specific provision of law, a delegation of duties by any 'of the High Courts was illegal. To meet ~ difficulty section 128, sub- section (2), clause (1) of the Civil Procedure C,ode WI\8 inserted. This clause DOW empowers the High Courts t,o fmmp mles for "the delegation to any Registrar,Prothonot...,-,' or Master, or otl.el otftninl of the Court of : any judi.cial, quasi-judicial: and, non:judicial .~ ~ . , I rna,}' be permitted · to ~ here that 'section 99 of fhf' (3' ~ A ~. E lQ25, although it contains general provisions empowering the Su}>reme Court to "SuI. its procedure, contains allo a specific provivion About, thedelejla- 'tidn' of judicial functions to the officers of Supreme Court. Thus, it np- peaT8' that ,.·general--pro-.naion- aboutliwocedllre l'annotbe held :to cover the ·delegatioll',of:jQ8.iCial funobiOlls. T1ferefore-; it seems to' me' desirable to ~~ the matter baJond all . doltbt. hi m:v oplniort' lltatutonr authority .bou,ldbe·giuD1tothe,Fedeml CoUl't 'to ~ 11;s dwe. to 'its ~ . I aleo. wish to provide that retrospective effect should., _giVeJl' to this ~ . . ;-.:'-: ,.,. 'J'BE FEDERAL ~ . (SUPPU¥JQr":AL POWERs.) BILL .. ~ Now, Sir, the question may be aeked: ~ . U~ .~ to deal with this matter? My answer is, Yes .. Section 215'of the ~ ment of India Act empowers the ~. I.qJ.t,," to IqIU ~~~ by Act for conferring upon the l"ederal Court supplemental powers. I rely on tb'iB for my Bill. -.: '.., There is another provision in this Bill. The second provision seeks to remove the anomaly in the existing procedure-:an anomaly ~ may sometimes lead to very serious consequences. IiJ the case United 1'ro- vinces Governnr.eJ&t versus Atiqa Begum before the ~ .. Court, the Chief Justice, S'ir Maurice Gwyer. stated that under the ~ stands today, "private persons can b.y ~ private . ~ of the ~ ~ or ~~ by collusion, prevent a ProvmCial Government from obtammg a deciSion of the Federal Court on issues of the highest importance" . He recom- mended that necessary legislation be lmdertaken by the Central Legisla- ture. That is the object of the second provision of my Bill. In conclusion; I Wish to make it clellr that my Bill does not seek to .extend the jurisdiction of the Federal Court ill any way. Sir, I tntJVe. Mr. PreaideDi ('fhe Honourable Hir Abdur Hahim): Motion moved: "That the Bill to collfel' sapplemental powf'rs on t,he Federal Court be referred to a Selert Committee consillting of tht. Honoul'able the Law Member, Sir George Spence, ~ 8y"d lliiza Ali, Nawabzsda Muhammad Liaqat Ali Khan, Mr. Lalcband Navalrai, Mr. Govind V. Desbmukh. Mr. P. J. Griftitha, Sir F. E. James, Rao Sahib N. Sivaraj, Major Nawab Sir Ahmad Nawaz Khan, Mr. N. M Dumaaia and the MoveI' and that the numbe!' of memhers whose presence shall be neeel1lllU'y to constitute a meeting of the Committee shan he five." '!'he Boaourable Sir SultuL Ahmed (Law Member): Sir, the Bill seeks to make provision for two matters, firstly, for empowering the Federal Court to delegate to the Registrar or any other cfficer of the Court, judicial, qlta8i-judieilll and non-judicial duties, etc., and. secondly, for an amend- ment of Order I, Rule 10 of tbe Code of Civil Procedure. I feel sure that the Honourable the Mover of the Bill would recognise the disparit.y of these t.wo provisions. Govemment oonaider that it would. be aceeding)y desirahle to separate these two provisions.. The OO\'ernment are prepared to promote a Bill with respect to the mQti;er llIentioned in clause 3, 'Separately, and they will bring an official Bill f01" the consideration of the House. As regnrds clause 2, with the elimination of the provision ~ retrospectiVe effect, Government would make 0 few drafting revision in the 'Select Committee. Tn the circumstances, if the Honourable the Mover of the Bill would accept the suggesti<1ns that. 1 have made, we will 'SIlPpOrt the reference to the Select Committee. ~ " , Dr. P. 11. BaDerjea: I have no objection. Sir Oowujt ""eh&ngir ~ City: Non-Muhl\lIImlldan): . ~ are necessary amendments to an Important· . piece of legislation', 'lidw is it it never FIt-ruck the Government before ~ it was left to a non-01ticiaIMem- ber to bring .in a Bill? They are important (Il' they 'areoot important. If thev are Important, then the Govemment ought to have done iiI'long ago. If they Rre not 'important, it is not wort,h bothering now about. ft. JroaOarabli Sir 8111taa ~. ~ ~ ~ ~ . . ~ LBGflLA1'IVB U ....Ly {14m bB. ~ • 'GOtIIIII It..... : Bow. it you forgot? fte ...... 111' ·Ial_ .&timed: It did not strike us. 1Ir. I'nIlcIeII.t (The Honourable Sir Abdur Rahim): The question is: "That. the Bill to confer lIUpplemeDtaI powera on 'he Federal Com be referred to a Select. Committ.ee colllliat.m, of the Houourable the Law 11__ • Sir George Spence, Sir Sred &0 .. Ali. N"wabzada Muhammad Liaqat Ali Khan, Mr. Lalchand Na,:alrai, ~. ~ . V .• ~ Mr. P. J. Griftltha, Sir F. E. Jam... Baa Sahib N. Sivaral, Malor ~. Sir Ahmad Naw&! Khan. )fr, N. M.. Dumalia and t.he Mate:: .. .tbat the n1llllber of membera whoae preeenca ahall be n_ry to cona...... meeting of the Commit._ mall be five." The motion was adopted. THE CODE OF CRUIINAL PROC'EDUltE (A}fENDMENT) BILL. (AMEX'DMES'T OF SECTIONS 162. 488 I\ND 496.) Qui KnbammlCl AhDlICl JtumI (Meerut Division: Muhammadan Rural): Sir, I beg to move: "That the Bill further to amend the Code of Criminal Procedure, 1898, for certain ~ (A",sumellt of ,echo". 16t .fB8 mad 496), be circulated for t.he purpoee of elicitm, opinion thereon ~ the 311t August, 1942." The reasons for the Bill are fully given in the Statement of Objects and Reasons and I think Government are not opposed to circulation. Sir. I move. 1Ir. PreIld., (The Honourable Sir Abdur Rnbim): Motion moved: "That the Bill further to amend the Code of Criminal Procedure, 1898, for certain purpoaes (A.fMtIdment of Ruti01l8 l6e l88 and ~ . be circulated for tile- purpoac of eliciting opinion thereon h;: the 311t Auguat. 1942." 'file BOD01Il'&ble Sir Sultan Ahmed (LHW Memher): Sir, we do not oppose the circulation. 1Ir. Pnlidellt (The Hc.nounrble Sir Abdur Rahim): The question is : "That the Bill further to amend the Code of Criminal Procedlll't!, 1898, for certain purpo_ (AfI&8ndtftt.llt 01 ,sctitnU 16: .188 find ,$96), be circulated for the- purpoee of eliciting 'opUUOD thereon by t.he 311t ADgtUlt, 1942." The motion was adopted. -" THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) BILL. Qui KuhammlCl AhDaad Kumi (Meerut Division: Muhammadan Rural): Sir, T ~ to move for leave to introduce. 8 Bill turtber.:.toamend the Code of Criminal Procedure, 1898. for the aholitionof Sessions trials with the aid of ullAessors. Ill. PreIldellt (The Honourable Sir Abdur Rahim): Theqllestion is : . "That I."e be granted to introduee a Bill further to &IIleDd the Code of Oriminal Procedure, lB. f.,..·the abolition of See,iona tri.l. with the aid of 8III8IIOr.... The motioJl ~ adopted. • "1", ·4,1. THE I(U.SLIM PERSONAL LAW (81lARlAT) APPLICATION (SECOND AMENDMENT) BILL. QuI KubammlCl DmN ItumI (Meerut Division: ~ Rural): Sir, L beg to move for leave to introduce a Bill further to Imlend the Muslim Personal Law (Shoriat) Application Act, 1987 (8'800nd Amend- mmt). Ill. PnlideDI (The Honourable Sir Abdur Rahim): The question is : "That leave be ~ to introduce a Bm further to amend the Mulim P.nonAl I,aw (STaariat) Application Act, 1937 (Second .4meIlMnentl." The motioll was adopted. Qut Kuhammad .Ahmad Kumi: Sir, I introduce the Bill. 't'HE USURIOUS LOANS (AMENDMENT) BILL. ~ 1II'ubammlCl Ahmad Kumf (Me£'rut Division: MuhaDlmnrJaJr Hural): ~ . I beg to move for Iea-ve to introduce a Bill to limit rateR of interl'Rt and for that purpose furtht'r to Amend the Usurious LoaDS Aet, 191H. :Mr. President rfhe Honournhle Sir Abdur Rahim): The question is : "That leave be granted to introduce a Bill to limit rate. of intel'8lt and for that ~ further to amend the U.lIrioll8 l.o&n. Act, }918 " Thl' motion was adopted. Qazi Kubammad Ahmad Kumi: Sir. I introduce the Bill. The AS'H'mbly then adjourned till Eleven of the Clock on Monday, the Hith 'Februurv, 1942. ( IS9 )