DOI Page / Citation link:
https://doi.org/10.11588/diglit.68026#0081
ROYAL COMMISSION UPON DECENTRALIZATION.
75
Department which has taken place in the last ten
years to the administrative activity which marked
Lord Curzon’s tenure of office.
Calls by the Secretary of State for information
from this Department have shown recently a slight
tendency to increase, but their number is still
insignificant.
44040. You say that the Director of Commercial
Intelligence is not empowered to call for new
returns ; is any other officer, or is your depart-
ment, empowered to call for any new returns,
agricultural statistics, and so forth?—It may be
done by an order of the Government of India.
44041. You cannot do it without an order of the
Government of India ?—No; the Member in
Charge, in practice, may do it.
44042. Do you find that although there may be
no increase in the actual formal returns there is
an increase in what is called the demand for
opinions?—I am answering without having the
exact figures before me, but I think there must
have been an increase in calls for information
from Local Governments during Lord Curzon’s
administration, as so many big questions came up.
44043. Has that thirst ceased or does it con-
tinue?—I cannot remember any special call except
on one point, as regards forest matters, since I
have come into the department.
44044. Do you expect this recent increase of
work, as the overhauling of each department is
finished, will fall again?—I should think so.
44045*. What is the general character of the
restrictions, on the alienation of land by Provin-
cial Governments, and on the grant by them of
land free of assessment or upon favourable terms?
—The general orders regarding the alienation of
land by Local Governments and Administrations
are contained in a Resolution by the Government
of India, dated 6th (February, 1872. Briefly
stated, these orders require that the previous
sanction of the Government of India should be
obtained to:—
I. The sale of land-
(a) When sold for full value, if the Rs.
estimated value exceeds ... 10,000
(b) When sold for a public purpose
on favourable terms, if the
price recovered is less than
half the full value, and in any
case in which the full value
exceeds ... ... ... ... 1,000
(c) Int all cases in which the land is
sold for less than its full value
to individuals for their private
benefit.
II. The gift or* grant of land-
(а) When it is required for the
construction, at the cost of
recognized local funds, of a
Government school, hospital,
dispensary, or other public
work, if the value exceeds ... 3,000
(б) When it is required for any other
public purpose, or is granted to
a private individual for services
to be performed to the State, if
the value exceeds ... ... 500
(c) When it is granted for services to
be rendered to the community,
if the value exceeds ... ... 100
(d) In all cases of grants to indi-
viduals for their private benefit
irrespective of any services to
be performed.
Alienations made under these rules are reported
by each Local Government and Administration to
the Government of India in an annual return.
These rules do not apply to the allotment of lands
belonging to Government for purposes of cultiva-
tion subject to assessment, which in raiyatwari pro-
vinces is a normal feature of the administration.
In most provinces again special rules have been
drawn up to regulate the disposal of waste lands.
In Madras and Bombay these rules are issued
t This condition was added by a subsequent Resolution
No. 1—645-655, dated 31st August, 1877.
33383
without reference to the Government of India, but
in other provinces the usual practice is to obtain
the approval of the Government of India before
issuing or altering them. Separate rules were also
framed by the Secretary of State in 1894, in the
exercise of the powers conferred upon him by sec-
tion 1 of the Government of India Act of 1859
(22 and 23 Vic., c. 41), to limit the contractual
powers of the Government of India and of Local
Governments in respect of “ concessions, grants,
leases, and contracts ” made or entered into with
“ any person, firm, company, syndicate, munici-
pality, or other public body ” for “ mining,
milling, or any other industrial purposes, or for
the purpose of any railway, tramway, water works,
or other undertaking of a like nature.” Finally,
concessions of mining rights are governed by
separate rules issued with the sanction of the
Secretary of State for India in 1899.
As regards the restrictions on the grant by
Provincial Governments of land free of assessment
or on favourable terms, it should be noted in the
first place that the Resolution of the Sth Febru-
ary, 1872, cited above, refers solely to the aliena-
tion of proprietary rights in lands which belong to
Government, and that separate orders have been
passed regarding the alienation of land revenue.
Revenue-free grants may be divided into two
main classes—(1) grants for public or g-uasi-public
purposes, and (2) grants to private individuals.
In respect of the former class the following
rules have been laid down: —
(a) Lands such as roads and sites of hos-
pitals, dispensaries, schools and the like
which yield no return to private indi-
viduals or local bodies and are devoted
to public purposes, should be exempt
from assessment to land revenue sub-
ject to the conditions (1) that when the
value of the land revenue proposed to
be remitted capitalized at 4 per cent,
exceeds the limits laid down in the
Resolution of the 6th February, 1872,
regarding alienations of land, the pre-
vious sanction of the Government of
India shall be obtained, and (2) that
the exemption shall continue only for
such time as the purpose for which the
land was granted is fulfilled.
(b) Lands appropriated for markets, cart-
stands and similar objects, from which
an income is raised, should contribute-
their share of land revenue.
In regard to revenue-free grants to private per-
sons for the support of q-uasi-pulblic institutions,
the general view of rhe Government of India, as.
expressed in a Punjab case, is, that where the
object is to assist a charitable institution, a money
grant is preferable to a gift of land. “ The ad-
vantage of a donation in this form,” it was re-
marked, “ is that it manifestly and obviously
comes from the Government exchequer, and that
it can be withdrawn directly the ruling power
considers that the institution is not so managed as
to meet its ends. There is, however, much more
practical difficulty in withdrawing Government
support when the aid given takes the form of a
grant of land. The connection of Government
with the institution as a contributor is then lost
sight of both by the donor and the donees, and it
becomes a difficult and ungrateful task to transfer
the land from the occupation of the grantees when
they have been in possession of it for a consider-
able period.”
Grants of land free of revenue to private per-
sons for their personal benefit are rare, and, in
almost all cases, require the sanction of the-
Government of India, the general policy being
that “ the greatest caution should be observed in
parting with State property to private individuals
otherwise than at its full value and that free
grants of land should be permitted only under
very exceptional circumstances of political ex-
pediency.” Local Governments, however, may,
without reference to the Government of India,
“ in recognition of special service rendered to the
police or to the criminal administration by a
K 2
4L-. R. IV.
Carlyle.
4 Apr., 1908.
75
Department which has taken place in the last ten
years to the administrative activity which marked
Lord Curzon’s tenure of office.
Calls by the Secretary of State for information
from this Department have shown recently a slight
tendency to increase, but their number is still
insignificant.
44040. You say that the Director of Commercial
Intelligence is not empowered to call for new
returns ; is any other officer, or is your depart-
ment, empowered to call for any new returns,
agricultural statistics, and so forth?—It may be
done by an order of the Government of India.
44041. You cannot do it without an order of the
Government of India ?—No; the Member in
Charge, in practice, may do it.
44042. Do you find that although there may be
no increase in the actual formal returns there is
an increase in what is called the demand for
opinions?—I am answering without having the
exact figures before me, but I think there must
have been an increase in calls for information
from Local Governments during Lord Curzon’s
administration, as so many big questions came up.
44043. Has that thirst ceased or does it con-
tinue?—I cannot remember any special call except
on one point, as regards forest matters, since I
have come into the department.
44044. Do you expect this recent increase of
work, as the overhauling of each department is
finished, will fall again?—I should think so.
44045*. What is the general character of the
restrictions, on the alienation of land by Provin-
cial Governments, and on the grant by them of
land free of assessment or upon favourable terms?
—The general orders regarding the alienation of
land by Local Governments and Administrations
are contained in a Resolution by the Government
of India, dated 6th (February, 1872. Briefly
stated, these orders require that the previous
sanction of the Government of India should be
obtained to:—
I. The sale of land-
(a) When sold for full value, if the Rs.
estimated value exceeds ... 10,000
(b) When sold for a public purpose
on favourable terms, if the
price recovered is less than
half the full value, and in any
case in which the full value
exceeds ... ... ... ... 1,000
(c) Int all cases in which the land is
sold for less than its full value
to individuals for their private
benefit.
II. The gift or* grant of land-
(а) When it is required for the
construction, at the cost of
recognized local funds, of a
Government school, hospital,
dispensary, or other public
work, if the value exceeds ... 3,000
(б) When it is required for any other
public purpose, or is granted to
a private individual for services
to be performed to the State, if
the value exceeds ... ... 500
(c) When it is granted for services to
be rendered to the community,
if the value exceeds ... ... 100
(d) In all cases of grants to indi-
viduals for their private benefit
irrespective of any services to
be performed.
Alienations made under these rules are reported
by each Local Government and Administration to
the Government of India in an annual return.
These rules do not apply to the allotment of lands
belonging to Government for purposes of cultiva-
tion subject to assessment, which in raiyatwari pro-
vinces is a normal feature of the administration.
In most provinces again special rules have been
drawn up to regulate the disposal of waste lands.
In Madras and Bombay these rules are issued
t This condition was added by a subsequent Resolution
No. 1—645-655, dated 31st August, 1877.
33383
without reference to the Government of India, but
in other provinces the usual practice is to obtain
the approval of the Government of India before
issuing or altering them. Separate rules were also
framed by the Secretary of State in 1894, in the
exercise of the powers conferred upon him by sec-
tion 1 of the Government of India Act of 1859
(22 and 23 Vic., c. 41), to limit the contractual
powers of the Government of India and of Local
Governments in respect of “ concessions, grants,
leases, and contracts ” made or entered into with
“ any person, firm, company, syndicate, munici-
pality, or other public body ” for “ mining,
milling, or any other industrial purposes, or for
the purpose of any railway, tramway, water works,
or other undertaking of a like nature.” Finally,
concessions of mining rights are governed by
separate rules issued with the sanction of the
Secretary of State for India in 1899.
As regards the restrictions on the grant by
Provincial Governments of land free of assessment
or on favourable terms, it should be noted in the
first place that the Resolution of the Sth Febru-
ary, 1872, cited above, refers solely to the aliena-
tion of proprietary rights in lands which belong to
Government, and that separate orders have been
passed regarding the alienation of land revenue.
Revenue-free grants may be divided into two
main classes—(1) grants for public or g-uasi-public
purposes, and (2) grants to private individuals.
In respect of the former class the following
rules have been laid down: —
(a) Lands such as roads and sites of hos-
pitals, dispensaries, schools and the like
which yield no return to private indi-
viduals or local bodies and are devoted
to public purposes, should be exempt
from assessment to land revenue sub-
ject to the conditions (1) that when the
value of the land revenue proposed to
be remitted capitalized at 4 per cent,
exceeds the limits laid down in the
Resolution of the 6th February, 1872,
regarding alienations of land, the pre-
vious sanction of the Government of
India shall be obtained, and (2) that
the exemption shall continue only for
such time as the purpose for which the
land was granted is fulfilled.
(b) Lands appropriated for markets, cart-
stands and similar objects, from which
an income is raised, should contribute-
their share of land revenue.
In regard to revenue-free grants to private per-
sons for the support of q-uasi-pulblic institutions,
the general view of rhe Government of India, as.
expressed in a Punjab case, is, that where the
object is to assist a charitable institution, a money
grant is preferable to a gift of land. “ The ad-
vantage of a donation in this form,” it was re-
marked, “ is that it manifestly and obviously
comes from the Government exchequer, and that
it can be withdrawn directly the ruling power
considers that the institution is not so managed as
to meet its ends. There is, however, much more
practical difficulty in withdrawing Government
support when the aid given takes the form of a
grant of land. The connection of Government
with the institution as a contributor is then lost
sight of both by the donor and the donees, and it
becomes a difficult and ungrateful task to transfer
the land from the occupation of the grantees when
they have been in possession of it for a consider-
able period.”
Grants of land free of revenue to private per-
sons for their personal benefit are rare, and, in
almost all cases, require the sanction of the-
Government of India, the general policy being
that “ the greatest caution should be observed in
parting with State property to private individuals
otherwise than at its full value and that free
grants of land should be permitted only under
very exceptional circumstances of political ex-
pediency.” Local Governments, however, may,
without reference to the Government of India,
“ in recognition of special service rendered to the
police or to the criminal administration by a
K 2
4L-. R. IV.
Carlyle.
4 Apr., 1908.