DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.68026#0083
ROYAL COMMISSION UPON DECENTRALIZATION.
77
land which is waste may, for the purpose of cultiva-
tion only, be made to persons other than natives
of Burma by the Collector and for other purposes
by the Local Government. Provided that no lease
shall be made to any one person, or set of persons,
of an area exceeding 10 acres, and that no greater
area shall be leased than will make up the total
of the land held by the person, or set of persons,
under lease, to ten acres.” At the time the rule
was framed it was considered undesirable to allow
foreigners to acquire land in Upper Burma. The
exception was introduced in 1895 to meet the case
of Chinese and Indian market gardeners, and others
in like circumstances. Apparently the Lieutenant-
Governor now proposes to remove all restrictions
on the acquisition by non-Burmans of land in
Upper Burma. The Government of India have
received no proposals on the subject from the
Government of Burma, and without fuller informa-
tion I am not prepared to express an opinion on
the advisability of a change of policy, which if
adopted must obviously produce far-reaching
political effects.
44049*. What are the general restrictions on the
powers of provincial Governments in respect of revenue
settlements outside Madras and Bombay ? — The
general restrictions imposed on provincial Govern-
ments, outside Madras and Bombay, are as follows :—
(A) Inception of Settlements.
No settlement can be undertaken without the pre-
vious sanction of the Government of India before
whom a carefully prepared estimate of financial results
must first be placed. It was in Lord Ripon’s time
that orders to this effect were first issued ; the inten-
tion being partly to obtain information of financial
importance, but chiefly to prevent expenditure and
harassment of the people in cases in which there was
no substantial reason for a new settlement. These
are executive orders which were last affirmed in 1896
(despatch to the Secretary of State, No. 254, dated the
3rd September 1895, which was forwarded to Local
Governments with the Government of India’s letter,
dated the 6th of January 1896). The sanction of the
Government of India to the inception of settlements is
also required by statutory provision in the Punjab,
' Central Provinces, Assam, and Coorg.
(2?) Confirmation of Settlements.
The practice regarding the confirmation of settle-
ments is as follows :—
(1) The United Provinces and the Punjab.—The
United Provinces and the Punjab are empowered by
enactment to confirm settlements.! Under the assess-
ment instructions, however, in force in the Punjab, if
the re-assessment of a tdhsil falls short of the fore-
cast by more than 15 per cent, the sanction of the
Government of India has to be obtained before the
re-assessment is actually announced, unless the
deficiency is covered by a surplus in other tahslls
already assessed under the same sanction.
(2) Central Provinces.—Under sections 53 and 56
of Act XVIII of 1881, settlements have to be con-
firmed by the Government of India. A tafisil report
has to be submitted to the Government of India con-
taining a short account of the salient agrarian and
economic features of the tract, the rates of rental
enhancement of each class of tenant justifiable upon
general considerations, standard rates of rental en-
hancements which it is proposed to adopt, the standard
percentage of assets which it is proposed to take from
proprietors, the estimated increase of the new over the
old assessments of the tract, and the precise term for
which the settlement is to be made. Should the
Settlement Officer subsequently have reason to believe
during the course of settlements that the percentage
of the total rental enhancements will differ by more
than 10 from the sanctioned standard, or that the
amount of the proposed revenue demand will differ by
more than 10 per cent, from the amount which would
have resulted from the application of the sanctioned
Government share to the assets as finally ascertained,
the probability of the deviation occurring, and the
reasons for it, must be reported to the Government of
India. A modification of the orders which, if carried
f Section 94 (1) of the United Provinces Act III of 1901,
and Section 53 (1) of Punjab Act XVII of 1887.
out, will give the Chief Commissioner greater power
to approve of assessment proposals, is under con-
sideration.
(3) Burma.—Under the Burma Assessment In-
structions, the Local Government’s proposals as to
the revenue rates proposed have to be submitted to
the Government of India for sanction. The proposals
are submitted in the form of a draft Resolution on the
Settlement Officer’s report.
(4.) Assam.—In Assam under section 34 (a) of the
Assam Land and Revenue Regulation, settlements
require the sanction of the Government of India, but
this section was withdrawn from the Assam Valley by
a notification issued by the Chief Commissioner in
1886. The Local Government has, however, been
requested to continue to submit the final reports of
settlements in this area for approval, pending the con-
sideration of the amendment of the Regulation.
(C) Duration of Settlements.
The Secretary of State in his Despatch No. 117,
dated the 24th October 1895, decided that 30 years
should ordinarily be the term for settlements in the
North-West (now the United) Provinces, that 30 years
in some districts, and 20 years in most districts, should
be the ordinary term for settlements in the Punjab,
and that 20 years should be the ordinary term in the
Central Provinces. In backward tracts like Burma
and Assam, and in exceptional circumstances such as
exist in Sind, the term was to be shorter. The periods
of settlements are fixed in accordance with these in-
structions, in the Punjab and United Provinces by the
Local Government, and in other provinces by the
Government of India, when confirming the settlement
reports. In Assam the period has now been extended
to 20 years for occupied lands, and the Government
of Burma has recently been asked to consider whether
the term of settlements in Burma should not also be
extended.
44050*. Could any of these restrictions be relaxed ?
In particular, would it be possible to give Local Govern-
ments generally a free hand in regard to revenue settle-
ments, or irrigation assessments, subject to general rules
laid down by the Government of India ?—An examina-
tion is now being made by the Revenue Department
into the question of the possibility of laying down
definite rules limiting the amount of enhancement
which can be imposed at any settlement. Should this
be practicable it would probably be possible to modify
considerably the existing rules. For the present, how-
ever, it would seem desirable that the Local Govern-
ments which now submit settlement reports to the
Government of India for confirmation should still
announce the assessments as being subject to confir-
mation by the Government of India, though it seems
unnecessary that they should submit as they now do a
draft of their orders before issuing them.
Where settlements of land revenue are based on
irrigational facilities the same rules apply to their
confirmation as those applicable to ordinary land
revenue settlements. For example, settlements in
Sind are confirmed by the Government of Bombay,
without reference to the Government of India. But
in most provinces rates for the use of canal water are
levied independently of the land revenue. In Madras,
Bombay, Bengal, and Burma the Local Governments
are empowered to fix such rates without reference to
the Government of India. In Madras the irrigation
receipts from major works are at present wholly
Imperial, but half will be provincialized from 1st April
191)8. In Bombay the irrigation receipts are half
Imperial and half Provincial. In Bengal they are
wholly Provincial. In Burma the irrigation receipts
from major works are wholly Imperial, and those from
minor works and navigation wholly Provincial.
Under section 75 (4) of the Northern India Canals
and Drainage Act, rules regulating the charges made
under the Act require the previous sanction of the
Governor General in Council. This Act applies to
the United Provinces, the Punjab, and tne Central
Provinces. In the Central Provinces tfiere are at
present no irrigation canals. Various schemes are
under consideration, but the principles on which the
water rates will be levied have not yet been settled.
In the Punjab five-eighths of the direct receipts from
major irrigation works are Imperial, while the receipts
from minor works and navigation are wholly Imperial
except in the case of two systems. While this arrange-
ment continues, I think the Government of India
Mr. It. MI
Carlyle.
Apr.. 1908.
77
land which is waste may, for the purpose of cultiva-
tion only, be made to persons other than natives
of Burma by the Collector and for other purposes
by the Local Government. Provided that no lease
shall be made to any one person, or set of persons,
of an area exceeding 10 acres, and that no greater
area shall be leased than will make up the total
of the land held by the person, or set of persons,
under lease, to ten acres.” At the time the rule
was framed it was considered undesirable to allow
foreigners to acquire land in Upper Burma. The
exception was introduced in 1895 to meet the case
of Chinese and Indian market gardeners, and others
in like circumstances. Apparently the Lieutenant-
Governor now proposes to remove all restrictions
on the acquisition by non-Burmans of land in
Upper Burma. The Government of India have
received no proposals on the subject from the
Government of Burma, and without fuller informa-
tion I am not prepared to express an opinion on
the advisability of a change of policy, which if
adopted must obviously produce far-reaching
political effects.
44049*. What are the general restrictions on the
powers of provincial Governments in respect of revenue
settlements outside Madras and Bombay ? — The
general restrictions imposed on provincial Govern-
ments, outside Madras and Bombay, are as follows :—
(A) Inception of Settlements.
No settlement can be undertaken without the pre-
vious sanction of the Government of India before
whom a carefully prepared estimate of financial results
must first be placed. It was in Lord Ripon’s time
that orders to this effect were first issued ; the inten-
tion being partly to obtain information of financial
importance, but chiefly to prevent expenditure and
harassment of the people in cases in which there was
no substantial reason for a new settlement. These
are executive orders which were last affirmed in 1896
(despatch to the Secretary of State, No. 254, dated the
3rd September 1895, which was forwarded to Local
Governments with the Government of India’s letter,
dated the 6th of January 1896). The sanction of the
Government of India to the inception of settlements is
also required by statutory provision in the Punjab,
' Central Provinces, Assam, and Coorg.
(2?) Confirmation of Settlements.
The practice regarding the confirmation of settle-
ments is as follows :—
(1) The United Provinces and the Punjab.—The
United Provinces and the Punjab are empowered by
enactment to confirm settlements.! Under the assess-
ment instructions, however, in force in the Punjab, if
the re-assessment of a tdhsil falls short of the fore-
cast by more than 15 per cent, the sanction of the
Government of India has to be obtained before the
re-assessment is actually announced, unless the
deficiency is covered by a surplus in other tahslls
already assessed under the same sanction.
(2) Central Provinces.—Under sections 53 and 56
of Act XVIII of 1881, settlements have to be con-
firmed by the Government of India. A tafisil report
has to be submitted to the Government of India con-
taining a short account of the salient agrarian and
economic features of the tract, the rates of rental
enhancement of each class of tenant justifiable upon
general considerations, standard rates of rental en-
hancements which it is proposed to adopt, the standard
percentage of assets which it is proposed to take from
proprietors, the estimated increase of the new over the
old assessments of the tract, and the precise term for
which the settlement is to be made. Should the
Settlement Officer subsequently have reason to believe
during the course of settlements that the percentage
of the total rental enhancements will differ by more
than 10 from the sanctioned standard, or that the
amount of the proposed revenue demand will differ by
more than 10 per cent, from the amount which would
have resulted from the application of the sanctioned
Government share to the assets as finally ascertained,
the probability of the deviation occurring, and the
reasons for it, must be reported to the Government of
India. A modification of the orders which, if carried
f Section 94 (1) of the United Provinces Act III of 1901,
and Section 53 (1) of Punjab Act XVII of 1887.
out, will give the Chief Commissioner greater power
to approve of assessment proposals, is under con-
sideration.
(3) Burma.—Under the Burma Assessment In-
structions, the Local Government’s proposals as to
the revenue rates proposed have to be submitted to
the Government of India for sanction. The proposals
are submitted in the form of a draft Resolution on the
Settlement Officer’s report.
(4.) Assam.—In Assam under section 34 (a) of the
Assam Land and Revenue Regulation, settlements
require the sanction of the Government of India, but
this section was withdrawn from the Assam Valley by
a notification issued by the Chief Commissioner in
1886. The Local Government has, however, been
requested to continue to submit the final reports of
settlements in this area for approval, pending the con-
sideration of the amendment of the Regulation.
(C) Duration of Settlements.
The Secretary of State in his Despatch No. 117,
dated the 24th October 1895, decided that 30 years
should ordinarily be the term for settlements in the
North-West (now the United) Provinces, that 30 years
in some districts, and 20 years in most districts, should
be the ordinary term for settlements in the Punjab,
and that 20 years should be the ordinary term in the
Central Provinces. In backward tracts like Burma
and Assam, and in exceptional circumstances such as
exist in Sind, the term was to be shorter. The periods
of settlements are fixed in accordance with these in-
structions, in the Punjab and United Provinces by the
Local Government, and in other provinces by the
Government of India, when confirming the settlement
reports. In Assam the period has now been extended
to 20 years for occupied lands, and the Government
of Burma has recently been asked to consider whether
the term of settlements in Burma should not also be
extended.
44050*. Could any of these restrictions be relaxed ?
In particular, would it be possible to give Local Govern-
ments generally a free hand in regard to revenue settle-
ments, or irrigation assessments, subject to general rules
laid down by the Government of India ?—An examina-
tion is now being made by the Revenue Department
into the question of the possibility of laying down
definite rules limiting the amount of enhancement
which can be imposed at any settlement. Should this
be practicable it would probably be possible to modify
considerably the existing rules. For the present, how-
ever, it would seem desirable that the Local Govern-
ments which now submit settlement reports to the
Government of India for confirmation should still
announce the assessments as being subject to confir-
mation by the Government of India, though it seems
unnecessary that they should submit as they now do a
draft of their orders before issuing them.
Where settlements of land revenue are based on
irrigational facilities the same rules apply to their
confirmation as those applicable to ordinary land
revenue settlements. For example, settlements in
Sind are confirmed by the Government of Bombay,
without reference to the Government of India. But
in most provinces rates for the use of canal water are
levied independently of the land revenue. In Madras,
Bombay, Bengal, and Burma the Local Governments
are empowered to fix such rates without reference to
the Government of India. In Madras the irrigation
receipts from major works are at present wholly
Imperial, but half will be provincialized from 1st April
191)8. In Bombay the irrigation receipts are half
Imperial and half Provincial. In Bengal they are
wholly Provincial. In Burma the irrigation receipts
from major works are wholly Imperial, and those from
minor works and navigation wholly Provincial.
Under section 75 (4) of the Northern India Canals
and Drainage Act, rules regulating the charges made
under the Act require the previous sanction of the
Governor General in Council. This Act applies to
the United Provinces, the Punjab, and tne Central
Provinces. In the Central Provinces tfiere are at
present no irrigation canals. Various schemes are
under consideration, but the principles on which the
water rates will be levied have not yet been settled.
In the Punjab five-eighths of the direct receipts from
major irrigation works are Imperial, while the receipts
from minor works and navigation are wholly Imperial
except in the case of two systems. While this arrange-
ment continues, I think the Government of India
Mr. It. MI
Carlyle.
Apr.. 1908.