DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.68026#0164
158
MINUTES OF EVIDENCE:
Sir Herbert
Risley.
7 Apr., 1908,
accredited agent, though in no way as the
plenipotentiary, of the Government of India ;
and Local Governments should be asked to
instruct their officials to accord him all facili-
ties. The more touring that is done the
better. The knowledge thus acquired adds
greatly to the usefulness of the advisory
officer, and it is very desirable that he should
establish friendly personal relations with
provincial officers.
45395". Has the creation of the appointment of the
Director of Criminal Intelligence with the Govern-
ment of India centralized control over the provincial
police ? How far does this officer act as an Imperial
Inspector-General of Police for India ?—I do not
think it can be said that the creation of the anpoint-
ment of Director of Criminal Intelligence with the
Government of India has centralized control over the
provincial police, nor would any such centralization
be possible under the law now in force. The main
functions of that officer are to collect and communi-
cate information relating to special forms of crime
extending over several provinces, such as coining,
note-forgery, illicit traffic in arms, poisoning on rail-
ways, and the movements of criminal tribes. This is
indicated by his designation, Director of Criminal
Intelligence in contradistinction to the work of
Criminal Investigation carried on by the corresponding
provincial departments. It is unusual for him to
undertake investigations, and be has only done so in
special cases at the instance, or with the approval, of
Local Governments who have supplied him with the
requisite staff. The Director of Criminal Intelligence
has also assisted the Government of India with his
advice in dealing with the many questions of police
reorganization arising out of the report of the Police
Commission. It was intended that he should do this
when the appointment was created and the proposal
was approved by the Secretary of State. Sir Harold
Stuart, the first Director of Criminal Intelligence, had
been Secretary to the Commission ; he had visited all
provinces with them, and had taken part in their
consultations with the Local Governments and their
officers ; and he was exceptionally well qualified not
merely to give technical advice, based on his know-
ledge of police administration, but also to explain to
the Government of India the requirements of the
various provinces and the point of view of the Local
Governments themselves. It was not contemplated
at any time that he should act as an Imperial Inspec-
tor-General of Police ; nor could he do so without
special legislative authority.
45396*. To what extent could the necessity of
reference to the Government of India in regard to the
appointment of Financial Commissioner and other
high officials be dispensed with ? Are not other Local
Governments subject to restrictions in this respect
which do not apply in Madras and Bombay ?—My
proposals under this head are contained in entries
Nos. 46-53, 55 and 57-59 of the f statement filed.
45397*. Apart from financial restrictions, is the
sanction of the Government of India necessary to the
transference of any area from district to district
within the same province ?—In Upper Burma, any
transfer of areas from district to district, for adminis-
trative, including revenue, purposes, requires the pre-
vious sanction of the Governor- General in Council
under section 5 (a) of the Burma Laws Act, 1898
(XIII of 1898). The sanction of the Governor
General in Council to similar transfers in Lower-
Burma is not required by law ; but it has been the
practice for such sanction to be applied for. In
Madras, Bombay. Bengal, the United Provinces, the
Punjab and the Central Provinces, the Local Govern-
ment has statutory power to alter the limits of
districts.
45398*. Is the system of administration through a
Board of Revenue or Financial Commissioner prefer-
able to the agency of territorial Commissioners or
otherwise ? Is it necessary, to have both methods in
one province?—My experience is confined to Bengal
■where both methods are in force. In a province of
that size, where there are six or seven Commissioners
and the revenue work is heavy and intricate, the Secre-
tariat would be overwhelmed with detail if the Board
of Revenue were abolished. The same would happen
t Vide Appendix X.
to the Board if the Commissioners were abolished,
while the administration generally would suffer by
being deprived of a wholesome form of local guidance
and control.
45399*. Would it be desirable to enlarge the powers
of territorial Commissioners somewhat on the lines of
those exercised by the Commissioner in Sind ?—I am
decidedly in favour of enlarging the powers of Com-
missioners, but it is not clear to me that the powers
exercised by the Commissioner in Sind can properly
be regarded as a model. The position occupied by
that official is peculiar ; it has been determined by
local, historical, and, to some extent, personal causes ;
and it seems to me not improbable that, with more
direct railway communication between Karachi and
Bombay, the independence of the Commissioner in
Sind will come to be reduced. In any case, I doubt
whether public opinion in Bengal would acquiesce in
so large a devolution of powers from the Local Govern-
ment to Divisional Commissioners as is carried out in
Sind.
45400*. Are sufficient powers given to Collectors
and Sub-Divisional Officers ?—I understand that I am
only asked for a general reply, and am not expected
to enumerate the actual powers to be delegated to
Collectors and Sub-Divisional Officers respectively.
It would be impossible to do that with any approach
to finality at the present stage of the discussion. But,
in my opinion, the principle to be borne in mind should
be that in the interests of efficiency and with the
object of saving correspondence, training officers in
their work, and developing a sense of responsibility, as
large a devolution as possible should be made both to-
Collectors and Sub-Divisional Officers. If the scheme
for separating judicial and executive functions which
is now under consideration proves a success when-
tried experimentally, and is extended to the whole or
the greater part of the advanced provinces of Bengal
and 'Eastern Bengal and Assam, it will be necessary to
remodel the present sub-divisional system and to
create executive sub-districts considerably more ex-
tensive than the existing sub-divisions. The officers
in charge of these sub-districts ought, in my opinion,
to be vested with substantially larger powers than the
present Sub-Divisional Officers possess. As they will
have no criminal cases to try they can only be given a
full day’s work by increasing their powers.
45401*. Is the district administration of Bengal
and Eastern Bengal too much centralized at the dis-
trict and sub-divisional headquarters, and would it
be desirable to create smaller administrative circles
within the sub-division?—1 do not understand what
this question refers to. It will be seen from my pre-
ceding reply that I think the tendency in future will-
be to increase, rather than to diminish, the size of
executive sub-divisions. In the case of judicial sub-
divisions, on the other hand, the tendency will
probably be in the opposite direction. As litigation
increases there will be a constant demand for more
courts. Fresh judicial sub-divisions will be created
and the size of the existing sub-divisions reduced, so
as to give all parts of a district a criminal court within
a convenient distance.
45402*. Are there any considerations in respect of
the powers of Collectors and Sub-Divisional Officers
which specially refer to Burma ?—I am not in a
position to give a useful answer.
45403*. Are you in favour of the creation of (a)
Advisory, (l>) Administrative, Councils to assist
Divisional or District Officers ? Assuming that such
Councils are desirable in the districts, would it be
possible to utilize the existing District Boards or to
develop them to meet the need ?—I think there s
much to be said in favour of creating Advisory
Councils to assist Divisional Commissioners. Such
Councils would be the natural complement of the
Provincial Advisory Councils which it is proposed to
constitute ; they would give the leading men of a
division an interest in public affairs and some insight
into the practical difficulties of administration ; they
would render the extension of the Commissioner’s
powers more acceptable to the public ; and they would
furnish that officer with a body of reliable and respon-
sible advisers whose opinion would carry considerable
weight if they were carefully selected, in my opinion,
the divisional Advisory Councils should consist of not
more than six or seven non-officials recommended by
the Commissioner and appointed by the Local
MINUTES OF EVIDENCE:
Sir Herbert
Risley.
7 Apr., 1908,
accredited agent, though in no way as the
plenipotentiary, of the Government of India ;
and Local Governments should be asked to
instruct their officials to accord him all facili-
ties. The more touring that is done the
better. The knowledge thus acquired adds
greatly to the usefulness of the advisory
officer, and it is very desirable that he should
establish friendly personal relations with
provincial officers.
45395". Has the creation of the appointment of the
Director of Criminal Intelligence with the Govern-
ment of India centralized control over the provincial
police ? How far does this officer act as an Imperial
Inspector-General of Police for India ?—I do not
think it can be said that the creation of the anpoint-
ment of Director of Criminal Intelligence with the
Government of India has centralized control over the
provincial police, nor would any such centralization
be possible under the law now in force. The main
functions of that officer are to collect and communi-
cate information relating to special forms of crime
extending over several provinces, such as coining,
note-forgery, illicit traffic in arms, poisoning on rail-
ways, and the movements of criminal tribes. This is
indicated by his designation, Director of Criminal
Intelligence in contradistinction to the work of
Criminal Investigation carried on by the corresponding
provincial departments. It is unusual for him to
undertake investigations, and be has only done so in
special cases at the instance, or with the approval, of
Local Governments who have supplied him with the
requisite staff. The Director of Criminal Intelligence
has also assisted the Government of India with his
advice in dealing with the many questions of police
reorganization arising out of the report of the Police
Commission. It was intended that he should do this
when the appointment was created and the proposal
was approved by the Secretary of State. Sir Harold
Stuart, the first Director of Criminal Intelligence, had
been Secretary to the Commission ; he had visited all
provinces with them, and had taken part in their
consultations with the Local Governments and their
officers ; and he was exceptionally well qualified not
merely to give technical advice, based on his know-
ledge of police administration, but also to explain to
the Government of India the requirements of the
various provinces and the point of view of the Local
Governments themselves. It was not contemplated
at any time that he should act as an Imperial Inspec-
tor-General of Police ; nor could he do so without
special legislative authority.
45396*. To what extent could the necessity of
reference to the Government of India in regard to the
appointment of Financial Commissioner and other
high officials be dispensed with ? Are not other Local
Governments subject to restrictions in this respect
which do not apply in Madras and Bombay ?—My
proposals under this head are contained in entries
Nos. 46-53, 55 and 57-59 of the f statement filed.
45397*. Apart from financial restrictions, is the
sanction of the Government of India necessary to the
transference of any area from district to district
within the same province ?—In Upper Burma, any
transfer of areas from district to district, for adminis-
trative, including revenue, purposes, requires the pre-
vious sanction of the Governor- General in Council
under section 5 (a) of the Burma Laws Act, 1898
(XIII of 1898). The sanction of the Governor
General in Council to similar transfers in Lower-
Burma is not required by law ; but it has been the
practice for such sanction to be applied for. In
Madras, Bombay. Bengal, the United Provinces, the
Punjab and the Central Provinces, the Local Govern-
ment has statutory power to alter the limits of
districts.
45398*. Is the system of administration through a
Board of Revenue or Financial Commissioner prefer-
able to the agency of territorial Commissioners or
otherwise ? Is it necessary, to have both methods in
one province?—My experience is confined to Bengal
■where both methods are in force. In a province of
that size, where there are six or seven Commissioners
and the revenue work is heavy and intricate, the Secre-
tariat would be overwhelmed with detail if the Board
of Revenue were abolished. The same would happen
t Vide Appendix X.
to the Board if the Commissioners were abolished,
while the administration generally would suffer by
being deprived of a wholesome form of local guidance
and control.
45399*. Would it be desirable to enlarge the powers
of territorial Commissioners somewhat on the lines of
those exercised by the Commissioner in Sind ?—I am
decidedly in favour of enlarging the powers of Com-
missioners, but it is not clear to me that the powers
exercised by the Commissioner in Sind can properly
be regarded as a model. The position occupied by
that official is peculiar ; it has been determined by
local, historical, and, to some extent, personal causes ;
and it seems to me not improbable that, with more
direct railway communication between Karachi and
Bombay, the independence of the Commissioner in
Sind will come to be reduced. In any case, I doubt
whether public opinion in Bengal would acquiesce in
so large a devolution of powers from the Local Govern-
ment to Divisional Commissioners as is carried out in
Sind.
45400*. Are sufficient powers given to Collectors
and Sub-Divisional Officers ?—I understand that I am
only asked for a general reply, and am not expected
to enumerate the actual powers to be delegated to
Collectors and Sub-Divisional Officers respectively.
It would be impossible to do that with any approach
to finality at the present stage of the discussion. But,
in my opinion, the principle to be borne in mind should
be that in the interests of efficiency and with the
object of saving correspondence, training officers in
their work, and developing a sense of responsibility, as
large a devolution as possible should be made both to-
Collectors and Sub-Divisional Officers. If the scheme
for separating judicial and executive functions which
is now under consideration proves a success when-
tried experimentally, and is extended to the whole or
the greater part of the advanced provinces of Bengal
and 'Eastern Bengal and Assam, it will be necessary to
remodel the present sub-divisional system and to
create executive sub-districts considerably more ex-
tensive than the existing sub-divisions. The officers
in charge of these sub-districts ought, in my opinion,
to be vested with substantially larger powers than the
present Sub-Divisional Officers possess. As they will
have no criminal cases to try they can only be given a
full day’s work by increasing their powers.
45401*. Is the district administration of Bengal
and Eastern Bengal too much centralized at the dis-
trict and sub-divisional headquarters, and would it
be desirable to create smaller administrative circles
within the sub-division?—1 do not understand what
this question refers to. It will be seen from my pre-
ceding reply that I think the tendency in future will-
be to increase, rather than to diminish, the size of
executive sub-divisions. In the case of judicial sub-
divisions, on the other hand, the tendency will
probably be in the opposite direction. As litigation
increases there will be a constant demand for more
courts. Fresh judicial sub-divisions will be created
and the size of the existing sub-divisions reduced, so
as to give all parts of a district a criminal court within
a convenient distance.
45402*. Are there any considerations in respect of
the powers of Collectors and Sub-Divisional Officers
which specially refer to Burma ?—I am not in a
position to give a useful answer.
45403*. Are you in favour of the creation of (a)
Advisory, (l>) Administrative, Councils to assist
Divisional or District Officers ? Assuming that such
Councils are desirable in the districts, would it be
possible to utilize the existing District Boards or to
develop them to meet the need ?—I think there s
much to be said in favour of creating Advisory
Councils to assist Divisional Commissioners. Such
Councils would be the natural complement of the
Provincial Advisory Councils which it is proposed to
constitute ; they would give the leading men of a
division an interest in public affairs and some insight
into the practical difficulties of administration ; they
would render the extension of the Commissioner’s
powers more acceptable to the public ; and they would
furnish that officer with a body of reliable and respon-
sible advisers whose opinion would carry considerable
weight if they were carefully selected, in my opinion,
the divisional Advisory Councils should consist of not
more than six or seven non-officials recommended by
the Commissioner and appointed by the Local