DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.68026#0189
ROYAL COMMISSION UPON DECENTRALIZATION.
India sufficiently to do that?—I certainly have
found that these Advisory Officers do give one a
good deal of local colour.
45849. Is not the real orthodox machinery for
that purpose your annual reports, your proceedings,
your applications for sanction, and so forth?—I
am not at all sure that the knowledge which one
picks up on tour oneself is not worth all that
put together. I should like to back that up by
saying that I think an enormous advantage is to
be derived by Members of Council and Secretaries
to the Government of India going on tour and
meeting provincial officers. I have certainly had
that experience myself.
45850. You say an Advisory Officer inay “ ask
officially for any information which may be neces-
sary to enable him to keep the Government of
India informed on matters of general importance
relating to the branch of the administration with
which he is associated.” Are you not practically
duplicating the channel of administration? Any
requirement of that sort ought to go to the Local
Government, surely not to the Inspector-General?
-—But what I contemplate here is the Advisory
Officer, the Sanitary Commissioner, say, asking the
provincial Sanitary Commissioner.
45851. And leaving the Local Government en-
tirely on one side T—Leaving the Local Government
out as a mere channel of correspondence. They
can easily instruct their man to send them copies
of letters, as, I think, is done in Madras.
45852. The duties of the Director-General of
Criminal Intelligence as regards advice on police
re-organisation, I understand, are temporary;
they will cease when the re-organisation scheme
is completed?—I should think so ; yes. Of course
it is not in the nature of things, if you have a man
here who happens to have been an Inspector-
General of Police, and you are in difficulties about
something, not to apply to him. He is bound to
be asked to advise.
45853. As regards his own particular duties as
maintaining a Bureau, a co-ordinator of criminal
investigation and so on, in which, of course, he
has a splendid field, would that not be much better
done from either Agra or Delhi, or from some more
central station than Simla ?—I do not think so. I
suppose you are referring particularly to the finger-
print business. I do not think it matters where
you put the finger-print business. It must be
central.
45854. If anyone has to write to him, for the
purpose of replying, is he not fully 24 hours nearer
at Agra than at Simla to any correspondent in
India?—He ought to be in a position to be person-
ally consulted by the Government of India, that
is quite essential ; there are branches of his work
which render that absolutely indispensable.
45855. It has been suggested that it is very in-
convenient that the old charters of the different
■High Courts should prevent the provincial Legis-
latures from passing any Act which affects the
jurisdiction of the Courts and that it leads to
extensive litigation and to validating legislation.
Do you think it would be feasible slightly to amend
the charter so that the local legislature could pass
an Act even though it might incidentally affect
the jurisdiction of the High Court?—That would
be extremely desirable. As it is, the High Courts
claim the right under’ their charter to intervene
in all sorts of things.
45856. Does it not lead to subsequent legislation
by the Government of India at present?—-I think
even legislation by the Government of India cannot
affect the jurisdiction of the High Court under
their charter. It would take legislation in Par-
liament I imagine.
45857**. (Chairman.) Do provincial Governments
have to write a separate annual report on each sub-
ject? Could there be one General Administration
Report?—Separate reports on each subject are
written by the various departmental authorities and
not by the provincial Governments. Each of these
reports is based upon a number of reports by
various grades ’ of subordinate officials—Sub-
Divisional Officers, Superintendents of Police, Dis-
trict Officers, Commissioners, &c. The only
report written by the Local Government is the
General Administration Report, in which it
describes its administrative acts in its various de-
partments, and records the character and the
chief events of the year. The matter of this report
is necessarily drawn from the departmental
reports of which it forms a highly condensed
summary. The latter reports could not be dis-
pensed with, nor would it be possible for the
Local Government to write a general administra-
tion report containing the information now given
in the departmental reports. That can only be
done by the officers in actual administrative
charge of the .departments. It may be added that
the departmental reports are required by the
Secretary of State for the preparation of the
Moral and Material Progress Statement.
45858**. Is it the practice for the Government
of India often to require immediate telegraphic
information or reports on individual occurrences ?
Could these demands be further limited or cur-
tailed?—The matters upon which immediate
reports are required are those relating to riots
which involve a serious breach of the public
peace, collisions, other than of an insignificant
character, between Europeans of all classes and
natives, outrages which have a political aspect,
calamities such as floods or earthquakes which
cause serious damage to life or property, and all
other events which have a political or adminis-
trative importance. In the first reports all that
is required is a mere statement of facts. These
reports are required not only for the purposes
of the Government of India, but, ait the special
request of the Home Government, are also trans-
mitted to the Secretary of State. I do not con-
sider’ it advisable further to limit or curtail them.
45859**. Is any principle laid down governing
the delegation of powers as between a Lieutenant-
Governor and a Chief Commissioner?-—I do not
think it can foe said that any such principle has
been laid down. Under the Indian General
Clauses Act (X. of 1897, Section 3 (29)) “ Local
Government” is defined as including a Chief Com-
missioner.
45860**. What is the reason of permitting in
some cases the provincial Government to con-
stitute or disestablish municipalities, and in other
cases requiring the sanction of the Government
of India?—All Local Governments are empowered
to constitute municipalities without reference to
the Government of India. All of them also have
the power of superseding a municipality for a
specified period, + but in the case of the United
Provinces, the Punjab, Burma and the Central
Provinces this power can only be exercised with
the previous sanction of the Government of India,
while in Madras, Bombay and Bengal, the Local
Government can take action on its own initiative.
In May, 1882, the Government of India
issued a Resolution on the subject of local
self-government, in which the principle was
laid down that the temporary supersession of
a municipality would require in every case the
consent of the Supreme Government. There is
nothing to show why this restriction does not find
a place in the Madras, Bombay and Bengal Acts.
45861**. Do you approve of the principle of the
confinement of employment of natives of India
to the provinces of which they are natives ?—
The Public Service Commission considered it in-
expedient to lay down a rule restricting the re-
cruitment for the Provincial Service to residents
of the province concerned. They proposed that,
as a general rule, recent residence of at least
three years in the province should be an essential
condition of admission to the Provincial Service.
This recommendation was accepted by the Govern-
ment of India and the Secretary of State, and has
been embodied in the rides for admission to the
Provincial Civil Services. The principle is applic-
able to other Services also.
t Under the Punjab Act no period need be specified.
Sir Herbert
Risley.
7 Apr., 1908.
India sufficiently to do that?—I certainly have
found that these Advisory Officers do give one a
good deal of local colour.
45849. Is not the real orthodox machinery for
that purpose your annual reports, your proceedings,
your applications for sanction, and so forth?—I
am not at all sure that the knowledge which one
picks up on tour oneself is not worth all that
put together. I should like to back that up by
saying that I think an enormous advantage is to
be derived by Members of Council and Secretaries
to the Government of India going on tour and
meeting provincial officers. I have certainly had
that experience myself.
45850. You say an Advisory Officer inay “ ask
officially for any information which may be neces-
sary to enable him to keep the Government of
India informed on matters of general importance
relating to the branch of the administration with
which he is associated.” Are you not practically
duplicating the channel of administration? Any
requirement of that sort ought to go to the Local
Government, surely not to the Inspector-General?
-—But what I contemplate here is the Advisory
Officer, the Sanitary Commissioner, say, asking the
provincial Sanitary Commissioner.
45851. And leaving the Local Government en-
tirely on one side T—Leaving the Local Government
out as a mere channel of correspondence. They
can easily instruct their man to send them copies
of letters, as, I think, is done in Madras.
45852. The duties of the Director-General of
Criminal Intelligence as regards advice on police
re-organisation, I understand, are temporary;
they will cease when the re-organisation scheme
is completed?—I should think so ; yes. Of course
it is not in the nature of things, if you have a man
here who happens to have been an Inspector-
General of Police, and you are in difficulties about
something, not to apply to him. He is bound to
be asked to advise.
45853. As regards his own particular duties as
maintaining a Bureau, a co-ordinator of criminal
investigation and so on, in which, of course, he
has a splendid field, would that not be much better
done from either Agra or Delhi, or from some more
central station than Simla ?—I do not think so. I
suppose you are referring particularly to the finger-
print business. I do not think it matters where
you put the finger-print business. It must be
central.
45854. If anyone has to write to him, for the
purpose of replying, is he not fully 24 hours nearer
at Agra than at Simla to any correspondent in
India?—He ought to be in a position to be person-
ally consulted by the Government of India, that
is quite essential ; there are branches of his work
which render that absolutely indispensable.
45855. It has been suggested that it is very in-
convenient that the old charters of the different
■High Courts should prevent the provincial Legis-
latures from passing any Act which affects the
jurisdiction of the Courts and that it leads to
extensive litigation and to validating legislation.
Do you think it would be feasible slightly to amend
the charter so that the local legislature could pass
an Act even though it might incidentally affect
the jurisdiction of the High Court?—That would
be extremely desirable. As it is, the High Courts
claim the right under’ their charter to intervene
in all sorts of things.
45856. Does it not lead to subsequent legislation
by the Government of India at present?—-I think
even legislation by the Government of India cannot
affect the jurisdiction of the High Court under
their charter. It would take legislation in Par-
liament I imagine.
45857**. (Chairman.) Do provincial Governments
have to write a separate annual report on each sub-
ject? Could there be one General Administration
Report?—Separate reports on each subject are
written by the various departmental authorities and
not by the provincial Governments. Each of these
reports is based upon a number of reports by
various grades ’ of subordinate officials—Sub-
Divisional Officers, Superintendents of Police, Dis-
trict Officers, Commissioners, &c. The only
report written by the Local Government is the
General Administration Report, in which it
describes its administrative acts in its various de-
partments, and records the character and the
chief events of the year. The matter of this report
is necessarily drawn from the departmental
reports of which it forms a highly condensed
summary. The latter reports could not be dis-
pensed with, nor would it be possible for the
Local Government to write a general administra-
tion report containing the information now given
in the departmental reports. That can only be
done by the officers in actual administrative
charge of the .departments. It may be added that
the departmental reports are required by the
Secretary of State for the preparation of the
Moral and Material Progress Statement.
45858**. Is it the practice for the Government
of India often to require immediate telegraphic
information or reports on individual occurrences ?
Could these demands be further limited or cur-
tailed?—The matters upon which immediate
reports are required are those relating to riots
which involve a serious breach of the public
peace, collisions, other than of an insignificant
character, between Europeans of all classes and
natives, outrages which have a political aspect,
calamities such as floods or earthquakes which
cause serious damage to life or property, and all
other events which have a political or adminis-
trative importance. In the first reports all that
is required is a mere statement of facts. These
reports are required not only for the purposes
of the Government of India, but, ait the special
request of the Home Government, are also trans-
mitted to the Secretary of State. I do not con-
sider’ it advisable further to limit or curtail them.
45859**. Is any principle laid down governing
the delegation of powers as between a Lieutenant-
Governor and a Chief Commissioner?-—I do not
think it can foe said that any such principle has
been laid down. Under the Indian General
Clauses Act (X. of 1897, Section 3 (29)) “ Local
Government” is defined as including a Chief Com-
missioner.
45860**. What is the reason of permitting in
some cases the provincial Government to con-
stitute or disestablish municipalities, and in other
cases requiring the sanction of the Government
of India?—All Local Governments are empowered
to constitute municipalities without reference to
the Government of India. All of them also have
the power of superseding a municipality for a
specified period, + but in the case of the United
Provinces, the Punjab, Burma and the Central
Provinces this power can only be exercised with
the previous sanction of the Government of India,
while in Madras, Bombay and Bengal, the Local
Government can take action on its own initiative.
In May, 1882, the Government of India
issued a Resolution on the subject of local
self-government, in which the principle was
laid down that the temporary supersession of
a municipality would require in every case the
consent of the Supreme Government. There is
nothing to show why this restriction does not find
a place in the Madras, Bombay and Bengal Acts.
45861**. Do you approve of the principle of the
confinement of employment of natives of India
to the provinces of which they are natives ?—
The Public Service Commission considered it in-
expedient to lay down a rule restricting the re-
cruitment for the Provincial Service to residents
of the province concerned. They proposed that,
as a general rule, recent residence of at least
three years in the province should be an essential
condition of admission to the Provincial Service.
This recommendation was accepted by the Govern-
ment of India and the Secretary of State, and has
been embodied in the rides for admission to the
Provincial Civil Services. The principle is applic-
able to other Services also.
t Under the Punjab Act no period need be specified.
Sir Herbert
Risley.
7 Apr., 1908.