72
4. The provisions of paragraph 2 and the first part of paragraph 4 of Article XIV are applicable also in the case of the provisional appointments of Nominated Members made under Article XIII and they have, therefore, been inserted in that Article.
5. Difficulties have arisen in other Colonies in regard to the interpretation of the provision similar to that in Article XV (1) of the Ceylon (Legislative Council) Order in Council, 1920, whereby an Elected Member, who remained a party to a contract with the Government of the Island for the period of one month, vacated his seat in the Council, and it has been considered advisable in the case of constitutional instruments prepared recently to adopt a different form of wording. The wording adopted in those cases has accordingly been inserted in Article XVII (1) of the enclosed Order in place of the old provision.
6. Slight alterations have also been made in the wording of Articles II XLII (4) and LII (1).
7. You will observe that, in accordance with Article I, this Order is to come into operation on the date of publication in the Government Gazette. I shall be glad if you will inform me in due course of this date and also of the date fixed under Article IV of the Order.
:
78
441
6. It will also be necessary to lay it down that should a nominated member of Legislative Council cease to be a member of Executive Council, by reason of his resignation or for any other reason, he must likewise cease to be a nominated member of Legislative Council, and such a condition would have to be clearly enunciated in the terms of appointment for a nominated member of Executive Council, and accepted by the nominee.
I have, &c..
7870
No. 56.
W. H. MANNING,
Governor.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 3.44 p.m., 18th February, 1924.)
TELEGRAM.
18TH FEBRUARY. Order in Council* published in Gazette 16th February.
MANNING.
I have, &c.,
DEVONSHIRE.
9018
6585
No. 55.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 11th February, 1924.)
(Confidential.)
MY LORD DUKE,
[Answered by No. 69.]
The Queen's House, Colombo, 21st January, 1924.
I HAVE the honour to acknowledge Your Grace's Confidential despatch of 31st October* with reference to the scheme for the establishment of an Executive Committee in Ceylon.
2. With reference to paragraph 5 of that despatch, after mature consideration, I am still of opinion that the proposals referred to would be rejected by the majority of the unofficial members of the Legislative Council, and I am consequently unable to give Your Grace the assurance asked for in paragraph 6 of your despatch, since in face of the opposition certain to be expressed in Legislative Council by the extremists I feel convinced that those who might possess moderate views would not have the courage to express them in public. It would therefore seem that the proposal to establish an Executive Committee must fall to the ground.
3. This being so, I have no choice at present but to consider the alternative scheme referred to in Your Grace's despatch under reply, namely, that one or two elected members of Legislative Council should be appointed members of Executive Council during the Governor's pleasure, the functions of Executive Council remain- ing unaltered; and that such member or members should cease to be regarded as alected members of Legislative Council, and should be appointed, nominated unofficial members of that Council.
it
4. I have discussed this proposal with my advisers, and I am of opinion that may be given a trial. I would, however, only appoint in the first instance one auch elected member to Executive Council, and my reasons for this are that it is more than likely in the case of the Kandyans that it will be necessary to reserve one of the three nominated unofficial seats in Legislative Council for a Kandyan, and it is further very desirable that at any rate one of the three nominated unofficial members of Legislative Council should also sit in Executive Council.
5. Such a scheme would not require any modification of the existing constitu- tion of Executive Council, and it would also obviate the appointment, as such, of an elected member to Executive Council. But it is necessary to observe that, upon being made a nominated unofficial member of Legislative Council, an elected member must vacate his elected seat, and this seat would have to be filled in due course by a fresh election.
* No. 49.
No. 57.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 6.15 p.m., 23rd February, 1924.) TELEGRAM.
[Answered by No. 58.]
My
23RD FEBRUARY. Amendment of the Legislative Order in Council. attention has been drawn to a further omission in it arising out of the exceptional position of the town of Nuwara Eliya. It was originally intended that this town' should become an Urban District Council and it would then have been impliedly included in paragraph No. 2 of the definition of persons holding public office under the Crown in Article No. III, Sub-section 1 9C1 of Article XV, in Sub-section 1 (▲) 3 A of Article XXVI, and in Article XXVII, but owing to strong representations by the inhabitants its exceptional position has been maintained by an Ordinance recently passed. I should be glad if Order in Council were amended to include mention of Board of Improvement of Nuwara Eliya in the places above referred to and if permission were given to me to publish locally that such amendment was in contemplation.—MANNING.
9018
No. 58.
THE SECRETARY OF STATE to THE GOVERNOR. (Sent 4.40 p.m., 26th February, 1924.) TELEGRAM.
You may announce
YOUR telegram of 23rd February,† Legislative Council. that proposed amendments will be made in Order in Council.—AMERY.
11790
No. 59.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 2.25 p.m., 11th March, 1924.)
11TH MARCH. concerned :
TELEGRAM.
[Answered by No. 70.]
Following telegram is sent at the request of Party
Begins: Executive Committee, Ceylon National Congress, respectfully urges publication of proposal regarding reform of the Executive Council prior to election of the new Legislative Council. Ends.
But I cannot recommend that their request should be granted.—MANNING.
* Appendix 2. f No. 57.
I
וּ וּן
PUBLIC RECORD OFFICE
Reference :-
CO. 882/10
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO