18110
PECORD OFFICE
Peference -
CO.882/12
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGELL PHOTOGRAPH—NOT TO
| PUBLIC, RECORD OFFICE. LONDON
82
impossible, but it took two months to decide this, and involved the Government Agent and Assistant Government Agent in considerable unnecessary correspondence.
3. To consider a reference to the Executive Committee under Rule 27 of the Rules for the Administration of the Public Service regarding an appointment to the vacant post of Ratemahatmaya, Demala Hat Pattu.
An unusually rapid appointment case. The recommendations of the Government Agent were bent to the Committee on 20th September. The final decision of the Committee was reached on 8th October. There was therefore only probably about three weeks longer involved in making this appointment than would have been involved under the old Constitution.
4. To consider two memoranda on the Reward and Bonus system forwarded by the Excise Commissioner.
Quite an important question. Raised on 30th July, decided on 1st October. Existing practice left undisturbed, therefore no report to the State Council.
5. To consider a report from the Inspector-General of Police giving the informa- tion asked for in paragraph 15 of the Minutes of the 5th Meeting of the Executive Committee held on 3rd August, 1931, with regard to the distribution of the present strength of constables and the system of attaching constables as personal orderlies.
This question also took two months to settle. Another " no action" decision which involved a great deal of labour in the Police Department, and should have been settled by oral discussion with the Inspector-General of Police on its first appearance.
6. To consider further the petition from the Muslims of Kurukkutala forwarded by the Honourable Mr. H. M. Macan Markar objecting to the use of the Sinhalee word
Marakkala in official notices, &c.
"
A small matter and a " no action
decision; but postponed from 17th September.
C
7. To consider the question of the introduction of a Tree Tax in Jaffna A very large and important question. Originally raised in February, 1931, left over by the Executive Council for decision by the State Council, and laid before the Committee at their first meeting. Much correspondence, but no decision yet reached nor likely to be, although, in view of the failure of the dry policy in the Northern Province and the great increase in illicit liquor traffic and consequently in crime, the question is one of urgency as well as of importance. A typical instance of a big question shelved owing to the time spent over lesser matters.
8. To consider letter from the Excise Commissioner recommending that the exemption of the village of Koddaimunai in the Batticaloa district from the provisions of Section 17 of the Excise Ordinance No. 8 of 1912 up to 30th September, 1931, be extended for a further period of one year from 1st October, 1931, on the ground that condition 1 of the Sweet Toddy Licence (Excise Notification No. 210 of 28th November, 1930) is causing much hardship to the class of people who had depended on the income derived from the sale of Sweet Toddy.
A case of advice to the Governor in the exercise of his statutory power. Dealt with promptly, and whole action probably took only about a week more than under the old constitution or under any non-committee system.
9. To consider letter from the Excise Commissioner forwarding a report from the Assistant Government Agent, Puttalem, with regard to the Arrack Rents, Puttalam District, 1931 to 1932.
Another prompt decision. Actually the decision could have been made by the Excise Commissioner, but in view of possible complaints, he thought it wiser to refer to the Committee.
10. To consider letter from the Excise Commissioner submitting a proposal of the Excise Advisory Committee for the Jaffna Revenue District to issue licences to sell foreign liquor in the Resthouses at Point Pedro, Chavakachcheri, and Elephant Pass on the grounds that with the reopening of arrack taverns the reason for cancelling the licences of the two former resthouses no longer holds good and that a licence at Elephant Pass would be a convenience to travellers and there is practically no local population which could be affected.
Also dealt with promptly.
83
11. To consider a letter from the Kandy Temperance League dated the 8th September and a telegram from Mr. G. E. de Silva, M.S.C., protesting against the extension of the closing hour of Katukele and Colombo Street arrack taverns by half
an hour.
No apparent reason why a letter of 8th September should not have been dealt with before, as the Government Agent's report was received by the Excise Commissioner on 18th September. It was finally decided on 24th November after much totally unneces- sary correspondence, to uphold the action taken. Two and a-half months' delay and great waste of time and paper.
12. To consider a petition from Mr. G. Jamis and others objecting to the appoint- ment of the present Police Vidane of Halkandawila, Kalutara District, on the ground, inter alia, that he is a member of a community different from that to which the larger number of the people of Halkandawila belong.
Postponed for next meeting, at which the Committee arrived at an illegal but probably sound decision.
13.
To consider what steps should be taken with regard to the illegal detention
of a prisoner in jail beyond his term.
Dealt with promptly and sensibly.
14263/33 [No. 9].
No. 38.
MEMORANDUM PREPARED FOR THE JOINT SELECT COMMITTEE ON INDIAN CONSTITUTIONAL REFORM.
THE CONSTITUTION OF CEYLON.
1. The present Constitution of Ceylon was brought into operation in July, 1931.
It followed upon an inquiry by a Special Commission presided over by Lord Donough- more, which visited the Island in 1927 and reported in 1928. The recommendations of this Commission were accepted in substance by His Majesty's Government and by the then existing Ceylon Legislative Council. Under the previous Constitution estab- lished in 1920 and amended in 1923, the Government had been of the pattern existing in most Colonies, i.e., a Governor, Executive Council and Legislative Council, with, however, an unofficial majority, and a large proportion of elected members in the Legislative Council.
2. The Constitution established on the recommendation of the Special Commission was enacted in the following instruments :-
Ceylon (State Council) Order in Council.
Ceylon (State Council Elections) Order in Council.
Letters Patent of 22nd April, 1931.
Royal Instructions of 22nd April, 1931.
These were published in Cmd. 3862, of which a copy is annexed. Under these instru- ments the Island is administered through the following organs :-
1. The Governor appointed by His Majesty;
430
2. The State Council, consisting of 50 elected members, 8 members nominated Ceylon (State by the Governor (subject to His Majesty's instructions), and the Officers of Council) Order State referred to below; the Council is divided into 7 Executive Committees, Article 7. whose functions are described later;
in Council.
3. The Board of Ministers, consisting of the 7 chairmen of the Executive Com-
mittees, each elected by his Committee, and the Officers of State;
Do.
Article 50.
Do.
4. The Officers of State, i.e., the Chief Secretary, Financial Secretary, and Legal
Secretary (Attorney-General) who are permanent officials appointed by the Article 6. Governor with the approval of the Secretary of State, and are ex officio members of the State Council and Board of Ministers with the right to speak but not to vote.
Council Eleo-
3. The elected members of the State Council arc clected on a very wide franchise, Ceylon (State including practically all permanent residents, male and female, over the age of 21. tions) Order in In the appointment of the nominated members it was the intention, and has been the Council, 1831. practice, to have regard to the desirability of securing representation of sections of the community which appear to be inadequately represented among the elected members.
Page 510Page 511
431
TUBLIC PECORD OFFICE
Reference
༄། ། ། ། །
C.O.882/12
PUBLIC RECORD OFFICE, LONDON.
ALLY WITHOUT PERMISSION OF THE BF REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NO] TO]
Ceylon (State
Council) Order
in Council.
Article 72,
at seg.
Do.
Article 22.
Do.
Article 32, at seq.
Do. Article 34,
at sog.
84
4. The ordinary power of legislation is vested in the State Council subject to the power of the Governor to refuse assent to any Bill or to reserve it for the signification of His Majesty's pleasure. Any Ordinance, after assent by the Governor, may be disallowed by His Majesty. The Governor has also power to give effect to any measure, notwithstanding the refusal of the State Council to pass it, on his declaring that it is a matter of paramount importance to the public interest or is essential to give effect to the provisions of the Ceylon (State Council) Order in Council. This power is given by Article 22 of the Order in Council, the provisions of which follow generally the similar provisions in the previous Orders in Council of 1920 and 1923.
5. The executive administration of the Island is, with certain exceptions, carried out under the control of the State Council, which has executive as well as legislative functions. Its executive powers are exercised mainly through its 7 Executive Committees for Home Affairs; Agriculture and Lands; Local Administration; Health; Labour, Industry and Commerce; Education; and Communications and Works. The various Government departments are divided into 10 groups; 3 of these are in the charge of the Officers of State, and the remaining 7 are under the control of the appro- priate Executive Committees. The Chairmen elected by the Executive Committees are Ministers for their respective subjects. The Ministers and Executive Committees are con- cerned with the control of policy and important details of administration in the depart- ments under them, subject to the overriding authority of the State Council as a whole and to the.consent of the Governor. The latter normally acts on the advice of the appropriate Minister or Executive Committee, but his powers of independent action Council) Order already mentioned extend to executive as well as legislative actions, and additional provision is made for his assuming control of the administration in the event of an emergency requiring such action.
1
Royal
Instructions.
Article L
Ceylon (Btate
in Council. Article 22.
Do. Article 49.
Ceylon (8tate Connoil) Order in Council. Article 50. et 207.
Do. Article 69.
Do.
Articles 86-87.
Do. Article 89.
Do. Article 88.
Do.
Article 87 (4).
6. The matters reserved to the executive control of the Officers of State include External Affairs, Defence, and the Public Services, under the Chief Secretary; the administration of justice and the legal departments, and elections to the State Council, under the Attorney-General; and the Treasury, Customs, Stores and other financial departments, together with establishments generally, under the Financial Secretary. All other matters, including internal police, fall under one or other of the Executive Com- mittees. The Chief Secretary has a right to attend the meetings of any Executive Committee; like the other Officers of State, he is a non-voting member of the Council and the Board of Ministers and he is chairman of the latter body. Generally he acts as a liaison officer on behalf of the Governor. The Financial Secretary is required to be consulted in the formulation of all financial proposals.
7. The Board of Ministers, while not possessing full co-ordinative authority in matters of policy falling within the sphere of the Executive Committees, is charged corporately with the important function of preparing and submitting to the State Council the Annual Estimates of Revenue and Expenditure and any Supplementary Estimates. Its Vice-Chairman, elected by the Ministers from among their own number, is the Leader of the State Council. In the event of the Budget being rejected by the Council or any vote of the Council being made which appears to the Governor to show that the Board no longer enjoys the confidence of the Council, the Governor is to dissolve the Council.
8. Special provision is made for the public service. All appointments, promo- tions, &c., are under the control of the Governor; and no measure affecting the salaries or conditions of service of officers may be introduced without his consent. No measure prejudicing an officer who was already in the service when the new Constitution came into force, or an officer appointed subsequently with the approval of the Secretary of State for the Colonies, may take effect without the approval of the Secretary of State. A Public Services Commission has been set up to advise on the administration of the public service. As a matter of practice a system of co-operative consultation with the various Executive Committees has been established to deal with individual appointments and promotions. In addition to the above provisions for the protection of serving officers, pensions previously granted are specially protected and provision is made for the voluntary retirement at any time; with special pensions, of officers appointed with the approval of the Secretary of State prior to July, 1928 (date of the publication of the Donoughmore Report). Action necessary to carry out any of the provisions for the protection of the public service may be taken by the Governor in the same way as in a matter of paramount importance" (see paragraph 4).
[
85
9. The first elections for the new State Council were held in June, 1931, and resulted in the election of 28 Low-country Sinhalese, 10 Kandyan Sinhalese, 3 Ceylon Tamils, 2 Indian Tamils, 2 Europeans, and 1 Muslim. Four elected seats, in Jaffna, were not filled owing to a boycott of the elections by the predominant community in that area, the Jaffna Tamils. The nominated seats were filled by the appointment of 4 Europeans, 1 Indian, 1 Muslim and 2 Burghers (i.e., descendants of the former Dutch settlers in Ceylon). The Executive Committees were duly constituted and the Ministers elected by them. Sir D. B. Jayatilaka, Minister for Home Affairs and one of the recognized political leaders of the Ceylonese, was elected Vice-Chairman of the Board of Ministers and Leader of the Council.
10. The new administration assumed control at a most difficult time, owing to the financial crisis which confronted Ceylon like most other countries in the summer of 1931; and its principal preoccupation has continued to be with the measures necessary to secure and maintain a balanced budget, including extensive retrenchment, the imposition of a levy on salaries and the introduction of Income Tax and other additional taxation. In view of these facts and the short period (less than two years) since the new régime was started, it is not thought possible to attempt any considered estimate of the success or failure of the new Constitution. The Constitution has been operated without any breakdown occurring; differences have arisen between the Governor and the Ministers, further explained below, but they have not been on a scale to render impossible further co-operation in the ordinary administration.
C6
11 As stated, differences have arisen between the Governor and Ministers supported by the State Council. Out of 37 Bills passed since the inauguration of the State Council, none was vetoed by the Governor but one was Majesty's assent was refused. This was a Debtors' Relief Bill, which passed the Council reserved" and His by only one vote. The Governor has found it necessary to use his reserve powers
56
on 6 occasions, all except one being matters of comparatively minor financial importance but raising important issues in connexion with the protection of the privileges of public servants. These occasions were :-
16th March, 1932. Salary Levy Ordinance.
16th March, 1932. Income Tax Amendment Ordinance.
16th-17th March, 1932. Leave passages and holiday warrants of public servants
(Supplementary Vote).
28th March, 1933. Leave passages and holiday warrants of public servants
(Budget provision).
28th March, 1933. Salary of the Government Assessor.
29th March, 1933. Salary of the Works Manager, Government Printing Press.
It is obviously of the first importance that the provisions of the Order in Council
as to the protection of public servants should be carried out. Beyond that, it is perhaps too early to say more than that the method of selection of Ministers, as explained above, is open to obvious objections, and that the constant refusal of the full Council (not foreseen by the Donoughmore Commission) to accept without prolonged discussion the recommendations of the several Executive Committees has led to serious delay and inconvenience in administration.
(2) Proposed Amendment of the New Constitution.
14264/33 [No. 1].
SIR,
No. 39.
MR. D. B. JAYATILAKA (VICE-CHAIRMAN, BOARD OF MINISTERS)
to
SIR GRAEME THOMSON (GOVERNOR OF CEYLON). (Copy received in Colonial Office, 23rd June, 1933.)
The Council Chamber, Colombo, 21st April, 1933.
I HAVE the honour to acknowledge receipt of Your Excellency's Confidential letter of 17th February, 1933, on the subject of the amendment of the present Con- stitution and to inform you that the contents of the letter were duly communicated to the Board of Ministers.