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POPLIC RECORD OFFICE

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Reference -

C.O.882/12

PUBLIC REGORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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of the Minutes of the State Council dated 28th March, 1933,* and corre- spondence ending with your Confidential despatch of 16th January, 1933.† (b) Declaration in the State Council by the Acting Financial Secretary, acting on my instructions, that a motion to proyide Rs. 250,000 for passages for officers, their wives, and families was essential to give effect to the provisions of the Order in Council-see Item 8 of the above-mentioned Minutes of the State Council and correspondence ending with your tele- gram No. 246 of the 6th December, 1932.‡

(c) Declaration in the State Council by the Acting Financial Secretary, acting on my instructions, that a motion to provide Rs. 470,000 for holiday warrants for Public Officers was essential to give effect to the provision to the Order in Council-see Item 9 of the above-mentioned Minutes

of and correspondence ending with your telegram No. 246 6th December, 1932.

the

(d) Declaration in the State Council by the Acting Financial Secretary, acting on my instructions, that a motion to provide Rs. 3,977/25 to meet the excess on the restored provision for holiday warrants for Public Officers, 1931-32, was essential to give effect to the provisions of the Order in Council-see Item 10 of the above-mentioned Minutes and telegraphic correspondence ending with your Confidential telegram No. 50 of 20th March, 1933.§

(e) Declaration by Message (copy annexed) that the provision of Rs. 7,582 for the payment of salary to the Works Manager. Government Press, on agreement (Mr. Horne) was a matter of paramount importance-see Item 2 of the Minutes of the State Council dated 29th March, 1933, and correspondence ending with your Confidential telegram No. 8 9th January, 1933.|Į

of

2. Each of the above declarations was made with your prior approval and as the reasons necessitating such action have been fully set out in the correspondence to which reference has been made in the preceding paragraph it is unnecessary for me to repeat those reasons in this despatch. No statements under Article 23 (2) of the Ceylon (State Council) Order in Council, 1931, have been received from members of the State Council objecting to these declarations.

I have, &c..

Enclosure 2 in No. 50.

MESSAGE FROM THE GOVERNOR.

GRAEME THOMSON:

Colombo, 25th March, 1933.

I HAVE the honour to inform you that it has been reported to me that the State Council rejected the Supplementary Estimate for Rs. 7,582 under Head 22, Government Press, Sub-head 1, Personal Emoluments, making provision for the payment of salary to the Works Manager, Government Press, on agreement, which the Acting Financial Secretary with the concurrence of the Board of Ministers presented for approval on the 14th March, 1933.

2. I had hoped that the proposal to which the Supplementary Estimate was intended to give effect, viz., that Mr. Horne should be appointed as Works Manager on an agreement expiring in September, 1935, would commend itself t the State Council as meeting the desire of many members that the post should not be filled by the permanent appointment of a non-Ceylonese officer, and as providing at the same time that the Government Printer shall not be without the assistance of a thoroughly experienced and practical printer in the post of Works Manager during the time which must necessarily be allowed to the newly appointed Assistant Works Manager to familiarize himself with the practical side of his duties.

* Not reprinted. † P.F. 27441 [No. 8]: not printed. † C.93105/32 [No, 22]: not printed. § C. 92970/32 [No. 14]: not printed. || C. 93039/32 [No. 21]: not printed,

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3. It is a matter of particular regret to me that the State Council has chosen to disapprove of this very moderate proposal, the adoption of which is, in my opinion, imperative if the Government Press is to fulfil its functions with that degree of efficiency which is essential to the smooth working of the whole machinery of Govern- ment. I am satisfied after an exhaustive examination of the position that the services of a fully competent Works Manager in the Printing Department cannot be dispensed with, and that without such an officer serious dislocation is bound to occur. quite impossible for me to permit such a situation to arise if I am to discharge the responsibilities assigned to me under the present Constitution. The suitability of the present holder of the post is beyond question, and he is, in my opinion, the only officer at present available and competent to hold it.

It is

4. In these circumstances I feel compelled to take action under paragraph 1 (b) of Article 22 of the Ceylon (State Council) Order in Council, 1931, to restore the provision for a Works Manager. I accordingly hereby declare the vote proposed by the Acting Financial Secretary to be a matter of paramount importance, and I request you to inform the State Council at its next meeting that I have made this declaration. I shall be glad if you will also inform the Council that I am myself most anxious that a Ceylonese officer should be appointed to this post as soon as one can be found with the necessary qualifications and experience, and I have ordered· that special facilities be given to the newly appointed Assistant Works Manager to enable him to obtain the requisite experience with a view to his appointment to the higher post on the expiration of the present holder's extended agreement.

14286/33 [No. 6].

No. 51:

THE GOVERNOR to THE SECRETARY OF STATE, (Received 11th September, 1933.)

(Confidential.)

SIR.

Ceylon, 17th August, 1933 WITH reference to my despatch No. 464 of 2nd August, 1933, I have the honour to inform you that, in connexion with the difference of opinion between myself and the Executive Committee for Agriculture and Lands which is discussed in that despatch, I have had occasion to re-examine the constitutional position in regard to the Governor's responsibilities in establishment matters as defined in paragraph 6 of your Confidential despatch of the 14th May, 1932,† on the case of Mr. Hunter.

2. I think it desirable that I should address you on some aspects of the view of the constitutional position expressed in your despatch in order that these aspects may receive your consideration in connexion with the reply to the Acting Minister's letter which you may wish me to convey to him.

3. It is stated in the sixth paragraph of your despatch that the division of responsibility between the Governor, the Executive Committee, and the State Council in establishment matters is not precisely defined but that it appears to be governed by Articles 39, 86, and 22 of the Order in Council and by Clause I of the Royal Instructions. These provisions are then construed to require the Governor, in whom the appointment and dismissal of public officers is vested, in general to follow the advice of the Executive Committee concerned in questions affecting the numbers and remuneration of the staff of the Departments under the control of that Executive Committee unless the use of his reserve powers is justified on particular grounds which are mentioned.

4. It will be observed that this view of the constitutional position accords in some respects with that put forward by the Acting Minister in his letter and that he bases upon it an argument which is intended to exclude advice to the Governor from the Financial Secretary, or indeed from any other authority than the Executive Committee, upon a question of the adequacy of the staff proposed by the Committee to perform essential services. I wish to offer, later in this despatch, some observations upon the constitutional position but, apart altogether from that aspect of the matter, acceptance of the Acting Minister's view would make it in practice extremely difficult for the

* No. 26.

† No. 46.

1.