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22. As regards rules for retirement on proportionate pension 1 have nothing to add to what has been said in the comparative table. In the case of officers recruited before the publication of the Donoughmore Commissioners' report I recommend that the option should be a continuing one, as suggested by the Special Commissioners themselves, and not restricted to a period of ten years, as suggested in the Colonial Office report. I also consider it reasonable to allow the option, for a more restricted period, to officers transferred from other colonies after the publication of the report,! but before the acceptance of the new Constitution by the Legislative Council. I myself would come within the purview of the latter provision, but I should like to take this opportunity of stating that I could not consider myself entitled to take advantage of it. 23. The Special Commissioners recommended that the Public Services Com- mission should consist entirely of officials. I have followed the Colonial Office draft I should in leaving it open to the Governor to appoint two non-official members. personally welcome the appointment of non-officials, but I doubt if suitable persons, willing to take up the appointment, could be found in Ceylon, Members of the State Council should certainly not be appointed, and I suggest that the Royal Instructions should contain a provision to this effect. I have found it desirable to provide that the Deputy Chief Secretary (vide my despatch No. 379 of 9th May, 1930*), may preside over meetings of the Public Services Commission. This will relieve the Chief Secretary of a certain amount of work of a semi-routine nature, of which a good deal is bound to come before the Commission.
24. I have, at the request of Sir Herbert Stanley himself, fixed the emoluments of the Governor, as well as of the Officers of State, in the Order in Council. This provision appears to me to be eminently desirable.
Clauses 172 to 175.
25. These Clauses are new. The necessity for them is fully explained in the comparative table, to which I have nothing to add.
26. I should be grateful if Your Lordship, besides telegraphing to me your decision on the suggestion raised in paragraph 6 of this despatch, would also intimate by telegram your views upon the points which I have raised in paragraphs 9, 10, 19, and 21. An early decision upon these points will enable me to proceed with the preparation of the Statement of Administration Procedure, a task of considerable importance and complexity, as well as with the preparations for administrative devolu- tion recommended on pages 61 and 62 of the report of the Special Commissioners.
27. I cannot close this despatch without an expression of gratitude to Mr. E. St. J. Jackson for the ability and thoroughness which he has displayed in drafting the Order in Council and preparing the comparative table. The task of preparing the legal instrument necessary to enforce a constitution containing so many novel features was one of great difficulty. Mr. Jackson has overlooked nothing, and has drawn my attention to many points of importance which might, I fear, have escaped my notice. I am also exceedingly grateful to Sir Robert Johnson and Mr. T. Reid. Although they were primarily concerned with administrative details only, the Treasury experience of the former and the local knowledge of the latter were of great value to us in our deliberations, and I am indebted to both of them for many useful suggestions.
28. I propose to proceed immediately with the drafting of revised Letters Patent and Royal Instructions.
I have, &c.,
B. H. BOURDILLON,
Officer Administering the Government.
* No. 55.
C. 73230/7/30 [No. 23].
151
No. 132.
THE SECRETARY OF STATE to TUE OFFICER ADMINISTERING THE
GOVERNMENT.
(Sent 4.30 p.m., 20th August, 1930.) TELEGRAM.
No. 102. YOUR telegram of 14th July.* Franchise resolution. In view of result of discussion reported in your telegram of 16th July, † I presume that Unofficial Members do not now press for change indicated in first part of resolution. I regret that I am unable to accept the recommendation in the second part of the resolution. In this connexion reference is invited to paragraph 37 of Stanley's despatch of 2nd June, 1929,‡ and paragraph 11 of my despatch of 10th October, 1929.‡-Passfield.
C. 73230/7/30 [No. 25].
No. 133.
THE SECRETARY OF STATE to THE OFFICER ADMINISTERING THE GOVERNMENT.
(Sent 5.30 p.m., 29th August, 1930.)
TELEGRAM.
No. 111. YOUR Confidential despatch of 30th July. § Draft Order in Council will be considered in detail and my observations will be communicated to you in due course. Following are replies to points on which you asked for early instructions.
Paragraph 6-1 agree to procedure proposed.
Paragraph 9.-I concur generally in your proposals but suggest following altera- tions in Schedules.
9th Schedule, Head 1.-Suggest omission of Public Trustee " who should be placed in same position as Auditor-General. Provision should be made for finance and staff of Auditor and Public Trustee under head "Treasurer." Suggest for re- consideration that Veterinary Services should be transferred to Department of Agricul- ture with which they must necessarily be closely associated and housing transferred to Department of Health, factories remaining under Department of Labour. I propose to consider a modification of draft Clause 112 (1) in regard to position on dissolution of Council.
10th Schedule. Suggest transfer of drafting of legislation from Head 1 to Head 2. Paragraph 10.-I agree generally with your views.
Paragraph 19.-I agree generally, but as regards last sentence of penultimate paragraph sub-paragraph I consider that such exercise as is there contemplated of Governor's power to transfer appointments from Class 3 to Class 2 would be undesir- able, and I trust that necessity for considering it will not arise. Paragraph 21.-I agree, subject to omission of words him" from Clause 169 of draft Order.-PASSFIELD.
C. 73230/7/30 [No. 33].
No. 134.
C
when so requested by
THE GOVERNOR to THE SECRETARY OF STATE. (Received 10.56 a.m., 20th December, 1930.) TELEGRAM.
20TH DECEMBER. No. 229. Confidential. Your telegram of the 8th November [? December], No. 177 Confidential, and your Confidential despatch of the 24th November. Order in Council extending life of Legislative Council brought into operation by publication in Gazette of 19th December, 1930.
No. 129.
† No. 130.
Cmd. 3419. § No. 131. || C. 73230/7/30 [No. 30]: not printed. GC. 73230/7/30 [No. 28]: not printed.
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