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PUBLIC RECORD OFFICE

Reference :—

PERNIC.O.882/11

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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the Governor on these appointments should have a more intimate knowledge of the judicial qualifications of candidates than the Public Services Commission could be expected to acquire.

13. Clauses 77-90, dealing with transfers and retirements, need no special

comment.

14. Clauses 91 to 117 lay down the procedure for the administration of discipline. Here again there is a division into three classes, preserving existing practice, namely officers in whose case the approval of the Secretary of State is necessary before any punishment other than a reprimand can be inflicted, officers who can be punished by the Governor without the approval of the Secretary of State, and officers in whose case the Governor has delegated to Heads of Departments his own disciplinary powers. These Clauses are self-explanatory, and the only general comment which I desire to make upon them is that, in order to preserve the rights of officers now in the service, every endeavour has been made to bring the new procedure, necessitated by the disappearance of the Executive Council and the creation of a Public Services Com- mission, as closely as possible into line with the procedure laid down in Colonial Regulations 40-51. I have also considered it desirable to lay down procedure for dealing with the cases of non-pensionable officers, in regard to whom no provision exists in Colonial Regulations.

15. Clause 93 (iii) is based upon Your Lordship's Circular despatch of 26th July, 1929,

9,* and provides, in the case of whole-time judicial officers, for a Judicial Com- mission, to be appointed by the Chief Justice, to take the place of the Committee mentioned in Clause 93 (ii), which, in turn, replaces the Committee of the Executive Council referred to in Colonial Regulation 42 (ii).

16. Clauses 118-140 contain general regulations regarding disciplinary pro- cedure, based partly upon Colonial Regulations and partly upon General Orders of the Ceylon Government, and need no special comment. The remaining clauses are general disciplinary regulations, embodying, with but little variation, Colonial Regula- tions and existing General Orders, and in their case also no special comment is

necessary.

17. The necessity for prescribing new regulations in regard to the making of appointments and to disciplinary procedure raises the important question as to how far Colonial Regulations will, in future, be applicable to Ceylon. Chapter II will clearly be inapplicable in many respects, and I apprehend that, under the new Constitution, Chapter V will also be inapplicable in its totality. As regards Chapter V I am, however, unable to express any opinion until I have considered the revision of the Financial Orders of the Ceylon Government which has now become necessary, and in regard to which Your Lordship will be addressed at a later date. I suggest that Chapter I of the Colonial Regulations should be amended so as to give a brief descrip- tion of the Constitution of Ceylon as it will be in the future. A special paragraph might be added after paragraph 1 (I) (which refers to Malta) indicating the nature of the Ceylon Constitution, and stating that Chapter II A and B only apply to Ceylon when they do not conflict with the special regulations which are contained in the Ceylon Government Manual of Procedure. When the revised Financial Orders are considered it may also be found necessary to insert a note as regards the application of Chapter II C and Chapter V, but I am not prepared to make definite suggestions in this regard at present.

18. It is of the very greatest importance that the Manual of Procedure should be published as long as possible before the State Council meets, in order that all public servants may have full time to acquaint themselves with the regulations con- tained therein, and may be prepared to adapt themselves at once to the new conditions. I hope therefore that, provided that the general lines of procedure laid down com- mend themselves to Your Lordship, a meticulous examination of the detailed provisions will not be considered necessary, and that Your Lordship's sanction to the issue of the Manual may be communicated by telegraph at the earliest possible date. I regret that it has not been possible to submit a draft of the Manual before this late hour. but, as I have already observed, its preparation has involved an immense amount of exceedingly careful labour, and Mr. Reid's time has also been occupied by heavy work in connexion with the preparation of the electoral registers. These will all he certified and printed about the end of this month, and it will therefore be possible to dissolve the Legislative Council and order a general election as soon as the Orders

* Not reprinted.

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in Council are received from Your Lordship. It is therefore possible that the State Council may come into being before the end of June, and I hope that it may be possible for me to publish the Manual of Procedure at the end of April or the beginning of May.

C. 83230/9/31 [No. 2].

No. 100.

I have, &c.,

B. H. BOURDILLON,

Officer Administering the Government.

No. 157.

THE SECRETARY OF STATE to THE GOVERNOR.

(Sent 12.30 p.m., 20th May, 1931.)

TELEGRAM.

[Answered by No. 159.]

YOUR Confidential despatch 31st March.* Manual of Procedure. Two sections dealing with administrative procedure are approved and may be published forthwith. Section dealing with public service regulations requires further examina- tion, particularly in regard to paragraphs 178-183 relating to associations of public officers. I will communicate as soon as possible in regard to this section.-PASSFIELD.

C. 83230/9/31 [No. 3].

No. 158.

THE SECRETARY OF STATE to THE GOVERNOR. [Answered by No. 160.]

(Confidential.)

SIR,

Downing Street, 28th May, 1931, I HAVE the honour to acknowledge the receipt of Mr. Bourdillon's Confidential despatch of the 31st of March* enclosing copies of a draft Manual of Procedure which he proposed to issue, and to confirm my telegram of 20th May which ran as follows:-

Your Confidential despatch

[See No. 157.]

to this section. The paragraphs in the Public Service Regulations to which reference is made above appear to be based on the Trades Disputes and Trades Union Act of 1927.- As I informed you in my Confidential despatch of the 11th of September, 1930, all the provisions of that Act are or may become in the near future subjects of acute controversy in this country, and I have not felt able to agree to the incorporation of its provisions in the legislation of Ceylon. The considerations which led me to that decision would still more strongly preclude me from assenting to the inclusion of similar provisions in regulations affecting the Public Service which are issued on the sole authority of the Governor, and are not subject to the approval of the State Council.

2. I observe that in paragraph 16 of his despatch under reply, Mr. Bourdillon

states that the " remaining clauses " (ie., subsequent to Clause 140) are general disciplinary regulations embodying, with but little variation, Colonial Regulations and existing General Orders. I have not been able to trace in the copies of the General Orders in my possession any provisions analagous to those in Clauses 178-183 of the draft Regulations, and I shall be glad to have further information on this point. In the meantime, the regulations should not be published as they stand, and will require further examination.

3. Clause 173, which prohibits the wife of a public officer becoming a candidate for the State Council or in any way taking an active part in the State Council election, has already been the subject of correspondence. (See my despatch Confidential (2)

* No. 156.