Vol. 10 · pages 781–785
As Member of the Governor-General's Executive Council, 1942–46
This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.
PDF page 781 (printed page 760)
760 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(e) whether it is a fact that some who passed the Readership
Examination in the year 1936, in the first attempt, have
become junior to those who qualified after four years
(in 1940), in the second attempt; and
(f) if the answers to parts (a) to (c) above be in the
affirmative, whether the Honourable Member proposes
to remove the anomalies of the rules, and to expedite
the final decision of the case, so that the Readership
Examination, due in May, 1944, in the Government
of India Press, New Delhi, may not be postponed for
want of decision; if not, what advantage is in view in
keeping the decision in abeyance for so long ?
The Honourable Dr. B. R. Ambedkar : (a), (b) and (c)
Yes. The delay in finalising the decision of Government on the
points raised is due to the widely divergent views expressed by
the different parties whose opinions were invited.
(d) Certain anomalies involved in die application of the
rules have been brought to the notice of Government. Proposals
to remove them are at present under the consideration of
Government.
(c) The question does not arise. Appointments to the posts of
readers are made by seniority and not by merit on the results
of a qualifying examination.
(f) As stated in reply to (d) above, proposals regarding the
amendment of the rules on the subject have been received and
are under examination. It is hoped to issue orders well before
the next readership examination in the Government of India
Press, New Delhi (due in May 1944) is held.
193
* Amendments to the New Delhi
Rent Control Order
Maulvi Muhammad Abdul Ghani : (a) Will the Honourable the
Labour Member please state whether amendments to the New Delhi
Rent Control Order announced on January 24th, 1944, arc applicable,
retrospectively, as was stated by his Joint Secretary, Mr. Mozumdar,
* Legislative Assembly Debates (Central), Vol. I of 1944, 28th February 1944, pp. 657-58
PDF page 782 (printed page 761)
761L. A. DEBATES (CENTRAL) QUESTIONS AND ANSWERS
at a Press Conference, the account of which was published in
the New Delhi Statesman of January 27th ?
(b) Is he aware that these amendments are interpreted by
the Delhi courts to apply retrospectively ?
(c) If the intention of Government was not to give these
amendments retrospective effect, do they propose to issue a
clarification of their intention, in view of the interpretation placed
on them by the Delhi courts ? If not, why not ?
(d) Is he aware that a copy of the Gazette Extraordinary, dated
the 24th January, in which these amendments were announced
was privately handed over by his office to Mr. Shiva Rao, New
Delhi correspondent of the Hindu, at a time when copies were
not available to the public, to enable Mr. Shiva Rao to take
advantage of it, in case of ejectment which was pending in
Delhi civil courts and judgment on which was to be announced
on January 25th ?
(e) Is he aware that his Joint Secretary, Mr. Mozumdar,
has issued orders that house No. 7 Barakhamba Road in which
Mr. Shiva Rao resides as a tenant, should be requisitioned, in case
Mr. Shiva Rao was ejected in pursuance of the decree if given
in favour of his landlord by the civil court ? If these allegations
are correct, does the Honourable Member propose to institute an
enquiry in the alleged partiality of the Government servants ?
(f) Is it a fact that Mr. Mozumdar had issued orders that in
the event of Mr. shiva Rao being ejected, he should be provided
with a three-roomed hutment by Government ? Do Government
propose to provide similar facilities to other journal in New
Delhi ? If not, why not ?
The Honourable Dr. B. R. Ambedkar : (a) No such
Statement was made by Joint Secretary, Labour Department.
(b) We have no information on the subject.
(c) No. The interpretation of Statutes and Orders is a matter
for the courts and not for Government.
(d) No. The allegation is incorrect.
(e) Yes, the order was passed because the house would, in the
event mentioned, have fallen vacant and be available for use by
Government. There is no question of Government requisitioning
it for Mr. Shiva Rao. It is the policy of Government to requisition
all available accommodation in Delhi that may fall vacant.
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762 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(f) NO.
Sir Muhammad Yamin Khan : What is the intention
of Government ? Do they want to give it retrospective effect
or not ?
The Honourable Dr. B. R. Ambedkar : The legal
intention is always for the Courts to interpret.
Sir Muhammad Yamin Khan : The Courts will
undoubtedly interpret, but what is the order of the
Government ? Is it to have retrospective effect or is it only
for the future ?
The Honourable Dr. B. R. Ambedkar : That is a matter
which must be left to the Courts.
Mr. N. M. Joshi : Is it not a fact that landlords in Delhi
are harassing their tenants in order to profiteer and what
steps are Government taking to stop it ?
The Honourable Dr. B. R. Ambedkar : I have no
information that the landlords are harassing, but we had a
deputation from the tenants who placed before Government
certain complaints and the amendment of the New Delhi
Rent Control Order was made to meet some of the grievances.
Sir Muhammad Yamin Khan : In this case the
house owner is a retired Executive Engineer, Rai Bahadur
Durgadas, who has a big family of 20 persons, whom he
cannot accommodate anywhere else.
The Honourable Dr. B. R. Ambedkar : I have no
information on the point.
Maulvi Muhammad Abdul Ghani: Is it the intention
of the Government to clarify the effect of any order passed
if the Court feels any ambiguity ?
The Honourable Dr. B. R. Ambedkar : I do not follow
the Honourable Member’s question.
Maulvi Muhammad Abdul Ghani : May I know whether
the Government propose to issue any clarification of their
order passed regarding the applicability of its retrospectiveness
to the Court ?
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763L. A. DEBATES (CENTRAL) QUESTIONS AND ANSWERS
The Honourable Dr. B. R. Ambedkar : Certainly, if
there is any ambiguity it will be the duty of the Government
to clarify it.
Mr. Lalchand Navalrai : Is the order very clear or does
it require any interpretation ?
The Honourable Dr. B. R. Ambedkar : I can supply a
copy to my Honourable friend.
Mr. Lalchand Navalrai : My question is this : Is the
order clear and unambiguous or liable to interpretations ? The
Honourable member says that the Court will interpret it. The
Court will undoubtedly do it but only in the latter case.
The Honourable Dr. B. R. Ambedkar : I do not know
what my Honourable friend wants to convey.
Mr. Lalchand Navalrai: My question is this. The
Honourable Member said that order may be interpreted by the
Court. But I say, is the order itself liable to interpretations,
on which the Honourable Member says that it will be to the
Court………..
Mr. President (The Honourable Sir Abdur Rahim) : That
is an argument.
Mr. Lalchand Navalrai : I am putting the question.
Mr. President (The Honourable Sir Abdur Rahim) : Order,
order.
194
* Employment of Women for Underground
Work in Collieries
701. Mr. K. S. Gupta : (a) Is the Honourable Member for
Labour aware that Mr. Sorensen described the recruiting of
women to work in coal mines in India as “most serious and
retrograde step” ?
(b) Is it not a fact that the price of foodstuffs and other necessities
of life have gone up four to five times the pre-war rates while wages
* Legislative Assembly Debates (Central), Vol. III of 1944, 30th March 1944, p. 1745.
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764 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
in the majority of the collieries are now 50 per cent above the
pre-war rates ?
(c) Is it a fact that women are allowed to work in coal
mines because the required number of men are not available
for working in the mines ?
(d) Is it not a fact that amenities for service in collieries
are far below the requirements of workers, which forced the
men workers to seek service elsewhere for pay and prospect
far superior to those of collieries ?
(e) Is it not a fact that women are prohibited from working
in collieries and for services underground (i.e., mines other than
coal) in the United Kingdom and the United States ?
The Honourable Dr. B. R. Ambedkar : (a) I have seen
press notices to this effect.
(b) I have no precise information regarding the rise in the
cost of living in the coalfields compared with pre-war. Foodstuffs
are provided for coalminers at concession rates.
(c) Yes.
(d) There is evidence that coalmining labour sought service
on military works in the neighbourhood of collieries in preference
to working in coalmines. As regards the amenities, I would
refer the Honourable Member to part (c) of my reply to his
question No. 273 on the 1st March, 1944.
(c) Women are not allowed to work underground in the
United Kingdom. Women are, however, employed in some
surface work in collieries. I have no information regarding the
United States.
Mr. N. M. Joshi : May I ask whether it is a fact that the
price of rice in pre-war days was 12 seers to the rupee and
the present price charged in the coal areas for miners is 6
seers to the rupee ?
The Honourable Dr. B. R. Ambedkar : I have no precise
information on the point.