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Vol. 15 · pages 301–305

As Free India's First Law Minister and Member of Opposition in Parliament, 1947–1956

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.

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284 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES the reasons why they are called upon to vote for a certain proposition. Dr. Ambedkar: It is a very valuable suggestion. We shall try and follow it up. Mr. Speaker: What is the present position of Shri Shiv Charan Lal ? Is he agreeable to vote for it without knowing the reasons? Dr. Ambedkar: We shall insure any risk, if he is undergoing one. Mr. Speaker: It does not mean that he doubts the correctness or the soundness of the proposition, but still as a Member he is entitled to know the reason. Shri S. V Naik (Hyderabad): On page 5 of the list of amendments to the Schedule, under the heading “Currency Ordinance, 1940” after section 2, certain temporary provisions with respect to Hyderabad one-rupee notes are made. I would like to know what will be the position in regard to the other currencies that are prevalent in the Hyderabad State. Dr. Ambedkar: I shall have to answer in the same way that I have done before. I can inform the Hon. the Finance Minister and he will probably communicate to the hon. Member what is the answer. 4 P.M. I have one more amendment to the schedule. I request that that may also be taken as moved. Amendments made: 1. In the schedule, under the heading “ The Indian Oaths Act, 1873 ”, for the item relating to section 1, substitute : “ Section 1.—“except Part B states” substitute “except the States of Manipur and Jammu and Kashmir”. 2. In the Schedule, after entry relating to “ The Partition Act, 1893 ”, insert: “ The Livestock Importation Act 1898 (IX of 1898) , Section 1. —For sub-section (2) substitute : (2) It extends to all Part A States, Part C States and the States of Saurashtra and Travancore-Cochin’.”

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285PARLIAMENTARY DEBATES 3. In the Schedule, under the heading “ The Indian Coinage Act, 1906 ”, for the last item substitute : “After section 23, insert the following, namely: ‘ 24. temporary provisions with respect to certain Part B States Coins.—Notwithstanding anything in section 6 of the Part B States (Laws) Act, 1951, coins of such description as at the commencement of the said Act were in circulation as legal tender in any Part B State shall continue to be legal tender in that State to the like extent and subject to the same conditions as immediately before the commencement of the said Act for such period, not exceeding two years from such commencement, as the Central Government may, by notification in the Official Gazette, determine.’ ” 4. In the Schedule, under the heading “The Indian Companies Act, 1913”, after the item relating to the new section 2B, insert: “ Section 144.—After sub-section ( 1) insert: (2) Notwithstanding anything contained in sub-section ( 1) but subject to the provisions of rules made under sub-section ( 2A), the holder of a certificate granted under a law in force in the whole or any portion of a Part B State immediately before the commencement of the Part B States (Laws) Act, 1951, entitling him to act as an auditor of companies in that State or any portion thereof shall be entitled to be appointed to act as an auditor of companies registered anywhere in that State. (2A) The Central Government may, by notification in the Official Gazette, make rules providing for the grant, renewal, suspension or cancellation of auditors’ certificates to persons in Part B States for the purposes of sub-section ( 2), and prescribing conditions and restrictions for such grant renewal, suspension or cancellation’.” 5. In the Schedule, after the entry relating to the “ Indian Copyright Act, 1914 ”, insert: “The Cinematograph Act, 1918 (II of 1918) Section 1. —In sub-section (2), omit “Hyderabad and’.” 6. In the Schedule, after the entry relating to “The Indian Bar Councils Act, 1926 ”. insert: “ The Child Marriage Restraint Act, 1929 (XIX of 1929). Section 1.—In sub-section (2), for ‘except Part B States’ substitute ‘except the State of Jammu and Kashmir’.” 7. In the Schedule, under the heading “The Petroleum Act, 1934”, in the item relating to section 1. for “For” substitute “In sub-section (2), for”. 8. In the Schedule, after the entry relating to “The employment of Children Act, 1938”, insert: “ The Motor Vehicles Act, 1939 (IV of 1939).” Throughout the Act, unless otherwise expressly provided, for the States’ substitute ‘India’.

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286 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 1.—(a) In sub-section (2), for ‘except Part B States’ substitute ‘except the State of Jammu and Kashmir’; (b) for sub-section ( 3), substitute:— ‘(3) Chapter VIII shall not have effect in any Part B State to which this Act extends until the Central Government, by notification in the Official Gazette, so directs, and notwithstanding the repeal by section 6 of the Part B States (Laws) Act, 1951, of any law in force in that State corresponding to the Motor Vehicles Act, 1939, the corresponding law, in so far as it requires or relates to the insurance of motor vehicles against third party risks shall, until Chapter VIII takes effect in that State, have effect as if enacted in this Act.’ Section 2.—(a) after clause 9 insert ‘(9A) ‘India’ means the territories to which this Act extends’: (b) omit clause (29A). Section 9.—(a) In sub-section (2), for ‘ In any Part B State’, substitute ‘in the State of Jammu and Kashmir’; (b) In sub-section (4),— (i) for ‘any Part B state or’ substitute ‘the State of Jammu and Kashmir or any’; and (ii) for ‘in any State’ and ‘in any such State’ substitute ‘in the State’. Section 28.—(a) In sub-section (2), for ‘any part B State’ substitute ‘the State of Jammu and Kashmir’; (b) in sub-section (5),— (i) for ‘any Part B State or’ substitute ‘ the State of Jammu and Kashmir or any’; (ii) for ‘registration in such State’ and ‘registration in any State’ substitute ‘registration in the State ’; and (iii) for ‘ issued in any such State’ substitute ‘issued in the State’. Section 42.—In sub-section ( 3),— (i) in clause (a), for ‘the Government of a Part A State’ substitute ‘a State Government’; (ii) in clause (h), for ‘any Part B State or’ substitute ‘ the State of Jammu and Kashmir or any.’ Section 133.—For ‘the Legislature of a Part A State’ substitute ‘the State Legislature’. The Sixth Schedule. —For the table, substitute the following:— Assam … … AS Bihar … … BR Bombay … … BM, BY Madhya Pradesh … … CP, MP Madras … … MD, MS Orissa … … OR Punjab … … PN

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287PARLIAMENTARY DEBATES Uttar Pradesh … … UP, US West Bengal … … WB, WG Hyderabad … … HT, HY Madhya Bharat … … MB Mysore … … MY Patiala and East Punjab States Union … PU Rajasthan … … RJ Saurashtra … … SS Travancore-Cochin … … TC Ajmer … … AJ Bhopal … … BS Bilaspur … … BL Coorg … … CG Delhi … … DL Himachal Pradesh … … HI Kutch … … KH Manipur … … MN Tripura … … TR Vindhya Pradesh … … VP Andaman and Nicobar Islands … … AN’ ” 9. In the Schedule, under the heading “ the Protective Duties Act, 1946 ”, omit the last item relating to section 2. 10. In the Schedule, omit the entry relating to the Employees’ State Insurance Act, 1948, (XXXIV of 1948). 11. In the Schedule, omit the entry relating to “The Transfer of Detained Persons Act, 1949 (XLV of 1949)”. 12. In the Schedule, under the heading “ The Currency Ordinance, 1940 ”, after the item relating to section 2, insert; “ After section 2, insert the following, namely:— “2A. Temporary provisions with respect to Hyderabad onerupee notes. —Notwithstanding anything contained in section 6 of the Part B States (Laws) Act, 1951, notes of the denominational value of one rupee which at the commencement of the said Act were in circulation as legal tender in the state of Hyderabad shall continue to be legal tender in that state to the like extent and subject to the same conditions as, immediately before the commencement of the said Act and for such period, not exceeding two years, from such commencement, as the Central Government may, by notification in the Official Gazette, determine’.”

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288 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 13. In the Schedule, insert the following as the first entry: “The caste Disabilities Removal Act, 1850 (XXI of 1850) Long title and preamble. —For ‘ the territories subject to the Government of the East India Company’ substitute ‘India’ Section 1. —(1) For ‘the territories subject to the Government of the East India Company’ substitute ‘India’ and for ‘in the courts of the East India Company and in the courts established by Royal Charter within the said territories’ substitute ‘in any court’. After section 1, add the following section, namely:— 2. Short title and extent. —(1) This Act may be called the Caste Disabilities Removal Act, 1850. (2) It extends to the whole of India, except ‘the State of Jammu and Kashmir’. ” —[Dr. Ambedkar] The Schedule, as amended, was added to the Bill. Clause 1.— (Short title etc.) Amendment made: In sub-clause (1) of clause 1 and elsewhere in the Bill where there is a reference to the Part B States (Laws) Act, 1950, for “ 1950 ” substitute “1951”. —[Dr. Ambedkar] Clause 1, as amended, was added to the Bill. The Title and the Enacting Formula were added to the Bill. Dr. Ambedkar: I beg to move : “ That the Bill, as amended, be passed.” Mr. Speaker: Motion moved : “ That the Bill, as amended, be passed.” Capt. A. P. Singh (Vindhya Pradesh): Sir, I would like to draw your attention to one point. The statement of Objects and Reasons lays down that “for the purpose of improving the administration”, and as such I oppose it; although this is not a part of it and so no amendment could be put forth in this connection. Mr. Speaker : Order, order. The hon. Member is too late. I may inform him, however, that a protest on this same point was raised by another Member of this House previously.