RESOLUTIONS AND QUESTIONS

After non-official bills and motions to amend Standing Orders have been disposed of, any member may during the remaining time allotted to non-official business move a resolution on a matter of public interest. Fifteen clear days' notice of such resolution must be given.

Every resolution must be in the form of a recommendation to Government. The Governor may disallow a resolution on the ground that it cannot be moved without detriment to the public interest or that it is not primarily the concern of the local Government.

No resolution may be moved on any matter which affects the relations of Government with any foreign or Native State, or relates to the internal administration of any Native State, or is sub-judice.

Questions for the purpose of obtaining information on a matter of public concern may be asked provided that notice of the question is given 10 clear days before the Session. A question may be disallowed on any of the grounds on which a resolution on the subject might have been disallowed, and also on certain other grounds of which the most important are that it must not contain a suggestion for particular action, nor ask for an opinion.

COURSE OF LEGISLATION

Acts passed. In the period between 1st of April 1922 and the 31st March 1923, twenty Acts were passed by the Legislative Council of the Governor of Bombay and, having received the assent of Their Excellencies the Governor and the Governor General, became law.

The Acts were as follows:

(1) Act No. I of 1922 (An Act further to amend the Courtfees Act, 1870) raised the court-fees in certain cases.

(2) Act No. II of 1922 (An Act further to amend the Indian Stamp Act, 1899) enhanced certain stamp fees.

(3) Act No. III of 1922 (An Act to repeal the Bombay Cotton Contracts Control (War Provisions) Act, 1919).

(4) Act No. IV of 1922 (The Mahul Creek Extinguishment of Rights Act). The trustees of the Port of Bombay had in contemplation the laying of new oil pipe line to the oil pier of Trombay. For the proper laying and protection of the pipe line it was necessary to keep permanently closed the Port Trust Railway draw-bridge which spans Mahul Creek and to carry the pipe thereover. This involved the closing of the creek to navigation. This Act was therefore passed with the object of extinguishing all tidal rights and rights of navigation and to provide for the determination of claims to compensation for damage caused by the compulsory extinction of rights.

(5) Act No. V of 1922 (An Act further to amend the Bombay Prevention of Gambling Act, 1887) was passed with the object of suppressing" bucketshops " by bringing within the scope of gambling any transaction by which a person employed another or engaged for another to bet or wager whether on the totalizator or otherwise, previous legislation having been found ineffective.

(6) Act No. VI of 1922 (An Act further to amend the City of Bombay Municipal Act, 1888) contained, among other provisions, one for popularising the constitution and widening the franchise and the other for the removal of the sex bar.

(7) Act No. VII of 1922 (An Act further to amend the Karachi Vaccination Act, 1879) transferred the control of vaccination and registration of births and deaths from Government to the Municipality of Karachi.

(8) Act No. VIII of 1922 (An Act further to amend the Matadars Act, 1887) made it clear that for a valid election under the Act, a majority of those Matadars only, who are not disqualified from voting under section 30 (2) of the Matadars Act, is needed.

(9) Act No. IX of 1922 (An Act further to amend the Aden Port Trust Act, 1888) empowered the General Officer Commanding Aden Brigade to appoint as his representative on the Board of Trustees of the Aden Port Trust whichever officer he considered best suited for the purpose in place of the Deputy Quarter Master General, Aden Brigade, who was one of the ex-officio trustees of the Board, but whose post was abolished owing to the re-organisation of the military staff.

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(10) Act No. X of 1922 (An Act further to amend the Bombay Salt Act, 1890). This was enacted with the object of (i) removing the difficulties which were experienced by the desertion of employees in the Salt Department especially in the Northern Frontier where a large number of Bhils were employed; and (ii) subjecting the employees of the Salt Department to the same penalties for failure to perform their duties, as the employees of the Abkari Department.

(11) Act No. XI of 1922 (An Act to amend the Identification of Prisoners Act, 1920) was passed so as to apply the provisions of the Identification of Prisoners Act, 1920, closely to the City of Bombay.

(12) Act No. XII of 1922 (An Act further to amend the Prince of Wales Museum Act, 1909) inter alia empowered the Board to lend, exchange, sell or destroy articles in collections, and to keep collections not belonging to them and to raise a loan with a sinking fund extending over a longer period than the term of the loan.

(13) Act No. XIII of 1922 (An Act further to amend the Prevention of Cruelty to Animals Act, 1890) enabled the infirmary to recover from the owner of the animal the amount by which the cost of its treatment exceeded the amount recovered by its sale.

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(14) Act No. XIV of 1922 (An Act to provide for the regulation and control of transactions in cotton in Bombay) conferred the East India Cotton Association the statutory powers possessed by the Bombay Cotton Contracts Board for the regulation of the cotton trade and sanctioned the administrative machinery contained in the Association's Articles of Association.

(15) Act No. I of 1923 (An Act to impose duty in respect of admission to entertainments in the Presidency of Bombay).

(16) Act No. II of 1923 (An Act further to amend the Opium Act, 1878) empowered Excise officers not below the rank of Inspector and Customs officers not below the rank of Preventive Officer to grant bail to persons charged with offences under the Opium Act, 1878, and to conduct the various stages of the preliminary investigation of such cases.

(17) Act No. III of 1923 (An Act further to amend the Bombay Rent (War Restrictions) Act, 1918, and the Bombay Rent (War Restrictions No. 2) Act, 1918) was passed mainly with the objects of (i) continuing for one year more the two Bombay Rent Acts; and (ii) putting a stop to the practice of subletting.

(18) Act No. IV of 1923 (An Act to provide for compulsory elementary education and to make better provision for the management and control of primary education in the Bombay Presidency). This Act, the Bombay Primary Education Act, 1923, carried out the recommendations of the committee appointed to consider the question of compulsory education. It provided the machinery necessary for the working of a scheme of compulsory elementary education by a local authority and made improved arrangements for the supply of primary education.

(19) Act No. V of 1923 (An Act further to amend the Bombay Port Trust Act, 1879) re-arranged the constitution of the Board of Trustees for the Port of Bombay and increased the number of trustees from 17 to 21 in order to secure adequate Indian representation on the Board. It gave three new seats to Indians, thus increasing the number of Indians on the Board from five to eight and made these seats elective. It also empowered the Chairman of the Bombay Port Trust to delegate his powers to Heads of Departments in the matter of questions relating to the service, pay, privileges and allowances of officers and servants of the Board.

(20) Act No. VI of 1923 (An Act to consolidate and amend the law relating to Local Boards). This Act repealed the Local Boards Act and re-enacted its provisions with numerous alterations and additions. It also repealed the Sind Local Funds Act, 1865, and the Bombay Local Funds Act, 1869, and embodied the provisions of those Acts into one Act as it was more convenient that all Acts relating to local funds and local boards should be consolidated.

Bills.-Five other Bills were introduced during the year, but were not passed into law during the period under review.

The Budget.-The Budget was presented to the Council on 19th February 1923 and 12 days were allotted for discussion of voting of demands for grants. The total demands were reduced by Rs. 6,91,620 by vote of the Council. There were 8 divisions of which 2 were carried against Government.

Resolutions.-Thirty resolutions were moved during the period under report. Of these 10 were carried; 5 were negatived; 14 were withdrawn ; and I ruled out of order in the Council after discussion.

The resolutions which were carried recommended to Government :

(1) “To take steps, as early as possible, to accord to all 'political prisoners', a treatment similar to that given to political prisoners or first class misdemeanants in England'. Moved by Sardar V. N. Mutalik.

(2) " To introduce a larger element of Indians in the responsible posts of inspectors, superintendents and other high posts of the City Police of Bombay. Moved by Mr. I. S. Haji and amended by Mr. J. B. Petit.

(3) "The desirability of making the Jail Manual and other departmental manuals available to the general public for purchase at reasonable rates." Moved by Mr. C. M. Gandhi.

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(4) That a committee consisting of two representatives of each of the following interests, namely, investors, industrialists and brokers, and presided over by an officer with judicial experience, be appointed to inquire into the present constitution, status and working of the Bombay Stock Exchange and to consider what reforms and actions are necessary in order to place the exchange on a sound, efficient and healthy footing, so as to secure the confidence of the investing public and safeguard their interests. Moved by Mr. M. A. Havelivala and amended by Mr. N. M. Dumasia.

(5) "To introduce the following rule in Grant-in-Aid Code: That in all schools and colleges which are either the only institutions of their kind in the neighbouring area or which are not purely denominational in the sense of refusing admission