appendix- x the chin hills regulation, 1896*, a regulation...

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APPENDIX- x THE CHIN HILLS REGULATION, 1896*, A Regulation to Declare the Law Applicable in the Chin Hills of Upper Burma WE RE AS it is expedient to declare the law applicable in the Chin Hills of Upper Burma *It is hereby: enacted as follows*- CHAPTER I PRELIMINARY 1, (1) This Regulation may be called the Chin Hills Regulation, 1896 (2) It shall come into force on such date as the local Government may, by notification in the Burma Gazette, appoint* (3) This section and section 3 shall extend to the whole of the CHin Hills*The rest of this Regulation shall extend only to such tracts in the Chin Hills as the local Government, with the previous sanction of the Governor General in Cbuncil may, by notification in the Burma Gazette, direct* 2, (l) In this Regulation, unless there is anything repugnant in the subject or context, the expression - •Superintendent* includes my officer whom the local Government may invest with the powers of a« Superintendent under this Regulation: (2) "Assistant Superintendent" includes any officer whom the Local Government may invest with the powers of an Assistant Superintend* * The Regulation came into force on the 1st June, 1997( vide Political Department Notification .No,9 dated the 1st May, 1897,p. 18)*

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Page 1: APPENDIX- x THE CHIN HILLS REGULATION, 1896*, A Regulation ...shodhganga.inflibnet.ac.in/bitstream/10603/103878/13/13_appendix.… · local custom and to justice, equity and good

APPENDIX- x

THE CHIN HILLS REGULATION, 1896*,

A Regulation to Declare the Law Applicable in the Chin Hills

of Upper Burma

WE RE AS it is expedient to declare the law applicable in the Chin

Hills of Upper Burma *It is hereby: enacted as follows*-

CHAPTER I

PRELIMINARY

1, (1) This Regulation may be called the Chin Hills Regulation, 1896

(2) It shall come into force on such date as the local Government

may, by notification in the Burma Gazette, appoint*

(3) This section and section 3 shall extend to the whole of the

CHin Hills*The rest of this Regulation shall extend only to such

tracts in the Chin Hills as the local Government, with the

previous sanction of the Governor General in Cbuncil may, by

notification in the Burma Gazette, direct*

2, (l) In this Regulation, unless there is anything repugnant in the

subject or context, the expression -

•Superintendent* includes my officer whom the local Government

may invest with the powers of a« Superintendent under this

Regulation:

(2) "Assistant Superintendent" includes any officer whom the Local

Government may invest with the powers of an Assistant Superintend*

* The Regulation came into force on the 1st June, 1997( vide Political Department Notification .No,9 dated the 1st May, 1897,p. 18)*

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under this Regulations

(3) * Chins" includes (a) Iushais,(b) Kukis, (c) Buimans domiciled

in the Chin Hills; and (d) any persons who have adopted the

customs and language of the Chins and are habitually resident

in the Qtfn Hills#

(4) "Clan* means any sub-division or section of Chins, and includes

a group of clans:

(5) "Village" includes -

(a) a village-coanmity

(b) village lands

(c) rivers passing through or by village land; and

(d) a group of villages; and

(6) "Headman" means the chief or head of any clan or village inhabited

by Chins, and includes a council of chiefs or elders.

CHAPTER III

LAW APPLICABLE IN THE CHIN HILIS

(1) This Regulation and the enactment in the schedule, to the

extent and with the modification therein set forth, shall be

deemed to be the only enactments which apply to any tract in

the Chin Hills to which section 2 and sections 4 to 41 (both

inclusive) may be extended by a notification under section 1 ,

sub-section (3)

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(2) Nc other enactments shall be deemed to apply to ^ in in the

Chin Hillst

Provided that the local Govexnment( subject to the control)

of the Governor General in Council, may, by notification in the

Burma Gazette, declare any other enactment to be applicable

wholly or to the extent or with the modification which may be set

forth in the notification.

L (1) So far as regards persons other than Qiins» the law in force

in the ^ in Hills shall, subject to the provisions of sub-section

(4) and (5), be the law for the time being in force in Upper

Burma exclusive of the town of Mandalay:

(2) For the purpose of any enactment in force in the Chin Hills

In pursuanoe of the provisions of sub-section( 1 ) , the Superin­

tendent shall be deemed to be the Deputy Cbmraissioner or the

District Magistrate Chile ctor, and an Assistant Superintendent

and Assistant Cbnmissioner in charge of subdivision or an

Assistant Cbllector of the finit class, as the case may be*

(3) The Local Government shall exercise the powers of the Financial

Gbmmissioner and of a Cbmraissioner under any such enactment as

aforesaid#

(4) This section and sections 9,16,22,23, 33 and 34 shall apply to

all persons within the Chin Hills.

(5) Section 12 shall apply t© all parties to a suit or otter

proceeding of a civil nature in which any of the parties 1® a Chin.

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CHAPTER m

HEAEMEN AND THEIR POVERS

(1) Subject to my general or sjfe'-ial orders of the Local Government

the Superintendent m?y appoint and remove any headman and may

define the local limits of his jurisdiction and declare what clan

or village, or both, shall be subject to him*

(2) VJhere a headman is appointed for a group of villages or clans,

the Superintendent may declare the extent to, and the manner in

which the he£<han of the villages or clans conposing such group

shall be subordinate to the headman of ihe group*' ' *v

(3) In making a declaration Under this section the Superintendenti

‘ shall be eruided as far as practicable by local custom,

( 1 ) Every headman shall within the local limits of his jurisdiction

have general control, according to local custom, over the clan

or village, or both declared subject to him,

(2) He may levy from such clan or village any customary dues and

many inpose on them such punishments as are authorised by local

custom* ,

Provided that no barbarous, excessive or unsual punishment

shall be inposed,

(3) He shall be bound to keep the peaoe within the tract under his

general control; to conply with all lawful orders received from

the Superintendent or Assistant Superintendent; and to furnish

on the requisition of the Superintendent or an Assistant Superin­

tendent on receipt of payment at rates to labour required by any

public servant*

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231

7* (l) A headman may try,according to local custom, any person subject

to his general control, who may be charged with any offence other

Him an offence punishable under sections 121 to 130,sections

302 to 308, sections 341 to 348,sections 363 to 377,sections 390

to 402 and sections 438 to 440( aid inclusive) of the Indian Penal

Gbde or with abetment of, or attenpt to commit, any of these

offences, end may ptnish with fine in money or goods any person

found guilty iy him of any such offence as aforesaid*

(2) Nothing in the Indian Penal gbde or in the Cbden of Griminal

Procedure, 1882 shall apply to any proceedings of a headman acting

in exericse cf "the po*«rs conferred by this action.

8* A headman may try and decide according to local custom any dispute

of a civil nature between persons subject to his general control,

aid may enforoe his decision in accordance with such custom.

CHAPTER IV - '

JURISDICTION AND SPECIAL PCWERS OF OFFICERS

9* (j) The Hiin Hills shall constitute a session division and a district

for criminal, civil, revenue and general purposes, and the

Superintendent shall be the Sessions Judge*

$2) As Sessions Judge the Superintendent may take cognizance of

any offence as a Cburt of original jurisdiction without the accused

being comnitted to him by a Magistrate for trial, and, when so

taking cognizance, shall follow the procedure prescribed by tho

. , Cbde of Criminal Procedure, 1882, for the trial of Warrant

cases by Magistrate*

10* For the purposes of the 0>de of Griminal Procedure, 1882, the local

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232

Government shall exercise the powers of o High Cburt.

11* The local Government may, by notification in the Burma Gazette,Invest

any Assistant Superintendent with all or any of the powers of a

Superintendent under this Regulationt and define the local limits of

his jurisdiction,

12. (1) The Superintendent end every Assistant Superintendent exercising

jurisdiction within the Chin Hills may try any suit or other proceedings

of a civil nature between parties, any one of whom is a (hin,according

to such procedure as the Local Government may, by notification In

the Burma Gazette,prescribed; and

(2)in the trial of any such suit or proceeding, may exercise all or

any of the powers which he might exercise in a suit or proceeding

in which none of the parties is a Chin; end

(3) in deciding any such suit or proceeding, shall have regard to' i ■ ' “•*- ' '

local custom and to justice, equity and good conscience.

13. The Superintendent may withdraw any civil or criminal case pending

before a headman or an Assistant Superintendent and may either try

himself or refer it'for trial to an Assistant Superintendent.

14.(1) Subject to the control of the Local Government, the Superintendent

may take hostages from, or inpose fines in money or goods on, any

clan or village or any part thereof, if after enquiry he finds that

any of the persons be 1 eng in g to such clan or village have -

(a) colluded with, or harboured, or failed to take reasonable means

to prevent the escape of, any petson accused of,! or under sentence

of imprisonment for, an offshcej

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(b) suppressed or combined to suppress evidence in any criminal case;

(c) failed or neglected to restore stolen property tracked to their

village or take on the track beyond the limits of their village}

(d) done any act hostile or unfriendly to the Government;

(e) disobeyed the lawful orders of the Superintendent or of an

Assistant Superintendent?

(f) taken part in or abetted an attack on traders or other travellers,

or they levy of or attenpt to levy unauthorized dues or tolls; or

(g) engaged in fighting with any other d a n or village.

(2) The Superintendent may oitder the whole or sny part of fine inposed

under this section to be given as condensation to any person to

whom damage or injury has been caused,directly or indirectly,by

the act in respect of which the fine is inposed.

(3) Yfasn in pursuance of an order passed under this section a person

has received compensation for injury out Of the prooaeds of a

fine, all right of Such person to condensation based on the same

injury shall be barred.

15. When within the area occupied by any clan or village a person is

dangerously or fatally wounded by unlawful attack, or the body of

a person reasonably believed to have been unlawfully killed is

found,the members of such clan or village shall be deemed to have

corrmitted an offence mder under the last foregoing section unless... \

they can stfow that -

(a) had not any opportunity of preventing the offence or arresting

the offence; or,

(b) had used all reasonable means to bring the offender to justice.

16. In the event of any clan or village acting in a manner hostile or

unfriendly to'.the Government, detain all or any member of such clan

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or village, deport them from the Chin Hills for life or for m y

other shorter terra, detain or confiscate their property, debar them

from access into territory outside the Chin Hills and prohibit all

or any other persons from entering "the area occupied by such elm of

village*

17. Every headman who abused any of the powers conferred upon him

by this Regulation, or neglects to obey any reasonable order of the

Superintendent shall be liable by order of the Superintendent to pay

a fine not exoeeding fifty, rupees,* or to be suspended or dismissed

from office.

18* Vhen the Superintendent is satisfied that a dispute likely to

cause a feud, breach of the peace or any affecting the human body or

against properly exists, he may enquire into the dispute and pass such

order as he may think fit, having regard to local custom and to

jiftice,equity and good conscience,

1?* No new villages shall be formed without the consent of •’jbhe

Siperintendenjt,'yihq may, for reasons to be recorded in writing, prohibit

the formation thereof.

20. Vffienever it seems to the Superintendent to be expedient on military

or other grounds, he may, by order in writing, direct't the removal of

any village to any other site, and , with the sanction of the local

Government, may award to the inhabitants thereof such conpensation-for

any loss which may have been occasioned to than by such removal as,

in his opinion, shall be just^

21. (1) When any person is known or believed to have a feud, or has

occasioned any cause of quarrel likely to lead to bloodshed, dacoity

or robbery, the Superintendent may require such persori to reside beyond

the limits of the Chin Hills or within those limits at such place as

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the Superintendent may deem desirable*

(2) No oider requiring a person to reside beyond the limits of

1 the Chin Hills shall be made without the previous sanction

of. the local Government*

22* When the Superintendent is satisfied that the presence of any

person( not being a public servant or a Chin) is injurious to the

7 peaoe or good administration of the Chin Hills, he may, fomreasons4:to

be recorded in writing ,order such person to leave the Chin Hills

within a civen time*

23, Whatever-contravenes the provisions of section 19 or disobeys

an order under section 20 or a requisition under section 2 1 , or an order

under section 22 , may, on conviction by a Magistrate, be punished with

imprisonment for a term vMch may extend to six moths, and shall also

be liable tof fine which may extend to one thousand rqpeeg*

24, When the Superintendent is of opinion that it 4s necessary for

the purpose of preventing culpable homicide( vfoether amounting to

murder or not) grievous hurt, dacoity or robbery to require any person

to, execute a bend for his good behaviour, he may order such person to

execute a bond with or without sureties, for his good behaviour during

such period not exoeeding three years as the Superintendent may fix,

25, When a feud or other cause of quarrel likely to lead to bloodshed

or violence exists,or is in the opinion of the Superintendent,likely

to arise between two clans, villages or families of Chins, the Superin­

tendent may order all or any of the persons belonging to such clans,

villages or families, to execute a bend with Or without suieties, for

their good behaviour during such period not exoeeding three years as he

may fix*

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26, When an Assistant Superintendent duly authorised under section

II passes an order section 24 or section 25, he shall at once submit

a report of his proceedings to the Superintendent*

27. (l) The coumission or attempted commission or the abetment by

a person who has executed a bond for his good behaviour under

section 24, of any offence affecting the human body or against

property shall be deemed to be a breach of such bond.

(2) If ,while a bond executed rnder section 25 is rin force, the

life of any person belonging to any clan, village or family

concerned is unlawfully taken or attenpted to be taken, or the

property of any such person is m lawfully taken or attempted

to be taken, by or with the abetment of any person or persons

belonging to the other elan, village or family,the Superintendent

may declare o-he bonds of all or any of the per sms belonging to

such other clan, village or family, and of their sureties(if any)

to be forfeited*

28* (1) If any person ordered to execute a bond for his good behaviour

under section 24 or section 25 does not give the security required

on or before the date on vhich the period for which the security

is to be given begins, he shall be committed to prison or if he is

already in prison, be detained there until such period expires,

or until within such period he gives the security to the officer

who made the order requiring it, or to the Officer in charge of

the jail in which he is detained, in which case he shall be

forthwith discharged from prison*

(2) Imprisonment for failure to give security under section 24

o* section 25 may be rigorous or simple as the Officer requiring

the security directs in each case* -

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29. When anyperson has suffered imprisonment fox three years for

failute to give security for his good behaviour under section 24 or

section 25 he shall be released and shall not again be required to

give security unless a fresh order is passed in accordance with the

provisions of this Regulation,

30,(l) fny person who has, under the provisions of section 24 or

section 25, given security, or been inprisoned ®or failure to

give security, may be brought before -the Superintendent i f , on

the expiry of the period for which security was required to be

given, the Superintendent so directs,

(2) When the Superintendent thinks it necessary, for the purpose

of preventing the commission of any offence affecting the human

body or against property, to require security for a further period

from any person so brought before him, he shall record a proceeding

to that effect,

(3) The proceeding may be founded on the facts on vJiich the original

order to give security was founded, and it shall not be necessary to

prove any fresh facts to justify an order to give security for*

a further period} under this section and such subsequent order, if

passed, shall have the same effect end be enforced in the same. - ■ • *1.

manner as an order to give security under section 24 to section 25,

(4) Notwithstanding anything in this section, no person shall suffer,

for failure to give security under this Chapter, inprisonment for •

more than six years or,without the sanction of the local Government,

for mor® than three years.

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CHAPTER V

SPECIAL RULES AS TO AFMS,AMMUNITION,OPIUM AND FORESTS

31, (1) The Superintendent may fix the number of firearms and the quantity

and description of ammunition which may be possessed toy any clan or

village, and may issue i i o e n ^ , either to such clan or village collective­

ly, or to any of the persons belonging thereto individually, to possess

the firearms and ammunition specified in the licenses.

(2) All firearms for which licenses .have been issued shall be stamped

and entered in a register.

(3) The Superintendent may grant a license to any clan or village for

the manufacture of gunpowder.

(4) Any person, who, not being lioensed or not belonging to any clan or

village licensed in that behalf, possesses any firearms or anmunition,ofc

#10 escorts from the Chins Hid Is any firearms of ammunition, or wfoo

manufactures gmpodwer, shall be pmished, on con victim bya Magi state,

wilh in^risatment TAhich may extaid to three years, or with fine, or with

both.

(5) Wl13y the previous sanction of the Local Government, the Superintendent

may direct that the foregoing sub-section shall not apply to any tract or

part of the Chin Hills, and may with the sanction canoel any direction

so made.

(6) The Superintendent may, by order in writing, prohibit all or any

of the persons belonging to any clan or village from carrying daos,'

spears aid bows, and arrows, or any of the weapons, in any tract,' to be

defined in the order. If he i s of opinion that such prohibition is

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necessary to the peace of such traet,Such order shall specify the

length of time during which it shall remain in force,

(7) Soever disobeys a prohibition under sub-section (6) shall,

cm conviction by a Magistrate, be punished With imprisonment ivhich

extend to six months, or with fine, or with both,

32, No prosecution uider the Upper Burma Forest Regulation, 1887, or

any rule thereunder, shall be instituted against any Chin except with the

sanction in writing of the Superintendent,

33, Vhoever inports, cultivates,manufactures, possesses, sells or

exports opium, ganja, bhang or charas in the Chin Hills shall be

ptjnished, on conviction by a Magistrate, with the imprisonment which

may extend to one year or with fine, or with both,

34* VJhoever sells foreign fermented liquor or spirit to any Chin

shall be puiished , on conviction by a Magistrate, with imprisonment

which may extend to three months, or fine or with both.

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CHAPTER VI

HU1ES REGARDING TAXES AND REALIZATION OF FINES|TE<i

35; Taxes shall be levied m all clans and villages at sudi rates

and in such manner as the I©cal Government may pie scribe.

36. An oider for the payment of any fine or tax, or for the delivery

of any property, or for the perfoxman oe of m y act, may be enforced

(1) by the seizure of any moveable property or of any standing crops

of the person against #iom such order is made, or when the order is

made against a d m or village or family of Chins, of any person

belonging hereto, or(2) with the sanction of the Superintendent of of

an Assistant Superintendent, fcy the sinple imprisonment, for a term

not exceeding one year, of the person against whom such order is made.

CHAPTER VII

CONTROL

37. No appeal shall lie against any order passed by a headman or

by any officer acting tinder this Regulation.

38. (1) All headmen and all officers in the Chin Hills shall be

subordinate to the Superintendent, who may revise any order passed

by any such headman or officer, including an Assistant Superintendent

specially enposvered under section II*

(2) The local Government may revise any order passed tinder this

Bsgulation.

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39, Subject to the control of the Governor General in Cbuncil,

the. local Government may make rules cm si stent with this Regulation -

(a) to regulate the procedure to be observed by officers acting under

this Regulations;

(b) to prescribe the use of such foiras, the submission of such

reports and; staterpents and the maintenance of such records said

registers as it may think necessary and,

(c) generally, to cany into effect the purposes of this Regulation,

4DC 'i)Hxcept as provided in this Regulation, a decision passed, act

done? or order made undefr this Rsgulation shall not be called in

question in any Civil or QriLminal Cbtcrt,

41.(1) The Local Government may# hy notification in the Burma Gazette,

delegate to the (fentnissloner of any Division in Upper Riima all or

sny of the powers conferred upon the local Government by this

Regulation, except the powers conferred by this section and by sections

1,3,5,11,12,31,35 and 39, and may, from time to time by a like

notification, rescind or vaiy any such notification,

(2) When all or any of the powers of the local Government have been

delegated to the Cbmmissione:r of the division, the local Government

may revise sny order passed by such Gbmmissioner exoept an order

passed under section 10,

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APPENDIX ~ J1

THE ATTLEE- AUNG SAN AGREEMENT SIGNED ON JANUARY 27,1947

^•Frontier areas:

It is the agreed objective of both his Majesty’ s Government and the

Bujmese delegates to achieve the early unification of the Frontier Areas

and Ministerial Burma with the free consent of the inhabitants of those

areas,At the time it is agreed that the people of the Frontier Areas

should, in respect of common interest, be closely associated with the

Government of Burma in a manner acceptable to both parties,For this

puipose it has been agreedi

(a) There shall be free intercourse between the peoples of the Frontier

Areas and the people of. Ministerial Burma without hindrance,

(b) The leaders aid the representatives of the peoples of the Frontier

Areas shall be asked,either at the Panglon^ conference to be held

at the beginning of next month, or at a special conference to be

convened for the puipose of expressing their views upon the form

of association with the Government of Burma which they consider

acceptable during the transition whether?

(1) by the appointment of a small groip of frontier area representa­

tives to advise the Governor on frontier affairs and to have

close liaison with the executive comcil or

(2) by the appointment of one frontier area representative as executive

comcilor in charge of Frontier Areas, or

(3) by some other method,

(c) After the Panglong meeting 't or the special conference,His Majesty’ s

and the Government of Burma will agree upon the best method of

advancing their common aims in accordance with the expressed views of

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of the peoples of the Frontiers Areas.

(d) A Cbmmittee of Enquiry shall be set forthwith as to the best

method of associating the Frontier peoples with the working ot*t

of the new Gbnstitution of Burma.Such Cbmmittee -will consist of

equal numbers of persons from Ministerial Burma» nominated by

the Executive Gbmcil, and of persons from the Frontier Areas,'

nominated by the Governor after consultation with the leaders of

those areas, with a neutral Chairman from outside Burma selected

by ti n agreement.Such Cfenraittee shall be asked to report to the

Government of Burma and His Majesty’ s Government before the

summoning of the Constituent Assembly*.

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APPENDIX - I I I r, x i V, - _Dated j the 12th Fcbraary 19^7 •

THE PAWLONQ ACRES-MEMT. .19^7. !' '

A Confer-snca having been held at Panglong, attended by certain members of the Executive

Council of t'ne Governor of Burma, all Saohpao and representatives of the Shan States,

the Xachln Hills and th<* Chin Hills.

The Monbers of tho Conference, believing: that freedom will be more epeedly achieved bytho Shans, theKachins and the Chins by their immediate co-operation with tho interim

Suns ess Government* .

The members of the Conference have accordingly, and without dlspentients,n£T follows i -■; _ - i f

1. A Representatives of th# Hill peoples, selected, by the Governor on tho reconmandation

of representatives of the Supreme Council of the United Hill Peoples(( SCOUHP ) nhall

to appointed a Counsellor'to the Governor to deal with the Frontier Arean.

2. The said counsellor shall also be appointed a raeraber of the Governor's Executive

Council, without portfolio, tnd the subject of Frontier Areas brought within tho pur-

vlon of the Executive Council by Constitutional Convention »3 in the case of Defence and External Affairs, The Counsellor for Frontier Area3 shall bo given executive

authority by siaHnr neana.

3.The said Counsellor shall bo assisted by two Deputy Counselloru representing racosof which ho is not a member. While the two Deputy Counsellors should deal in tho first instance with the affairs of their reopoctive areas’ arid the coyitsollor with all the remaining parts of the Frontier areas, they should by Constitutional Con­

vention act on the principle of joint responsibility.

lt, Vhilo the Counsellor, in.his capacity of Member of the Executive Council, will be

tho only representative of the Frontier Areas on the Connell, the Doputj’ Counsellors;

shall be entitled to attend meotinss of the Council wihcn r.ubjscted pertaining to

the Frontier Arca.3 are discussed.

5. Though the Governor's Executive Council will b* augmented as agreed above, it willnot operate in respect of the Frontier Arons in any manner which would 'doprlvo any portion of these Areas of the autonomy which it now onjoyti in intorn\l ndmi nlr.tra- tion. Full autonomy in.internal administration for theFrontior Areas is accepted

in principle. 1 '

6, Though the question of demarcating and establishing a separata Kachin State. Withina Unified 3uraa is one which must bs relegated for doslriion by tho Constituent

Assembly, it is agreed that such a State is desirable, Ao a first atop"towards thin end, administration of oach areas in tho Myitkyina ani the Bhamo districts an are part of Scheduled Areas under the Government of Burma Act of 1935»

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245

7. Citizens of the Frontier Arrets -hall 'enjoy rl&hls and rrlvilef.oti which are afforded aa fu ndanent.al in democraticcountriea,

0, The arr.}njittiaient3 'acc ?p ted... 1 n this Ac.reonenl are without prajudlee to tho

financial autonomy now vantea In I-ho Federated Slvi.n State.

V. The arrnngohoftl accepted in thl« Agrepovnl ire without prejudice to the financial assistance which the Kach.ln Hills and ChVn Hillc are e n t i t l e d to

receive from the revenues of Burma, and tho Executive Council K i l l rxiwnj.no with the Frontier Areas Counsellor and Deputy Counsellors) tho feasibility of

adopting for the Kachln Hills, and the Chin Hills financial arrangements

sinilnr to /those between Burma and tho Federated Slmn States,

) K p c f r i n cruJ.l ]>:<:•)

)

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Page 20: APPENDIX- x THE CHIN HILLS REGULATION, 1896*, A Regulation ...shodhganga.inflibnet.ac.in/bitstream/10603/103878/13/13_appendix.… · local custom and to justice, equity and good

APPENDIX - IV

246 -

FAtSBSIUE OF TIE CONSTITUTION OF THE UNION OF

BUM A, 1947? CHAPTER

C H A P T E R X .

Right of Secession.

201. Save as otherwise expressly provided in this Constitu tion or

in any Act of Parliament made under section 199, every State shall have

the right to secede from the U n ion in accordance w ith the conditions

hereinafter proscribed.

202. The right of secession shall no t be exercised w ith in ten years

from the date on which this C onstitu tion comes into operation.

203. (1) Any State w ishing to exercise the right of secession shall

have a resolution to that effect passed by its S tate .C ouncil. ...N osucb

resolution shall be deemed to have been passed unless not less than

two-thirds of the total num ber of members of the State C ounc il

concerned have voted in its favour.

(2) T.-.e Head nf the State concerned shall notify the President

of any such resolution passed by the Council and shall send hirn a

copy of such resolution, certified by the Chairm an o f the C ouncil by

which it was passed.

204. T he President shall thereupon order a plebiscite to be taken

for the purpose-of ascertaining the w ill of the people o f the State

concerned.

205. T he President shall appo int a Plebiscite C om m ission con ­

sisting of an equal number of members representing the U n io n and

the State concerned in order to supervise the plebiscite.

206. Subject to the provisions of th is Chapter, all matters relating

to the exercise of the right of secession shall be regulated by law .

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Page 21: APPENDIX- x THE CHIN HILLS REGULATION, 1896*, A Regulation ...shodhganga.inflibnet.ac.in/bitstream/10603/103878/13/13_appendix.… · local custom and to justice, equity and good

• 247 -

APPENDIX - V

PROCEEDINGS OF A MEETING OF THE ACCREDITED IEADERS OF UJSHAI

POLITICAL PARTIES HEID AT AIJAL ON 14 AUGUST, 1947.'

Chairfcen : Mr. L.L,Peters

(Elected), Iushai Hills.

PFESENT

1, Wiawtinkhuraa

2 , R,Thsnhlira ,B.A.

3 , Vanthuama

4, Pastor Chhuahkhama

5, Brig. Kavdkhuiria(SA)

6, Khuma

7, Lalbuaia

8, Hrangaia

9, Muka

10, Rosima

11, Vanchuanga

12, Qiawighnuaia

13, Phillipa

14, Cfapt,Ngurliana(SA)

15, Pachhunga

16, Vonlav/na

17, Vankhuma

18, Laihnuna

19, Chhunruma

20, Pastor ZairemafB ,Sc,,B ,D ,

21, Rina

22, Zawla

23, Sena

24, Rosema

25, Lalipa

Svperintendent

26, Lalhema

27, Pastor Saiaithanga

28, Pastor liangkhaia

29, Lalbiakthanga,M,A,

30, Lalropuia f

31, Suaka

32, Bningliana

33, Lalana

34, Lianhnuna,B,A.

35, Pasena

36, La Isailova,Chief

37, Lalbuanga,Chief

38, Lalzuala,Chief

39, Lamlira, Chief

40, Kamlova

41, Ch.Ngura, Chief

42, Zami ( Mrs, Khawltin khuma)

43, Kapthluaii

44, Bi akve li (Mrs, Buchhavn a)

45, Lalrongenga,E x-Sub,

46, Thanseia,Ex-Sub.

47, R.Zuala,Ex-Jaraadar

Dahrawka,V,A,S,

49, Kapthianga

50. Saihlira,B.A,

1.* Resoived that owing to the unexpected acceleration of the date of

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248 -

-transfer of power by Hie British Government and as the lushais have

not as yet been definitely informed in details as to what is to be

the proposed future (Institution end form of administration of the

District and as section (7) sub-section(2) of the Indian Independence

Bill does not clarify the situation as it is accordingly thought

that His Excellency the Govejnot of Assam should kindly inform them

in writing as to what these are to be, also whether Lushai are at

this stage allowed the option of joining any other Gamin ion i .e .

Pakistan o r Burma. Resolved further that Superintendent, Lushai Hills

should kindly coamunicate the above request of the Lushais to the

Adviser to His Excellency the Governor of Assam in older to clarify

these points. ;

2 . Itesolbed that i f the Lushais are to enter the Indian Union their

main demands are 1-

(i) that the existing safeguard of their CUstomary Laws and Land

tenure, etc. should be maintained.

(ii) that the Chin Hills Regulation, 1896 and Bengal Eastern

Frontier Regulation, 1873 should be retained until such time as

the Lushais thSlseIves through their District Gbuncil or other

parallel district authority, declared that this can be abrogated.

3. That the Lushais will be allowed to opt out of the Indian Ihion,

when they wish to do so, subject to a minimum period of ton years.

Sd/- L.L, Peters

14-8-47

Superintendent LUSHAI HILLS.

No. 6927- 76 G of 21-8-47

JCbpy forwarded to all the leaders who took part inlhe proceedings.

Sd/- L.L.Peters

Forwarded by: Superintendent,UJSHAI HILLS.

Sd/- SAINGHINGAAsstt.Superintendent,UJSHAI HILLS.

Page 23: APPENDIX- x THE CHIN HILLS REGULATION, 1896*, A Regulation ...shodhganga.inflibnet.ac.in/bitstream/10603/103878/13/13_appendix.… · local custom and to justice, equity and good

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...... APPENDIX-V II... .... ...............

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hlns: m e ”vak k i »jo c iu ; * ; in a s u u ^ k i k ltu k e hi. Me vak k*»i i>fi a*

k m ji I n hii i inu ' m i h in ; : kh f im p in a d i n g :V t a n i f d i n g hi . I(» I’ll a

l iAng m A u* ^ A u i tu i\‘ pi' iv \u\ b l n g tV m u c iA n g I n v u n g t u n g A* u n i ’

Page 25: APPENDIX- x THE CHIN HILLS REGULATION, 1896*, A Regulation ...shodhganga.inflibnet.ac.in/bitstream/10603/103878/13/13_appendix.… · local custom and to justice, equity and good

APPENDIX-VIII

- 253-

UST OF INFORMANTS

SI.No. Name

\

Age Address

i. Chinzakham 81 Chief of Dialkhai

2. Nengzatun 77 ./ New Lamka

3* Khssnkhup 71 New Lamka

4. Singpun 69 New Lamka

5. Daichinpau 70 HalciIn,Chin State

6. Thangtun 60 Haiciin, Chin State

7. Siankhenthang 60 Tedim, Chin StateW

8. Bo.Liantual 57 Tedim, Chin State s

9. Valvum Upa 82 Valvum, Chin State

10. Ngamtual 76 Ngalzang,Manipur

11. Khupnang 80 Vapar,Mizoram

12. Paineikhai 80 Tuibuang,Manipur

13. Amzathang, H.N. 60 Chape1lane, Lamka

14. Gouzanang,T. 60 Songtal,Manipur

15. Zelkam,H, 58 Ifeadquarters Veng, Lamka

16. Gouzakap 87 Tonzang,Chin State

17. Damchinthiau 55 Ttoibuang,Manipur

18. Ginkhanthang 50 New Lamka

19. G.Kamkhollan 70 Chief of Ngalzang,Manipur.

20. Mrs. Niangdim 58 Headquarters Veng,lamka.

21. Thangzagln 56 Selbungip Chin State