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Coll 1/67 'Aden. Changes in administration in the event of separation from India: miscellaneous questions' [‎119r] (237/769)

The record is made up of 1 file (384 folios). It was created in 2 Jun 1936-15 Nov 1937. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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(3)
District and Sessions Judge® xVnong the conditions to which
the urder in council gives imperative effect are those con
tained in section 3(2) and 25 of Regulation VI of 1933, by
virtue of which the sole power of suspending or removing the
Distrist Judge vests in the (iovemor u-eneral in Council,and
overrides the purely prerogative powers of the Secretary
of State and the general power given by section 23 and 24 of
the Order to the (iovernor of Aden in respect of other servants
ol the Crowji of Aden® The concurrence of the Governor
General in Council in removing the first Chief Justice is
thus necessary not only as a matter of administrative
courtesy, but as a legal essential* 1 use the expression
"first Chief Justice”, because, for however brief a time,the
District and Sessions Judge shall under section 15(4) of the
Order become Judge of the Supreme Court®
3» If the substantive District and Sessions Judge is
transferred before April 1st, th§ duty of appointing a
District and Sessions Judge which is cast upon the (Jovernor
General in Council by section 3(2) and 25 of Regulation VI
of 1933, may be met by the temporary appointment of some
other person, but not by action under section 22 and 34 of
Regulation VI of 1933, which do not appear to contemplate
a failure of appointment®
In this connection if Mr. J.T.Lawrence, who i understand
may become Chief Justice, is appointed as District and
3essions Judge, administrative formalities would arise
regarding sanction to his employment by the liovernment of
India since he retired on proportionate pension from the
Indian Civil Service, and regarding his subsequent removal
by the Governor General in Council from the office of
District and Sessions Judge®
4* Regarding my personal views, not only are the general
amenities
. •

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Content

The file contains correspondence, memoranda and reports regarding administrative changes to be made upon the transfer of Aden from the Government of India to the Colonial Office. The file consists primarily of correspondence between: the Aden Chief Commissioner (Bernard Reilly); the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Political Department; the Colonial Office; and the Government of India Home, Foreign and Political, Finance, and Reforms Departments.

The file has been divided into the following bundles:

  • 1. Memoranda, ff 5-73;
  • 2. Flag, ff 74-79;
  • 3. New buildings, ff 80-86;
  • 4. Pension rights of Indian personnel, ff 87-95;
  • 5. Personnel, ff 96-184;
  • 6. Judicial and Revenue Stamps, ff 185-910;
  • 7. Position of Consuls, ff 191-197;
  • 8. Printing Press, ff 198-203;
  • 9. Provident Fund, ff 204-210;
  • 10. Application of international treaties and extradition conventions, motor vehicles (international rules), ff 211-325;
  • 11. Future financial arrangements in regard to salt, income tax, supply of opium etc., ff 326-384.

The bundle titled 'Memoranda' contains a copy of Reilly's 'Note on Fourteen Points connected with the Transfer of Aden from the Government of India to the Colonial Office, discussed at the Foreign Office in 1933', plus a copy of Aden. Question of Transfer. Papers, 1933 (Middle East No. 50), and related correspondence.

The bundle titled 'Personnel' concerns the issue of retaining Indian administrative personnel at Aden following the transfer, on their existing terms of service, for a period of five years. The correspondence also concerns the position of the District and Sessions Judge, which upon transfer would change to become Judge of the Supreme Court of Aden; the appointment of James Taylor Lawrence to the post upon the retirement of G B Constantine is discussed.

The bundle titled 'Provident Fund' concerns the creation of a new General Provident Fund at Aden upon transfer. Reilly proposes that the Government of India transfer over to Aden any monies standing to the credit of Indian service personnel retained permanently; the Government of India propose that the monies should be cancelled out against the value of buildings, civil debt and pecuniary liabilities etc. involved in the transfer.

The bundle titled 'International Treaties' concerns the applicability to Aden, upon transfer, of various international agreements, and discusses the need to formally notify foreign governments of the change. Folios 297-321 include lists of treaties, conventions etc. which applied to both India and Burma, drawn up upon the separation of Burma in 1935. Extradition treaties and international motor agreements are discussed in particular detail.

The bundle titled 'Future Financial Arrangements' contains notes on budget administration, financial management, the issue of the salt tax, income tax, customs arrangements, and the importation and control of opium and other regulated substances. Draft estimates based on the figures of revenue and expenditure for the years 1932-1935 are included at folios 371-383.

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio 2).

Extent and format
1 file (384 folios)
Arrangement

The file has been divided into eleven bundles, according to subject. Within the bundles, materials are arranged in rough chronological order, from the rear to the front.

Physical characteristics

Foliation: The foliation sequence commences at the inside front cover with 1 and terminates at the inside back cover with 384; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. The back of the external cover has not been foliated.

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English in Latin script
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Coll 1/67 'Aden. Changes in administration in the event of separation from India: miscellaneous questions' [‎119r] (237/769), British Library: India Office Records and Private Papers, IOR/L/PS/12/1505, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100032999347.0x000028> [accessed 19 April 2024]

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