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Coll 1/49 'Aden. Administration and control: changes consequent on Indian constitutional reforms; transfer to HMG' [‎81r] (166/968)

The record is made up of 1 volume (480 folios). It was created in 12 Oct 1933-3 Jun 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. .

Transcription

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(i) Section 288 requires inter alia (subsection (4)) that
appellate jurisdiction from Courts in Aden shall be
conferred upon such Court in India as may be specified
in the Order. The draft Order accordingly contains
provisions (paragraph 20) which will substantially
maintain the existing relations between the High
Court at Bombay and the District and Sessions Court
at Aden - now to be converted (paragraph 15 of the
Order) into the Supreme Court of the Colony. This
arrangement implements the undertaking given by
His Majesty’s Government, when the separation of Aden
was decided upon (mid endorsed by the Joint Select
Committee in their Report) that the existing rights
of appeal in judicial cases to the Bombay High Court
would be preserved.
(ii) The Order contains a provision (paragraph 21) which
reproduces mutatis mutandis the provisions of s.298(1)
of the Government of India Act, 1935, with the
addition, however, (page 7, line 6) of the words
"from entering Aden or". The object of this paragraph
is to give effect to a further undertalcing given by
His Majesty’s Government (also endorsed by the Joint
Select Committee) that there shall be no racial
discrimination or segregation.
Further undertakings were given that the transfer would
involve for Aden no additional taxation unless, in the
opinion of His Majesty’s Government, such a course were
absolutely necessary, and that the existing policy of
waking Aden a free port would be maintained. These
undertakings will be implemented by provisions in the
Instructions to the Governor forbidding him to enact
without previous instructions from the Secretary of State
any ordinance which he proposes "imposing import or export
duties or any additional taxation".

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Content

The volume contains papers regarding the transfer of the civil administration of Aden from the Government of India to the Colonial Office, and the preparation of the Aden Colony Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. (1936), and 'Royal Sign Manual and Signet to the Governor and Commander in Chief of the Colony of Aden (1937)'.

The volume is predominantly made up of correspondence between 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, the Aden Chief Commissioner (later Governor) 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. Legal Advisor's Department, and the Secretary of State for India. The volume also contains numerous heavily-annotated drafts of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and the Royal Instructions, plus minutes of meetings held at the Colonial Office, and extracts from the Home Affairs Committee and the Joint Committee on Indian Constitutional Reform. Final drafts can be found at folios 13-20, in addition to copies of Reilly's inauguration speech (folios 25-28).

The correspondence covers a range of topics, including: Indian and Arab sentiment over the transfer; problems of condominion; the importance of Aden to Britain's imperial aims; representations from the Indian and Aden business communities; the maintenance of representation for Aden subjects at the Bombay High Court; Aden's free port status; questions of income tax and salt duty; the wording of the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. and Royal Instructions; and a proposal to list the Kuria Muria Islands as a named dependency of Aden, comparable to Shaikh Othman, Imad and Hiswa, and Perim.

The volume includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the end of the correspondence (folio 4).

Extent and format
1 volume (480 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the volume

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 480; 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 fold-outs on f 147, f 158 and f 159 are A and B items which are attached to the folios in order to add additional information about the document.

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English in Latin script
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Coll 1/49 'Aden. Administration and control: changes consequent on Indian constitutional reforms; transfer to HMG' [‎81r] (166/968), British Library: India Office Records and Private Papers, IOR/L/PS/12/1485, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100038447215.0x0000a7> [accessed 23 April 2024]

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