.hnexes to the Rejoinder of the
Government of India
ANNEX F 312
Annexes to the Rejoinderof the Government of India
Annex F. No. 1.
REPORT OF CAPTAIN JAMES INCHBIRD
Public Department Diary Dwplicate No. 13A of 1740 pages 53 to Go.
Captain
Inchbirds ARRIVEDat Sion on his Return from the &faratta Countrys Captain
Morattarom thJames Inchbird who instantly forwarded the following relations of his
Countrus. Journey to the President.
of hislation Hon'ble Sir,
proceedin=. UPON rny Arriva1 over the Boregauts, 1 learnt that the Bajerow had
taken the field near Nagar, and that Chimnajee Appah had marched
from Poona to Join the Bajerow, in regard to which1 had many various
Reports that 1 thought the most effective way to meet with him of
either of them would be to despatch one of the Horseman with a letter
to Appah to advise him that 1 had urgent Business with him, that 1
should pursue the Road to Poonah, without I met with advise from him
to the contrary, at thesame Time delivered the Messenger your Honrs.
Letter to Chimnajee that it might have the more weight on him for the
Quicker Dispatch of my Negotiation, then pursued rny way to Poonah:
but for Brevity'sSake 1 shall omit what passed at Poonah, and pursue
Chimnajee and Rajerow who 1reached in eleven days from my Departure
from Bombay and opened my Negotiation to them with the utter
most Caution. 1received civil Treatment from them but am riot able
to express their Yride and haughty despisal of the Portuguese and
talked aseven Demaun Choul and also Goa were theirs; however 1 lost ,
no Time to Convince them their good Effects a Peace would be to their
Conquests, on the other hand [illegible] Treasure and blood would cost
to recluce the places offeredthem [illigeble] upon granting the Portuguese
reasonable [illegible] Benifits that would arisc from it both to [illegible]
was Master of in promoting and [illegible] and strong efforts from many
Partys, especially from Vicant Kaw, who would undertake to reduce Goa,
and proposeti them many Terms in fear of Losing that Government, and
produced Letter from Kempsaunt pressing the Bajeraw to vigorously
push on the War against Goa Island, and that he would undertake to
find ways and Means to get their Forces upon that Island, frorn which
they observeci when they have cut off the Root what would become
of the Branches, and that they were determined to reduce Damaun
and Choul the Fortresç being shut up but their Forces were deprived
the Benefrt of the country, and that they was determined as soon as they
could conveniently to invest them both, and promised them selves and
easy Conquest. These seeming Resolutions and the others circurnstances
put me out of al1Hopes to obtain any Thing for them, 'till1discovered
from Chimnajee by his often sending for me (which weIe only bear sus-
picions of mine) that he was inclined to grant them someTerms, believing
he had not forgot the Loss of Blood and Treaçure in Keducing Bassein,
I often observing to him the superior strength of that Place to Bassein,
and the Danger of their refusing these offers of that importantPlace
falling intother hands, and al1that 1 could urge upon that Head. h.1~
first proposals were their Quitting of Goa and all Demands and preten- AKNEXES TO REJOINDER (F NO. 1) 3I3
tions what-soever. Damaun and its Limits; upnn such conditions your
Honr would put Choul into their hands,accepting the artillery andammu-
nition and the Portuguese making to them a perpetual Cession Bassein
with al1 its Dependencys. Those proposa1 they despised with great
Indignation, and was merry upon the offers made them of what they
had already Conquered and were in their possession. As to Choul they
observed it was suppor.ted before from. Damaun, Bassein and Goa being
only a bare Fortress without either Country or Revenues, therefore
despised it, andinsisted upon the Evacuation of Damaun and forty Cent
upon the Revenue of Goa and al1 its Dependencys and three secure
places for the gathering of that Tribute and securing their Contract
which they had lately made with that Port on their suspension of
Arms, by which agreement they now owe thern five Lacks of Rupees
Making slight of Choul and deçpiçing what they proposed, as not being
equivalent to which 1 demanded, from which the most convenient
Opportunity 1 could lay hold on. 1 lowered my demands, but found
little Effect, and could discover the little or no inclination they had to
corne to Terms. 1 Ernployed Ragonaut to the uttermost of rny Power to
discover their real Intentions, he being a man consulted in al1 their
affairs (especially the maritime .and new conquests) and they on the
other hand employing their Agents to discover the uttermost of my
Commission [illegible] these Topicks we continued searching each other ,
minds eight days [illegible] slow marches Inland to raise contributions,
and carrying [illegible] the many Days, assuring me of my Despatches,
we expressing [illegible] other making me a compliment for the trouble
[illegible] slighting1proposals in regard to the Portuguese 'til! at last
1 found it necesçary to let them know the uttermost of my power,
Expressing that no other Interest or conveniency induced your Honr to
this hlediation but a sincere Friendship and value we had for their
Interest: towhich they made a suitable Return, but despise the Propos-
ais, which were they should entireIy quit Goa of al1Tribute and Preten-
tions whatsocver, give up two Preganas for the support of Damaun, and
acceptance of the Forts of Choul and hlorro as a Balance of al1 their
Demands: and in that I persisted till the fourth of Januaatwhich Time
they despised everything and talked of nothing but despatching of me,
and rather raised their Demands than lowered them, and on thesame Day
gave me a Sirpaw and told me they would despatch me, and gave me
their last proposals, which were to keep two places at Goa for the security
of the Tributes of forty Cent, to leave Darnaun bare of any Revenue
whatsoever a free Excise of their religion at Goa upon which terms they
would accept of Choul and grant them Peace. 1discovered their Inten-
tions were to keep both a fore and back door open to enter Goa at their
Pleasure. Findingtheir proposal of no Utility tothe Portuguese persisted
in my Proposals asthe uttermost of my powcr, and discovered notwith-
standing 1 had so often repeated that the artillefy and munitions of
Choul must be withdrawn, that they had reserved that in their Breast,
and gave no answer to it, not so much as taking Notice of it, but were
resolved neither Gun Powder nor Ball should go out of the Place if they
came to an agreement. Thus stood affttirç when 1 hourIy expected tobe
sent for to be dispatched, but discovered they were still in strong Debates
in regard to the Place, as 1 never omitted with al1 the Force I codd
insinuate to them that the Portuguese could dispose of that Place with
great Utility to themselves, and that upon their Iiefusing them any AXNEXES TO REJOINDER (F NO. 1)
3I4
Terms your Honrs. Power as a hlediatcr would end and that you must
in course wash your hands of it, therefore the steps your Honr had taken
1 did not doubt but convinced them that if proceeded from no other
motive but a sincere Regard your Honr had for their Friendship and
Interest, and that in case the Portuguese should despose of that important
Place to other not in their Interest, they must impute any il1consequences
that may ensut: to any il1 Management of ours, but to the contrary
referring them tothe before mentioned convincing Froofs of your Honrs.
sincerity and Friendshiy towards them, which 1 found took such an
effect and wrought upon them so much, that without sending for me
they held ...a Council for one day and a Night, upon Kesult of which
they sent forme, and had a Debate for three or four Hours Part of which
1 heard, and found the Vincent Raw and his Counsellours still kept their
Resolutions in suspense, which Chimnajee Appah took up very srnartly
and spoke very favourably of the [illegible] a good inoffensive use full
people, urhich Induce [illegible] withoubeing gratified in some measure;
from [illegible] Art of them People that they know when [illegible]
taken their Resolutions in private So soon as they bac1concluded 1was
sent for into their Tent of Retirement, and Received compliments in
regard to their Condescensions to your Honrs blediation, and that that
and nothing else induced them to grant the Portuguese follolving Terms
(alsothat your Honr must observe that you must be a Mediator between
the Kempsaunt and the Portuguese as you have been betwixt with thern
and the Portuguese) and desire that your Honr would write to the Kemp-
saunt to send up a proper Person ta Bombay to conclude the same
with them, and at the same another from the Portuguese promising at
the same Time they would lose no opportiinity in sending a proper
person to the Kempsaunt to prompt him atit, observing that Kemp-
saunt at least must not be lessened from their oId standing of articles of
Peace between them two Nations, upon which they will give up al1
Demands upon Goa the five Lack and Tribute of forty Cent upon the
Revenues and of a11Dependencys thereabouts and grant one Pragana
for the Support of the Fortress of Damaun in which Ports and Places
they (the Portuguese) shall live peaceably, and shall enjoythc Fruits of
Peace in them places by Land, they allowing the sarne to the Morttas
by sea, a mutual peace on both sides in a11Respects, upon consideration
of their putting the Forts of Choul and hlorro into their Hands which
they have engaged me to do in Case the Portuguese approved of it,
and that a Peace was concluded on al1 sides, that is, that Goa \vas eva-
cuatec! by them and the Kempsaunt and freed frorn al1 Demands.
The above is the materiall circumstances of rny Negotiation, 1having
had a long and fatiguing March to get at them and many Days March
with them, almost too rnuch for the patience of Nankind to bear and
a hard and expeditious March from them begging your Honrs. Patience
'till tomorrow for further satisfaction, believing that your Honr is
impatient to hear from me, have taken leave to send this to your Honr
by Serjeant Lcvick, being with uttcrmost Respect.-
Hon'ble Sir
Your Honour's
Most obedient
Sion Fort Humble servant.
13th January 1739140. JAMES INCHBIXD. ANNEXES TO REJOINDER (F NO. 1)
3I5
THE article of Peace proposed by the Morattas referred to in the ~~~;~~osed
foregoing Letter .- buMoratta.
ALL Morattas wiIl withdraw al1their Forces now employed in the
District of Goa that the Portuguese rnay possess their former
Boundarys that way in full ,Tranquillity.-
zndly THE Portuguese shall in consequence thereof deliver up to the
Morattas the Fortification ofChoul and other adjacent called
Morro.- .
3rd UNTIL the hlorattas are actually retired from the Parts near
Goa, the Fortress of Choul shall receive an equal Number of
Men appertaining to the English and said Morattas, then the
place shall be left in the Hands of tLatter,with al1the Guns
thereunto belonging.
THE City of Damaun shall remain to the Portuguese and a share
4th of Land appropriated for ils subsistence, but as the Morattas
have erected a new Fortress near the city, it shall stand.
5th THE Portuguese shaI1not in any rnanner molest the Jurisdictions
of Bassein, Damaun, Tannah, Island of Salesett, Bellafloar,
and other Places in Possession of the Morattas, nor will the
Latter in any wise disturb the Territorys of the Portuguese
near Goa.
6th TKAT an accommodation may be fixed between the Kempsaurit
and Portuguese they shall respectively send their People to
treat, butsaid Kempsaunt must enjoy what he was anciently
entitled to, and in Case the Portupiese insist otherwise the
Morattas esteem themselves obliged to favour him.-
7th THE Kernpsaunt shall enjoy the Places called Karzuem and
'Panellem as belonging to him long since, and he exempt from
paying any Tribute to thc Portuguese.-
8th THE Portuguese shall aid the Morattas in their attempts or]
Pondem Lambolly, Panchamall, Sundah and Bednure, ancl
shouId those Places with their Territoryç fa11to the Marattas,
the Portuguese shall not offer to give any Molestation.-
SHOULDthe Morattas attack Sambajee Angria, the English and
9th Portuguese must assist with their F1eets.- .
10th FOR Estabtishing al Points, the Portuguese shall order up their
Secretary or Manager of their Revenues.-
11th THE Gentoos lnhabiting Goa and its Districts shall be allowed
the free exercise of their1igion.-
12th THE Fleets of the Portuguese and Marattas shall not molest each
other. ANNEXES TO REJOINDER (FNO. 2)
316
Annex F.No. 2
Public Department Diary (Dufilicafe)No. 13 A O/ 1740. Pages 64-65.
LETTER OF THE GOVERNO RF BOMBAY TO THE VICEROY OF G0.4
MAY IT PLEASE YOUR EXCELLY.
1 immediately on the Receipt of your Favour of the Giving me full
Powers to treat the Badjerow, 1 deputed Captain James Inchbird to
him for that end, letting theaid Captain into al1 the Particulars your
Excellency had imported to me at the same Time pressing him to adjust
in your Behalf the Conditions best attainable.
The Captain was obliged to follow Badjerow more than one hundred
Leagues, and after frequent hleetings found it impracticable to attain
other Conditionsas a Pian for a peace than are contained in the enclosed
Paper, one part is in the hloratta Language as it came from Rajerow,
and the other transiated by our People here.
'Tis needless Informing your Excellency of the Haughtiness of the
Morattas, who in Discourse with theCaptain frequently expressed their
Kesolution to enter Goa, as then by the Koots being cut off, the Branches
would fa11of course, and nothing but the want of money (which there
was a Prospect of beign soon possessed of) had retarded the execution
of their Design.
Kempçaunt they insisi shall remain on the Terms he formerly enjoyed,
and it is apprehended that Point will not be given up by them, nor
that the Artillery or Ammunition be withdrawn from Chou11or the
[illegible] denied the free Exercise of their Keligion in your Dominion
in and [illegible] Goa.
The 3rd Article as to the manner of Vacating Choul, as well as the
[illegible] toDamaun 'tis presumed may be managed in a way not
disagreeable. [illegible] the hlorattas will insist on Holding their .ew
Fortress erected thereabout. The8th 'tis apprehended may be got over
entireiy by your Excellency's promising to stand neuter in the Efforts
they intend to apply against the Territorys therein noted.
On your Excellency's weighing al1 circumstance you will please to
determine whether to appoint a proper person hither with full Powers
to conclude with the Morattas on the Plans now forwarded, or transmit
me a speedy and final answer for drafting a treaty, asat present we
are at entire Liberty to do either, but 'tis is absolutely necessary.your
Excellency does irnpart to me with speed and clearness your Ultimate
Determinations as 1 am not without apprehensions that by Holding
matter in long suspence, we may be drawn into Disputes with them,
which is what we must avoid as directly contrary to our interest and
Welfare,
Should your Excellency approve of the Treaty, be pleased to transmit
the enclosed Letter Kempsaunt for his sending aproper Person forthwith
or otherwise let the said Letter be returned.
Your Frigate is now at the Choul for conveying hither the Brass
Artillery, which we shall keep here until we know what Issue attends
the Tr~aty prementioned, by whicli your Excellency will perceive Iiow ANNEXES TO REJOINDER (F NOS. 3-4) 3I7
tmly we consult the interest of your state, in preference to any immediate
Interest of our own.
1ought to have noted that in Casethe Morattas Proposals are accepted,
they then will give up the whole Territorys about Goa and excuse the
paying the five lack of Kupees which they Say your state has engaged
to pay.
1 am &ca.
Bombay Castle STEPHEN LAW.
the 16th January 1739140.
Annex F. No. 3
TREATY 01;1760 l
Archives of India,Book No. 2 of Peaces, page Irg.
Treaty of Peace concluded between the Count of Ega, Viceroy and
Captain-General of India, and the Most Happy Balaji Rao Pandit
Pradhan (Nana), executed by the Secretary of State, Belchior Jose Vaz
de Carvalho, and the hon'ble Vistu Naique and Madagi Quensou, by
the necessary pourers conferred on them, dated the 20th Rlarch, 1760.
.. a ......................
Art. XV
"Whereas by the present Treaty of friendship between the Most Happy
and the Majestic State is renewed and ratified, both the powers under-
tcakereci$rocally to jorget com$letelany reasons for discord, hindrance
or previous daims, and the capitulations clashingwith the agreement of
this Treaty shall not have any effect."
Annex F. No. 4
"...1 have received reports that you are sending your fleet to assist
the Illustrious Tulaji Angria, and it is not just that you should send your
Army for the assistance of the said Tulaji Angria, as there is between
me and you good exchange of friendship. The above-mentioned has
committed various disorders, and with a view to obtain a satisfactio~i
.from him, 1have appointed an army, in view ofwhich fact you should
see to it that our friendship increases and on this matter the esteemed
Ganes Trimbak has aIready written to you, owing to which fact you
should no! heL$the above-mentionedAngria..."
Sranstation fromBiker'sCollections of Treaties, Vol. VII, page 143.
Translationfrom Biker'sCollectionof TreatiesVol.VII, p.42. ANNEXES TO REJOINDER (F NOS. 5-7)
Annex F. No. 5
LETTER FROM THE VICEROY,COUNT OF ALVA, TO BALAJI BAJI RAO
PRADHAN DATED THE 4TH JANUARY, 1756
"...The news of the grand friend are always pleasant to me and these
with greater rcason because Tucu Sinai informed to the grand friend al1
the circumstances with contributed tothe matter in which Tulaji Angria
took advantage of the protection ofthe Majestic State and about, the
same 1 did not allow myself to be convinced about his friendship nor
would 1seek to follow any patch which might change the good fnendship
existing between the Majestic State and the grand friend, and even if
this had not meant a good reason, the knowledge of the bad faith of
Tulaji Angria would suffice;..owing to which fact after withdrawing
even this srnall favour which in no way was opposed to the progress of
the grand friend you may be assured that onmy part 1always mairitain
a like desire for our good friendship hoping that it may increaday by
day ..."
Annex F. No. 6
LETTER FROM THE SECRETAR YF STIITE,RELCHIOR JOSE VAZ DE CAR-
VALHO TO BALAJI BAJIRAO PRADHAN, DATED THE 4TH JANUARY,
1756 a
" ... As regards the reports sent to the grand friend by the Commander
who is in the Angria territory, to the effect that the Aiajestic State has
given assistance to the said Angria for the defence of his territories, 1can
assure you that it iinaccurate because even the guard, under Ismail
Khan, allowed to the said Angria was rnerely for the purpose of the
safety of his family with the express instruction not to fight against
the troops of the grand friend or with any other Captain with whom
we were in peace ..."
Annex F. No. 7
"The Count ofEga was succeeded in the Government of India by the
Count of Louza who, however, died in Mozambique. In the Royal In-
structions which hc carried with him on coming to India, bearing the
date of 9th April 1765,the following passages are found, inter alia:
"You shall establish as a basis for al1your plans, and ayour actions
a firm and unshakable intention of preserving what exists,withoutaven
givinga thowghtto anythilzgthat may smack of restoration,andmuch less
conquest...
l Translation froBiker's Collections of Treaties, Vol. 43., p.
Translatiofrom Riker'sCollectioof Treaties, Vol. VII,44.
Translatiofrom P. Pissurlenca"Portuguesesehlaratas VI",page 44. "...You shall however observe tliese instructions with such a dis-
cretion, as never to give the slightest indication, either by words or
actions, that you have received such orders, because otherwise the result
would be opposite and you will bc more easily subjected to provocations.
Iherefore, you shall rather, owing to your aim of preserving the Country,
show outwardly that you are prepared for war, by maintaining the troops
in complete discipline, and the Fortrcsses garrisoned to the extent
permitted by the possibilities available to the State ...
"Amongst them (the neighbouring rulers) the most powerful are the
Marathas, and hence, the ones ~ho shoiild be the object of your most
urgent vigilance, because they are encouraged by the English, and pos-
sess forces rnuch stronger than those of the State, and have excusesto
break O,#,after the Count O#Alva assisted, inconsiderately, the Angria, and
attacked the Citadd of Phonda, gavrisoned by men of the same Nana, in
the war which ke declared on Sunda, breaking the faith, so contrary to my
Royal Orders,as well as doMy Religious Igzt~ntions.".
Annex F. No. 8
"...It being true that the decadence and the"almost complete ruin
of tliat State was caused by ambitions for conquests made by your
predccessors urithout. pondering on the fact that the vastness of the
ciorninions and the multiplicity of the fortresses would divide and con-
sequently weaken the forces which prudenceadvisesshould be maintained
united for upholding respect, without which the State cannot subsist,
as long as the time does not permit carrying out of the steps which
the said Master will necessarily take in due course, without wanting in
justice, with which we must conduct ourselves towards the neighbours,
contiguous to us, and without which no State can subsist and much less
prosper, His Majesty reiterates his directive, more strictly, tci you that
his aim is to maintain always peace with the sarne neighbours; to keep
thern satisfied as faras possible and to seek to extend the trade, and in
no way the dominions of the territory which their legitimate owners
should be allowed to cultivate as long as we obtain a frontier which will
be respected.
''In-another letter which you wrote on the said date of 30th January
enclosing a document entitled 'Mcmorandum of the Negotiations for
which purpose Jacques Phelippe de Landreset is proceeding to the Court
of Punem', His Majesty has approved your plan in the spirit of the said
first instructions with which you left this Court and of thc principles
urhich you have well observed in the above mcntioned manner, that is,
of sceking an alliance of the State with the Maratha or commorily known
as Nana, because it nrill be certainly profitable to maintain it with dl
Translationfrom Biker's Collectioof Treaties,Vol. V11, pages 272to 281.320 ANNEXES TO REJOIBDER (F NOS. 9-10)
caution dictated by prudence, as long as it can be maintained. Towards
this and you should seek al1means which are practicable and decorous.
For this purpose it wouId appear convenient that you should maintain
with the same Nana a personal and close and friendIy correspondence.
"His Majesty has approved entirely the said instructions carried
under the above mentioned title by the said Jacques Phelippe de Lan-
dreset considering it thoughtfully written and in everything conforming
to his RoyalOrder, as long as they are directed towards the maintenance,
mithout any aim of futz~reconquests, notezienof the Island of SaEceteor
any other Northern Terrilory; becausethe said Master ugailz reiterates fo
yozt that he does ?lotwant absolutely any extension in his dominions
but rather and on& in the trade and shifiping towards which leiil1ndue
,,
course lake steps as time permits.. .' . .. . . . . . . . . .
Annex F. No. g
LETTER FROM THE VICEROY, COUNT OF EGA, TO THE SECRIITARY OF
STATE, DATED THE IPTH JANUARY, 1762
[Translation of the parts omitted by the Portuguese Government in the
printed llnnex 16 to its Reply.]
Letter from the Viceroy, Count. of Ega, to the Secretary of State,
dated the 12th January, 1762.
"..The instructions issued by H. hlajesty to me at the time of my
departure for India, ordered me that 1should endeavour to make efforts
for the preservation of peace, promotion of trade, spread of the Gospel,
the good administration of justice, policy with European nationand for
estabIishing good relations with the neighbouring Ch-ieftains, and that
1 should not entertain ideas either of conquests or restorations, as long
as the same hlaster didnot decide otherwise in due course ...
"You tell me in the same letter thH. hlajesty was pleased to approve
the instructions with which 1sent Lt. Col. Jacques Filipe de Landreset
to the Court of Punem finding that those instructions were in accordan.,
with the Royal Order, as long as he went for the yurpose of preservation,
without any other objective of future conquest, not even of the conquest
of the Island of Salcete, or of any other land of the North, because the
said Master does not absolutely desire the extension of the dominions,
but only of commerce and shipping, and you stress in the next paragraphs
the matter which is put down in such specific terms and which relate to
the same end ..."
Annex F, No. IO
REPLY OF THE COUNCIL OF BOMBAY TO THE GOVERNO RF GOA, DATED
THE 18th OCTOBER1,780 l
"To the Honorable Don Frederick William De Souza,Governor and Cap-
tain General of Her Most Faithful hlajesty's Possessions in India at Goa.
"Honorable Sir.-We have now the honour to reply to Your Exceilen-
cy's letter dated the 17th of July received here in the time of the mon-
soon.
' Translatiofrom Biker'Collections of Treaties, Vol. VI82. p. ANNEXES TO REJOINDER (F NO. II)
321
"When the reduction of Salcete was undertaken by the English troops
in the year1774 , e received Ietters of protest from Signor Jose Sanchos
de Rrito, comm'ander of His Most Faithful Majesty's fleet, and from
Your Honourable Predecessor Don Pedro Jose de Camera. Our replies
are no doubt deposited in the public Archives at Goa, and we conceived,
were very sufficicnt; but as Your Excellency has now been pleased to
revive the subject, and in like manner with Your Predecessor advanced
arguments to prove that the right ..(of your nation still continues in
the)l countries conquered by the Mharattas nearly forty-two years ago
protested against this Government for an invasion of that right, and
endeavoured to aIarnius for the safety of the British interests derived
from the national alliance with the Kingdom of Portugal, we are con-
strained to give a more minute reply, lest the public, unacquaintwith
the real circumstances of the case, should put a disadvantageous con-
struction upon our reserve.
"We shouId have wished to confine ourselves to our former answer,
hecauçe we confess wefind a dificulty in treatingseriouslyor with regular
argz~meds a position so co~ztvaryto reason and receivedmaxims as the
existenceof a right of sovereigntyyour nation to territoriesdismembered
irom its dominions almost kalf a century, or that a regaon our part to
s~ch a szcflposedvight shovld prevent the English from carrying the war
into suchpart of theMharatta dominions as tlzeymay findmost convanient
or condzbciveto their success.ThEnglish in their proceedings have been
governed by the plain dictates of reason, and of the laws of natand of
nations. They are engaged in a war with the Mharattas, and for their
own safety and advantage they prosecute it with al1 possible vigour.
They attack-the Mharatta dominions wherever they judge an impression
may be made with most advantage to themselves, or injury to the enemy.
and wben their armies corne before the walls of a fortress where the
Mharatta colours are flying, they are under no necessity to consult
history before the batteries are opened toscover the ancient possessor,
or to deliberate whether any of them may not possible have an intention
again to attempt the conquest at some future period.
"The Portugueseacquiredmost of theiv territoriesin India by conquesf
and forceof arms. In thesamemanner theyweredeprivedof whattheyterm
theProvince of the North, und their rightconsequentlyexfiired on thz same
principle that it originated..."
Annex F. No. II
LETTEK FROM THE SECRETARY OF STATE M, ARTINH OE MELLO E CASTRO,
TO THE GOVERNO OF GOA, DATED THE THMARCH1 ,782a
[Translation of the Govemment of India of certain parts of the photo-
. copy of Annex 16 to the Portuguese Reyly].
"Her Majesty has been shown your letter in wliich you refer to the '
objectionable behaviour of the British nation to the detriment of this
State...
from its PortuguesTranslation.n the original in English and have been suppljed
Translatiofrom Siker's Collections of TreVol.VIII, page96. 3z2 ANNEXES TO REJOINDER (F 50. 12)
"...You also state that a result of these conquests ,von had lodged
a protest to the Council of the said Citof Bombay, which y011f~r -ard
under No. r,to which the said Council replied as under No2, following
which the British launched an attack against the citadofBassein which
finally surrendered to them on 11th December 1781. As a result of this
it goeç tvithousaying that, after having lost the abovementioned cities
and territories of Thana, the Island of Salsette and Bassein, and the
hlaratha being in possession of the same for over thirty or forty years,
when the British made their conqucst, we have no right to blame the said
British for haviîzg done so, and the reply gibynthem to your protest is
based on such solid grounds that they cannot be challenged. l'he only thing
we must jeel more keenly, in the circumstances, is the fact that the State
should have been reduced to such a deplorablePLightthat the only weapons
and forces thatwe resort do should consist of useless protests which only
provoke laughter amidst thoseagainst whom they are direc..."
Annex F. No. 12
LETTER OF VITFIA L.40 GORAKSH P,ORTUCUESE EMISSARY
1st June 1791 l
No. 56
A SUMMARY TRANSLATION OF A LETTEK OF VITHAL RAOGORQU I,RITTEK
IN JIARATHI TO THE SECRETARY OF STATE,SBBAÇTIAN JOSE FERREIRA
BARROCO
Jivaji Visram wrote from Sawantwadi to the Court of Punem to the
effect that the Portuguese hadprepared their fleet and that he believed
that they were proceeding against Vyayadurg, on the excuse of the ship
"Sant'ana" (which had been seized from them by the Marathas).
He also wrote that two envoys to Punem were .proceeding from Goa
under disguise, making it believe thatthey wcre on pilgrimage to the
holy places; these envoys wcre Narayan Rao (Dhume) and Vithal Kao
Gorqui; and that the aim of their journey mas to start negotiations both
'ivitKaghoba Dada, and Savai Madhav Rao. Consequently before our
arriva1 at Punem, the news aboiit our impending journey tothe same
city was already known in that Court through the Bhonsle...
Because Rhonsle imparted the said news to the Court of Punem,
guards were posted at a distance of three leagues from thatcity, and
Narayan Rao and 1 urere interrogated about our intentions. At tlzwe
concealed the letter addressed by the Stato Raghoba and produced the
other one which was addressed to the Ruler of Punem ... The same tzight
we were interviewed, secretly, by iMorobaFadnis who requested us that
we should -leirto Goa asking the Portzigueselo helfi Raghoba and not to
support the group of the Ruler of Punem. However, as we halieen issued
, instructions to negotiate with the most $ower/zcl pavty, we entered into
negotiations with the RuLer of Puvtem, or ratker with Aiana Fad...
lTranslation from "Agenteç da Diplomacia Portuguesa na. India", by P. Pissur:
lencar-"TipografiRangel". Bastora (Goa), 1952. ANNEXES TO REJOINDER (F NO. 13) 323
Finally, it was decided to conclude the Treaty betweenthe Statethed
Peshwa ...We were here /or one yenr. Then 1 became il1 and left the
Court (of Punem) informing that 1 was leaving for Pandharpur ...
Narayan Rao (Dhz~me)iaenton $ost$oning the wegotiationsfor15 years
ofhis stayin Pzdnem, staking believe that iwas he ~vhoarranged the
Treaty, when the fact is that, when 1 left that Court, 1had already
arranged for its settlement under the necessary conditions. What can
he do that1 cannot? The entire siiccess is due tmy Master...
VITHAL RAOGORQUI.
Punem, dated the 1st Jüne 1791
Annex F. Na. 13
LETTER FROM RAGHOE AO LAXMAN APPAJI
[z September 1776.1
To,
Laxman Appaji, Suhur Sabah Sabain Maya va Alaf.
The letter sent by you was received on 13th Rajab. "1 put it to the
General if he realIy meant to ,undertake the Scherne, if not should we
accept the friendship of anotherho would offer it ?The General replied
if there waçany chance of succeeding,we might. At present John Carnac
had arrived from home. He was supreme to al1 other members of the
Council. When General Horny would be dismissed from his post he
would step in. Therefore Sarkar's letter be sent to him. For the present
1 have no work here. Therefore a letter be sent to me to retum to
Huzur." You write thus. This is understood. The General is a friend of
the Sarkar. He shoulcl naturally be happy at the success of the Sarkar's
scheme. As regards your rcturn, though we have opened negotiations
with the Firangi it does not mean that Our policy towards the English
has changed. You should remain there for conducting negotiations.
As soon as fresh orders of the English are received from home ive are
hcre in the vicinity and we will go where invited.e continue to have
perfect confidencein the English.We have made friendship with them
and Ive continue it. Your remaining there will be useful for our designs;
therefore you should not think of coming back. You should stay there.
Further details have been communicated to you by a special messenger
from Balsad. After you receive those papers, speak to the General accord-
ingly.A letter of similar content has been addressed to John Carnac who
has arrived from England. If you return at this time it will create an
impression in the Council that we have abandoned them altogekher.
This will be rather dishonourable. Huving formed alliancewith theFiraqi
we propose to make a move. But his resources are poorhis strength is
inconsiderable, honesty is also lackiWe. were riding thelepltant.flow
.i~nfortunatelywe have taken to a smalEhorse. The reason for this, the
elephant no doubt isresgectableand ~eliable,buon accountoj an znj~ry
No. 178,blarathyancheIthasachiSadhane. Vol.XII, Edited by Rajwade,
page I19.324 ANNEXES TO REJOINDER (F NOS. 14-15)
to the foohe cannot walk. Thereforewe are obliged $0 ride thehorse. ds
soon as the elephanZs ztpon his feet and can wdk,we willngain go back
to thelephant.For the preçent we are carrying on somehow. The GeneraI
offers us 15000 rupees per month which though according to hirn, a
Liberal alIowance,is altogehter inadequate. Therefore it isconvenient
to both that we keep away (from the English) and sustain the army.
We are asking you to remain with the English because it is very useful
to us. There is no other reliable person at Surat. When your stay would
be of no use we will recall y18.Rajab.
Annex F. No.14
(Wad's Peshwa Dairy, Vol. VI, 6age78.)
Sita Sabain Maya Wa Alaf,
Rajab 20.
(16th September 1775)
It has been agreed to return the ship (Sarai) of-Firangee Govekar
which was captured previously by Sarkar. Yashvantrao Sadashiv has
been deputed for that purpose. With his help Sarai may be made to
sail in waters along with its old-equipment, mast, ropes, anchor,
etcetera. Of its equipment which has already been utilised by the
Navy, only part of it, required to makeit sail may be returned. Some
of our ships should accompany it to see that it has landed inGoa port.
The receipt of the same be obtained and forwarded ta Sarkar.-Letter
to the Navy Chief of Vijaydurg. 'Anand Rao Dhulap ...Letter 1.'
Annex F. No. 15
(Wad's Peshwa Diary, Vol. VI, #age78.)
Sita Sabain Maya Wa Alaf,
Safar 18
(18April 1776)
Narayan Vith:il Vakil from Firangee Govekar, represented that a
bote110of Pandurang Shenvi of Davan carried by one Narayan Prasad
to Davan from Goa Ioaded with coconuts and other merchandise,
accompanied by naval ships of Firangee, met with Sarkar's Havy,
was captured and carried away to Vijaydurga by Dhulap. It was
confiscated and further auctioned by Uhulap. The same should be
returned. It has been, therefore, decided to return the said bote110
and its equipment without the goods loaded, consideringthefriendshifi
betweenSarkar and Firangee. This Sanad is, therefore, issued. You have already auctioned the botello and have entered the sale
proceeds in Government account under receipts ...... in al1 Rs. 450.
The said amount should be paid back to the Saukar who purchased
it and botello be obtained from him with its equipment and be returned
to the agent of the Portuguese, after obtaining his receipt. It is not
possible to sail it to Daman, and, therefore, it should be serit to Goa.
Sanad to Anand Rao Dhulap to this effect.".
Annex F. No. 16
LETTER FROM THE GOVERNOR FRANCISCO DA CUNHA A MENEZEÇ TO THE
SECRETARY OF STATE MARTINHO DE MELLO E CASTRO DATED
[ISTH MARCH 1,7871
"..This is how the affaires stand at present, and as the said Narana
Sinai Dumo urasinstrumental in concluding in Punem the negotiations
for rnaking up to the State the losses suffered by the latter owing to
the seizure of the friga'SantaAnl~a' and S. Joaquim'asacompensation
for which we have been given Rs. 63,000 ,esides the 72 villages in
Pragana Nagar Aveli and duties of the Customs, which the State took
over on the ~2nd July, 1785; ,.."
Annex F. No. 17
The Portuguese territory of Daman is situated on the coast of the
Gulf of Cambay at 20.22'latitudeN. and 72.35'longitude east of Green-
wich ...
Itisgeographically divided today in four distincparts:
Pragana Near, Daman-grand or Division of South-Pragana Colana Pavori,
Damao-pequeno or Division of North-Dadra-e Pragana Nagar Aveli.
.........................
Daman. .....................
"In common agreementwith the British Goverfimenta third class road
oi 5 kilometresin length,#romDaman-fiequenoto Vappy, was co?zstructed
in 1868 to link this district witherailway which goes from Bombay to
Baroda". ..... ............ . .
Pragana de Nagar AveEi.This srnallpragana is situated at south-east,
and, as can be seen in the attached map, is completely separated from
the oId Portuguese territory of Daman. The srnalIest distance between
the western limits of villages of Nagar-Aveli andthe fort and town of
Translatiofrom Biker's Collections of Treaties, Vol.223.I, p.
Translatiofrom "A India Portuguesa"by A. Lopes Mendes-agronomist.
member of "Sociedadede Geographia de Lisboa", and Deputy to the "Cortes"-
publisheby order of the "BIinisterio daMabythe "Sociedade de Geographia".
Lisbon. 1886.pag217 etseq.Daman is of 20 kilometres. They are separated by British territories
and the railway of Guzerathi, which, as we rnentioned, goes through
Vapi-a British village near Daman-pequeno. . . . . . . . . .
"By the Treaty signed with the Court of Poona on January 6, 1780
the King Xahu, Lord of people and Treasure of Happiness, ceded to the
Portuguese in pragana of Nagar Avely, situated in the lands of Ram-
nagar of the jurisdiction of Bassein,a certain number of villages, which
would bring the rent of Rs. 12,000 or francs24,000 per year, in orderto
indemnify for somecafitzcreswhich theMarathas had takenin timeof peace.
In the execution of the said Treaty, the Portuguese commissaries took
possession of the said villages in the village of Noroly on JuIO,1783".
, . .........,........, . ,
"~adra wus cedcd ttothe Poriuguese by the order of the Most ~app~
Madoram Pandito Prudana, Lord of Poona and its dominions T he Por-
tuguese took possession of Dadra and the villages of Marcol, Ranadem-
grande, Si15 Saily and -4mbely on July 22, 1785".
Annex F, No. 18
". . . the province of the North which comprises, in distance twenty-
four leagueç, continuously without interrruption of foreign dominion,
many and very fertilelands,divided into various jurisdictions and def-
ended by fortifications, of greater or lesser strength; it was the best
heritage of thesame State, both owing to plentiful quit-rents and reven-
ues which were paid into the treasury ofits factories, and owing to the
moneys which were paid by the vassals of H. Majesty, tenants of the
same lands, through the revenues of which they were ina better position
to attend to his Royal Service, and in al1that body the most important
territory was the Island of Salsete (close to the Citadel of Bassein, on
the South of the latter) both for quality of its lands as well as for the
çecurity which it enjoys in the rivers wliich surround it: however as
the jurisdictions of Bassein, Saybana, Sabajo, Manora, Asserim, Mahim,
,1rapor, and Daman are open lands and bordering with those of the Ma-
invasions which were repeated ofteniu..." thcy were exposed to his
Annex F, No. 19
LETTEK FROM DOMINGO S ASCARENHA TO NAKA~N SINAI DUMO,
dated 26 June, 1783
"... but that 1 had heard from some persons that at the time when
eight thousand rupees. .."y did not yield more than six thousand to
Translation"fronl Portugueçes e AiarathBoletini do InstitutVasco da
Gama, No. 9, 1931,p.26.
* Translationirom Biker'Collections of Treaties, Vol. VIII, p. 108. ASYEXES TO REJOINDER (F NO, 19)
BIKER'S NOTE TO THE LETTER OF GOVERNO RF G0.4,
dated 22 March, 1780 l
"Nagar Aveli belonged in olden timeç to the king of Sarceta or Açsar-
ceta, commonly called by us King Chotia and also King of Ramnagar
and at present Raja of Dramapore or Darampor."
' Translationfrom Biker'sCollectionof TreatiesVol.VIII. p. 139.3~~ ANXEXES TO REJOINDER (F NO. 20)
Annex F. No. 20
Treaty:-Agreement has been made between the Majestic firangi
Estad and Shnmant Peshwa Pant Pradhan that from today both parties
should act in perpetual amity, and never resort to hostilities. Onaccount
of this both parties have given sincere assurances and detailed provisions
(areas under).
Formerly treaties between Hazrat Estad and Shrimant Pant Pradhan
were concluded. Much tirne has elapsed since since then. During the
intervening penod the Sardars and Subahdars of both sideç having
acted contrary to the spirit of the treaty caused a cleavage in friendly
relations. However they were never strained so excessively by 'either of
the Parties as to cause a complete break. Both sides had a feeling of
despair. At that time Dom Jose Pedro da Camara arrived at Goa as
Captain and General Viceroy. He deputed Rajashri Narayan Vithel
Dhume to Rajaçhri Modhau Rao Narayan Pant Pradhan. After a
meeting Shnmant ordered Rajashri Trimbak Vinayak, Sar Subahdar,
that the above Vakil and he conferring together, should remove differ- .
ences and cernent friendly relations. Accordingly both sides drew up an
agreement. Details are as below :
(1) In case the fleet of Hazrat Estad and that of the Shrimant meet
they will inquire of each other in a friendly manner and will extend
reception in a respectful way. The Hazrat Estad should be shown the
honour which other Western Powers extended to it. Article.
(2) In case the fleet of the Shrimant encounter a single ship of Hazrat
Estad it should behave in the same friendIy and respectful manner. In
the same way should the fleet of the Hazrat Estad encounter a single
grab of the Shrimant they should behave as above. Article.
(3) In case fighting Sibars, GaIbats and other small vessels of Hazrat
Estad should encounter the fleet of the Shrimant they should inquire
in a fnendly and respectful manner according to the above agreement.
In the sarne way should fighting Sibars and other small Galbats of the
Shnmant Encounter a big ship or fleetof the Hazrat Estad they should
act in a respectful and friendly rnanner. Article.
(4) In case the fleet or a ship of the Hazrat Estad has plenty of water
and fuel andthe fleet of t.heShrimant be deficient in them and the Sardar
(Commanding Officer) of the fleet should ask of the Sardar of the Hazrat
Estad, he should give (them). In the same manner should the fleet of the
Shrimant have the articles in plenty and should a ship, fleet or small
vesse1 of Hazrat Estad be deficient and should demand them, they be
given. Shouldthefleetof one party have provisions and the fleet ofthe other
be deficient and should ask for them they be given against payment of
price in cash. Article.
(5) In case the fleet of the Shnmant run short of water and fuel and
should seek refuge in a creek in the territoryof Hazrat Estad the Com-
manding Officerof the creek should not fail in providing the articles. On
the contrary, rendering al1 possible aid he should make kindiy enquiries.
In the E?me manner should the fleet of Hazrat Estad or a ship or Sibar
lThis is a revised translatiof thedocument at Indian-4nnex E. Xo. 3. AKNEXES TO REJOINDER (F NO. 20) 329
running short of water and fuel, seek refuge in a creek in the territory
of Shrimant, the officer of the place after making respectful inquiries
should give al1 possible help, provide water and fuel, and should there
be deficiency in provisions the 'same be allowed to be carried against
payment of reasonable price.
(6) In case the fleet of the Shrirnant encounter an enemy and should
a fight occur, if on that occasion the fleet of the Hazrat Estad or a
frigate arrive on the spot thelatter should render al1possibIe assistance
to the former, provided the enemy isnot an ally of the Estad. The fleet
of the Shrimant will act in a reciprocal manner.
(7) In case a grab, Sibar, Pal or merchant-vesse1 after being defeated
seek refuge in a creek in the terntory of Hazrat Estad, it should be made
free of the fear of the enemy. Should the damaged vessel be held up on
account of inclement weather it should be given helpforrepairs involving
even expenditure of money and when ready be respectfully conveyed to
a place of safety. In lke manner should the fleet of the Hazrat Estad
or a ship or Sibar, a fighting vesse1or merchant vessel arrivein the juris-
diction of the Shrimant it should receive sirnilar treatment.
(8) Merchant ships of the territory of Hazrat Estad which enter the
dominions of the sarkar for trading purposeç, shall do so on payment of
fzakat) duties in the usual manner. Thev wiLlnot be harassed. Traders
Sellini their cornmodities shall bipermhted to carry freely foodgrains
and other commodities. Likewise. tr,d---~f-om the dominions of the
Shrimant entering those of the rat Eçtad with their river boats shall
be permitted to sel1in them food grains and other commodities and shall
buy in exchange whatever they want, and paying usual duties in respect
of same. They shall be permitted to return freely without being harassed
by any body. They shall agree to this reciprocally.
(9)Merchant ships from the dominions of both parties sail on the sea.
Should they come across the fleet of either party or any warship or sloop,
they will not be seized on the ground that they have no pss. They will
be allowed to go unmolested after ascertaining the origin of the country.
Ans also, in case, an enemy at sea should seize any merchant craft
belonging to either of the dominions, the navy or a ship from either party
shall, when coming across them, render assistance, setting free the ships
seized, which they shall convoy safely until they ncar their own rivers.
The commanders acting in this manner shali be rewarded.
(IO) In case a merchant from either of the dominions hire a vessel
from a merchant belonging to foreign territory and load it with mer-
chandise and should that vessel be seized by the fleet or warship of
either party, the goods after inquiry will be returned to the person
concerned, and the vessel may be retained by the Captor. In like manner
should a ship from the territory of the Hazrat Estad be hired by a
foreigner and found carrying goods without pass, it will be released after
due inquiry. The merchandise will be dealt with in whatever manner (the
Shrimant) thinks proper. Merchantships from the Shrimant's dominion
will be treated by the Hazrat Estad likewise. In case foreign merchants
possess the Shrimant's but not the Permit of Hazrat Estad they may
be seized. Likewise ships carrying Hazrat Estad permits without the
Shrimant's pas wilIbe liable to seizure.
(r~) The ships of China seas, from the ports of Hazrat Estad sailing
the sea and visiting ports for the purpose of trade, will not be molested33O ANNEXES TO REJOINDER (F NO. 20)
by the fleet of the Shrirnant. They will be given al1possible help as other
merchant ships.
(12) The Hazrat Estad and Shnmant shall direct the officers Subha-
dars and Killedars on the bordering territories of both dominions to
foster friendly relations between the parties and those who will deviate
will be punished.
(13) In case Desai, Mirasdar or any person from the dominion of the
Hazrat Estad escapes and takes refuge in the dominion of the Shrimant
and plans treason such person shall not be allowed to do so and not be
given asylum on the border of the respective dominions.
(14)Neither party shall give assistance to the enemies of the other,
nor shail it help them with provisions or commodities.
(15) In case a slave, male or female, escapes from the dominion
of the Hazrat Estad oficers of the Shrimant shalI not punish them,
but shall send them back under escort with Ietter. Also theHazrat Estad
will not punish slaves escaping from the Shrimant territory but will
restore them to the Shrimant,
(16) In case the Shrirnant requires from the Hazrat Estad ammunition,
cannon, swords or any other military stores and if these are available
with the Hazrat Estad, they shall be supphed to the Shrimant against
payment of its price in cash.
(17)Differences previous to this treaty wiil not be revived.
(18)Both parties will instruct the commanders of their respective
fieets about the treatydirecting them to observe the same. So also both
parties shali instruct Kamavisdars, Subhedars. In case, either party
fails to observe the treaty, the matter will be taken up by the envoys of
the respective Governments. The party which will be found to have
deviated from this agreement shall satisfy the other party by removing
misunderstanding and the person who shall be found guilty will be
punished. There \vil1be no ground for disturbing friendly relations.
(19) When either of the two parties becomes weak, the other shall
not start a quarrel but shall help according to the articles mentioned
above. Neither wiIl commit aggression on the other. Both will behave in
a friendly and sincerernanner.
(20) In case the Hazrat Estad needs troops or infantry for defending
itself against an enemy the Shrimant will send them on payment accord-
ing to convenience.
(21) Accordingly agreement is drawn up. The Hazrat Estad shall
conclude the sarne ceremoniously according to Lis custom and shall seal
and sign it. The Shrimant shall put his seal on this agreement cererno-
niously according to his custom and shall deliver it to the Hazrat Estad
and the Hazrat.Estad shall deliver it to SarkaOn the delivery of these
copies to each other, both parties shall issue instructions to this effect
to the Amaldars, Subhedars of Commanders of the navy of respective
dominions and a notice by the Public crier shdl be circulated in both
dominions so that nobody shall act due to ignorance contrary to this
agreement and there shall be no reason for breach of friendship. This
shall be good for the benefit of both. ANNEXES TO REJOIXDER (F NO. 21) 3.1
~nnex F. No. 21
EIGHYEENT HENTUKY PRATICE IN INDIA RELATING TO SIGNING, SEALING
AND RATIFICATION OF TKBATIES
Extracts froîn "Treaties, Agreements and Engagements between the
HonorableEast India CornPanyand the 1JTativePrinces, Chiefs, and States
in WesterîzIndia ;the Red Sen ;the Persiaa Gzdf Gc. Also between Her
Bïitannic Dhjesty's Government, & Persia, Portz~gnl,and Tvrkey" by
R. HzbglzesThomas-1851. Pages 476, 479,483, 487, 490, 493,509, 512,
jï3, 519, j20,j30,and 536
*
* *
Page 476.
Articles of Agreement settled bTHOMA BYFELÜ and JOHN SPENCER,
Esquires, on the part of the Honorable RICHARD BOURCHIER E,squire,
President and Governor of Bombay in Council, and on behaIf of the
Honorable East lndia Company, with Balajee Bajee Rao (Nana) Pundit
Prudhan, dated the 12th October 1756, or of the Gentoo Style, 17th
Mohurrum 1170.
Page 479-
The foregoing Articles being agrccd toby us, and accepted of,we do,
in confirrnntion tlzereof, a@x to these presents the seal of the Honorable
United English East Iîzdia Conz$a~zy,anddonttest the same with ozjrown
pvoper nomes i?zPoona, the day and year above written.
* * *
Page 483.
Treaty with Rnghoba (Rughoonath Rao Bajee Rao) .-Dated the
6th March r775
Articles of Agreement and Treaty between the Honorable WILLIAM
HORNBYE ,sq. President and Governor, &. Council of Bombay, and
of al1its dependencies, on the part anbehalf of the Honorable United
English East India Company, on the one part, and Rughoonath Rao
Bajee Rao Peshwa, on the other part.-Dated the 6thday of March, in
the year ofour Lord 1775 (or the 3rd day, of the month Mohurrum, and
year of theHijree 1189 ,r the year 1176 Arabic Style).
Page 487.
The foregbing Articles having bcen agreed to bythe Honorable the
President and Council of Bombay, who have empowered me to accept
the same in their behalf, I do, in confirmation tlln@xofthe seal of the
said Honorable Contpany, and sign nzy own pro fie^nanzetlzerinSz~at,
the day and year above written ; and 1 do engato firoclirea ratification
of thzs Treaty, under the seal of the Honorable Company, andunder the
hands and seals of the Hon'ble the President and Council of Bombay,
within thirty days from tizis date.
Dated 6th March, 1775. (Signed) ROBERTGAMBÏER.332 - ANNEXES TO REJOINDER (F NO. 21)
TVe,the President and Cozincil of Bombay aforesaid, hnving empowered
MY. Robert Gambier to execute a Trenty with Rwghoonath Ra0 Bajee Rao
Peshaa, in our belzalf,on accoztntof the Honorable Company, of the fore-
going tenor, which he has accordingly done, of the date above-mentioned,
and the same having beensigned to, ratified, and confirmed, by Rughoonath
Rao Bnjee Rao Peshwa; and whereas, by the EastArticle, it is covenanted
and agreed, that a ratification of the said 7reaty shall be trnnsmitted by
us, ~tnderthe seaofthe HonorableCompany, and under our profier hands
aîad seals, within one month from the above date; these therefore are to
certijy, thnt we herebyralify and confirm the foregoing Treaty, in al1and
every part.172testimony wheveof,we houe causeclthe seul oj the aforesaid
Hon'ble Company to be herez~ntoa@xed, and do now sign the same with
our hands, and afix ozkrproper sealsthereto,this 16th day oj ilfinthe
yeav of our Lord1775
* * *
Page 490.
Treaty between the Honorable the English East India Company and
the iMurathaStafe, dated the 1st March1776.
Page 493.
Article XVIII.
A copy of this Treaty, under the seal of Colonel Upton, shall remain
with the hlinisters of the hluratha Government, and a copy shall be
sent to Calcutta, toe signed and sealed by the Honorable the Governor
GeneraI and Mernbers of the Supreme Council of Fort William, and
afterwards given to the Peshwa.
Dated the 1st March1776. (Signed)J. UPTON.
The signature ofBALAJEEPUNDIT.
The signatuve ofSUKHARAM PUNDIT.
* *
Page 509.
Treaty of Alliance between the Company, the Peshwa, and the Nizam
against Tippoo Sultan, 1790.
Treaty of offensive and defensive alliance between the Honorable
United English East India Company, the Peshwa, Suvaee Madhow Rao
Narayun Pundit Prudhan Bahadoor, and the Nuwab Nizam Aly Khan
Asif Ja Bahadoor, against Futteh Aly Khan, known by the denom-
ination of Tippoo Sultan; settled by MrCHARLEW SARREMALET ,n the
part of the said Honorable Company, with the said Pundit Prudhan,
by virtue of the powers delegated to hiby the Right Honorable Charles
Earl Cornwallis, K.G., Governor General in Council, appointed by the
Honorable the Court of Directorsof the said Honorable Company to
direct and control al1their affairs in the East Indies.
..........................
Page 512.
ArticleXIV.
This Treaty, consisting of fourteen Articles, being thisday settled
and concluded by hlr. Malet, with the Peshwa, Suvaee Madhow RaoNarayun Pundit Prudhan Rahadoor, hlr. Malet has delivered to the
Pundit Prudhan one copy of the same in English and Persian, signed
and sealed by himself; and thePundit Prudhan has deliveredtoMr.Malet
another copy, in Murathee and Persian, executed by himself; and il.Pr.
~lfalethas engagedtu procureand deliveto thePz~nditPrtidhan, insevefzty-
fiuedays, a ratificopy /rom theGovernorGenernl,on the deliveryof 7oizich,
the Treaty execaiiedby LVf. aief shollberetztrned.
Poona, 1st June 1790.
(Signed) C. W. MALET, The Company's
Resident. Seal.
Rntified by the Gover~zorenernlin Cozcncil,atFort William inBeîzgal,
thejth day of July 1790.
(Signed) CORNWALLIS. L.S.
,, CHARLES STUART.
,, PETER SPEKE.
***
Page 513.
Treaty with the Peskwa, commonly called "The Treaty ofBassein,"
dated the 3rst Decernber 1802.
Page 519.
Signed, sealed, and exchanged at Bassein, the 31st December A.D
1802 (or the jth of Rumzan, Anno Hijree 1217).
(Signed) BARRYCLOSE, .
Resident atthe Court of the Peshwa.
TlzeSeaE ojPzindit
Prztdlznn.
The Peskwa's Sigqzature.
Page 520.
Signed, senled,and exchaîzgednt Bassein, the-31stof DecembeA .D.1802
(or the 5tRtimzan, A.H. 1217).
The seal of Rao Pztndit
Prwdhatz. The Peskwa's Signatlire.
(True copy.)
(Signed) BARRYCLOSE,
Resident at the Court ofthe Peshwa.
~~EMORANDUM.-T~~ Treaty waç ratified by the Governor General in
Council on the 11th February 1803.334 AKNEXES TO REJOINDER (F NO. SI)
Page 530.
Treaty between the Honorable East India Company and His High-
nessBajee Rao Rughoonath Rao Pundit Prudhan, his heirsand succes-
sors, concludedatPoona, on the 13th ofJune 1817, bythe Honorable
hl. ELPHINSTON E, the parof the Honorable Company, and by hlo~o
DIX~T and BALAJEE LUXOOMAoN n,the part of thRAOPUNDIT PRUD-
HAN, by virtue of full powerfrom theirrespective Governments.
Page 536.
Peshwa'sSeal
Peshwa'ssignature.
(Signed) HASTINGS.
N. B. EDMONSTONE.
A. SETON.
G. DO\VDESWELE.
This Treaty was ratified bythe Govemor General in Council, this
fifty day of July, one thousand eight hundred seventeen, at Fort William
in Bengal. .
(Signed) J. ADAM,
Acting,Chief Secretary to Government.
TRANSLATIO FNOM BIKER'S "SUPPLEMEN TOTHE COLLECTIO OF
TREATIES" V,OL.,Y,NATIONA PRESS,LISBON-1873, PAGE 320
Treaty ofPeacebetweenthe ViceroyandCaptainGeneralofIndia, Francisco
Jose desampaio e Cast~and Baji RaoPandit Pradhan. 9thJanuary, 1722.
His Excellency the Viceroand Baji Rao Pandit Pradhan undertake
toobserve and fulfil, each of them on his own part, al1 the clauses of
Peace which have been agreed upon, etc. Field of Alibagh, dated the
9thJanuary 1722.1 signon at~fhorityconfe~~on me by His Excellency
the Viceroy,Antonio Cardim Fraes.Seal and sign of Baji Rao.
"And the same is consideredas havingbeen agreed with the British
nation, as the ally of the Portuguese, atdthe end of eighdays the
General of Bombay shall send sornebody to sign what has been stated,
the copy of which has been handed over to Knight Robert Cowan,
with thestamp of the Pradhan Baji Kao,by the ship "Nossa Senhora
da Piedade", on12th January 1722. ASKEXES TO REJOINDER (F NO. 22)
Annex F. No. 22
(Historie FaafiersRelatin tgMahadji Sindia ,dited byG. S. Sardesai.
1937.at page 43.)
No. 54 SHRI 17 Novernber 1779.
Sadashiv Dinkar presents compliments. The news from here upto
SthZilkadis allright. A letter sent with a came1rwasreceived by me.
It contained your orders as follows:
Copy ofthe treaty with the Firangi has been sent to Patil Baba.
rlrefily itmzcstbereceivedeady toncgofiatwiththe envoyoftheFirangi.
Tlierefore reply of the PatiE Baba be sent earl(1 am to say) in this
connection that the packet was delivered by the Came1 rider to Baba.
Tts repiy with memorandum of the treaty was given and the same
has been despztched to your honour. It should reach you.
No. 55 SHRI (17 November 1779)
Received g Zilkad Samanin.
To, Rajashri Balajipant Nana.
After compliments 1 am in receipt of the letter despatched by you.
Narayan Rao, Vakil of the Govekar (Firangi of Goa) is at this Court.
A Treaty iç being negotiated for the last tm70,three years. In respect
ofthis, a treaty drawn by the Firangi was sent here; of this a copy is
'sent to you. This may be scrutinised (by you). This was understood
(by me). I also understood the gist of the talk with the envoy. There was
a talk with you atthe time of your departure. Therefore this intimation
to you. Four days' promise has been made tom. You have written that
a reply be sent earlyAl1 this is understood. Whatever has been decided
by drawing a treaty between the Firangi and the Sarkar, accordi?zgly
yoz~shoztld ~zegotiatewith the envoy. Rlemoranda in respect of thc treaty
1ial.e been sent back. D~spatched 8 Zilkad. ANNEXES TO REJOINDER (FXO. 23)
336
AnnexF. No. 23
PORTUGUE OFFICIAL TEXT OF4TMAY 1779C.ONTAINI NHE ,,TREATY"
IN PORTUGUES AND MARATH LSNGUAGES, UNDER THE SIGNATURE AND
SEAL OF CAMARA, THE PORTUGUES VEICEROYAT GOA
Facsimilecopy of the document in ArqzdovEstado daIndia.Pazes e
Tratado No. 3-Ano de I75jfols.277-284. With Englishtranslation
made by GoverlrmentoIndia giveon theoppositpage.(Arch. da India, livro2" de pazes,fol. 277.)
P.' Treaty of agreement made by His Excellency the Governor and
Captain General of India, Dom Jose Pedro da Camara, on behalf of the
Majestic State, with the Most Happy Madou Rau Naraen Pandit Pradan.
Naraen Vital Dumo was sent to the latter and, having conferred upon
matters relating to friendship, made the. agreement between the same
Majestic State and the said Grand PanditPradan in following manner:-
M.2 His Excellency the Governor and Captain General of India,
Dom Jose Pedro Da Camara, on behalf of Hazrat Estad despatched
Narayan Vithal Dhume to the presence of Rajeshri Madhav Rao Pandit
Pradhan. After friendly discussions a treaty was concluded between the
Firangee State and the Pandit Pradhan. The articles are detailed below:
1
P. Should the fleet of the State and that of Pandit Pradan meef at
sea, or should single ships encounter each other, or a ship ofone party
1 P. indicates English translation fthc Portuguese text.
2 JI.indicates English Translatifrom the Marathitext.* %
8 . .* . , , , . * @ P . L- . 80
i.' - e *, #<+
fw a --< r, - m . Z. aJ"
r3 * a.qi. , . "6-b; r P ' . 8,- $pr + *+p ,+,r 9 *,Cs .&,- *$ ....&4
*, r+, . m . . # . : . / $ # ir?.*'+r- +
. ' $C " + ."meet the entire fleet of the other, they shallproceed amicably upon their
way.
-
RI. When the fleet of the Firangee State meets the fleet of the Sarkar
or even a single ship at sca, or one ship of one party were to meet the
fleet of the other, they will behave in a friendly rnanner.
2
P. Should the fleet of the State and that of Pandit Pradan meet at
sea, one fleet being in want of ivood and water, and the other abundantly
provided therewith, they shall provide the other fleet therewith. And in
the same way should one fleetbe in want of provisions and the other have
abundance thereof, they shall give them of their provisions, receiving
thc price thereof in current rupees; and so they shall act reciprocally.
M. When the fleet of the Firangee State meets the fieet of the Pandit
Pradhan on its way and one side is short of wood or fuel the other side
ivill give them to the former if it has sufficient to spare; and if provisions
are short in the fleet of one pariy and the other has more than it needs,
it should give them on payment of cash. Both will act accordingl~,~ J
P. The shipsof Chinese parts and from the ports of the State which
navigatc the sea for commerce putting into any port laden with mer-
chandise, to buy and sell, shall not be impeded by the fIeet of Pandit
Pradan, nor shall the State impede the ships from the ports of Pandit
Pradan, nhich may trade in those of China.
3
M. Vessels from ports of the Firangee State in China territory laden
with merchandise sail on the sea for trading at various ports. The fieet
of the Pandit Pradhan will not obstruct them. Nor will the vessels
from the ports of the Pandit Pradhan going to China ports for trading
be obstructcd by the Firangee State.
4
P. The male and female slaves from the dominions ofthe State who
rnay fly tothe lands of Pandit Pradan, shaIl be restored. And this shall
be reciprocally practised. 4
M. Fernale slaves andmale slaves escaping from the Dominion ofthe
Firangee State into the territory of the Sarkar ïvillbc delivered up.
Both to act accordingly.
5
P. Thc differences which existed before this treaty shall be recipro-
cally forgotten.
5
A. Disputes prior to the present treaty will not be revived.
6
P. This treaty being concluded, should there stilbe any motive of
jealousy and discord the matter shall first be treated through the Attor-
ney, and both parties shall reciprocally act with al1sincerity.
6
M. A bilateral treaty has been now concluded. Should there arise
between the two parties anything contrary toit, after canyingon nego-
tiations through the Vakil, both sides should act in strict accordance
with it. 7
P. l'lie vesscIs, parangues, and boats, for trading, which corne from
the dominions of the State to those of Pandit Pradan with merchandise
for commcsrce, may do so on paying duty in the manner practised from
ancient tirnes, without vexation from anyone. The merchants having
sold their merchandise, may freely take with them vegetables, and other
produce. In the same way the merchants from the dominions of Pandit
Pradan, entering those of the State with their boats and parangues, will
sel1 their vegetables and other merchandises and buy what they like
in exchange, paying duty thereon according to the ancient custom es-
tablished from the beginning and may withdraw freely without suffering
oppression from any person whatever. And this shall be reciprocally
observed.
7
M. Merchant ships of various types-Tarandis, Padgis, or Batelas-
from the Dominion of the Firangee State will visit the Dominion of the
Pandit Pradhan carrying merchandise. They wiLl engage in trading,
paying customs duties according to usage and will not suffer molestation
from ,mybody. Merchants will seii their merchandise and purchase
provisions and other articlesand carry them safely. Similarly rnerchantvessels from the Dominion of the Pandit Pradhan-Batelas, Padgis-
articles and buy in exchange produce fromthere. After paying customaryher
Zakat they will sail in safety. They wiii receive no molestation from
anybody. This is agreed to by both parties.
8
P. The trading vessels of both the dominions going to any port,
meeting the fleets of either party, or any ships or vessels of war, shall
not be taken upon the pretext that they have not sage-conducts but
shallbe allowed free passage. And should the enemy take trading vessels
from the dominions of either party, at sea, the fleets, or even a vessel
of either side, which shailmeet them in the power of the enemy, shall
go to their assistance and liberate them, and convoy them in safety
to the vicinity of their own rivers. And the commanders who shall so
act shall be rewarded by their superiors.
8
M. Merchant vesseIsof both Dominions sail on the sea to visit what-
soever State. If they came across the fleetof either party or a man-of-
war or a sibad they should not be seized on the ground of not carrying
permits. They should be allowed to proceed in safety. If a merchant vessel
belonging to either State happens to be carried away by the enemy at
24sea and should it corne across the fleet or a single shiof either party it
should be given help and ifthere is sufficient force, rescued and escorted
to the nearest creek. Action taken as above by commander of a ship
wilIbe rewarded by his master.
9
P. The fleet of Pandit Pradan having encountered the enemy's fleet
and being engaged with it,and the fleet and frigates of the State coming
up aithat time, the latter shall give them aid and succour, ifthe said
enemy be not an ally of the said State. The fleet ofPandit Pradan shall
act in the same manner. This shall be arranged reciprocally.
9
1. If the fleet the Firangee State or its frigates arrive atthe time
when the fleet of the Pandit Pradhan is engaged by the enerny, they will
give provisions and render whatever helpis possible provided the enemy
be not an ally of the Firangee State. The fleet of the Pandit Pradhan will
do accordingly. This isagreed to by both parties. IO
P. This treaty between the State and Pandit Pradan shall be made
known in particular to the Governors upon the confines and others, and
to the commanders of the fleets, with orders to take the necessary pre-
cautions. The same shall be ordered by Pandit Pradhaii to the Governors,
FIeet, and the Marathas of his dominions. And in case the Governors
concerned and Marathas should fail in its execution, they shall arrange
matters by their intervention. And this shall be observed on both sides.
IO
M. Instructions in pursuance of the treaty between the Firangee
State and the Pandit Pradhan will be issued to frontier officers and the
navy. The Pandit Pradhan will likewise instruct his officers, navy and
Marathas (Maratha Chiefs). In case the Mamlatdars and Saranjamdars
act in variance thereof they should be ordered to carry it out. Both
parties to act accordingly.
II
P. Military men and high officers and other people from the domin-
ions of the State taking refuge inthose:of Pandit Pradan, and continuingtheir plots and conspiracies in the said lands of the State, shall nbe
allowed to take refuge and conspire there, not shall the said traitors
be permitted to live especially uponthe confines of its dominions. In the
sarne way, military men and hi h officers othe household, high or low,
or others of the dominions of dandit Pradan taking refuge in those of
the State, and continuing their plots and conspiracies in the said lands
of Pandit Pradan, shallnol be allowed to take refuge and conspire there,
nor shall the said traitors be permitted to live especialupgn the con-
fines of his dominions.And this shalbe observed reciprocally.
II
M. Ancient respectable land-holders and other from the Dominion
of the Firangee State escaping into the Dominion of the Pandit Pradhan
and creating disturbances and fomenting treason in the territory ofthe
Firangee State will notbe given asylum; neither will they be allowed to
foment treason nor to stay on the border of each other's Dominions.
Similarly seniors and juniors from land-holders of respectable families
from the ,Dominion of Pandit Pradhan escaping and creating disturb-
ances and fomenting treason in the Sarkar's territory should not be
given asylum; neither will theybe allowed to foment treason nor to stay
on the border of each other's Dominion. Both parties to act accordingly. 12
P. The enernieç of the tat teall not be çuccoured by Pandit Pradan,
or supplied with provisions or any sort of produce. Neither shaI1 the
State give succour, or anything else, to the enemies of Pandit Pradan.
12
hl. The Pandit Pradhan will not render assistance to the encmy of
the Firangee State and will not provide him with supplies and other
commodities. The Firangee State likewise will not aid the enemy of the
Pandit Pradhan.
13
P. When one of the two parties shall be weaker or stronger than the
other, the strongest shal1 not contend against the other upon alleged
pretexts, but both shall correspond with sincere friendship, in conformity
with the agreement. 13
A,$. Should either of the parties become weaker the other wilI not
starta quarrel on some pretext of other, but wiiIact in friendship accord-
ing to the agreement.
l4
P. Portuguese soldiers and other people of the State flying to the
lands of Pandit Pradan shall not be allowed to remain there nor sheltered
but shall be forced to return for thepurpose of being surrendered. In the
same way sepoys and others, flying from the dominions ofPandit Pradan
to those of the State,they shall not be allowed toremain there, and with-
out being given shelter, shall be forced to return.
1. Firangees and other people from the Firangee State escaping into
the Dominion of the Pandit Pradhan should not be entertained nor be
given asylum. They should be delivered over. Likewise soldiers escaping
from the Pandit Pradhan's Dominion into the Dominion of the Firangee
State should ~iot be entertained nor be given açylum. They should be
delivered over. 15
P. Henceforward the State shall not build any fortifications in any
of the dominions of Gujrat, Saut, Cantevad, Sorat, and other places
belonging to Pandit Pradan, and shall allow free entryinto itsdependen-
cies through the ancient ports which the State now possesses.
=5
M. The Firangee State wiIl not establish in future posts in any place
of the Dominion of Pandit Pradhan such asGrijarat, Sawant's territory,
Kathiawad and Sorat. There shall be amadraft from the ports he already
has from the beginning.
16
P. The trading vessels from the dominions of the State, reputed lost,
and wrecks coming açhorein the ports of Pandit Pradan, the said vessels
with their cargoes of merchandise shall be restored. And in case they
should put into port for fear of any enemy they shall not be interfered
with and this shall be observed reciprocally. I6
M. Merchant vessels from the Firangee State wrecked and cast 111
the ports of the Pandit Pradhan will be returned with cargo. If out of
fear of the enemy they take shelter in a port they shall not be molested.
Both parties will act accordingly.
'7
P. As the Majestic State has evinced the greatest friendship towards
this Pandit Pradan, as proved by the Attorney, Pandit Pradan has
agreed to make a contribution in Daman of 12,000 rupees starting from
this year through his Daman jurisdiction by virtue of which he shall
specifically give to the State the Sanad or the confirmatory order of
the villages. 17
M. The Firangee State entertains fnendly sentiments towards the
Pandit Pradhan; the envoy conveyed assurances. Therefore it is agreed
that the Pandit Pradhan should assign towards Daman from the current
year a Jagirof the revenue of twelve thousand rupees in Prant Daman.
Accordingly a sanad listing the villagesbe given to the Firangee State
by making a separate agreement.
P. Inthe pastits frigate waç restorcd tothe Stateand for its approx-
imate effects Pandit Pradan promised the State the following sum in
rupees:-
Net in one year ................... 66454
Teak wood for the ordinary fitting of the said frigate, to be
transported in one year from Basaim to Daman, of,the
value of ..................... 3000
Total ....... 69454
In accordance with the above agreement Pandit Pradan shall gve
the State what is stipulated. Goa, 4th May, 1779. M. A fngate belonging to the Firangee Statewas returned previously;
for equipage on the same the Pandit Pradhan agreed forrnerly to give
as under.:-
Rs. 66454-in cash lvithin a year.
Rs. 3000-in Teakwood to be sent from Bassein to Daman for losç
of miscellaneauç equipage.
Rs. 69454- within a year.
Accordingly as agreed the Pandit Pradhan will cotnpensate. the
Firangee State. Written at Goa, 4th May, 1779, 16Rabilakhar, Suhur
1x79
(Signed) Dom Jose Pedro DA CA~IARA.. ANNEXES TO REJOIXDER (F XO. 24)
Annex 1;. No.24
(The Hislory of India, the Hindu and MolzamedanPeriods, by the Non.
Mountstuart El#hinstone, with notesand additiob nyE. B. Cowell, M.A.,
latt. PrincifiaEof Sanskrit Coliege,Calcutta, 9th Edition, London, 1916,
$p. 80-82)
It has been mentioned that the king can alienate his share in a village.
In like manner he often alienates large portions of territory, including
numerous villages as well as tracts of unappropriated waste. But in
al1 these cases it is only his own rights that he makes over: those of
the village landholders and permanent tenants (where such exist), of
district and village officers, and of perçons holding by previous grants
from himseIf or his predecessors, remaining unaffected by the transfer. l
These grants are made for the payment of troops and civil officers, for
the support of temples, the maintenance of holy men, or for rewards of
pubIic service. Lands given for the two first purpoçes are called Jagirs. *
This mode of remunerating the services of certain officers, and of pro-
viding for holy men, is as old as Menu. When it came to be applied to
troops is uncertain. Itwas in use in Bayanagar, and other States of the
south of India, when they were overturned by the Mussulmans; but the
more perfect forrn in which it is now found among the Marattas is
probably of modern date. Such grants originate in the convenience of
giving an assignment on a district near the station of the troops, instead
of an order on the general treasury; a mode of transfer particularly
adapted to a country where the revenue is paid in kind.
These assignments at first were for specific sums equal to the pay due:
but when theyhad long been continued, and were largeenough to swallorv
up the whole revenue of a district, it was natural to simplify the arrange-
ment, by transferring tlie collection to the chief of the rnilitary body.
This was done with every precaution to prevent the chiefs appropriating
more than the pay of the troops, or exercising any power not usually
vested in other collectors. The sjrstem adopted by thc hlarattas giveç
a full illustration of the means resorted to for this purpose.
According to their plan, the number and description of troops to be
maintained by each chief was described; the pay of each division care-
fully calculated ; allowances made for officers, sometimes even to the
extent of naming individuals; a sum was allotted for the persona1 ex-
penses of the chief hirnself; and every particular regarding the terms of
service, the mode of mustcring, and other arrangements, was laid clown.
A portion of territory was then selected, of which the share belonging
to the government should be sufficient, after deducting the expenses of
collection and othcr cliarges, to supply the amount which had been shown
Want of advertence to this circumstance has led to mistakes regardingthe
propcrty in the soil. The native expression king "to grant a village,'' or "a district,"
ithas been inferred that the grant implithe whole, and excluded tlic notion of
any other proprietors.
"Jagir,which is a I'crsian word in its origin, is applicd to langiven by
government for persona1 supportor as a fief for the maintenance of troopsther
serviceof the state. Some service is inipinthe personalas well as the military,
Jagir."-(Col. Sykes on Land Tenures in the Dekkan, Jour L4.S. 1835.)-ED. ANNEXES TO REJOINDER (F NO. 25) 369
to be requisite; and the whole territory yielding that amount was made
over to the chief. The chief was now placed in the situation of the gov-
ernor of a revenue division, and exercised althe other functions which
are now united in the holder of that office.
The power to interfere for the protection of subordinate rights was,
however, retained by the government, as well as a claim to any revenue
which the tract assigned might yield beyond the amount for which it was
grantcd. Those stipulations were enforced by the appointment of two
ormore civil officersdirectly from the government, to inspectthe whole
of the chief's proceedings, as well in managing his troops ashis lands.
Notwithstanding al1 these precautions, the usual consequences of
such grants didnot fail'to appear. The landhad from the first a tendency
to become hereditary; and the control of the government always grew
weaker in proportion to the time that had eiapsed from the first assign-
ment. The original principle of thc grant, however, was never lost sight
of, and the necessity of observing its conditions was never denied.
Annex F. No. 25
(Alienatiolz Ofice Records, DeccaftCommissioners Maraihi Records Rumal
No. 165).
Seal of the Company.
15th December, ISIS.
Shri
A proclamation of the Honourable Company's Sarkar Suhur Tisa
Ashara Maya Tain Wa Alaf. This proclamation is being written for the
information of al1 Jahagirdars and Saranjamdars that the Sardars,
Shiledars, and Mutsaddis and Sipais etc.,were holding Talukas, Villages,
lands and allowances, etc. since ancient times and from the Peshwa
Sarkar for the maintenance of troops and persona1 dignity, in lieu of
services or without any service, and that it has now been ordered by
the Sarkar that their claims (to their holdings) be scrutinised and arrange-
ment be made for their persona1 expenses. This may be made known
to ail concerned. Those who were in possession of Saranjam and Jahagir
in 1807-1808 and till the end of the War continued to hold them, for
whatsoever purpose, should bring to Poona their documents of evidence
sanads and yadis of agreements etc., and within one month should
produce their evidence regarding whatever they were holding and also
svhatever was resumed previously. Assignments will be made for their
maintenance on ascertaining their claims. Those who would give false
statements, would be considered as untrustworthy and will not get
anything. Those who would not present themselves within a period of
one month, their Yadis will not be scrutinised andwill not get anything.
Dated 15th Decernber, 1818, Safar order of Elphinstone Saheb. Annex F. No. 26
(Accom$animent to GovernmentResoLutionNo. 2674, dated the 5th May,
1898.)
RULES
In exercise of powers referred to in RuleIO of Schedule B of Act XI
of 1852 and of the second subclause to clause 3 of Section 2of Bombay
Act VI1 of 1863, His Excellency the Governor in Council is pleased to
issue the following rules for the purpose of deterrnining the terms to
which the continuance of Jaghirs and Saranjams and other allienations
of a political nature shall be subject :-
I. Saranjams shall be ordinarily continued in accordance with
the decision already passed or which rnay hereafter be passed by
Provincial Government in each case.
2. A Saranjam which has been decided to be hereditarily contin-
uable shall ordinarily descend to the eldest lineal male representa-
tive,inthe order of primogeniture, of the senior b~anch of the family
descended from the first British grantee or any of his brothers who
were undivided in interest. But Provincial Government reserve to
themselves their right for sufficient reason to direct the continuance
of the Saranjam to any other member of the said family, or, as an
act of grace, to a person adoptedinto the said family with the sanct-
ion of Provincial Government. When a Saranjam is thus continued
to an adopted son, he shall be liable to pay to Provisional Govern-
ment a Nazarana not exceeding one year's value of the Saranjam,
and it shall be levied from him in such instalments asGovernment
may in each case direct.
3..In the case of Saranjams which have been decided to be
continuable for two generations with a pension to the third, the
~ldest surviving son shall be considered to represent a generation,
and the entire Saranjam shall descend to hirn when he represents
Bthe second generation from the first Britishrantee, and a pension
when he represents the third. But if theelder son or sons othe first
British grantee have did before their father, but leave sons, the
grandson who ranks first in order of primogeniture shall, on his
grand iather's death, be regarded as the second generation, and
the entire Saranjam shall be continued to him, no pension being
granted to the next generation.
4. Proposed orders regarding succession of Saranjams in accord-
ance with the above rules, must as they constitute a technical
regrant of the Saranjam be submitted, in al1cases, for the sanction
of Provisional Government.
5. EverySaranjam shall be held as a lifeestate. It shallbe formally
resumed on the death of the holder, and in cases in which it is
capable of further continuance it shall be be made over tothe next
holder as a fresh grant from Provisional Government,unencumbered
by any debts or charges Save such as may be specially imposed by
Provisional Government itself. 5 A.-In cases in wkich there is no suitable person tu whom a
regrant can immediatel be made or in which an immediate regrant
would be injunousto t 1e interests'of the estate, the Saranjam may
be attached and placed under Government management for such
period as Provisional Government rnay consider necessary; and the
revenues of the Saranjam, after deduction of the expenses of mana-
gement, may be assigned for the maintenance of the representatives
of the deceased Saianjarndar, in such manner and in such proportion
as Provisional Government rnay from time to time direct. (G.R.P.D.
No. 4684, dated 29-6-1901).
6. No Saranjam shall be capable of subdivision.
7. Every Saranjamdar shd be responsible for making a suitable
provision for the maintenance of the widow or widows of the pre-
ceding Saranjamdar, his own brothers, or any other member of his
family who, having a valid claim arising from infancy, mental or
physical infirmity, rendering such member incapable of earning a
livelihood, rnay bedeemed deserving of support at his hands. When
t.his obligation is not fulfilled by any Saranjamdar, Provisional
Government rnay direct him to make suitable provisions for such
perçons and rnay fixthe amount, which he shall pay, in each instan-
ce: provided that no one who has independant means of his own,
or is in the opinion of Provisional Government otherwise sufficiently
provjded for, shall be entitled to maintenance from t,heSaranjamdar.
8. Every order passed by Provisional Government under the
above rule for the grant of maintenance'by a Saranjamdar shall hold
good during his life only.
g. Ifan order passed by Provisional Government under Rule 7
isnot carried out, Provisional Government may, whatever the reason
rnay be, direct the Saranjam, or a protion of it,to be resumedasthe
circumstances of the case rnay require. Provision for the members
the Saranjamdar's family entitled to maintenance shall then be
made by Provisional Government out of the revenues of the Saran-
jam so resumed.
IO. Whenever itappears that a Saranjam or its revenues have
passed by attachment or any other process of the Civil Court into
the hands of a person other than the Saranjamdar, Provisional Gov-
ernment will ordinarily direct the Saranjam to be resumed and pass
such order as to its regrant or other disposal as mav seem to them
fitting.
II. Tlie above i-ules shaU be applicable not only to Saranjams
proper, but also to Chouth Saranjams.
rz. Any Inam granted on political considerations shail be cont-
inued in the terms of the Sanad or order creating the grant. In the
event of any such Inam passing out of the possession of the farnily
for whose support it was granted, it shall be liable to resumption,
unless there be arl expressprovision permitting such transfer inthe
terms of the grant.Addition tothe Rules regarding Saranjams $zcblishedwith Governmenl
RasolufionNo. 2674,di. the5thMay, 1898.
No. 4684.
Bombay Castle, 29th June, 1901.
Resolutiownf Government.
In exercise of the powers, referred to in RuIIO of Schedule 13of Act
XI of 1852 and of the second sut)-clause 3 to clause of Section2 of
Bombay Act VI1 of 1863, Ris Excellency the Governor in Council is,
pleased to malce the following addition to the Rules published with
Government Resolution No. 2674, dated the 5th May, 1898:
Rule 5A.-In cases in which there is no suitable person to whom a
regrant can immediately be made, or in which an immediate regrant
wouId be injurious to the interest of the estate, the Saranjam may
be attached and placed under Government management for such
period as Government may consider necessary; and the revenues of
the Saranjam, after deduction of the expenses of management, may
be assigned for the maintenance of the representatives of the
deceased Saranjamdar, in such manner and in such propertion as
Government may from time to time direct.
2.This Rule should be published in the Bombay Government
Gazette and communicate to the officers concerrieà.
3.A copy of the Rule should be forwarded to His Majesty's
Secretary of State for India in continuation of Bombay Government
Despatch No. 18, dated the 16th May 1598.
J. L. JENKINS,
Acting Secretary to Government. ANNEXES TO REJOINDER (F NO. 27)
373
Annex F. No. 27
DECISION INDAULATRA MOALOJIRA V. PROVINC EF BOMBAY BEFORE
THE HIGH COURT OF BOMBAY1 ,947
APPELLATC EIVIL
Before Sir LEONARD STONE, Kt., Chief JusticeMr. Justice ~IACKLIN
and Mr. Justice LOKUR.
DAULATKA OALO JIRAO GHORPADE
(Original PEaintifl), ApfielEantv.
THEPROVINCIAG LOVERNMEN OFTBOMBA YKD OTHERS
(Original Defendants) , Rasfiondelts.
Saranjam fenz~re,incidents of-Saranjam rules, o#erution of-Adverse .
possessionof saranjam land-Resumfition of lalrdby levy of full assess-
ment payable to Government-Lands cease to be parof Saruniam lands
and becomeKkalsa lands-Bombay ReveîzueJurisdiction Act (X o1876),
S. 12.
The whole structure of saranjam tenure is founded in the sovereign
right, which can only changeby request or by treafiy. So founded, jagirs
and saranjams, with the feudal incidentsconnected with them are
granted or withheld at the will and pleasure of the sovereign power, and,
if granted, the fixity of tenure is always subject to interruption and
revocation by resumption, be it temporary or absolute in character.
No incident normally applicable to private rights between subject and
subject can fetter or disturb the sovereign kvill.Hence adverse possession
by a private person for however long a duration is nugatory before
a pararnount resumption or re-gant.
The saranjarn rules made by Government are rules of convenience
only. They do not exhaustthe general power of Government or prcvent
Government from making a decision or determination referableto a
particular saranjam without altering the rules with regard to al1of them.
The suit landshaving an area of about 60 acres were situated in the
viIlage of Kodaganur, which was one of the villages comprising the
saranjam calIed Gajendragad Estate. Prior to1842 the suit lands were
,granted in Inamby a rnember of senior branch to an ancestor of defend-
ant No. z for Kulkarni services to the estate. In course of time the estate
came to be divided among the three branches of the originaI saranjam-
dar's family, which division was recognised by Government at a later
date. In 1939,defendant No. 2 sold the land to defendant No.3.The
portion of the estate, yhich comprisethe 60 acres of land, fell to the
share of the piaintiff, who complained to Government about the alien-
ation. In 1892, Government directed that "full assessment should be
levied and the assessment sorecovcredshould be credited to Governm"nt.
l CiviReference Xo2of 1945.This was foilowed in 1936 by another resolution, which stated: "The
recognition of the above said shares and their entry in the revenue
records as separate shares shall not be deemed to a mountto a recognition
of the estate of Gajendragad as in any manner partible or alienable and
shali not in any way effect the right of Government to treat the said
estateas an entire impartibleor inalienable saranjam estate." The dispute
between the plaintiff and defendant No. 3 was settled by Government
by a resolution dated October 26,1937, which directed: "The lands which
gone into the possession of one who is a total stranger to the saranjam-
dar's family and who does not do any service to the farnily should be
resumed but the resumption should be by the levy of full assessrnent
which should be credited to Government and not to the saranjamdar,
as the lands have been lost to the saranjamdar's farnily for a long time
and there is no obligation on Government to pay the assessrnent to the
Saranjamdar". The plaintiff having made a claim to the 60 acres of
land, Government made a reference to the High Court, under S. 12 of
the Bombay Revenue Jurisdiction Act, 1876, referring the following
questions for opinion :-
"(1) Whether on the 25th February 1936, being the date of the sub-
divisional grant of the Gajendragad estate, the Saranjam tenure in
the 60 acres had been destroyed by the adverse possession of the Kul-
karni and his predecessors-in-title.
(2) Whatever be the answer to question (1),what is the effect upon
the tenure of the 60 acres as it existed immediately before the 25th
February- 19-6 :
(a) asa result of the1936 Resolution, and
(b) as a result of the1937 Resolution".
Held, (1) that the saranjam tenure in the 60 acres of land had not
been destroyed by the adverse possession of Defendant No. 2 and his
predecessor-in-title;
(2) that the Government Resolution of 1936 did not change the nature
of the tenure of the 60 acres already existing;
(3)that as a result of the resolution o1937 the 60 acres were resumed
by Government by the levy of full assessrnent payable to Government,
and thereby they ceased to be part of the saranjam lands and becarne
khalsa lands.
Shekh Sultan Sani W.Shekh Ajmodin. Raghojirao v. Laxmanrao,
referred to.
REFERENCE was made by the Government of Bombay under S. 12
of the Bombay Revenue Jurisdiction Act in pursuance of recommend-
atioii made by the High Court in its judgment dated 17th March 1944
in Cross Appeals Nos. 341 and 383 of 1940 from the decision of T. B.
Shanbag, Civil Judge (Senior Division), at Dharwar in Special Suit No.
53 of 1938. The reference was made in terms as fo1lows:-
The suit lands, bearing old survey No. 83 but known by Revision Sur-
vey Nos. IZI/I, 122, 123 and 124 havingan area of about 60 acres, were
situated in the village of Kodaganur, which is one of the27 villages com-
pnsing the saranjam called the Gajendragad estate. The whole estate
was forrnerly registered in Government records in the name of the senior ANNEXES TO REJOINDER (F NO. 27) 375
bra~ich of the family of Daulatrao (plaintiff). Pnor 1842, the suit land
was granted in inam by a member of the senior branch to an ancestor
of defendant No. 2 for kulkarniki service. The particulars of the grant,
viz. the names of the grantor and grantee were not known. In the year
1867, as a result of litigation in the family, the estate was informally
divided between the three branches of the family. In that division, the
village of Kodaganur fell to the share of Malojirao Daulatrao Ghorpade,
the father of the plaintiff. The history of that litigation would be found
in the case of Bhujangrao v. Malojirao (5B.H.C.R. 161). The partition
was recognised by Government intheir resolution of the Revenue Depart-
ment No. 2735, dated April26, 1882,and it was directed that the shares
aLiotted to the younger brothers should be regarded as their private
property in virtue of the High Court decree and thatthe saranjam estate
should be restricted to the portionawarded by the High Court to Bhu-
jangrao as the head of the family.
In the year 1891 the question of settlement of the nature and tenure
of the Gajendragad jahgir cropped up for the first time. By their reso-
lution in the Political Department, No. 1769, dated March 17, 1891,
Governrnent passed the following order without reference to the informa1
division of the estate between the three branches ofthe family :-
"It appears to Government that the whole Gajendragad estate is a
saranjam continuable as hereditary in the fullest sense of the word-as
interpreted by the Court of Directors in paragraph 9 of their Despatch
No. 27, dated December 12, 1855 .t is continuable to al1male leg-itimate
descendants of the holder at the time of the British conquest and should
Government ever sanction an adoption the terms of sanction would be
those applicable to saranjamdars. The property should be dedt with like
other saranjams in the Political Department. In the event of the saran-
jam or any part of the original saranjam being included in the scheme
for'the revision of the Hyderabad Bombay Frontier, the reversionary
interest would have to be calculated, and the rights of the saranjamdar
should be guarded as recognised by Government. The family of the
saranjamdar should be made acquainted with this decision."
Jn accordance with the order the name of Daulatrao Bhujangrao,
the senior member, was entered in the saranjam list foal1the 27 villages
(including Kodaganur) as the sole saranjamdar and continued as such
till his death in May1931.
In 1896 the plaintiff's father Malojirao died and thereafter the plain-
tiff assumed occupation of that portion of the estate which had been
allottedto his father without any forma1 sanction of Governrnent. The
suit land continued in the name of Daulatrao Bhujangrao the main
saranjamdar. In 1927 the plaintif£ andhis cousin Bhujangrao Yashvan-
trao applied to the revenue authorities for the introduction of survey
settlement in the villages in their possession and for recognition and
separate entry of their share inthe estate in the saranjam list. Govern-
ment, by their resolution in the Political Department, No. 5376, dated
March 19, 1928,ordered that "Daulatrao Malojirao Ghorpade and Bhu-
jangrao Yeshavantrao Ghorpade cannot be regarded as holders of any
separate saranjam estate. The landsin their possession form part of the
Gajendragad saranjam 'whichis held by Saradar Daulatrao Bhujangrao
Ghorpade." Up to that time (i.e. from1842 to 1928) the suit land had
remained inpossession and enjoyment of the Kulkarni family of defend-ant No. z. In ~gzg the lands in the suit were sold by defendant No. 2 to
defendant No. 3, a stranger to the kulkarni family, for Rs. 8,000.
After the death of Daulatrao Bhujangrao in 1931 his son Bhujangrao
II applied that the whole of the saranjam should be resumed and regrant-
ed to him making suitable provision for the proper maintenance of the
junior members in accordance with r. 5 of the Saranjam Rules, 1898.
The application was opposed by other members of the family including
Bhujangrao Yeshavantrao who prayed that he and Daulatrao Malojirao
should be declared to be independent saranjarndars in regard to the
villages in their possession, or in the alternative the villages in their
possession should be treated as their private property. Government
directed in their Resolution in the Political Department, No. 8969,
dated June 7, 1932,that the saranjam should be formaliy resumed and
regranted to Bhujangrao Daulatrao, the eldest son of the deceased
saranjamdar, and it was further ordered that the shares held by the
junior branches "as potgi holders should be continued to them as at
present." Against the decision the plaintiff and Bhujangrao Yeshvantrao
filed civil suit No. 23 of 1934. Thereafter, as a result of the negotiation
between Government and the plaintiff's representative Government
decided to recognise the junior branches of the family as de facto saran-
jamdars of the portion of the estate in their possession provided the
plaintiff withdrew the suit. The suit having been withdrawn Government
declared by their Resolution in the Political and Reforms Department,
No. 8969, dated February 25,1936, as fo1lows:-
"1. After careful consideration the Governor-in-Council is
pleased to confirm the decision in Government Resolution, Political
Department, No. 1769, dated hlarch 17, 1891, and to declare that
the whole of the Gajendragad estate shall be continuable as an
inalienable and impartible saranjam on the conditions stated in
the said Resolution. Having regard however to the manner in mhich
different portions of the estate have been held by different branches
of the family, the Governor-in-Council, in modification of the orders
contained in Government Resolution, No. 8969, dated June 7, 1932
is pIeased to direct that the portion of the said estate held by
Sardar Bhujangrao Daulatrao Ghorpade, Daulatrao Malojirao
Ghorpade and Bhujangrao Yashvantrao Ghorpade respectively,
shall henccforth be entered in the revenue records as de facto shares
in the said estate held by the said persons as representatives re-
spectively of the three branches of the Ghorpadefamily. Each of the
said de facto shares shall be continuable hereditarily assuch as if
it were a separate saranjam estate in accordance with the rules
made for the continuance of the saranjam by thc Governor-in-
Council in exercise of the powers referred to in the rules framed
under the Bombay Kent Free Estate Act, 1852 and S. z (3) of the
Bombay Sumrnary Settlement Act (VI1 of 1863) and such special
orders as the Governor-in-Council may make in regard to the Gajen-
dragad cstate as a whole or in regard to the said share. The recog-
nition of the aforesaid shares shall not be deemed to amount to a
recognition of the estate of Gajendragad as in any manner partible
or alienable and shall notin any way effect the right of Government
to treat the said estate a5 an entire impartible and alienable Saran-
jam estate. . The Governor-in-Council further directs that the aforesaid shares
shall in no case be capable of sub-division and shall not in any way
be alienated or encumbered except in accordance with the rules and
orders referred to. above. The three shares referred to above shall
be continuable hereditarily to the three holders named above and
to such of their rkpective heirs as shall be male legitimate descend-
ants of the holders of the Gajendragad estate at the time of the
British conquest in accordance with the orders issued in paragraph
g of the Despatch of the Court of Directors No.27, dated December,
12, 1855, and in Government Resolution (Political Department),
No. 1769,datedMarch17,1891.Thehoidersofeachofthreeshares ,
shall have the right to be consulted in the appointment of any village
officer in any village comprised in his respective share, but he shall
have no right to interfere with the management of the shares of the
other holders."
The whole of the Gajendragad waç thus divided into three separate
shares held respectively by the three named persons, and pursuant to
this order entries were made in the revenue records and the 60 acres
comprising the suit lands were entered in the name of the plaintiff.
The alienation of the suit land by defendantNo. 2 in favour of defend-
ant No. 3 came to the notice of themain saranjamdar Sardar Bhujangrao
Daulatrao Ghorpade in 1933. He therefore applied to the Collector for
resumption and restoration of the land to him. Thereupon the plaintifi,
who was recognised by the resolution of 1936 as a saranjamdar of 113 of
the Gajendragad estate and to whose share the village of Kodaganur
had gone, applied to the Collector that the land in dispute should be
resumed and restored to hirn in preference to Sardar Bhujangrao, the
main saranjamclar. At or about the same time one Laxuman Kukmangad,
the officiating Kulkarni of the village of Kodaganur, applied to the
Collector that the land should be resumed and restored to him as ithad
been originally assigned for kulkarniki service and alienated to a stranger
recently. There were several other sirnilar alienations of lands belonging
to the estate which were standing for more.than Go years with the alien-
ees. Government, to whom the rnatter was referred by the Cornmissioner,
Southern Division, passed the follouing order in their resolution in the
Political and Keforms Department, No. 8969/29j1, dated October, 26,
1937 :-
"Government agree with the vie~ of the Kemembrancer of
Legal Affairs that the Saranjam lands which were alienated to
an outsider and which have been in his posscssion for more than
60 years cannot 5e claimed by the saranjamdar. The lands which
have gone in the possession of one who is a total stranger to the
saranjamdar's family and who does not do any service to the family
should be resumecl but the resumption should be by the levy of full
assessment which should be credited to Govcrnment and not to the
saranjamdar's family for a long time and there is no obligation on
Government to pay the assessrnent to the Saranjamdar."
Dissatisfied with these orders the plaintiff filadsuit against Govern-
ment and othcrs for a declaration that as a de facto saranjamclar of a
share in the Gajendragad saranjam he was the owner of the suit lands
and for possession, and in the alternative, for a declaration that the378 ANNEXES TO REJOINDER (F NO. 27)
suit lands were liable for contribution towards the remuneration of the
officiatingkulkarni of Kodaganur and liable to pay judi of Rs. 15 a year
to the plaintiff.
The trial Judge rejected Government contention on the question
of the Court'sjurisdiction under S.4 (1)of the Revenue Jurisdiction Act
and partly decreed the plaintiff's claim bydeclaring that he was entitled
to recover judi from defendants Nos. 3 to 6and that the suit lands were
liable to contribute in proportion to the potgi payable to the officiating
lrulkarni.
Against this decision appeals were filed both by the plaintiff and Gov-
ernrnent, The High Court held that asthe plaintiff's claim was advanced
and rested upon a saranjam tenure, S. 4 of the Revenue Jurisdiction Act
was a bar to any relief being granted to the plaintiff against Government.
At the sarne time their Lordships were of opinion that themain questions
involved in this suit were very important for the general body of the
saranjamdars and they required to be judically considered. As those
questions could not be decided in view of S4 of the Revenue Jurisdiction
Act, their Lordships recomrnanded that Government should make a
reference to the High Court under s. 12 of the said Act. (See 47 Bom.
L.R. 214).
Government accepted the recommendation and, as suggested by the
High Court, submitted the following questions for decision:-
a (1) Whether on February 25, 1936, being the date of the sub-
divisionai grant of the Gajendragad estate, the saranj am tenure
in the60 acres had been destroyed by the adverse possession of the
kulkarni and his pre-decessors-in-title?
(2) Whaiever be the answer to question (1), what is the effect
upon the tenure of the 60 acres as it existed immediately before
February 25, 1936.
(a) of the 1936 Resolution and,
(b) of the 1937 Resolution?
H. C. COYAJEE with G. R. MADBHAVf , r the plaintiff.
S. A. DESAI , ith S. A. KHER for the defendants.
C. K. DAPHTARY Advocate General, with B. G. RAO, for the
Government of Bombay.
STOXEC. J. On hlarch, 17, 1944, judgment was delivered in appeal
by my brother Divatia and myself, by which we held, that as the plain-
tiff's claim is advanced and rests upon a Saranjam tenure, s. 4 of the
Revenue Jurisdiction Act of 1876 is a bar to any relief being granted
to the plaintiff against Government relating to the suit lands, in so far
as they are classified to be granted or heldSaranjam. At the same time,
we pointed out, that the appeal raised a very important question so
far as the general body of the Saranjamdars is concerned and u7ehave
intimated that Government might desire to have it judically determined
by making a reference under S. 12 of the Revenue Jurisdiction Act.
Accordingly, before passing any order, we gave an opportunity for a
reference to be made, and it is such reference which is noBrbefore this
FuU Bench. The facts sufficiently appear from the judgments delivered
on March, 17, 1944, and arising out of what was then said Government
have referred to us the following questions: ANNEXES TO REJOINDER (F 90. 27) 379
"(1) Whether on Februaq 25, 1936, being the date of the sub-
divisional grant of the Gajendragad estate, the Saranjam tenure
in the 60 acres had been destroyed by the adverse possession of the
Kalkarni and his pre-decessors-in-title.
(2) Whatever be the answer to question (1), what is the effect
upon the tenure :of the 60 acres as it existed imrnediately before
February 25, 1936.
(a) as a result of th1936 Resolution, and
(b) as a result of th1937 Resolution".
In its reference Government have concisely set forth the propositions
upon which it reIies and it will be convenient to refer to these. They are
as f0llows:-
(1) That every Saranjam is held by the Saranjamdar as a life
estate.
(2) That Governrnent have a common law right to resume it at
pleasure.
(3) That the law does not require Government to exercise that
rightwithin a particular time.
(4) That land held on Saranjam tenure does not lose its Saranjam
character until the tenure is terminated; so long as the tenure
subsists, no possessionof the land can be adverse to that tenure;
on the contrary it would be subject to the tenure.
(5) That the character of land held on Saranjam tenure does not
change by effluxoftime.
(6) That no penod of limitation being provided for the exercise
by the Government of their right to resume, such right is not
extinguished by efflux of time.
(7)~hat the 60 acres of Iand in dispute were di dong held on
Saranjam tenure, irrespective of whether the Saranjamdar or
the Kulkarni was in possession.
(8) That the ~ksohtion of1936 forrnally resumed and regranted
the acres to Daulatrao Malojirao, the Plaintiff, Saranjam tenure
therefore continued.
(9) That by the Resoluhion of 1937 Government finally exercised
their common Iaw right of resumption as they found that the 1.d
had passed into the possession of non-Saranjamdar. Saranlam
tenure was therefore extinguished."
The propositions are a substantial departure from the alIegations
contained in the written statement filed by Government in the suit;
but this is immateriai, because Government has succeeded in th15
appeal by virtue of the Court's want of jurisdiction, and th&issues now
before us are circumscnbed by the reference. The contention now
advanced on behalf of Government is in substance that land held by
virtue of Saranjarn tènure cannot be alienated to a stranger, becyse
the tenure is but an iadjunct of and springs from the sovereign right,
and only subsists at al1by virtue of the will and pleasure of the sovereip
power. Itis therefore: contended that the Crown's paramount right to
the overlordship in the land is unassiable by adverse possession by a
subject for however long duration. We are indebted to Counsel for al1
I380 ANXEXES TO REJOINDER (F NO. 27)
the parties for the interesting debate which haç taken place before us.
The principal authorities to which we have been referred are the cases
Shekh Sultan Sani v. Shekh Ajmodin l and Raghorirao Laxmanrao.
Ive have also been referred to the treatise written by Colonel Etheridge
in the year1874 and which is contained as a preface to a book descnbed
as "List of Saranjams", and also to an admirable little book, "the Law
of Saranjams", by Mr. N. H. Phadnis. An examination of the authonties,
in my judgment makes it clear, that the whole structure of Saranjam
tenure is founded in the sovereign right, which can only change by
conquest or by treaty. So founded,Jaghirs andsaranjams, with the feudal
incidents connected mith them, are granted or withheld at the will and
pleasure of the sovereign power, and, if granted, the fixity of tenure is
always subject to interruption and revocation by resumption, be it
temporary or absolute in character. No incident normally applicable
to pnvate rights between subject and subject can fetter or disturb the
sovercign will.Thus adverse possession by a pnvate person for however
long duration is nugatory before a paramount resumption or re-grant.
But hlr. Coyajee on behaIf of the appellant, the Saranjamdar, submits
that even so the sovereign power has by its legislative constituent bound
itself by rules, and that even if historically the basis of the tenure was
the sovereign will and pleasure, the rules have created a new quality of
durability. In my prcvious judgment 1 referred to these rules as being
rules of convenienco enly and a further examination of them and their
origin confirms me in that view. These rules which were made on 1898
are made under r. IOof schedule P to ActXI of 1852and under the second
sub-cl. to cl. (3) oS.IO of Bombay Act VITI of 1863, Rule IO in the
1852 Act is as follows:
"Theçe ruleç shall not be necessarily applicable to jaghirs, and
çaranjams or other tenures for service to the Crown, or tenures of
a political nature, the titles and continuance of which shall be
determined as heretofore under such rules as the Provincial Gov-
ernment may find it necessary to issue from time to time."
And the sub-cl. in the 1863 Act provides:
"Lands grantedor held assaranjam or on similar political nature,
shallberesumable or continuable in such manner, and on such terms,
as Government on political considerations, may, from time to time
seefitto determine."
It should be observed in passing, that there isa distinct contract be-
tween that sub-clause and the next one which provides that "lands held
for service shallbe resumable or continuable under such general rules
as Government may think proper, from time to time, to lay down."
In my opinion the rules with which we are concerned cannot exhaust the
general power or prevent Government from making a decision or deter-
mination referential to a particular Saranjam without altering the rules
with regard to al1 of them. Accordingly in my opinion the answer to
question 1 referred tous is "No", that is to Say the Saranjam tenure
was not destroyed be adverse possession. ANNEXES TO REJOINDER (F NO. 27) 381
It follows from this and from an examination of the Resolution of
1936, that question 2 (a) should be answered by saying that the Resolution
had no effect upon the nature of the tenure of the 60 acres. It is to be
observed that when examined the I936 Resolution is not itself a+re-grant,
for itprovides that each of the said de facto shares of the existing grant
of the whole estate shall be continuable hereditarily as such as if it were
a separate Saranjam estate. It did not in fact change the nature of the
tenure of the 60 acres already existing.
Question 2 (b) causes at first sight a little difficulty, not because there
is now any doubt as to Government's power to resume arbitrarily the
Saranjam or any part of it if it so thinks fit and to re-grant it in whoIe
or in part as Khalsa land, but as to the effect of the Resolution itself.
It is dated October 26, 1937 ,nd is aç follows:
"Government agree with the view of the Remembrancer of Legal
Affairs that the Saranjam lands which were alienated to an outsider
and which have been in his possession for more than 60 years cannot
now be claimed by the Saranjamdar. The lands which have gone
in the possession of one who is a total stranger to the Saranjamdar's
family and who does not do any service to the family should be
resumed, but the resumption should be by the levy of full assess-
ment which should be credited to Government and not to the Sa-
ranjamdar as the lands have been lost, to the Saranjamdar's family
for a long time and there is no obligation on Government to pay
the assessment to the Saranjamdar. The orders of the Collector of
Dharwar directing the assessment to be paid to the Saranjamdar
are hereby cancelled."
This was based on the view which then prevailed with Governrnent's
advisers and which we have referred to in our previous judgrnent in the
quotation that :
...the aliences who obtained possession in r863 and 1870 at
execution saIes have been in possession in contravention of the
rules or orders governing Saranjams and can claim to hold adversely
to Government. As these aliences bave, by a lapse of 60 years,
acquired an indefeasible right to remain in possession, under S.28
read with art. 149 of the Limitation Act, their indefeasible right has
now ripenad into a prescriptive title.The Saranjam tenure of these
lands has been extinguished and Government cannot exercise their
common law right' of resumption, although such right was exercis-
able at pleasure."
But because Government gives a wrong reason for something it does,
the wrong reason does not operate to abrogate the operative part of the
Resolution, since it is not necessary for Government to give any reason
at all. The order of thé Collector rcferred to in the Resolution is dated
the 26th of August 1934 is infact in two parts, by the first part he ordered
the resumption of the land by levy of full assessment and by the second
part he ordered that siich assessment be paid to the Saranjamdar. It is
the latterpart of the order which is referred to in the last sentence of the
Resolution of 1937. Although this Reçolution is not happily worded,
since the body of it is couched in words of future, whereas cancellation
of the Collecter's order is expreçsed as being "hereby cancelled"; it
does in my opinion operate to resume the Saranjam estate and accord-
I 26
I
I
I382 ANNEXES TO REJOINDER (F K0. 28)
ingly in my opinion the answer to question 2 (b)should be that asa
result of the Resolution o1957 the 60acres ware resumed by Govern-
ment by the levy of full assessrnent payable to Government and thereby
they ceased tobe part of the Saranjam lands and become Khalsa lands.
Having thus finished with the reference before us, thereisan out-
standing point on the appeal with regard to the position of the Kulkarni.
But Mr. Coyajee on behalf of the appelIant the Saranjamdar is now
content to leave this question in the hands of Government. So we need
say no more about it.
There remains the question of costs. The orderwhich is proposed is
that the appeal be dismissed with one set of costs to be paid to Govern-
ment, that the cross-appeal be allowed with one set of costs to be paid
to Government. As to the other defendants they will get from Mr. Coya-
jee's client one set of coonsthe appeal but they must pay their own
costs of theross-appeal and of the reference, and Government will pay
its own costs of the reference.
MACKLI J. 1 agreand have nothing to add.
LOKUE J. 1agree and have nothing to add.
Per Curian-The order for costs will be as proposed above.
Answered accordingly
and
Appeal disrnissed.
J. G.R.
Annex F. No. 28
THEINDIAN LAW REPORTS
BOMBAS YERIES
VOL. VI. 1882
June 12.
APPELLATC EIVIL
Before Mr.Justice MELVILa Lnd Mr. Justice KEMBALL.
RAMCHANDM RANTR(I OrigifiaEDefendant), Appellant, v. VENKATRAO
and B. M.MANTR (IriginalPla,inti8s),Respondents.
Saranjam-Jaghir-Grant ofrevenue-Grant ofsoidPensions' ActXXIII
of 1871-Evidence-Burden of firoof-Impartibility-Primogeniture.
The grant in jaghir or saranjam is very rarely a grant of the
soiland the burden of proving that it is in any particular case a
grant ofthesoil lies very heavily upon the party alleging it.
It is for the Government to determine how saranjamsareto held '
and inherited, and in cases where the Civil Courts have jurisdiction
over claims reIating to saranjams in consequence of the non-appli-
l RegularAppeal,Xo.21 ofr880. ANNEXES TO REJOINUER (F KO. 28)
383
cability of the Pensions' Act XXIII of 1871 or otherwise, they
m+ouldbe bound to determine such claims according to the rules,
general or special, laid down by the British Government. In the
absence of such rules the Courts would be guided by the law appli-
cable to impartible property.
Semble, that a saranjam is impartible, and on the deatk of the
eldest son descends to his son, in preference to his surviving brother.
This was an appeal from the decision of Rao Bahadur P. S.
Binivale, Subordinate Judge (First Class) of Satara.
The material facts of the case are as fo1lows:-
The plaintiffs and the defendant are members of the Mantri family,
the last head of which was one Vyankatrao, who died on the 19th of
August, 1863. He left three sons, Narayanrao, Madhavrao and Rhas-
karrao. The first of these was the eldest, and was the father of the
defendant, Karnchandrarav; the second was the father of the plaintiff
Vertkatrao; and the third iç the plaintiff No. 2. The propositus owned
considerable property, moveable and immoveable, amongst which were
the villages of Bagni and Kameri in the Satara District, Kochre in the
Ratnagiri Distnct, and Pandharpur in the Sholapur Distnct. The
plaintiffs alleged that they and the defendant were undivided and sued
for division in the Court of the First Class Subordinate Judge of Satara,
who was empowered by the High Court to try the suit. The defendant
contended, among other things,. that he was a sardar exempt from the
jurisdiction of the ordinary Civil Courts by Regulation XXIX of 1827;
that the village of Bagni was impartible and descendable to the eldest
son only as being a grant in saranjam. He also contended that the grant
was a grant of the revenue, and not of the soil, and that without a
certificate from the Collector of Satara the Civil Court under the Pensions'
Act XXIII of 1861 no jurisdiction to try the suit. The Subordinate Jud-
ge, holding that a saranjam was necessarily a grant of the soil, awarded
the bulk of the plaintiff's claim. The defendant appealed to the High
Court.
Jardine and Hon. V. N. Mandlik for the appel1ant.-Our contention
is that the gant of Bagni in saranjam was an alienation of the land
revenue and not of the soil of the village, and that a saranjam was
impartible. The evidence adduced shows that saranjams are grants of
revenue. The onus was on the plaintiffs to show that such is not thecase;
and they have not discharged their onus. The leading case in support of
our .proposition isKrishnarav Ganesh v. Rangrav l and is followed in
Varnan Janardan Joshi v. The Collector of Thana a and Ramchandra
Sakharam Vagh v. Sakharam Gopal Vagh and other cases. Saranjams
are of three classes, but as to impartibility theis no distinction between
them. They are al1impartible, and descend to the eldest son and senior
representative of the family. Inverarity and Shantaram Narayan for
the respondents, the original p1aintiffs.-We submit that the evidence
shows that the soil, and not rnerely the revenue of the village of Bagni,
was alienated; that the defendant was a sardar for rank and precedence
only, his name being includecl in the red portion of the Saranjam List,
l 4.Born. H. C.Rep. I:A.C.J.
6Born. H. C. Rep. 191, A.C.J.
I.L.R.2 Born. 34G384 ANNEXES TO REJOINDER (F NO. 28)
and that the rulings cited as to the nature of a saranjam were consider-
ably modified by the ruling in Ravji Narayan Mandlik v. Dadaji Bapuji
Desai l.It is not invariably the case that a grant in saranjam is an
alienation of the revenue merely. The Pensions' Act is, therefore, not
applicable to this matter, and no certificate of the Collecteris required.
MELVILL J,-This is an appeal from the decision of the First Class
Subordinate Judge of Satara, who has allowed the claim of the plaintiff
to a partition of certain ancestral immoveabIe property.
The suit was for a division of lands, situated in the villages of Bagni
in the Satara District, Kameri in the same district, Kochre in the Rat-
nagiri District, and Pandharpur in the Shdapur District. The plaintiffs
ais0 demanded a share in certain moveable property alleged to be in
the defendant's possession.
The defendant claimed exemption from the jurisdiction of the Civil
Courts, on the ground that it is a grant in saranjam, and, as such, im-
partible; andhe further contended that the claim thereto is barred by
the provisions of the Pensions' Act of 1871. He alleged that, as regards
the villages of Kochre and Padharpur, the suit is defective for want of
parties. He claimed to be entitled himself to a share of certain property,
moveable and irnmoveable, in the possession of the plaintiffs. Finally,
he took a general objection to the whole claim as being barred by limi-
tation: but this objection was not seriously pressed, and haç clearly
nothing to support it: for Venkatrav, the ancestor of the parties, and
the last holder of the estate, died in 1863, and the suit was brought in
1872 t is, moreover, admitted that there has never been any partition
between the parties and that each isin enjoyment of some portion of the
family property.
The objection to the jurisdiction is equally untenable. The defendant
has put in the Bombay Government Gazette of the 18th July, 1872,
which contains a "List of the Three Classes of Sardars", to which is
appended a note that "the names in red ink are those of the Sardars for
Rank and Precedence only". Thedefendant's name is one of those entered
in red ink. It is clear therefore, that the Government did not intend to
grant to the defendant the privileges which belong to certain sardars un-
der ReguIation XXIX of 1827; and, although it was contended that the
Government could not deprive a sardar of those privileges, when his
name has once been entered in the list prepared under the Regulation,
yet the answer to this is that there is no evidence that the defendant's
name was ever entered in the list prepared and furnished to the Judge
under section iii, clause2,of the Regulation. Itwas held in Maharajgir v.
Anandrav and another that a sardar, whose name is entered in red ink,
is not thereby exempted from the jurisdiction of the ordinary Civil
Courts; and we see no reason to dissent from that decision.
The principal contention in the case isin regard to the village of Bagni;
and, asrespects this village, two questions arise, namely, first, whether
the claim isbarred by the provisions of the Pensions' Act, No. XXIIT
of 1871; and, secondly, if it be not so barred, wheterh the village, being
admittedly a grant in saranjam, is impartible.
The Subordinate Judge, before whom the case first came, decided
that the claim to Bagni, (and indeed the whole claim, though it is not
' 8.Born. I3C. Rep. 25,A.C.J. clear how the same reason could apply to the whole claim), was taken
out ofthe cognizance of the Civil Courts by the Pensions' Act, inasrnuch
ashe held that the grant of Bagni was a grant, not of the soil, but of the
land revenue only, and the plaintiffs had not produced the certificate
of the Collector, which is necessary to enable the Civil Court to deal
with a daim relating ta a gant ofland revenue.
The case came bef?re the High Court in appeal, and on the 15th
January, 1879, it was ~ernanded to the Subordinate Judge, in order that
the parties might have an opportunity of giving evidence as to the real
nature of the grant, apd of showing whether it was a grant of the soil,
or only of the revenue; it appearing tu the High Court. that the grant,
or continuance, of a iillage in saranjam does not necessarily, and in
terms, import either the one estate or the other.
The present Subordinate Judge has now taken the evidence offered
by the parties: but itdoes not appear to have influenced his decision.He
has disposed of the question before himin the same summary way as his
predecessor ;and has come toan opposite conclusion on equally insufficient
grounds. The former Subordinate Judge held that a gant in saranjam
is necessarily a grant of land revenue, and nothing more: his successor
seems to hold that it is'necessarily a grant of the soil. We cannot, without
some qualification, support either conclusion: but, we think, that the
former cornes nearer to the truth than the latter.
In Krishnarav Ganesh v. Rangrav l Westropp, C. J., said:"Sanadi
grants in inam, saranjarn, jagir, wazifa, wakf, devasthan, and sevasthan
are, generally speaking, more properly described as alienations of the
royal share in the produce of land, i.e.of land revenue, than grants of
land, although in popular parlance, and in this judgment, occasionally
so-called." This observation has frequently been quoted with approval
and the principle involved in it was the foundation of the decision in
Vaman janardhan Joshi v. The Collector of Thana 5 which has been
foliowed in many subsequent decisions. In Rowji Narayan v. Dadaji
Bapuji-estropp, C.J., repeated his former observation as being
undoubtediy true, though he qualified it by adding that "if words are
employed in a grant, w,hich expressly, or by necessary implication,
indicate that Government intends that, so far as it may have any owner-
ship in the soil, that ownership may pass to the grantee, neither Gov-
ernment nor any person suhsequently to the date of the grant deriving
under Governrnent, cah be permitted to Say that the ownership did not
so pass." He then added: "In the sanad in evidence here, whosoever
framed it, was apparently determined that no ambiguity shouId exist
as to what the force of the term 'village' might be; "and, in order to be
explicit, he added to the grant of the villagein inam the words "incIud-
ing the waters, the treès,the stones, (including quarnes), the mines, and
the hidden treasures therein." Consequently, in that particular case the
Chief Justice refused to hold the Pensions' Act applicable; remarking
that "an enactment of a character so arbitras. as Act XXIII of 1871.
which purports to deprive the subject of his right to report to the
ordinary Courts ofJustice for relief in certain cases, ought be construed
strictly, and the Courts should not extend its operation further than the
language of the Legislature requires". But the principle that grants in
I
1 I.L.R.1 Born.523.
I.L.R.1 Born.523. 1386 ANNEXES TO REJOINDER (F NO. 28)
inam are ordinarliy to be regarded as grants of land revenue, and nothing
more, is in no way weakened by the decision in that case.
If this principle be true as regards grants ininam generally it appears
to us to be specially applicable to grants in Jaghir or saranjam.
Of these two terms Colonel Etheridge says in the Preface to the List
of Saranjams, published by him as the same stood on the 1st August,
,r874, "Under the Mahomedan dynasty such holdings were known as
jaghir, under the hlahratta rule as saranjam. If any original distinctive
feature marked the tenure of jaghir and saranjam, it ceased to exist
during the Nahratta Empire: for, at the period of the introduction of
the British Government, there was no practical difference between a
jaghirdar and a saranjamdar, either in the Deccan or Southern hlahratta
Country. The terms jaghir and saranjam are convertible terms in these
districts. The latter is now almost universally adopted. These holdings,
being of a political character, u7ertlnot transferable nor necessarily
hereditary, but, as a rule, were held at the pleasure of the Sovereign.
On succession a nazrana was levied. When of a persona1 nature, they
m-eretermed Zat Saranjam, when for the maintenance of troops Fouj
Saranjam."
Colonel Etheridge's observation that jaghirs were not necessarily
hereditary, hardly conveys a correct idea of the fact. It would have
been more correct if he had said that jaghirs were not necessarily grants
for life only,but might occasionally be hereditary. This is how the fact
is stated by the Judicial Cornmittee in Gulabdas Jajgivandas v. The
Collecter of Surat l where their Lordships Say that a jaghir must be
taken, prima facie, to be an estate onIy for life, although it may possibly
be granted in such terms as to make it hereditary. Similarly, in the Fifth
Keport from the Select Cornmittee on Indian Affairs (p. 86) it was said:
"With regard to the jaghirs granted by Mohamcdans either as marks
of favour, or as rewards for public service, they generally, if not always.
reverted to the State on the decease of the grantee, unless continued to
his heir under a new sanad; for the alienation in perpetuity of the rights
of Government in the soil was inconsistent with the established poiicy
of the Mahomedans, from which they deviated only in the case of en-
dowments to the religious establishments and offices of public duty, and
in some rare instances of grants to holy men and celebrated scholars."
The circumstance that grants of this kind were ordinarily of so tempo-
rary a nature, raises a presumption, even stronger than that which
exists in regard to inams generally, thatthe grants were ordinarily grants
of the land revenue, and not of the soil. And the best authorities on the
subject agree inso defining the nature of jaghirs and saranjams. Colonel
Etheridge, in the preface to mhich we have aIready referred, says: "It
was the practice under former Governments, both Nahomedan and
hlahratta, to maintain a species of feiidal aristocracy for State purpose
by temporary assignments of revenue, either for the support of troops
for personal service, the maintenance of officia1dignity, or other specific
reason. Holders of such grants were entrusted at the same time with the
powers requiçite to enable them to collect and appropriate the revenue,
and to administer the general government of the tract of land which
produced it. Under the Mahomedan dynasty such holdings were known
7 310ore1.Apps. 555. as jaghir; under the Mahratta rule as saranjam." Professor \Vilson in
his Glossary defines saranjams as "temporary assignments of revenue
from villages or lands for the support of troops, or for personal service,
usually for the life of the grantee; also grants made to perçons appointed
to civil offices of the State to enable them to maintain their dignity.
They were neither transferable, nor hereditary, and were held at the
pleasure of the Sovereign." The term jaghir he defines as"a tenure com-
mon under the Mohamedan Governrnent, in which the public revenues
of a given tract of land were made over to a servant of the State, together
with the powers requisite to enable him to collect and appropriate such
revenue, and administer the general government of the district". hlr.
Steele (Hindu Castes, page 207) says: "Grants by the Native Governrnent
in jaghir were either Fouj Saranjam, subject to the performance of
military service, or Jat Saranjam, persona1 jaghir. The subject of these
grants urere the whole or particular portions of the revenues of villages
belonging to the Sarkar ...Usuaily the grants depended on the pleasure
of the Sovereign, and the fidelity of the grantee ..They were not,
in general, hereditary; sanads seldom exist; on the first gant it was
usual to give the grantee a khat or order addressed fo the Government
officers of the district." Mr. Neil Baillie, in his Essay on the Land Tax
af India, says(page xliv) "the jaghir is, properly speaking, an order upon
the khiraj of particular lands, which are said to be granted by way of
jaghirs. Two examples of it are given in the Appendix; and the terms in
which they are expressed are worhty of attention. In both a sum of
money, so many lakhs of dams is said to be bestowed out of a particular
pergunneh, the officers and inhabitants of which are directed to account
for their just rents and dues of the Divani (that is of the Civil Govern-
ment), to the agent of the jaghirdar, up tothe sum specified, from which
they are fornidden to ivithhold or deduct a single dam." He then goes
on to Say: "Though the jaghir was, in form, an order for the payment of
the khiraj, there is no doubt that the jaghirdar was treated, in some
respects, as the zamindar, or holder of the land. Thus No. IV of theAp-
pendix is a perwanneh, addressed to the agent of a jaghirdar, in which
he 1s required to do justice to a cornplainant; and though the purpose
of the jaghir was to make a provision, by an order on the revenue, yet
this was said to be bq way of jaghir, as if some holding or taking of the
land itself \vas necessary to give due effect to this object. Thejaghir is
thus sometimes treated as an estate in land, not only in the Regulations
of the Indian Government, but also in the decisions of the Courts of
Justice, and in this sense it is considered to be, essentialiy, an estate for
life. There is reason, however, to think this view of the jaghir to be
erroneous. As an order for payrnent of the Khiraj to a particular person,
it necessarily fell to the ground on his death, unless some other persons,
by name or description, were included in the grant. Such otherpersons
might be his children: and if a jaghir were granted to a man and his
children, there seerns tbe no just reason ivhy itshould not pass to them
at his death; much less is there any just causefor suspecting the genuine-
ness of adocument coqstituting a jaghir, because it contains such words,
as seems to have been done in the case above alluded to." We understand
Mr. Neil Ballieas expressing in this passageaclear opinion that, although
the etymology of the word jaghir has sometimes given rise to the idea
that the terrn involves a taking of land, or an estate in land, and al-
though a jaghirdar has been treated as having some of the powers of a388 ANNEXES TO REJOINDER (F rio. 28)
land-holder, yet, in fact, the great is nothing more than an assignment
of land revenue. And the case ofThe East India Company v. Syed Ali '
shows thatit was upon thiç ground that the Madras Government justified
the resumption of jaghirs, when it assumed the Government of the Car-
natic in 1801. At page 575 of the Report is the plea of the East India
Company, that "even when the language of the grants might seem to
convey a yroprietary interest in the soil, the grantees confessedly possess-
ed no such interest, the subject-matter of the gant being a merc jaghir,
or portion of Public land revenue, together with the Government powers
of collecting the çame".
The authorities which we have quoted (and none have been shown to
us which support a different conclusion) may, we think, be taken as at
least establishing that a grant in jaghir or saranjam is very rarely a
grant of the soil, and that the burden of proving thatitis in any parti-
cular case a gant of the soil lies very heavily upon the party alleging it.
If it had not been thatin the present case, in which there is no sanad, a
Division Bench remanded the case for the taking of evidence, wc should
have been disposed to Say that such a contention could not be made out
by any evidence except such a sanad as was produced in Ravji Narayen,
v.Dadaji Bapuji already referred to. As, however, other evidence has,
by the direction of this Court, been taken, we feel bound to consider it:
but we have no difficulty in coming to the conclusion that it not only
failçto discharge the plaintiffs from the burden which lies upon them,
but that it supports the defendant's contention that the grant of the
vilIage of Bagni was nothing more than the grant of the land revenue.
The evidenceon the point iç meagre, as was to be expected: but it shows
that the jamabandi of the village is made by the Collecter, and thatthe
village officers are appointed and paid by the Government. It shows
(exhibit 313) that, if dry-crop land was converted into garden Iand,and
so became liable to a higher rate of assessment, the saranjamdar had
to obtain the permission of the Mamlatdar to levy the increased assess-
ment. There iç nothing to show how the village was entered inthe Gov-
ernment accountç previously to the year 1863-64, but the tharavbund
for that year (exhibit No. 62) shows the village to be described as "Khalsa
Ryatava land", i.e. land cultivated by Government tenants, and it is
stated that out of the assessment Rs. 6, 847-9-0 iç to be continued to
the Inamdar. Further on, the amount (which is IiabIe to deductions for
certain payments) is stated as Rs. 7,goz.g.o, "Purbhara Juma Khurch",
i.e., to be levied by the Inamdar without reference to Government. The
tharavbund for 1872-7 3exhibit Nol, 336) shows that the village was
ordered to be entered under the heading "PoIitical", and the dumaldar's
(or saranjamdar's) interest in it is stated as Rs.6,610-9- pa0,able in
cash. Some stress was laid by the plaintiffs' counsel on the circumstance
that in Colonel Etheridge's List of Saranjams "the entire village of
Bagi~i"is entered under the leading "Description of Saranjam", while
in many other cases the entries show merely agrant of the whole or part
of certain 'Amuls', or items of revenue. We do not, however, think that
this difference in the modeof description indicates an intention on the
part of Colonel Etheridge to draw a distinction between the grant of the
soil in one case and the grant of the revenue in another. Having regard
to the general description of saranjams, which we have quoted from his
l7 Moore 1.Apps.555. ..INNEXES TO REJOINDEK (F NO. 28) 389
Preface, it is very unlikely that he should, without any explanation,
declare that in certain cases there had been an ecxeptional grant of the
soil of a villageIfhe did intend to make such a declaration in case of
Bagni, we can only Say that he appears to us to have had no sufficient
grounds for so doing. It is not suggested that he had any materials in
1874 which are not before us now; and we are quite unable, on the evi-
dence before us, to conie to any other conclusion than thatthe plaintiffs
have wholly faiIed to prove that the grant of the village of Bagni waç
anything more than a grant of the land revenue.
It foIlows that, in our opinion, the Pensions' Act is applicable; and as
the plaintiffs have failed to produce a certificate from the Collector,
their claim, so far as itlrelates to the village of Bagni, muçt be rejected.
Some argument has; indeed, been addressed to us, founded on the
circumstances that certain lands in Bagni are described in the pleadings
as "sheri" Iands, which'are explained to be lands which were unoccupied
at the time of the grant, or in which tenant-rights have since lapsed. It
was contended that tkie saranjamdar might deal with the lands as he
pleased, and that, therefore, he is, as regards them, something more than
an alience of the land! revenue. But we are unable to appreciate this
argument. The saranjamdar may, of course, deal with al1 unoccupied
lands as may be best for the purposes of revenue, andmay eithercultivate
them himself or through tenants; but this is because he is entitled to
realise as much revenue as he can, and as best he can, and not because
he has a grant of the soil of unoccupied lands.
Our decision upon this preliminary point of the application of the
Pensions' Art puts it out ofour power to give any decision on the second
question which we have mentioned as arising in regard to the village of
Bagni, namely, whether, the grant being one in saranjam, the plaintiffs
would be entitled to claim apartition of the village. As, however, the
case may go before a higher tribunal, it may not be out of place to offer
a few remarks upon this question.
The histor of the manner in which Deccan saranjams were dealt
with by the Zovernment of India and the East India Company, when it
succeeded to the Government of the Peishwa, is succinctly stated in
Colonel Etheridge's Preface. The correspondence cited by him shows
clearly enough that, when on the advice of Mr. Mountstuart Elphinstone,
then Commiçsioner at Poona, it was determined that ail saranjams
granted pnor to A.D. 1751 should be considered hereditary, this con-
cession was made, not as of right, but as an act of grace and State policy,
and the Government reserved to itself the power of determining, when-
ever occasions might arise, the nature and extent of its own bounty.
This reservation of the'power of Government has been recognised in aii
the legislation on the subject since Mr. Mountstuart Elphinstone, as
Governor of Bombay, ,frarned his Code of Regulations. Section 38 of
Regulation XVII of 1827 provides that "land held exempt as jaghir
shall be liable to resumption and assessment under the general rules at
the pIeasure of Government". This is explained in clause 3, section 1,
Regulation VI of 1833, which says: "Jaghir or other lands held on service
tenure are declared to be resumabie at the pleasure of Governrnent,
under the forms laid down in Clause First, Section 38, Regulation XVII,
A.D. 1827", it being uIlderstood that the expression used in the said
clause, viz. "under the general rules", meant "such rules as Government
may think proper to içsue from time to time". Act XI of 1852, afterproviding for rules for adjudicating upon titles to exemption from pay-
ment of land revenue, says (Section IO): "These rules shall not be neces-
sarily applicable to jaghirs, saranjams or other tenures for service to
Government, or tenures of a political nature, the title and continuance
of which shall be determined, as heretofore, under such rules as Govern-
ment may find it necessary to issue frorn time to time." So, in Bombay
Act II of1863, which was an Act to facilitate the adjustment of unsettled
clairns to exemption from the payment of Government land revenue in
those parts of the Bombay Presidency which are subject to the operation
of Act XI of 1852, section I, clause z, says: "The excepted cases, to
which the authority of adjustment andguarantee vested in the Governor-
in-CounciI by this provision shall not extend, are the cases of lands heId
as fo1lows:- 1st. . . ......,,........
2nd.Landsgranted or heid as jaghirs or saranjamç, or on similar political
tenure."
And the, lest any question should be raised (as was attempted to be
raised in the argument in this case), urhether the mere order of Govern-
ment that land should be entered in the accounts under the heading
"Political" is conclusive as to the political characteofthe grant, section
16 of the Act goes on to Say: "Political tenure" is defined to be tenure
created from, or dependent upon, political consideration, the existence
of which shall be determined by the Government." So, in Bombay Act
VI1 of1863, ïvhich isa similar Act relating to districts not subject to the
operation of Act XI of 1852, section 2, clause 2 provides that "lands
granted or held as saranjam, or on similar political tenure, shall be
resumable or continuable in such manner, and on such terrms as Gov-
ernment, on political considerations, may from time to time see fitto
determine"; and section 32 contains a definition of the term "political
tenure", similar to that which we have quoted from Bombay Act II of
1863. The Regulations and Acts which we have cited show beyond au
question that it is for the Government to determine how saranjams are
to be held and inherited, and that, if the Civil Courts had jurisdiction
over clairns relating to saranjams, they would be bound to determine
such clairns according to the rules laid down by the Government. It
would, therefore, be useless to refer, as in this case we have been referred,
to evidence tending to show, that under the Native Government, the
ancestors of the parties dealt with their saranjam villages as if they were
proprieters of the soil, and partitioned the villages among their families.
The questions which the Courts svould have to consider would simply be,
what are the terms of the grant by which the British Government con-
tinued the saranjam? and what is the rule of succession laiddownby
the British Government for saranjamsin general, or for this saranjam in
particular ?
In the case before us the saranjam was continued in the family of
Venkatrav Bhaskar, the father and grandfather of the parties, by a
Resolution of Government in the Political Department, No. 1819, dated
17th June, 1864; that Resolution is as fo1lows:-
"The Honourable the Governor-in-Council is of opinion that it has
been satisfactorily shown that the villae of Bagni was held as a personal
saranjam by the family of Venkatrav Bhaskar for a century before the
introduction of British rule. It should now be pronounced a saranjam
of the first class, and be continued hereditarily to the representative of
the first Britishgrantee, Venkatrav Bhaskar." Unless it were an accident (and in so important a document this is
unlikely), that the singular word "representative", and not the plural,
was used, the Resolution indicates that it was the intention of Govern-
ment that the saranja:m should descend always to the eldest member
of the family for the time being, and should not be divided amongst al1
the representatives of the last incumbent. That this uras the view taken
by the Kevenue authorities in 1865 rnay bc gathered from an order of
the Revenue Commissioner, dated 13th September, 1865, of which we
have allowed a certified copy to be put in in appeal. It appears to be an
answer to a petition from Madhavrav, the second son of Venkatrav,
and father of the present minor plaintiff Venkatrav. Venkatrav's eldest
son, Narayanrav, had died during his father's life-time, and thereupon
the saranjam had been continued to Narayanrav's son, the present
defendant Rarnchandrarav, and noéto Venkatrav's eldest surviving son,
Madhavrav. hladhavrav, having obtained a certificate of heirship or
administration to Venkatrav, (and no doubt he was properly recognized
as having the best right to administer such portion of Venkatrav's estate
as \vas governed by the ordinary rules of inheritance or servivorship),
seems to have appliedl to have the saranjam continued to him as the
senior representative. The reply of the Revenue Commissioner was as
fol1ows:-
"llladhavrav Venkatesh Muntri is inforrned, in reply to his petitions
of the dates marginally noted, that the Alienation Settlement Officer,
S.U., has reported tha: the village of Bagni was decided to be continu-
able, as a first classersona1 saranjam hereditarily, to the representative
of the first Britishrantee Venkatrav; that on Venkatrav's death it was
restored, in accordance with the saranjam rules, to Ramchandrarav,
the eldest surviving sonof Venkatrav's eldest son;and that the certificate
of heirschip granted to the petitioner by the Judge of Poona cannot divert
the succession of holding, which is a political one, from the representative
line. Under these circumstances, the Acting Revenue Commissioner,
S.D., sees no reason to interfere with the order of the Collector of Satara,
against which the petitioner complains."
From this document it would appear that, under "the Saranjam rules"
an hereditary saranjam is considered by the Revenue authorities to
descend entire to the eldest representative of the last holder, and that,
if the eldest son pre-deceases his father, his son takes precedence of the
next surviving son of the last holder. If this be the rule, the defendant's
title in the presentcase is establishcd. During the hearing of this appeal
tve caused a letter to bejwritten to the Government, asking that we might
be favoured with a copy of the Saranjam Rules; and, in reply, we have
been informed that the only rule are tiiose contained in the Preface to
Colonel EtheridgeJs List of Saranjams, to which we have so repeatedly
referred. As theRegulations and Acts which u7ehave quoted contemplate
that jaghirs and saranjams should be continuable under general rules
to be issued from time to time by Government, it seems strange that no
rules should be forthco~ing, bearing the authoriçation of the signature of
a Secretary to Government. We must, however, fake it that Colonei
Etheridge speaks under the authority of Governrnent when he says, in
the Preface to which we have been referred, that succession to saranjam
is restricted to lineal male heirs in the order of prirnogeniture; and that
the eldest son istheheii in the firstinstance. Colonel Etheridge says that
in saranjarns of the second class, if the eldest son of the first Britishgrantee dies before his father, but leaves a son, that son, on his grand-
father's death, is to be considered the second generation, and the whole
saranjam will be continued to him. But, cunously enough Colonel Ether-
idge does not Say whether the same rule of succession would be applicable
to hereditary saranjams ; and on this point, therefore, we are left without
any distinct rule. The rule to which the Revenue Commissioner referred
in 1865, as giving to the son of a pre-decessed eldest son a preference
over his uncle, is not forthcoming in the Secretanat;nor does Mr. Nairne
in his Handbook mention any such rule, except that which we have al-
readyquoted from Colonel Etheridge's Preface, as applicable to saranjams
of the second class. In the absence of a rule made by Government, the
Courts would, if they had jurisdiction in the matter, be obliged to decide
according to the ordinary rule of Hindu law applicable to impartible
property; and although, as stated by Mr. Jfayne in his work on Hindu
Law (section 461), there is rather a want of authority as to the rule to
be adopted where an eldest son, who has never taken the estate, has died,
leaving younger brothers, and also a son, yet the Courts wouId probably
hoId that the grandson took in preference to his deceased father's eldest
surviving brother. In the present suit it is to be observed that the second
plaintiff,Bhaskarrav, who is Venkatrav's only surviving son, does not
cliam the saranjam, to the exclusion of his nephews, as being himself the
eldest representative, but joins with one nephew in claiming a partition
from the other. It would, therefore, be a sufficient answer to the present
suit for partition, if the Court were merely to Say that a saranjam is
impartible, and it would not be absolutely necessary to determine
whether the defendant, Ramchandrarav, as the son of Venkatrav's
eldest son, or the plaintiff Bhaskarrav, as Venkatrav's only surviving
son, isentitled to be regarded as Venkatrav's representative.
As regards the question of the impartibility of a saranjam, the rule
stated by Colonel Etheridge is in accordance with the orders conveyed
in a despatch from the Court of Directors, No. 27,dated 12th December,
1855. In paragraph 20 of that despatch they Say: "We agree with you
that saranjams should not be sub-divided, but that the holders should
be required to make a suitable provision for their younger brothers."
A jaghir, to which service is attached, is certainly not divisible, but
descends to the eldest son : Hurla11Singh v. Jorasun Singh l,cited with
approbation by Lord Kingsdown in 6 Moore's Indian Appeals, 125, and
Rajah Nilmoney Singh v.Nakranath Singhdecided by the Privy Council,
10th March, 1882. There is some evidence in the present case that the
saranjam was originally given for the maintenance of a body of horse,
and was, therefore, in its inception a jaghir held for service. But inde-
pendently of this,and of any Government mle, the same principle would
probably be applied to ai1saranjams on the ground stated by Mr. Mayne
(Hindu Law, Section 3931, that an estate, which has been alloted by
Governrnent to a man of rank for the maintenance of his rank, is indivis-
ible, as otherwise the purpose of the grant would be frustrated.
The claim of the plaintiffs, so far as it relates to the village of Bagni,
being rejected, the remaining questions at issue between the parties are
not of an important character.
The pIaintiff's right to a share in the lands rnentioned in the plainas
situated in the village of Kameri in the Valva Taiuka of the Satara. ANNEXES TO REJOINDER (F NO. 28)
393
District, does not appear to have been disputed, and the Subordinate
Judge's award of this share must be confirmed.
As regards the landsiin Pandharpur and Kochre, it isin evidence that
these lands have never, been divided, but that they are held jointly by
the parties to the suit and other CO-parceners.The income derived from
Pandharpur is said to pe devoted to religious purposes, while the rents
and profits of the lands in Kochre are divided among the co-parceners.
If the plaintiffs desire that these lands should be divided by metes and
bounds, they must make a11the CO-parceners parties to their suit; but
they are not entitled to a decree for partition in a suit so defectively
constituted as the pres&nt. Nor can they recover anything from the de-
fendant asmesne profi. of the village of Kochre. It is not proved that
the defendant has received any profits from that village, which shouId
have been paid to the plaintiffs. On the contrary, as the Subordinate
Judge observes the evidence of witness No. 91, who was called for
the plaintiffs, shows that the plaintiff, Bhaskarrav and his deceased
brother Madhavrav have received their share of the proceeds, though
the accounts have not been made up for two or three years.
It is adrnitted that the house and other property ai Poona, which is
mentioned in the plaint', isin the possession of the plaintiffs. The defend-
ant is entitled to a shainthis property. We agree with the Subordinate
Judge in holding that the pIaintiffs have not proved that the defendant
has any moveable property in which they are entitled to share. On the
other hand, the defendant ha endeavoured to show that there is a very
large quantity of rnoveable property in the pIaintifisJ possession, which
ought to be brought intb hotchpot. Although he raised an issue in regard
to the existence of this property, the Subordinate Judgedoes not appear
to have recorded any dèfinitefinding on the subject. The defendant relies
chiefly upon a document, exhibit No. 232, which purports to be a
testamentary dispositidn, of his property made by Venkatrav shortIy
before his death. It enArnerates al1 the estate belonging to Venkatrav,
and distinguishes those portions of the rnoveable property which were
at the time in the possession of Madhavrav, Bhaskarrav and Ram-
chandradav, respectively. The defendant refers to this document as
showing that, at the tihe of Venkatrav's death, Madhavrav and Bhas-
lrarrav had a much larger share than he had of the family jewels and
other valuables, and he argues that the plaintiffs are bound to account
to his for him proper share of this property. We are mot aware of any
rule of evidence by viitue of which the statements contained in the
document, exhibit No. 232, could, even if the document be genuine, be
admitted as establishing the existence of property in the hands of the
plaintiffs. But, in fact, the document was considered by the Subordinate
Judge to be aforged document: and we see no sufficient reason for dis-
senting from hisconclusibn. The account given by the witnesses (Nos260,
262, 263 and 265) of thk manncr in which the document came into the
hands of the defendant at a late period of the suit is very unsatisfactory;
and, considering how much it was to the defendant's advantage that
effect should be given io Venkatrav's will, it is almost incredible that
for twelve years the witness No.260,who was in the defendant's employ,
should not even have informed his ~naster of the existence of the wili.
We have been referred to the evidence of a number of witnesses
(Nos. 178, 180, 183,184,18 t7 192,and 194) as showing that tlie plain-
tiffs have, at some time,tor other, been in possession of valuable orna-
1 ments and other moveable property. We havecarefully perused the depo-
sitions of these witnesses; but we find that they are of too vague a
character to enable us to Say with any certainty that the plaintiffs are,
or have been, in possession of any particular articles which are liatoe
partition, or, if such articles exist, to determine their nature and value.
It is clear that, until the present suit was brought the defendant never
thought of claiming a share in the moveable property in the hands of
the plaintiffs; and it is not likely that he would have acquiesced, from
Venkatrav's death in 1863until thissuit was brought in 1872, in such a
very unequal apportionment of the famiIy jewels, &c., as he now alleges
to have been made. On the whole, therefore, we are of opinion that the
Subordinate Judge properly declined to make a decree in regard to the
moveable property in favour of either party.
We amend the decree of the Subordinate Judge, and direct that the
defendant do deliver to the plaintiffs two-thirds of the property in the
village of Kameri which is mentioned in the plaint, and that theplâintiffs
do deliver to the defendant one-third of the house and other property
at Poona mentioned in the plaint, The rest ofthe plaintiffs' claim is,
for the reasonç stated in this judgment, disallowed.
The plaintiffs must bear al1costs throughout.
Decree varied.
Annex F. No. 23
,.c. SECRETAR OF STATE FOR INDIA IN I
1922 COUNCIL ........... <
Dec. 8 AND
LAXMIBA IND ANOTHER . . . . . Respondenls.
ON .4PPEAL FROM THE HIGH COURT AT BOMBAY
Saraniam-Grant of Revenue orofLand-Absence ofPresunzption-Right
of Resumfition.
A saranjam may be either a grant of the soil, and the whole
revenue derived from it, or a grant of the royal share of revenue
only. It must be determined in each case upon the facts what was
lPresent:Lord PhillimoreSir John Edge, Sir LawrenceJenkins,and Lord
Salvesen. ANNEXES TO REJOINDER (F NO. 29) 395
the quaLity of the original grant, although it may be that it is
ordinariIya grant of the royal revenue only.
Suryanarayana a. Patanna (1918 L).R.45 I.A. 209, and Chidam-
bara Sivaprakasa a.Veerama Reddi (1922)L.R. 49 I.A. 286applied.
In the present case, in ~vhichthe plaintiff's ancestor appearto
have been in possession of the land at the time of the original grant,
it was held, having regard to the language of the documents and to
other circumstances, that the grant was of the land; and that the
Governrnent, exe;cising the right of reçurnption, was entitled to
eject the plaintiff,tnot merely to reasses tland. Although there
was a certain onus upon the Government to justify its dispossession
of the plaintiff, tfiat was of little materiality, since a definite con-
clusion in fact could be drawn as to the qualityhe estate granted.
Judgment ofthe'Hi@ Cozlvt (I.L.R.41 B. 408) reversed.
APPEAL (NO. 56 of 1921) from a judgment and decree of the High
Court {December 22, 1916) reversinga decree of the District Judge of
Dharwar (January 6, 1913).
The suit was brought by one Gururao, since deceased and represented
by his widow the first: respondent, againsthe appellant, the Secretary
of State, and Vithalrao, the second respondent, to recover certain lands
forming part of the Hebli estate.
That estate had been granted by the Government of the Peshwa at
some date prior to 17j5 No sanad was in existence, but proceedings
before the Inam commission of 1858, which contained certain records,
were put in evidence.
On the introduction, of British rule the estate was enjoyed in two
moieties, one (which w?s not in question in the present proceedings) by
Lakshmanrao representing the senior branch of the family, and the
other by Ramchandrarao representing the junior branch. On the death
of Ramchandrarao in i818 the estate was continued, a nazrana being
paid. Each of hiç two sons entered into separate enjoymentof a portion
of their father's estate, and that was recognized by the authorities.
On the death of the elder son, which took place i1842 he estate was
continued to his son Pandurangrao above mentioned, on payment of a
nazrana. In 1858 the Inam Commissioner decided under the Inam Rules
that the Hebli estate was granted as a saranjarn, which is a political
tenure resumable by Government. In 1879 Pandurangrao executed a
document purporting to partition his estate among his four sons. Pan-
durangrao died in 18gg'and Government then resurned his estate and
bestowed it on the second defendant.
In 1907 Ramrao, a gtandson of Pandurangrao, filed a suit against the
Secretary of State claiming to be entitled to one-sixteenth share of khe
çaranjam, alleging itto be sarva inam and non-resumable, but his suit
was dismissed bothin the District Court andby the High Court at Bom-
bay on appeal (see I.L.K. 34 B.232).
The present plaintiff ,was another grandson of Pandurangrao, and the
second defendant was the son of Pandurangrao's eldest grandson. The
plaint alleged that the; Kebli estate wasa sarva inam, granted to the
plaintiff's ancestor, and that consequently the lands in suit were his
absoIute property.By an amendment the plaintiff raised an alternative
case as follows: "Sara~jam grant is a grant of the revenue only and
the Govemment cannot. resume the raitava rights which the plaintiff and
I396 ANNEXES TO REJOINDER (F NO. 29)
his ancestors have been enjoying from ancient times. And even if the
saranjam grant be of the soil, Government has no right to resume it.
And the estate in suit is partible."
The District Judge disrnissed the suit. He held that the cstate was a
saranjam and not a sarva inam. In his view the saranjam was a grant
of the land revenue only, but he was of opinion that the nght to hold
the lands was a part of the grant and that they were consequently resum-
able with the saranjam. He further held that under S.4 of the Revenue
Jurisdiction Act (X. of 1876) the Court had no jurisdiction to hear the
suit, Saveso far as the plaintiff had acquired occupancy rights apart from
the grant; and he found that no occupancy right had been acquired,
The learned District Judge in the passage in his judgrnent which is
referred to in the judgment of the Judicial Cornmittee, said in relation to
facts appearing in the Inam Commission proceedings: "Now as Hebli
was in the possession of Balvantrao in 1757-8 and was resumed by the
Peshwa in 1761 and given in farm to Balwantrao, and was in the follow-
ing year included in the saranjam grant to others who were merely
directed to pay a certain cash allowance to Balwantrao, it seemsclear
that uiider the original grant the right to hold the land was taken to be
a part of the saranjam and resumable with the saranjam." He atso found
that the documents showed that the nazrana had been levied not only
on the royal share of the revenue, but upon the entire revenue derived
by the saranjamdar, including that which he obtained in the same way
as an occupant of unalienated land.
Upon appeal to the High Court the plaintiff abandoned his contention
that the estate was a sarva inam, but upon his alternative claim his
appeal was allowed. The appeal was heard by Bachclor and Shah JJ.,
the former concurring ivith the judgment delivered by the latter learned
judge. The proceedings are reported at I.L.R. 41 B. 408.
Shah J. in the course of his judgmené said: "Now it is well established
that in the case of saranjam or jahagir (the terms being convertible)
the grant is ordinarily of the royal share of the revenue and not of the
soi1 and that the burden of proving that in any particular case it is a
gant of the soil lies upon the party alleging it: see Krishnarao v. Ran-
grao l; Ramchandra v. Venkatrao and Ramkrishnarao v. Nànarao 3...
On not a single occasion does the grant appear to have been made in
terms which urould indicate a grant of the soil or which would indicate
that the grant had any relation to the occupation of the lands. The
grantees were in prior occupation of the lands and they were continued
in possession of the lands without any liability to pay the royal share of
the revenue. It is also a settled rule in this Presidency that in the case
of an inam, where the grant is merely of the royal share of the revenue
and not of the soil, resumption rneans only the discontinuance of exempt-
ion from payment of land revenue, and that interference with actual
occupation is not allowable. The Government Resolution of 1854 is
clear on the point. This Court has consistently taken the same view as
to inams: see Vishnu v. Tatia 4,and Balwant Ramchandra v. Secretary of
State for India." He was of opinion that the decided cases supported
(1807 ) Born. H. C.(A.C.J.)1.
?
(1903)5 Born. L.R.983.06.
"~863) IBorn. 1-I.C. (H.C.R22.
(1905)I.L.K. 29 H.480, 498. AKNEXES TO REJOINDER (F NO. 29)
397
the view that the right to the possession of the land in the case of a
saranjam gant of the royal revenue did not form part of the saranjam
but was independent. He conçidered that it u7aç unsafe to infer from the
circumstances of the resumption and regrant by the Peshwa's Govern-
ment that the original grant was of the soil.
1922. NOV. 6, 7.Sir George Lowndes K.C. and Kenworthy Brown for
the appellant. Having regard to the decisions of the Board in Suryana-
rayana v.Patanna l and Chidambara Sivaprakasa v. Veerama Reddi
it should not be presumed that the grant was only of the royal share of
the revenue; the nature of the grant should be ascertained from the
evidence. If, however, the grant was of revenue, the District Judge
rightly held that the saranjam included the right to the possession of
the land, and that that right could be resumed with the saranjam. The
view of the High Court proceeded upon a misapprehension of the judg-
ments in Ramchandra v. Venkatrao and Ganpatrao Tnnbak Patward-
han v.Ganesh Baji Bhat 4,and upon the basis of "seri"right: see Wilson's
Glossary "Seri". Rajya v. Balkrishna Gangadfiao 6,which u7asrelied on,
does not touch the present case. A saranjamdar cannot, as ,seridar or
otherwise, become a permanent occupier adversely to Government.
The right as seridar iç not independent of the right as saranjamdar, but
part of that right ; it ceases upon resumption of the saranjam. The prin-
ciple to which s. go of the Indian Trusts Act (II. of 1882) gives effect
applies. If there is any presumption as to the nature of the grant it is
displaced by the evidence in this case. The history of the saranjam and
the terms oftthe documents appearing from the proceedings before the
Inam Commission show that the grant was of the soil. The original
sanad, as there recorded, refers to grants of the land in inam with any
hidden treasures. That the documents showed a grant of the soil is
supported by the judgment of the Board in Shekh Sultan Sani v. Shekh
Ajmodin 6;the sanad in that case is set out in Trimbak Ramchandra v.
Ghulam Zilani. ' On this point see also Vasudeo v. Collecter of Puna
and Raoji Narayan hlandlik v.Dadaji Bapuji Deçai. If the saranjam
was a grant of the soil it is clear that the Court had no jurisdiction.
(Ramrao Govindrao v. Secretary of State l0 referred to.)
De Gruyther K.C. and Pankh for the first respondent. The burden of
proof waç on the Government to establish that ithad the right, not
merely to reassess the land, but to dispossesç the plaintiff. There is a
presumption that a saranjam is agrant of revenue only; the decisions
in India to that effectare not touched by the recent decisions of the Board
referred to. The piaintiffs' ancestors had been in possession since before
1775, at which period the Government had not any property in the land.
A saranjam is partible only by consent of the Government, but in the
present case there were divisions of the land without any consent. If
1 L.R. 45 I.A.209.
L.R. 49 I.A. 286.
a (1882)I.L.R. 6B. 598.
(1885)I.L.R. IO B. 112.
(1905)I.L.R. zg B. 415.
0 (1892)L.H. 20 I.A. 50.
(1909)I.L.R. 34B. 329.
(1S73)IO Rom. H. C. 471, 474.
(1875)I.L.K. I B.523, 527,
ln(1909) I.L.K. 34B.232.398 ANNEXES TO REJOINDER (F NO. 29)
the gant was merely of the revenue the plaintiff hs the right to possess-
ion, although the Government can reassess. The terms of the grant so
far as they appear from the record, do not show that the grant was of
the soil: see Elphinstone's Report on Territories conquered from the
Mahrattas, pp. 22, 129. (Reference was also made to Etheridge's Nar-
rative of Bombay Land Commission, pp. 12,rg; and to the Inam Rules
(Bombay), 1898, rr. 5, 6.)
Sir George Lowndes K.C. in reply. The District Judge found that there
{vasno right of occupancy, and in the High Court it was not contended
that that finding was wrong .
Dec. 8. The judgment of their Lordships was delivered by Lord
SALVESEN T.his is an appeal against a decree of the High Court of
Judicature at Bombay, dated December 22, 1916, which reversed a
decree of the District Judge of Dharwar, dated January 6, 19x3. The
suit relates to a part of the Hebli estate, from which the plaintiff was
evicted by the Government on the death of his grandfather, Panduran-
grao. Their object in doing so was to prevent partition of what they reg-
arded as an impartible estate held under a grant of saranjam.
It is not necessaxy to recapitulate the facts, which have been very
fully stated in the judgment of the District Judge of Dharurar. or to
consider the majority of the points which were disposed of by him and
on appeal by the High Court at Bombay. The sole issue which rernains
for determination is whether the saranjam grant made by the British
Government in favour of an ancestor of the plaintiff was a grant of the
royal revenue only, or was a grant of the land itself, or of the whole rev-
enue of the land coupled with a right to hold it. The learned District
Judge held that the original grant by the British Government was a
grant of the whole revenue of the land, and that this carried with it the
right to make the best possible use of unoccupied land.The High Court
at Bombay in reversing his decision held that the grant was one of the
royal share of the revenue only and not of the soil. In reaching this
conclusion it is impossible to resist the view that the judges of the High
Court were much influenced by their view that there is a presumption
that a grant of saranjam is a grant of royal revenue only, and accord-
ingly that the b'urdenof proving that, in any particular case of saranjam,
it is a gant of the soil, lies upon the party alleging it. They reried upon
various cases cited and which at that time seemed to establish this prop-
osition. They had not, however, the benefit of two recent decisions of
this Board -namely, Suryanarayana v. Patanna ', and Chidambara
Sivaprakasa Pandara Sannadhigal v. Veerama Reddi2, in both of which
it was held that there is no such presumption.
In conformity with these decisions their Lordships are of opinion that
a grant of saranjam rnay be either of the soil and the whole revenue
derived from it, or a grant of the royal share of the revenue only. It
must be determined in each case upon the facts what was the quality
of the original grant, although it may well be thatit is ordinarilagrant
of the royal revenue only. It may be thatas the plaintiff was dispossessed
by the British Government in 1901 there is certain onus upon the appel-
lant to justify his dispossession, but this becomes of little materiality
lL.R. 45 I.A. 209.
L. R. 49 I.A. 286. ANNEXES TO REJOINDER (F NO. 29)
399
when evidence is adduced from wbich a conclusion in fact may be legit-
imately drawn. In the present case the oral evidence is of no value as
supporting the plaintifi's case, and an inference must be drawn one way
or the other from the documents that have been produced in the case.
These have been examined in detail by the District Judge, and their
Lordships concur generally in the result of his analysis. It is plain that
the original grant was made in respect of political services; and while
it isno doubt possible that the grantees were at that time the owners of
the estate, and that al1 that the grant was intended to give them was a
release from payment of the royal share of the revenue, there is nothing
in any of the documents produced which suggests such a limitation. On
the contrary in one of the early documents founded on the grant was
made expressly of the Kasba HebLiwith its hamlets and Watnahal, with
the Mahal Jukath and Mokassa "with the whole of the dues and cesses
and hidden treasures, exclusive, however, of the dues of Huckdars and
Inarndars" l, and the language of the other documents is in similar
terms. It is significant also that in the deed of partition executed by
Pandurangrao in 1879, the property partitioned is described as the
Jahagir villages of Kasbe Hebli and Majre Watnahal and the Mouza of
Talvai and Kurdapur "obtained from the British Government". Through-
out the documents there is no suggestion that what was conveyed was
merely the royal share of the land revenue. They assume throughout
that the whole revenut of the lands was conveyed to the grantees, and
the amount of the nazarana which has been levied from time to time
appears to have been based on the yearly revenue of the estate, "there
being no suggestion (as the learned District Judge says) that revenue
derived by the holder as occupant, as distinct from saranjamdar was
not liable to nazarana." Al1these considerations are .sufficient, in their
Lordships' opinion, to justify the inference that the original grant \vas
a grant of the soil.
Itis significantas bearing on the result at which their Lordships have
arrived, that the plaintiff inhis original plaint nowhere maintained the
view upon which the learned judges of the High Court proceeded. His
main claim was that he was a full owner of the property in dispute, and
that the estate in question was granted as sarva inam hereditarily in
recognition of the services which his ancestors had rendered in açsisting
the British in settling the country conquered from the Peshwas. This
claim was rejected by the District Judge and has now been admitted
by the plaintiff to be untenable. As an alternative to this claim, based on
the grant by the British Government, the plaint proceeds as follows:
"Saranjam grant is a grant of the Revenue only, and the Government
cannot resume the Kaitava rights which the plaintiff and his ancestors.
have been enjoying from ancient times. And even if the saranjam grant
be of the soil, Government has no right to resume it. And the estate in
suit is partible."
It is not clear what is meant by "raitava rights", but the statement
sufficiently discloses that they are rights of occupancy only and not of
The extract isfrom the hppx. A tothe decision of theInam Commissioner.
that appendix consistingf "The substance of documents produced by the jaghir-
of Watnahal." Thisdocumenttwasrreferred to asan original sanad of 24th Moharam,
A.D. 177r-z.-A.hf.T.400 ANKEXES TO REJOIYDER (F NO. 30)
ownership, and a claim of this kind was strenuously rnaintainedin the
lower Court with regard to the occupation of lands which were unocc-
upied at the date of the original grant. This latter clairn has now been
abandoned. In no part of the plaint is it possible to find a claim that the
saranjargnrant was a grant of the royal share of the revenue only.
It appears,however, that this point was argued, and it has not been the
practice of their Lordships to construe the pleadings too strictly, or to
exdude a plea, which waç not embodied in the plaint, from being made
an issue in the case. The fact, however, that it did not occur to then-
tiff's advisersto propound this contention on the evidence lvhich he
adduced has a bearing on the question as to the proper inference to be
drawn in fact from that evidence.
As the case was framed, the jurisdiction of the Civil Courtsin India
was apparently not ousted. But in the view which their Lordships now
take, the right ofthe Government to resume these lands could not be
questioned in the Civil Courts.
In the result their Lordships will humbly advise His Najesty that the
decree of the High Court at Bombay should be setaside and the suit
dismissed with costs, here and in the Courts below.
Solicitor for appellant : Solicitor, India Office.
Solicitor for first respondenE. DALGADO.
Annex F. No. 30
\
DECISION IISECRETAR OF STATE ZIGIRJAK.~ B~FORE
THEPRIVY COUNCIL ,927
and
Gi~j ABAI (pl,~intif/)
ON AYPEAL FROM THE HIGH COUKT OF BOMBAY
Saranjanz-Grant of Keve?zu+Savanjamdar taking Possessio~ton Deter-
nzi~aatioof Ir'haledar'sInterest-Resumption ojSaranjam-Extinction
of Saranjamdar's Interest.
Where land includcd in a saranjam grant of the revenue of
vilIages has passed into the possessio~i of the saranjamdar upon
the khatedar's family becoming extinct, or through his default
in paying the revenue, the saranjarndar's right therein ceases upon
resumption ofthe saranjarn. On the death of the saranjamdar the ANNEXES TO REJOINDER (F NO. 30)
401
Government is entitled to resume not only the revenue, but also
al1 rights and benefits which the grantee has secured by virtue of
the grant.
Quaere, whether a saranjamdar can create in favour of third
persons rights which do not terminate upon resumption of the
saranjam.
Ganpatrav Trimbak Patwardhan v. Ganesh Baji Bhat (1885)
I.L.R. IO B. 112; Hari Sadashiv v. Shaik Ajmudin (1886I).L.R.
II B. 235; and Gururao Shrinivas v. Secretary of State for India
(1916) I.L.R. 41 B. 408 (reverscd on the facts (1922) L.R. 50
I.A. 49),disapproved in law.
JwdgmenB ofthe High Cozsrt rezterssed.
APPEAL (NO. 116of 1925) from a decree of the High Court (AugustIj,
1924) varying a decree of the District Court of Nasik (February 28,
1920).
The suit was brought by Shivdevrao (since deceased, and represented
by his widow, the respondent) for a declaration of his right to possession
of certain lands in the village of Manmad. Shivdevrao was the adopted
son of Raghunathrao, who died in 1889.Raghunathrao was the holder
of-a saranjam gant originally made by the Peishwa to his ancestor
of certain villages, incIuding Manmad; the grant was not of the land
of the villages, but of the royal share of the revenue. Upon the death
of Raghunathrao the Government had resumed the saranjam. The
Commissioner had held that on the lapse of the saranjam the lands
in suit became the property of the Government, who were entitled to
assess them accordingly and to possession in default of payment.
The primary contention in the plaint was that the lands in suit were
not included in the saranjam, but were part of lands purchased from
the village patils in 1755 by Raghunathrao's ancestor; the pIaintiff
contended that the Government was estopped from denying the mirasi
rights of the family, and was barred by adverse possession. He further
contended, however, that if, as was held by the Comrnissioner, the
lands in suit had passed into the possessiofthe saranjamdars through
the khatedar's family becoming extinct, or on failurc to pay the revenue,
nevertheless he was entitled to possession.
The factçmore fully appear from the judgment of the Judjcial
Committee.
There were concurrent findings by both Courts in India:
(1. )gainst the alleged title by estoppel and by adverse possession,
(2.)ihat the lands were not included in the sale deed of 1755,
(3.) that the lands in suit originally belonged to khatedars or mirasi
tenants, and on their interests coming to an end, the saranjamdar had
assumed possession and caused hisname to be entered upon the village
papers.
The District Judge held that in the circumstances above stated
certain decisions of the High Court were conclusive that the saran-
jamdar could give hirnself the occupancy rights, and that these survived
the resumption of the saranjam. He held however that as Raghunathrao
had two brothers, the plaintiff's right extended to a third only of the
lands claimed.402 ANNEXES TO REJOINÜER (F NO. 30)
Cross-appeals were preferred to the High Court. While the appeal
was pending the decision of the High Court in Gururao Shrinivas v.
Secretary of State l,upon which among other decisions the District
Judge had relied, was reversed by the Privy CounciIa, The learned
judges who heard the appeal (Shah A.C.J. and Fawcett J.) considered
however that the view expressed in that case by the High Court on
the basis that the saranjam in question was a grant of the revenue
only was not affected by the reversing judgment in the Privy Council
in which it had been held that the grant was of the land itself. They
accordingly affirmed the view that the rights created by the saran-
jamdar in his own favour survived the resumption of the saranjam.
Fawcett J. however stated that had the matter been res integra, he
would have decided othenvise; in his view the saranjsmdar having
obtained occupancy rights merely by virtue of being saranjamdar,
those rights could not survive the saranjam. The learned judges rejected
the view of the District Judge that the plaintiff waç entitled to a third
only of the lands in suit and gave him a decree for the whole*
1927. May 3, 5, 6, 9, IO, 12, 13.Sir George Lowndes K.C. and Ken-
worthy Brown for the appellant. By r. 5 of the rules made in 1918
under Act XI. of 1852, a saranjam is a life estate only, consequently
al1 interest under the grant ceased on the death of Raghunathrao.
A saranjamdar cannot, lvhether as khatedar or othenvise, acquire any
permanent right against Government in the saranjam lands. He is
precluded from doing so by the principles enacted by S. go of the
Indian Trusts Act, 1882. Gururao Shrinivas v. Secretary of State for
India l,which was relied on below, was reversed on appeal to the
Privy Council: Secretary of State for India v. Laxmibai 2.The decision
of the Privy Council was on the ground that the grant was a grant of
the land, not (as the High Court had held) a grant of the revenue;
the present contention, though argued on behaIf of the appellant, was
not dealt with. The decision however was that the interest of the
saranjamdar ended; a fortiori it ends where the grant is of the revenue
only. Ganpatrav Trirnbak a. Ganesh Bajis, which was followed in
Hari Sadashiv v. Shaik Ajmudin 4,is against the appellant, but it waç
decided upon a misunderstanding of the judgment in Ramchandra V.
Venkatrao Further, the judgment appealed from relied on decisions
as to inams, but there are essential differences, statutory and othenvise,
between a saranjam and an inam; an inam is a heritable estate whereas
a saranjam is an estate for life. The judgment of the Privy Council in
Laxmibai's case6 shows that the inam rules do not apply to a saranjam;
if they applied that would have been conclusive of the case. [Reference
was made also to Vishnu v. Tatia7; Shekh Sultan Sani v. Shekh
Ajmodins; Ramkrishnarao v. Nanaraos; and Born. Reg. XVII. of
1827, SS. 40, 41.1
lI.L.R. 41B. 408.
L.R. 50 I.A.49.
9(1885) I.L.R.IO B. 112.
4 (1886) I.L.RII B. 235.
5 (1882) I.L.R. GB598.
L.R. 50 I.A. 49.
(1863)IBorn. H. C.(A.C.J.)22.
0 (1892) L.R.20I.A. 50.
(1903) 5'Bom. L.Rep. 983, 987. ANNEXES TO REJOINDER (F NO. 30)
4O3
De Gruyther K.C. and E. B. Raikes for the respondents. The onus
of proof was wrongly placed upon the plaintiff; it was upon the Govern-
ment to prove the title of ,the Government: Hanmantrav v. Secretary
of State for India '.That being so the possibility that the plaintiff's
predecessors acquired title under the sale deed of 1755 cannot be
excluded, and the findings to the contrary do not operate as concurrent
findings. But even if the lands were originally taken possession of by
the plaintiff's predecessor as saranjamdar the right to possession
continues. Under the Mahratta system of land tenure, which waç
continued by the British in 1826, the person bringing land under
cultivation obtained a permanent and heritable title, siibject to the
payment of a standard rent : see Elphinstone's Report, 182 1,republished
1838. The plaintiff's prcdecessors have been recorded as khatedars since
1820 for a large portion of the land in suit, and in land acquisition
proceedings they have been treated as owners. The Government thereby
recognized them as mirasidars, and is estopped. The saranjamdar was
nof in the position of a trustee. The rent being a standard rent there
was no conflict of duty. Government can resume only what it granted
-namely, the revenue; it is not material that the revenue is paid by
the saranjamdar as khatedar. That view is strongly supported by the
decisions of the Bombay High Court: Ganpatrav Trimbak v. Ganesh
Baji 2; Hari Sadashiv v. Shaik Ajmudin3; Rajya v. Balkrishna Gan-
gadhar4; Balvant Ramchandra v. Secretary of State for India6;
Gururao Shrinivas v.Secretary of State for India6. The reversal of
the last named decision by the Privy Council did not affect its authority
on the question now at issue. There is no distinction material to this
case between a saranjay, an inam, or a jaghir: Raghojirao v.Laksh-
manrao 7.niere being no distinction between a saranjam and an inam
the decision in Vishnu v.Tatia applies, establishing that the resumption
was not a resumption of possession but of the revenue. [Referencewas
made also to Bom. Reg. XVII. of 1827, SS. 1, 2,3, 6, 7, 12, 15, 17;
and Born. Act V. of 1879, ss. 45, 48, 52, 54,56, 72, 85, 217.1
Sir George Lowndes K.C. repiied.
July 26. The judgment of their Lordships was delivered by Lord
SINHA .his is an appeal against a decree of the High Court of Bombay,
dated August 15, 1924, which varies the decree of the District Court
of Nasik, dated February 28, 1920, and made in Civil Suit No. 5 of 1914.
The suit arose under the following circumstances:-
Manmad village, now grown to an important raiIway junction, was
held by the Vinchurkar--one of the lesser Mahratta chiefs-together
with many other villages in saranjam grant from the Peishwa, the
then ruler of the country. The last holder of the entire saranjam was
the late Sardar Raghunathrao Vinchurkar, cornmonly known as An-
nasaheb, who held it from 1836 till1889, when he died. On hiç deathbed
(1900)I.L.R. 25 B. 287289.
2.ILR. ro B. 112.
I.L.R.II B. 235.
(1905)I.L.R. 29B. 415.
(1908) I.L.R.32B. 432.
6 I.L.K.41 B. 408
(1912)L.R. 39 I.A.202.
(1863)I Born. H. C. (A.C.J22.404 ANKEXES TO REJOINDER (F K0. 30)
he adopted as a son the plaintiff Shivdevrao, but the Government
refused to recognize the adoption, and in 1892 re-granted half of the
saranjam to the late Sardar's brothers and their sons and resurned
the other half, which included hlanmad village. The adopted son,
though thus excluded from any share in the saranjam, would still be
entitled to the private as opposed to the saranjam property of his
adoptive father. Retween 18gz and 1gr3 there were disputes between
Government and Shivdevrao Vinchurkar as to certain lands in Manmad
(the subject-matter of the present suit) which he claimed as his adoptive
father's mirasi or private property by virtue of a sale deed of 1755.
These are five plots in the village site (describedAasto E inthe plaint)
and six plots of agricultural lands within the village limits but not
forming part of the village site,and described asploFsto Kin the plaint.
These disputes led to an order by the Commissioner of Revenue
G.D. on April g, 1913, whereby it was held that the lands in dispute
were not covered by the sale deed relied upon but "must have passed
into the possession of the Vinchurkars by forfeiture of lands through
the khatedar's (Le. modern occupancy tenant) family being extinct or
through default in the payment of land revenue". The Commissioner
held that on the lapse of the saranjam to Governrnent these lands
also became the property of Government, who thereupon became
entitled to levy not merely the Government revenue asçessed thereupon,
but the actual ground rent in respect of the plots included in the village
sites, the tenants being liable to pay these rents to Government and
not to the Vinchurkars; and, further, that in respect of the other plots,
Le., the agricultural lands, Government as owner was entitled to recover
from the Vinchurkars not the assessed Government revenue, but the
market rent, which was considerably larger, and in default of payment
the Vinchurkars were ordered to be evicted.
This order of the Commissioner was in due course given effect to,
and Shivdevrao Vinchurkar instituted the present suit for declaring
the Commissioner's order illegal and for recovery of possession of the
first fiveplots and an injunction against the threatened eviction in
respect of the other six plotsand for mesne profits in respect of both.
In his plaint he based his title primarily on the sale deed of 1755
above mentioned, by which the then Patils of the village conveyed
half of their rights to the anceçtor of the Vinchurkar. He also relied
on adverse possession "for over 150 years", and claimed that by virtue
of certain admissions at different times on the part of various Govern-
ment officials, Government was estopped from disputing the mirasi or
private rights of the Vinchurkar family. But he alleged as an alter-
native basis of his title, and apparently in view of the Commissioner's
finding, that "even if perchance the Court cornes to the conclusion
that the right of mirasi ownership ...did not pass to the plaintiff's
ancestors under the sale deed of 173.5 A.D., but that the properfy in
suit must have gone into the possession of the plaintiff's ancestors by
reason of the extinction of the khatedar's family or by reason of its
resumption for arrears of assessment, still no manner of right ïvhatever
has accrued or accrues to the defendant in law over the said property.
The said property is in law of the absolute personal and mirasi ownership
and vahiwat of the ylaintiff and his ancestors."
By his written statement the defendant denied al1 these allegations
of fact and submissions of law by the plaintiff, and contended that ANNEXES TO REJOINDER (F NO, 30)
4O5
the lands in suit were held by the plaintiff's ancestors as saranjamdars
and al1 saranjam rigIits, including the right to hold lands that had
passed into his possession and enjoyment by the death of the khatedars
without heirs or by forfeiture, had lapsed on the death of Annasahcb
and had heen resumed by Government (except as to one-half not now
in question).
On the question of title by adverse possession and by estoppel, both
the District Judge and the High Court held against the plaintiff, and
their Lordships see no rcason to differ from them.
Of the rernaining issues the first was as follows: Does the plaintiff
prove that he (i.e., his ancestors) purchased the suit land by a sale
deed of 1755 A.D.?
The District Judge held that the construction of the deed in question
presented some difficulty, for "it is in archaic language, and deais
with a state of affairs to which no one notv has the key", but on a
review of the whole evidence, including village papers and accounts,
he came to the concIusion that the lands sold by that deed did not
include the lands in suit, and he found the first issue in the negative.
The High Court accepted this.
Notwithstanding this concurrent finding, some argument was ad-
dressed to their Lordships to prove that some, though not all, of the
lands in suit are, in fact, covered by the sale deed o1755. After careful
consideration, their Lordships see no reason to differ from the finding
of both the Courts in India on this point.
Issue No. 2 was ta the following effect:-
Does the plaintiff prove that his ancestors became ownerç of the
suit lands either through forfeiture or through extinction of the khate-
dar's line?
The concurrent finding of both Courts on this issue appears to their
Lordships to be that the lands in suit originally beIonged to khatedars
or mirasi tenants, and on their interests coming to an end in the manner .
mentioned the saranjamdar caused his own name to be put in their
place in the khatss or village pzpers, and assumed possession of those
lands.
The only other material issue remaining to be considered is issue
No. 6-namely, Was the suit land included in the half of the saranjam
resumed by the Government? This was intended to raise the question
whether as an effect of the resurnption, the Government was entitled
to oust plaintiff from the possession of those lands. The answer depends
on the legal effect of the finding on issue No. 2.
Both the Courts below have answered it in the plaintiff's favour,
the District Judge, on the ground that he was bound by the decision
of the High Court in Gururao Shrinivaç v.Secretary of State for India
(tken under appeal to this Board and subsequently reversed), and the
High Court on the ground that the judgment of this Board on that
appea12, though it reversed the above decision of tkc High Court,
had not decided this particular point, with regard to which the High
Court was of opinion that decisions of that Court had established the
law in the manner contended for on behalf of the plaintiff. One of
the learned judges, Fawcett J., expressed his personal dissent from
l I.L.R.41 B.408.
L.R.50 I.A. 49. 40~ ANNEXES TO REJOINDER (F TYO.30)
that view of the law, but considered himself bound by previous decisions
of the High Court.
It is necessary, therefore, to consider what are the incidents of a
saranjam grant, and how far the same can be gathered from statutes
or judicial decisions, in the absence of the deed of grant.
But before doing so their Lordships think it necessary to deal with
two points argued by Mr. De Gruyther on the respondent's behalf :-
I.That the onus of proof has been wrongly placed on the plaintiff,
ïvho, having been dispossessed, was entitled to succeed unIess the
Government afirmatively proved its own title to the lands in question.
The plaintiff accepted the onus on the issues as they were framed.
Evidence Ras gone into on that basis, and the parties proceeded to
trial evidently on the assumption that the plaintiff could derive title
only in one or other of the ways rnentioned in paras. 2 and 3 of the
plaint. But for that, the procedure might have been different in many
respects, and it appears to their Lordships too late to raise any such
question at this stage.
Their Lordships would further observe that no basis of title other
than those rnentioned in paras. 2 and 3 of the plaint has up to the
last been suggested on behalf of the plaintiff.
2. The second point was that the village papers, kept by the village
officials, having entered the name of the Vinchurkar as khatedar in
respect of the lands in suit,this must be taken to have been acquiesced
in and accepted by the Collector on behalf of the Government, and
it arnounted in effect to a new agreement for a permanent tenancy,
which remained unaffected by the subsequent resumption of the saran-
jam. This is a new case not suggested till the Iast moment, and even
if their Lordships were inclined to entertain it (which they are not)
it seems to have Zittle foundation in fact. The position of the saran-
. jamdar enabIed hirn to have complete control over the management
of the village and the village officials, and there is no reason to assume
that these entries, or the papers themselves, were in any way brought
to the cognizance of, or acquiesced in, and rnuch less sanctioned by
the Collector.
It is no doubt correct to Say, as Shah J. does, that "the fact that
the saranjamdar is in a sense a life tenant does not alter the ordinary
incidents of a grant by way of saranjam."
But what those ordinary incidents are, must be ascertained, when
there is no deed of grant forthcoming, from (a) the evidence, if any,
in the case; (b) from legislative enactments; and (c) frorn judicial
decisions. Failing al1 these, there would be nothing else but general
principles of law to apply.
Now we find from Wilson's Glossary that amongst the Mahrattas
the term "saranjam" was appIied specially to a temporary assignment
of revenue from villages or lands for the support of troops or for personal
military service, usually for the life of the grantee; also to grants made
to perçons appointed to civil offices of the State to enable them to
maintain their dignity, and to grants for charitable purposes. These
were neither transferable nor hereditary, and were held at the pleasure
of the Sovereign. They were divided into two classes-namely, (a)
grants of revenue only, i.e., of the royal share of the produce of the
lands comprised in the grant, and (b)grants of the soi1itself. It would ANNEXES TO REJOINDER (F NO. 30)
4O7
seem to follow from the nature of saranjams that whether they were
grants of the soil itself or of the revenue only of specified lands, they
could not and were not meant to interfere with rights in those lands
existing previously to and at the time of the grant. If and so far as
there were occupancy tenants on those lands, they would retain their
right of possession (whether it can be called ownership or not is im-
material) but subject to paying the assessed land revenue (Le., the
royal share of the produce) payable before the grant to the Govemment
and after the grant to the grantee. On principle, the grantee would
not, unless specially authorized, be able to convey a title larger than
his own. He could not convey a permanent title to any portion of the
land, either by sale or by lease. Such sale or lease might be good as
against himself but would be void as against the grantor.
In the case of a grant of the soil itself, it has been decided by this
Board that, on the grant coming toan end, the Government representing
the original grantor isentjtled to resume actual possession: Secretary
of State for India in Council v.Laxmibai l.But is is urged that inthe
case of the other kind of grant, Government can take back onIy what
it granted-namely, the royal share of the produce; in other words
assess the land revenue payable in respect of the land, but it cannot
interfere with the possession of the grantee. This would be quite
consistent with principle, if the grant made the grantee a charge-
hoIder pure and simple. But if the grant also conveys by implication
or othenvise the right to take possession of the land itsdf under certain
circumstances, it is difficult to hold that though the charge rnight
corne to an end the possession taken under and by virtue of that charge
should still continue, or, as Fawcett J. put it, that the incident should
survive the grant.
There is no legislative enactment which is applicable in the circum-
stances of this case. The Saranjam Rules of 1898 do not apply proprio
vigore, as this saranjam was resumed in 1892, and even if they can
be held to be rnerely declaratory of the previous law, they do not
throw any light on the question under consideration.
9s regards judicial decisions, those with regard to inams do not
seem to be necessarily applicable. The word inam is sometimes vaguely
applied to al1 grants of revenue-free land, without reference to perpe-
tuity or any specific conditions. But it would be unsafe to apply to
a peculiar grant like the Mahratta saranjam rules which were held
applicable to grants in perpetuity.
Shah J. refers to what he calls a "long course of decisions" in Bombay
as establishing two propositions. The first is admittedly overruled by
the above mentioned decision of this Board in Secretary of State v.
Laxmibai. His second is that in the case of a saranjam grant of the
royal share of the revenue, it is open to the grantee to make the best
use of the grant for hiç own benefit, i.e., to appropriate the lands to
his own use, subject to the payment of the royal share of the revenue
and to create rights of occupancy in his own favour or in favour of
third parties.
On examination it appears that there are only three decisions which
directly bear on the point-namely, Rarnchandra v. Venkatrao a;
l L.R. ga I.A. 49.
I.L.H.6 B. ,598,40~ ANSEXES TO REJOIKDER (P NO. 30)
Ganpatrav Trimbak Patwardhan v. Ganesh Baji Rhat l; and Har
Sadashiv v. Shaik Ajrnudin 2.
In the first of these cases Melvill J. saida: "The saranjamdar may
deal with al1 unoccupied lands as may be best for the purposes of
revenue, and rnay either cultivate them himself or through tenants."
And it was observed by Batchelor J. in Balvant Ramchandra v.
Secretary of State4 that since the judgment of Melvill J. i~i1882 the
law iii Bombay has always been that a grantee of the revenue is entitled
to make such profit as he can out of the unoccupied lands.
But this is very far from holding that the right to make such profit
survives the grant and continues after the grant has been resumed.
This construction wris, however, placed on the words of Nelvill J.
quoted above in I.L.R. IO B. 112, where Sargent C.J.,after quoting
the passage from Nelvill J.'s judgment in I.L.R. 6 B. 598,paraphrased
it as follows: "or, in other words, that the saranjamdar may acquire
occupancy rights which ..remain unaffected by the resumption of the
saranjam, except as to the assessrnent thenceforth payable to Govern-
ment".
These observations were not necessary for the decision of that crise,
and their Lordships are unable to agree that the language of IVIelvill J.
in I.L.R. 6 B. 598 bears the meaning or has the effect attributed to
it by Sargent C. J.
The same observations would apply to the case in I.L.R. II B. 235.
The Government was not a party to either of these cases, and the
lands in dispute were held on the evidence in both cases to be the
private property (sheri lands in the one case and mirasi lands iii the
other) of the grantee. Their Lordships are therefore unable to hold
that there is any long course of decisions in the High Court of Bombay
laying down with regard to saranjams of this nature the broad rule
enunciated by Shah J.-that the grantee would be entitled to create
in his own favour occupancy rights in lands unoccupied at the time
the grant was made or held by others then but forfeited on one ground
or another during the subsistence of the grant.
The question whethcr he could create such rights in favour of third
perçons by virtue of the powers of management abovc referred to
does not arise in this case, and their Lordships refrain from expressing
any opinion upon the point. But their Lordships hold that he could
not create such rights in his own favour and that when the saranjam
was resumed, the Government became entitled to resume not only the
land revenue, but also a11the rights and benefits that the grantee had
secured by virtue of his grant.
Their Lordships ail1 humbly advise Hiç Majesty that this appeal
should be decreed with costs and the plaintiff's suit dismissed with
costs in both the Courts in India.
Solicitor for appellant: Solicitor, India Office.
Solicitors for respondent: T. L. WILSOX & CO.
I.L.R. IOB. 112.
*I.L.R. G B.j98, 608.
' I.L.R. 32B. 432 AN-JEXES TO REJOINDER (F NO. 31)
Annex F, No. 31
Vol. 1
Next in order corne for consideration the service tenures, generally
known as Watans in the Bombay Presidency, Watan was ment~oned in
Bombay Reg. 1 of 1823 and Born. Reg. XVII of 1827 as a tenure recog-
nised by the custom of the country.
In India, at least in the Bombay Presidency, hereditary service-public
or private-was the rule, and it was customary to remunerate the services
by cesses and taxes or by interests granted or
rem dit^^ rruire. conferred in lands. The offices the duties of which
were rendered heieditarily appertained not only to villages but also
parganas or diitricts, and were useful not only to Government but also
to the village community. In this connection it isinteresting and desir-
able to have some idea of the constitution of the village cornmunrty of
former times. The inhabitants of a village were divided into several
classes which resulted from private interests and conventional forms.
village o~cers. The two divisions were the cultivators and
the office-bearers. The latter were calledhe balutedars
and alootedars in the Deccan and the Southern Maratha Country, and
Wuswaeeyas in Gujrat. The office-bearerswere required to render certain
services and were entitled to certain huks and perquisites from the
villagers.Even if the villagers decliried to employ the services of the
office-bearers the former were bound to pay the latter their huks. The
village staff,in some places called the village community, were pubkc
servants of the village and had to discharge certain duties. The dut~es
they had to perform were in some cases useful to Government, the
services they were rernunerated by some interest in land created or
conferred by the State, and some perquisites or payments from vill%ers
direct, called the paranhara huks.
AS there were the village officers iiseful to Government such as the
~i~t~i~toacersm Patel, Ltadar (in Gujrat), Kulkarni, Mahar &cc. so
there were the Pareana (district officersl useful ta
Government. They bore different na&ç in 'the different parts of the
Presidency, such as Deshnukh, Deshpande, Sirdeshpande, Sirdeshmukh,
Sirdesai, Nadgavda, Afadlrarni, Dehaikulkarni, Mujmoodar, &c. As they ANNEXES TO REJOINDER (F NO. 31)
41°
were the officersnot only of the individual villages but of Parganas, that
is,groups of villages, their remunerations were natuaily of considerable
extent and value. They held and even now hold entire villages in Inarn-
inams of the district officers in the Southern Maratha Country were and
are called desgat or deskat inams. The lands were and are called Chavrat
lands, probably because their dimensions were mentioned not in bighas
but in Chahoors (a Chahoor being a land measure containing 120 bighas
or from 96 to 102 acres).
The following, among others, were the duties which the district here-
ditary officers had to perform in old times:-To frame an abstract of the
Jarnabandi settlement of each village and of the mahal or pargana; to
countersign receipts for cash transmitted from the several villages ; to
prepare summary statements of al1 collections and balances; to keep a
register of the villages of his district specifying the tenure and the man-
agement of each; to keep a register of inam villages and lands; to keep a
register of pensions, warshasans, devasthans, of mirasdars and other
heriditary occupants; to keep a register of lands given on Cowls (leases);
to prepare a general statement of the population of his pargana; to write
any papers ordered by the Mamlatdar when his leisure would permit ; to
examine the village accounts and to report any defects; to assist in the
preparation of the population returns and their divisions, and to ex-
amine, verify andattest the registers of births, deaths and migration in
their villages.
Besides these there were a number of hereditary officers rendering
service to Government, such as the potdars weighing and assaying public
money, the Shetias or the bazar masters, ghatpandes-officers in charge of
toll-offices at Ghats, and others. Some persons had to serve hereditarily
in the Salt and Custom Departments astolats (weighers of salt). Even
now at some places they have to work personally or to supply some hands
to discharge their duties and are remunerated by some hereditary cash
allowances.
Thus hereditary Officers may roughly be divided into (1) those of a
pargana or districtand (2)those of a village; the latter being sub-divided
into (3) those useful to Governrnent and (4)those useful to the village
comrnunity. Officers useful to Government are useful (5) in police and
revenue concerns, or (6) in concerns other than policy and revenue.
Officers in police and revenue concerns have been sub-divided into
(7) superior officersand (8) inferior officers. Hereditary village officers
useful to village community are either (9) those who actually render
service or(IO) those who have ceased to render any service, and cannot,
therefore, be said to be servants at all.
The expressions "watan". "watandar" and "hereditarv officer" were
~~~~i~~ if watui. never defined before 1874. 1827 and VI of 1833 and
Act XI of 1843 considerablv dealt with hereditary
officers, theirrights, liabilities and remuneration. Watan meant, and
even now is understood in the Ratnagiri District to mean ancestral,
hereditary property. It was not and is not, according to this rneaning,
connected with any idea of service and the remuneration therefor. The
words "Watan", " Watandar", "Heriditary Office" and "Hereditary Offi-
cers" are for the first time defined by Bombay Act III of 1874, and are
understood, since the introduction of the said Act, in a technical sense.
In old times ali hereditary servants whether of a pargana or of a
village, and whether they rendered service to Government or to the ANNEXES TO REJOINDER (F NO. 31) 41 =
village community, were regarded as hereditary officers. Act XI of
1843 recognized only the hereditary servants
Hereditaryoffice. rendering service to Government as here-
ditary officers under the AXT. Under the Act of 1874 the circle
of the hereditary officers has become more limited. Hereditary offi-
cers under that Act mean perçons hereditarily holding any office for
the performance of .duties connected with the administration or
collection of the public revenue or with the village police, or with the
settlement of boundanes or other matters of civil administration.In
short, hereditary servants rendering service to Govemment in police and
revenue concerns are the only hereditary officers underthe Act of 1874.
Hereditary officers rendering service to the village community are not
within the definition. Accordingly carpenters, harbers, washermen, Kazis
and others are not recognized as hereditary officers. The pargana officers
such as, Deshnukhs, Deshpandes, Majmudars, Nadganaudas (although
their services have ceased to be demanded) and the village officers, such
as the Patel, Gauda, Matadar, Kulkarni, Mahar &c. are the only officers
or servants falling under the definition of "Hereditary Officers" under the
Watan Act.
The hereditary office and its remuneration together constitute the
watan. Both the remuneration and the officego hand in hand. A person
having an hereditary interest in a watan is a watandar. He must be the
actual owner or holder of a watan, or must be a person having a vested
interest in the watan. A person having mereIy a spes succesçionis-a
mere right to succeed-is not a watandar. Thus during the life-time of a
watandar his wife or daughter is not a watandar, because they have a
mere chance to succeed.
Gradually steps were being taken to seule the questions reIating tothe
duties and services of hereditary officers and their emoluments. Practi-
callv the first step in that direction was the abolition ofofthe direct
.cesses and taxes, Kalee imposts, that is, cesses and taxes on cultivated
lands and Pandhree imposts, that is, cesses and taxes on trades and
professions stand abolished from 1839 and 1844 respectively. The next
step was to limit,asfar as possible, and at least as asGovernment was
concerned, the rule of hereditary service. This is to a certain extent
apparent from comparing the circles of hereditary officers under AcXI
of 1843 and Bombay Act III of 1874. Besides, sometime about the
year 1862, commissions were appointed for making enquiries as to
district hereditary officersiiiGujrat, and Deccan and the Southern
Maratha Country. The reports made by the
commissions were printed for Government in
1865-66 in Government Selection No. 174 new series. Settlements were
effected with the Pargana Watandars under which Government remit-
ted, or agreed not to enforce the liahility for service on condition of
taking annually a fraction of their remuneration from the Watandars.
TheGujrat settlenien tsaregenerally known as the Pedder's settlements ;
and the settlements in the Deccans and the Southern Maratha Country
are known asGordon's settlements.The settlements have been confirmed
by the Act of 1874.By reason of the settlements the pargana oficers
have ceased to render their usual services, but their watan properties
continue as watan properties in matters of alienation and succession
except in exceptional cases.412 ANNEXES TO REJOINDER (F NO. 31)
On account of civilisation, liberty of action and other causes of similar
nature the services of some of the balutedars or wussaweeyas (hereditary
village artisans) have ceased to be demanded. Government too does not
want to force the services of those artisans on unwilling customers.
Consequently at the time of Surveys Government increased the Joodi or
quit-rent on their original service inam lands. Their lands have become
their ordinary private property without any obligations as to service
and not liable to pay anything in excess of the fixed Judi (quit-rent)
and local cess.
Settlements were also effected with holders of inam lands or villages
rendering service to village communities, such as village astrologers
(Joshis), Village priests (Uyadhyayas, Jangam etc.). Under the settle-
ments the office-holders agreed to pay Chauthai (one fourth) or, any
other fraction of the assessment as quit-rent over and above the old
(mamul) Judi or quit-rent. Government recognised the title of the office-
holders and guaranteed the continuance of their inams as long as their
services were required to the community. The settlements not only did
not affect but affirmed the rights of the village comniunity for services
from those hereditary officers. Their inams are service tenures, their
offices hercditary offices, but not under Watan Act of 1874. The incum-
bants have no interest in the property beyond life.
Thus were settled the questions relating to the services and the emolu-
ments of hereditary officcrs except the village hereditary officers falling
under Bombay Act III of 1874, an Act declaring and amending the law
as to hereditary officers. Before that Act there were no regular enquiries,
and binding decisions arrived ai. The ColIector had, no douht, under
Regulation XVI of 1827 to record in a book, kept for that purpose, the
land and allowances attached to hereditary district orvillage officesThe
duties and the respective rights of hereditary officers inter se were not
deterrnined. Under the Act of 1874 it became one of the duties of the
collectors to prcpare and keep watan-rcgisters in
Watan Register' forms prescribed bv Government from time to time.
The Act provided for the preparation and lreeping of two rcgisters, one
register of lands and allowances in consideration whereof liability to
perform service exists, and another of lands and allowances in respect of
which no such liability exists. In the register of lands and allowances in
consideration whereof liability to serve existed and exists the Collector
had and has to specify :
(a) The area of the lands, the names of the occupants, the survey number
and assessment, the quit-rent, if any, leviable, and the net revenue
alienated by Government, the amount and nature of the cash or
other allowances, the source from which they are payable, and the
land and allowances assigned for the remuneration of officiators.
(b) The nanies of the heads of families and of the representative wa-
tandars.
(cj Whether the service isperformed by one representative watandar or
otherwise; if by several in successive periods, the order in which they
are to succeed each other.
(d) The proportional share of the watan possessed by each head of
family.
(e) The number of officiators required to perform the duties. ANNEXES TO REJOINDER (F NO. 31) 413
Bombay Act III of 1874 also made it the duty of the Collector to
determine, which was necessary for the preparation of theWatan Regis-
ter, the custom of the watan as to service and what persons shall be
recognised as representative watandars and to register their narnes. The
Act prescribed certain rules and principles which had to be followed in
determining the above matters. As the Civil Courts were competentto
--J-----tt~ ~ ~f a civil nature andas the CoIlector was also empowered
to decide certain matters, na&rally a
Jurisdiction of the CivilCourts. auestion aroçe as to the iurisdiction of
the civil courts in such rnatters. The Collector and the ~ollector alone
can admit any members of Watan family to the class of representatives
capable of officiating under the Act of1874. This he would have to do on
an investigation made by himself according to his own Judgment, not
according to the views taken by the Civil Courts. The Act seems to
exclude, by direct implication, any right on the part of the civil courts
to declare that persons are eligible to serveas hereditary officers falling
within the scope of the Act. The Civil Courts have no jurisdiction to
register any person as a representative watandar or to direct that he
should be so registered by the Collector.
The Collectors proceeded with their work, have determined the customs
of watans as to service and have determined as to what persons in a
watan family or what persons in the different branches of watan family,
if divided, shall be recognised as the representative watandars and
already registered their narnes.
Thus the questions as to service and the emoluments (consisting of an
interest in land or cash allowance or other perquisites) of al1the heridit-
ary officers have been settled and put at rest.
When no watan exists, it is declared lawful for Government to create
Creation' one, and in so doing to assign such property of Government
as to Government may çeem fit. The Collector may combine
two or more watans held for the performance of similar services in the
same village or parts of the same village.
The titles and continuance of the tenures for service to Government
Continuance' are to bedetermined under such rules as Government may
find it necessary to issue from time to time. The rules now
in force concerning the resumption and continuance of lands heId for
service were issued by His Excellency the Governor in Council in 1902
and slightly amended in 1904.
The most irn~ortant rnatters in considering the subiect of watans
are the performance of &vice and the remunera-
Liability for Service' tion therefor. Ali watandars of whatever denom-
ination whose liability to serve has not been commuted are legaly bound
to render such service as has been customary or as is required by law.
That was aiso the law in old tirnes as one finds in Born. Reg. XVI of
1927. The duties appertaining to any hereditary office under the Watan
Act shall be performed by the representative watandars, or by their
deputies or by substitutes and by no other persons. The person actually
performing the duties of any hereditary office for the time being is called
the Officiator. Every representative watandar whose duty it is to offi-
ciate shall, if a fit and proper person, perform the duties of the hereditary
officehimself on being so requiredby the Collector, but may be permitted
by the Collector to appoint a deputy.4I4 ANNEXES TO REJOINDER (F KO.' 31)
Underage, overage, want of certain amount of education, lunacy,
imbecility, and general bad character are, among
DisqualificatiOns. others, the general grounds which render a person
unfit to officiate. Females are disqualified to act.
It was and even now is the practice for the watandars to appoint
Deputies. gumastas (dupties) . In old times hereditary guinastas werc
in sorne cases appointed and they were denominated as
watani gumastas. Before the passing of Bombay Regulation XVI of
1827 the creation of a permanent deputyship coupled with an assign-
ment of a part of the watan propertv was permissible, valid and binding
on the successors. The practice of appointing deputics was in 1848
stronglydepreciated by the Local Government. It was stated at that time
that the institution of pargana watans must have had in view to providc
a body of public servants of a permanent character, who, from the
constant residence and ernployment in their villages or districts would
acquire and perpetuate a knowledge of the minutest details. The very
abject of the institution is lost by their being allowed to sit at home at
eaçe, doing al1 tlieir duties by employing deputies-men removable at
their yleasure, and who can take no permanent interest in their work.
It is only in cases of nonage, or mental or bodily infirmity that the
regulations recognized the right to employ deputies by other than
fernales. After the passing of Born. Reg. XVI of 1827 appointment of
deputyship and assignment of proyerty is not valid and binding against
the successors of the watandars making the appointments. What was
said by the Local Government as to pargana officers must apply also to
hereditary village officers.
During the suspension of an officiating representative tvatandar or
deputy, and during any vacancy, the duties shall temporarily
be perforrned by asubstitute, whether a watandar or not,
appointed by the Collector.
It may be mentioned here, though the matter is not ofmuch impor-
tance, that when there is a service commutation settlement effected with
respect to any watan no service which ordinarily appertained to the
watan has to be performed.
Watan property being property held, acquired or assigned for provid-
ing remuneration for the performance of the duty appertaining to an
hereditary office is, ia sense, a trust property and must always be
forthcoming for providing remuneration to the officiator. The Collector
was and is emyowered to assign a certain portion of the watai~ property
forthe remuneration of the officiator. The portionso assigned is liable to
be decreased or increased as circumstances require. From the nature of
things there ought to be some provision preventing the dissipation of the
said property by alienations.
Watan prope-ties were alienable before 1827. In that vear for the
first time restrictioncame to be imposed upon
*lienation of Watans' the establishcd riaht or vractice of alienation.
The restrictions came to be re-stated in187~. ~helan~ua~e in which the
restrictions were expressed in1874 was vague and ambiguous and had to
be amended in 1886 by Bom. Act V of 1886.
The restrictions on alienations now stand in the followi~ig way,
name!y : AXh'EXES TO REJOINDER (F SO. 31) 4I5
. .Without the sanction of Government it shall not be competent
(a) to a watandar to mortgage, charge, atienate or lease, for a period
beyond the tenn of his national life, any watan, or any part
thereof, or any interest therein, to or for the benefit of any
person who is not a watandar of the same watan;
(b; to a reyresentative watandar to mortgage, charge, Iease or
alienate any right with which he is invested as such under the
Watan Act.
(2) In the case of any watan in respect of which a service conimutation
settlcrnent has been effected either under section 25 of the LVatan
Act or before that section came into force, the above clause shall
apply to such watan, unless the right of alienating the watan without
the sanction of Governrnent is conferred upon the watandars by the
terms of such settlement or has been acquired by them under the
said terms.
Watan property assigned as remuneration of an officiator and the
profits of Watan property so assigned shall not be alienated or assigned
to any person whatever without the sanction of Government, and are
not liable to process of Civil Courts.
To siipplement the prohibitions against alienations provisions are
made empowenng the Collector to interfere in cases of alienations
contrary to the prohibitions.
There are three ways by which he rnay proceed. He may siibmit him-
Co'lèctor'sinterference' self to the jurisdictionof the civil courts by
hringing a suit; or if the alienation is or ir
going to be effected through the process of ariy cirril court, he may send
a certificate of a particiilar kind; or l-iemay himsel: malce an inquiry,
declare an alienation nul1 and void and restore the watan property to
the person entitled.
When the Collector has forrnalIy issued a certificnte the Civil Court
shall, on receipt of the certificate, rerno\-eany attachment, or other
burdens then pending, against the said watan, or aily part of profits
thereof, and shall cancel the decree or order cnmplained of so far as it
concerns the said watan or any part or profits thereof.
CoIlector's interference, when itis nnt hy a suit in the civil courts, is
not affected or govcmed by any Iaws of limitation. But it is to beborne
in mind that the Collector cannot interfere wherc the alienation does not
offend against the provisions containing the restrictions on alienations.
The fact that thc Collector rnay take an action for restoration of the
Watan property does not prevent the person entitled thereto from
seeking remedies in, or enforcing hiç rights through civil courts.
It has to be remembered there that the lands or othcr properties
forming remuneration of the village officers rendering service to the
village community arc not alienable beyond the officiator's life time.
Wereditary offices whethcr religious or secular were treated by the
Hindu text-writers,as naturally indivisible; but modern custoni whether
or not it he strictly in accordance with the ancient law, has sanctioned
such partition as can be Iiad of such property,by means of a performance
of the duties of the officeand the enjoyment of the eniduments
Partition'by the differcnt copvrcenon inrotation. It may be stated gener-
ally, and not with refcrcnce to any species of watan, that watans are416 ANKEXES TO REJOINDER (F NO. 31)
ordinarily partible,and impartibility is merely an exception which may
be established by a family custom.
When a watan is broken up into two shares or takshims, those shares
or takshims do not constitutescparate watans. A watan by thepartition
thereof is not split up into two distinct watans.
There seems, however, one peculiarity about division of watans, and
it is that the Collector is not bound to recognise any subdivision which
he considers to be contrary to any custom of the watan as to service
detemined by him.
In the Bombay Presidency watans are heritable. They are not here-
ditary in the fullest sense of that expression. The persona1
Inheritance. law of watandars is slightly affected by positive enact-
ments. The important deviation from the persona1 law is the case of
females other than widows of the last male holder of the watan. The
special provision about succeçsion now is that every female member of
a watan family other than the widow of the last male owner, and
every person claiming through a female shall be postponed in the order
of succession to any watan, or part thereof or interest therein devolving
by inheritance after Born. ActV of1886 came into force, to every male
member of the family qualified to inherit such watan, or part thereofor
interest therein. It ha. to be remembered that this spccial rule of succes-
sion has been hcld applicable even to watans settled under Gordon's or
in the case of propcrties to which Summary Settlements were appIied,
because in such a case there is the previous decision by Government that
they are not watan lands (service lands). Being private (non-watan)
properties theyare not subject to the special rule of succession laid down
by Born. Act V of 1886.
In watans the ordinary law of adoptions, where by the persona1 law
adoptions are permissible, remains unaffected by the Watan
Act. The Act only requires a notice of adoption to be given
to the Collector. This general rule as to adoption is subject to specific
agreements in particular cases between watandars and Government
whereby the ordinary rights as to adoption have been curtailed.
When a representativc watandar dies it is the duty of the Patel and
village accountant to report the fact to the Collector; and the Collector
shall, if satisfied with thetruth of the report, and subject to the law as to
çucceçsion register the name of the person apyearing to be the nearest
heir of such watandar as representative watandarin place ofthe watandar
so deceascd. Civil Courts possess the jurisdiction to declarea pers on^as
the nearest heir ofa deceased representative lvatandar. This jurisdiction
is affirmed by S. z of Bom. Act III of 1910 which substituted a new
section forS. 36 of the Act of 1874. To a suit fora declaration that the
plaintiff is the nearest heir of a deceased reprcsentative watandar
brought for the purpose of getting an entry made by the Collector
modified, the Collectorisnot only not a necessary party, but such a suit
cannot be brought in the Civil Courts against Government or the Collec-
tor. That was the case law before 1876 a.d is now the positive law under
the Revenue Jurisdiction Act of 1876.
It is now the settied law that the Civil Courts have power to declare a
JurisdictionOf cou*s' person tothestatus of watandars. Bombay
Act III of 1874 in giving the Collector
Jurisdiction to pronounce who amongst the watandars shall be represen-
tative does not give him jurisdiction to determine who, in disputed ANNEXES TO REJOINDER (F NO. 32) 4I7
cases,shall be watandars within the definition given in the Act. A parti-
cular mode of dealing between persons whose relative status is un-
questioned does not extend to the determination of a question as to the
status itself, and where the question is as to theaintiffright to rank
as a watandar in a watan, the jurisdiction of Civil courts over the dispute
does not admit of serious doubt. Generally to the same effect are the
provisions ofS. 4 cl.'(a) of the Revenue Jurisdiction Act (X of 1876)
which bar the cognizance of the Civil Courts in cértain'matters connected
.. - -. . . . .
Watan properties are like other properties subject of the law of limita-
tion. The restrictions on alienationç of watans do
Adverse possession. not prevent the operation of the Statuteof lirnita-
tion. The plea of adverse possession is available in respect of watan
lands as weUas in respect of other immoveable properties. It iç a settled
principle that in matters of limitation and Tes judicata a succeeding
watandar, except in some cases, claims under his predecessor. Adverse
possession for twelve years during the life-time of one holder of service-
watan lands is a bar to succeeding holders; so also adverse possession
comrnenced in the life-time of one watandar avails as against the sub-
sequent watandars and will not be stopped by his miiiority at the death
of such preceding watandar.
A watan estate might be extinguished in more ways than one: such as,
by surrender, eçchcat, forfeiture and otherA. watandar
Extinction' rnay relinquish his\vatan, but he must, ifthe wants to
relinquish, relinquish both the office (its duties) and its remuneration or
emolumcnts. He cannot retain the property and relinquish the service or
refuse to do it. Relinquishment of u7atan property does not relieve the
watandar from his obligation to render service. A watan being as ser-
vice-inam (an inam held conditionalIy on the performance of certain
services) is IiabIe to resumption or forfeitiire if the services are not
required at alI, or, being rcquired, the watandar refuses to render them.
A watan is liable to be forfeited for conviction by certain Criminal
Courts of the watandar for certain offences.
Annex F. No. 32
(ENGLIS H ECORDS OF MARATH A ISTORY V,OL.13. Page 430.)
The wisdom and justice of taking for the basis of the new system of
administration the existing institutioof the country except when they
are inconsistent with reason and equity and of avoidinany innovations
not indispensable for theremoval of gross corruptions and abuses, are
incontestable and the earnest desire shewn for the conciliation ofal1
classes of inhabitants, the preservation of their just rights and the sec-
urity of their persons and property, the abolitiof the farming system
and al1the intolerable grievances resulting from it and the introduction
of a moderate and equitable assignment, the abolition of odious and
unjust taxes and the establishments of the ready means of access to418 ANNEXES TO REJOINDER (F NO. 33)
redress through the medium of institutions founded on models known
to and respected by the people, together with the vigorous admïniçtrat-
ion of the police through the same channel as were employed by the
ancient Government, al1these objects are provided for by your instruct-
ions to the provincial collectors and are calculated to render the British
Government equally popular and just.
Al1 theJageerdarswill be feudatoriesof the British Government with the
exception of two or three whom it may be expedient to place in that
relation to Rajah of Sattarah.
Annex F. No. 33
SS. It shall be lawful for the Governor in Council at
Governor in Council aiiy time to issue a commission to any hoIder of
may, bycommission, alienated lands, conferring upon him al1or any
alienated landsrs of of the following powers in respect of the lands
powar specified in such commission (namely) :-
(4 to demand security for the payment of the land-
to demand security revenue or rent. due to him, and, if the same be
for land-revenue; riot furnished, to take such precautions as the
Collector isauthorized to take under scctions 141
to 143;
to attach defaulter's to attach the property of persons making default
property ; in the payment of such land-revenue or rent, as
aforesaid;
(cl to iix from time to time the time at which, and the
to fix timeat. and instalments in which, the land-revenue or rent
instalments in,
which revenue due duc to him shallbe payable;
shallbe psid;
!a1 to exercise the powers of a Collector under sections
powcrs;ciseCollector's Gj and 66;
(e) to receive notices of relinquishment under section
to receire notices of 74, and to determine the date upto which such
relinquishrnent; notices shall be received as in that section prov-
ided ; ANXEXES TO REJOINDER (F NO. 33) 4I9
to take mcasures for the maintenance and repair of
to arrange for repair boundary-marks in the manncr provided for
of boundary-marks ;
Survey-officers in section122 :
Provisio provjded that the powers contemplated in cIauses
(c) to (f)shall be conferred only on liolders of
lands to which a survey-settlement has been
extended under the provisions of section 216.
Form ofsuch Every such commission shall be in the forrnof
commission. Schedule F, and shall be liablc to be withdrawn
at the pleasurc of Governmcnt; and a commiss-
ion may, if the Governor in CounciI see fit, be
issued to one or more agents of a liolder of
alienatedlands as well as tothe holder in person.
FORM OF COMMISSIO T O BE ISSUED TO A KOLDER OF ALIENATED LAND
OR VILLAGES OR HIS AGENT, UNDER SECTION 89.
Seal.
The Governor in Council of Bombay, by virtue of the powers vested in
him by the Bombay Land-Revenue Code, is pleased to confer on you
(jagirdar,.etc., or agent, etc., as the crnay be) power to
in (or in respect of) the villages and lands specified in this
commission, in the manner prescribed in (or in section
of the said Code).
The villages and lands over which the power thus conferred upon you
extends are as foilows:-
(Hereenter the descri$tion.)
The within delegated power is vested in you during t.he pieasure and
subject to the recall of the said Governor in Council.
(Signed.) ANNEXES TO REJOINDER (F NO. 34)
420
Annex F. No.34
DECISIO NN RAGHOJIRA VOLAKÇHMANR BAEOORE THE PRIVY COUNCIL
1911-1912
SHRIMAN &JE BABADUR RAGHOJIRS AAOHEB Refendant
and
SHRIMAN RAJE LAKSHMANR SAAOEB Plaintio
ON APPEAL FROM THE HIGH COURT AT BOMBAY
Grantof Lands by Sanad-Constraccfion ataahndto Deur.
By a Government sanad dated October IO,1861, "the title Raja
Bahadur of Deur together with the lands attadieto Deiir" were
granted to the father of the appellant and respondent and his heirs
in succession whether begotteor adopted inperpetuity:-
Held, having regard to the circumstances under which the sanad
was given, the whole of the lands forming the Bombay estate com-
prised therein having been prioto the grant jagir andas such
impartible, and the Government, its successors officiahaving
from tht: date of the grand for a long period of time treated the
whoIe of the Bombay estate as the appanage of the title, that
according to the true constructionof the sanad the expression
"lands attached to Deur" meant the whole of the said Bombay
estate. AccordingIy the appellant succeetheretoasthe elder son
on the death of therantee in 1881.
Appeal from a decree of the High Court (Novemb14,1907 affirrning
a decree of the Subordinate Judgof Poona (December 7,1904).
The question decided was as to the irnpartibility, as alleged by the
appellant, the defendant in the suit, of certain property consisting of
villages, landhouses, and cash allowance in the districts of Poona,
Ahmednagar, and Sholapur, in the Presidency of Bombay.
The respondent plaintiff and thepelIant were half-brothers andthe
only surviving male representativof the Nagpur branch of a family
known as tlie Bhonle family, the history of which is sufficiently given in
their Lordships' judgement.
Raghoji III.,the last ruling Prince of Nagpur, died without issue on
December II,1853. Thereiipon the Nagpur State lapsed to the British
Government and its possessions were annexed. The Governmenfurther
declared the Bombay estate the subject of appeal to have lapsed, though
as a matter of grace a çmall portion was aLlowed to remain with the
widows for their lives.
In 1855 the widows adopted JanojBhonle-the father of the present
litigants-asthe son of the deceased RaghoIII.but this adoption not
having been officially sanctioned conferred no rights on him. After the
Mutiny the Government of Bombay, whiledeclining altogether to revive
the Nagpur Raj, proposed to recognize Janoji ta limited extent, to
confer on hirn the title of Raja Bahadur, anrelease to him and his ANNEXES TO REJOINDER (F NO. 34) 421
heirs the vatans, &c.,situated in the Collectorates of Poona, Ahmednagar,
and Sholapur, and in the Satara territory, being the Bombay estate of
the late Raja, which had lapsed as stated. The Government of India on
February 7, 1861, sanctioned this course and proposed that the title
should be that of Raja of Deur. A sanad was issued on October IO, 1861,
bestowing on Janoji and his heirs the title of Raja Bahadur of Deur and
the Deur lands, or the lands of Deur, or the lands attached to Deur;
which expression (it was contended) meant the whole of the Bombay
estate of the Iate Raja. It was admitted that al1 the lands comprised in
the sanad formed the special appanage of the Rajaship of Deur and were
impartible, and that they were not restricted to the village of Deur. But
it was contended on behalf of the respondent that they did not include
more than the holdings in the district of Satara.
On the death of the Raja in 1881 the Court of Wards managed al1his
possessions until the appellant came of agein 1893.In 1900the respondent
sued for a partition of the Bombay estate. The appellant pleaded that
the whole of it was impartible by custom, also from the nature of its
tenure, because ithad been granted to his remote ancestor with the title
of Sena Saheb Subha on his appointment to high military office and had
been inherited as impartible property attached to that office and title
and liable by family usage to therule of primogeniture ;and because under
the British grant it had been attached to the new title.
The Subordinate Judge decreed in favour of the appellant so far as
concerned the lands in the district of Satara, which he held constituted
the entire appanage of the appellant's title of Raja, but in favour of the
respondent for partition of the other properties in question. He was of
opinion that according to the original tenure, as well as to the terms of
the new grant made by the British Government, those properties were
both heritable and divisible. He said : "There is nothing in the foregohg
history of the property and the family drawn out from the old records
to indicate that the properties in the districts of Poona, Ahmednagar, and
Sholapur were ever indivisible saranjams and descendible only to the
eldest son of thelast holder by rule of prirnogeniture.Itis true that sorne
of these villages have been referred to as jagirs in the old records alluded
to above; but that fact per se is r~otsufficient to make them impartible,
more especially as the British Government, in regranting them, has
expressly made them not only heritable, but also divisible, inasmuch as
in the resolution releasing this property the Government of India distinct-
ly declared that al1possessions are to be continued hereditarily to Janoji
and his heirs without further inquiry. The resolution contemplates
continuance to Janoji's heirs (mark the word heirs in plural) and not
to the eldest son as the representative or the head of the family. The use
of the plurals 'heirs' indicates that it was the intention of Government
that these properties should descend to al1 the sons of Janoji, and the
same intention was made clear even after the death of Janoji in Exh. 37."
Dealing further with the contention that the estate was impartible
before r853, the Subordinate Judge considered that, as against the
appellant 'splea, weight should be attached to the followingcircumstances,
narnely, that the territories of the Nagpur State had been divided on
three different occasions, and the conduct of the appellant in allowing a
partition of the estate in other parts of India militated against his
present plea. And as to the effect of the British grant the Subordinate
Judge held thatthe property in the Poona, Ahmednagar, and SholapurqZ2 ANNEXES TO REJOINDER (F NO. 34)
districtsin question in the suit did not form part of the appanage of the
Raja Bahadur of Deur.
The High Court held the construction of the earlier documents that
the villages in question were held before 1853 as jagirs, and were there-
fore impartible, and further held that the decision of the Judicial Com-
mittee in Culabdas Jugjivandas v.Collector of Surat l and other author-
ities established a presurnption that being jagirs they were not hereditary
holdings. "We do not thinlr", they added, "that the circumstance that
the grant was generally or even usually continued to the seniorlivingmale
of the family is of itself adequate to rebut the presumption." On the
other hand they considered that since the regrant of 1861 the villages
were clearly hereditary. They further held that, as to such of the holdings
as constituted under the regrant "an appanage of the Rajaship", it was
clear that they remained impartible as before and descended as such by
the rule of primogeniture. Eut as to the Poona, Sholapur, and Ahmed-
nagar grants the High Court agreed with the Subordinate Judge that
they ïvere part of the general farnily property and as such liable to
partition among the coparceners. They were not included in the special
saranjam assigned by the Governrnent as an appanage of the title, but
on the regrant were made heritabIe and lost their character of impar-
tibiliiy.
Kenworthy Brown, Lowndes, and G. P. Dick, for the appellant,
contended that the Bombay estate the subject of appeal was proved to
be impartible by custom and also by reason of the nature of its tenure.
The revenue records in evidence classify al1 the villages in the Bombay
estaie as saranjams, which expression is merely the equivalent of jagir
and connotes impartibility. Various official documents in evidence refer
to the whole Bombay estate as the impartible appanage of the Deur
title. There waç no presumption under the circumstance~ that the
villages were not hentable up to 1853 as being jagir when Raghoji III.
died.Gulabdas Jugjivandas v. Collector of Surat was referred to and, it
was contended, did not govern this case. On the evidence thesubordinate
Judge was right in holding that the estates in question were heritable up
to 18j3 and the High Court was right in holding that they were impartible.
They were also shown to be by custom subject to the rule primogeniture.
They did not become the partible lands of the appellant's family by
virtue of the terms of the regrant by the British Government in 1861.
The lands were held after the regrant on the sarne tenure as previously
thereto, subject to the same incidents, and were so treated bofh by
grantor and grantee. It was not shown to have been the intention of
the regrant that they should become partible, but there was evidence
that they continued to constitute the appanage of the Raja. Reference
was made to Krishnarav Ganesh v. Rangrav Beer Pertab Sahee v.
Rajender Pertab Sahee ; Mutta Vadagandha Tevar v. Dorasinga Tevar
the fnam Commissioners Act (XI. of 1852) and rr.3 and 6 made under
that Act; and Sultan Sani v. Ajmodin 5.
De Gruyter, K. C., Ross, and G. K. Gadgil, for the respondent, con-
(1878)L.K. 6 lnd. Ap. 54; l.L.R3 Bamb. ISG.
(1867)4 Bomb. H. C. A.C.J. 17,9.
(1567) 123100. Ind.Ap. 1,35.
(1892) L.R.20 Ind. Ali. 50, 51, 52. ANXEXES TO REJOINDER (F K0. 34) 423
tended that there had been concurrent findings of fact that the Bombay
estate under appeal was partible and not impartible property. The sanad
of 1s61 read with the list drawn up by the Inam Commissioner in 1858
shews that it was the lands in the Satara district alone that were regranted
as saranjarn. The lands of Deur or attached to Deur as specified in the
sanad meant lands within the district of Satara and did not extend
beyond that district. Reference was made to Sultan Sani v. Ajmodin =;
Aitchison's Treaties (1863ed.), vol. iii, 93.and 94 ; Inam Commissioners
Act (XI, of 1852) ;ombay ActII, of 1863; Vinayak Waman v. Gopal
Hari ',shewing that grants on inam tenure by the Peishwa were con-'
sidered to be liable to partition; Adrishapa v. Gurushidappa8; Nairne's
Handbook of Revenue for the use of Revenue Officers, p. 490; Rules
revised by the Government of Bombay in Bombay Gazette, May 19,
1898; Mutta Vadaganadha Tevar v. Dorasinga Tevar 4; Gopal Hari v.
Ramakant 9; Krishnarav Ganesh v. RangravIo; Ramchandra v. Ven-
katrao ll; Ramkrishna Kao v. Nanaroo l" Gulabdas Jugjivandas v.
Collector of Surat13;Baden Powell's Land System of British India, vol.
iii, bk. iv. (er892), pp. 299, 303.
Kenworthy Brown in reply.
The judgrnent of their Lordships was delivered by Lord SHAW OF
DUXFERMLINET .his appeal is made against a decree of the High Court
of Justice at Bombay, dated November 14, 1907, which affirmed a
decrec of the Subordinate Court of Poona, dated December 7, 1904.
The plaintiff (respondent) and the defendant (appellant) are brothers. The
main object of the suit is contained in the first prayer of the plaint, and
is to have it declared that the whole of the immovable and movable
estate mentioned in the schedule annexed to the plaint belongs to these
two brothers as equal owners thereof. The elder brother, the defendant
appellant, is Raja of Deur, and the claim is resisted by him upon the
ground that the various properties referred to had been succeeded toby
hirn,under the law of primogeniture, as an appanage to the title of Raja
conferred upon him by a sanad issued under the hand of the Governor
General, Earl Canning, in the year 1861.
The properties are situated in the districts of Poona, Ahmednagar,
Satara, and Sholapur, al1 in the Presidency of Bombay. They include
five mouzahs or villages, together with various watans, hakks, and cash
alIowances, set forth in the schedule. It was a matter of agreement in
the High Court that the main question in the case should be treated
as one applicable to the villages or mouzahs, and that when the question
of partibility or impartibility should be settled in regard to them, the
rernaining items in the schedule should follow that decision.
Of the mouzahs mentioned, that of Deur is situated in Satara. In the
course of the proceedings it has been admitted that the yroperty in the
Satara district is an appanage of the title of Raja of Deur,isimpartible,
and issucceeded to dong tvith the titleand position of Raja accordingly,
L.R. 20Itid. rlp. 50, 57.
(1880)L.11.7 Ind. AIL162.78,79.
(1396) I.L.K21 Komb. 453, 460.
$ 4 Romb. H.C.A.C.J. 1.
"1862) I.L.R. G Domb.598.
' (1903) 5Bombay Law Reporter,983.
L.R. OInd. -4p. jq. ANKEXES TO REJOINDER (F NO. 34)
424
that is to Say, by the mle of primogeniture. It is submitted by the
appellant that the same result should have followed with regard to the
rest of the properties in dispute. The question in the case is whether that
submission is correct.
The whole of the properties are, as stated, within the Bombay Presi-
dency. This fact throws light upon the construction of many of the
officia1minutes, despatches, entries, and others, referred to in the case,
and appears to be one of cogency. It can hardly be denied that the Ian-
page used in al1these officia1 documents for a period of about fifty
'years is at least ex facie language applicable to the possessions of the
Raja in the Bombay Presidency as a whole.
Points of great historicalinterest are naturally suggested by a review
of the pedigree putin by the parties. The records of the Bhonle family-
the Rajas of Nagpur-are bound up during a long period of time with
many stirring adventures and achievements in the course of the Maratha
ascendency and its decline. The position of the family was one of great
note from the rniddle of the seventeenth and during the whole course
of the eighteenth and the first half of the nineteenth centuries. The
possessions of these Rajas were extensive, stretching throughout many
portions of the Central Provinces, the North-West Provinces and Berar,
as well as of the Bombay Presidency.
The last of the Rajas of Nagpur, Raghoji III., held the title, estates,
and rights from the year 1817 till his death in1853. The forfeiture of
1818 followed by the treatyand free gift of1826 need not be referred to,
the facts of ownership and possession being substantially as stated. He
died without issue.He himself was an adoptive son of onc Pursoji Bhonle,
and with his death in these circumstances the Bhonle dynasty of Nagpur
came to an end. It is an admission of parties that in that year the title
of Raja of Nagpur lapsed and that the estates and rights of the deceased
Raghoji III.,fell to the British Government.
The widows of Raghoji, however, adopted Janoji in the year 1855.
He survived till ISSI, leaving behind him the two sons who are contes-
tants in the present case.
During the hfutiny of 1857 a female member of the family, the Rani
Baka Bai, appears to have powerfully and loyally assisted the British
cause and to have rendered services worthy of officia1recognition. She
was the widow of a former Raja of Nagpur, namely, Raghoji II., and
she was anxious for the continuance in the farnily of the title of Raja
and the attachement to it of such property as would mark and maintain
its dignity. The Government of the day declined to restorc the Nagpur
title, but was willing to create-by sanad issuing from the Governor-
General-a fresh Rajaship. The title pitched upon was derived from
Deur, a small village in the Satara district of the Bombay Provinces. It
is manifest from the officia1 documents issued that it was one of the
objects of the Government to make such a provision-in land and reve-
nues accompanying the title-as, though small and unimportant if
viewed relatively to the ancient Nagpur possessions, would still be
sufficient to gratify, so fat,the desire of Baka Bai, and to support in
becoming dignity the newly created title.
That Maharani Bakabai Saheh was loyaltowardsthe noble Governrnentand
the good ùehaviourand loyalty of that family during the LIutiny has been rnoved
and verified. ArjNEXES TO REJOINDER (F NO. 34) 425
It is accordingly important to note what were the exact terms of the
sanad under the hand of Earl Canning, Govemor-General. It is dated
October IO,1861. The Subordinate Judge of Poona has closely examined
it and the translations. As stated by the learned judge, it iswritten in
Urdu, and its text is translated as follows, it being super-signed by
Lord Canning and bearing the seal of the Government of 1ndia:-
"Sanad granted by His Excellency the Viceroy and the Governor-
GeneraI of India in Council to Raja Janoji Bhonle Bahadur conferring
upon him the title of Raja Bahadur of Deur.
"Whereas it has been proved and verified; in recognition thereof
the title of Raja Bahadur of Deur together with the lands attached to
Deur has been conferred upon and given on this auspicious occasion,to
that Meherban himself and his heirs in succession whether begotten or
adopted in perpetuity and the sanad thereof has been executed. Itmust
be deemed incumbent that in return of this gift and kindness you will
always remain loyal to the noble British Government and you will look
upon this sanad (sic) a perfect one."
The point of the case is, what rneaning is to be given to the words
"lands attached to Deur"? Are these lands limited to the village Deur
itself? Or do they extend to the possessions in the Satara district? Or
do they cover the possessions as a whole which lay within the Presidency
of Bombay?
Neither party to the case maintains that the grant should be confined
to the lands in the village of Deur alone; and it is conceded by the
respondent that other lands in the Satara district must be held to be
included. This concession is perfectly reasonable, for otherwise the lands
attached to Deur if confined to the village of Deur itself, would reduce
the maintenance of the dignity of the Raja almost to a shadow.
But the mere inclusion of the Satara lands also reaches a very incon-
siderable total. These lands are worth over Rs. 3000 per annum. The
villages, lands, and others in the whole of the Bombay Presidency,
mentioned in the plaint, yield a total revenue of over Rs. IZ,OOO, and
it would appear from this that if al1these lands were dealt with as lands
which were attached to Deur by the sanad they would form, taken
together, a fund for the maintenance of the dignity of the Raja which
could not be said to be over ample. Rut if the landsattached to Deur are
confined to those in the Satara district alone, then the result of such
a construction of the sanad is to set up this Raja with an appanage of
about Ks. 3000 per annum for the support of his dignity and title. Their
Lordships are not surprised to learn that during al1 the years since the
sanad, in many of which the Court of Wards have had possession, and in
al1 of which the Government have had cognizance of the facts, no one
apparently until the institution of this suit ever thought of rnaintaining
that the possessions attached to the position of Raja were of the slender
proportions described. Upon the contrary, they have throughout been
dealt with as those within the Bombay Presidency at large.
As mentioned, the properties of the former Rajas were situated not
only in the Bombay Presidency, in which their extent was very limited,
but in the Central Provinces and Berar. A large donation or stipend of
Rs. 120,000 per annum was enjoyed by the late Raja Janoji at the time
of his death, After that event, in1881 ,he Government of the day had
to consider the question of the alIowances to be made to his successors,4~~ ANNEXES TO REJOIKDER (F XO. 34)
namely, liis two sons.A pension amounting to Rs. go,ooo was fised, and
in the dcspatch of February IO, 1882, by the 'Assistant Secrctary to the
Chicf Commissioner, the grounds are explained of the distributiori of this
pension. "The two sons", it is said, "will succeed to the landed property
of the late Raja in the Central Provinces and Berar, and to the person-
alty in equal shares. Thisisin accordance with the Hindu law and Mara-
tha custom. The elder son will succeed to the title of Raja of Deur and
to the estate in the Bombay Presidency, which goes with that title. The
value of this estate is, however, comparatively small, the bulk of the
landed property of the late Raja being situated in the Centra[ Provinces
and Berar. There will not, therefore, be much difference in the private
income of the two sons should they hereafter separate." This passage is
quoted as an indication of the view which is repeatedly exhibited in
the documents with regard to the attitude of the Government, from
whom the grant by way of sanad proceeded. This interpretation was
undoubtedly thatthe Raja of Deur should take the estates in the Bom-
bay Presidency, which were comparatively small, as an appanage of
the title; that these should accordingly follow the rule of primogeniture;
whereas the larger and more important estates in the Central Provinces
and Berar should be partible equaiiy between the two sons.
Conternporanea expositio as a guide to the interpretation of docu-
ments is often accompanied with danger, and greal care must be taken
in its application. But in the present case their Lordships do not feel
themselves able to reject the assistance which it affords. The sanad upon
which these important rights are founded is a document of a general and
informa1 character. It admittedly is capable of a variety of constructions.
The extreme Literal construction-its confinement to the single vilIage
of Deur-is adopted by neither party. And when the ambiguity covers
the geographical and pecuniaq extent of an admittedly arnbiguous grant,
their Lordships think it legitimate to observe what was the footing upon
which the grantors, namely, the Government and its successors and
officiais, from the date of the grant and for a long period of time, pro-
ceeded.
It may be pointed out that since 1881, namely, since the death of
Janoji, the question of partibility was, of course, practically andarply
raised, and the fact is that the whole of the income derived from the
estates in the Bombay Presidency, amounting to about Rs. 1z;ooo per
annum, has been uniformly treated as the exclusive income of the elder
son, namely, the .present appellant. This was done both while he and
his brother were wards in the Court ofWards and at other 'cimes.That
Court managed the possessions of the appellant until he came of age in
1893. Again in 1895 the Court of Wards re-entered, by request of the
Raja, into possession and management for a time. In 1899 the younger
brotlier came of age, the propertyin the Central Provinces and Berar was
divided equally, and the Bombay estate was treated as impartible and
continued with the Raja as an appanage of the title. In the opinion of
their Lordships, this throughout was a correct course; and the present
suitthe object of which is to diverge frorn that course, is not in accor-
dance, with the rights of parties.
In one view, what has been said might appear to be sufficlent for the
disposa1 of this case. But in the judgments of the learned judges of the
Courts below, and in the arguments addressed to their Lordships,
further considerations were urged as assisting towards a conclusion ANNEXES TO REJOINDER (F SO. 34) 427
and falling to be dealt with. There can be little doubt that the whole
of the lands in issue were originally jagir lands, and the legal position of
such property quoad succession, and the competency or incompetency
of assisting the construction of the sanad of1861 by such considerations,
were much discussed. There arethree pointswith reference to the position
of property such as that now in suit which stand logically clear of each
other, and with regard to which there has been a certain element of
confusion. These three points are, first, was the landirnpartible? Secondly,
did the law of hereditary succession apply to it? And thirdly, was it
subject to the Iaw of prirnogeniture?
The Subordinate Judge, after referring to the fact that sorne of the
villages are referred to as jagirs in the old records, is of opinion that
".that fact per se is not çufficient to make thern irnpartibte". If this be
stated as a conclusion with regard to the jagir tenure in general, their
Lordships cannot agree with it; but, upon the contrary, they are of
opinion that the following statement in the judgrnent of ce High Court
is correct, namely, "The grants were manifestly grants ln lapr of the
ordinary character, that is to Say, they were persona1 and not hereditary,
and were resumable at pleasure. Being persona1 and temporary, they
were necessanly irnpartible." This accurateIy distinguishes between
partibility assuch, and any consequence, whether in the direction of
hereditary or primogenital succession, which may be supposed to flow
from such a fact. The impartibility of jagir lands is in truth entirely
separated from the idea of succession by the fact that the impartible
lands were held together as a unit in the hands of one man who was
rendering personal service to the Government of the day. Itmay be
that upon his death a fresh grant, again to one man, and again in
return for personal service, was made; and it may also be that the one
man selected was in the ordinary case the eldest son; but these matters
of practice were not cunsequences of law, and the impartibility and unity
which attached to personal service were not related to, but, on the
contrary, were distinct from, the idea ofsucccssion by force of law to the
impartible lands.
Itis at this point that the case appears to have been confused and
encumbered by a plea put forward by the appellant to the effect that
the landsin question were not only impartible and hereditary, but were,
by custom, subject to the law of primogeniture. Once granted that the
lands were jagir and impartible as such, a custom of the kind alleged was
not a subject forproof, because such a custom would have been radically
inconsistent with the persona1 and non-transmissive character of a grant
in jagir. Their Lordships agree in holding with the Courts below that this
case accordingly cannot be decided on the custom alleged.
Al1that remains onthis issue, consequently, is the fact that prior to the
regrant by Earl Canning the lands had been formerly jagir. But this
term implied no grant of the soilbut a persona1grant only of the revenue
to the grantee. The Marathi equivalent to the term jagir, namely, saran-
jarn, came in course of time to be applied to the lands; and no doubt it
was also a fact in thehistory of the property that the senior living male
of the family had in the ordinary case succeeded to it.
In those circumstances, it is interesting to observe what was the
delivery order issued with reference to the lands which were the subject
of the sanad. This forms a not unimportant item to that contemporanea
expositio to which reference has been made. Much importance-and,42s AXKEXES TO REJOINDER (F NO. 34)
in their Lordships' opinion, too much importance-has been attached
in the judgments of the Courts below to the distinction between theterm
inarn and saranjam. The importance has reached this point, that the
learned judges treat the lands of Satara referred tin one or two of the
documents as saranjam, by way, as they apprehend, of distinction from
the other lands which aretreated as inam. In their Lordships' views, the
terms are mutuaily exclusive in the sense indicated. The latter term,
namely, inam, is one of mere generic significance, applicable to a Govern-
ment grant as a whole, But in the next place it is a very striking fact
in this case that in the initialelivery order now being referred to (as
indeed in many of the subsequent documents) thenghts in the Bombay
Presidency are dealt with comprehensively and as covered, not by one
name, but by dl, or at least many, of the names applicable to land and
revenue rights. In the Mamletdar's order, for instance, of March 19,
1862,applicable to the village of hlouje Devi Nimbgay, one of the proper-
ties in Ahmednagar, the matter is treated of in this way. The village
"is a jagir tothe Bhonles and as a village was placed under japti (attach-
ment) ; the revenue of the same was received for being credited in Govern-
ment records". Then follows the definite statement: "But the watan,
inam, saranjam, hakks, &c ... have been entered in the name of
Janoji..." Therefore certain definite orders are given pursuant to the
Government resolution, "directing the said village, vatan, &., to be
de1ivered" into the charge of Janoji's managers. It would therefore
accordingly appear that the term saranjam was not in point of fact
confined to the lands of Satara. This ground of the judgments of the
Courts below accordingly disappears.
A matter of much significance must now be dealt with. On the death
of Janoji in 1881 the question of partibility or impartibility,-there
being two sons of that Raja,-became matter for definite consideration
and regulation, ilihat light is thrown upon the case by the conduct at
and after this juncture of the Government, including the Court of Wards,
which uras charged with the correct distribution of these two sons shares?
Upon this head their Lordships do not conceal that they have viewed
with some dissatisfaction the conduct of certain parts of the plaintiff's
case. On May 6, 1882, an important letter was written by Mr. Lawrei,
manager of the estates, to the Deputy Collevtor, "Satara, Sholapur,
Ahmednagar, and Poona". That is to Say, this letter was addressed to
the persons acting as Collectors in reference tol1the estates within the
Bombay Presidency which were the subject of issue in this case. He
forwards his appointment by the Deputy Commissioner of Nagpur as
manager of the estate of the late Raja's minor sons: and then there
follows his passage, or what was supposed to have been this passage, as
the document was produced in the suit: "1 liave the honour to request
you to be so good as to cause mutation of names to be made for al1vil-
lages held by theIate Raja in your collectoratc in favour of his two sons,
Raja Raghojeerao Rhonle (only for Satara) and Laxmanrao in equal
shares with my name as manager." So stated, this document would
appear to suggest that al1 the properties except that of Satara were
partible; and this would have been an important adminicle of evidence
to that effect. The document however, has a history. It is deposed to in
the evidence of the plaintiff's own witnessAbaji Belaji. Interlineations
and remarkable alterations occur in the document, and the witness
confesses, "1 cannot Say why and by whose order the words 'only for ANNEXES TO REJOINDER (F NO. 34) 429
Satara', 'two', the 's' added to the word 'son', and thc words 'and
Laxmanrao in equal shares with my name asmanager' were written".
As the document stands it suits the plaintiff's case; but it appears tbe
legitimate, and, indeed, proper and just, to read, the document without
the doubtful and jnexplained interlineations and alterations. So read,
the letter is as follow"1 have the honour to request you to be so good as
to cause mutation of names to be made for al1villages held by the late
Raja in your collectorate in favour of his son Raja Raghojeerao Bhonle."
The Ietter is addressed to the Collector, not of Satara alone, but to the
Collectors of Satara, Sholapur, Ahmednagar, and Poona, and it would
read, accordingly appear to demonstrate that, at the important tirne
when the administration of the deceased Raja Janoji's estate was taken
up by Government, al1 the estates in the Bombay Presidency were
treatecl, without exception, aan appanage to the title of Raja.
It is right that a further reference should be made to a cognate topic.
It would rather seem that the learned judges of the Court below have
been i~iduced to treat as authentic various entries in the Collecter's
books which were not the entries as originally made, but were entries
subject to "correction" ; a correction made upon an ex parte application
on behalf of the plaintiff. This applicatiwas preferred and apparently
granted, behind the back of the defendant, and during the course of this
present litigation.The date of the suit was August 22, 1900, and on
-4ugust 5,I~OI, a rnemorial u7asprescnted to the Governor in Council at
Bombay with the statement: "This is fonvarded to the Chief Secretary
by letter of the 13th August, 1902." It is plain from a perusal of these
documents that certain registers, including in particular the register
of the Collector of Ahmednagar, together with certain despatches, had
been the subject of investigation on behalf of the plaintiff, and that that
investigation had revealed factç which were considered to be contrary to
his interests. The application admits that in these docrirnents the Collec-
tor of Ahmednagar had "been directed to treat the villages referred to
in the petition as impartible saranjam". Then the letter proceeds:
"The villages of Devi Nomgaon, Jat Deola, and Jalapur, in the Ahmed-
nagar district, were up to 1864 regarded as inams and saranjams, and
the deshmukhi and other hakks as wattans, as contradistinguished from
saranjams. There was and is no room for asserting that they were ever
treatcd asimpartible saranjams held on political tenure." This rernark-
able document winds up thus: "In view of the facts and arguments
above set forth, you will be pleased to issue orders to correct the Land
Revenue Register by expunging that portion of it in which" the villages
"are specified as political saranjams". The facts and arguments here
referred to are simply those which have been urged in the present liti-
gation. The one fact outstanding from the whole of these proceedings
is that the argunient now preferred, to the efiect that the Satara property
and that alone was treated as saranjam, while the othcr properties were
throughout treated as inam, iç contrary to what is admitted to have been
the original cntries in the books referred to.In these circumstances, it
appears to their Lordships to be quite unsafe to place reliance upon a
denomination of these lands dependent upon a "correction" which
appears, or is alleged, to havebeen made while the case was si~bjudice,
and upon an ex parte repreçentation. Their Lordships think that the
original state of the records before theso-called corrections were made
was that alone to which a Court of lawshould have looked. This would at43O ANNEXES TO REJOIKDER (P NO. 34)
least be the safe and ordinary rule, and there do not appear to be any
facts in the present case to ground an exception to it. It is not for their
Lordships to pronounce upon the procedure by which such "corrections"
of official documents and records can be possible in those districts in
circumstances such as are here disclosed.
Various difficulties are presented by reason of expressions which
appear in despatches frorn those in authority in the Central Provinces.
In those despatches language is used which would appear to signify that
the lands attached to Deur in the Rombay Presidency were the Satara
lands alone. The language is not clear, and it had reference to a matter
lying beyond the jurisdiction of the writers.
Difficulties also arise with regard to the terminology employed in some
of the entries in which saranjam is applied to Satara and inam to the
other districtswhereas in others there appears to be an application of
both tems to the same lands and in various districts.
Their Lordships, upon the whole, have had littIe difficufty in coming
tothe conclusion that too restricted an application has been maby the
Courts below of the term "the lands attached to Deur". They think
the expression extends to the whole scheduled lands in the Presidency
of Rombay. They will humbly advise His Majesty that the judgments
of the Courts below should be reversed, that the lands refertodin this
suit are impartible, that they are attached as an appanage to the title
of the Raja of Deur, and that the suit be dismissed with costs here and
below.
The respondent will also pay the costs of a petition for further docu-
ments which was before the Board on Fehruary 24, 1911.
Solicitors for appellanSPEECHLY M, UMFORD and CRAIG,
Solicitors for respondentLATTEY Snd HART.. ANNEXES TO REJOINDER (F NO. 35)
Annex F. No. 35
Pages 50-69.
SHEKHSULTANSANI, Plaintig ; 1891
AND June 18. 19.
SHEKHAJMODIN, Defendant. !!& 1.:
AND THE REVIVED APPEAL. Nav. 19.
ON APPEAL FROM THE THE GOVERNOR IN COUNCIL OF BOMBAY.
Grants by Treaty-Saranjanz and I%am Tenures-Political Tenure-Juris-
dictionof CivilTribunals.
HeId, with regard to both the saranjam and inam tenures i~isuit,
that having been originally granted by treaty to be held on a
political tenure, they had continued to be so held, with the result
that they were resumable at the pleasure of the Government.
Such right of resumption had been recognized by legislation (see
Bombay Act. VI1 of1863). It accordingly rested with the Govern-
ment to regrant the same at its discretion on the death of their
holder, and it was not within the competency of any legal tribunal
to review itçdecision.
APPEAL with the permission of the Government of Bombay from a
judgment of the Governor in Council, termed a resolution in the Political
Department (25th of April, 18871 varying adecision of the Court of the
Agent for Sardars in the Deccan at Poona (8th of June, 1886). The
proceedings were held under Bombay Regulations on XXIX of 1927.The
suit was brought to set aside the actof the Bombay Government, which
upon the death of Shekh Khan Mahomed, a sardar of the second class,
had recognised as his successor the Respondent, and had placed him
in possession of certain saranjarns or jaghirs and inam lands held by
Khan Mahorned up to his death. The Plaintiff claimed to be entitled to
them as son and heir of the deceased, and also general devisee under
his will. The fact of the will was undisputed.
The Agent for the Sardars held that the Plaintiff was the only son of
Khan Mahomed, and as such was entitled to share in al1his property in
respect of which the Court was competent to pass any decree. As to the
saranjams hc considered that they were completely at the disposition
of the Bombay Government, and that the Government would not be
bound to respect any decree which he might pass. As to the other prop-
erty he decreed to the Plaintiff that share to which he was entitled as
Present: Lord Robhouse, Lord Macnaghten. Lord Hannen, Sir Richard
Couch, and Lord Shand.432 ANNEXES TO REJOINDER (F NO. 35)
only son by the hfohamedan law. On appeal the Governor in Council
held that the Plaintifi was not the son of Khan Mahomed, and that as
regards the larger part'of the property claimed Khan Mahomed had, by
virtue of certain proceedings of the Bombay Government, been deprived
of any heritable or descendibleestate. Itwas admitted, however, that the
PIaintiff was the devicce of Khan Mahomed under his will, and effect was
given to this will in his iavour, tothe extend permitted hy Mahomedan
law, in respect ofal1property of the testator which was not affected by
the above-named proceedings of Governmcnt.
The material portion of the resolution of the Bombay Government
was as follows :-
The great mass of the property which forms the subject of the suit was
held by Khan Mahomed'ç ancestors under grants of old date, which
merged into a regrant under the agreement concluded with Shekh Mira
Waikar, dated the 3rd of July, 1820, which will be found at page 377
of the 4th vol. of Aitchison's Treaties. By this agreement the "Jaghirs
8i c.", were restored to Shekh Mira, and the "Inam villages, watans,
and other allowances" were continued to him. Upon Khan Afahomed's
death, the Government, in accordance with the decision already referred
to, resumed the jaghir or saranjam and after a while regranted it to the
Defendant, Ajmodin. There is no doubt whetever that the Government
had a perfect right to do this, arid that its action cannot be questioned.
It is settled law that the Governnîent may resume jaghirs or saranjams
whenever it pleases, and that the civil Court cannot qucçtion such
action. Even therefore if the resumption of a saranjam were wholly
unjustifiable,it would be none the less valid; but certainly no resurnp-
tion could be more justifiabie than one made as a punishment to the
Saranjamdar for palming off upon Government a spurious son as his heir.
This has hardly been disputed; and the argument at the Bar has been
mainly directed to the question whether the resumption and regrant to
Ajmodin of the inam, as distinguished from the saranjam caii be upheld
as an act legally within the competency of Government. Now, it cer-
tainly appears from the old Sanads that the inams were originally held
on asornewhat different tenure from the saranjams. They seem to have
been granted for maintenance and aç a reward for past service, rather
than oii condition of future service. The same distinction may perhaps
have been intended, though it is not very clear in the agreement of the
3rd of July, 1820. It is also cvident that, after it had been determined
to resume the saranjam Government did not for some time contemplate
a resumption of the inam, but rather intended that al1clairns tothe inam
should be adjudicated on the usual course by the civil Court. But in1876
Government finally determined to resume the inam, and regrant it to
Ajmodin: and the question is, not whether this determination was con-
sistentwith the advice of al1its officers,or with its own previousviews and
opinions, but whether its action was within the powers vested in it by
law. Now, looking to the provisions of Sched. B, rule IO of Act XI. of
1852 to sectI, clausez, and sect. 16 of Bombay Act II, of 1863, and to
sect.2, clause2, and sect. 32of Bombay Act XVI. of 1863, it must, in the
opinion of the Governor in Council, be held thst Government has the
power to resume on political considerations, any property which is held
on political tenure; and that it ifor Government to determine in every
instance whether the tenure is political. This being so, the question is
whether Government did, in 1876 resume the inams of the Waikar family ANNEXES TO REJOINDER (F NO. 35)
433
on the ground that they were held on political tenure. Now, the decision
of Government is contained in its Resolution No. 6836, of the 6th of
November, 1876, which in its preamble sets fortha memorandum of the
alienation settlement officer, containinghis opinion that "as Government
have sanctioned the adoption" (i.e.of Ajmodin) "the whole estate, intact,
saranjam and inam, as restored after the war under the treaty of 3rd
of July, 1820, is continuable as a guaranteed estate to the adopted son
as the head of the family, and should be entered in the accoilnts accord-
ingly, the sarneasal1other treaty estates of mixed saranjam and inam";
and then the resolution is passed in the following terms: "The suggest-
ions of the alienation settlement officer are approved, and should be
carried out." So that Government adoptcd the view of the alienation
settlement officer, and that view clearly was that, undcr the terms of the
treaty of 1820, and other similar treaties, a mixrd estate of saranjam
and inam is al1 heid on the same political tenure, and ought to ass
intact to the person whom Government may recognise as the head O Pthe
family. This view may have been right or wrong (and looking to the terms
of the treaty of the 3rd of July, 1820, the Governor in Council wouId
find itdifficult to Say that it was wrong) ; but, at any rate, as it was adopt-
ed by Government asthe ground of its action, it does not appear open
taanyCourt to dispute it.
The facts of the case and the proceedings are stated in the judgment
of their Lordships.
Doyne, for the appellant, contended that the Agent for Sardars in
the first instance was wrong in rcjecting the claim relating to the saran-
jarns, though right in his ruling as regards the inamsand the other prop-
erty. But the Government on appeal cleprived him of everything except
what it considered to be within the disposing power of Khan Mahomed.
He contended, with regard to the saranjam properties, that they had
been recognised and confirmed as hereditary estates of Shekh Mira by
the Government of the East India Company in 1819 and 1820. Refererice
was made to the treaty of the 25th of September, 1819, Aitchison's
Treaties, vol. 6, No. 2 arts. 1,7, between the Company and the Rajah
of Satara; and to an agreement made with Shekh Mira II.,dated the
3rd of July, 1820, ibid. vol. 6p. 78.Itwas contended that thereafter the
Governmcnt did not possess or retain any. power to alter the riglit of
succession to those properties according to the rule of primogeniture.
AS regards the resolution of the Government of the 5th of April, 1860,
to the effect that, even ifKhan 3,Iahomed should leave a lcgitimate son,
the saranjams will not be continued to him, it was contended that it and
al1 subsequent proceedings of the Government in derogation of that
son's right of succession were beyond the scopc of theGovernmentas
authority and illegal. Reference was made to Ramchandra Mantri v.
Venkatrao Mantri l,and Premshunkar Raghiinathji v. Government of
Bombay 2. Saranjams no doubt, are resumable at the pleasure of the
Government, unless the Governrnent has by its own act made them
hereditary: see Dosibhai v.Ishwardas Jagjiwands 3.
As regards the inam tenures and other' private properties of Khan
Mahomed which were not comprised in the resolution of the 5th of April,
1860, they, on his death, dcscended by law to his heir or heirs-at-law,
' Ind.L. R. 6Bomb. 598.
8Bornb. I1.C. R.(A.C.J.)195,ZOI.
3 Lam- Kep. 18 Ind. Xp22.434 ASNEXES TO REJOINDER (F rio.35)
and the Government could not by its resolution of 27th of hlarch, 1874,
recognising the Respondent as the head of the family, to whom the
saranjam should be continued, affect the rights of those who were entitled
to the inams by the ordinary la~v of inhentance. Reference was made to
the Inam Act XI of 1852; Bombay Act II of 1863, sect.2; Madhavrar
Manohar v. Atmaram Kashar .Reference was also made to a judgment
on the evidence in the former case: Gujju La1 v. Futtehda15, and to
Naranji Bhikhabhai v. Dipa Umede. Upon the question of legitimacy
the cvidence was sufficient to establish the Appellant's case, regard being
had to the strength of the presumptions in its favour according to
Mahomedan Law: see Ashrufood Dowla Ahmed Hossain Khan u. Hyder
Hossein Khan ', Nawab Muhammed Azmut Ali Khan c.illussumat Lalli
Begum
Finalay, O.C., and Mayne, for the Respondent, contended that on the
evidence the Appellate Court \vas right in holding that the Appellant
had not made out his title as son and heir to Khan Mahomed. The law
of inheritance applicable to this case is as laid down in Gulabdas Jug-
jiwandas v. Collector of Surat 9, recognised in Dosibhai v. Ishwardas
Jagjiwandas5. The Appellant's right, however, to both saranjams and
inams depends, in the first instance, on the treaty of 3rd of JuIy, 1820,
which was of political character, is not subject to interpretation by the
Civil Courts, but was within the exclusive interpretation of the executive
authority. The Government recognise that treaty as conferring only a
life tenureas to both saranjams and inams. The tenure of those was of a
political character. The title was as Government grantee; and although
the grantee's son succeeded at his death, the son's title was not by right
of descent, but the Government selected him because of his descent.
What the Government did, having conquered the territory, was to parce1
out the tenures between the Rajah of Satara on the one side, and the
jaghirdars on the other. To the latter their titles were guaranteed, and
the rajah had his title to the raj subject to respecting the title of the
jaghirdars. The result was that the jaghirs and the inams were to be
enjoyed as before by holders whose title was persona1 and military in its
origin. They obtained no more than Life tenures. Saranjams,moreover,
are by their own character, and by the law and customs of India, at the
absolute disposa1 of the Government. The particular saranjams in this
case are shewn to have been held on a political and not an hereditary
tenure.The saine principle applies to the inams, which both before and
after thetreaty of 1820 were held for life only; and the Court of Directors
in the transaction of 1842 had no intention to alter the character of
either the one or tIie other. Reference was made as to political tenures
to Act. XI of 1852, and to sects. IO and II of Sched. B; to Bombay Act
II of 1863, Sects, I, 16 (c);Act VII, of1863, sect.2 clause 3;sect. 32 (c).
Doyner replied. ..
The Judgment of their Lordship was delivered by Lord Hannen:-
The Plaintiff, Siiltan Sani, claims to bethe son of Shekh Khan Maho-
med, who died on the 31st of December, 1872, and as such son to be
Ind. L.R. 15 Bomb. 519.
lnd. L.R. 6 CaIc.171.
Ind. L. K.3 Bomb. 3.
7II hioore'sInd.Ap. Ca.94.
8Law. Rep.g lnd. Ap. S.
9Law. Rep. 6 Ind. Ap. 54. AKNEXES TO REJOINDER (F NO. 35) 435
entitled to certainproperties alleged to have been held by Khan Mahomed
by a tenure known as saranjam, and certain other properties alleged to
have been held by a tenure known as inam. The nature of these tenures
will be considered presently.
The Plaintiff also claimed the property as devised to him under the
iviyilf Khan Alahomed.
The suit was on in the Court of the Agent for Sardars, a tribunal created
in 1827 (Bombay Regulation XXIX. of1827) for the trial of suits against
certain Deccan sardars, an apped being given to the Governor in Council
of Bombay and, from him to the Queen in Council.
In this suit the Plaintiff sought to recover possession from thefend-
ant Ajmodin (the predecessor of the present Respondents) of the saran-
jarn and inam lands of which (as the PIaintiff alleged) the Defendant had
been put into wrongful possession by the Bombay Government after the
death of Khan Mahomed.
In ansurer to this suit it was contendcd by the Defendant that the
Plaintifk was not the son of Khan Rlahorned; and, çecondly, that the
tenure of the lands claimed was such that the Government waç entitled
on the death of Khan Mahomed to resume them and assign them to
whom it pleased.
The title of the Plaintiff under the will of Khan Mahomed was not
disputed as to the property of the testator over which the Government
had not such a disposing power.
The Agent for Sardars held (the 8thof June, 1886) that the Plaintiff
is the son of Khan Mahomed, but that the saranjams were complctely at
the disposal of the Governrnent. As to the other lands, which he distin-
guished as inam, he held that the plaintiff was entitled under the Maho-
medan law aso recover as only son of the testator.
On appeal to the Governor in Council, His Excellency in Council held
that the Plaintiff was not the son of Khan Nahomed, and that the Gov-
ernment had power tiot only to resume the saranjam, but also the so-
called inam property, and to assign them to whom it pleasecl.
From this decision the present appeal is brought to Her blajesty in '
Council.
The Agent for Sardars and the Governor in Council have both held
that the saranjam lands were of such a tenure that the Governrnent was
entitled to resume them and to regrant them to whom it pleased. Their
Lordships propose to consider this question in the first instance.
"Saranjam" isstated in Wilson's Glossary to bc an "assignment of
lands or their revenue by the State for the support of troops."
"Mokasa", a word which wiH be found in several of the documents
hereinafter referred to, appears to have a meaning nearly equivalent to
that of saranjam. It is defined as "villages or lands, or a share in rule
over them and revenue arising from them, granted on condition of
military service or in inam".
"Inami" is stated by Wilson to mean "gants of land held rent free, and
in hereditary and perpetual occupation".
The history of the property to which this suit relates is as fo1lows:-
In 1708, one Shekh Meeran (or Mira) was in the service of the Rajah
of Satara. For assistance rendered to the rajah "he received the inam
village of Pasarni, a pension ofRs. 1,800 monthly, and was raised to the
rank of a commander of sixty horses, for the maintenance of which he
held mokasa arnals (meaning 'share of revenue') to the amount of436 APINEXES TO REJOINDER (F NO. 35)
Rs. 40,000. The pension ceased with the first Shekh Meeran, and the
mokasa has since fallen off to about Rs. rB,ooo, which with Pasarni, is
still enjoyed for the performance ofservice to the Rajah of Satara with
ten horsemen."
This is given on the authority of Lieutenant-Colonel Briggs, formerly
resident at Satara. The date does not appear.
The property thus granted was situated in the districts of Satara,
Poona, and Khandesh.
The earliest document relating to the property is of the date of 1709
A.D. This document is headed, "Body of horse under the control of the
State", and it runs thus: "Body (of horse under) Shekh Mira; saranjam,
total as in lastyear (as per) mandatory letters"; and it includes nine
mokasa villages and the inam village of Pasarni.
The next documents dated 1715 A.D., and is dço headed "Body of
horse under the control of the State, Body (of horse) Shekh Mira", and
isas foilows: "the letter of command dated 18th moon Saval (regarding)
the village of Pasarni, Samat Haveli, Prant Wai. A deed of inam was
formerly given about the grant of this village as inam to the aforenamed
person, together with al1rights and cesses, the present and future taxes,
and together with sardeshmukhi. The deed having been burnt, new deeds
have been prepared and given."
In 1718 A.D. a document headed, "Saranjam for the Body of horse
under the control of the State ...in the charge of Shekh Mira", includes
and compriscs "village of Pasarni, inam village," also "inam lands in
Kasba Wai (called) Katban, the place of residence of the afore-named
person, are granted in inam".
Katban appears to have been granted to Shekh Mira (date uncertain,
17?5),,"to him and his son, grandson, &c. from generation to gener-
ation .
Thegrant of Pasarni was confirmed in 1752 by the mother of the then
Rajah of Satara to Shekh Kahn Mahomed, I., the son of Shekh Mira,
in the same terms.
In a document described as the Peshwa's diary of r763 A.D., it is
recorded that "Mokasa villages, &c., have been continued by the GOV-
ernment from former times to Shekh Khan Mahomed inthe service of
Government. They are in the same manner confirmed."
Amongst the properties enumerated and "the whole village of Pasarni,
Samat Haveli, Prant Wai, together nith the deshrnukhi and sardesh-
mukhi (rights) being inam."
In 1785A.D., in thc diary of the Peshwa, is registered: "the sanad
for continuing the saranjam to Shekh Mira Waikar", i.e., Mira II.,and
the saranjam is thus described:- A saranjam (consisting) of amal (shares
of revenue), of mahals, and of single villages, as also inam villages and
lands, were continued from former times to Shekh Khan Mahomed
Walad Shekh Mira, for the support of troops. He having died, the saran-
jam and inam villages and lands have as before been confirmed upon
his son Shekh Mira, for the support of troops." Then follows an enumer-
ation of the properties, which includes the mokasa lands and inam villages
and lands, amongst these latter being the whole village of Pasarni,
Sarnat Haveli, Prmt JVai.
It is to be observed that this document clearly includes the inam villages
and lands with the mokasa asparts of one saranjam for the support of
troops. ANNEXES TO REJOINDER (F NO. 35) 437
When the power of the Peshwa was overthrown, Shekh Mira II was
in possession of this saranjam. A portion of the conquered territory was
placed under the Government of the Rajah of Satara, with whom a
treatywas entered into on the 25th of September, 1819, by which it was
provided that the Possessions of jaghirdars within the Rajah's territory
were to be under the guarantee of the British Government, which engaged
to secure the performance of the service due to the Rajah according to
established custom.
Separate agreements were entered into with several jaghirdars, of
whom Shekh Mira II.was one. The agreement with Shekh Mira II.,which
was made on the 3rd of July, 1820, thus commences:-"These jaghirs
&c., were formerly held by you as a persona1 and military jaghire; but
having come into the possession of British Governrnent along with the
rest of the country, they are now restored, in consideration of the
antiquity and respectabilityof the family, to be held as formerly in
persona1 and military jaghirs."
The 7th Article stipulates the "without orders from Government no
extra troops are to be levied, and none assembled for the purpose of
making war on any one. In matters of family disputes concerning rela-
tionship and such like, no appeaI to arms can be permitted, butthe case
is to be represented to the Agent of the British Governrnent, who will
communicate with the Government of His Highness, and whatever
decision is given must be reckoned binding."
This agreement does not specify the jaghirs to which itrelates. The
5th Article is as fo1lows:-"Whatever inam vinages, watans, and other
allowances have hitherto belonged to Shekh Mira Waikar within the
territories of the British Government or of His Highness, shall be contin-
ued, and whatever items of revenue belonging to His Highness's Govern-
ment may be within the jaghir, shall be continued to be paid."
There are no words in this agreement having reference to the descend-
ants of Shekh Mira, and it distinctly states that the jaghirs are to be
held "as formerly in persona1 and military jaghirs". This agreement
must be regarded asthe root of the title (whatever it may be), which was
acquired by Shekh Mira II.
With regard to the expresçion contained in some of the sanads pre-
viously cited of the grant being to the person named, "his son, grandson,
& c., from generation to generation" it has been observed by many
writers of authority on this subject, that they do not, as might be
supposed, impart a fixed hereditary tenure. Colone1 Etheridge, in his
preface to the narrative of the Bombay Inarn Commission, quotes the
language of Sir Thomas Munro, in a minute of the 15th of hlarch, 1822,
in which he states thatthe "terms in such documents (sanads) for ever,
from generation to generation or in Hindu grants, while the Sun and
moon endure, are more forms of expression, and were never supposed,
either by the donor or receiver, to convey the durability which they
imply, or any beyond the will of the sovereign"; and in a subsequent
minute of the 16th of January, 1823, Sir Thomas Munro shews that
while the seizure of private property by the native princes would have
been considered unjust by the country, jaghir grants were not regarded
by the people in the light of private property (Ethendge, p. 14).
Their Lordships entertain no doubt that the engagements entered into
by the EngLishGovernment with the Rajah of Satara and with the several
jaghirdars, did not impart any greater fixityof tenure than had been438 ANNEXES TO REJOINDER (F NO. 35)
previously enjoyed by those jaghirdars under the native rulers, and that
their jaghirs were liable to resumption at the will of the Government,
although from reasons of political expediency the English authorities
wouId not be diçposed to add to the distrubance and confusion attending
a conquest, by dispossessing the holders of property to any greater extent
than was necessary for safety.
Thus, on the death of Shekh Mira II.,in 1827, the saranjam which he
had enjoyed was continued to his son Shekh Khan Mahomed II., but
the character of his tenure was distinctly stated in the document by
which posseçsion was given to him: "Your father Shekh Mira Waikar
died this year, and the saranjam in his possesçionwas thereupon placed
under attachment by Government. A petition having now been submitted
by you, it has been decided to continue the saranjam to you as before,
for service to be rendered by you. The attachment has iherefore been
removed, and ... this sanad has been issued to you. The amount which
is always paid from the Government treasury on account of the mokasa,
which forms part of the saranjam shall therefore continue to be paid
to you. As regards the alienated lands, you should take them back in
your possession and enjoy them in accordance with past usage, and in
accordance with the agreement passed by you to Government you must
continue to honestly and faithfully perform the service."
This last clause apparently relates to lands which had been alienated
by Shekh Mira II, but which, as the Government pointed out, he had
no right to do.
Therc were the terms on which Shekh Khan Rfahomed II. acquired
the position of jaghirdar under the Rajah of Satara. He accepted that
position as the gift of the British Government, which had decided to
continue the saranjam to him. In this document there is no reference to
the descendants of Khan Mahomed, and the grant is made for service
to be rendered by him, and is in its terms personal. One of the\uestions
to be determined in this case is whether, on the dcath of Khan Mahomed,
the Government had or had not the sarne power of deciding to whom
it would grant this saranjam, which it had exercised on the death of the
previous liolder in favour of Khan Mahomed. In making that grant the
Government was, no doubt, influenced by the fact that Khan Mahomed
was the son of the previous jaghirdar, and that it was politically expe-
dient to continue the possession of the saranjam in the same family, but
there isnothing to shew that the Government recognised any right of
succession in the son; the language of the grants in the cases both of
Shekh Mira II. and Shekh Khan Mahomed II.,points in tlze opposite
direction. The practice of re-granting jaghirs to the sons of preceding
jaghirdars naturally had the effect of leading sons to expect to succeed
their fathers, and when this practice was long continued in one family,
the original character of the holding became obscured. This proccss has
been commented on by many ~vriters on the subject in India. In the
Hon. RIauntstuart Elphinstone's History of India, it is said (5th edition,
p. 82): "Notwithstanding a11these precautions, the usual consequences
of such grants (jaghir) did not fail to appear. The lands had from the
firsa tendency io become hereditary, andthe control of the Government
always grew weaker in proportion to the time that had elapsed from the
first assignment. The original principle of the grant, however, wasever
lost sight of, and the necessity of observing its conditions was never
denied." In the present instance, there was but the one re-grant to ANNEXES TO REJOIXDER (F NO. 35) 439
Khan Mahomed since the original grant to Shekh Mira, and in the re-
grant the character of the holding as saranjam (or jaghir) derived from
the decision of the Government in the applicant's favour was expressly
stated.
In 1834 an inquiry arose as to the tenure ofcertain jaginrKhandesh,
and as to that of Shekh Mira. Mr. Warden, the Deputy Agent, writing
toMr. Saville Marriott on the 3rd of January, 1834 ,ays: "Shik Meera
Waeekar was a Satara feudatory chief, serving the Raja with a few horse,
and holding a saranjarn for his life in Khandesh,1 have referred to his
sunnud or titIe deed, and find that his estate was clearaylife grant, the
customary provision for the continuance ofit by inheritance to be found
in the sunnads of a11hereditary saranjamdars, being omitted, and the
iisual form of life grants adopted,"
What document Mr. Warden refers to does no1 appear; possibly it
was the sanad of 1785.
In the course of the inquiry arising out ofMr.-JVarden1sreport, Mr.
Elphinstone, who had been engaged in the settlement of the Deccan in
1818-1 9,as referred to by the Court of Directors for his advice, and he,
in the year 1838, recommended that al1 jaghirs "granted by the Mogul
Emperor or the Rajahs of Satara should be hereditary in the fullest
sense of the word", and with regard to Shekh Mira, he stated tliat his
impression was that Shekh Mira's ancestor commanded a MoguI fort
at the time of the first conquest by the Mahrathas, and surrendered on
terms, one of which was the receipt of an hereditary jaghir. If this be
so "we can have no right to resume his lands unless we can annul the
agreements of former Governments"; and he added that a reference to
his secretary's list of jaghirdars, yrepared i1818-19 would settle the
question.
Upon reference to this list (transmitted the 25th of October, 1819,
which is headed, "Mr. Elphinstone's list of saranjams") Shekh Mira's
name appears. He is there stated to belong to the class of sirdars, or
great chiefs. Its stated that he made his submisçion the 28th of March,
having left the Peshwa at least a month before; that he is an old jaghir-
dar of the Shohoo Rajah, and under the heading "Decision" is hvritten:
"To have al1his jaghirs except those in the Xizam's country on account
of his early submission and ancient family." And under the heading,
"For what period recommended", is written, "Hereditary".
It has been seen, however, that this recornmendation was not acted
upon at the time, and that the grant which was in fact made to Shekh
Mira did not contain any Ianguage importing that the grant was of an
hereditary jaghir.
In consequence of the advice of Rfr. Elphinstone, the Court of Direc-
tors, in a Despatch of the 26th of October1842, directed that al1jaghirs
in "Class" 1. of Mr. Mill's list dichbears date anterior to 17j1, be as
Mr. Elphinstone recommends, hereditary in the fullest sense of the word,
together with those of which the dates are unknown, but which are
known to be ancient. The latter class, though small, includes the three
resumed jaghirs of Shekh Meera, Sumsher Bahadur, and Eshwant,
Rao Dabhary. The first of these, already restored to the son of the last
holder, but for Iife only, "musbe considered hereditary".
It is to be observed with regard to this direction that it recognises
that the jagliirs of Shekh Mira have been restored to the son of the last
holder (that is, to Shekh Khan Mahomed II,, son of Shekh Mira II.),440 ANNEXES TO REJOINDEK (F NO. 35)
but for life only, and that the time for taking any action with reference
to the succession would not arise in the ordinary course of things until
the death of Khan hlahomcd. No fresh grant waç made to Khan hlaho-
med, and his rights miist depend upon the grant which had in fact been
made to him on the death of his father. Tt remained for the Government,
when the necessity shouId arise, to determine to whom it should re-
grant, or in whom itshould recognise aright of succession to the jaghirs
then possessed by Khan Mahomed.
This was thc state of things down to 1857, when one Shaikh Sultan
Inamdar presented a petition to the Assistant Inam Commissioner. At
Satara complaining that, although he and others shared in the inams
held by the family of Khan Mahomed, their names were purposely
omitted by him (Khan Mahomed) in a genealogical table, which he
produced before the Mamletdar of Wai in a certain inqiiiry affecting
those shares, while a son of one Manik Dewtia was mcntioned in it as
his (Khan Mahorned's) son.
This petition u7asforwarded to tlie Alagistrate of Satara who directed
an inquiry intothe charge thus made against Khan Nahomecl of putting
forward the child of another man as his own.
This inquiry was conducted by the first Assistant Magistrate Lieute-
nant Sandford (afterwards Sir Herbert Sandford), whom the Governor
in Councii dcscribes as a magistrate of great experierice and intimate
knowledge of the people and politics of Satara. With him was associated
in the inquiry Gopalrao Hurry, of whom the Governor says that he was
an officer held in high estimation, who was afterwards raised to several
important judicial posts.
This inquiry appears to have been a preliminary investigation with
a view to considering the expediency of instituting criminal proceedings
against Khan hlahomed, and those supposed to have assisted him in
putting forward a supposititious child ashis own.
This inquiry was conducted in a judical manner, the witnesses were
exarnined on oath, and Khan Mahomed was offered the opportunity of
cross-examining the witnesses who deposed against him, and he pro-
duced many witnessess in his defence.
In the result Lieutenant Sandford and Gopalrao Hurry concurred in
reporting that the charge had been established, and that the child put
forward by Khan hlahomed as his son, namely. the present Plaintiff, was
not his child, but the child of Manik.
The report of Lieutenant Sandford and the evidence taken by him were
transmitted by the RIagistrate of Satara to Mr. Elris, described as the
Acting Revenue Commissioner for Alienations, and were by him for-
warded to the Government at Bombay.
Mr. Ellis concurred inthe view of Lieutenant Sandford, and he depre-
cated putting Khan Mahomed, and the others concerned on their trial,
and for reasons which he gave, he did not recommend the confiscation
of his saranjam, but suggested that the name of Khan Mahomed be
struck off the list of sirdarand that he be deprived of al1the honorary
privileges enjoyed by perçons of his rank, the only exception in his
favour being the retention of the arrangement then in force, whereby
a portion of hissaranjam was assigned to his creditors,and the balance
allowed to hirn for çubsistence.
In a subsequent letter of Mr. Ellis to the Secretary to Govemment,
dated the 16th ofApril, 1858,he suggested that the Government should ANNEXES TO REJOINDER (F NO. 35) 44*
declare that even if Khan Mahomed "should leave a legitimate son, the
saranjam will not be continued to him".
This recommendation was ultimately, on the 5th of April, 1860,
adopted by the Government, and communicated in a letter of that date
to the Revenue Commissioner for Alienation, Captain T. A. Cowper.
This resolution was communicated to Khan Mohamed, who thereupon,
on the zznd of October, 1860, petitioned the Governor in Council to
review the proceeding.
The petition was referred to Mr. Inverarity, the Collector at Satara,
who on the z~st of March, 1861, reported that he was not of opinion that
Khan hlahomed had succeeded in shaking the validity of the evidence
which had been brought forward, and that he did not recornmend that
a fresh inquiry be granted.
And on the 8th of April, 1861,Mr. Forbes, the Acting Secretary to the
Government, informed Mr. Inverarity that, on a review of al1the circum-
stances of this case, His Excellency the Governor in Councilwas of opin-
ion that no reasons had been advanced by Khan hIahomed which would
justify the grant of a fresh inquiry, and that the decision which he
appealed against must therefore, be regarded as final.
Communication to this effect was directed to be made to Khan Maho-
med.
In 1863, Khan klahomed again appealed to the Governor in Council,
and his mernorial was referred to the Duke of Argyll, Secretary of State
for India in Council, who, on the 26th of October, 1871, decLined to
reopen the case.
Khan hfahomed died on the 31st of Decernber, 1872. It then became
necessary to determine to whom his saranjam should be granted. Amongst
the candidates was Shekh Ajmodin, the present Respondent, a descend-
ant of Shekh Abdul Khan, the half-brother of Shekh blahomed II.
This led to a resolution of the Government, dated the ~3rdof October,
'873, "That the Agent for Sirdars should be requested to investigate
judicially, and after due notice toal1parties concerned, whether Shekh
Ajmodin is under illahomedan law the legitimate successor to the
headship of the family, either by adoption or descent."
Baron Larpent, the Agent for Satara, in pursuance of the resolution
of the 23rd of October, 1873, prodeeced to investigate judicially the
questions referred to hirn after due notice to al1 parties concerned.
Amongst the parties who appeared before him were Sultan Khan Sani,
claiming to be the son of Khan Mahomed.
On the 28th of Novernber, 1873, Baron Larpent made his report. The
important passages are as follows: "The fourth issue remains for decisions
viz.,1s Ajmodin, under Mahomedan Iaw, the legitimate successor to the
headship of the family of Sahik Khan Mahomed? 1 think that there can
be no doubt he is not. As 1 have already said, Shekh Khan Mahomed
lefta daughter, and she has sons, and these sons are nearer the head of
the family than the son of a daughter of Shekh Abdul Kadar. The deci-
sion as to who should be recognised by Government as headof this family
does not, in my opinion, rest ona consideration of who may be the next
of kin to Shekh Khan Mahomed under Mahomedan law. Government
appears to me to have decided in their letter, No.1497 of the 5th April,
1860, that Shekh Khan Mahomed'ç branch should forfeit al1 right to
succeed to the estate. Paragraph 6 is as follows: 'Shaik Khan Mahomed
will not probably have another son of his own loins, but the Right442 ANNEXES TO REJOINDER (F NO. 35)
Honourable the Governor in Council concurs with Mr. Ellis in consider-
ing that the Waikar should be told that even if he have a son, that son
will not be alIowed to succeed ..The forfeiture was imposed on account
of the fraud practised by Shekh Khan Mahomed. His name also was
struck off the list of sirdars, and although subsequently the name was
re-entered, for certai~i reasons the order of forfeiture was not rescinded.
It appears to me, therefore, that any property, the succession to which
Government hasthe power to regulate, should go to ShekhAbdul Kadaris
heir, Ajmodin, both on the grounds of the former decision, and because of
the great wrongs which Khan Mahomed inflicted on his brother."
On the 27th of hlarch, 1874, the Government confirmed Baron Lar-
pent's report inthe following terms :-
"Resolution.-The proceedings of the Agent for Sirdars are approved,
and for the reasons glven by Baron Larpent, Shekh Ajmodin should be
recognised as the head of family, to whom the saranjam should be contin-
ued. To avoid disputes the allowances for maintenance of the widows of
the decesased Shekh Khan Mahomed, and Shekh Abdul Kadar, and of
any others who have a claim for maintenance on the estate, should be
settled by order of Government after receiving the recommendation of
the Agent.
"The aiiowances now paid to Shekh Rakmodeen and to Rahimanbee,
under Government letter, No. 1293, of the 28th of Narch, 1861, should
be continued."
And on the 18th of Julie, 1874, Lord Salisbury, as Secretary of State
in Council, expressed the Government approval of the above resolution
in these terms :-
"In reply to the letter of Your Excellency's Government in this depart-
ment, No. 17, of the 4th of May, 1874, in which you report Bhedeath of
Khan blahomed Waikar, and the nomination by you of his kinsman
Ajmodin, a lineal descendant of the first British grantee,as the head of
the family, to whom the saranjarn should be continued, 1 have to inform
you that 1see no objection tothis arrangement. Shekh Khan Mahomed's
fraud in endeavouring to obtain the succession of a supposititious child
having been punished by the exclusion of his own progeny from the
succession, Her îvlajesty's Government can only express their hope that
the branch of the family now installed may prove itself worthy of your
selection."
In pursuance of these resolutions the ivhole of the jaghir and inam
incomes were made over to Shekh Ajmodin, and the Agent, and the
administrators of the estate which had been taken into the hands of the
Government, called on ail persons to acknowledge him as owner. On the
6th of October, 1876, CoIonel Etheridge, the Alienation Settlement
Officer, reportedasfol1ows:-
"He (Colonel Etheridge) is of opinion thatas Government have sanc-
ioned the adoption, the whole estate intact, saranjam and inam as restor-
ed after the war, under the treaty of the 3rd of Jul1820, is continuable
asa guaranteed estate to the adopted son (Ajmodin) as the head of the
family and should be entered in the accounts accordingly, the same as
al1other treaty estate of saranjam and inam."
On the6th of November, 1876, Colonel Etheridge's report was confirm-
ed by the Government in the following Reso1ution:-
"The suggestions of the Ahnation settlement Officer are approved,
carried out."
and should be ANNEXES TO REJOINDER (F NO. 35) 443
Thus it appears that the Government, on the death of Khan Mahomed,
resumed the saranjam held by him, and re-granted it to Ajmodin, on the
ground that the Government has the right to resume jaghirs. It isnot
to be supposed that this right would be exercised capriciously, but
asçuming it to exist, it would not be competent for any Court to review
this decision of the Government on the ground that the reasons upon
which it proceeded were erroneous. This Board, therefore, does not feel
called upon to express any opinion upon the question whether the
spurious birth of Sultan Sani has been established. Their Lordships,
however çee no reason to doubt that the inquiry by Lieutenant Sandford
was conducted in a judicial manner, and that full opportunity was given
to the accused to cross-examine the witnesses called against him, and
to cal1 witnesses in his favour. The good faith of Lieutenant Sandford
and his coadjutor, Gopalrao Hurry, has not been called in question, and
the various perçons kvhoseduty it has been to consider the findings of
those officials have arrivedat the concIusion that there was no ground
to set aside those findings. Their Lordships are of opinion that the ques-
tion to whom a saranjam or jaghir shall be granted upon the death of
its holder is one which belongs exclusively to the Government, to be
determined upon political considerations, and that it is not mithin the
competency of any legal tribunal to review the decision which the Gov-
ernment may pronounce. This principle is clearly expressed, not for the
firsttirne, in Bombay Act VII, of 1863,sect.2, clause3, and is recognised
in cases where the question has been raised.
Thus far as to the saranjams claimed by the Aypellant. It has been
contended that a different question arises with regard to the inams.
Their Lordships, however, are of opinion that no distinctionari be drawn
between the inam and the other property in question. As has been pointed
out, the sanads of 1785 included the inam villages and lands with the
mokasa as parts of one saranjam for the support of troops. The effect
of the treaty of the 3rd of July, 1820W~S to continue to Shekh Nira the
whole of the property, including the inam as a personai and rnilitary
jaghir. This waç done by the Government on political considerations,
and the tenure thereby created was political. This waç the view taken
by the Government in 1876,when it adopted the report of the Alienation
Settlement Officer, that "the whole estate intact, çaranjam and inam,
asrestored after the war under the treaty of the 3rd of July, 1820,is
continuable as a guaranteed estate to the adopted son" (Ajmodin) "as
the head of the family".
Their Lordships, therefore, concur in the opinion expressed by the
Governor in Council that a mixed estatc of saranjam and inam was
granted by the treaty of July, 1820, to be held on the same political
tenure, and passed intact to the person whom the Government might
recognise as the head of the family, and that it is not competent for any
court of law to dispute it.
In this view of the case it is unnecessary to consider the various other
questions which have been discussed on the argument of this appeal.
Their Lordships will humbly report to Her Majesty that the decision
of the Governor in Council be affirmed. The Appellant must pay the
costs ofthe appeal.
Soiicitors for Appellant:BLOUNTL ,YNCH, a'PETRE.
Solicitors for Respondent : BURTON, YEATESH , ART, & BURTON. Annex F. No. 36
DECISION IN THE BARODS AARANJAC M ASE ,EFORE THE
HIGH COURT OF BOMBAY 1,928
INDIAY LAWREPORTS
BOMBAY SERIES,VOLUME LITI, 1929
APPELLATE CIVIL
Befort Sir Charles Fawcett,Kt., Acting Clzief Justice, and MY. Jztstice
MztrPhy
SHRIMANT SAYAJI MARARAJ GAIKWAR OF BARODA REPRE-
SENTED BY THESARSUBHA OF THE BARODA STATE (ORIGINALDEFEND-
ANT NO. I), APPELLANT v. IiADHAVRAO RAGUNATHRAO
DHAVALE AND OTHEKS (ORIGINAL PLAINTIFF AND DEFENDANT NSos2
TO 7).RESPONDEN T.S
Saranjnm-Grant whether Inarn or Snranjam-Jurisdiction of Civil
Coztrts-Saranjam grant of Royal slzave of revenue-Grant by Snran-
jamdar of soi1 togçther with mirasi rights therein-Resumfitioland
regvant of Saranjarn by ISrilish Government-Resztmfitiaoperative on
mirasi rights-Grantee takes the estate free /rom alienations by previous
holders-Alienation of mirasi rightsby the Saran7amdar in favoztr of
stranger-Evidence oj resumption-Indian Evideace Act (1 of 18721,
section 91-Civil Procedure Code (Act V of 1go8J,secti0.86-Indian
Limitation Act(IX of 1go8), sections3, 13, and Article 14z-Deductzo~z
of bimefakenzepinobtwiningcertificatetosz$efrom GoverramO#Irzdia-
Residence ozctof British India-Exclzcsioof time.
In the year1728, Shahu hlaharaj, the Raja of Satara, grantadvillage
in British India to PiIlaji Gaikwar unaeSanad under which the villrige
was to be continued as Inam to Pillaji's family from generation to gener-
ation. The grant was of the royal share of the revenIn.1863 the then
Maharaja Khanderao Gaikwar granted the village to L; this grant was
in termsa grant of the soi1including the mirasi rights in theinsuit.
On L's death in 1879,he was succeeded by his son and grandson,Irand
R respectivelyR left two widows; C being the senior widow, her name
was entered as occupant of the lands, whereupon the Baroda State
contested the entry and succeeded in904 in getting it removed and the
name of the Gaikwar entered instead. In October 1905 , adopted the
plaintiff. The Baroda State succeeded in recovering possessionof the
suit landsin1906-07.On July 25, 1916the plaintiff applied under section
86 of the Civil Procedure Code to the GovernmenofIndia for permission
to file suit against thEaikwar in conncction withthese lands and got
the permission on November 15,1920. He filed the present suit on J2,e
1922, to recover possession of the lands in suit. The trial Court decreed
the plaintiff's clsim. nefendaBo. Iappealed to the High Court:-
' Appeal No. 244 of 1925 from the origindecree passed biV.C. Sane,
Joint First Class Subordieat Poona,in SuitNo. 593 of1922. Held, (s)that the grant to the Gaikwar was one of Saranjam subject
to the restrictions that apply to the grant of that nature and that the
mere use of expresçionç such as grant of land "for ever" or from "gener-
ation to generation" in the grant did not prevent the grant being one
of Saranjam, nor was the use of "Inam" instead of "Saranjam" in the
grant conclusive ;
(2) that primarily it is for the Government to decide in any particular
case whether a political tenure such as Saranjam exists as enacted in
Bombay Act II of 1863,section 16, and Bombay Act VI1 of 1863, section
32, and that the Civil Court cannot interfere with that decision;
Ramchandra v. Venkatrao *and Shekh Sultan Sani v. Shekh Ajmodin 2,
followed:
(3) that the grant by Khanderao Gaikwar in 1862 being a grant of
the soi1which covered the mirasi rights in the lands in suit, the Govern-
ment would be entitled to resume these rights as part of the Saranjam
estate:
Secretary of State for India v. Girjabai3, followed:
(4) that the alienation of the mirasi rights in the lands in suit was not
valid and binding on any successor of the then Saranjamdar inasmuch
as it was an alienation to a stranger which conferred no benefit on the
Saranjam estate and was not acquiesced in by the holder :
Madhavrao Hariharrao v. Anusuya6ai4, Sakharam v. Trimbakrao
and Madhavrao Raste v. Inams, referred to;
(5) that the act of resumption was not a matter which was required
by the law in force in British India to be reduced to writing under section
91 of the Indian Evidence Act, nor was there any law in the Baroda
State where resumption was made, requiring the act of resurnption to
be reduced to writing;
(6) that the plaintiff was not entitled to deduct the time spent in
obtaining a certificate under section 86 of the Civil Procedure Code to
file a suit against the Gaikwar in view of the express provisions of section
3 of the Indian Limitation Act:
Rzcfickand Makztndas v. Mztkunda Mahadev 7, distinguished, and
Domun v. SIzztbulIioolal18,LleutschAsiatische Bank v. Hira La11 Bardhan
G Sons 9,referred to;
(7) that section 13 of the Indian Limitation Act must be read consist-
ently with sections 85, 86 and 87 of the Civil Procedure Code so far as
a Sovereign Prince or a Riiling Chief is concerned :such a Prince or Kuling
Chief crtn be held to reside in British India within the meaning of that
section, in so far as he actually carries on his business through his
representatives in British India:
(rS8z) 6 Born. 598at p.Gio.
a (1892) 17Born. 431 atp. 456.
a (1927)L. R. 54 I.A. 359.
(rg16) 40Born. 606.
(1920)23 Born. L. R. 3i4.
' (1925) 50Born. 195.
' (1914) 38 Born. 656.
a (ISGS) IOW. R. 253.
(1918) 46 Cal. 526. Atzcl Kristo Bose v. Lyon G Co. l and Poorno Chunder Chose v. Sas-
sonn 8,not followed in regard to the case of a Sovereign Prince or Ruling
Chief ;
(8)that the suit was barred under Article 142of the Indian Limitation
Act, in view of the fact that the suit was filed more than 12 years after
dispossesçion.
This was an appeal from the decision ofV. G. Sane, Joint Firçt Class
Subordinate Judge of Poona, in Suit No. jg3 of 1922-Suit to recover
possession with mesne profits.
The village of Davdi in the Poona District was in the year 1728A.D.
conferred by Shahu hlaharaj, the Raja of Satara, upon the then Gaikwar
Pallaji under a Sanad, Exhibit 180, which was worded as fol1ows:-
"New Inam has been granted to Pillaji bin Gaikwar who is under
the control of Rajeshri Khanderao Dabhade Sennpati. Because he
is a devoted servant of Swami (King),it is considered necessary to
support him and the King has been pleased with him and has granted
a new Inam of below-mentioned village to be enjoyed in lineal
succession from generation to seneration:-
I Mouje Davdi Tarf Chakan together with Ku1 Bab and Ku1
Kanu exclusive of Hakdars and Inamdars.
It was a grant of the royal share of the revenue. The lands in suit,
viz., Survey Nos. 1,2, 3, 81, 89,100, 101, 340, 343, 368 and 369 situate
in the said village of Davdi were in the possession and enjoyment of the
Gaikwar family from about 1834 to 1854.
In 1862 the then Gaikwar Khanderao made a grant of the viltage
Davdi to Limbaji, the ancestor of the plaintiff, in the following terrns:-
"Knowing that you have been devotedly serving the State, the
Sarkar has graciously conferred upon you the village of Davdee
Taraff Chakan, Zilla Poona, which is held by the State as a here-
ditary grant x (torn) x together with rates and taxes (torn)
rights of Patilship, four boundaries being defined, exciusive of
share and grant holders and inclusive of water, grass, herbs, wood
and trees, stone. quarries, mines and buried treasure has been
grantcd to you in perpetuity and without condition enjoying this
grant according to the prcvailing systern from generation to gener-
ation continue to serve the State lovally, faithfully and obediently.
The English Governrnent will be addressed regarding the carrying
out of the grant of the village to you."
'The grant is a grant of the soi1 and is so worded as to show that
wliatever rights the Gaikwar family liad in the village Davdi were
assigned to the plaintiff's family, including the mirasi rights in the
lands in suit, enjoyed by the Gaikwar family from 1834 to 1854.
Limbaji died in1879.On Limbaji's death the Dewan of Baroda passed
orders as per Exhibit 155 to the effect that the village of Davdi should
be continued to the son for life and until further orders. He was succeeded
by his son Madhavrao who held the lands in dispute till his death.
(1887)14Cal. 457.
(1898) 2Cal.496. ANNEXES TO REJOINDER (F NO. 3b) 447
Madhavrao's son Raghunathrao was also the occupant of these lands
tili 1902 when he died leaving two widows Chandrabai and Sitabai.
Chandrabai being the senior widow, her name was entered by the Col-
lector as the occupant of these lands. The Baroda State contested this
entry and succeeded in 1904 in getting it removed and the narne of the
Gaikwar entered instead. In that year the Bombay Government declared
by their orders dated April 4, 1904 (Exhibit xgo), that the grant by
Shahu Maharaj to the Gaikwar should be treated as a Saranjam formally
regranted to His Highness the present Gaikwar. In these orders the
Government clearly point out the nature of the tenure on which the
village Davdi was subsequently transferred by the Gaikwar to Limbaji
in 1862 and state that His Highness Khanderao Maharaj had no power
to confer on Limbajirao any tenure lasting beyond the former's lifetime
and that so far as this grant purported to confer an heritable estate
beyond that period, it was invalid as against the British Government.
Chandrabai adopted the plaintiff in October 1905. After the name of
the Gaikwar had been entered with the approval of the Government of
Bombay against these lands, the Baroda Durbar took action to take
possession. Among other things they entered into an agreement with
Sitabai on February 27, 1906, by which in consideration of a grant of
maintenance allowance, she assigned to the Gaikwar such rights she had
in the lands including those under rent notes which she had already
passed to certain tenants. The Gaikwar then through his representative
took proceedings in the form of assistance suits with the result that
eventually he got possession of these lands some in 1906 and some in
19On July 25, 1916 ,he plaintiff applied to the Governrnent of India for
permission to file a suit against the Gaikwar of Baroda in connection
with these lands; but he did not get permission to file the suit until over
four years afterwards, namely on Novernber 15, 1920. Plaintiff filed the
present suiton June 2,1922. In his plaint he claimed that he was entitled
to exciude the period from July 25, 1916, to November 15, 1920, which
had been spent in obtaining the necessary certificate under section 86
of the Code of Civil Proccdure.
The trial Court held that the plaintiff was the validly adopted 50It
of Raghunathrao Ilhavale, that he was the owner of the lands in suit on
the ground that in spite of resumption and regrant of the village Davdi
to the present Gaikwar by the British Government the mirasi rights
enjoyed by the Illiavale family in the lands in suit remained unaffected,
that he was entitled to exclude the time spent in obtaining the necessary
certificateunder section 86 of the Code of Civil Procedure and that the
suit was in time by reason of section 13 of the Indian Limitation .kt and
decreed the plaintiff's claim as per its decree dated April 6, IgZj.
Defendant Ko. I appealed to the High Court.
H. C. Coyajee, with K. Pl/.Desai, for the appel1ants:-It has been
found by the lower Court that before the grant to Lirnbaji in 1862, the
lands in suit were held by His Highness the Gaikwar's family as inirasi
lands, that by the grant Lirnbaji's family became eiititled to the mirasi
rights in the suit lands, to the Patilki rights in four survey numbers not
in suit,and to the right to recover the royal share of the revenue of the
village Davdi which the Gaikwar u7as entitled to receive till then. In
other words, Limbaji's family acquired the rights as mirasdars in the
suit lands by virtueof thegrant of 1862. It is not the plaintiff's case thatLimbaji's family acquired these mirasi rights subsequent to and indepen-
dently of their grant in 1862 as inamdars by reason of any forfeiture,
lapse or resumption. Thus Secvetary of State v. Girjabai lrelied upon by
the lower Court, does not apply, but the remarks at pages 1186 and 1189
make the point clear, and the view there expressed iç accepted by the
Privy Council in Secretary ofState for India v. Girjabaia: seealsoSecretary
of State for India in Council v. Luxmibai 3.Further, thegrant to Limbaji
has been, as found by the lower Court, not only of the right to receive
the royal share of the revenue but of the soi1also. When the Gaekwar
resumed the grant he acquired also the mirasi rigbts which Limbaji
might have acquired during the continuance of the grant. The view of
the lower Court that there was no forma1 order of resumption on the
death of Madhavrao is not correct, in view of the protests made by H. H.
the Gaekwar, when the village was entered in the name of Raghnunath-
rao by the Collecter, and on Raghunathrao's death in the name of his
widow Chandrabai, and the representation made by the Gaekwar. In
1904 the Bombay Government formally resumed the village and re-
granted it to the Gaekwar. The effect of the resumption and regrant is
that the grant to Limbaji is resumed and along with the resumption of
the village of Davdi, the mirasi rights in the suit lands, which Limbaji
acquired along with the said village, were also resumed. The Bombay
Government had, in passing the resolution, made the position clear that
the grant by Shahu Maharaj to Khanderao Gaekwar was made as a
Saranjam, and that a grant by the Saranjamdar in excess of his powers
would not bind his successors.
hloreover, the plaintiff's claim is clearly barred. The plaintiff is not
entitled to claim exemption of the period required for getting the certi-
ficate under section 86 of the Civil Procedure Code. There is nothing
in the Indian Limitation Act to allow such an exemption. The case of
Rufichand Makz~ndas v. Mzkkunda Mahadev *is clearly distinguishable,
as it was a case under section 48 of the Dekkhan Agriculturists' Relief
Act, which section expressly provides for exclusion of the period required
in obtaining a conciliator's certificate. The maxim "lex non cogit ad
iwzpossibzlin"cannot apply to the present case. There was no real hard-
ship or impossibility in the case. The plaintiff allowed nine years to
pass before applying for permission and waited another eighteen months
after getting the permission before he brought the suit: see Jarnini v.
Nagendra and Jug La1 v. Har Naraivz Sing/ze.
Section 13 of the Indian Limitation Act does not apply for two
reasons. First, the section must be read with sections 84, 8j, 86 of the
Civil Procedure Code. The residence of a liuling Chief is not relevant.
What is relevant is the consent of the Government. The word "defendant"
is defined in the Civil Procedure Code, and it must be interpreted in the
light of the relevant provisions of the Code. Secondly, the section does
not apply to suits for possession brought on the ground of dispossession.
To such a suit Article 142 of the Indian Limitation Act applies: see
l (rg24) 26Born. L.K. I 173.
(1927)L. R. 54 1. A.359.
(1922)L. K. 50 1. A.49.
(1914)38 Born. 656.
"1925) 43 Cal.L. -J.155.
(1888)IO -411.524. Harrzfiglon v.GoneshRoy l.The cases of Atzd Kristo Rose v. Lyon G Co.
and Poorno ChztnderGhose v. Sassoon are not directly in point. This
being an ejectment suit, the plaintiff rnust succeed on the strength of
his own title.
G. S. Rao, for the respondent :-The original grant is only a grant of
the royal share of the revenue. It was an inam grant to the Gaekwar
and his descendants from generation to generation; in other words, it
was a hereditary and absolute grant. The use of the word "inam" in the
Sanad shows that thegrant was inam and not Saranjam. The subsequent
grant to the plaintiff's ancestor Limbaji by Khanderao Gaekwar was
a grant, in consideration of faithful services rendered by the former,
of the Patilki watan conveying the soi1aIso, and not merely a grant of
the royal share of revenue. The plaintiff's family became entitled to the
mirasi rights in the suit lands, to the Patilki rights in the four lands not
in suit, and to the rightto recover the royal share of the revenue which
rhe Gaekwar was entitled to receive till then. The orders passed by the
Divan of Baroda in 1879 clearly show that the grant was to continue
during the lifetime of Limbaji's son and until further orders. No orders
were passed by the Gaekwar putting an end to the grant, in fact there
was no resumption. There has been no reference to any resumption even
in the written statement of the defendant. The agreement made between
Sitabai and the officers of the Gaikwar shows that up to the date of the
grant in 1906, there was no resumption. On the strength of this agreement.
rent suits were filed in 1906-08.
Rule 5 of the Saranjarn Kules does not prohibit alienations of Saranjam
estate as in the case of watan estate or cases falling under section 56
of the Land Revenue Codc: see MadJzavraoHariharrao v.Anusuyabai 4;
Sakharam v. Trimbakrao and Mildhavrao Raste v. Imame. A grant of
mirasi tenure is not an alienation but an act of management binding
on the successors of the Saranjam estate: see Sakharam v. Trimbakrao7
and ~WadhavraoRaste v. Imama. Rule 5 does not expressly prohibit
alienation by way of mirasi rights. The Privy Council case of Secretary
of State for India v. Girjnbai8 does not decide the question whether a
Saranjamdar can create mirasi rights in favour of strangers, but it
leaves the question open. The grant in favour of plaintiff's ancestors
has never been impeached: the defendants' ancestors have acquiesced
in it.
Asregardslimitation, although the plaintiff's right to recover possession
accrued in 1906-07, still he is entitled to deduct the time required in
obtaining the permission of the Governor General in Council to file a
suit against defendant No. I, under section 86 of the Civil Procedure
Code. The maxirn "lex non cogit ad impossibilia" applies: see The Gener-
ouss: Hzck v. Rodocalzachi l0: Mayer v. Harding ll; and Kzbpciaand
l(1884) IOCal. 440 at p.442.
(1887) 14 Cal.457.
(1898) 25 Cal. 496.
(1916) 40 Born. 606.
(1920) 28Born. L.R. 314.
(1925) 50 Born.195.
(1920) 23Born. L. R. 314.
'(1927) L.R. 54 1. A. 3j9.
(1818) 2Uodson Adm. R. 322.
Io[18gr] 2Q. B. 626 atp. 638.
l1 (1867)L. R.2 Q. B. 410. ANNEXES TO REJOINÜER (F NO. 36)
450
Makundas v. Mukztnda Mahadev l;see also section13,Indian Limitation
Act. The word "defendant" is as much appticable to a Ruling Chief
as to any other individual: see AlztlKristo Bose v. Lyon G Co. and
Poorno Chunder Ghosev. Sassoon
Coyajee, in rep1y:-There can be no case of acquiescence on the part
of the Saranjamdar, in view of the protests made by H. H. the Gaekwar
from time to time. It is not a case of a transfer of mirasi rights in favour
of strangers, the transfer was of the whole village of Davdi including
the mirasi rights in the suit lands. In fact the grant was a grant of a
village intact. It was not as if Khanderao was creating occupancy rights
in favour of outsiders. The grant that was made to Limbaji was not on
account of any unavoidable necessity. The grant to Limbaji was not in
consideration of past services, but was by way of remuneration for
military services-first as Rinidar and subsequentIy as Senapati-to be
rendered by Limbaji. The order passed by the Minister of Baroda Sir
T. Madhav Rao makes it clear that so far as Limbaji's father \vas
concerned he was an unknown quantity in the Baroda State and Limbaji
himself began his career as folder of turbans in the military camp.
-4s regards the point left open by the Privy Council in the case of
Secretaryof State forIndia v. Girjabai 4,it should be observed that there
was no benefit reserved to the State by the gant of mirasi rights. I cal1
attention to this distinction ~vhichhas been referred to in the judgment
of this Court in Girlabai's case" at page 1189.
On the question of limitation, the plaintiff does not offer any ex-
planation as to why there was a delay of ten years in applying for
permission under section 86 of the Civil Procedure Code. If section 13
of the Indian Limitation Act is held to apply it would mean that there
is no period of limitation as against a Ruling Chief, which would be going
contrary to section 3 of the Act.
FAWCETT, AG. C. J.:-In this suit against the Gaikwar of Baroda,
.the plaintiff seeks to recover possession of certain lands situate in the
village Davdi, in the Poona District, to which he claims to be entitled
as the adopted son of one Kaghunathrao, who died in February 1902.
There is now no dispute that the plaintiff was in fact validly adopted by
Raghunathrao's widow Chandrabai in October 1905. The main question
in dispute is whether these lands vested in the plaintiff at his adoption,
or,as the Gaikwar of Baroda alleges, had been validly resumed by him
prior to the plaintiff' adoption. Then there isa subsidiary issue as to
whether the plaintiff's suit is not in any case time-barred.
The main facts may be briefiystated. The villageof Davdi was in the
year 1728 A.D. confecred by Shahu Maharaj, the Raja of Satara, upon
the then Gaikwar, Pilaji, under a Sanad which is Exhibit 180. The lands
in suit are proved by evidence in this case to have been in the enjoyment
of the Gaikwar or mernbers of his family from about 1S34 to 1854. In
1862 the then Gaikwar, Khanderao, made a grant of the village to one
Lirnbaji, who was the grandfather of Kaghunathrao. The grant is worded
so as to confer even more than what was granted by the original Sanad
of 1728. and would certainly cover the particular lands in suit. Limbaji
(rgrq) 38Born. 656.
(1887) 14Cal.457.
(1898)25 Cal. 496.
(1927)L.R. 54 1.A. 359.
(1924) 26Born. 1..R. 1173. ANNEXES TO REJOINDER (F NO. 36) 451
died in1879 and was succeeded by his son Nadhavrao. There is evidence
that Madhavrao had possession and that after his death in rgoo the
lands were in the occupation of his son Raghunathrao tilIhisdeath in
February 1902. Raghunathrao's name had been entered by the Collector
of Poona as the occupant of these lands in 1901 .aghunathrao left two
widows, Chandrabai and Sitabai; and the name of Chandrabai was then
entered by the Collector because shc was the senior widow of Kaghu-
nathrao. The Baroda Darbar contested this entry, and succeeded in
1904 in gettiiig it removed, and the name of the Gaikwar entered instead.
risalready mentioned Chandrabai adopted the plaintiff in October 1905.
After the name of the Gaik~var had been entered wjth the approval of
Government of Bombay against these lands, the Baroda Darbar took
action to take possession, Among other things, they entered into an
agreement with Sitabai on February 27, 1906, by which in consideration
of a grant of a maintenance allowance she assigned to the Gaikwar such
rights as she had in the lands, including those under rent notes that she
had already passed to certain tenants. The Gaikwar then through his
representative took proceedings in the form of assistance suits ivith the
result that he eventually got possession of these lands, some in 1906,
and some in 1907. The plaintiff applied on July 251916, to the Govern-
ment of India for permission to file a suit against the Gaikwar of Baroda
in connection with these lands. But he did not get permission to filthe
suit until over 4 years afterwards, namely on November 15,1920. He
then brought the present suit on June 2, 1922, in order to recover pos-
session with mesne profits, as already mentioned. In his plaint he claims
that he was entitled to exclude the period from July 25,1916, to Novem-
ber Ij, 1920, which had beerl spent in obtaining the necessary certificate
under section 86 of the Code of CivilProcedure, in calculating the period
of limitation of the suitand that therefore the suit was not barred. The
two main issues, therefore, were the 2nd and 4th of those framed by the
Subordinate Judge, namely, (1) "1s it proved that the plnintiff is the
owner of the lands in suit?" and (2)"whether the plaintiff's suit is
within tirne."
As ta the first issue,the original grant to the Gaikwar (Exhibit 180)
was a grant merely of Iand revenue and not of the soil, as is mentioned
in paragraph 7 of the Subordinate Judge's judgment and is common
ground before us. Government in their Kesolution of 1904, which is
Exhibit Ain this appeal, held that that grant was.one of Saranjam.1may
here mention that Exhibit A was adrnitted by consent in this appeal in
view of the fact that a copy of the same Resolution had been tendered
in the lower Court but had been rejected as being a copy of a copy,
and therefore technically inadmissible. This Court also considered it
highIy desirable that the original Resolution should be on the record of
the case. Therefore, it has been admitted, asadditional evidence in appeal
under Order XLI., rule 27, Civil Procedure Code. The Gaikwar accepts
the position that in fact this was a Saranjam grant. ltis contended by
Divan Uahadur Rao for the plaintiff-respondentthat really it is not a
Saranjam grant but an ordinary inam grant without any of the
restrictions connotedby the word"Saranjarn". Divan Bahadur Kaopoints
out that the grant contains wide words namely "a new Inam" of the
villages mentioned "to be enjoyed in iineal succession from generatior~to
generation" and that the word used is "inani" and not "Saranjam".
But, in my opinion, this does not justify this Court in difierifrom the-yiew that Government had taken on this point. Prirnarily, it is for
Government to determine in any particular case of this kind, whether a
political tenure such as Saranjam exists. This is enacted in Born. Act II
of 1863, section 16, and Born. Act VI1 of 1863, section 32 (cf. Act XI of
1852, Schedule B, clause IO). It has accordingly been laid down in
Ramchandra v. Venkatrao ' and in Shekk Sultan Sani v. Shekh Ajmodin
that questions of this kind are primarily for Government to decide and
that no civil Court can interfere with their decision. The Iast mentioned
case also points out that the mere use of wide expressions such as the
grant of land "for ever" or "from generation to generation" does not
prevent the grant being one of Saranjam. Nor again isthe use of the word
"inain" instead of "Saranjam" conclusive. The grant is mentioned as
being given to Limbaji by virtue of his rank of Senapati, a rnilitary title,
and of his being a devoted servant of the king; this supports the view
that the grant was one primarily for military purposes, so as to fa11
under the description of Saranjam. Again, the grant has been so shown
in the Alienation Register kept under section 53 of the Land Revenue
Code. Even before the Keçolution of 1904 it was so shown, as is mentioned
in paragraph 3 of the letter of the Commissioner, C. D., dated May 5,
1903, which is recited in the preamble of that Resolution. Therefore, 1
am of opinion that this grant to the Gaikwar must be held to be one of
Saranjam, and subject to the restrictions that apply to a grant of that
nature.
The grant by Khanderao Gaikwar to Limbaji in 1862 was undoubfedIy
a grant of the soil, as has been held by the Subordinate Judge in para-
graph 9 of his judgment, as it uses words which are associated with a
grant of the soil. Divan Bahadur Rao contends that such a grant would
cover mirasi rights in the lands in suit. That is a contention which, 1
think, must be conceded. Those rights are shown by Exhibits 197 and
202 to have vested in the Gaikwar, whoce family cultivated them through
servants. How exactly they acquired such rights is not inevidence, but
it has been comrnon ground before us that they were presumably
acquired by virtue of the powers of management that a Saranjamdar or
Inamdar has to utilise vacant lands for the best purpose available, or to
dispose of lands, that have lapsed either through forfeiture, resignation
or want of heirs. There is no evidence of this, but for the purpose of this
suit, that may, 1 think, be taken to be the mariner in which the Gaikwar
obtained possession, in the absence of anything suggesting that the
Gaikwar had acquired any rights in these lands apart from the grant of
the village to him in 1728.
That being so, Divan Bahadur Rao further contends that these mirasi
rights wouId not be resumable under the Saranjam rules or otherwise,
assuniing that the original grant of 1728 is one of Saranjam. The Sub-
ordinate Judge's remark in paragraph 8 of this judgment that "it is
immaterial whether the rights to these lands were held by the Gaikwar
before the grant by Raja Shahu or thereafter" is cIearly wrong in view
of the decision of their Lordships of the Yrivy Council in Secretary oj
State #OPIndia v. Girjabai l.As 1 have already statedthere is no suggest-
ion in this case that the Gaikwar acquired any right in these lands prior
l (1882)6 Born.598 at p.610.
' (1892)17 Born.431 at p.456.
' (1927)L. R. 541. A. 359. to the grant of 1728, and, therefore, the case is one whicb is of a simiIar
nature to that which was the subjectmatter of the decision in Girjabai's
casel.That also was a case of land incIuded in a Saranjam grant of the
revenue of certain vilIages, andthe Privy Council held that land included
in such a Saranjam grant, which hüd passed into the possession of the
Saranjamdar upon the Khatedar's family becoming extinct, or through
his default in paying the revenue, did not go as the private property of
the Saranjamdar to his heirs, but was property, which, on the death
of the Saranjamdar, Government was entitled to resume as part of the
Saranjam estate. In the present case, however, the Sara~ijamdar trans-
ferred his rights in these lands to a third party, and their Lordships in
Girjabai'scase kept open the point whether a Saranjamdsr could create
rights in favour of third perçons by virtue of his powers of management,
which would not be reçumable but could be treated as the private
property of such third party. Tt is, therefore, contended that this case
is not governed by Girjabai'scase l,and that the dienation of the mirasi
rights in these lands by the Gaikwar Khanderao in 1862 to the great
grandfather of the plaintiff is valid and binding on any successor of the
then Saranjamdar, Khanderao. In support of this contention Divan
Bahadur Rao kas cited Madhavrao Huriharrao v. Anusuyabai Sak-
lacaramv.Trimbakrno and Madhamao Raste v. Imama. It is unfortunate
for him that Iam rather tied in regard to this point by the opinion1 have
already expressed against such a contention, or at any rate against the
contention that, in every case, an alienation of this kind isbinding upon
a Saranjarndar's successors. 1 refer to my remarks in Secretary of State
v. Girjabai5, with regard to the decisions in Madhavrao Hariharrao v.
Anusz*yubui aand Sakharam v. Trimbakrao 3.It is true that iMadizavrao
Rnste v. Imam' 1 was a party to a decision that the grant of mirasi
rights iç not necessarily an alienation invalid beyond the life-time of
the Saranjamdar rnaking the grant. That decision draws a distinction
between an alienation of mivasi rights to a stranger which confers no
benefit on the Saranjam estate and a grant of such rights to a cultivator
for the benefit of theestate. At page 438 1 pointed out that none of the
kabulayats conferred a rent-free estate. At page 439 I said that each
case must stand on its own facts. 1 further remarked that there had
been acquiescence in the grant by the plaintiff's predecessor-in-title, and
under the circumstances 1 held that there was a Iegitimatc presumption
that the grant had been made for necessary purposes and, therefore, was
binding on the present Saranjamdar. Such a case is on a quite different
footing to the one we have to consider in the present suit. Here the alien-
ation was one which is absolutely rent-free. No benefit is reserved to the
Saranjarn estate in the way of rent or in any other manner. The rents
of these lands al1 went into the pocket of Limbaji and his descendants.
Limbaji appears from the remarks of Sir T. Madhavrao in Exhibit 195
to have been an undeserving favourite of Khanderao; and although he
isrepresented in a better light in Madhavrao's petition of 1880 (Exhibit
1861 ,e had no previous connection with this estate. Far from there
(1927) L.R. 54 1. A.359.
a (1916) 40 Born. 606.
(1920)23 Born. L. R.314.
(1925)28 Born.L. R. 433; 50 Born. 195.
(1924) 26Born. L. R.1173 at p.1191; 49 Born. 126having been any acquiescence on the part of the present Gaikwar, who
succeeded to the Gadi in about 1874-1875, we find that upon Limbaji's
death in 187g,,clear orders were passed that his son Madhavrao was held
to have no right to a continuance of the village, but it was continued
for his life-time and until further orders as an act of grace (seeparagraphs
6, 7 and 8 of the orders in Exhibit 195). These orders were enforced, as
clearly appears from Madhavrao's petition dated July 8, 1880 (Exhibit
1861,where he says that the decision was enforced by the attachment of
the village of hlatraj and liy the withdrawal of certain allowances. In
view of these circu~nstailces,I think that this is clearly noa case of an
alienation that can properly be held to bind the successor of Khanderao
Gaikwar. In regard to such an aIienation 1 adhere to the view 1 have
expressed in SecretaryofStatev. Girjabai and MadlzavraoRaste v. Imama.
Therefore, 1 differ from the view expressed by the Subordinate Judge in
paragraph 10 of his judgment that the rights of the Dhavle family
remained unaffected by the formal resumption of the Saranjam in 1904
by the Bombay Government and its regrant to the present Gaikwar.
Upon such regrant the Saranjam estate would pass as an estate unbur-
dened by any alienation that is not binding beyond Khanderao:~ life-
time. If there was any technical defect in the validity of any prior
resurnption by the Gaikwar, that would be cured by the order of Govern-
ment passed in 1904; or at any rate persistence in such resumption after
the re-grant would be valid. It isto be noted that the re-grant was long
before the plaintiff's adoption in 1905, so that, a valid resurnption in
1904-1905, consequent on the death of Raghunathrao in 1902, would
suffice to prevent the plaintiff obtaining any title to these lands.
1next corne to the contention that there is no evidence of any further
orders of the kind contemplated in paragraph 8 of the Divan's orders of
July 14, 1879, Exhibit 195. That is a view which has been adopted by
the Subordinate Judge in paragraph 12 of his judgrnent. But in my
opinion there is clear evidence of action by the Gaikwar showing that
he was opposed to any further continuance of the grant of this village
at any rate after Raghunathrao's death in 1902. This is, for instance,
sliown by the representation from the Baroda Darbar, which is recited
in full in the preamble to the Government Resolution of February 26,
rgo4, Exhibit A. In paragraph 6 ofthat representation a reference is
made to a communication by the Baroda Darbar, asking that the
Collector of Poona should not entertain any application from the heirs
of Madhavrao to enter their names in the records of the village, until
the question of succession to Madhavrao's emolumentç was finally
disposed of.That is relevant as an admission by defendant No. 1,which
is against him so far as it implies that in xgor there had been no final
orders passed, as to the resumption of the grant. Paragraph 7 says that
after Raghunathdrao's death in February 1902,a rcpresentation was made
stating tnat on his death the village had reverted to His Highness'
Government. That is no doubt an admission in favour of the person
making the staternent, which is not admissible in evidence. But apart
frorn that statement there is clear evidence that the Gaikwar's Govern-
ment took action to get the order of the Collector entering the name of
Chandrabai on the revenue record upset and to have the name of the
l (1924)26 Hom.L.R. 1173: 49 Born. 126.
' (1925)50Born. 195. ANNEXES TO REJOINDER (F NO. 36) 455
Gaikwar entered instead. That is a fact proved by Exhibit A, and it is
aIso deposed to by the Watandar Kulkarni of Davdi in paragraph 4 of
his deposition, Exhibit 118. There is the further evidence that the
Gaikwar got possession of these lands in 1906-1907.
Against this, it is contended that there is no actual order of resump-
tion on the record, and certainly this is a contention, which might in
certain circumstances be conclusive against defendant No. I. If such a
resumption is a matter which by law requires to be reduced to the form
of a document, then under section 91 of the Indian Evidence Act no
other evidence ~vould be admissible except the document or secondary
evidence of its contents in any case where secondary evidence is admis-
sible. For instance in regard to a case where a Collector is alleged to have
passed orders against an alienation of watan land under the Hereditary
Offices Act of 1874, such a document would have to be produced to
support a resumption under section g or II of that Act, because these
sections prescribe the Collector recording his reasons in writing, that is
toSay, the law requires the matter to be reduced to the form of a docu-
ment. But, there is nolaw which requires that a resumption by a Saran-
jamdar should be reduced to the form of a document. In the present case
the resumption is one made by a Native State. Le., not by an authority
in British India, and the law applicable would be that of the Baroda
State. It has not been alleged that in the Baroda State there is any law
which requires that such a resumption should only be made after the
Gaikwar or the Divan has recorded his reasons in writing for the resump-
tion. Even ifil was a case of a resumption by a Saranjamdar in British
India, there is no law, so far a1am aware, which requires a document
of this kind. Therefore, in rny opinion, the case is not one to which section
91 of the Indian Evidence Act applies, and other evidence is admissible
to show that in fact there have been orders of the kind contemplated in
paragraph 8 of the Divan's orders of 1879.The case is one which, in my
opinion, falls under section 114 of the Indian Evidence Act. The clear
evidence of the action taken hy the Baroda Darbar is such that the Court
can safely presume that therc were orders for the resurnption of thegrant
to Limbaji alter the death of his grandson Raghunathrao.
It may be added that this is not a case where the plaintiff gave notice
to defendant No. I to produce any such order of resumption and defend-
ant No. I failed to comply with such a notice. Mr. Coyajee for the
appellant has, in the course of his arguments, said that, on account of
the vague nature of the assertions in the plaint as to the plaintiff's title,
in spite of the attempt made by defendant No. I to get him to state it
more clearly, there has been a failure to put on record documentary
evidence that might othenvise have been produced. It seems to me that,
if the defendant No. I'Sadvisers had realised the importance of showing
that the order of the Divan in paragraph 8 of Exhibit 195 had been
followed by "further orders", a plain assertion to that effect would
no doubt have been made and the orders produced. The comments of
the Subordinate Judge in paragraph 13 of his judgment about there
being no plain allegation of resumption in the defendant Ko. 1's written
statement are to some extent justified. But it seems to me that in this
matter the plaintiff is also to blame, and that the omission to make such
an allegation cannot in the circumstances be treated asvirtuülly amount-
ing to an admission by defendant No. I that in fact there was no such
resumption. The evidence clearly goes al1the other way. ANNEXES TO REJOINDER (F NO. 36)
456
Divan Bahadur Rao has urged that the agreement, Exhibit 98,which
was made in February 1906 with Sitabai, supports his contention that
in fact there was no resumption, and he has also drawn Our attention to
allegations in the plaints in the assistanceuits that the lands sued for
had been in the possession of Raghunathrao owing to some right and
that this agreement with Sitabai gave defendant Ho. I a right to claim
rents from the tenants. On the other hand, Exhibit 98refers tothe mirasi
lands as belonging to the Gaikwar, and the only real admission against
him is the statement that the village of Davdi, including the mirasi
lands, was continued up to the death of Raghunathrao. That is not
inconsistent with what 1 have held to be proved, namely, that after the
death of Raghunathrao itwas decided that the grant should no longer
be continued in the family of Limbajirao. It was natural that, in order
to get posçession of these lands and recover rents, defendant No. I
should have entered into an agreement of thiskindwith Sitabai, esyecially
as she had already given rent notes for the lands, on which, under the
agreement of February 27, 1906, the Gaikwar could sue as an asçignee.
The agreement saved the necessity of establishing titlaliundeand having
to adduce evidence in a rent suit such as has been given in this sui1.do
not think, in the circumstances, that this agreement suffices to contradict
the plain evidence of resumption that I have referred to above. In my
opinion, the view taken by the Subordinate Judge in paragraph 15 of
his judgment that there are inconsistent allegations made by defendant
No. I, is not substantiated; and 1 hold, contrary to the Subordinate
Judge, that there was a resumption after Kaghunnthrao's death and
that such resumption was valid, at any rate, after the Bombay Govern-
ment Resolution of 1904. I would accordingly answer the first issue
(that is issue z in the lower Court) in the negative.
Then 1 corne to the issue as to limitation. According to the cause of
action alleged in the plaint there was dispossession of the plaintiff in
19x0 ,hat is to Say, the suit falls under Artic142 of the Indian Limit-
ation Act. On the 3rd issue in the lower Court the Subordinate Judge
held that dispossession really took place in 1906-1907, and there is now
no dispute before us about this. Therefore, in the ordinasv course the
suit should have been filed i1918 or1919 w,hereas, infactit was brought
on June 2, 1922. As I have already mentioned the plaintifi claims that
he is entitled to deduct a period of4 years, 3 months and 21 days from
July 25, 1916, to November 15, 1920,as time required to obtain permis-
sion to file a suit against defendanNo. I under section86 of the Code of
Civil Procedure. On the 5th issue in the lower Court, the Subordinate
Judge has held (paragraph 17 ofhis judgment) that this period can be
deducted, in çpite of the provisions of sectio3 of the Indian Limitation
Act, and although there is no express provision in that Act under which
such a deduction can be made, He bases this decision on the principle
referred to in R.~tpchandhlakundas v. Mukunda Mahadev l,namely,
tha.t"when the law creates a limitation, and the party is disabled to
conform to that limitation, without any default in him, and he has no
remedy over, the law will ordinarily excuse hirn". This iç merely an
application of the ordinary maxim "lex non cogit ad imfiossibilia"But
with due deference, this general principle, in my opinion, cannot prevail
against the express provisions of section3 of the Indian Limitation Act,
l (igrq) 38 Born. 6at p.6jS. ANNEXES TO REJOINDER (F NO. 36)
457
any more than principles of equity can prevail against the provisions
of statutory law such as section 49 of the Indian Registration Act and
sections 91 and 92 of the Indiari Evidence Act. Thus it has been field
that the fact of a plaintiff being absent from India on account of a
sentence of transportation makes no difference and tllat time continues
to run against him during such absence: Domun v. Shubul Iioolall l.
Again it has been held that the time during which an alien Bank had its
right to briiig suits suspended by an order of the Government of India
could not be deducted: Deutsch Asiatische Bank v. Hira La11Bardhan
& Sonsa. As pointed out in that case, there was really no hardship or
imposçibility and the plaintiff had time to bring his suit in spite of the
suspension. Similar remarks apply to the present case. There was no
real hardship or impossibiiityin this case. No doubt 4 years is an extra-
ordinary time for the plaintiff's appIication to have been under consider-
ation by the Government of India. But the plaintiff could have applied
very much.earlier than he did, for instance, in 1910, and so obtained
permission in plenty of time to bring his suit withi12 years. He allowed
9 years to pass before applying for permission and 18 months after
getting permission before he brought the suit. The maxim "vigilantibus
non dormientzbzts jura sz~hveniunt" applies, therefore, to the present
case. Even the maxim "Eexnon cogit ad impossibilia" is subject to the
consideration "that the party who was so placed used al1 practical
endeavours to surmount the difficulties which already formed that
necessity, and which, on fair trial, he found insurmountable" as pointed
out by Sir iV.Scott in a passage referred to in 'Broom's Legal Maxims,'
8th Edition, page zoz. Therefore, in my opinion, the plaintiff is not
entitled to deduct this particular period.
Finding that this excuse was a weak one, the plaintiff shortly before
the case was decided relied on section 13 of the Indian Limitation Act,
see Exhibit 205, dated March 23, 1925; and the Subordinate Judge has
allowed this plea. In paragraph 20ofhis judgment he holds that defendant
No. I was a Ruling Prince, who lived at Baroda, which is outside British
India and practically rnust have been so outside, excepting for a few
casual visits to Bombay or Poona, and that accordingly by reason of
section 13 of the Indian Limitation Act the present suit was in time.
Section 13 says "ln compiiting the period of limitation prescribed for
any suit, the time during which the defendant has been absent from
British India ... shsll be ecxluded." This view leads to a somewhat
extraordinary result in the case of a suit against a Ruling Chief, viz.,
that ordinnrily a suit against him can never be barred. The same plea
might be raised as to a suit against the Secretary of State for India in
Council, who resides in London. The point is, therefore, one of consi-
derable yractical importance. One thing to be borne in mind is that in
a case like the present the suit is rcally against the Baroda State. Section
87, Civil Procedure Code, requires that ordinarily suits should be brought
against a Sovereign Prince or Ruling Chief in the name of his State.
The Gaikivar has agents or representatives who manage his biisiness in
British India. That is shown clearly by thc documents in the prescnt
case. Thus Exhibits 197 to zoz speak of the Gaikwar's Vahivatdar
(manager) in Davdi and Exhibit A of his Vakil at Poona. The assistance
(1868)IOW. R.253.
a (rgrS)46 Cal526.458 ANNEXES TO REJOINDER (F NO. 36)
çuits, Exh'ibit177, etc., were brought by his representative; so also the
agreement, Exhibit 98,was entered into by his vahivatdar. In the present
suit he is represented bythe Sar Subha of the Bardoda State as a person
speciaiiy appointed under section 85, Civil Procedure Code (Exhibit 13).
His position, therefore, is analogous to that of the Secretary of State,
who has representatives, i.e., officers of Government under hirn in
British India. The question is how section 13 of the Indian Limitation
Act applies to cases of this description. Inmy opinion section rj must be
read consistently with the provisions contained in Part IV of the Code
of Civil Procedure for 'suits in particular cases' against defendants who
ordinarily would be always out of British India; e.g. (1) The Secretary
of State for India in Council, see section 79, Civil Procedure Code, and
section 32 of the Government of India Act, which lays down that he
can be sued as a corporate body; (2) an alien corporation, cf. section 83,
Civil Procedure Code, and see Singer Munufactt~ringCo. v. Baiiflath l,
and Girdhar Damodar v. Kassigar Hiragar 2, approved by the Privy
Council in Annamalai Chettyv. MztrzcgasaChettv 3; and (3) aSovereign '
Prince or Ruling Chief sued in the name of his State: cf. sections 85,86,
87, Civil Procedure Code, Section 13 must, in my opinion, be read so
as to avoid the obvious absurdity that arises, if such corporate bodies
are deemed to reside out of British India, so that suits against them can
never be barred at a11.And this csn be done by treating them as defend-
ants, who, by reason of their special character, are not absent from
British India within the meaning of the section, because they have not
the same liberty as private individuals to reside personalIy in British
India and attend to their affairs, and they must do so through agents
or representatives. They can be held to reside in British India, in so far
as they actually carry on their business through representatives in
British India. In such cases the contrary view adopted in Atul Kristo
Bose v. Ilyon G Co. and Yoorno Chunder Ghose v. Sassoon5 does not
apply. There it was held that to hold that the section did not apply to
cases ~vherethe defendants are, during the period of absence, carrying
on business in British India through an authorised agent, would be
legislating rather than adjudicating upon the section as it stands. But
there are provisions of law which go against such an interpretation in
the case of a defendant who is a Sovereign Prince or Kuling Chief. The
ordinary law ofEngland is that the English Courts have no jurisdiction
over foreign Sovereigns, unless such persons, subrnit to the jurisdiction
(Halsbury, Volume VI, Article278, page 182).Section 86, Civil Yrocedure
Code, alters this by allowing a Sovereip Prince or liuling Chief to be
sued with the consent of the Governor Gencral in Council, but there
can clearly be no intention to put him in a worse position than a yerson,
who is a resident in British Iiîdia, as regards lirnitatioi~ of suits ügainst
him. The Sovereign Prince or Kuling Chief only represents his State
for the purpose of such suits, as is shown by section 87 which 1 have
already mentioned. The whereabouts of his personal residence are there-
fore immaterial. The plea is reallv on the çame footing as an absurd one
1 (1893)17 Born.662.
(1903) 2Mad. j44.
' (1887)14 Cal.457.
(1899)25 Cal.496. ANNEXES TO REJOIKDER (F NO. 36) 459
that was set up in regard to the Crown in medicval times. In Pollock's
'History of English Law', Second Edition, Volume 1, page $25, it is
stated that in the fourteenth century itwas contended that the Crown,
like a Church, was alwayç under age and that no lapse of time would
bar the demands of this quasi infant. This is a reverse case to the plea
set up here that there is never any bar of limitation in a suit in British
India against a Sovercign Prince or Ruling Chief.
There are no English precedents cxactly on this point, because, as I
have already mentioned, a Sovereign cannot be sued without his consent
in British Courts. But there are some analogous decisions in regard to
the domicil or residence of ricorporation and a number of cases on this
point are collected in Dicey's "Conflict of Lakvs", 4th Edition, pages 151
to 154. At page 152 he surnmarises what has been laid down as to the
differencebetween the domicil of a natural person and that of a corpor-
ation as fo1lows:-
"The domicil of a human being is a fact which, on certain points
subjects him to the law of a particular country. The domicil of a
corporation is a fiction suggested by the fact that a corporation is,
on certain points, e.g., the jurisdiction of the Courts, subject to the
law of a particular country ... Hence a corporation may very well
be considered dorniciled, or resident, in a country for one purpose
and not for another, and hence, too, the great uncertainty as to the
facts which determine the domicil, or residence, of a corporation.
In each case the particular question is not, at bottom, whether a
corporation has in reality a permanent residence in a particular
country, but whethcr, for certain purposes (e.g., submission to the
juriçdiction of the Courts or liability to taxation), a corporation is
to be considered as resident in England, or in some other country."
At page 154 it is pointed out that in the case of corporation sole,
there rnay be a distinction between the private domicil of the person,
e.g., the bishop at any given moment constituting the corporation, and
his corporate domicil. Thus the bishop may in his private capacity even
acquise a foreign domicil and yet in hiç corporate capacity, he would be
in any case held to be domiciled in his dioceseThis point of the residence
of a corporation isdiscusscd in a recent case: New York Lije I~zsrtrance
Co. v. Publi crztsteel.At page 120, Lord Justice Atkin says:-
"Now, whcn you are dealing with a corporation, you are dealing
again with a legal notion, and you have to examine the question
where the debt can be said to bc situate. It appears to me plain
that a corporation according to our law iç deemed to reside for the
purposes of suit in the place where it carries on business in its own
name, and in the case of corporations, you have many activities
in many countries, such as the big insurance companies-for ex-
ample, the plaintiffs in this case. It appears, to me that the true
view is that the corporation reçides for the purposés of suit in as
many places as it carries on business, and it is to be notlced that in
ordinary cases wIiere an obligation is entered into by the corporation
without any particular limits of the place where it is payable,
inasrnuc21as that obligation is an ordinary persona1 obligation which
follows the person, you have in each jurisdiction a right to sue the
[192q]2Ch. 101. 460 ANNEXES TO REJOINDER (F NO. 63)
corporation there; the corporation is resident there, and the obli-
gation is enforceable there. Under ordinary circumstances the debt
would be situate in each place where the corporation can be found."
This view has been taken also in an Indian case, viz., Bank ofBengal
v. Surat Clz.Mittva l,in regard to a Bank which carries on business in
various branches throughout India. Explanaiion II to section zo, Civil
. Procedure Code, is also based on a similar principle. Therefore, 1 think
that, if the distinction about the Gaikwar really being the State of
Baroda, so far as this suit is concerned, isborne in mind, it is a just
conclusion that he was not absent from British India within the meaning
of section 13 of the Indian Limitation Act, as he carried on business
through representatives in British India, in regard to his rights in the
village ofUavdi, where the suit lands are situate. Therefore, 1 hold that
section 13 of the Indian Limitation Act cannot be relied upon in this
case, and that the suit, not having been brought within the 12 years
specified in Article142,is clearly timebarred, even supposing the plaintiff
has othenvise a good title.
Tor these reasons 1 would reverse the decree of the Subordinate
Judge and dismiss the plaintiff's suit with costs throughout.
MURPHY, J.:l.The facts necessary to relate for the purpose of this
appeal are the fol1owing:-
In1727-28 A.D. the village of Davdi in the Poona District was granted
in inam by Shahu Rajah of Satara to Pilaji Gaikwar. Exclusive of the
rights of the hakdars and inamdars the village was to be continued
hereditarily to Pilaji's family. The terms of the grant are those of one
of the royal share of the revenue, and not of the soil. In 1863 the late
Maharaja Khanderno Gaikwar, in his turn granted the village to Limbaji
Dhavle, who appears to have been one of his courtiers, or servants. This
grant is in terms one of the soil as well as of the royal share of the
revenue, though actually al1 that could be granted was what had been
given originally by the Raja of Satara. Limbaji Dhavle took possession
and retained the village tillhis death on May 16, 1879. At this tirne
Khanderao Gaikwar, the original grantor, was dead and there was an
inquiry by the Baroda State authorities into the grants and allowances
which had been given to Limbaji Dhavle. These are detailed in Exhibit
195 which also contains the orders passed on the report by the then
Dewan of Baroda, Sir T. Madhava Row. This order states that neither
Limbaji nor his father had rendered any real services to the State, and
that Limbaji had originally been a folder of turbans. Most of his allo~v-
ances and a second inam village in Baroda State were resumed; but by
paragraph 8 of the order it is directed that "Let tlie Poona village of
Davdi be continued to the son during life and uiitil further orders as
heretofore. The half Patilki, etc., under head No.2 majr also be continued
to the son as heretofore." The son was Aladhavrao Dhnvle appears
to have died in 1899, and to have left a son Kaghunathrao who died
in 1902. Kaghunathrao left no son, his heirs being his two widows,
Chandrabai and Sitabai. Chandrabai \vas the senior widow, and in 1905
she adopted the plaintiff in this case.
The original Court has found the adoption proved, and this point is
not disputed in appeal. The suit was fil4 in 1922, and was for possession
(1918) 4 PatL. J.141. of 6 fields which include20 survey numbers, and for future mesne profits
ai the rate of Ks. ~,otio a year alid costs.
'Thetitle on ivhich this relief is prayed for is not exactly stated in the
l~lendings.though information on this point vas sought by the other side.
The fact is thnt in addition to his rights as an inamdar H. H. the
Gaikwc~r of Baroda also held this particular property ris Khatedar or
occupancy tenant and it had bccn so held by Limbaji, Madhavrao and
Kaghunathrao in their turns. IVheri Raghunathrao died there was a
question as to the name in which the village should be entered. At first,
the Collecter of Poona entercd it in the names of the widows, but there
was a protest, and in thc end the Governmcnt of Bombay held that the
grant of Davdi village was a Saranjam and it was resumed and formally
regranted to His Highncss the present Gaikwar, with the intimation
that it would in future be treatetl under the Saranjam rules. This is
shown iii Exhibit 190, a letter addressed to the Mirlister of the Bnroda
State on April 4, 1904. It has accordingly sincc been held and managed
by H. H. the Gaikwar, and all possible claims tothe Saranjam have been
extinguished by these political proceedings.
The real foundation of the daim is that though the Sarnnjam had been
taken from plaintiff's frimily by these orders, the land in question, which
includes the occupancy rights, has ncver been formally resumed, and
for sorne time it remained in the possession of Sitabai, the second of
Rngl-iunathrao's widows. The plaint alleged that the plaintiff had receivcd
the income of the land til1910, but for the reasons stated in paragraph 18
of the learned Subordinate Judge's judgment, it is clear that this state-
ment is not true, there being ample evidencc in the shape of rent notes,
and tlie proceedings in assistance suits, to show that plaintiff was not
in possession betbveen 1906 to 1910.
This fact is further established by what occurrcd in that yeür. Chandra-
bai had adopted the plaintiff in 1905; but Sitabai, the junior widow,
appears to have been in actual possession of the property. She entercd
into an agreement ivith the local rcyresentative of the Baroda Darbar,
and in consideration of an allowance of Rs. 45pcr month, she surrendered
the property to the Darbar. The document is Eshibit gS in the case
dated February 27, 1906. Of the survey numbers handed over, one,
namely, No. 329, is not involved in the suit.
Al1 these facts taken together show that the plaintiff's real clairn is,
that though the village may have been, the property in the occupancy
right of these survey numbers \vas never, formally resumed, and that
consequently it descended in the ordinnry way to the heir on his adop-
tion, as private property. This is the ground on wliich the learned Sub-
ordinate Judge has decided in plaintifi's favour.
Ilihether the suit is in time, and the learned Subordinate Judge is
correct in holding that this property was unaffected by the resumytion
of the village, are the two issues which arise in appeal.
The question of limitation cornes iip for decision in the iollowing
manner. Oefendant h'o.I being a Sovcreign Prince, he could not be
sued without the consent in writing of the Governor General, obtained
under section 86 of the Civil Procedure Code. This consent was sought
ori July 25, 1916, and was received on Xovember Ij, 1920.
The plaiiitiff accordingly claimed to exclude frorn the period of
limitation 4 years 3 months and 21 days, spcnt in obtaining the necessary
consent. The rule is that subject to the provisions of sections 4-25 every
31suit not brought within the period of limitation prescribed shall be
dismissed; but sections 4-25 contain no statutory provision enabling a
plaintiff to deduct thetime spent in obtaining the Government of India's
consent under section 86 of the Civil Procedure Code. In view of this
difficulty, the learned Subordinate Judge has stated that the principle
laid down at the end of the judgrnent reported in RuPclzand Makzt~zdas '
v. Mukz~nda Malzadev l would come to the plaintiff's heIp, and that it is
that when the law enacts a limitation, and the party is disabled to
conform to that limitation, without any default in him and he had no
remedy over, the law will ordinarily excuse him. The dictum is no
doubt true in the circumstances of that case: but this is not an
adjacent one, and 1 cannot agree that the suit was within limitation on
this ground. A second ground has, however, been put fonvard. It is, that
since defendant No. I has not resided in British India for a very large
proportion of the period 1910-1922, plaintiff can avaiI himself of the
provisions of section 13 of the Indian Limitation Act.
The facts are peculiar. The suit is against a Sovereign Prince who
does not ordinarily, and cannot be expected to, reside in British India.
Does the law of limitation contemplate that in such a case section 13
continues to extend limitation or, in other words, for pushed to a logical
extreme in its application such would be the effect of section 13, is there
no period of limitation for such a suit? 1 do not think that can have
been the intention of the Legislature, for the Indian Limitation Act is a
complete statement of the law, and it cannot have been intended, by
one of the general exceptions, to nullify the effect of Article rzo which
provides for the cases where no specified period of limitation is laid down.
Again, the provisions of the sections relating to suits filed against
Ruling Chiefs and Sovereign Princes in the Code of Civil Procedure are
peculiar. They are an exception to the general law as to the jurisdiction
of the Courts, against such persons, and consent can be given and a suit
brought when it is, irrespective of such a defendant's residence in
Britisli India, or without it. 1think that it cannothave been the intention
of the Legislature when enacting these provisions to give the result,
owing tu section 13 of the Indian Limitation Act, that in certain cases
no period of limitation should be available to a Ruling Chief or Sovereign
Prince, and that the case is analogous to that of a suit against the Secret-
ary of State for India in Council, whose residence is, seldom if ever, in
India, and who is sued, though nominally in his own name, actually
through his agents in India. It has never been suggested that on this
ground the period of limitation against the Secretary of State may be
indefinitely enlarged, and though the analogy iç not exact, owing to the
varying provisions regulating a suit against the Secretary ofState and
a Ruling Chief or Sovereign Prince respectively, 1 think it is close enough
to justify the Court in holding that section 13 of the Indian Limitation
Act ca~inotappty to such a suit in the circurnstances. This view does not
involve any hardship on litigants in British India, for in fact a suit
against such persons can always be brought, and ithas not even been
suggested that opportunity was taken of the temporary residence in
British India of H.H. the Gaikwar to bring this one. His Highness has
been throughout represented by the Sar Subha of the Baroda State
under the provisions of section 57 of the Civil Procedure Code, and the
(1914)38 Born.656.provision in this section is evidently intended to meet the difficulty. 1
also concur generally in the reasons given by my Lord the Acting Chief
Justice for the finding on this point. 1, therefore, think that the learned
Subordinate Judge's finding on this issue is tvrong and that plaintiff'ç
suit, which was brought in 1922, he having lost possession in 1906, was
time-barred.
On this view of the case it is really unnecessary to decide the main
question in the appeal, but since it has been argued at some length, it is
perhaps advisable to do so.
Radically, the plaintiff's case is that of an inarndar ~vho is also a
Khatedar, or occupancy tenant, in the village of which he owns the
royal share of the revenue. But the case is not precisely that dealt
with in the decided cases on this point such as SecretavyofState for India
v. Girjabni l,which related to the Vinchurkar Saranjam, As against the
British Government the Saranjamdar is H. H. the Gaikwar, and there
has never been any question of a resumption by the British Govern-
ment of these lands which could involve the point in Girjabai's case 1.
The question is really a narrower one. It is whether the Baroda Darbar,
having granted the Saranjam of the village to plaintiff's predecessor-
in-title, including these occupancy rights, can, in the circumstances,
resume them, or can be deerned to have resumed them.
The Dewan's orders of 1879 (Exhibit 15j) assume the right of resump-
tion and actually resume a village in Baroda territory and many different
allowances, and in the absence of evidence to the contrary, 1 inust
assumc that such orders are legal. The orders on this point are, that the
village of Davdi should be continued to the son, for life, and until further
orders, and we have seen, it was afterwards resumed on the grandson's
death. There is no forma1order produced in the case, resuming the occup-
ancy rights granted to Lirnbaji; but there must have been such an order
preceding the arrangement with Sitabai in 1906, for the allowance of
Rs. 45 per mensem is very sirnilar to that passed in the case of Limbaji's.
son, inparagraph rr of the Dewan's orders, giving Madhavrao a compas-
sionate allowance of Rs. 5,000 per annum.
There remains the fact that H.H. the Gaikwar1sGovernment did actually
take over these properties from the member of plaintiff's family in whose:
possession they were in 1906, and granted a compassionate allowance in'
their place, and has been managing the property ever since. 1 also think
that in the circumstances this property was resumable, and that it must
be assurned that it was resurned by His Kighess' Government, and that
plaintiffhas therefore no title to it.
For these reasons, 1agree with my Lord the Acting Chief Justice that
the original Court's decree must be reversed and plaintiff's suit dismissed
with costs.
Respondent No. I, JIadhavrao Kaghunathrao, shall pay his own and
the Saar Subha of Baroda State's costs of the appeal.
Decree revevsed.
B. G. R. ANNEXES TO REJOIXDER (F NO. 37)
Annex F. No. 37
EXTRACT FROM G. D. PATEL'S "THE INDIAN LANDPROBLEM
AND LEGISLATIONB ",OMBAY 1,954,pp. 48-54,
6. The Resz~m$tLola Rzdes of195-3.
[Sec Amex E No. r (4), Vol. II, $p. 246-248 (to line 23).]
The consequences of the Rules may be classitied into financial,
administrative and social.
It may be recalled that in tlie caseof the Saranjam estates, there
was a presumption that the grant was of the royal share of the revenue
only. Eut the decision in the Hebli Saranjnm case (Secretary of State
v. Laxmibai, 25 Bom. L.R. 527)has done atvay tyviththis presumption.
The present law is that there is no presurnption either way and the
nature of the grant (urhether of royal share of revenuc only or of the
soil) is to be determined according to the facts of each case. Under
the Kesumption Itules, Governmerit has resumed what it originally
granted i.e. in the case of grant of revenue only, the resumption of
the inam has been made by Ievy offull assessment (I.L.K.41 Born. 408)
and in the case of the grant of soi], it is by taking actual possession
of the land (I.L.R. 47 Born. 327).
In the above background, the compensation payable has to be
decided by refcrence to the nature of the original grant. Secondly, al1
saranjam grants were life-grants under rule j of the Saranjam KuIes,
although they were gcnerslly regranted to the successors of the deceased
Sarriiijarndars.
The holders of inams consisting of exemption from payrnent of land
revenue only are not entjtled to any compensation, except that they
will get the benefit of the concession of that arnount upto I-8-1gj3
and r-8-1gj5 according as the amounts of exemption are over Rs. 5,000
or less, respectively.The liules will corne into force completely with
effect from 1-6-1955.
Government will get Rs. 43 lakhs as an additional land revenue,
which was enjoyed formerly by the Inamdars as nuksan. Further,
Governrnent will not have to pay cash allownnces amouiiting to
Rs. 1,29,892 per year. But this will only be a negative gain.
ils most of the villages arid lands are siirveyed and settled, Govcrn-
ment has not to incur any expenditure on this account. The financial
implications may be broadly stated as follows:
Receipts Expenditurc
Recurring Non-reciirring Recurring -ion-rccurring
Rs. 4,50,00o Rs, 8lakhs
(net additional ..... ,.... (compensation for
revenue) cash allowances)
After payment of compensation, the increase of land revenue is
estimated of the order of Ks. 4.:lakhs per annurn. It should be clearly
understood that the compensation is not to be paid in cash but in ANKEXES TO REJOINDER (F 80. 37)
4%
transierable bonds redeemable during a period of 20 years in equnted
annual instalments of principal and interest and carrying interest
at 3%. As a result, the payment of the compensation is to be spread
over zo years and not to be paid in lump.
From the administrative point of view, no change is required to
be made in the administrative structure of the villages. Before the
resurnytion of the inarns, there existed a village administration, in
these villages consisting of a talati, a patil and inferior village servants
paid out of the village revenues. The Saranjamdars were paid the
revenues after deducting the amount of village expense called chillar l.
As a result, Government has after resumption, not to make any
administrative arrangements. It is true that in some unsurveyed and
unsettled inam villages, Government wiII have to introduce survey and
settlement and the Record of Kights. This ïvill entai1 additional ex-
penditure on Governrnent which could, howcver, be spread over years.
But the cost of these operations will not be considerable.
However, the social and economic consequences of the resumption
are likely to be tremendous. Many historical families have bankcd upon
the income from these inarns for their maintenance. Incentive for liard
work or, Say, any work was sadly lacking in several cases. Saranjams
and political inams were considered as good security for obtaining
credit. And as debt followed credit, the inamdars sank deepcr and
deeper in debt without any hope of extricating thernselves from the
clutches of the shaukars. The resumption of the inams has opened
the eyes of the smug and self-complacent saranjamdars to the stark
realities of life around them. In the interest of social justice, it was
necessary that they should be awakened from their slumber of genera-
tions and made to work and earn their brcad with the sweat of their
brow. It is hoped that they will direct their energies to greater effort
and play their part in the society. It was also necessary for creating a
classless society that those inams should be resumed by Government.
l Wilson defines "chillaras sundry or petty expenses or deductions frorn the
revenue allowed for village expensand for the contingent expensof the native
revenue servants. GlossavyofHeuenae and Judicial Terms. ANNEXES TO REJOINDER (F 90. 35)
Annex F. Na. 38
Extracts from the book "Life oofThomas Mmro, Bart", by the Rev.
G. R. GLEIC,pages 376, 380- SI, 382. 286-387, 388-389, 390, 392-393
and 400-401.
P--376.
The terrns employed in such documents, "for ever," "from generation
to generation," or in Hindoo grants, "while the Sun and moon endure,"
are mere forms of expression, and are never supposed, either by the
donor or the receiver, to convey the durability which they imply, or any
beyond the will of the sovereign. The injunction sunnud with which they
usually conclude-"Let them not require a fresh sunnud every year,"
indicates plainly enough the opinion, that such grants were not secure
from revocation.
P-380-381.
The Chief Justice supposes that a private property in the land is
granted, frorn the expressions used by the Chief Secretary, "deIiver over
these lands;" and in Walajah's grant, "put him in possession of the
pergunnah." Itis well known that the usual meaning of these terms is
nothing more than that the deshmooks, deshspendies, and other public
officers, shall rnake over the management of the village, or pergunnah,
to the jagheerdar, and pay him the public revenue. The sunnud says
nothing of private revenue, estimated according to the kami1jumma, or
perfect, or standard assessment.
Ifive suppose the gross procluce of the lands of any village of a per-
guniiah to be one hundred-
That of this amount the expense of cultivation is ... - 40
The landlord's rent or share .......... - 20
The Governrnent revenue or share .......... - 40
100
If this village, or pergunnah, be granted as a jagheer, it is the forty
only, composing the Government revenue or share, which is granted.
The twenty, forrning the landlord's rent, is not granted, but remains, as
before, in the hands of the owner, as also the forty, making the expense
of cultivation, as he must defray it. If the jagheer be resumed, the
property of the landlord is not affected by the change: it is the forty
only, composing the Government revenue or share, which is affectedby
the resumption. It is paid to the Government ipstead of the jagheerdar,
in the same manner as it was before the grant. The jagheerdar ceases to
have interest in the village or pergunnah, because he never had any
property in the land, but merely in the revenue, which is now resumed.
Nothing can be clearer, therefore, than that wherever private proprie-
tary right in landexists, whatever is granted by Government must be
public revenue only. ANNEXES TO REJOINDER (F NO. 38) 467
P-382.
The jagheer sunnud conveys the rights of Government,whatever they
are, and no more. These rights Vary in different parts of the country.
Wherever the lands are held, as in the Carnatic, by rayets havjng an
hereditary proprietary right in the whole lands of the village they are
limited to the public revenue, or Government share of the produce, and
do not give a foot of land. In some provinces of India, where the lands
are held by rayets having an hereditary right to the lands in cultivation,
but not to the waste, the jagheer sunnud gives the government revenue,
or share of the produce only, in the cultivated land, whatever it may be,
by the custom of the country. When such a jagheer isresurned,no private
rent is affected by the resurnption. The ancient hereditary rayets pay the
public revenue of their lands to Government, in place of the jagheerdar,
and the jagheerdar hirnself pays the public revenue of the waste-lands
which he rnay have brought into cultivation; and if he agree to this
condition, he retains possession of them with the same proprietary right
as the other land-owners, or raycts of the district. It is obvious, therefore,
that though in rare cases of unclaimed, or waste-lands, Government may
confer a private proprietary right, itnever resumes it, and that there is
no foundation for the opinion, that resumption is an unjust violation
of private property, since the thing resumed is always public revenue,
never the landlord's rent.
P-386-387.
The Chief Justice dcnies the sovereignty of the Company, and considers
the words of Lord Thurlow as a clear authority against their being
regarded as a sovereign power, except in the case of dispute with a
sovereign relative to peace and war with Pagan states. Llihether the
Company have or have not either an independent or delegated sover-
eignty, in the technical sense that the Chief Justice or Lord Thurlow
may have affixed to the expression, is of little consequence; for, though
the sovereignty be reserved to the Crown, al1 the powers ofthe State,
by the present constitution of things, as farasregards the Natives of the
country, are exercised by the Company. They make peace and war-raise
and maintain armies-have articles of war for enforcing their discipline-
acquire and cede territories-impose and collect taxes, and make laws,
founded on ancient usage, for the administration of the affairs of the
country.
The land revenue in India is what the excise and customs are in
England-the main source of revenue, and cannot be permanently
alienated with safety to the state. The Kings of England never could
alienate the public revenue in perpetuity, nor could any government
do so. No government can debar itç successors from the use of the
public revenue. The existing government must always have the power
calling it forth, for the preservation and defence of the state. In India
there is no assembly or public body between the prince and the people,
to regulate the rate or the amount of the taxation or revenue. The
sovereign himsclf is the only authority by which revenue islevied and
disbursed, and by which itis granted or resumed. The power to resume
as well as to grant must be lodged somewhere; and in India, where there
is no other authority, it is obvious that it must be vested in the Prince.
The alienation by the Indian Prince was a transfer from the state, of
al1 public taxes on land, to individuals as private property. It has aIready been shown, that all grants of jagheers in India, are
grants of public revenue. They cannot indeed be otherwise, because
there are no crown-lands.
Crown-lands, according to the English acceptation of the term are
unknown in India. The most powerful monarchs had none; neither
Akbar Akhba nor Aurungzebe had any; and the despotism of the sover-
eign was itself the very cause of their being none, because, by giving hirn
unlimited control over al1 land throughout the empire, it rendered the
aid of any private domain altogether unnecessary:A small part of the
public revenue arose from customs; the rest, about nine-tenth of the
whole, frorn the land revenue or tax. Al1land was assessed to the public
revenue; a part of the land mas allotted to religious and charitable
urposes, and to municipal institutions, and the public revenue of such
rands mrasenjoyed by the incumbents. But the public revenue of al1
other lands came to the royal treasury, unless when .assignments of
particular villages or districts were made to civil and military officers for
their personal allowances, and the pay of their respective establishments ;
al1 which asçignments, however, varied, ceased at the wiIl of the sover-
eign.
P-389.
An Indian grant gives away the public revenue of the lands, it exempts
them from military service, from every kind of tax or public burden, and
renders them entirely useless asa resource to the state.
Ifal1 lndian Princes could grant altamgha jagheers, and if none could
resume them, a great portion of the country might, in time, be reieased
from affording any aid to the state, either in revenue, or in military
service. Some idea rnay be formed of the probable effcct of such a system
by looking at what happened in a few years under the NabobWalajah and ,
his son Amdut ul Omra. Family jagheers were granted to the amount of
six lacs of pagodas, and containing a population of above sixhuiidred
thousand persons. Oi these jagheers, only about one-fourth was altam-
gha; but the whole rnight have been so, and thc state would have been
deprived of every kind of aid from more than half a million of its sub-
jects. Many of the jagheers, too, might have been held, as was actually
the case, by persons who, though attached to the donor, were inimical to
his successor ;
If, therefore, the increase of altamghas during successive reigns,
might, if not checked, have materially impaired, if not altogether
exhausted, the resources of thestate, and as the evil could only be reme-
died by resumption, it seerns to follow, fiom the reason of the thing,
that the sovereign rnust have had the right to resume as well as to grant.
The usage of the country is undoubtedly the rule by which the ques-
tion ought to be decided ; and,in a caseof this kind, the common practice
of the Native princes must be admitted to be the usage. It can easily be
shown that princes resumed altamghas at pleasure. It cannot be shown,
that when they were disposed to resume, the aci of resumption ever was
or could be prevented. It may be said that they were despots, and acted
unjustly. Had they seized private property, they would have been regarded as unjust by the country; but no injustice was attached to the
seizure of an altamgha, as the people knew that it was a grant of public
revenue. The princes were, it is true, despotic; but they were liberal,
and even profuse in their grants, and the grants themselves grew out of
their very despotism; for it was because tliey found no difficulty in
resuming, that they made none in granting. Altamghai were not, in fact,
more respected than rnoney pensions, which, though every day Iiable to
resumption, are frequently continued for generations.
p-392-393.
The oId grants which have passed through several generations, are not
altamgha, aç might have been expected from the principle of their not
being resumable, but common jagheer gratits, neither hereditary, nor for
life, but temporary. Many of these common jagheerdars were killedars
of strong forts, and, from this circumstance, lield their jagheers longer
than they would probably have done under the dynasty by which they
were granted; because, in the convulsions attending the decliiie of the
hlogul power, their forts enabled them to secure terrns for themselves.
Btit even after the new Government became strong, and could easily
have removed them, they frequently permittcd these to remain, either
on account of famiIy alliances, out of respect for their high birth, or some
other cause.
p-393.
For the commissioncr at Poonah, in answer to a refercnce made to
him on the subject, has stated that he has not been able to find asingle
altamgha in the Deccan, and has transmitted a list of five hundred and
fifty-nine jagheers, resumed by the Peishwah'ç Government within the
last fiftyyears, none of which are altamgha. Of these, he observes, three
hundred and sixty-four were resumed for reason assigned, usually offen-
ces against the state; and one hundred and ninety-five without any
reason assigned. In the Nizam's do~ninions, too, the resumption of
jagheers appears from the note ofbis minister, Chundoo Lal, transmitted
by the resident, to have been rcgulated, as in the Carnatic, by the \vil1of
the Prince.
y-400-401.
Ail Native states exercise, in the most unlimited manner, the right of
granting and revoking enaums at pleasure; sometimes at once, some-
times gradually, by a small quit-rent at first, and then raising it to a
greater, next to a half, and so on to the full rate of assessment. In Iiiciia,
revenue always follows the population andthe produce, wherev-erthey go.
This is the usage, and it cannot be relinquished without endangering the
future resources of the country; because, as the Govcrnment waste-
lands, together with the jagheer and cnaum lands, are equal to from one-
forth to one-half of the wholc of thc lands iiicultivation, if they were
permanently exempted from the payment of revenue, they would gra-
dually, instead of lying half waste and poorly cultivated, as at present,
become completely cultivated, by drawing off the cultivators and stock
from the lands now paying revenue, which would be proportionably
diminished. If an effect of this kind hasnot already been exyerienced, in
provinces containing a large proportion of jagheer and enaum, it is
because it is prevented by the usage of transferring the assessment from ANNEXES TO REJOINDER (F NO. 39)
47O
the deserted to the newly cultivated lands. Whenever it is found thatthe
revenue of .adistrict has been considerably diminished by the abandon-
ment of assessed, and the occupation of waçte lands belonging to jagheer-
dars or enaumdars, an assessment, proportionate in some degree to the
loss, is imposed on the jagheer or enaum. It is this which guards the
public revenue from loss, by former profuse grants; and if this power
. were relinquished, we should have no means of saving it from very
considerable defakation. The smaller enaums, though they separately
contain only a few acres each, are very extensive collectively. They have,
for the most part, been granted without autliority, by heads ofvillages
and revenue servants; and when they have escaped notice for a few
years, and have afterwards been discovered, they have been allowed to
continue, from charitable or interested motives, and they have, from
various causes, a constant tendency to increase.
Annex F. No. 39
GRANT OF VILLAGES IN SARANJA MO THE EASTINDIA COMPANY, THEIR
SUBSEQUENT ATTACHMENT AND THE REMOVAL OF THAT ATTACHMENT,
1657-1784
Document No. I (Peshwa Dajtar) Ghadin R. 481.
"Treaty concluded between Sarkar Rajashri Pant Pradhan and John
Spencer and Thomas Byfeld on behalf of the English Company at
Poona. Subursan Saba Khamasain Maya Va Alaf (1756-57) "rticles-
. . . . Article 3-Bankotand Himrnatgad have been granted as place
for the factory (Company). For its maintenance jollowing uillages are
assigaed in Saranjam which shall be continued with them jor ever and
. without any obstruction.
Details of villages4 from Tarf Vesavi
I Velas
I Vesavi
I Sifole
I Kuduk
I Pandari
I Peva
---
6
I Bagamandal from Pargana Shrivardhan
I KubaIe from Tarf Tundil
I Dasgaon from Pargana Mahad ANNEXES TO REJOIKIIER (F $0. 39) 47'
AïticLe14-l'ashavantgad will be entirely demolished. The English
will not make any fort (Kila) or fortification (Kota) or any additional
Imarat, on that ground (of Yashavantgad) or invillages or by the side
of river. In the sarne manner Sarkar will not make any fort, fortification
or Imarat in the villages so assigned. The English will supervise the
lands of those villages and the river.
Article ~j-Al1 the royality of Bankot and Himmatgad has been
granted to the Company. The Company wilI, therefore, prevent the
ent~y of enemy as much asin their power lies into the Maratha territory
throug- the river.
....In al1 19 articlesas stated above have been agreed to by boih
the parties.
ORDERS IMPLEMENTING THE TREATY.
Document No. 2(Peshwa Daftar, Poona Ghadni-Rumal No. 367).
"Rajamandal Swari Rajashri Pant Pradhan expenditure on allowances
for External Affairs on account of Ingraj of Bombay-orders issued.
27 of Rajav Suhur Sita Khamasain, Camp, Poona. Record of sanads
of villages assigned for the maintenance of Fort Bankot to the English
of Bombay.
. . . Village Kubale frorn Tarf Tundil Pargana Kondhavi Subha
Rayari haç been assigned (to the English).
Sanad to the head-man of the same village to give the revenue
(Amal) to the English regularly. Sanad to Ramaji Mahadev Subedar
of Bassein that itha been agreed to assign 8villages in Saranjam
for the Bankot and in exchange of Kalsi another village is to be
assigned. Thus, village Kubale, village Velas and village Mandale in
al19villages are to be appointed.
10th Saban, Camp, Poona. The village Dasgaon has been assigned in
Saranjam for the Fort Bankot to the English at Bombay. Sanad to the
head-man of the said village to give the English revenue (Amal) regul-
arly."
ENTRY OF THE VILLAGES FROM THE ACCOUNT PAPERS.
DocztmefitNo. 3 (Peshwa Dajtar N. Konkan R. No. 293).
"Shn
Village Mandle from Pargana Shnvardhan has been assigned in
Saranjarn for the Fort Bankot to the English ofBombay in 1756.
Total amount Rs. rz4/7/3
Total receipts in kind which are given here are ornitted.
Details
Half the share belonging to Sarkar is shown on expenditure side as
foll0ws:-
1761-62 Rs. 263/12/-
1762-63 Rs. Z~I/IZ/-
1763-64 Rs. 239/6/3
Total:- Rs. 75411413472 ANNEXES TO REJOIXDER (F NO. 39)
Receipts in kind of the revenue axealso given, which are omitted.
The remaining haIf is to go to the Sidhi ofJanjira. But that amount
has also been granted to the English according to the orders of Sarkar
and the Sidhi has been assigned the share of his revenue from another
village. Accordingly the revenue of the share of Sidhi also has been
granted to the English. Sidhi is also given in exchange his share of
revenue frorn other village which is debited on the name of the English.
Document No. 4 (Peshwa Dnjtar, N. Konkan R. No. gr)
From 1775 to r783 for fiolitical reasons.
Swari Rajashri Pant Pradhan receipts mahalwise for the year 1776-77
viIIageDasgaon from Tarf alahad Taluk Rayagad and village Kubaie
from Tarf Tundil from Taluk Suvarnadurga-these two villages have
been assigned in Saranjam for the Bankot to the English of Bankot in
1756-57. Due to friction betweeîthe Savkar and the English these two
villages were atlacked and the attitchment zuas made by Govi~zdrao and
Chimanji oficials o# District Rnjapzcr, according lthe orders ofSubha.
Anniial receiptson account of the attachment for the said year in money
Rs. 3541113 and in kind...". ANNEXES TO REJOINDER (F ao. 40)
473
Annex F. No. 40
Page XXVII
DUMALA-In the old times land was divided into ~~IALGUZA (reIvenue
paying }and L~KHIRAJ(not paying revenue). The same distinction was,
and even now amongst the subjects is expressed by the words KHALSA
and DUMALAt,he first meaning Government land and the second alien-
ated land.
Page LXVII
J-IGHIRSAND SARA~'JAMS-GENERAL-N~Xc~ ornes for consideration a
syecics of alicnation callJAGHIR or SARANj.4~.JAGHIRS or SARAN JAMS
have been looked upon under the British rule as Political tenures, that
is, tenures created from or dependent upon political considerationthe
existence of which shallbe deterrnined by the Government. It was the
practice under former Governments both Mahamedan and hlaratha, to
maintain a çpecies of feudal aristocracy for state purpobystemporary
assignments of revenue cither for the support of troops, persona1 service
the maintenance of oflicial dignity, or other specific reason. Under the
Xahomedan dynasty such holdings were known as JAGHIR,under the
Maratha ruie SARANJAMI.f any original distinctive feature marked the
tenue ofJAGHIR and SARANJAM it ceased to exist during the Maratha
empire. At the period of the introduction of the British Government
there was no practical difference between a JAGWIR and a SARANJAM
either in the Deccan or the Southern Maratha Country. ThetermsSARAN-
JAM and JAGHIR are convcrtible terms.
SARAY ]AM is a word the practical use of which appears to have become
in some degree technical, though not with so certain a definition as to
exclude doubt. It may mcan a mere charge on the revenue or a benefit
by way of bounty, or in retum for service made good in some otherway.
The true sense of the ward SARA NAM ought inevery case to be deter-
mined by a consideration of al1the circumstanceç. The rules of construc-
tion applicable to grants in inam are applicable to grants SAIZANJAM
or JAGHIR. It isan establishedrulethada grant in JAGHIR or SANANJAM
is very rarela gra~ztofthe soil, and that the burden provilzgthat it is
in apzyparticulur case a grant of the soil lies very heztpon the party
aEEegznigf.
In both the parts of the territoriesforming the Bombay Presidencthe
ordinary luw hcadbeenthe liability oJAGHIRS orSARANJAMtS oresurnp-
tionut the pleasureof Goverwnent.
Page XLI V
ALIENATION SN G~~~R~~.-AIienations generally may be said to be
the exceptions to the general principlesofState proprietorship and of
the liability of land for landrevenue to Government. Grants of land of
villages were frequent in ancient times in India. Under the former Gov-
ernmcnts in India transfer of land (with the soil) or the public revenue
thereof was deemed asa better mode of conferrina benefit on individuals
or institutions than grantinga cash amount from the public treasury.474 ANNEXES TO REJOINDER (F NO. 40)
Grants of land-revenue are not unknown under the British rule. Besides,
the British Government has bound itself to respect al1 grants made by
former Governments.
In "The Hand Book for Revenue Officers" by Mr. Nairue, alienations
were classifiedas (1)political tenures, such as Jaghirs, Saranjams; (2)'
service inams; (3)persona1 inams; and (4)religious endowments. The
sarne classification practically has been adopted in current revenue
accounts of Government. The principal alienations are inams, jaghirs
or saranjams and watans. Each of them is considered as a tenure, has
got its own history, its own features and peculiarities.
Take first Inams and then the question is what is meant by "inam".
The word in its primary sense menas a gift, in its derived or secondary
sense a grant necessarily including every species of grant, which a grant-
ing power could bestow.
Page LVl
ALIENATION IN GENERAL.-TO grant lands or create inams was and
isalways deemed to be one of the privileges of the King. Under the former
Governments the power to confer grants was either given to or esercised
by certain officers of the Governments.Village lands, at least unoccupied,
were often times under the control of the village community, whoused
to confer inams (rights to hold lands free of assessment) and consequently.
the inams were called GAVNISBAI TNAMS.Sometimes one finds what are
classed ALTUMGHA grants (al, meaning red and tumgha, a seal) that is,
grants bearing a red seal which indicated that they emanated from
badshadas (kings or sovereigns). On account of the time of its creation
an inam is sometimes cal1KADIMor JADID.
Inams may be of entire villages or of fr,actions thereof or may be of
any specific landssituate therein. They may be again the grants of the
proprietorship of the soi1or of the royal share of the produce, that is,
the land-revenue thereof.
The objects of or motives for granting inams were and are purely
matters of the pleasure of the sovereign power and nobody can say
what the pleasure of the sovereign power may consist in. Inams may be
classified according to some known or recognised motives or purposes
into political,non-political, forservice, persona1as mattofmere favour,
or DHARMADAY orADEVASTHA iams.
PageLTX
POWERS OF INAMDAR.-T~OU~~ Government is unwilling to interfere
with the interna1 relations between the inamdar and his inferior-holders,
it was thought not only polite but obligatory to interfere for the protect-
ion of the inferior-holders having a permanent hereditary interest in
their lands. To prevent undue exactions by inamdars it is enacted that
in certain cases the inamdar shaIl not recover his dues direct from his
inferior-holders, but he must recover the same through the hereditary
village officers,
The inamdar being the superior-holder is given assistance by certain
revenue authorities in the collection of his dues from his inferior-holders.
Similarly Government sometimes issuesa commission to the inamdar
empowering him to do certain acts and to take certain rneasures general
in the matter of the collection of his dues. ANNEXES TO REJOINDER (F NO. 40)
475
Page LXIII
RESUMPTION OF-IN AM.-^ inam holding may come to an end by
revocation of the grant, resumption, forfeiture, surrender, escheat and
lapse of time.
If there be not any breach of condition by the donee, the Government
cannot, any more than a private person, revoke a gift actually made,
without the consent of the donee. Resumption in general use meanç
the action of taking back or recovering something. The expression has
been interpreted by Government and declared by Couets to mean "dis-
continuance of the exemption from payment of public revenue". Tt is a
general principle that an estate held upon a condition, whether expressed
or implied, is liable to be defeated hy reason of the non-performance of
the condition. In the matter of resumption of rent-free or assessment-
free lands by reason of failure to fulfil conditions attached to a grant,
performance of service plays an important part. There may be a grant
of land burdened with service; there may be a grant in consideration of
past andfuture services; and there may be agrant of an officethe services
attached to which are remu erated by an interest in land. It may be
made a condition of either of the first two classes of grants that the
interest in the land should cease when the services are no longer required;
but in the absence of a provision to that effect, lands held under those .
grants are not resumable at will. When the inarndar. is an alienee of the
land-revenue merely and the lands are in possession of permanent holders,
resumption removes the tie between the inamdar and the said holders,
and makes thelatter "occupants" under Government. When the inamdar
is the alienee of the soil, or when he is in possession of private lands act-
uaily or through tenants, resumption takes away the exemption from
liability to pay Iand revenue and renders the inamdar himself as an
occiipant liable to pay assessment to Government. Resumption leaves
the relations between the inamdar and his tenants unaffected. Itdirnin-
ishes the interest of the inamdar and lessens the security of mortgagees
or other incumbraucers from him.
LAND-MEANING OF-In India the expression "land" has in its ordin-
ary sense the sarne meaning which ordinari'y it has under the English
law. S. 3, cl.4 of the Land Revenue Code declares "land" to include
benefits to arise out of land and things attached to the earth, or perma-
nently fastened to anything attached to the earth
Besides its ordinary meaning the expression "land" has, in India, ut
Eeast in the Bombay Presidency, acquired some other meani-s eithe~
extended or limited. In its extended sense itincludes villages, portions of
villages, shares in, or chargeson the revenue ot ren.roj villages, and landed
estate of every descriptio3.
In ibs limited sense it means merely the publicrevenue on land. That is
the sense which is prima facie attributed to the word "land" as used irr
grants /rom the State4.
1 Coke upon Littleton 4(a).
2 See S. 3 of Act X of 1S7&
3 Bombay Act II of 1863, S. r6(B).
Bombay Act VI1 of 1863, S. 35jB).
Act 1 of1894 S.3 CI.(a),andGovernment of Bombay, v.Esufalli, (1910) I.L.R.
34 Born. 618.
4 K~ishnarau v. Rangrav, 4 Born. H.C.R. (A.C.J.)1.4y" ANNEXES TO REJOINDER (F K0. 40)
Ttius it will be seen that in India, the expression "land" is ambiguous,
and has got at least two meanings, viz., the soil itseif and the public
revenue on land.
Duhiat~.-Land is either Government land or not Govcrnment land;
that is, it is either unalienated or alienated. The expression for unalien-
ated land is KHALSAor RAYATAWA is some parts as opposed to DUMALA
or INAMlands, that is, alienated lands.
VILLAGE.-~~~~Smay be of viEEuge sr of some specific lands in villages.
Grant of villages may be of entire villages or of some fractions of villages
such as half or one-fourth. Grants of villages or of lands may be either
grants of the proprietorship of the soil of the villages or lands, or grants
of the royal portion of the produce, ttiat is, the Government assessrnent
thcrcof 1.
Oxus OF PROOF OK GRANTEE.-C~own grants have at all iimes been
constvued most favourably for the King, whe~ea fair doubt exists as to the
real meaning oj the instrument ? This rule of constrztctionhas beenadopted
in construing Indian grupzts 3.
JAGHIR AND SSRANJBM.-L~~~ JAGHIR the term "SARANJARhIa "s
acquired a somewhat technical sense meaning a liind of land tenure.
Amongst the Marathas the expression u7as appIid especially to a tempo-
rary assignment of revenue from villages or lands for the support. of
troops or for personal military service. The expression was also applred
to grants made to perçons appointed to Civil offices ofthe State to enable
them to maintain their dignity, and to grants for charitable purposes 4.
It mas the practice under former Governments, both Mahomedan and
Maratha, to maintain a species of feudal aristocracy for State purposes
by temporary assignments of revenue either for the support of troops,
for personal service, the maintenance of official dignity, or other specific
reason 5.Under the Mahomedan dynasty such holdings were known as
Jaghir, under the Maratha Rule SARANJAM.If any original distinctive
feature marked the tenure of JAGHIR and SARANJAMit ceased to exist
during the Maratha Empire, for at the period of the introduction of the
British Government, there was no practical difference between a JAG-
HIRDAR and a SARANJAMDAP either in the Deccan or the Southern Mara-
tha Country. The terms, JAGHIR and SARAKJAM,are convertible terms
in these districts. The latter is almost universally adopted '.Under the
British rule JAGHIRS and SARANJAM hÇve been looked upon as Political
For Sanads granting land-revenue, see the Sanad in Vaman Janardan v. The
Collector of Thana(186g) 6 Born. H.C.R. (A.C.J.)191. Lands held rent free in
Gujrat are called"Nakroo" lands.
2 Cornyn's Digest Vol. IV 309.
3 STaman Janardhan v. 'l'he Collector of Thana6 Born. H.C.R. (A.C.L.) 191.
Collector of fiatnagiriv.Antaji I.L.R. rz Bom. 534 at p. 544.
4 Wilson's Glossary. p. 465.
5 Preface to the Saranjam's list of 1874by Colonel Etheridge, p. I.
6 Preface by Col. Etheridge, Xlienation Settlement Officer, to the Saranjam
List of 1874.
7 Bombay Act II of 1863, S. 1,cl.~(2).Born. Act VI of 1863 S. CI.2. ANNEXES TO REJOINDER (F NO. 40) 477
tenures, which have been explained to mean those created from, or
dependent upon political considerations, the existence of which shall
be detcrmined by the Government l.
SARANJAM SND JAGHIRS-X(INDS OF.-Jaghirs were of tu70 kinds;
that is, they were either condzdio?za lr unconditional. The one was
~nilitary, the other personal; the former for the purpose of maintaining
a body of troops for the serviceof the State, and the latter for the support
of an individual or a family. A JAGHIR was never,like an Inam, entiîely
freekold; some service was, by the original tenare,required Assignments
in SARANJ~~w M ere, likeJAGHIKS, unconditional or conditional. The for-
mer were called JAT SAI~AKJ~~ as personal pay or provision for main-
taining personal dignity; the latter were caZledFOUJ SARANJAM /or the
su+$ortof the troops, and the maintenance of forts 3. The following were
the different classes of perçons to whom SARANJA~IhS ad been granted 4:
I. Sirdars or great Chiefs.
2. Mootsudees.
3. Hoozrat.
4. Silledars.
j. Dependents of foreign States.
6. Paga Chiefs.
7. Killedars.
ADMINISTRATIVE POWERÇ OF-SARANJ.~MD~~R OSR JAGHIRDARS-.It
will be remembered that holdersof JAGHIR orSARANJAM grclntshad been,
undertheformer Governments,eatrusfedwith the powersregztisiteto enable
them to collectand appropriate the revenue andto adîninister the generul
Government O/ thetractof land whiclzproduced it In matters of collection
of revenue, Act -YI11 of 1842 made it lawful to the Governor in Council
to grant any JAGHIRDARS ,ARANJAMDA or Inarndar a commission con-
ferring upon him authority for the collection of his revenue by the exer-
cise of certain powers. Act XII1 of 1342 being repealed, corresponding
provisions have been made in Ss. 83 to go of the Land Revenue Code
(Bom. Act V of 1879). Bombay Regdation XII1 of 1830 made provision
for conferring CIVIL JURISDICTION on JAGHIRDARS S,ARANJAMDAR aSd
INAMDARS T.he Regulatioa gaveLegisLativeexpressions tothe czlstorntkdt
existed, in thesematters,under the former Gozlernments.S. I of the Regu-
Iation declares it competent to the Governor in Council to grant sanads
to perçons of the classes rnentioned above, and notified in listconferring
Bombay Act. II of 1863, S. I, 16(c).
Bombay Act VI1 of 1863, S.3z(c).
2 Wilson's Glossary-Judicial & Revenue terms (1855)p. 224.
Grant Duff's History of the RIarathas (1863) Vol. III p. 370.
3 Elphinstone'sreport ofthe conquered territories of the l'eshwtts; 2nd Edit.
Appx. p. 25.
Saranjam List of 1874. Preiace pI.
4 Government SelectionNo. XXXI, Appx. b. p. 29.
Preface of the Saranjam list of 1874, p1.
6 See Part IIIch.III Sec. A p. 116.
7 For the list See BornGovt. Gazette for 1908, pages228 to 246.The listis
prepared conformably to Gnvt. Resolution So. 2363 dated 23 July 1867.
32 AXPIEXES TO REJOISDER (F KO. 40)
478
on them authority to try, and determine al1original suits of whatever
amount, that may be either filed in their courts, or may be referred io
them by the Agent or Judge. The sunnuds are personal. It is to be clearly
understood that without such a Suiiriud no Jaghirdar, Saranjarndar,
or Inamdar shall have jurisdiction to decide civil actions, unless on
arbitration or by consent of the parties l.In conferring jurisdiction on
Jaghirdars etc.,the Kcgulation provides that al1perçons residing within
the Jurisdiction ofa Jaghirdar must bring their civil disputes for adjudi-
cation before him excepting in certain cases.Ss.3 and 4 of the Regulation
prescribe the different tribunal5 for appeaIs against decisionspassed by
Jaghirdars or Saranjamdars of different ranks.
1 Clause3rd section Iof Reg. XII1 of 1830. ANXEXES TO REJOINDER {F NO. 41)
479
Annex F. No. 41
Extracts #rom"Treaties, Agreements, and Engage~nents,betweenthe Honor-
able East Indie Company and theATativePrinces, Cltiefs, and Stains
Western Indin; The Red Sea, The Persian Gui/; GE. also betweenHer
Britannic ilfajesty's Government, and Persia, Portzigal", and Tltrkey, by
R. Hztgkes Thomas, Uncovenanted Assistant to the Chief Secretary.
TREATY WITH RAGHOB(A RUGHOOSA TAHOBAJEE RAO),
DATED THE THMARCH 1775.
Article V
In consideration of such effectua1 assistance on the part of theHon'ble
Company, Raghoba, as Peshwa, and as supreme Governor in the whole
hluratha Empire, doth hereby engage, on his part, tocede and make
over to the Honorable Company for ever,the undermentioned places
and territoriesand he doth accordingly, by these presents, make over
the same to thern,in the most full, ample, and effectua1 manner; and
he doth, by these presents, deliver the necessary Sunuds, granting, in
the fullest manner, al1 the present and future full right andofthee
hluratha Government to them; and in case of the loss at any time, of
the Sunuds now delivered,hese presents are, at al1tirnes, to be considered
as such, and of full and equal validity with any Sunud whatever.
Bassein, and the whole of its dependencies, in its fullest extent, and
al1 rentsand revenues thereunto belonging, together with the Fort or
Forts, and every thinbelonging to the Poona Government in it or them.
Salsette, the whole and entire island, with al1 the revenues of the
different places annexed to it, as coIlebyeAnund Kao and Ramajee
Punt .
. Jumboosur and Orpar, with the whole of their dcpendencies, in their
fullextent together with every thing belonging to the Poona Govem-
ment in those Parganas.
The four following islands adjacentto Bombay, with every thing
beIonging to the Poona Government therein; viz.-Kurunja, Kanery,
Elephanta, and Hog Island.
ArticleX V
Al1 the places cededfor ever theHonorableCompanyby this Treaty
are tobe consideredas their sole right and property,from the day this
Treaty is signed, and this Treaty fromthat day is to be consideredin full
force,just as if the expected services were fully accomplished, ïvhether
Raghoba shall make peace with his enemies or not.
Pp. 513, 514,5Ij,jrg
TREATY WITH THE PESHWA ,OMMONLY CALLED "THE TREATY OF BAS-
SEIN", DATED THE ~ISTDECEMBE R802.
ArticleIV
For the regular payment of the whole expense of the said subsidiary
force, His Highness Rao Pundit Prudhan Rahadoer hereby assigns and AKKEXES TO REJOIKDER (F NO. 41)
480
cedes, in perpetuity, to the Honorable East India Company, al1 the
territoriedetailed in the Schedule annexed to this Treaty l.
Article V
As it may be found that certain of the territories ceded by the fore-
going Article to the Honorable Company may be inconvenient from
their situation, His Highness Kao Pundit Prudhan 13ahadoor, for the
purpose of rendering the boundary line of the Honorable Company's
possessions a good and well-defined one, agrees that such exchange of
Talookas or lands shall be made hereafter, on terms of a fair valuation
of thcir respective revenues, as the cornpletion of the said purpose may
require, and it is agreed and covenanted that the territories to be assigned
and ceded to the Honorable Company by the fourth Article, or in conse-
quence of the exchange stipulated eveiitually in this Article, shalf be
subject to the exclusive management and authorityof the said Company
and of their Officers.
Grain, and al1 other articles of consumption, and provisions, and al1
sorts of materials for wearing apparel, together with the necessary
numbers of cattle, horses, and camels, required for the use of the sub-
sidiary force, shall be entirely exempted from duties, theCommanding
Officer, and Officcrs of the said subsidiary force, shall be treated, in al1
respects, in a manner suitable to the dignity and greatness of both
States. The subsidiary force will, at al1times, be ready to execute services
of importance, such as the protection of the person of High Highness,
his heirs and successors, the overawing and chastisement of rebels or
exciters of disturbance in His Highness' dominions, and the due correc-
tion of his subjects or dependents, who may withhold payment of the
Sirkar's just claims; but it is not tbe employed on trifling occasions,
nor, like Sebundy, tobe stationed in the country to collect the reienues,
nor againçt any of the principal branches of the Muratha Empire, nor
in levying contributions from hfuratha dependents, in the rnanner of
A~ioolukgeeree.
Article X-IX
It is finally declared that this Treaty, which, according to the fore-
going Articles, is meant for the support and credit of His said Highness'
Government, and to preserve it from loss and decline, shall last as long
as the Sun and moon shall endure.
PARTITION TREATY OF POONA, WITH HIS HIGHNESS THE PESHWA,
DATER THE I~TH MAY1804.
Article 1
The province of Kuttack. including the port and district of Balasore,
and al1 cessionsof every description, made by the II. Article of the
Vide pp. grg& 5'0. ANNEXES TO REJOINDER (F NO. 41) 481
Treaty of Deogaum, or by any treaties which have been confirmed
by the X Article of the said Treaty of Deogaum,shall belong, in perpetual
sovereignty, to the Honorable English East India Company.
Article II
The territoriesof which Maharaja Sena Saheb Soobah formerly
collected the Revenues, in participation with His Highness the Soob-
hedar of the Deccan, and those forrnerly possessed by Maharaja Sena
Saheb Soobah to the Westward of the River Wurdha, ceded by the III.
Article of the Treaty of Deogaum, and the territory situated to the
Southward of the hills on which are the forts of Nernala and Gawilgur,
and to the Westward of the River Wurdha, stated by the IV. Article
of the Treaty of Deogaum te belong to the British Governrnent and its
allies, shall belonginperpetual sovereignty, to His Highness the Soob-
hedar of the Deccan, with the exception of the districts reserved to Sena
Saheb Soobah, in the V. Article of the said Treaty of Deogaum.
Article III
Al1 the forts, territories, and rights of Maharaja Dowlut Rao Sindia
inthe Doab or country situated between the Jumna and Ganges. and
al1 his forts, territories, rigand interests in the countries which are
to the Northward of those.of the Rajas of Jeypoor and Jodhpoor, and
of the Kana of Gohud, ceded by the II.Article of the Treaty of Surje
Anjungaum, shall belong, in perpetual sovereignty, to the Honorable
Company.
Article IV
The fort of Broach, and territory depending thereon, ceded by the
III. Article of the Treaty of Surje Anjungaum, shall belong, in perpetual
sovereignty, to the Honorable Company.
Article V
The fort and city of Ahmednuggur, together with such part of the
territory depending thereon as is ceded by the III. Article of the Treaty
of Surje Anjungaum to the Honorable Company and its allies, shall
belong, in perpetual sovereignty,to His Highness the Peshwa.
Article VI
Al1 the territories which belonged to hlaharaja Dowlut Kao Sindia,
before the commencement of the Iate war, situated to the Southward
of the hills caIled the Adjuntee Hills, including the fort and district of
Jalnapoor, the town and district of Gandapoor, and al1 other districts
between that range of hills and the river Godavuree ceded by the IV.
Article of the Treaty of Surje Anjungaum to the Honorable Company
and its allies, shall belong, in perpetuai sovereignty, to His Highness
the Soobhedar of the Deccan.
' Vide pp.340 & 343.482 ANNEXES TO REJOINDER (F NO. 41)
Article VI1
Al1cessions made to the Honorable Company by any Treaties, which
have' been confirmed by the IX. Article of the Treaty ofSurje Anjun-
gaum, shall belong, inperpetualsovereignty,to the Honorable Company.
PP. 530. 533, 534, 533,539-542. ..
Treaty between the Honorable East India Company and His High-
ness Bajee Rao Rughoonath Rao Pundit Prudhan, his heirs and suc-
cessors, concluded at Poona, on the 13th of June1817,by the Honorable
RI.ELPHINSTONE on the part of the Honorable Company, and by MORO
DIXIT and BALAJEE LUXOOMA Nn,the part of the Rao Pundit.Prudhan,
by virtue of full powers from their respective Governments.
Article VI1
To enable the British Government to supply the place of the contingent
above-mentioned, His Highness Kao Pundit Prudhan Bahadoor hereby
assigns and cedes, in perpetuity, to the Honorable Company, al1 the
territoriesand rights detailed in the.Scheduleannexed to this Treaty;
and His Highness expressly renounces al1 claims and pretensions, of
whatever description, on the countries enumerated in the said Schedule,
and al1 connexion with the Chiefs and Bhoomeas of those countries.
Article VIII
As it rnay be found that certain of the territories cedeby the fore-
going Article may bc inconvenient, from their situation, His Highness
Kao Pundit Prudhan Bahadoor, for the purpose of rendering the bound-
ary line a good and well defined one, agrees that such exchanges of
Talookas an, lands shall be made hereafter, on terms of a fair valuation
of their respective revenues, as theompletion of the.saic1 purpose may
require; and it is agreed and covenanted that the territories to be assigned
and ceded to the Honorable Company, by the VII. Article, or in conse-
quence of the exchange stipulated eventually in this Article, shall be
subject tothe exclusive management and authority of the said Company
and their Officers.
Article XII1
His Highness Rao Pundit Prudhan Bahadoor hereby cedes to the
Honorable East India Company al1his rights, interests, or pretensions,
feudal,territorialorpecuniary,on the province of Bundelkund, including
Saugur, Jhansi, and the lands held by Nana Govind Kao, and agrees to
relinquish al1connection uith the Chiefs in that quarter.
Article XI Ii
Wis Highness Kao Pundit Prudhan Bahadoor, for himself, and for
his heirs and successors, hercby cedes to the Honorable East India
Company al1his rights and territories in Malwa, which.were secured to
hirn by thc 1[th Article of the Treaty of.Surje Anjungaum, and generally
al1rights and presentions of every denomination, which he rnay possess
in the country to the Xorth of the river Xurbuda, excepting those whlch
Vide Appendix'A'at page528 ANNEXES TO REJOINDER (F NO. 41)
483
he possesses in the province of Guzerat; and engages never more to
interfere in the affairs of Hindoostan.
Article XV
His Highness Rao Pundit Prudhan Bahadoor formerly rented his
, share of the city and province of Ahmedabad, including the tribute of
Katteewar, to Bhugwunt Kao Gaekwar, at the rate of four lacs and a
half of Rupeeç per annurn, and granted a Sunud to that effect under
date the twenty-seventh Jumadee-col-Akhur (1205) one thousand two
hundred and five. The tribute of Katteewar, formerly comprehended in
that farm, has been ceded to the British Government by the VII. Article
of the present Treaty.
His Highness now agrees to grant the remainder of the said farm, in
perpetuity, to His Highness Raja Anund Kao Gaekwar Bahadoor, and
to his heirs and successors, on the same terrns as tbose contained in the
above-mentioned Sunud, dated the twenty-sevenlh of Jurnadee-ool-
Akahaur, A. H. one thousand two hundred and five(IZO~), cxcepting
the terms contained in the II, VIII, XI., and XV. Articles, which are
hereby abrogated and annulIed. In consideration of the greatness of the
actual revenue of the city and province of Ahmedabad, and likewiçe of
the loss to which His Highness Rao Pundit Prudhan Bahadoor has
already been subjected by his renunciation of al1 future claims on His
Highness Raja Anund Rao Gaekwar Bahadoor, and by his accepting
an annual payment of four lacs of Kupees in lieu of al1 claims actually
due up to the present day, it isagreed that the former sum of four lacs
and a half of Kupees shall still be paid for the farm of Ahmedabad,
notwithstanding the separation of the tribute of Katteewar.
Article XVI
. - - . . --- - ~ -. .
Vide page 537. ANNEXES TO REJOINDER (F NO. 42)
Annex F. No. 42
Translation made by the Governmenlof India ofthe textcontainedin thc
photocofiyof the document alAnnex No. 26 tothe PortugueseRefily.
(Inçtructions of Captain General) In order that the same Governor of
Daman, Jose de Oliveira Leitao e Sousa, (be able to receive from the
Mahrattas the ceded villages).
From the copy of the Treaty ofAgreement concluded with the Most
Auspicious Rladou Rao PandittoPradan, Lord of Punem andits Dornains,
you will see that he prornised to hand over to the Majestic State tweIve
thousand rupees worth of annual revenue in villages yielding the said
revenue.
The Envoy of the State Narana Sinai Dumo will hand over to you the
"sanads" and the orders for the said delivery and as this matter is very
important for the State, as soon as you receive the said "Sanads': and
orders, you will take at the earliest al1 the steps necessary to obtain
£rom the Lord Subedar or from the person to whom the said "Sanads"
are addressed for the handing over of the said villages.
You should see to it that the villages tobe delivered are close to the
jurisdiction of that place, so as to avoid doubts and litigation if they are
not contiguous.
In caseit so happens thatthe villageswhich are offered have a revenue
of less than twelve thousand rupees, and the steps taken by you do
not succeed in obtaining a bigger revenue do not fail to accept and to
take possession of the villages given, presenting (submitting) the ne-
cessary protests and declarations, pointing outthat the villages you are
taking possession of yield only so much of revenue and that you are
protesting in the name of the Majestic State so that competent repre-
sentations be made to the Most Happy in order to complete and hand
over revenues rnaking up the entire twelve thousand rupees per year
according to the Treaty of Agreement, because it is more convenient to
accept immediately what is offered than to raise doubts which may
render the matter uncertain and lead finally to receiving nothing at all.
You should execute solemn deeds of the handing over of the villages,
recording the "sanads" which shaIl be issued by the Most Happy, for
their deliverywith the copy oftheTreaty of Agreement which constitutes
the legitimate title, taking possession personallyof the said villages in
the presence of the magistrate Judge of the Facts and Attorney of the
Crown and the Treasury, the Registrar of the Treasury and the Xotary
Public, by executing deeds of possession of each of the villages with the
customary ceremonies consisting of opening and closing of the hors,
breaking tree-branches, taking earth and throwing it in the air and going
up and down declaring that you are taking possession in the name of
the Majestic State, inMy Name, and foiiowing my order for the Crown
of the Queen Most Faithful, Our Lady, arranging for the dates of delivery
and possession tobe signed by al, and speciallyby the Sar Subedar or
by the Person handirig over the said village; by order. ANNEXES TO REJOINDER (F KO. 42)
485
You should forward to me with care the originals of the deeds which
, shall have been prepared regarding this delivery and possession, by the
.first war-frigate leaving your port, registering them in the Books of the
Assistant Treasurer.
However, a delay being possible in this dispatchin the chance of any
(consignment) frigate, you should send tome, seizing the first opportun-
ity, the duly certified copy of the said reports.
The said delivery and possession being effected, you should get col-
lected by the Royal Treasury the revenues of the villages concerned,
following the procedure appiied in case of other revenues of the said
Treasury.
The Most Happy Madou Rao has also promised, apart from the Treaty,
to pay to the State twelve thousand rupees of revenue of one year in the
villages,and if he gives "sanad" for the said payment you will receive
it, May God protect you.
Goa 11th January, 1780,
D. Frederico GUILHERM DEE SOUSA.
Livre de Damao, No. I FF. rz6V-127-Photocopy.
Film Library-Col1 of Damao-Photocopies Nos. 2-3 ANNEXES TO REJOINDER (F KO. 43)
486
Annex F. No. 43
TRANSLATIO MADE BY THE GOVERNMEN OT INDIA OF THE TEXT
CONTAINED IN THE PHOTOCOPY OF THE DOCUMENT AT
ANNEX NQ. 33 OF THE PORTUC.~~EÇE REPLY
To Copy of threfily
Dom Christovao Pereira de Castro
I.1 received your letter, dated the 7th instant and through it1 have
been glad of your health which may always be good, for the making use
of which 1 have...'.
2. 1 am informed about the matter of Cambirgad . . .aabout the duty
of Nagar Aveli. This month is for giving alms and more than 40thousand
Brahmins have gathered. Despite the fact that the alms of the 310st
Happy are over, there are still those of private individuals, for this has
been the reason, in view of the said gathering, for the increased dearness
in al1kinds of commodities, including grass and firewood, besides which
by itself it was ...excessive and unnatural, and now much more in its
hardship ...*the arrival. The Prime Minister Nana Foddony is busy
with the arrangements of the same alms, and our Attorney is ill, and as
the courier is continuously causing me annoyance, therefore I wait.
The Replies concerning the affairs I shall send withVitoba Dessai or to
you.,After receiving this you may send another courier. With the arrival
of Vitoba Dessai 1came to know about the obstacle which the Subedar
of Bassein has put in my villages. Informing the Prime Alinister Nana
Foddonis, he not only regretted, but was even amazed, and reprimanded
for these disorders without giving notice, and ordered him to remove the
said obstacle. As regards the hindrance in respect of Gambirgondo, he
would study and do what was just, and he sent word to me that 1should
not be hurt and that I could sent an administrator in the villages, and
1replied to him that 1was gratcful for the kindness, but thatI was not
sending the administrator in the villages, because 1 do no longer want,
1 am a servant of the King of Portugal, 1 cannot receive gifts from
another Nation, as the said King has alot to give an? for my ignorance.6
I correct myself in this manner, and I shall not faIl again. This is thc
phase in which the affair lies, which 1 report to you.
3. YOUshould never allow the residents of Daman, to bring goods of
any kind on the grounds that they are goods of 'zame' belonging to
Nagar Avelly, not to cul the tirnber of any quality from that Pragana,
whether for private purpose or for their sale, except and only the quantity
urhich is necessary for the Royal service. If this is not done, it is not
only detrimental to the state, but also it içthe sure way of bringing
about cornplaints about the duties, and for the reputation which may
help the ...and it will cause great losses, owing to which reason 1am
compelled to declare as above, and also it seerns to me thatyou will not
have leased the forests, nor should they be leased,ecause only thus will
the Pragana be preserved well for the utility of the State, for which
purpose they shall be warmed not to do cutting themselves, under the
pain of being punished and sentenced for which purpose a spy shall be
posted for their being caught when they commit the offence.
4. As regards the Parsi, according to the contents of the letter you
have acted very wisely and carefully, and also you have ...'notice of ANNEXES TO REJOINDER (F NO. 43) 487
the Governor and Captain General:. What 1 can say is that when the
said comes to fetch the reply you may give itstating that about this
matter 1 have written to the Judge of the State who is in this Court and
he shall reply in thiç respect about everything; You shall do what you
think is the best or in accordance with the orders of the said Governor
and Governor and Captain General, while 1 on my part am ready to do
al1 that is for the benefit of the State even though at this moment 1am
ailing; Further information you shall have in the reply of Angy Parabhu,
Interpreter of that city, because he wrote to me your order.
5. One of the most serious complaintç of the Lessor of the Customs of
this Sarkar isthat the traders of Daman carry goods to variouç places
by the route of Nagar Aveli, and also large quantity of timber for selling,
besides .carrying goods belonging to the said-,Na Avelly ; Ifthis is
true you must stop it. Otherwise under no circumçtances wouId this
Sarkar allow the carrying free of duty, of any goods even from Nagar
Aveli ;
hlay God Preserve \'OU ...~unem, 24th ~u~ust 1787.
Very faithfully yours,
Narana Rao Vittal DUMO.
TRANSLATIO N ADE BY THE GOVERNMEN OTIXDIA OF THE
TEXT PRINTED AT PORTUGUES REEPLY,ANNEXNO. 33
LETTER OF NARANA SINAIDUNO TO THE GOVERNO OF DAMAO,
DATED Z~TH AUGUST ,787
Mr. Dom'Cristovao Pereira de Castro:
1 received your LordShipis letter dated the 7th of the present month ...
I am informed abozttthe affair of the Gambirgar regarding the dues from
Nagar-Azieli ...Concerning the obstacles pIaced in my villages by the
Subedar of Bacaim, when the Prime Minister Narana Foddony received
the news, he was no*only shocked but amazed, and he reproved him, for
having created these disorders without infoming him, and he ordered
him to remove the obstacles. As to the enemies of the Gambivgodo,he will
deal with them alzddo the needjul...
Arquivo Historico do Estade da India,
fil870, Doc. 2003, box 12.
Livro de Damao No. 4, f181.
1 Word incomplete,document torn at the edge.
. 2 Word missing,document torn at the edge. It will be seen that after the word
"Gambirgad" the edge of theeaf iç torn ait could be filloniywith the word
"e", \%-hichmeans"and", and hence the whole sentence should now read as:
"1am informcd about tiie rnatter of
' Gambirgad and about the duties of '
Nagar Avcli".
3 Word incomplete, document tornat the edge.
Word incoinplete,document torn at the edge.
5 \irord incompletiv0r.d illegible, documtorn at thedge.
6 Word illegible.
7 Word incomplete,document torn at thè edge.
L\'ord'inCom~ilete, documetorn at the edge.
Words illegible. . ANNEXES TO REJOINDER (F NO. 44)
488
I Annex F. No. 44
TRANSLATIO MADE BY THE GOVEXNMEN OT INDIA OF THE TEXT OF
THE PHOTOCOPY OF THE DOCUMENT AT ANNEX NO. 34 TO THE PORTU-
GUESE REPLY
Ifi ojder that MY. Naraîza Sinai Dumo may sec and inquire about the
pensions which the Collectorof Duties O#Gambirgar,zohois posted ut the
Chauri of Fatepur wishes to collectand which do not belongto him as the
Pragana Nagar Avelly has been cededto the State with its duties anthe
said $ensio?zsare beingdeclaredunder thefollowing Chapters.
I. Desiring to bnng paddy of 'Jarne' whjch is known as "Massul" of
the villages of Pragana Nagar Avelly to this city, the contractor of
Gambirgar who is posted in the Chauri of Fatepur and the other Duty
Collectors of the Pragana Calone Pomuari and Naher demand the duties;
having shown the Sanad of the Sarkar which you sent at the time of
rny predecessor in order that the said paddy might pass free of al1duties
which Sanad was comrnunicated to the Subedar of Bassein and to the
other Duty Collectors, yet they are always obstructing the caris in
which the said paddy is carried, owing to which fact you shouldobtaina
new Sanad in orderthat the said 'Jame' may pass without obstructionas
welEas sme timber which cornesfrom theforest of the said Pragana, for
the serviceofthls cit0% whichno dzktiesshould bepaid.
z. In the said Pragana Nagar Avelly the Duty Coliector of the Chauri
of Fatepur demands one rupee in each village and if itissmall only hall
rupee in addition to the 'Caredi'. rice, pulses, 'urid', butter, and fowl,
according to tradition, as per the list sent by him, which1forward for
you to see, and even if it had been the custom we cannot consent to it
because the said Pragana has been given with its duties.
3. He demands further in the said Pragana in each village 'caredi' of
supplies, inorder to give one rupee and demand goods of two rupees to
the detriment of the villagers while our contractor of Nagar Avelly does
not dernand in order not to harm the settlers, to which fact we should
also not consent even though it might have been customary, in his time.
4. In some villages of the said Pragana the shop-keepers are setting
up their shops and wishing to bring the goods in the shops to Daman
the Duty Collector of the Chauri of Fatepur who is of Gambirgar
obstructs the paddy carts dernanding the duties without passing by his
Chowki, owing to which fact from the last year they do not wish to
set up their shops which facisdetrimental to the duties oNagar Avellp.
5. The village Camuncha of the said Pragana Nagar Avelly has a
passage ...lpass the bullock-herders of Balagate with some goods and
take back salt by bullocks by the way of the same pass which duties ...2
to Nagar Avelly as they pass throughits district to which the Duty Collect-
or of the Chauri of Fatepur is demanding the duties, alleging that they
belong to him without passing ..3his Chauri nor dominion and ifhecoll-
ected for some time in Chamuncha being ...territories it was because
it was not coliected in the Pragana Sulla Funcanara territories oRam-
nagar as no clerk was posted in that forest and because by reason they
belong to the said pass of the village of Camuncha to the contractor of ANNEXES TO REJOINDER (F NO. 44) 489
Nagar Avelly and in fact our contractor of Nagar Avelly has collected
the duties of two years.
6. The merchants who proceed to the said Pragana Nagar Avelly,
wishing to bring some goods from there to Daman the said Duty Collector
of the Chauri demands the dutics without passing by his Chowki and ai
present he is collecting by placing ...5in the villages of the said Pragana,
7. The villagers of the said Pragana are in the habit'of selling their
bullocks the duties in respect of which belong to Our contractor as they
are in his jurisdiction. Being ...'the said Duty Collector of the said
Chauri wants to collect forcibly seriding his sepoy, without passing by his
chowki, besides which the sepoys are demanding food from the villagers.
S. The people of the hiaratha. in the Pragana Calone, Ponuari, and
Naher bring tirnher from the forests of Nager AveIi to construct their
houses burnt by the British, and as thcy have ta pay the duiies of the
said Pragana the Subedar of Bassein in consideration for the 'friendship
recluested by his letter to the Governor, that the said timber should pass
free of duty, and in fact the latter granted, while the Rlaratha is at the
same time collecting the duties on timber which the people of Damao are
bring.ng.to construct their houses.
9. The capitulations which were made forrnerly in the beginning of the
peace between both the States, the Maratha OR his side does not /uJfil,
but rather adds to the drllies on the @ddy and oth~r goods which corneto
Damno and haviwg w~itten a numbev O/ times he hnsalways made excuses.
These are the detrimental Chapters which are causing losses and hard-
sIiip owing to which rcason you will apply to the Sarkar for the purpose
of stopping the disorders and establishing peace and good friendship.
1 Word missing, page torn at the edge.
2 Word missing, page torn at the edge.
3 Word missing, page tornat the edge.
.'Ivoi-d missing, page torst the edge.
5 Word ilkgible,page torn at theedge.
6 Word illegible,page torn at the edge. ANNEXES TO REJOINDER (F NO. 45)
Annex F. No, 45
TRANSLIITIO MADE BY THE GOVERXMEN OT 1~~1.4 OF THE STATEMEKT
FOUND ON THE LAST PAGE OF THE PHOTOCOPIES OF THE DOCUMENTS AT
ANNEXES NOS.35 TO 38 TO THE PORTUGUESK EEPLY
"Statement of expenses made with the officials and Ministers of the
Darbar of the Court of Punem in orderto obtainthSanad relatinto the
Chauri of Fattepor, which the Collector of Ganbirgar collected in the
Pragana of Nagar Aveli. The expenses were incurred as under:-
To the Minister Bairopant Baba ........... 12s.700-0-0
To the Dewan of the Sar-Subedar Madagipant ..... Rs.zoo-0-0
To the Dewan of Baba RaIagipant Sangamoneri .... Rs. 50-0-0
To the Servants of Nana Furnis ............ Rs. 50-0-0
To the Secretary of Furnis .............. Ks. 25-0-0
To the clerk of Baba Nararpant ............ Rs. 25-0-0
To Parbacarpant .................. Rs. 25-0-0
To the first couriewho carried the letters, dealing with
this matter, to the Subedar of Bassein, and who delayed
twojtwenty-one days l ............... Rs. 9-2-0
For taking letters of the Collector of the jurisdiction of
Bassein .....................
To the Dewan of the Sarkar .............
The expenses amount to one thousand, two hundred and fourteeii
rupees and a half, as per letter of hlanuhargi, who is at PuThis.day
the 15th November, 1791."
1 The figurenot clear. Annex F. No. 46
TRANSLATI OADE BY THE GOVERNMEN OFTINDIA OF THE TEXT OF THE
DOCUMENT AT ANNEX38 TO THE PORTUGUESR EEPLY
Record of the "Sanad" or Order passed by .the Very Happy Madou
Rao Narana Panta Pradane, to the Collector of Taxes of Chaiiri of
Fatepor, of the Department of Ramnagar, in the year Sur San issane
tissaine Malam Vaalaf, that is to Say1791.
. 1, Madou Rao Narana Pradane, inform the gentlemen, collectors of
taxes of Chauri of Fatepor, belonging to the lands of Ramnagar, of the
Domain of the Sarkar, that the Pargana Nagar Aveli, with al1its duties
has been ceded by the Sarkar to the Portuguese State;in the aforesaid
Pargana, the Collector of the Chauri of Fatepor is creating some difficul-
ies in respect of the collection of the Singoti, Motarfa and other taxes,
imposing his authority in it, which has been brought my notice, olving
to which reasons 1 have ordered the Sar Subedar of Bacnim, to comrnand
him to observe the order issued, and1 orderby this letter the handing
over of the dominion of the Sarkar with its duties to the said State, in
order not to have authorityordominion on it, and no further complaint
should corne about it.
This day, the 18 of the month of Moram, that is to say the 21sSep-
tember. 1791.
The Gentleman,
Coilector of taxes on behalf of Sarkar of Chavadi (post) Fatepur, in
jurisdiction of Ramnagar.
With compliments frorn Madhavrao Narayan Pradhan Suhur Issanne
Tisain Maya Wa Alaf (1791).
Pargana Nagar Aveli in entirety (Darobast) and with its Zakat (taxes)
is given to thFirangee Istad, by the Sarkar. It has been brought to the
notice of the Government thatyou cause it harassment, about the Zakat
of Singoti, Mahtarfa, etc., which formed the share (Amal) of Zakatof
Chavadi of Fatepur. The Sar Subha has already been directed to issue
to you the necessary instruction in this connection and hence this letter.
Sarkar's revenue (Sarkar Amal) from the said Pargana with its Zakat
has been given to the Firangee and Sanad is already issued. You should,
therefore,stopthekarnssmevctabout the (collection) of share of Zakat of
Fatepur Chavadi henceforth. No more complaint will be entertained in
this connection.e it known 18Muharam-Huzur's grant-Seal.492 ANNEXES TO REJOINDER (P NO. 47)
Annex F. No. 47
(TransIation from "Agentes da Diplomacia Portuguesa na India",
by P. Pissurlencar, Bastora (Goa), Tipografia Rangel-1952.)
Page No. 481
No. II0
TO VITHAL RA0 GORQUI
1 received your letter dated the 6th instant which was submitted
to His Excellency, who directed me to inform you that as long as that
Savkar did not withdraw the guard which he Posted in Pragana Nagar
Aveli, His Excellency cannot entertain nnjj Profiosal from the said Sarkar,
like the one made at firesent by Ambruta Rao, nor can he discuss any
other mattev. Ad he directs that you should, in the manner you find
most convenient, firomote to your zttmost ability the necessary actiuities,
through the Ruler as welLas the Ministers, in order that the Order for
the withdrawalof the said guavd may be issued and the scandalozksdecision
to wish toascertain now Izowit was cededtothe Majestic Stnte, beswsfiended,
and also for restoring everjlthing to the ~revio~s stain, observance of
the Treratyconcluded betweemthe same iMajesticState and the said Sarkn~.
Once this is settled, and as soon as 2he Governor of Daman i%/orms
that the matter has beelaaccordingly settled, His Excellency will entertnia
THE PROPOSAL FOR THE SALE OF 2,000 WEAPONS AND FOUR ARTILLERY
GUNS, warning that, assuming the division and ofi#osition,in which the
chief fiersonageinPwaem find themsehes at present together,consequently,
wztk tlzeir own Parties, the said sale shall be eflected only with the Ruler,
as ii is not just tobel# against him any of the said Parties. 1request
you to keep on sending true reports about al1 that is going on.
I trust in your honour and in your weI1-known ability todischarge
this duty, with the high consideration in which 1 hold your worth
and zeal in the interests of the blajestic State. May God guard you.
Goa, dated the 19th May, 1798.-Jose Caetano Pacheco TAVARES.
(Book of the Neighbouring Kings, No. 19, Page 91, reverse.)
Page No. 482
No. 111
.TO VITHAL RA0 GORQUI
1 received your three letters, datedthe 13th and 17th instant; and
a statement of account enclosed with one of them; and two copies
written in gentile script which 1 submitted to His Excellency, who
is awaiting to receive, with the utmost expedition, a communication
from you, informing about the issue of the order which you state
Arnbruta Rao has directed to be given for the withdrawal of the Guard ANNEXES TO REJOINDER (5' NO. 47) 493
of Pragana Nagar Aveli, and for non-interference with its Revenues;
in vieiv of the e8ciency with which you deal îvith the ntatter ejetrzcsted
to yoztr cnrI am sure that you will s.uccein this case,and as soon as
you ilafovm the Governor of Daman thad the said Guard kas been with-
drnwn and the+ossession.in.zmihichthe Murestic Statewas, of the said
Pragana Nagar Aveli, has been restored, we cmn accefit the firofiosal
regctrdingthe sale of rifles and artillery guin the manner referred to
by me inmy last ledterto you, accordingtoHis Excellency's instvlctions
to me.
........................
Goa, dated the 30th Nay, 1798.-Jose Caetano Pacheco TAVARES.
(Book of the Neighbouring Kings, No. 19, Page 92.)
Page No. 483
No. r12
TO THE SAME VITHAL RA0 GORQUI
1 received the letter which you wrote to me, on 18th instant and
the copies, enclosed therewith, of the order by which that Sarkar
directed the withdrawal of the Guard which had been posted in the
Pragana Nagar Aveli and the restitution of the revenues which might
have been collected, and also the copy of the letter which you wrote
to the Acting Governor of the Uaman Citadel. 1 submitted al1 of them
to His Excellency who, to my great satisfaction, "referred in glowing
terms to the zeal and activity" with which you have conducted yourself
in this matter,and has directed me to write to you expressing thanks
on his behalf, and informing that in "consideration of the praise-
worthy services", he had promoted your son Gorqui Sinai to the post
of Infantry Captain on a salary of forty-eight "Xerrifins" per month,
and only today he receivcd from my hand the Appointment Order,
owing to which fact 1 convey to you my congratulations, and shall
be glad if fresh opportunitiesarc presented to you for enhancing your
merit. The letter enclosed here~vith for the Governor of Uaman you
shall imrnediately fonvard, byan express courier, and shall also despatch
the one enclosed herewith to Gabriel Jno Dos Anjos, and in case the
Governor sends you any letter addressed to His Exceilency, you shall
irnmediately despatch it to this Court.
Goa, dated the 31st Xay, 17gS.-Jos~ Caetaiio Pacheco TAVAKES.
(Book of the Neighbouring Kings, No. 19, Page 93.)
TO THE EMVOY VITHAL KA0 GORQUl
1 received your letters, dated the 20th of the lasi month, as well
as the copies, enclosed therewith, of the Sanadand Ordcrs which were
33494 AN-iTEXSS TO REJOINDER (F NO. 47)
issued by that Sarkar in respect of the dispute about the Pragana
Nagar Haveli, and having submitted everything to His Excellency,
the latter took due note of the good work performed by you, whic1.i
is quite in keeping with the zeal that you have always been showing
in "promoting the interests of the State" and 1 hope that with the
production of the Sanad the same Pragana willbe freed.
His E.xceLZerecyhns immzdiately isszted the Order tu the Tr~asurer
General oj the Court tofiay to your soqzthe amozrnt of five 1zwndrt.da~zd
sircty-one rzrfiees, whiciz yozt have spinztgijts, and yesterday1 se~zt
nolice to your son to take delivery of the sa.d order of Pnyment and to
deal witk the matter of collecti~zgthe aînount.
Now that tlze Pragana kas been restorsd and sime the fiersons sentby
Ambrztta Hao is carrying a letter #rom the Rüler lo His Excellency by
tlzc sn7t/ovnzaJzty,with zeihichhe came on accozint of the gcbnpouder,
tlze same Excellency will tnke into consideration the $ro$oofEthe above
me?btionedAmbrz~ta Rao, Ihe latter Paying the value of the com~nodities
which Re desired to obtain, a6 the time of delivery, e8ected to the +erso?z
who cornesto take them, arzd tkis is the reply that His Exc~llency directs
to be givelzOH thismntter, becnuse without interoention of the Ruler the
abovementiotaedcornmoditiescatznot be sold, since they must be considered
as having been Pztrchnsed by that Sorkar.
.........................
Goa, dated thc 7th July, 1798.-Jose Caetano Pacheco TAVARES.
(Book of the Xeighbouring Kings, No. 19, Page 94 reverse.)
Page 486
No. rrg
1 submitted to 'Hiç Excellency the letter which you wrote to me
on the 13th instant, and 1 shall be glad to hear that you have obtained
and despatched to Daman the Sanad, which you expected to receive
from that Sarkar, in respect of the Pragana Nagar Aveli. May God
guard you.
Goa, dated the 20th Octo., 1798.-Jose Caetano Pacheco.
(Book of the Neighbouring Kings, No. 19, Page IOO.)
Page No. 487
No. 117
TO THE ESTEEMED AKi3HOXOURABLE LAXUM0h;A PAKTA CHECRADEVA,
UrHOSE FRIEBDSHIP MAY BE EVFRLAÇTING
1, Jose Caetano Pacheco Tavares, etc., etc.,
The Honourable VithaI Rao Gorgui, Envoy of the Majestic Statc
in that Sarkar has informed me of the particular favour with which
you regarded the matters lvhich interest this Court, having given ANNEXES TO REJOINDER (F NO. 47)
495
proofs of your friendship by the efficient manner in which yoii arranged
for the issue of the Sanads, applied for by the sanieEnvoy, and addressed
to the Government of Bassein. 1 thank you for this attention, with
which His ExceUency the Governor and Captain General of India
was very much pieascd, and the latter directsmc to inform you of
his speciai affection and at the same time has ordered the said Envoy
to hand over to you two pieces of Damasc, tvhick are being sent on
this occasion, and I only pray for more opportunities to please you
and to make you gifts, and may God enlighten you in His Divine Grace.
Goa, dated the 5th Rlarch, 17gg.-Jose Caetano Pacheco TAVARES.
(Book of the Neiglibouring Kings, No. 19, Page 104.1
Page iVo.487
No. 118
TO THE STATE ENVOY IN PUNEM VITHAL RA0 GORQUT
1 received your 3 letters, dated the 15th, 13th and 19th ultirno,
together with a copy of the Sanad issued to the Sar Suba of Bassein,
and the news about this matter has pIeased very much Ris ExceIlency,
who is quite aware of the great zeal you employ in His Majesty's service.
1 enclose two copies with my letters to Naro Panta Chacradeo and
Lacximana Panta Chacradeo thanking them for their help in the
despatch of the said Sanad, and 1 çend also four pieces of Damasc in
two parceh to be offered to the said two brothers in the name ofHis
Excellency, conveying to them the high consideration in which 1 hold
their friendship, and whenever there is occasion to be of service to
them, they shall find in me every consideration.
In com+liancôwith your request I am forwarding the lhree Gztarantees
whick you have applied for and I have deliverad io your son an Order
to the General TrelrszlrO# th State for Paymelrt to hzm O# the szcm of
hzbndredand ninety-fiue rufiees, which you have spent with the oflcinls
of thatDarbar, who have isszcedthe Sa?.tad,ami likewise for the Puymeni
of'two hztndred rztfieesspenin the oeer made toVinayak Panta son of
Ambrutu Rno.
Goa, dated the 6th March, 1799.-Jose Caetano Pacheco TAVARES.
(Book of the Neighbouring Kings, No. 19, Page 104, reverse.)
No. 121
TO THE SAME VITHAL RA0 GORQUI
1 received four letters which you wrote on the 16th, z~st, zznd,.
and 25th of May last, which 1 submitted to His Excellency, who. was.
very happy to note the contents therein.
On this occasion, I am despatchiiig zoo mnngoes for distribution-M6 ANNEXES TO REJOINDER (F RO. 47)
amongst the usual perçons; an order has been issued for the payment
to your son of eleven rupees and three quarters spent on the transport
of other mangoes which were sent via Bombay, and another order
shallbe issued likewisfor the payment to him of twenty-one 'Chandory'
rupees which you have spent with some of the officials of that Sarkar
for the purpose of the issue of the Sanad which you have secured by
means of those efficient steps takeby yoii in the interest of the Citadel
of Daman, for which 1 am directed by His Excellency to praiseyour
services.
Goa, 14th June, 1799.-Jose Caetano Pacheco TAVARES.
(Book of the Neighbouring Kings, No. 19, Page 112; and Monsoons'
Book, No. 195-A, Page 225.)
Page No. 503
TO THE ENVOY VITHAL RA0 GORQUI
Your letters, dated the rst, 26th and 29th ultirno were submitted
to His Excellency, who, taking due note of the contents therein, has
directed me to write the letter which is sent under a sealed cover,
the copy of which 1 enclose herewith, with the request that you should
hand over the said letter to Balaji Cunger with whom you should deal
in respect of the matter relating to the affair of Nagar Aveli; he further
directs me to state that according to the work performed for the
settlement of the said matter, the offer of gifts, to which you refer,
shall be arranged, in view of the practice which you state having been
followed in the negotiations formerly conducted in that Government,
in respect of that particular matter and other similar ones.
You will immediately inform the Governor of Daman about the arran-
gements oj the request made to the said Minister and you shall endeavour
with due zeal, so that the old Sanad vnay be confirmed, despatching the
original cofiy to the said Governor and a cojy tu this Court. May God
guard you.
Goa, dated the 8th February, 1802.-Jose Caetano Pacheco TAVARES.
(Book of the Neighbouring Kings, No. 19,Page 144, reverse.)
I receivedyour Lastleiderïeiiththe one, which you sent, /rom the Governor
O/ Daman, and lhey were submitted to His Excellency. I request yozt @
do your zltmost to obtain the decisive Saîlad which the sazd Governor zs
asking for, i.izorder to avoid the disturbances which avery ~ow and then
are beiltg ca~seby the Headmen in the neighbozarhoodof Pragana Nagar
Avell, and you should use for this purpose al1your abilityin order thnt ANNEXES TO REJOINDER (F NO. 47)
497
yozc may oger a fresh o##ortunity fov receiving due recognitio~tfor your
service.
You will continue to convey to me al1the interesting news. May
God guard you.
Goa, dated the zxst hlarch, 1802.-Jose Caetano Pacheco TAVARES.
To the Honourable Captain Vithal Rao Gorqui.
(Monsoon's Book, No. 195-A, Page 227.)
TO VITHAL RA0 GORQUI, ENVOY OF THE STATE IN PUNEM
I have received your letter, dlated the 6th instant with the dufiliclste
copies of the letters which have been re$lied to ody a few days back. The
enclosed coPy of the Sanad which the Ruler isszded.?Othe SLLYSubadar of
Bassein, shows the confirmation of the #revious Sanads, and the #reser-
vation of the entire #ossession of Pragana Nagar Aveli and the customs,
about which theSur Subadar was raising doubts, allegingthat they bdonged
$0 the jt~risdictioof Gambirgod; owing to wh.irh fact ifis clearly seen
that al1doztbtshave now ceased,and the letter which theGovernorof Daman
hns received abozitthis matfer froln the said Sur Subarar does not deserve
any consideration, and as the result thereby the stefis taken by theGovernor
were so useful that erierytlzing qz~ieteneddown.
As regards your services and those of your house, due attention
wili be given to the matter and you cannot doubt the favours granted
to your father, to you, to your brother, to your sons, and grandson,
within the possibilities and the greatnesç of the Stste. Furthermore,
1 shall not let slipany occasion of continuing to be of service to you,
by using my good offices withHis Excellency, as 1have done hitherto,
in respect of your person. May God guard you.
Goa, dated the zznd April, 1802.-Jose Caetano Pacheco TAVARES.
(Book of the Neighbouring Kings, No. ~g, Page 148.)
TO VlTHAL RA0 GOI<QUI ENVOY OF THE
STATE IN PUNEM
1 received your 3 letters, dated the ~oti and 30th April last, andthe .
10th instant, logether with the Sanad and other papers relating to the
new arrangements, whiclz you have secztred for the rntificatiolz O/ the
firevioz6sSanads, by virtzie of whichtizisStnte isin tlze just possesskon
of the Customs of the Pragana Nagay Aveli. Everything was sztbmitted
to His Excellency, who was #leasen fosanction the expenses amoundzlzg4gs ANNEXES TO REJOINDER (F NO. 47)
to thvee hzlndred and twenty-one rufiees inczwred by yozt in this zeiork,
wkich amotmt he has orderedto be fiaid foyozcrs0.nGorqztiSinai ut the
%sual rate of exchange. You shnllcontinue to report interestiwgnews as
welEas the movenzents taking place in theregion of Gujarat.
May God guard you.
Goa, dated the 23rd May, 1802.-Jose Caetano Pacheco TAVARES.
(Book of the Neighbouring Kings, No. 19,Page 148 reverse.)
Page5-07
No. 146
TO THE Eh'VOY VITHAL RA0 GORQUI
1 received your letter dated the 15th ultimo which was submitted
to His Exceliency, and the latter took due note of al1 the reports
contriined therein, and 1 request you to continue transmitting to me
all interesting news.
You must contact personally Balaji Cunger and assure him that
both His Excellency and 1 hold in great consideration his relations
and that we consider consistent al1the interesthe takes for the main-
tenance of the friendship existing between this Majestic State and
that Sarkar, and also that ~vhenever the occasion presents itself to
show him courtesy, His Excellency will give hirn proofs of the regard
in wliich he isheld, because of what he has done in the matter of the
Pragana Nagar hveli. May God preserve you.
Goa, dated the 2nd October, 1502.-Jose Caetano Pacheco TAVARES.
(Book of the Xeighbouring Kings, No. 19, Page 151.) Annex F. NO. 48
DASTAK (PERMITÇ OR PASSES) IÇÇUED BY THE ?V~-~RATHAGOVERNMENT
Poona Daftar,
Ghadni, Rumal,
NO.331.
Rajmundal
A.D. 1792
Shaka 1714
Swari Kajashri Pant Pradhan,
Receipts on account of Dastaks-Orders.
Date 23 Sawal Akher, Nilkantha.
Baburao Amatya will make purchases of 8 Khandis of rice fromFiran-
gan Konkan and will bring it to Satara. He should be permitted to do so
and no harassment be caused on account of ZaBat. Dastak tu be issued
according to lastyears' Uastuk.
Dastak I.
[Sec Annex F. No. 561 Pouna Daftar
Deccan
R.mNo.164.ner
Shri 1816.
Balkrishna Shivaram is proceeding to Baroda. Requests for Rahadari DeccanDaftar
Dastak. Commissioner.
5horses to carry horse-men. Rumal No. 164.
3 horses to carry the kit.
I Rullock cari.
2j Men-IO armed-men-15 without arms.
Above items be entered in Dastak.
--
Shri 181611 A7.D.
Seal of Bajirao
Raghunath.
Dastak from Sarkar Shri Yant Fradhaii.
To
The Ramavisdars, Chokidars, CoIlecto~s of transit duties and others Poona Daftar
concerned with the Zakat collection-of each Mahal. Suhur. Saba- ~~$s,ioner.
Ashar-Mayatain-Alaf, RurnalNo.164
Rajashri Ramachandra Mahadev Abhankar wiIl bring his nce in
bulk of 80 bullocks-load, in three turnafter mnking purchases from the
konkan, excluding Firangan, via Parner to Poona. He shaIl be allowed
to da so without any demands for Zakat. May it be known. Date $
Muharan. Ajma Praman.
(Seal.)50° ANNE;XES TO REJOINDER (F NO. 49)
Annex F.No. 49
TRANSLATI OANDE EY THE GOVERNMEN OTINDIA OF THE TEXT OF THE
PHOTOCOPY OF THE DOCUMENT AT ANNEX40 TO
THE PORTUGUESR EEPLY
For the same Governor of Damao.
1 have been submitted various letters of the rnonths of March of the
last year in which you informed me of the obstacles put by the Com-
mander~, your neighbaurs and subordinates of the Court of Punem,
preventing the communications and transport of wholesale commodities
of trade inasmuch as they pass through the check-post contiguous to
ouï jurisdiction and that you, by way of reprisal, had likewise prevented
the dispatch of commodities which they require from Daman; and that
as the result of the efforts of our Envoy in Punem an order had corne
from the Subedar of Bassein to the Headman appointed by him in that
city ta remove the above-mentioned obstacle, which was being executed;
but that the same Headman had requested you to send beforehim a
person with authority todeal about theclaims of his Court in regard to
the revenuesof the Pragana Nagar Aveli to which clairns you had not
replied nor intended toreply.
Your conduct concerning al1 this matter has been the most regular
and as far as possible decorous to the State, and one must always do so
in such cases, inasmuch as there is every reason to believe that such
claims emergc from the ambition of the Headman, taking for granted the
condescension of the Majestic State to try and see whether thereby they
succeed in obtaining some pecuniary sacrifices which they shall repea-
tedly demand in proportion to our condescension and sacrifice; and
therefore this mustbe avoided more energetically. Nevertheless we must
conduct ourselves with greater prudence in order that we might nof
reach the extremefloi?.ttwhereby the Court of Punem may sat$$ort the
extortionsof thesame Weadman; the ban on the despatch to and entry in
Daman of the comrnodities from the Maratha dominions is detrimental
to them only, and it cannot last long withoutthose affected byitcom-
plaining and dernanding the lifting of the obstacle. The ban on the
despatch from our territoryisdetrimental tous because it dislocates the
trade and it must onIy be adopted as a necessary rneans to put an end
to the reciprocal obstacle of the Idarathas; and therefore it must not be
adopted always and the ...must be kept up.
There should not be any objection to replying to the Ietter of the
Weadman of Bassein. It is rather an act of courtesy which should be
performed with greater TeaSOTbietween the Public Authorities,as long
as you do not meddle into the dispute of the contractor of Pragana aa
rnatter finally settled many ~ears back between the Court of Punem and
the Majestic State and that there cannot beny claim about this matter
which you may be authorised to deal with, but in case fheris any, it
must bedealtwith immedialelybetweenthe CourtofPunem and theSztpreme
Govevnmentof Goa.
You must resist the claims of Lala Morim in order to be reinstated in
the post of Patel of Pragana which he has deserted owing to his crimes;
that he should justify himselfto be admitted as dernanded by justice.
And as the Pragana is of the State, its settlers are vassals of the same,
and must be punished when they misbehave; and in order that the justice
' Wnrd illegible. ANNEXES TO REJOINDER (F NO. 50) 501
might be fulfiUed in respect of the above-mentioned Patel who had
deserted as the result of his crimeand in consideration of the recom-
mendations from Punem it wourld be indispensableforhim to have his
farnilyinDaman and to give proofs of his repentencin order that he
might later on deserve my consideratiand pardon. Under this principle
you should consider this claim and ..'may God preserve you. Palace
of Panjim, dated the 10th January,~$07.Fr. Ant. da Veiga Cabral.
Annex F. No.50
TRANSLATIO MNADE BY THE GOVERNMEN O FINDIA OF THE PHOTOCOPY
OF THE DOCUMENT AT ANNEXNO.42
TOTHE PORTUGUESR EEPLY
IUustrious and dearSir,
The Maratha Headmen of thejurisdictionofUmborgao, alleging that
they had orders from the Court of Punem, in order that thev should.
with armed forces, catch some thieves, whoby fixing ther residence in
theiPraganas, raided, for the purpose of robbing, various villages in the
same juXsdiction, they entered with this purpose in vinwour Pragana
with more than zoo men badly armed, where they committed the inso-
lence of arresting and carrying to Umborgao four settlers (men)with
theirfamilies, cattle and house-effects, on the pretext that they were
associated with the thieves of the other mentioned Praganas, owing to
which fact 1 deemed it indispensable to stop this act of violence by
sending to our Pragana, Capt. Joao Cordeiro with a detachment of well
armed 20 sepoys to which,1 ordered the Patels of the same Pragana,to
join a detachment of 300 men, also armed, in the same manner as the
Maratha troops, who are nothing but "cooIies" armed mostly with
bows and arrows, some with swords, and few with firearms.
As soon as the said Headmen received news of this step they disap-
peared from the Pragana, with drawing to Umborgao. I wroteto them
demanding satisfaction for the insult which theyhad just comnzitfed,and
they replied to me resortingto fzttile reasons,throughwhich theyiatended,
byeverymeans,fosupporttheright whicktheCourtofPunem hastodemand
#romme thedelivery,not only offhosemen, refiattedto bethieveswhomthey
had arrestedand carriedaway, bwtalsoof al1theotherswho, residii?~Ou7
Pragana associatethemselveswith the thieuesof their Praganas, who have
committedlargenumber of theftsin the territoriesof their jurisdictions, and
thdtby a Iist hewas acqz$aintingme with thenames of theotheraccomfilices,
whom 1 should arrest imnzediatelyand send to him, and fhat otherwise1
WOU^ b^eresflonsibta the Court of Pztnem, and would have to answerfor
the thettwhich might take place. The sume Headmen O# Umborgao, ho
are nothzng but sonzeParsis who only a few yeuïs back ceasedto be the
contractorsof "Urraca",FABRICATED A LETTER ADDRESSED TO ME IN THE
NAME OF THE GENERA LF BASSEIN IN SIMILAR TERMS, AND CONTAINING
THREATS OF TAKIKG AWAY FROM THE STATE THE OWNERSHIP OF THE
PRAGANA NAGAR AVEEI.They have also arrangedfor the delivery to me
of ajettein the name of theRuler of Punem, in which the latterinformed
me of having entrusted the iask of arresting the thiev...*in various
lWord illegible.
Word illegible.Praganas, to the Parsi Ratangi, who consideringitconvelzientwill enter,
forthepurposein view,thePragana cf Nagar Aveli whick hehas GRANTED
tu the iMajesticState, and that I should not prevent him, but that 1 should
ratherdo him the favour and bel$ hianto catchand take away the thieves
wkichmight befound doberesiding ilzthesaid Pragana.
Without trying to bother Your Excellency with the mortifying vexa-
tions with which 1 have been obliged to tolerate such impudences and
threats, 1 am informing Your Excellency that considering it just to
order the arrest of the named thieves in our Pragana, who are already in
custody in the jails of this city ivith the exceptiof 3 men, ~vhocould
not be caught, 1 have not, however, deemed it convenient to hand them
over to the hlaratha Headmen because 1 feel this step to be detrimental
to the credit of the h'ation under whose protection live, in the same
rnanner as the inhabitants of this city, the people of our Pragana, who
will otherwise be conjused in determinilzgthe aztthorityto whom they are
subjected,when it is true that these men, being in fact thieves, can be
punished by the legitimate authorities, whose subjects they considered
to be. However, as my reluctance in handing them over to the Naratha
Headrnan may carry consequences, and as my wishes are that 1 should
act justly while1 am working for the good of the Royal Service, I hope
that Your Excellencyshall communicate as early as possiblewhich should
be my line of conductin lhis matterand how 1çhould proceed with the
above-mentioned prisoners as weIl as with any other inhabitants of our
Pragana whom the Maratha Headmen accusc of being associated with
the thieves, in the assurance that1shal1order their arrest and imprison-
ment in the jails of this city, but thaunder no circumstances shall 1
deliver them to the Maratha justice without Your Excellency's orders.
I must also inforrn your Excellency thatI have issued an order to be
published throughout Our Pragana in order that the Patels, Naiks, and
contractors who, knowing the whereabouts of any thieves in their
villages, do not bring them immediately, under arrest, before me shall
be punished and branded as thieves. I pray Your ExceIlency to take
into consideration what 1have stated above and to convey to me your
orders.
May God preserve your ilIustrious person formany years.
Fortress of Daman, dated the 28th November, 1814.
To the illustrious Count of Sarzedas, Viceroy and Caytain-General of
India.
D. Jose Maria DE CASTRO ALMEIDA.
Annex F. No. 51
Illustrious Sir,
Since writing to Your Excellency on the 28th of the last month about
the whimsical claims of the Maratha Headmen, neighbours of this Place,
of arrogating upon their Courts, the task of taking cognizance of and
meting out punishment for crimes, and of interrogating some residents
of our Pragana Nagar Aveli, and about my decision not to allow thls,
disregarding their threats, as long as you did not order me to do other- ANNEXES TO REJOINDER (F NO. 51) 5O3
{vise,it has been reported to me that the said Headmen had started to
gather armed people in the village of Umbargao, spreading the rumour
that they were making preparations for taking possession of our Pragana,
and since thisrzbmozcwrhich is rife isin linewith the dhreateniflgtonof
the letterfrom the Generalof Basseifi, 1 took the immediate decision of
ordering the garrisoning of the two main positions in the said Pragana,
viz., the villages of Dadara, lying to the North, and of Naroli, to the
South, ordering one detachment of Infantry and of Sepoys of this city
to proceed to each of these positions, with one field gun with the required
stores and ammunition, under two officerswith orders to repel, separately
or jointly, aspermitted by circumstances, al1kinds of insults which the
said Naratha Headmen might attempt to commit in the said Pragana.
This step was sufficient to change the arrogant tone, in which the said
I-Ieadmen had addressed themselves to me earlier, into one of friendliness
and diplomacy, arguing that the report about their intention to commit
insults against Our Pragana was false, it being a fact holvever t.hat they
were getting armed people tohether, in order to go after the robbers
ivho had entrenched thernselves in one of the hills of their Pragana; and
in the end one of those Headmen came personally to this Fortress where
1 reside, to present his compliments and to give me explanations for al1
that had taken place, as the result of which, I on my side, showed him
that 1 was satisfied and expected from them, in future, a behaviour
more in keeping with the good alliancesubsisting between ourtwo Courts,
and subsequently 1 ordered the withdrawal of the said detachments to
this city, a11of which 1take to Your Excellency's notice, and 1must also
acquaint Your Excellency with what the hlaratha Headman told me
confidentially, and which is as follows: The General of Bassein goaded
by the fact that a Bania, his relative, had been deprived of the ownership
of a property, which he enjoyed in one of the villages in the Provinces
of the new Conquest of this State, on the grounds that he was the priest
of the Temple in the same village, waç seeking in the Court of Punem to
invent excuses to cause some damages to the Portuguese Nation, and
since the Pragana Nagar Aveli was a freely bestowed grant to the
Najestic State by the Ruler of Punem, he fearetl that his eviI intentions
could not be visited upon the said Pragana. Since1 am not alvare of the
real origin of this affair, can do no other thing besides convey it to
E'our Excellency, as it has been communicated to me.
Eight men arrested are jaiIed il this city, as associates of those thieves,
about whom the illaratha Headmen complained, and the latter have
represented to me about the security of the said prisoners, the feedin
of whom will be burdensome to this Establishment, when they could,
with Your ExceIlency's permission, be sent to that City, there to be
employed to advantage in works connected with the Gunpowder Depot,
but Your Excellency shall decide as you think best.
May God preserve the Illustrious person of Your Excellency, fomany
years. Daman, 23rd December, 1814.
To the Illustrious Count of Sarzedas, Captain-General of the State of
India.
D. Jose Maria de Castro Almeida. ANNEXES TO REJOINDER (F NO. 52)
5O4
Annex F. No. 52
Letter of the Viceroy to the Governor of Damaun, dated the 8th
December, 1914.
1 have received yesterday Your letter, dated the 28th of last Novem-
ber, and Ihave studied its contents; 1 approve of the steps that yuo
have taken in this connection, one of the principal ones being to take
the necessary precautions to see that the inhabitants of our Pragana do
not unite with those from outside to go and steal in Maratha territory.
As for the individuals who are inprison ünder your orders and others
whom you might arrest in future for the same reasons, they should be
punished by the legitimate authorities, as vassals that they are of Hiç
Royal Highness the Prince Regent, Our Aiaster. As regards the requests
that you have received to give them up, you shall reply in that ..l
and polite manner that should be adopted on such occasions, saying that
they will be punished by the authorities of this jurisdiction, and that
they will be removed from the places where they can do harm to our
neighbours; but that, in any case, you wi11not give them up, and as
you state in your letter that the Headman of Umbavgaofabricateda letter
addvessedto you in the name ofthe Generalof Bassein, and that they have
also delivevedto you another in the name of the RztlevofPunem, it may
well be that the letter also hos been fabricated by them, and witlzoufordeys
f9om the Court of Punem, since you are, the~e in a better position to
ascertain, in orderto decide on the most suitable replies.
31ay God preserve you, Panjim dated the 2nd December 1814.
Count of Sarzedas.
Word illegible - ANNEXES TO REJOINDER (F NO. 53)
Annex F, No. 53
(Record Ofice, Bombay)
1890.
GOA.
Infraction of Article XVIII of the Treaty of Commerce and Extradition
6y the Ratnagiri Police. Procedure to be adopted when moving armed
police through Indo-Portuguese territory.
POLITICAL DEPARTMENT.
Bombay Castle, and July, 1890.
Telegrarn from the Secretary GeneraI to the Government of Yor-
tuguese India, dated the 29th May, r8go.:-
"Fifteen sepoys of the Ratnagiri Police landed armed in Mir-
mugao. The arms were retained by the local police for want of
previoiis license1 inform you of this for the necessary action."
TeIegram from the Collector and District Magistrate of Ratnagiri!
dated the and June, 1890.
Lettcr from the Secretary-General to the Government of Portuguese
India, No. 64, dated the 30th May, 1890-Co~firming his telegram of
the 29th May and stating that at the request of the British Consul at
Goa the sepoys were allowed to proceed to BeIgaum without arms, and
expressing a hope that this Government will take the necessary steps
to avoid a repetition of this infraction at Articl18 of tlie Treaty of
Commerce and Extradition.
Lettcr from Her Britannic Majesty's Vice-Consul at Goa, NO.B.G.-13,
dated the 2nd June, 1890-Keporting, in connection with his letter
NO.B.G.-12,datecl the 17th ultimo, the fact that a parof the Ratnagiri
Police proceeding to Belgaum were disarmed by the Portuguese officiais.
Stating the action taken by him in the matter, and intimating that
tliere has been no friction in the case. Drawing attention to Government
Kesolution No. 107, dated the 9th January, 1580, and observing thnt
apparently this order is not sufficiently understood or is ovcrlooked,
and that it is with the wish that clear instructions on the subject may
be issned that he addresses Government, &c.
Furt her telegram from the Secretary General of Portuguese India,
dated the 3rd June, 1890.50~ ANNEXES TO REJOIXDER (F NO. 53)
Letter from the Collector and District Magistrate, Ratnggiri, No. 1969,
dated the 9th June, 1890-Forwarding, with reference to this Depart-
ment telegram, dated the 31st May, 1890, a copy of a report from the
District Superintendent of Police, Ratnagiri, with his remarks thereon,
on the subject of the despatch of an armed body of Police from his
District to the Belgaum District via Marmugao. Stating that personallÿ
he was not aware of the intention of the Police Superintendent to send
the party armed by Marmugao, and expressing regret forhis not having
made enquiries as to the route the party was to take, as he would
certainly have informed the Superintcndent that it should go unarmed.
Expressing a hope that the explanation of the Superintendent of Police '
may be considered satisfactory.
bIemorandum from the Commissioner, S.D., No. POL.-~O~, dated the
14th June, 1890-Forwarding the above, and observing that it seerns
desirable that some orders should be issued directing the procedure
to be followed whenever it may be found necessary to move Arrneù
Police through Indo-Portuguese territory.
R~so~u~~o~.-Under Article XVIII ofthe Treaty of Commerce and
Extradition between Great Britain and Portugal, ratified on the 6th of
August, 1879, it is provided that the armed forces of one of the two
high contracting parties shal not enter the Indian dominions of the
other, except for the purposes specified in former or in that treaty, or
except in consequence of a formal request made by the party desiring
such entry to the other. When therefore the Superintendent of Police,
Ratnigiri, desired to despatch a party of armed Police to hlarmugao
for transit to Belgaum, he ought to have moved Governrnent in this
Department to prefer a formal request to the Governor General of
Portuguese India and awaited the result.
2.The Resolution No. 107, dated 9th January, 1880, quoted by the
Vice-consul deals with other clauses of Article XVIII in respect of the
exportation and importation of arms and ammunition, and is not
relevant to the present case. The Commissioners of Divisions, and the
Inspector-General of Police should have their attention called to the
present irregularity, and the regret of Government at the accidental
omission to comply with the stipulation of the treaty should be expressed
to the authorities at Goa.
IV. LEE WAKNER,
Secretary to Government.
To
The Commissicner, N.D.,
The Commissioner, C.D.,
The Commissioner, S.D.,
The Inspect or General of Police,
The Collector and District Magistrate, Ratnagiri,
The District Superintendent of Police, Ratnagiri,
The Judicial Department of the Secretariat (with reference to this
Department memorandum No. 3647, dated 10th June, 18g0),
The Government of Portuguese India (by letter),
Her Uritannic Majesty's Vice-Consul at Goa,
The District Magistrate of Belgaum. ANNEXES TO REJOINDER (F NO. 53) 5O7
No. 4139 dated 2 Julylgo.
To The Hon. the Sec. General P.I.
Hon. Sir,
1 am directed to acknowledge the receipt of your letter No. 64 dt.
the 30th of May last bringing to notice an irregularity in the deçpatch
of 15 Policemen with their arms througli the territories of Portuguese
India hy the authorities of Ratnagiri.
2. 1 am to state that these constables were despatched to Belgaum
via Marmagoa by the Dist. Sup. ofPolice without reference to Govt.,
and that as soon as the G. in C. learnt the facts he caused inquiries
to be made, and has since called the attention of the local officers to
the provisio~s of ArticleXVIII of the Treaty of Commerce. 1 am to
express regret at the unintentional omission to obtain permission to
the entry of the armed police, and to convey an expression of the
grateful acknowledgements of His Excy. the G. of B. in C. at the ready
response made by H.E. the G.G. of P. India to the request preferred
by W.M. Vice Consul for a passage.
(Signed)
W. L. W.
NO. 4139A.
Copy to the Vice Consul with the intimation that Govt. hope there
will be no recurrence of such irregularities, but should such happeii,
a report should be made to Govt. by telegraph and a forma1 request
wiIl then be sent by telegram, a course which1scommonly adopted by
the Port. authorities when sending prisoners or reliefs to Daman.
(Signedl
W. L. W.
H. E. the G.
2116
(Signed)
H 2216.508 ANNEXES TO REJOINDER (F NO. 53)
No. 808 of 1890.
From :
F.S. P. Lely, Esquire,
District Magistrate,
Surat.
To :
H. E. M. James, Esquire,
Commissioner, A.D.,
Surat.
zznd September, 1890.
Sir,
With reference to the case which is the subject of Government
ResoIution No. 4138 of 2nd July last in which complaint \vas made
by the Portuguese authorities of the passage of armed British police
through their territoryin violation ofthe provisions of ArticleXVIII
of the treaty of commerce and extradition 1 have the honor to bring
to notice that armed men in the service of the PortugueseGovernment
pass through a portion of Pardi Taluka (British territory) on their
way from Damann to Nagar Haveli and back (both in Portuguese
territory) and the practice does not seem authorized by any of the
ways mentioned in the 3rd paragraph of Article XVIII.
1 have the honor to be,
Sir,
Your most obedient Servant,
F. S.P. LELY,
District Magistrate,Surat.
Js,
(Below Surat Distri Mctgistrate'sNo. 808 dated 22nd SepSember1,890.)
No. 1496 of 1890.
Ahmedabad.
17 October, 18go.
Returned to the District Magistrate with a request that he will -be
so good as tostate the distance traversed in British Territory and if
any practical inconvenience is likely to result.
H. E. M. JAMES,
Comrnissioner.A.D. llNNEXES TO REJOINDER (F NO. 53)
5O9
No. 935 of 1890.
Forwarded to the Superintendent of Police for favour of report.
Surat.
Oct. zoth, 1890.
No. 1847 of 1890.
Surat 7th November 1890.
With reference to the above the undersigned begs to report that the
distance traversed in British territory by the Daman Authorities is
nearly 12 miles: no trouble has as yet been experienced nor does the
undersigned think any trouble is likely to arrive: the undersigned would
however sug'gest that if armed Daman authorities be allowed to pass
through British territory 7eiitlzospecial licence,a similar concession
should be made to armed British troops & Police having occasion to
enter Daman territories.
H. M. GIBBS,
Distt. Superintendent of Police,
Surat.
No. IOOZ of 1890.
Fonvarded to the Commissioner, N.D., with compliments.
Arms Surrenders &c.
(Below Sztrat District Magistrate's No.1002 dated 8th November, 1890.)
No. 1655of r89o.
. Camp Thana.
19th November, 1890.
Fonvarded to Government for information and witli a request that
the Portuguese Government may be addressed with a view to the
unauthorized passage of armed men in the service of that Government
through British territory being stopped.
H. E. h.1J~hres,
Comrnissioner, A.D. ANNEXES TO REJOINDER (F ?;O. 53)
A. POL. 7417.
Memo. from the Cornmissioner, N.D., No. 1655 dated the
19th November, 1890.
Forwarding, for information, a ietter from the District Magistrate
of Surat with its enclosure who brings to notice, with reference to the
case which is the subject of G.R. No. 4138 of the 2nd July last, that
armed men in the service of the Portuguese Govt. pass through a
portion of the Pardi Taluka (British Territory) on their way from
Damam to Nagar Haveli and back @th in Portriguese territory) and
that the practice does not seem authorized by any of the terms mentioned
in the 3rd para. of Art. XVIII. Requesting that the Portuguese Govt.
may be addressed with a view to the unauthorized passage of armed
men in the service of that Govt. through Britisterritorybeing stopped.
Orders.
F.F.G. 26/11.
Submitted.-JVe may invite the remarks ofthe Portuguese authorities
on what appears to bc an irnproper proceeding calling attention to the
recent disarming of the Katnagiri police en route to Belgaum.
2611I . W. L. W.
H.E. the G.
Docketed on 25/11/90. Registered on 26/11/90.
H. 2711r.
No. 7615 of 90.
Pol. Dept.,
B.C.,
8th Decr., 1890.
To The Sec. Gerieral to the Govt. of Port. 1.
Honourahle Sir,
1 am directed to request that you will bring to the notice of H.E.
the G.G. a cornplaint ivhichhas reached this Govt. to the effect that
armed men in the service of the Port. Govt. are in the habitof passing
without forma1 request tlirough a portion of the British Pardi Taluka
of Surat en route from Daman to Nagar Haveli and back again. It
would appear that the provisions of Article XVIII of the Treaty are
thus violated; and sincc this Govt. liasleasnt fro~nyour letter No. 64
d. 30 May go of the importance which your Govt. justly attaches to
our observance of the Treaty I am to request that the G.G. may be
moved to issue orders on the subject, and that you will favour me
with an intimation to that effect.
W. L. if'. ANNEXES TO REJOINDËR (F NO. 53)
POLITICAL DEPARTMENT.
No. 489.
Relative tothe unauthorised Passage through British territory of armed
men in the service of the Portuguese Government.
Dated Nova Goa, zznd December, r8go.
To His Excellency, Lord Harris,
Governor of Bombay.
Most Illustrious & Ext. Sir,
I have perused the letter from the Secretariat of the Bombay
Govemment, addressed on the 8th instant to the Secretary General of
this Government, regarding the passage of troops of Her Imperia1 P;
Royal Majesty in Portuguese territory, and of Portuguese troo~is in
British territory.
rOn so delicate a subject 1 request leave to observe that Portuguese
troops never cross British territory without previous permission, and
that srnall detachments, whenever on the march meet a military post
or any force or British Authority, they halt and only proceed further
after applying for and obtaining fresh permission.
For centuries has this practice been followed, whereby the treaties
have been respected and due deference shown to the British Authorities.
The Portuguese military laws prohibit the entry of troops in a
garrison town or a fortified place, and their passage by any territorial
military division without the permission of the authority in cornmand.
In Portuguese territory in India the free transit of British military
forces and even of large bodies of troops was always permitted, but
never were the officers commanding the sarne wanting in deference
towards the Portuguesc military authorities, & permission was asked
for transit.
Your Exy. is aware that the request for perinission being obligatory
by law to national troops, 1 could not give orders to the contrary with
reference to other troops. 1 have, however, instructed the authorities
under my orders, not to irnpede the passage of British troops whenever
duc notice of their transiis given to the said authorities.
Thus 1 hope yoiir Exy. will allow the continuance of the practice
hitherto followed in regard to the passage of small detachments of
Portuguese troops across British territory. Should Your Exy. however
not allow this, 1 shall order that any detachment should go unarmed;
and with regard to British detachments, 1 shall maintain thearrangc-
ments above referred to, of permitting their free transit through.512 ANNEXES TO REJOINDER (F NO. 53)
Portuguese territory, whenever notice of their passage has been pre-
viously given to the military authorities subordinate to me.
1 avail, etc.
(Signed) V. G. DEL E MENIZES.
Governor General.
(True translation.)
J. C.DA SILVA,
Portuguese Transr. to Govt.
6th January, 1891.
Letter from thego ver no^Generd ofPortzegueseIndia, No. 149 dated the
22nd Decembev, 1890.
Stating, with reference to this Depts. letter No. 7615 of the 8th
instant, tliat Portuguese troops never cross British territory without
previous permission and that wlien small detachments on the march
meet a military post or any forcc or British authority they halt and
proceed further after applying for and obtaining fresh permission.
Making remarks on the subject and observing that the request for
permission being obligatory by law to national troops he could not
give orders to the contrary with reference to other troops; but that
he has instructed the authorities under him not to impede the passage
of British troops whenever due notice of their transit is given. Expressing
a hope that this Govt. will allow the practice hitherto followed in
regard to the passage of small detachments of Portuguese troops across
British territory and adding that should this not be allowed the detach-
ments will go unarmed, and that with regard to British detachments
the arrangement above referred to will be maintained.
Orclers.
F. F. G. 911.
Submitted. G.L. 7615 d. 8th Decr. stated that certain Portuguese
troops were in the habit of paçsing through British territory without
forma1 request. The Govr. Genl. replies that Port. troops never cross
Br. territory. Please see laçt para. ofI-I.E.'letrer.
H.E. 1011.
Docketed on 811.Registered on 8/1/g1.
H.E. the G.G. of P.I.remarkç that sanction to the passage of Port.
troops through Br. territory iç always açked for. The Corner. should be
requested, with ref. to hiç No.1655d. Nov. 19, go, to cal1on Mr. Gibbs,
and Mr. Lely, to give further details asto the occasions of unauthorised ANNEXES TO REJOINDER (F NO. 53) 5I3
passage of armed servants of the Port. Govt. which led to their reference
to Govt.
W. L. W.
H.E. the G.
1211 H.r3/1/91.
Relative ta the ulzaztthorizepassage bhrough British derriforof armd
men in the serviceofthePortugueseGovernment.
No. 448.
Bombay Castle, zjrd January, 1891.
Rfemorandum from the Commissioner, N.D., No. 1655, dated the
19th November, 1890-Forwarding, for information, a letter with
enclosures, from the District hlagistrate of Surat, who brings to notice,
with reference to the case which is the subject of Government
Resolution No. 4138, dated the and July, 1890, that armed men in
the service of the Portuguese Government pass through a portion of
the Pardi Taluka (British territory), on their way from Damaun to
Nagar Haveli and back (both in Portuguese territory), and that the
practice does not seem authorized by any of the ways mentioned in
the third paragraph of Article XVIII. Requesting that the Portuguese
Government may be addressed with a view to the unauthorized passage
of armed men in the service of that Governrnent through British
territory being stopped.
Letter from the Governor-General of Portuguese India, No. 149,
dated the zznd December, 1890-Stating, with reference to this Depart-
ment letter No. 7615, dated the 8th instant, that Portuguese troops
never cross British territory without previous permission, and that
when small detachments on the rnarch meet a hlilitary post or any
force or British authority, they halt and proceed further after applying
for and obtaining fresh permission. Making remarks on the subject,
and observing that the request for permission being obligatory by law
to national troops, he could not give orders to the contrary with
reference to other troops; but tliat he has instructed the authorities
under him not to impede the passage of British troops whenever due
notice of their transit is given. Expressiaghopc that this Government
will allow the practice hitherto followed in regard to the passage of
small detachments of Portuguese troops across British territory; and
adding that should this not be alIowed, the detachments will go
unarmed, and that with regard to British detachments the arrangement
permitting transit through Portuguese territory when due notice is
given will be maintained.
RESOLUTION.-His Excellency the Governor-General- of Portuguese
India remarks that sanction to the passage of Portuguese troops
through British territory is always asked forThe Comrnissioner should ANNEXES TO REJOINDER (F NO. 53)
514
be requested, with reference to his memorandum No. 1655, dated the
19th November, 1890 ,o cal1on Bir. Gibbs and Mr. Lely to give further
details as to the occasions of unauthorised passage of armed servants of
the Portugueçe Government which led to their reference to Government.
W. LEE~VARNER,
Secretary to Government.
To: The Commissioner. N.D.
(Below Goaernmenf Resolution No. 448 dated 23vd january, 18g1-
Political Department.)
No. 201 of 1891.
The accompanying Government Resolution (No. 448 of 23.1.91
Political Department) together with vernacular correspondence ending
with thc Pardi chief constable's No. 27 dated 25.1.91is sent to the
District Police Inspector Bulsar Division for imrnediate' attention.
R. B. Krisnaras Gajanand will personally enquire into this matter
returning al1 the papers sent him. The number of Damaun armed
soldiers or policemen or other Government officials who have passed
between Daman and Nagar Haveli during the last z years should if
possible, be given showing the routes the men travelled by : Ifthese
men passed through Thanna Villages the police & village authorities
of those villages should also bc questioned. fium whom permission
to pass through British limits was obtained, should in each case be
given, whether by the District Magistrate, Divisioiial Magistrate, local
police or Village Patel.
The District Superintendent of Police ofThana being today written
to for leave to question his police and their assistance.
A detail report should be submitted at an as early a daas possible.
(Siggzed ). M. GIBBS,
Parivat. District Suprdt. of Police.
30.1.91.
No. 80 of1891.
Bulsar.
28 February, 1891.
In the matter referred to in the foregoing correspondence, herewith
returned, the undersigned made the necessary inquiry from theRailway
policemen at the Daman station, Police patels, men of the District
police and other perçons of the Pardi.Taluka and those of the Umbargam
Taluka of the Thana District and took down their statements whicli
he respectfully begç to submit herewith as per accompanying list, for
the information of the District Superintendent of Police. It appears APL'NEXES TO REJOINDER (F NO. 53) 9.5
that there are two big roads for going to Dadra. and Naroli Nagarhaveli
from Daman, one passes through the Pardi Villages of Kunta, Chala,
Vapi, Chenod and Dungra, and the other passes through the Umbergam
Taluka Villages of Mohan Jamburi, Iklara, Navali, Walvada, and
Achari. The road passing through Pardi Villages being a metaled one.
The people find it more convenient to paçsby in the rainy season than
the other one; passing through the Thana villages of the Umbergam
Taluka. The road passing through the Thana villages of the Umbergam
Taluka being a short cut the people generally resort to it in the fair
season.
The Portuguese Government have their Thana or Headquarter
Station at Dadra and about 15 or 20 armed men of their troops and
sorne Government officers are stationed there. It appcars from the
enquiry made from the men of the District police police patels and
other perçons of the Pardi and Umbargam Taluka above referred to,
that the men of the troops stationedat Dadra are generally transferred
to Daman sometimes once every month, and at others once in every
two months and the men from Daman go to Dadra in their places.
These men appear to travel through the British territory with their
arms. It does not appear that, in any case permission was obtained
from the District Magistrate, Local police officers or the police patels
for the passing of these armed men through the British Territory.
As no record of the armed men of the Portuguese troops passed
through the different British villages on their way from and to Dadra
has been kept, it isimpossible to find out the exact number of armed
men passed by any of the above-rnentioned roads and the dates of
their passing. However in the inquiry under notice the undersigned
has been able to get some information as detailed be1ow:-
I.It appears from the Statement of 2nd Class Head Constable
Gulam hlisewali of Wapi that 4 armed men had corne to Wapi
from Daman in the last month, escorting a prisoner connected
with a breach of trust case of the Surat city.
z.The Statement of the Railway Policemen serving for a long
tirne at the Daman station herein enclosed show that in the last
month some hard cash was sent to Goa from Daman and the
treasure was escorted to the Railway station by a guard o8 armed
men of the Portuguese troops. These men also Say that the armed
men of the Portuguese troops are in the habit of coming to the
Railway station on business sometimes with thcir muçkets and
bayonets and sometimes with bayonets only.
3. It appears from the statement of Lallow Hari, late police
patei and uncle of the present police patel of the Village of the
waIvada of the Umbargam Taluka that in the last month he had
seen 7 or 8 armed men of the Portuguese troops going frorn Dadra
to Daman in consequence of their transfer to the latter station
by the road passing through the Umbargam Villages.
4. Rama Babaji a police constable at the Mohan Police Station
of the Thana District says that about a.month and a half ago he
had seen two armed men belonging to the Forest Department of
the Portuguese Government passing through the lirnits of the
Village in question on their way from Daman to Dadra.516 ANNEXES TO REJOINDE (R NO. 53)
5.From the Statements of Narawtkha and Mohawji Doolub,
poIice Patels of the respective Pardi Villages of Karwal and Dungra,
it appears that in the last month about the time of the collection
of the 1st instalment of Land Revenue (from IO to 20th January
Iast) they had seen within the limits of Dungra 7or 8 armed men
of the Portuguese Troops who were on their way from Daman to
Dadra.
6.Parohotam Ramchandra, Police patel of Lavachha, states
that the Portuguese Government have their distillery and salt
stores at the Daman Village of Ambli and some men of their troops
are stationed there. These men are transferred to Dadra and the
men at Dadra go in their places to Ambli. In doing this they are
required to pass through the limits of Lavachha. He further states
that about a fortnight ago he had seen 2 or 3 armed men of the
guard going from Dadra to Ambli through the Village.
In the instance given above it does not appear that permission to
pass through the British Territory was obtained from the Village Patel,
local District Police officer or any other authority.
It appears from the men of the Tanna District Police that they have
got no orders to do anything to the armed men of the Portuguese
troops or any other officia1 with arms passing through the British
Territory on duty. If any one of these men found in the British
Territory with arms, doing shikars, theySay that they have got orders,
to take possession of such arms and to send the same to the Taluka
Headquarters. These policemen further Say that sometimes they go to
the Portuguese Villages with their arms but no one does anything to
thern for their doing so; similarly they don't do anything to the servants
of the Portuguese Government corning to the British Villages on duty
with arms. The same appears to be the case with the men of the Surat
police, going with their arms on duty through the Portuguese Villages
of the Daman Territory.
(Signed) KRISNARA GSAJANAND,
District Police Inspector.
No. 442 of 1891.
To District Magistrate Surat.
Surat.
10111 March, 1891.
Sir,
In forwarding the accompanying copy of a report submitted by the
Distr=cr Police Inçpector Bulsar Division calledfor by me under your
No. -M dated 29.1.9 11beg to state that 1 think it clearly shown
I38
armedr Daman officiais do pass through British territory without
obtaining permission to do sofrom any British officerIf the Governor-
General of Portuguese India will kindIy direct his subordinates at ANNEXES TO REJOINDER (F NO. 53) 5I7
Daman to forward either the original permits or their copies granted
their armed men allowing them to pass through British territory, 1
shallbe very glad to make further enquiries. I do not knom of any
passes that have been grantedby any Surat office and from the District
Police InspectorJs report, it seems no passes have been granteby any
of the Thana District officials.
2. From the accompanying report you wiIl see that British armed
men enter and are allowedto go about their business in Daman Territory
without let or hindrance and 1 am respectfully of opinion that the
present arrangements should be allowed to continue; asking for passes
is only likely to facilitate the escape of persons whom the police are after.
1 have, etc.
(Signed) H. M. GIBBS,
District Superintendentof Police.
M
No. 320 of 1891.
Surat Districts,
Camp Pardi.
14 March, 1891.
Copies forwarded to the Commissioner Northern Division with
reference to Govemment Resolution No. 448 of 23rd January last.
The undersigned thinks it will be more convenient if the present
reciprocal understanding be allowed to continue.
F. S. P. LELY,
District Magistrate,
Js. Surat.
--
(Below Surai District Magistrats~'No.320, dnted rqth March, 1891.)
No. 329 of r8g1.
Camp Surat.
18 March, 1891.
Political Department.
Forwürded to Government for information with reference toGovern-
ment KesoIution No. 448, dated 23rd January last.
2. The Commissioner, N.D. concurs with the Superintendent of
Police and District Magistrate that the present arrangement is con-
venient and might be allowed to continue.
J. V. SPENCE,
Cornmissioner, X.D. gx8 ANNEXES TO REJOINDER (F NO. 53)
Letter from the Commissioner ND., No. 329 dubed 18th Murclz, ~891.
Fonvarding copies of a report to its accompaniment received by the
Dist. Magte., Surat, from the Supt. of Police, Surat, regarding the
transit of Portuguese soldiers through British territory; & concurring
, with the Dist. Supt. of Police &. the Dist. Magte. that the present
arrangement is convenient Brmight be allowed to continue.
Last year the Commr. N.D. forwarded with his No. 16j5 dated the
19th November certain correspondence from the Dist. Rlag. & Dist,
Supdt. of Police, Surat,in which it was brought to notice, with refce,
to the case disposed of by G.R. No. 4138 dated the 2nd July, 1890,
that armed men in the service of the Portuguese Govt. pass through
a portion of the PardiTaluka (British territory) on their way from Daman
to Nagar Haveli Brback (both in Portuguese territory) and that the
practice did not seem to be authorized by the provisions of Art.XVIII
of the Portuguese Treaty.
z. 'The matter was accordingly represented to the Portuguese Govt.
with a view to the issue of the necessary orders on the subject.
3. The Govr. Genl. of Portuguese India in reply stated that Por-
tuguese troops never crossed British territory without previous permis-
sion & that when small detachments on the march met a Milty. post
or any British authority they would halt and proceed further after
permission had been obtained. H.E. at the same time statcd that he
had instructed the authorities under him not to impede the passage
of British troops whenever due notice of their transit was given Br
expressed a hope that this Govt. would allow the practice hitherto
followed in regard to the passage of small detachments of Portuguese
troops across British territory.He added that should this not be
allowed the detachments would go unarmed and that with regard to
British detachments the arrangeme-nt permitting transit through British
territory when due notice was given would be maintained.
4. By G.R. Rio.448 dated the 23rd January, 1891,the Commr. N.D.
was requested with reference to his No.1655 dated the 19th Novr., go,
to cal1on the Dist. Mag. & Dist. Supdt. of Police, Surat, to give further
details on the occasion of unauthorized passage of armed servants of
the Portuguese Govt. which led to their refce. to Govt.
5. The Commr. N.D. now forwards (Regr. No. 2002) a memo from
the Dist. Mag., Surat, who submits a letter from the Dist. Supdt. of
Police together with a report froni the Dist. Police Inspecter Bulsar
Divn., giving the information called for. It will be seen from the report
of the Uist. Police Insptr. that thatofficer mentionsG cases in which
it appears that armed men of the Portuguese Govt. passed through
British territory without obtainingpermission from the Village Patel,
local Dist. Police Officer or any other authority,and the Dist. Supdt.
of Police states thatif the Govr. Genl. of Portuguese India will direct
his subordinates at Daman to forward either the original permits or
the copies granted to their armed men allowing them to pass through ANNEXES TO REJOINDER (F NO. 53)
5x9
British territory he will be glad to make further enquiries. It will also
be seen from the report of the Dist. PoIice Insptr. that the Dist. Police
have no orders to prevent armed men of the Portuguese Govt. or any
other officials with arms from passing through British territory on
duty, and that British armed men enter and are allowed to go about
their business in Daman territory without let or hindrance. The Dist.
Supdt. of Police is of opinion that the present arrangements shouId be
allowed to continue as asking for passes is only likely to facilitate the
escape of persons whom the police are after. The Dist. Mag. thinks it
will be more convenient if the present reciprocal understanding is
allowed to continue. The Commr. N.D. concurs with the Dist. Supdt.
of Police Srthe Dist. Mag. that the present arrangement is convenient
and might be allowed to continue.
Submitted for orders.
W. L. W.
26/3/91.
1 fear that the cornplaint was made on insufficient data. We may
now reply that although instances are given of the transit of troops
without permission no inconvenience has been caused & the G. in C.
does not think that the present arrangements need be interfered with
so long as reciprocal treatment is accorded.
W. E. W.
2813.
H.E. the G.
No. 2292 of 9th Aprillg~.
To The Sec. Gen: Port. India.
Hon. Sir,
1am directed by H.E. the G. in C.,in the absence of H.E. on tour,
to report for the information of H.E. the G.G. of P. India the steps
taken by this Govt. on receipt of H.E.'s letter No. 149 of the 22 of
Dec. 1890.
z. In that letter H.E. the G.G. observed that Port. soldiers never
crossed Br. territory without previous permission, and that whenever
they met a Br. authority they applied for fresh permission. H.E. added
that he had instructed the authorities not to impede the passage of
Br. troops whenever due notice of their transit was given to the Port.
authoritieç, & he expressed the hope that this practice would be
allowed to continue. 1 am now to remind you that in my letter NO. 761.5
of the 8th of Dec., go, no cornplaint was made in regard to the action
of the Port. authorities in respect to Br. armed men; nor was it
suggested that permission, wlien applied for in respect to Port. armed
men, would not be accorded in consonance with past practice. In that
letter1 was directed to bring to the notice of your Govt. that the rule
which is laid down in H.E.'s letter149 of the 22 Dec., go, as the in-
variable rule was, according to the reports received from Surat, being
overlooked.59 ANNEXES TO REJOINDER (F NO. 53)
3. Upon the receipt of His Ex.'s letter this Govt. called on the
Surat authorities to explain why they had reported that the rule,
which requires due notice of transit and application for permission to
pass, was not observed. Their reply was received and considered by
H.E. the G. before he proceeded on tour. The Supt. of Police reports
several instances of troops escorting treasure from Daman to the
Railway Station; taking a prisoner to iliapi from Daman; proceeding
through British Villages from Daman to Dadra and back again; or
again going from Ambli to Dadra, without any application or notice
to the local authorities. These instances have doubtless not been
reported to H.E. the G.G.; and ijnder the rule which he has laid down
it would seem that notice of such transits should have been made to
the Dist. Mag. of Surat.
4. At the same time 1 am directed to observe that this Govt. has
no reason to suppose that the parties or persons, who have passed
armed through these strips of Br. territory, have noconducted them-
selves with perfect propriety; and the G. in C. has given orders that,
in the absence of any special reason, they should not be interfered
with. If such movements or transfers can be anticipated doubtless the
Port. authorities on the spot will prevent the risk of any delay or of
any further correspondence by adhering to the rule mentioned in H.E.
letter "that Portuguese troops never crosBr. territory without previous
permission." But as already stated by me the Dist. Mag. at Surat has
been informed that this Govt. does not wish any interference exercised
in the circumstances now reported.
1 have.
W. L. W.
IO
No. - of 1891.
S
No. 33,
To the Secretary to Government,
Political Department,
Bombay.
Most Illustrious and Excellent Sir,
1 placed before His Excellency the Governor General, your letter
NO. 229, of 9th instant, addressed to me, with reference to the subject
of this Government letter No. 149 of zznd December 1890; and His
Excellency directs me to state in reply, that the perusal of the said
letter has once more shown how desirous the Government of Bombay
is to maintain the cordial relations subsisting between that Government
and the Government of Portuguese India, with whoçe views it entirely
coincides.
His Excellency thanks you for the communication with regard to
the circumstances in which the matter is placed, and requests me to
state that on the part of this Government injunctions will be given ANNEXES TO REJOINDER (F NO. 53) 91
for the strictesobservance ofthe provisions of ArticleXVITI of the
Anglo-l'ortuguese Treaty.
God preserve you.
Secrerariat General, 1sMay 1891.
(Signed)J. M. C.TABORDA,
Secretary General.
True Translation.
DA SILVA.
Portuguese Translator to Govt.
7th May 1891 AKNEXES TO REJOINDER (F NO. 54)
Annex F. No. 54
(Natiolzal Archives,New Delhi)
TREATIES OF ALLIANCE AND GUARANTEF E. REIGN DEPT. POL.
CONSULTATIN OON.157 OF NOVEMBE1 R870
No. 57.
No. 71 (Commercial), date& Lisbon, 8th Decernber
1876 (Confidential).
From
R. B. D. Morier, Esq., Her Majesty's Minister at Lisbon,
To
Earl of Derby, Secretary of State for Foreignffairs.
Having thus concluded our review of the proposals, Senor Corvo said
that there was one more point which it was of the gravest importance
to the Portuguese Government to see included in the proposed Treaty.
It had nothing to do with the proposals and it rnight appear to me out
of place ia Commercial Treaty, but itsinsertion or non-insertion, might
make the whole difference in the chances the Government had of passing
the Treaty itself through the Cortes. The point he alluded to was a
renewal of the guarantee of the Portuguese possessions in Indby Great
Britain. He need not remind me that Bombay had originally been ceded
to the British Crown inreturn for this guarantee, andthat Treaty after
Treatyhad renewed it. The Treaty 1 had proposed, if it should eventually
be concluded, would place the Portuguese possessions upon a footing of
intimacy with the British Indian Empire such as they had never yet
been on. They would, in many ways conducive to national prosperity,be
amalgamated with that Empire. He believed from the depths of his heart
that in proposing to do this heas proposing what would turn out to be
of the very highest advantage to those possessions, but it was scarcely
necessary for him to tell me that these views were not lilcely to be shared
by the noisy Chauvinists, who played so important a part in Parliaments,
and Newspapers. He was certain to be abused, attàcked, and thwarted as
having betrayed, or being ready to betray, the jewelsof themost faithful
Crown to perfidious Albion. Now a clause such as he proposed would be
a weapon that would, more than any ofher, enable him to repel these
attacks, and he therefore urged me, inthe tvarmest way he could, to
obtain this from my Government.
1observed that 1would of course, if he wished it, lay the matter before
Your Lordship, but that1 knew there was a strong dislike on the part of
the British public to Treaties of guarantee, and that no Government
wished to do what was sure tobe attacked without a good reason for it.
Now, considering that the Portuguese possessions in India were al1of
thern enclaves in our own territory, the defending them against al1
corners was such an absolute necessity of the situation that a special
Treaty guaranteeing them would undoubtedly appear at first sight as a
work of supererogation. 1 could not however conceive there being an
objection to such a course, except that the proposing it might cause
delays, al!the more so, that the Secretarof State for India was now at
Constantinople. ANNEXES TO REJOINDER (F NO. 54)
523
On His Excellency however assuring me that the concession of this
point might make the whole difference as to whether or not the proposals
could be accepted, 1 said 1 would telegraph it with the other bases. 1
should add my belief that besides the reasons given by Senor Corvo,
which are very weighty, there is also the fear that, without the provision
of guarantee, the TreaJy would appear altogether one-sided, and as
if PortugaI gave al1and Great Britain nothing.
No. 69.
No. 78, Commercial, dated Lisbon, 17th December 1876 (confidential).
From
R. B. D. Moner, Esq., Her Majesty's Minister at Lisbon,
Earl of Derby, Secretary of State for Foreign Affairs.
Snr. Soares replied that he would corne in the course of theday, and
added that he begged me to assure H. M.'s Government that what the
Portuguese Government desired was, not a forma1renewal of guarantees,
but simply a reference to the old Treaties in which England engaged
herself, in return for Bombay and the other great cessions made in the
Treaty of 1661, to defend Portugal and "to take the interestsof Portugal
and al1its dominions at heart". He suggested at the same time that this
might be done in connection with the Article having reference to the
extradition of cnminals, and the police of the frontier,and he proposed
the following as a possible redaction.
,'La force publique se prêtera mutuellement aide des deux côtéspour
réprimer la contrebande, poursuivre les brigands; mais la force armée
d'un pays ne pourra pas entrer dans l'autre sans qu'elle soit dûment
réclaméepar l'autorité compétente pour les buts spécifiésdans ce Traité
ou dans les Traités antérieurs et nominement dans le Traité de 1661."
When Snr. Soares called upon me shortly afterwards he explained the
exact meaning of this Article. The Portuguese Government could not
hide from themselves that the prcposed Treaty would meet with great
opposition on the part of the public. 'l'hey would be accused of selling
the birthrjght of Portugal to the British Crown, and of lending their
hand to the incorporation of the Portuguese possessions into the British
Empire. It would be argued that an intimate union of this kind between
a very large and a very small power must lead to constant encroach-
ments and to a gradua1 exercise of acts of sovereignty on the part of the
larger power which would insensibly pave the way to annexation. To
this the Portuguese Government would have it in their power to reply
that Great Britain did not desire additional territorybut that what she
wanted was the unhindered development of her commerce, and in regard
to India, the removal of al1 obstacles and anomalies in the way of the
economical system which she had there established. Consequently, that
by adopting the economical amalgamation of the Portuguese Colonies
with the system of the British Indian Empire, Portugal, whilst thereby
doing what was undoubtedly of the greatest use for her own colonies,524 ANNEXES TO REJOINDER (F NO. 54)
would be removing al1motives on the part of Great Britain for desiring
the acquisition of those colonies. But it was necessary to have something
in the Treaty itself to appeal to and to point the arguments which might
have to be used in defending the Treaty; and it was this which the pro-
posed Article was intended to furnish. It would, in the first place, show
that the removal of the Customs' frontier would not imply the disap-
pearance of the frontier itself, or the prorniscuous access to Portuguese
territory of British functionaries, as the presence of the armed force of
each contracting party on the territory of the other would in each case
require the previous consent of the competent authority; and in the .
next pIace it would show that Great Britain still maintained her obli-
gation "to assist, defend and protect the subjects of the King of Portugal
in those parts", and that ifthe material intimacy between the two terri-
tories was to begreater than ithad ever been before, the steadfast purpose
to defend the Portuguese territories thus closely bound up with the
British Indian Empire "with England's iitmost power by sea and land
even as England itsclf" was at least as great as it bad ever been before.
1 asked Snr. Soares whether his proposed redaction had the consent
of Snr. Corvo. He said that he had no doubt it woulclreceive it, as it was
in this sense that it had been agreed betiveen them that the Articles
should be drawn up. I replied that if he would let me know this for
certain I would at once telegraph the ipsissima verbato Your Lordship.
Snr. Soares at once went to Snr. Corvo and returned to Say that the
proposed article had his approval. 1 accordingly forwarded to Your
Lordshjp the telegram recorded in my despatch No. 77, Commercial, of
this dayJs date. Annex F.No. 55
(Record ofice, Bombay)
BOMB.FOREIGN PROGS.
23 Dec. 1818
P. 6059.
Read the foiIowing letterfrom the Commission in the Deccan to the
Chief Secy. dated 8 instant :-
From the Commissioner,kas jorwardedthe recordsrelating to the Concaîz
and Gujrat#outhe Eastten yeavs, requeststhat arrangementsmay be made
to receivefhem ut Panwell.
According to requests conveyed in your letter of 2 ult., the records
relating to the Concan and Gujrat for the 1st ten years will leave Poona
tomorrow under the charge of Rajo L. and G. Govind two Karkoons, well
acquainted with the accounts and state of theConcan.
The records are accompanied with lists and consist of652 Dufturs
relating to the Concan and Gujrat and may 1 request that arrangements
rnay be made to r,ceive them at Pànwell.
6 Dec. 1818.
MINUTES
The CollecforNorthern Concanto collectsuch as afipertain tothe territory
under his authority anddeliverthe otherstopersonto besent to bringthem
to theresidencyby theSuperintendentMarine.
Ordered that a copy of the foregoing letter frorn the Commissioner
intimating that he.forwarded to Panwell the recoids of the late Poona
Government, relating to Concan, Gujrat for the last ten years, be trans-
mitted to the Collector in the Northern Concan, with instructions to
take charge ofsuch as may relate to the Territory under his authority
. . .. . . . . , , , . . . . . . . . . .
advised tha; the ~oliector of Northern Concan has been inçtructed to
receive charge of the records at Panwell.
Annex F. No. 56
SHRI 1808j1Sog
narne Gangabai is yroceeding on pilgrimage toShriaDw-arka,accompaniecly
way awithout bîing molested in any way and without any harassrnentn her
for payment of Zakat..Dastak isissued.Sz~lzurTissa Mayatain Dastak r. ANNEXES TO KEJOISDER (F NO: 57)
526
Annex F. No. 57
1913GOVERNMEK OF INDIA,FOREIGNDEPART~IEXIT NTERNAL-U-
PROCEEUINGS SE,PTERIBE R913,Nos. 164-170,KEGARDING EKCISZ
ARRANGEMENTS IN PORTUGUESIE NDIA.PRELIMINAKY NEGO-
TIATIONS TO BE CONDUCTED BY THE GOVERN~IEN OFT
BOMBAY
Pro.NO. 164. NO. K. and S.956, dated the 11th (received 27th) April 1913.
From
F. C. Drake, Esq., Secretary, Revenue and Statistics Deyartment,
To
Lieutenant-Colonel SirA. H. &Tc3Iahon,G.C.V.O., K.C.I.E., L.S.I.,
Secretary to the Government of India in the Foreign Uepartment.
With reference to the I'iceroy's telegram of 11th Iharch, 1 forward,
for information, copy
To Foreign Office, R. and S. 956, dated of the pnper notcd
3rd April 1913. the mar"in on the sub-
ject of excise arrangements in Portuguese India.
EncloPro. REVENUE.
No.164.
K. & S. 956. 3rd April 19x3.
Sir,
With rcference to the correspondence ending with your ietter of the
4th Alarch, on the subject of the sale of spirits in Portuguese India
and the supply of molasses for use in those territories, 1 am directed
by the Secretary of State for India in Council to inform pou that he
has now received the views of the Govemment of India on the sug-
gestion that the prohibition of the export of jagri or molasses to Por-
tuguese territory should be reIaxed pending consideration of the
proposals relating to the regulation of manufacture of spirits in Daman
and Nagar Avcly. A copy of their telegram* is enclosed. The Govern-
ment of Bombay, it will be seen, are unable to suggest any ineasures
that would guard effectively against an abusc ofany such concession,
and they understand that the quantity of distilling materials rtlready
accurnulated in Nagar Avcly is considerable, though the facts are not
accurately knourn; for these and other reasons thcy are unnble to
recommend any relaxation of the prohibition. They point out that
the proposals contained in your letter of tlic 11th January last, Ko.
5jz4o-12, are such as to make it probable that the negotiations will
take a considerable time to complete.
1 am to suggest, for Sir Edward Grey's consideration, that the
Portuguese Goverriment should be informed that, as thc result of
prcliminary examination of the proposals in India, it appears thnt
the points suggcsted will require careful discussion and that some
time must in any case elapse before a definite settlernent could be
arrived ittIn order to facjiitate such a settlement, andto avoid pro-
longed correspondence with India, it seems highly desirable that the
local Portuguesc authorities should be apprised of the views of the ANNEXES TO REJOINDER (F NO. 57) 527
Government of Portugal regarding the excise arrangements iri the
territories in question and should be instructed to comrnunicate direct
with the British authoritiein India with the object of concluding an
arrangement, whicli could, if so desired, be subsequently taken as the
basis of an agreement between His hlajesty's Government and the
Governrnent of Portugal.
As regards the suggestion that while negotiations are in progress
the prohibition of the exyort of molasses from British India to Nagar
hvely shouId be-relased, to the extent of permitting the export of the
amount of molasses actually required for. local consumption, 1 am to
request that the Portiiguese Governmentrnay beinformed that pending
the result of examination of the whole question by the local aiithorities,
as suggested above, the Government of India have expressed their
inability to adopta measure which they consider would yrove detri-
mental to their excise administrationThe hfarquess of Crew concurs
in this view.
Ihave the honour to be,
Sis,
Yoiir obedient servant,
-- T. W. HOLDERNESS.
ENDORSEJIEN TROM THE DEPARTMEN OF COMMERC AND INDUSTRY,
No. 3550-31 ,ATED SIMLA, THE 5th (RECE~VED 7th) MAY1913
Copy forwarded to the Foreign Department, for information, in
continiiation of the communication from this Department No. 1858-31*,
dated the 11th hlarch 1913.
Xo. 3jqg-31, dated Simla, the 5th (received 7th) Alay1913.
From
H. A. F. Lindsay, Esq., Under-Secretary to the Government of India
in the Foreign Department,
To
The Chief Secretary to the Government of Bombay, Revenue
Ilcpartment.
Telegram from the Secretary In continuation of the cor-
of State, dated5th Narch 1913. respondence ending with your
Telegrarn to the Secretary of telegram No. 2164, dated the
State, No. zoz-Camp, dated the 6th Marc11 1913, 1 am directed
11th XIarch 1913. to forward for information a copy
Letter from the India Offtce, of the liapers specified in the
No. K. and S. 956 dsted the margin on the subject of excise
11tli April1913, and enclosures. arrangements in Portuguese
India.
OFFICE ~~E~IOKANDULI NO. 1363, AND RECEIVED DATED THE 1 1 ~JULY
1913,FROnI THE ASSISTAN TRIVATESECRETARY TO THE VICEROY
Transferred to the Secretary to the Government of India in the
Foreign Department. AXKEXES TO REJOINDER (F NO. 57)
528
(Translation.)
To
Enclo.2. pro. His Excellency Lord Hardinge, Viceroy and Governor-General of
NO. 166. British India.
Most Excellent Sir,
My Government has just informed me that the negotiations opened
in London, in order to determine by means of a convention matter
of reciprocal interest concerning the Portuguese territoriesof Damao
and Nagar-Avely and the adjoining British Indian territories, were
broken offiilview of the wish of Your Excellency's Government that
they might be discussed and considered by the British Indian and
Portuguese Indian authorities conjointly, as urascommunicated to the
Portuguese Legation inthat city by Sir Edward Grey in his letter of
the 7th April last.
With this object 1 was authorised by a telegram (dated)the 4th June
last to come to an understanding with Your Excellency in this respect
in order to be able to arrive at an agreement which would serve as a
basis for a convention between the Governments of His Britannic
Majesty and the Portuguese Kepublic.
1 have the honour, therefore, to beg that, Your Excellency will
kindly inform me whether you desire that the preliminary negotiations
of this agreement may be commenced, as,if you agree, 1 shall have
much pleasure to nominate the officers delegated by this Government
for the purpose, th$ they may consider the question of where and
how they may proceed most conveniently for the two interested parties.
Health and Fraternity,
Francisco Manoel Conceiro DA COSTA.
Kesidence of the Governor-General,
Nova Goa,
4th July 1913.
No. 1850-1. B., dated Simla, the 31st July1913.
From
pro.NO.167 H. Wilkinson, Esq., Deputy Secretary to the Government of India
in the Foreign Department,
To
The Secretary-General to the Government of Portuguese India,
Nova Goa.
1 am directed to acknowledge the receipt of the letter from His .
Excellency the Governor-General of Portuguese India to the address
of His Excellency the Viceroy No. 99, dated the 4th July 1913, relative
to excise arrangements in Daman and Nagar Avely and the adjoining
British Indian districts, and to intirnate that the matter is under the
consideration of the Government of India and that a further communi-
cation on the subject will be made to you in due course. ANNEXES TO REJOIXDER (F NO. 57)
No, 1851-1.8.
A copy of the foregoing letter, together with a copy of the letter
to which it is a reply, is forwarded to the Dcpartment of Commerce
and Industry for information and further necessary action.
Llated Simla, the26th August 1913
Fr0m Pro.No. 68.
His Excelleiicy the Viceroy and Governor-General of India,
To
His Excellency the Governor-General of Portuguese Tndia,
Nova Goa.
In reply to your letter No. gg, dated the 5th July 1913, on the
subject of excise arrangements in Daman and Nagar .4vely and the
adjoining British lndian districts, have the honour to intirnate that
the Government of India consider that a settlement of the question
is likelyto be facilitated if the preliminary negotiatioare coiiducted
by the Government of Bombay, who with their greater knowledge of
local conditions would be i11a position to settle many disputed points
without entering into communication with the Government of India.
If, on the other hand, the negotiations were conducted by the Govern-
ment of India frequent references to the Government of Bombay
would be necessary, and delüy would result. His Escellency the
Governor ofBombay iç accordingly heing requeçted to open negotiations
with you and 1 trust that thiç course will commend itself to Your
Escellency.
Accept the assurance of my highest consideration.
-
A copy of the foregoing letter is forwarded to the Department of
Commerce and Industry for information and further necessary action,
in continuation of the endossement from the Foreign Department
No. 1851-I.B,dated the 31st July 1913.
ENDORSEMEN TROM THE DEPARTMEN OFT COMMERC END INDUSTRY ,roNo 169.
NO. 7181-31 EXCISE, ».4TED THE 2nd (RECEIVED 4th) SEPTEMRER 1913
Copy forwarded to the Foreign Department, for information, with
reference ta the correspondence ending with the communication from
that Department No. 2055-I.B, dated the 26th August 1913. AKZTEXES TO REJOINDEK (F NO. 57)
5j0
No. 7180-31 d,ted Simla, the 2nd Septernher 1qr3.
EncloPro.From
No. 169.
J. F. Gruning, Esq., Officiating Secretary to the Government of
India, Department of Commerce and Industry,
To
The Chief Secretary to the Government of Bombay, Revenue
Department.
In continuation of the corsesnondence ending \vit11the letter from
this ~epgrtment No. 3j4g-31,
1. Letter from His Excellency
thc Goverilor-General of Portu- dated the jth blay rg13, am
Pese India '0 Hi' Excel'enc~ directed to forward, for infor-
the vicero~. 99, d.ited the rnatioii.a ,-Opy of thc papers
4th july1913. specified in the rnargin on the
subject of excise arrangements
z. Letter fromRisExcellency the in uarnan and N~~~~ ~ ~ ~ i ~ .
Viceroy and Governor-Gcneral to
His Excellency the Govesnor-
General of Portuguese India,
dated the 26th August 1913.
2. 1 am to request that Hiç Exceflency the Governor of Uombay
mny now be moved to open negotiations with His Excellencÿ the
Governor-General of Portuguese Indiri in view to n settlement of the
matter. --
Pro.No 170.OFFICE :~E~~ORASUUM NO. 1812, UATET) THE 10th (RECEIVEL) 11th)
SEPTEXBER 1913, FROX THE ASSISTASTPRIVATESECRETARY TO
THE VICEROY
Transfcrred to the Secretary to the Governmeiit of India in the
Foreign Department.
A Sua Exa. O Vice-Kei e
Govcrnador Geral da India Britanica.
Esmo. Snr.
Pro.No. 170. Acusando a. recepcao do otïicio de 26 do mcz findo, tenho ri honra
de participar a V. Exa. que este Governo concorda com o alvitre
yroposto, aguardündo porisso receber do Governu da Presidcncia de
Bombaiin a. communcacao sobre a ;tssunto,a que V. Exa. se refere.
Saude e Praternidade,
1;rancisco Manoel ConceiroDA COSTA,
O Governador Gcrat.
Residencia do Governo Geral, em Nova Goa,
z de Setembro de 1913.
(Translation)
Enclo.2. With reference to Your Excellency's official Letter dated the 26th
pro. No,170.August 1913, I have the honour to inform Your Excellency that rny
Government agrees in the proposed procedure, and 1 hope therefore
to receive from the Government of Bombay the communication on
the subject to which Your Excellency refers. r\KKEXES TO REJOINDER (F NO. 57) 53I
India Office, Rcgister Xo. K &S 2923,
Revenue and Statistics. 25th July, 1914.
It is assumed that discussion of this matter has becn proceeding
between the Goveriirnent of Bombay and the Government of Portuguese
India. Evidcntly they have not got far; which is not surprising, as
tl-iis liquor manufacture seems to be the principal industry of Nagar-
Avely, in the same wsy 3s the opium industry is a lertding industry
in Macao. Tt will be remembered that Nagar-Avely, the largest of the
Portuguese territoriesis an enclave in British- or Native State territory,
and that the prohibition of export of iiquor making materials from
British Tndia therefore kits this territoryspecially hard. Therefore
the Government of Bombay have the Government of Portuguese India
more or less ai their mercy, andmay not be willing to surrender their
present strong position,hy which thev mal well liope to put an end
to tliis long controversy about liquorsrnuggling.
The only consideration on the other side is that the F.O. may riot
be wiHing that the Portuguese Governinent be subjected to too great
pressure. Ttmust, however he noted thnt Fiitherto the F.O. have not
shown any signs of such an opinion.
Dntc Initials
Under Secretsry 2717 F.C.D.
Secrctary of State Cornmittee 2717 I.W.H.
Under Secretary 2917 F.C.D.
Secretary of State Council . 3017 I.W.H.
Approved by K & S Committee.
This preceded the telegram from the Secretary of Strtte tthe Govt.
of India dated 31st July 1914, copy of which is cnclosed.
No. 6466-6467-220, dated the 29th Jiily1gx4.
ENDORSEMEN BY THE DEPARTMEN TF COMMERC ES[)INUUSTRY Pro.NO.47.
Copy of the following with a copy of the letter €rom the Government
ofBombay No. 6699,dated the 20th July 1914 and enclosure, fonvarded
to the Foreign and Poiitical Department for informxtion, in continuation
of the correspondence ending with the cornmiinication from this
Department No. 7181-3 1ated the and September 1913. 532 ANSEXES TO KEJOISDER (F 90. 57)
Telegram No. 646j-220, dated Simla the 29th Jul~ 1914.
From
Pro.No.47. His Excellency the Viceroy, Department of commerce and Industry,
-n-
His Majesty's Secretary of State for India, London.
l'lease refer to correspondence ending with Despatch from Goverri-
ment of India, No. 3-Excise, dated the 23rd Jan. 1913. Prohibition
of export to Portuguese possessions in Inclia of bases for distillatioii
of country spirit.
Exportation of mhown flowers was prohibited with coiîseiit of
Secretary of State for India and our subsequent prohibitions of jagri
and molasses & were reported to Your Lordship for apyroval. Govern-
ment of Bombay now report desirability, for similar reasons, of prohi-
biting, as soon as possible, exportation of refined sugar to Nagar Avely.
We concur, but inview of policy indicated by penultimate parngraph
of Foreign Office letter No. 52991, dated the 17th December 1913,
forming second ertclosure to Your Lordship's Confidential Despatch
No. 42-Revenue, dated the 27th February 1914, regarding silver
sinuggling into British India, we solicit Your Lordship's approval
before notifying prohibition of exportation of refined sugar.
No. 6699, dated Bombay Castle, the 20th July, 1914.
From
Sub-Enctoto The Honourable IIr. G. S.Curtis,C.S.I.,I.C.S., Acting Chief Secretary
''O.No.47. to the Government of Bombay, Kevenue Department,
To
The Secretary to the Government of India, Department of Commerce
and Industry.
1 am directed to refer to the correspondence ending with the letter
from the Government of lndia in the Department of Commerce and
Industry, No. 9545-212, dated 4th January 1913 prohibiting the export
of molasses, whereever manufactured, from British India into the
Portuguese possession of Nagar Aveiy.
2. The Portuguese have now taken to refined sugai as a base for
the distilation of country spirit. Large quantities of refined sugar are
being exported from Bombay for this purpose, and stored in the
distillery at Dadra and also at Silvassa. The Governor in Council
considers that, unless immediate steps are taken, the result of the
measures already adopted will be nullified. 1 am accordinglv directed
to submit a draft notification under sectionrg of the Sea Customs Act,
1878, and to request that the Governrnent of India rnay be moved
to issue it as early as possible.
3. I am to observe, with reference to the correspondence ending
with the letter from the Govemment of India, No. 7180-31, dated
2nd September 1913, that the Portuguese Government has already
been addressed by the Bombay Government on the subject of Excise
arrangements in Daman and Nagar Avely, but the final reply of the
authorities at Goa has not yet been received. As the settlement of the negotiations between the Bombay Government and the Government
of Portuguese India will take a considerable time, the Governor in
Council does not consider it expedient to postpone thé measure now
yropoçed until the negotiations under co~isideration take a practical
shape.As usual, the Portuguese Government will be informed of the
issue of the notification now subrnitted.
In exeicise of the powers conferrhy section19 of the Sea Customs
Act, 1,578 (VIII of ISTS), the Governor-General in Councilispleased
to prohibit tlie taking of refined sugar, wherevcr manufacturedfrom
any part of British India into that Portion of the Indian possessions
of the Government of Portugal \\.hich is known as the Pargana of
Nagar Avely.
TELEGRAM ,ated London, the SIS~July 1914
From
The Secretriry of State for Iridia, London
To
The Viceroy Foreign and Political Department
Your telegram datcd the 11th Narch. Nagar Avely. Portuguese
Government represent hardship and loss of revenue anticipated owing
to imminent failure of supplies rawaterials for manufacture of liquor,
and ask that negotiations should be accelerated, prohibition to export
raw materials being mcantime removed on reasonable terms, which they
do not specify. Foreign Office ask for early reply. Please telegraph
state of negotiations and what are your views as to proposa1 for con-
ditional removal of prohibition. Pending your reply,I shall take no
action on your telegram of the 29th of July.
No. 6983, dated 1st August 1931
ENDORSEU BY THE DEPARTMEN TF COMRIERC AKI) IXDUSTRY
Telegram frorn the Secy. of ,4 copy, with a copy of the
State, dated the31st July, 1914. papers specified in the rnargin, is
Telegram to the Govt. ofBom- forwarded to the Foreign and
Political Department in conti-
bay, dt. 1st Aug., 1914. nuation of the communication
Telegram from the Govt. of from this Department No. G46b-
Bombay No. IgZ-P,dt. 4thA%., 6467-220 dated the 29th July
1914- 1914.
With a copy of notes.
TELEGHA Mo. 6953, dated Simla, the 7th August1914.
From
His Excellency the Viceroy (Department of Commerce and Industry),
To
His Majesty's Secretary of Statefor India, London.
Your telegram dated the 31st July 1914. Prohibition of exportationof distiriing materials to Nagar Avely. Government of Bombay wire
as follows. Begins: On 12th November last, Governor-General of
Portuguese India was informed of name of officer selected by Govern-
ment of Bombay to meet Portugueçe India representative to discuss
terms and draft convention, discussion being confined to Excise question
onIy. On the 26th December last, Governor-General, Portuguesc Indin,
replied proposing discussion should be extendedto al1yending questions
of reciprocal interest.On the 25th February last, Governmerit of
Rombay replied dissenting from vie-. that there werc any pending
questions, other than Excise, requiring settlement and reiterating dis-
cussion should be confined to Excise question. To this Governor-
Gcnerai of Portuguese India has not replied and discussion of Excise
question, thcrcfore, hns not begun. Governor of Bombay in Council
wholly unrtble agree to conditional withdrawal of prohibition. Ends.
We concur in view of the Local Government and ask for sanction to
proposals for cxtension of prohibitions to refined sugar as proposed
in our telegrain dnted the 29th July, unleçç intcrnational considerations
render such a course inexpedient at present.
TF:I,BGKA ~iated Simla, the 1st Auguçt 1914.
From
The Secretary to the Governmcnt of India, Department of Commerce
and Industry,
To
The Chief Secretary to the Government of Bombay.
Please refer to correspondence ending with your letter So. 6699
dated 20th July. Proliosal made in that letter regarding prohibition
of enport of refined sugar to Xagar Avely having been referred to
Secretary of State for approval on the 29th July, Wis Lordskip cables
as follows. Begins:-"Portuguese Government represent hardship and
loss of revenue anticipated owing to imminent failurc of supplies raw
materials for manufacture of liquor and ask that negotiations should
be accelerated, prohibition to evyort raw materials being meantiine
removed on reasonable terms, hvhich they do not specify. Foreign
Office ask for early replp. Please telegraph state of negotiations and
what are your views as to proposa1 for conditional removal of yrohi-
bition. Perlding your reply, 1 shall take no action on your telegram
of the zgth July." Ends. Please telegraph state of negotiations and
views of Rombay Government on Portuguese proposa1 for conditional
removal of prohibitions.
TEI.EGKAL IO. 192-P, dated Bombay, the 4th August, 1914.
From
The Secrctary to the Gorernrnent of Bombay, Revenue Deprirtment,
Bombay,
To
The Secretary to the Governrnent of India, Department of Commerce
and Industry, Simla.
Your telcgram 2j8. On the 12th November 1913, Governor General,
Portuguese India, waç informed of name of officer selected by Rombay AXSEXES TO REJOISDER (F NO. 57) .533
Governrnent to meet Portuguese India representative to discuss terms
and draft conventiori, discussion being confined to Excise arrangements
only. On the 26th December 1913,Governor-General, Portuguese India,
replied proposing discussion should cxtend to al1 pending questions
of reciyrocal intcrest.the 24th February 1914 ,ombay Government
replied dissenting from view that there were any pending questions,
other than Excise, requiring settlement and reiteratingcliscussion
should be confined to Excise question. To this, Goverrior-Gencral
Portuguese India, has not rcplied and discussion of Excise question,
therefore,hss not begun. Governor in Council wholly unabie agree to
conditioiial removal of prohibitions.
No. 14355 ,ated the 4thDecernber 1914.
A copy of the following, with a copy of the telegram from the Govern-
ment of Bombay No. 11757,datedthe 27th November 1914 ic,forwarded
to the Foreign and Political Departmcnt for i~iformation, in continuation
of the communication from this Ilepartment, No. 6983, dated the
7th August 1914.
TELEGRA NMo.14330 ,ated Simla, the 4th Dec1914.
From Enclo to
Hiç Excellency the Viceroy (Department of Commerce and Industry)''O.No.
T o
His Jlajesty's Secretary of State for India, Loiidon.
Please refer to correspondence enùing with our telegram, dated
7th August last. Excise arrangements in Nagar Avely. Government of
Bornbay have telegraplicd to following effect:-EeginsDiscussion of
Excise question not begun as the Government of Portuguese India
reply to Government of Bombay lettcr of 24th February last not
received. In the meantirne, Portugucse authorities in Nagnr Avely are
arraiiging with cultivators of adjoining British territory and Uharnmpu;
Strite to purchase al1 their sugarcane and sugarcane juice and intend
to prepare jagri for manufacturing liquor. Governlnent of Bombay
strongly recommend prohibition under Indian Sea.Custorns Act of
exportation of thcse materials to Nagar Avcly. Matter is urgent, and
very early action recluired on this proposa1 and also that regarding
prohibition of refined sugar recommended my letter, dated 20th July
last. Ends.We should be gladto be informed whether there is nny
objection to action being takcn as recomrnended by Local Government.
TELEGRA MO. 11757 dated Bombay, the 27th November, 1914.
From
The Secretary to the Government of Bombay, Revenue Department,
Bombay,
To
The Secretary to the Government ofIndia, Department of Commerce
a~id Industry, Simla.
Reference my telegram No. 192-9,dated 4thAugust last. Discussion ANNEXES TO REJOINDER (F NO. 57)
536
of Excise question not begun, as Portuguese Govern~nent reply to
Bombay Governrnent letter of 24th February last not received. Mean-
while, Portuguese authorities of Nagar Avely are arranging with
cultivatorsof adjoining British territory and Uharampur State to
purchase al1 their sugarcane and sugarcane juice and intend preparing
jagri for distilling liquor. Bombay Government strongly recommend
prohibition underSes Customs Act, of these materials to Nagar Avely.
Matter urgent and very early action required on this proposal and
also that regarding prohibitionof refined sugar recommended in my
letterNo. 6699, dated 20th July last.
Pro.No. 51NO. 311-220, UATEI) S'IMI,A,THE 13th JANUAKY IgIj ENDORSED BY
DEPARTMEN OF COM~IERC AXED INDUSTRY
Telegram from the Secy. of Copy of the marginally noted
State for India, dated the 6th papers is forwarded to theForeign
January 191j. aiid Political Department in con-
tinuation of the communication
to the GOvernrnent from this Department,No. 14355.
O* Bombay' No' 171-'v dated 'dated the 4th December 1914.
the 7th Jan., 1915.
*Pro. No. 50.
TELEGRAM P., dated London, the 6th (received 7th) January1915.
From
The Secretary of State for India,
To
The Viceroy (Foreign aiid Political Department).
Excise arrangements in Nagar Avely. Representations are being laid
before the Portuguese Government by the Foreign Office,wita request
for an earIy reply, pending the receipt of which Secretary of State
for Foreign Affairs requests that action regarding prohibiofrefined
sugar to Nagar Avely should be deferred. This is with reference to
yoiir telegram of the 4th ultimo.
TELEGRA NMO.171-W., dated Delhi, the 7th January,1915.
From
The Secretary to the Government of India, Department of Commerce
and ~ndustry,
To
The Chief Secretary to the Government of Rombay.
The Secretary of State wires ris follows. Begins. Please refer to your
telegram of the 4th ultimo on the subject of Excise arrangements in
Nagar Avely. The Foreign Office are layingrepresentations befofe the
Portuguese Government for an early reply and until the receipt of
which, it is requested by the Secretary of State for Foreign Affairs
that action in respect of the prohibitionof refined sugar to Nagar
Aveiy should be deferred. ANNEXES TO REJOINDER (F NO. 57) 537
NO. 3309-101,
GOVERNMEN OFT INDIA
DEPARTMEN OTCOMMERC AND INDUSTRY
(EXCISE)
Simla, the 26th March 1915.
TELEGRAM
From
The Secretary to the Government ofIndia, Ilepartment of Commerce
and Industrv . . . . . . . . . . . . . . . . ... . . Simla,
To
Chief Secretary to the Government of Bombay . . . . Bombay.
Please refer to correspondence ending with this Department's tele-
gram 171-W., 7th January, regarding Excise arrangements Nagar-
Avely. Secretary of State cables that His 3fajesty's Minister at Lisbon
is intormed that the Government of Portugal before replying to repre-
sentations of His Majesty's Government is awaiting reply from Goa,
and that instructions have been given to the Portuguese Consul at
Bombay to confer with authorities at Goa on the subject.
A copy, with a copy of the telegram from His Majesty's Secretary
of State for India, No. 491, dated the24th March 1915 is forwarded
to the Foreign and Political Department for information, in continuation
of the communication from this Department No. 311-20, dated the
13th January 1915.
By order, etc.,
(Signed)Illegible.
Under Secretary to the Govt. of India.
From
Secretary of State
To
Viceroy (Foreign and Political Department).
Dated 24th March 1915.
Receivcd 25th hlarch 191.5.
Excise Nagar Avely. Please refer to my telegram of January 6th.
Wis Majesty's Minister at Lisbon is informed that theGovernment of
Portugal before replying to representations is awaiting refrom Goa, ASXEXES TO REJOINDER (F XO. 57)
j38
and that instructions have been given to the Portuguese Consul at
Bombay to confer with authorities at Goa.
True Copy.
(Signed) Illegible.
Superintendent,
Department of Commerce and Industry.
.
Simla, the 16th July 1918.
From
P. C. Tallents, Esquire. I.C.S.,
Offg: under secretâry to the Government of India,
To
1he Secretary to the Government of Bombay, Revsnue Department.
Sir,
1 am directed to refer to the correspondence ending with your letter
No. 1521199-Confl., dated the 14th February 1918, on the subject of
the regulation of the sale of spirits in the Portuguese pesscssions of
Daman and Nagar-Avely and the transit of salt and certain other
commodities between them. You forward a revised statement of bases
of convention ivliich has been prcpared by the Portuguese Governinent
for discussion between the representatives of the British and the Portu-
guese Governmentç, with an expression of the views of the local Govern-
rne~itand ask for the approval of the Government of India to the conduct
of the yroposed negotiations with the Portuguese representatives.
2. In repIy,1 am to Say that the Government of India agree generally
in the views of the Local Govcrnment subject to the following remarks
and. approve the action proposed by them in regard to the conduct
of the negotiations.
3. In paragraph 4 of the letter under reply, the Local Governinent
state that while they are opposed to the free transit of a large number
of commodities between Daman and Nagar-Avely, they are willing to
agree to the concession in respect of a limited quantity of salt and rice
between the two possessions. In this connection, 1 am to invite a refer-
ence to the correspondence ending with the letter No. 3j71-Ex., dated
the 8th July 1910 ,rom the Government of India in theFinance Uepart-
ment, and to Say that the Government of India see no reasons for
departing from the policy then suggested by the Local Government and
approved by them. Clause 13 as well as 14 of the proposed convention
should, therefore, in their opinion, be rejected in toto. 4. As regards paragraph jof your letter am to Say that the Govern-
ment of Indiri consider it inadvisable to introduce into the discussion
exiraneous matters such as the levy by the Portuguese Government
of an effective and adequate duty on silver imported into their territories.
They accordingly ask that this subject should be omitted from the
negotiations.
1 have the honour to be, Sir,
Your most obedient servant,
P. C. TALLENTS,
Offg: under secretnry to the Govt. of Iiidia.
* No. 6599.
A copy, with a copy of the letter replicd to, is forwarded to thc
Foreign and Political Ueprirtmerit, in contiiiuation of the endorsement
from this Department No. 3117-101 dated the zGth lfarch 1915.
With a copy of the notes. Uy order, etc.,
(Signeil)illegible.
for Offg. Under Secretary to the Govt. of Tndia.
PROCEEDIFGS OF THE
DEPARTMENT OF COMMERC ESU INLIUSTRY J,LY 191s
iVcgotiatio~zvitk thePortug~test're+resontativesfovegz~latinthesale
of spiriin fitPortugllesefiassessioO/ Daman and .iTngur-Aûely.
QUESTION OF THE REGULATION OF THE SALE OF SPIRITS IN THE PORTU-
GUESE I'OÇÇESSIONÇOF DANAK AND NAGAR-AVEL AWI) THE TRANSIT
01:SALT AXn CERTAIN OTHER COIIXTOUITIES BETWEEN THEM
REVISED STATESIEKT 01: BASES OF COTVENTION PREPARED BY THE
PORTUGUEÇE GOVERK~IEN FTR I>ISCUSSIOPI BETWEEN THE REPREÇEN-
TATIVES OF THE BRITISH ANI> THE PORTUGUESE GOVERK~IENTS
l'elegrain P., Xo. 491, dated London, the 24th Mrirch 1915.
From Pro. NO. 7.
His A.I.lnjestyisSecretary of State for India,
To
His Excellency the Viceroy (Foreign and Political Ilcpartment).
Excise Nagar-Avely. Ylease reîer to my telegram of January 6th.
His nilajesty's Minister at Liçbon is inforrned that the Government of
Portugal, before replying to reprcsentations, is awaiting reply from Goa,
and that instructions have been given to the Portuguese Consul at
Bombay to confer with authorities at Goa. 54O AKNEXES TO REJOINDER (F NO. 57)
Telegram No. 3309-101, dated Simla, the 26th March 1915.
From
The Secretary to the Government of India,
Department of Commerce and Industry,
To
The Chief Secretary to the Government of Bombay.
PIease refer to correspondence ending with this Department'stele-
gram 171-W., 7th January, regarding excise arrangements Nagar-Avely.
Secretary of State cables that His Majesty'ç Ninister at Lisbon is in-
formed that the Government of Portugal, before replying to represent:i-
tions of His Majesty's Government, iç awaiting reply from Goa., and
that instructions havebeen given to the Portuguese Consul at Bombay
to confer urith authorities at Goa on the subject.
ENDORSEU BY THE DEPARTME N TCOMMERC END INDUSTRY
A copy, with a copy of the telegrani from His hlajesty's Secretary
of State for India,No. 491, dated the 24th March 1915 ,s forwarded
to the Foreign and Political Department for information, in continuation
of the communication from this Department No. 311-20 ,ated 13th
January 1915.
No. No. 1j21-99 Coilfd1.-dated Bombay Castle, the 14th February 1918.
From
J.L. Rieu, Esq., ICS., Secretary to the Govt. of Bombay, Revenue
Department,
To
The Secretary to the Government ofIndia, nepartment of Commerce
and Industry.
1 am directed to refer to the correspondence ending witthe letter
frorn the Government of India No. 7180-31, dated the znd September
1913, on the subject of the propoçals for regulating the sale of spirits
inthe Portuguese territoriof Daman and Nagar-hvely and the transit
of salt between them, and to make the following observations.
2. The original proposals of the Portuguese Government for the
settlement of certain questions which they regarded as out standing
between themselves and the British Government are contained in the
bases of Convention accompanying the letter from the Director General
of the Portuguese Colonial Office, dated the 2nd Decemb1912 ,hich
formed an enclosure to thetter from the Government of India XoC-68,
datedthe 11thFebruary 1913 .evised proposals have since been received
by this Governrnent from the Consul General for Portugal at Bombay.
These are contained in a fresh statement of bases of ConventioCO~J:
of which is herewith sent. The Consul General has subsequentlycon-
sented to the omission of clause12 of the Convention, relating to the
grarit of permission for the export of salt from the salt works ln Daman to any place in British India or any Native State, in Deference to the
expressed disinclination of thiç Government to enter into any discussion
of a condition which, in their opinion, is likely to prove prejudicial to
the imperial salt revenue.
3. Clausc 1 of. the original proposals contemplated the substitution
for the existing outstills of two distilleries, one at Daman and the other
at Villa Paco d'drcos or Silvassa, in the Nagar-AveIy. According to
their prescnt revised proposals the Portuguese Governrnent would
establish three distilleries in places of these outstill nameIy, one in the
Pargana of Daman, and the other two in the Pargana of Nagar-Avely.
Prima facie, considering the limited area affected and the short distance
between Uarnan and Nagar-Avely, a single distillery to be located in
Daman should prove sugcient. ils, however, the Portuguese Govern-
ment might reasonably argue that the establishment of a distillery in
Nagar-AveIy would render it easier to check and cornpete ivith illicit
production, the Bombay Government are prepared to allow a distillery
in Nagar-Avely as well as one in Daman. In that case, however, the
free transit of country spirit between the two areas should not 6e per-
mitted, as each area could be supplied from its own distillery.
4. Clause 13 of the revised statement stipulates the duty-free passage
of a large number of commodities between Uarnan and Nagar-Avely;
but the Bombay Government are not prepared to acquiesce in any
such comprehensive concession as tliis. The utmost ~vhich they would
be ready ta concede is the grant of free transit in respect to a limited
quantity of salt from Daman to Nagar-Avely and to a Iimited quantity
of rice and other grain from Nagar-Avely to Daman the quantity in
each case to be deterrnined on a consideration of the estimated needs
of the population of the tract concerned. Clause 14 cannot be accepted
in any form and will be rejected. Apart from the absence of any valid
ground forthe sacrifice on the part of -the British Government of its
export duty revenue, the concession tvould entai1 the danger of smuggling
fro~nDaman via Bombay and the export of dutiable commodities from
Daman in dhows to Arabia and other accessible foreign countries.
5. As silver is known to have been smuggled in large quantities into
British India via Goa, the Rombay Government, with a vieivto checking
the practice, propose to take advantage of the present negotiations to
stipulate that the Portuguese Governrnciit should levy an effective and
adequate duty on silver (bar and bullion) imported into their terriiory.
6. The original proposals contemplated the fixing of the period of
the agreement at 12 years with renewals for simiiar periods, either
contracting party having the option of terminating the arrangement
by .giving one year's notice before the expiration of the prescribed
period. It is now suggested on behalf of Portuguese Government that the
period of the agreement be fixed at IO years but the Bombay Govern-
ment are of opinion that a currency of five years in the first instance
would be sufficient.
7. It is proposed that the terrns of settlement be discussed in the
first instance betiveen representatives of the respective Governments,
and the Government of Portuguese India Tiavealready iiominated their
delegates for the purpose. The Commisçioner of Customs, Salt and
Excise, will be the nominee of the Rombay Government. The instruc-
36542 ANNEXES TO REJOINDER (F NO. 57)
tions of the latter on the points dealt with in the foregoing paragraphs
will be conveyed to that officer for his guidance in the conduct of the
negotiations. At the same time, several minor points, such as the width
of the shopless zone to be established between the two territories and
the regulation of the traffic in cocaine opium, ganja and bhang, will
be leftfor consideration by the delegates. Refore, however, referring
the whole question to the delegates, the Bombay Government consider
that the Government of India should be apprised oftheir views on the
revised proposais made by the Portuguese Government, as some of the
concessions contemplated, cg., in the matter of the trrtnsit of srilt and
rice, wili affect Imperia1 revenues.I am accordingly directed to request
that the Government of India may be moved to express their general
approval of the conduct of the proyosed negotiations on the lines
indicated in this letter. Annex F. No. 58
POL. CONS:1860 NO. 6115
Page No. 22j t0 232.
POLITICA DLEPARTMEKT
From
A. F. Bellasis, Esquire,
Collector of Surat,
To
H. 1,. Anderson, Esquire,
Officiating Chief Secretary to Goverriment
Bombay.
Surat, Collectors' Office.
and June rS60.
Sir,
In reply to your letters as per margin relative to an interchange of NO. 1819, dated
Temtory with the Portuguese Government at Damaun, 1 have the Nnd.224adated.
honor tu state tlie wishes of the Governor Geiieral of Goa would be fuIly 25th May. 1860.
met, by the cession of thestrip of land between the Damaun Gunga and ~~;~,"~~iiP,'
Kulaye Rivers, which would give free access to the Portuguese Purgun- Government rit
nali of Nuggar Havellee. Daman.
2. Knowing that this arrangement would materially affect the Customs
Revenue, 1 referred the matter to lilr. Alexander Stewart, the Deputy
Cornmissioner of Customs N.D. an Officer, whn by his great experience
in Guzarat, isperhaps the best able to give an opinion on such a subjcct-
Mr. Stewart described the effect of the cession, of the strip of land be-
tween the Damaun Gurlga and Kulaye Rivers, on the Customs Revenue,
and on smuggting, as fol1oïvs:-
3rd. "The Deputy Commissioncr of Customs. N.U. has the honor to
state that the effect of the cession of thstripof land in question would
be to extend our yresent frontier preventive line of 14 miles, to one of
IOO miles, which moreover would ruri through a wild, ... difficult and
vcry sickly country, and on a considcrableportion of which line (i.e. that
running between the Nuggur Havellee and Dharampoor) we can levy no
duty on saIt and other merchandize passing from, or into the Portuguese
territory, under our Custorn and Excise laws, which do not extend tothe
Dhurumpoor state, where we have only a right to levy a sniall tax called
the Maratha Chouth.
2nd. It may be said that this difficulty might be over corne by makirig
over to this Government "that portion of tlie Kuggur Havellee which
joins the Dhurumpoor state, but çtill the difficiilty and cost of guarding
so extensive a frontier line in so wild and sickly a country, would in the
Deputy Comrnissioner's opinion, be so formidable as to preclude Gov-
ernment from entertaining the proposal."-
3rd. In 1848 Blr. Bettington the Deputy Collector of Continental
Customs in charge of the Northern Division reported the annual Ioss of Revenue from smiiggling across the Damaun Frontier at about Rs.
100,000, and to check this it was found necessary to place a strong
preventive Establishment on the short frontier line of14 miles between,
Koiluck on the north and Kalai on the south of Damaun ai a cost which
at present amounts to Rs. 9,411 per annum, and it therefore follows that
if the more extended line ofIOO miles were adopted the cost of Establish-
ment to protect it would not fa11short of Rs. 60,000.
4th. The object in wishing to join Damaun to Nuggur Havelee by
the cession of the strip of land bet~veen the Dhamun Gunga and the
Kalai River, seems to be to enable the Portuguese to bring timber and
grain the produce of the last mentioned district into Damaun free of
duty but the Deputy Commissioner thinks that if Government be willing
- to exempt this produce from dutyit might, if the Portuguese authorities
act ingood faith, be done under a proper system of Certificate, thatis
to Say the Deputy Commissioner would suggest that al1timber and grain
might be allowed to pass free on the production of a pass from the Yort-
uguese authorities, certifying that the timber or grain covered by the
pass or certificate was bona fide the produce of the Nuggur Havelee,
great care being taken that passes be not given for timber and grain
from Dhurrumpoor and other neighbouring States.
5th. In making this concession the Deputy Commissioner ventures to
think that the Portuguese Government might reasonably be called on
to make arrangements by which al1 salt sold for inland consumption
should be taken across the frontier by certain fixed routes, and that
notice of the sale and intendcd removal of such snlt, shoulcl be given
to Our Establishment so as to enable us to collect the duty leviable on
the salt entering British Territory. This arrangement ~vould cost the
Portuguese Government nothing, and it rnight in time enable this depart-
ment to make such reductions in the preventive Establishment on
the frontier as would in some degree make up for the loss which must
follo\r; from the Produce of the Nuggur Havelee bejng allowed to pass
free in the rnanner proposed".
~tli. I concur in the opinion expressed iri hlr. Steivarts' 4th para.
ofallowing al1timber and grain to paçs frce under a pass by the Gover-
nor of Damaun certifying that it was bona fide the produce of Nuggur
Havelee but it occurs to me, it would not be a difficult matter to ascer-
tain the average annual produce of Nuggur Havelee in grain and timber
etc. and thisamount being fixed and known His Excellency the Governor
of Damaim rnight grant pas Certificates to that amount. This arrange-
ment would avoid the minute interference of the several aiitliorities.
5th. The besl plan of al1 would be for the British Government to
purchase or exchange the wliole of the Damaun Territory-if any inland
Purgunnah adjacent to Goa were available this interchange might be
mutually acceptable to both Governments.
6th. I have not yet had the Revenue value of the land between the
Uamaun Gunga and Kullaye Rivers calculated, as His Excellency in
Council seemed to wish for an early reply to Your communications.
Tis cession would afford several roads not only into Nuggur Havellee,
but thence into the extensive and wild country of Duhrrumpoor, and
beyond that again into central India and I fear as Mr. Stewart says, the
injury to Our customs Revenue would be so formidable as ta precludeGovernment from entertaiiiing the proposal. Eitlier of the alternatives
proposed in my 4th and 5th paras wouId be far morc advisable.
I have the honor to be,
Sir,
Your most obedient servant,
A. F. BELLASIS,
Collector of Surat.
N.B. In the event of any officer being required to meet the Damaun
authorities 1would recommend that Mr. H. B. Lindsay the 1st assistant
ColIector be appointed the Commissioner.
A. F. BELLASIS,
Collector of Surat.
P.D. Vol. 26 of1860
Page 234.
Resolved
That the Governor General of Goa be informed that after full inquiry
and consideration the cession of any portion of theBr. territory between
Daman and the district of Nagar Haveli has been found impracticable.
(Initialled)Illegible.
July 18.
Ithink this the best answer to send-so far as 1can understand Our
interests.1 should Say that Mr. Bellasis and Mr. Stewart have under-
vaIued the loss we should be put to by the cession required by the Por-
tupese Govt. For, inasmuch as, the whole territory would become Por-
tuguese from Nagar Havellee to Daman if the cession were aIlowed, we
could Ievy no duties at al1 between the two rivers. No extension of Our
preventive frontier would com~iensate us for losing the command we now
possess of the Pargannah Nagar Havelee. It is to be apprehended that
the whole of the articles now dutiable would pass from Dharampur
into Nagar HaveIee and thence into Daman between the rivers and vice
versa thus wholly eluding payrnent.
(Initialled) Illegible.
Damai]. ive ought always to bear in mind the importance of obtaining1
equivalent to offer.ssion of both Goa and Daman whenever we have an
(I~fitialled) Illegible.546 ANNEXES TO REJOINDER (F NO. 59)
Annex F. No. 59
No. 1456, dated 27th February 1901
From-the Honourable Mr. J. W. P. Muir-Mackenzie, I.C.S.,
Chief Secretary to the Government of Bombay,
To-The Secretary to the Government of India, Finance and
Commerce Department.
In the year r8gG the attention of this Government was drawn to the
large quantity of Mhowra flowers brought to the Daman Road Railway
station forexport tothe neighbouring Portuguese districts of Daman and
Nagar Haveli. A report from the Commissioner of Customs, Salt, Opium
and Abkari,showed the following figures of irnport the Railway station
named in the three years ending 1895-96:-
Years. Quantity ofMhowra
floners.
Mds.
1893-94 ......... 32,860
1894-95 ......... 28,722
1895-96 ......... 29,752
The last figure would represent on distillation 117,000 gallons of spirit
of 60"U.P. The great excess of this quantity, as compared with actual
requirements, will be apparent from the terrns of the abkari contract, as
well as from the nurnbers of the population of these districts. The abkari
farm was leased by the Portuguese Government in 1896 for threc years,
at an annual payment of R70,zoo. The normal price of the liquor is
stated by His Excellency the Governor General of Portuguese India to
have variecl from Rz-4-0 to Rz-8-0 per gaIlon, though the farmcr was
not debarred from selling at any lower price. Taking, however, the
average price at Rz-4-0 per gallon, the contractor would have to sel1
about 31,000 gallons to realize the amount paid for the farm. An equal
amount may be calculated as being necessary to return him a reasonable
profit after al1 expenses of manufacture and management. This total
quantity of 62,000 gallons would represent a consumption per head of
the 67,000 inhabitants of Daman and Nagar Haveli of 44.4 drams as
compared with consumption varying from 22 to 26 drams in the neigh-
bouring districts of Surat and Thana, while the large excess of the
quantity represented hy the imported hlhowra over the quantity thus
calculated to be sold by the contractor would remain unaccounted for.
The inevitahle conclusion \vas that a large portion of the excess !vas
smuggled into British territory, and it was borne out by the fact that the
sales in. the Umbargaon Petha of the Thana district fell from 39,558
gallons 60" U.P. liquor in1894-95 to 31,0j2 gallons in 1895-96, and in
the Surat district, at shops withinIO miles of the Portuguese frontier,
from 44,298 gallons in 1893-94 to 35,803 gallons in1894-95. The Com-
missioner accordingly recommended that steps should be taken under ANNEXES TO REJOIKDER (F NO. 59) 547
section 19 of the Sea Customs Act to prohibit the export of Jlho~vrn to
Portuguese territory. This Government was however, reluctant, for
political reasons, to adopt tl-iismeasure, and it urashoped that a referencc
to the Government of Portuguese India might lead to steps being taken
for the protection of the British excise revenue. The letter from this
Government with the reply of the Governor General of Portuguese India
will be found in the preamble to Governrnent Resolution, Political
Department, No. 5840, dated 28th August 1899, of which a copy is
enclosed. His Excellency's letter was carefully considered by this Govern-
ment, but it u-as impossible to alter the conclusions previously arrived at.
The Governor-General was informed accordingly in the letter from this
Government, No. 5735, dated 28th Jiily rgoo, a copy of which is enclosed,
and His Excellency was invited to consider the necessity of fixing a
minimum selling price, and of approximating the prices of liquor sold
in shops situated within three miles of the frontier tothe prices prevailing
in the neighbouring British districts. His Excellency stated in reply his
inability tomeet the wishes of this Government, owing to afresh contract
having been already given for three years. In regard to this answer it is
sufficient to remark that at the time when the disposa1 of the new
contract was in question the subject \vas under discussion, and as the
previous Governor-General had propoçed the equalisation of prices, the
Portuguese Government might have been expected to make some reser-
vation in giving out any new contract.
2.The sales of liquor in the portions of the Surat and Thana districts
adjoining Portuguese territory for the years that have elapsed since the
subject was brought to the notice of Government show that the evil
complained of stiIl continues. In the Urnbargaon Petha the sales have
been as fo1lows:-
Gallons Go,U.P.
In 1896-97 ......... 25,538
.In 1897-98. ......... 33,654
In 1898-99 ......... 29,613
In 1899-1900 .......... 22,71j
The sales of the latter year were materially affected by the preseiict: of
plague and scarcity, but the average of the three previous years is.so
much below the figure, 39,588 gallons, of 1894-95 as to prove extensive
smuggling. In the Surat district, the sales at the shops for which figures
have been given above have been for the past two years 36,455 and
27,538 gallons respectively as compared with 44,298 in 1893-94. The
quantity of hlhowra brought to Daman Road Railway station is not now
ascertainable for the years 1896-97 and 1897-98. In 1898-99, 26,673
maunds and in 1899-1900, a year in which the Mhowra crop failed, only
21,784maunds were brought. These figures are lower than those given
in paragraph I of this letter forthe previous years, but still represent a
much higher qiiantity than ~vouldbe necessary for the legitimate requlre-
ments of the Portuguese territory.
3. Past experience has fully shown that correspondence on such
subjects with the Portuguese Government does not lead, however
protracted it may be, to,any satisfactory result, and this Government areconvinced that, unless porver is taken to put a check on thc export of
Mhowra flowers, there is no probability of the Portuguese Government
and their abkari contractor corning to a reasonable arrangement.It will
further appear from thc accompanying copy of aletter addressed to the
Governor-General of Portuguese India on the 6th September 1900, that
large quantities ofIlhowra flowers are taken privately into Portuguese
territory, and,itcannot be doubted, illicitly distilIed. The Governor in
Council considers therefore that a notification should be issued iinder
section 19 of the Sea Cuçioms Act prohibiting the export of Mhowra
flowers from any part of British India to any part of Portuguese India.
A copy of the requisite notification, which has been approved by the
Remembrancer of Legal Affairs, is enclosed, and1am to request that the
Government of India may be moved ro sanction its issue.
4. 1 am to add that it is not intended, should the Government of
India sanction the issue of the order, to enforce it until the Portuguese
Government have been addressed, and informed of the action about to
be taken, and it will not be enforced if the Government of Portuguese
India and their contractor' take effectua1 measures to prevent smuggling
and improper cornpetition with contractors in adjoining British districts.
5. 1 am further to add that it would not be possible, owing to the size
and configuration of Nagar Haveli, to surround it with a preventive
cordon, except at a prohibitive cost, and that it is necessary to include
Goa and Diu in the notice to prevent consignments of hfhowra flowers
being sent thence by sea to Daman.
Annex P. No. 60
Pages 129-130.
Bo. IO of 1863.
From
AB. Warden Esquire,
Agent for the Hon'ble the Governor at Surat,
To
The Hon'ble H. L. Anderson Esquire,
Chief Secretary to the Government Bombay.
POLITICA DLEPARTMENT
Dated 7th January 1863.
Sir,
1 have the honour herewith to forlvard for the information of the
Hon'ble the Governor in Council copy of a petition from certain Txaders
etc. ofamaun relative to the construction of a road from Chota Damaun
to Wapee which will be the nearest Kailway Station. As 1 have never
been in that part of the country 1 referred the Petition to the Acting CoLlector hlr. Kavenscroft for his opinion; aiid 1 beg to annex copÿ
of his reyfy, as alsoa lefter from liis Asistant hir. Pratt together with
a Map; from the Collectors reply it will be seen that he does not consider
it desirable to recommend to Government the construction of the road
on the terrns proposed.
When conferring with His Excellency Sir W. ~ansfikld on the subject
of feeders to the railroad1 mentioned.to him the subject of the petition
of the Traders of Damaun and he \.vasof opinion that it was deserving
of attention. I have not made any communication on the subject to
the Governor of Damaun but will do so should the Hon'ble the Governor
in Council deem it desirrtble that the road in question should be con-
structed. The road will bring not only Chota Damaun but Damaun
itself in communication with the Railway for Darnaun is only separated
from Chota Damaun by a river.
1 have the honour to be,
Sir,
Your most obedt Servt.
Surat Office of the Agent
for the Hon'ble the Governor.
7th January 18G3.
Page 133.
To
His Excellency the Governor al Surat.
Hon'ble Sir,
The undersigned traders and other persons of Uamaun beg to draw
your Excellency's attention to a subject of the highest consideration.
"The necessity of a common road iii order to connect the Portuguese
City aiid Sea Port of Damaun with the British India for industrious
and commercial purposes leading from the point called Small Damaun
to the next Railway Station near Wapee.
Your Excellency knows perfectly well that good roads have a powerful
influence in the improvement and prosperity of the commerced, and
this although of great advantage to the Portuguese commerce wil1be
far more advantageous to that of larger extent of the British Empire
which wili find an easy and goocl egress in our Sea Port of Damaun,
the best of al1 in the Crimbay Gulf, under the protection and liberty
that the Portuguese laws afford to the international commerce.
To carry on this objective we cannot resort to the Portuguese Govern-
ment alone as tlie territory through which the road must run belongs
to both, this and the British Governmentç, and the exertion made by
one of them only ~vouldbe useIess. We think therefore that it is necessary
the concurrence and accordancc between the two Governments for the
construction of thc same road, and to obtaiii this, we intreat your
Excellency's valuable protection hoping that the Portuguese Govern-
ment always too much interested in the prosperity and improvement
of their Colonies, will not hesitate to protect this subject ofthe mostdecided importance, having the previous knowledge of the views enter-
taiiied by the British Government upon the same matter.
The intended road leading from the Small Damaun through Counta.
British village, to Wapee will be no more than5 miles length, and half
the amount of the expense of its construction being incurred by each
of the two Governments, according ta a plan before hand concerted,
dl not be a heavy charge.
These are the points we have the honour to submit to your Excel-
lency's consider t'n.
We have the honour to be
Your Excellency's
most obedt. and humble servants.
(Sigfzed) Avelino Je K. DA CUNHA,
Antonio Constancio MAXARANHJ-.
and 42 others.
Damaun 5th August 1862.
"True copy"
(Signedl A. B. WARDEN,
Agent.
Page I~I. No. 24 of 1863.
Frorn
A. B. Wardeii Esquire,
Agent for the Kon'ble the Governor at Surat,
To
His Excellency the Governor of Damaun.
Most Illustriouç Sir,
IYith reference to a petition dated the 5th August 1862 preserited
to me by certain Traders etc., of Damaun relative to the construction
of a road from Chota Damaun to Wapee, I'hsve the honour to request
your Excellency will be good enough to furnish me at your earliest
convenience with information on the following points, which is reqiiired
by Government.-
Wliether there is any probability of Cotton Presses being erected
and made avaiIable at Chota Damaun or Damaun.
Clrhether Cotton haç tobe put into boats and brought to Bombay
to be screwed for shipment.
Whether there is any one at Damaun who can put up screws or
any European firm who would if the Portuguese Government
ceded them land and gave them permissl 'on. Whether the Portuguese Government will share with the British
Government the cost of the road.
Whether export duties arc levied at Damaun on Cotton.
1 have the honour to be, most
Illustrious Sir,
Your most obedt. servant,
(Signed A). B. J\T.4~~~x,
Agent.
Surat Office of the Agent
for the Hon'ble the Governor.
and February 1863.
Esta conforme. Secretaria do Governador Gera da India
Portuguesa.
25 de Junho or 1863.
Na ausencia do Secretario Geral,
{Signed) Christovao S. XAVIER.
Page 161. No. IO.
From
Mr. Christovao Sebastiao Xavier-
Chief Clerk for the Secretary to the Governor
General of Goa,
To
The Governor of Damaun.
Most Illustrious Sir,
111 reply to your Despatch No. 25 dated the 4 of the iast month
fonvarding to me n copy of certain queries addressed to you by the
Agent for the Bombay Governor at Surat, 1 am directed by His Excel-
Iency the Governor General of this State to state, for communication
to the said Agent, as fo1lows:-
1st. As regards the road, it has already been resolved, that you
order the construction of one from Calicashigaum to Wapee,
and if you think that besides this itiçnecessary to construct
that which is treated of here for the purpose stated, OU
assure the said Agent, that the Portuguese Government will
share the cost of the proposed new Road, as you and the
said Agent may agree.
2nd. As regards the duty on Cotton, there is none to be yaid both
on import and export.
3rd. With respect to the land for the ereition of the presses for
the Cotton, there will be no difficulty in granting the same
to any stranger who may urish to have it. 4th. Finally, as regards the probability of meeting at Damaun,
partieswho would wish to erect presses for cotton, and as
to the mode of conducting it from this place etc., etc., you
will reply according to information to be obtained 011the
spot. You can at the same time state to the said Agent, that
His Excellency has already had an opportunity of speaking
with the Governor of Bombay on his recent visit here, that
in al1 that concerned the improvement of Commerce and
interests of the two countries, they would find me always
disposed to CO-operate with them most willingly.
biay God preserve you.
Secretariat of the Governor General. j Ilarch 1863.
(Signed) C. S. Xavier -
Chief Clerk for the Secretary.
"True Copy"
(Signed C. S. Xavier,
for the Secretary.
"True Translation"
(Signj ed
Portuguese Trarislator to Government.
P.W.D. VOL.93 OF 1863Co~r. No. IO30
Pages 29-30,
Translation of a letter from R. C. Clanchy Esquire, Governor of
Damaun to A. B.\Varden Esquire, Agent for the Hon'ble the Governor
at Surat, dated 14 March 1863 Ko. j.
Illustrious Excellent Sir,
In reply to your letter of the 2nd February last No. 24, 1 beg to
state as fo1Iows:-
The Portugiiese Government will share with the British Govern-
ment half the cost of the road from Chota Damaun to the Kailway
at 'IVapee;the cost to be settled before hand by both Governments.
NO Import or Export duties will be levied at Damaun on Cotton.
SO Xativc or Foreigner will meet with any difficulty in obtaining
land to put up Screws.
If any Individual orFirm be desirous of putting up Cotton Screws
at Damaun the Portuguese Government will give land for the
purpose and render every support.
There is no difficulty athe Port of Damaun for cotton being put
into boats or ships for conveyance to Bombay.
2. I beg to add that His Excellency the Governor General of Por-
tuguese India personally expressed to tlie Hon'ble the Governor of AFKEXES TO REJOIKJIEK (F NO. 60) 553
Bombay at his recent visit to Goa, his willingness to adopt commercial
measures calculated to be beneficial to both Governments.
(Signedl K. C. CLANCHY,
Governor of Darnaun.
Damaun,
14th March 1863. True translation.
(Signed) A. B. WARREN, Agent.
Pages 33-34.
Translation of a letter frorn K. C. Clanchy, Esquire., Governor of
Damaun to A. B. IVarden Esquire, Agent for the Hon'ble the Gov-
ernor at Surat, dated 16th May 1563, Xo. 8.
No. 8 of1863.
Most Illustrious & Excellent Sir,
In acknowledging the receipt of your Excellency's letter No.91 dated
the 29th ultjmo, 1 have the honour to state in reply.
I. That certain inhabitants of Bombay and Darnaun are desirous
of forming themselves into a Company for the cultivation of cotton,
and they have with this view applied to His Excellency the Governor
General of Goa. Iam unable to state for your Excellency's information
wheoer the conditions proposed by the Company alluded to will be
accepted' or iiot.
2. 1beg to statcthat there is a pressat Damnun fitfor cotton; and
two Britisli subjects came here to purchase it, but 1 am not prepared
to inform your Excellency whether the owners of the press intend to
use it for the purpose of pressing cotton or not.
3. Iiimy letter No. j dated the 14th of March last, 1 have already
informed your Excellency that Export duties are not levied at Damaun.
4,The Portuguese Government will guarantee the same privileges
to any stranger who may be desirous of establishing Presses or iarrning
lands for the cultivation of cotton, as areconceded to its own subjects.
5. The Portuguese Government are willing to pay half the expenses
of constructing a road from Sinall Uamaun to Wapee if the British
Government agree to the arrangement.
1hope that your Excellency will send your answer as soon as possible,
as in the event of this road not being constructed, the Portuguese
Government intend to construct one up to "Khulee Kuchee" at its
own cost and 1am unable to commence its construction until the receipt
of your Excellency's answer.
May God preserve your Excellency'
Illustrious and excellent Sir A. B. ,
Castle of Damaun, ' (Signed) K. C. Clanchy.
16th May 1363. Trrie translation.
Illustrious & Excellent Sir (Signed) A. B. Warden, Agent.
A. B. Warden.Page 157. No. 51
From
The Governor Generai of Portuguese India
To
His Excellency Sir H. Bartle E. Frere K.C.B.
Governor of the Presidency of Bombay.
Most Il1 & Esct Sir,
Mr. A. B. Warden, Agent for your Government at Surat, having
written to the Governor of Damaun, to know about the utility of a
road from Chota Damaun to Wapee, and whether the Portuguese
Governrnent would share with the English the cost of making such a
road. 1 have the honour to inform your Excellency, that the road in
qucstion would be of great utility, and that this Government will with
pleasure share with the British Government the expenses which may
be incurred on the road, whose utility your Excellency will likewise
admit: 1therefore trust that your Excellency will be pleased to decide
this rnatter with the view to its being commenced with after the rains.
Al1 the particulars which were on that occasion applied for by the
Governor of Damaun, at the requisition of the BritishAgent at Surat
were promptly furnished, as your Excellency will see from the copy
annesed. The advantages to both the Governments are such, and the
road of so much utility that I shall not tire your attention in enumer-
atirig them.
1 have the lionour to be with tlie most profound respect,
i'our Excellency's very Obedt & 111: Servant,
(Signed) B. dr. TORRESNOVAS.
Nova Goa, True translation.
25th June 1863. (Signed) l'ortuguese Translater to Govt.
Page 173.
To
His Excellency the most Illustrious General Count de Ferres h'ovas,
Governor General of Portuguese India, Goa.
Most Illustrious and Excellent Sir,
1 have had the pleasure of receiving your Excellency's letter (and
its enclosures) dated the25th ultimo, No. 51, pointing out the utility
of constructing a road from Chota Damaun to Wapee, and informiiig
me of the willingness of your Government to share the expense of such
an undertaking.
2. In reply 1 beg to express to your Excellency the acknowledge-
ments of rny Government for the prompt and cordial CO-operation which is offerecl by your Excellency's Government in the construction
of the proposed road.
1 beg most Illustrious and Excellent Sir,that you will accept the
assurance of profound respect with which I have the iionour to be
Your Excellency's most obedient
Servant,
(Signcd)
In continuation of the Nemo frorn this Department dated the 6th
ultimo No. 1742, ortlered that the accornpanying copy of a corres-
pondcrice recejved from the Governor Gerieral of Yortuguese India,
dated the 25th idem, be transferrcd to the Railwny Departnient for
consideration:
z. The report of Captain Glcig dated 10th January, No. 58 of 1363
is at the sarne time returned.
B.C.
29 July 1363.
Pages 89-91. Poll. Cons: pst Decembcvj64-No. 8027.
Draft for a$$~ozlab.
POLITICA DLEPARTMEKT
To
His Esceileiicy the Most Illustrious
General Count cle Torres Xovas,
Governor General of l'ortuguese Iiidia,
Goa.
Most Illustrious and Excellent Sir,
T have the honour to acknowledge the receipt of your Excellency's
letter, No.46, dated the zand July last, on the subject of the proposed
road from IVapee to Chota Demaun.
2. In reply, 1 beg to inform Your Encellericy that the plans and
estimates for the road are undergoing revision, and are not yet ready.
3. It appears to me that it will bc more convenient for each Govern- accorwithour
ment to pay for the land ivithin its own territory, and that the cost engagements to
of the land should, therefore, be kept distinct from the estimated outlaPortuguese
required for the construction of the road. Govt.
4. 1 avail myself of this opportunity to forward to I'our Excellency
the accompanying Extract (paras: 6 & 9) from a letterfrom the Execu-
tieve Engineer, Surat, No. 1704 ,ated the 13th ultimo, and to requestthat Your Exccllency will be so good as to urge His Excellency .the
Governor of Demaun to arrange for the transfer to Mr. iVoodhouse of
the land required within the Portuguese territory.
5. In conclusion, 1 beg to inform Your ExceIlency that though the
earth-works of the British portion have been nearly tinished, no com-
mencement has been made on the Portuguese portion, apparently
because thc land required has not yet been handed over.
1 beg, Most lllustrious and Excellent Sir, that you will accept the
assurance of profound respect witl-i which 1 have the honour to be,
Your Excellency's Most Obedient Servant.
Bombay Castle,
7th December, 1864.
"With reference to His Excellency's pencil note on the margin of
para 3, the A. G. Secretary begs to state that that para was intended
as an aiiswer to the following question put by the Governor General
of Goa in his Letter No. 46 of zznd July last.
1 beg to rcquest that you will be good enough to Say it, the value
of these lands should be included iii the general estimate, or wliether
eacli Government sl-iould yay separately for the lands it may require
leaving the general estimate to comprise only the expense which may
have to be incurred in tlie construction of the road."
(Signed) Illegible.
(Sig~zed}IllegibIe.
j.12.64.
P.D. Vol.: 50 of 1865 Comp.
Pages 303-304
Poil. Cons: 3rst July 1865 No. 34y.
POLITICAD LEP.ARTMENT
To
His Excellency the Most Illustrious
Baron Pestana-Governor Geiieral of Portuguese India,
Goa.
Most Illustrious &: Excellent Sir,
Referring to my letter to your Excellcncy's address of thc 7th DeceIn-
ber last, 1 have now the honour to forward the revised Plan and Estimate
for the road from Cliota Damaun to IVapee received from the Super-
intending Engineer of the Northern Division of this Presidency.
2. It will be seen from the Estimate now forwarded that the COS^
of the road will be-
In British Territory - Rs: 21,724-0-0.
In Portuguese Territory- Rs: 39,443-04.
Total: Ks: 41,167-0-0. ANNEXES TO REJOIKDER (F NO. 60) 557
3. Should your Excellency's Government approve of the project it
would be desirable if your Excellency would determine at an earIy
date whether your Excellency's Government will undertake the portion
of the linwithin the Portuguese Territory or allow itto be constructed
by the Ex: Engineer of Surat & Broach with funds to be furnished
by your Excellency's Government.
3. 1.take this opportunity to enquire whether your Excellency's
Government would wish to defray the additional cost for planting trees
on the sides of the road, or whether, if trees be considered advisable
your Excellency's Government will undertake to provide for them.
4. 3Iay 1 request tlie return of the Plans and Estimates when no
longer required.
1 beg, most Illustrious and Excellent Sir, that you will accept the
assurance of profound respect with rvhich
1 have the honour to be
Your Excellency's most obedient servant.
(Signed)'Illegible.
Bombay Castle. 27.6.65.
7th July, 1865.
Pages 43-44.
From
The Governor General of Goa,
His Excellency Sir H. Bartle Edward Frere, K.C.B.
Governor of the Presidency of Bombay.
Most 111. 8:Exct. Sir,
1 have had the honour to receive your Excellency's despatch dated
7th July last, regarding the construction of the road between Damaun
and Vipee, and in reply beg to state to your Excellency, that 1 accept
of the proposition that the portion of the said road which lies on Por-
tuguese territory should be constructed by the British Engineer.-The
necessary funds will be paid from the Damaun Treasury to any person
named by your Excellency to receive it, and at such periods as mav
to your Excellency apyear most convenient.
37 I also accept of the proposition that the planting of trees along the
sides of the road, be carried out under the direction of the same Engineer
who is entrusted with the works.
1 return the Plans and Estimates.
I have the honour to be with
the most profound respect
Your Excelleticy's
very Obedient and attentive servant,
Nova Goa, (Signed) Joze FERREIRA
7th Aug. 1865. PEST AN.^.
True Translation.
(SignetlN. FBRNANDEZ.
Portuguese Trariçlator to the Government.
P.W.D. VOL.41 or: 1865 COMP.166
Bombay Castle,
zgth August 1865.
Page 304.
Public Works Departrnent.
Traiisfefrom the Political Department, No.2,103, dated 23rd August
1865.
Of a letter from the Governor General of Goa, acknowledging receipt
of the Bombay Government letter dated 7th July lrist, and accepting
the proposition thatthe portion of the road hetween Damaun and Vipee
which lies in Portuguese territory should be constructed by the Bombay
Public Works Department, the necessary funds being paid from the
Damaun treasury to any person who may be appointed to receive it;
accepting also the proposa1 that the planting of trees along the sides
of the road be carried out under the direction of the same Engincer
who may be entrusted with the works.
RESOLUTION T.o be comrnunicated to the Superintending Engineer
Northern Division, who should make arrangements to push on the work
during the next fair season.
2.The Political Department should be requested to move the Governor
General of Goa to issue instructions that the necessary funds should
be paid to the nearest Collector.
(Signed) Illegible.
Lieut.,K.E.,
Acting Under Secretary to Government.
The Political Department, Secretariat.
The Superintending Engineer N.D.
(With copy of letter, and plan aiid estimate.)
The ControIler of Public Works Accounts. Annex F. No. 61
Pages 47-54.
a
No. 1033 of 1876.
PUBLICWORKS DEPARTRIEET.
Superintending Engineer's Office, N.D.
Deoiali, ~1st September, 1876.
To
Te Secretary to Ciovernmerit,
Public \iJorks Uepartment,
Bombay.
Sir,
In forwarding the accompanviiig copy of letter Xo. 4182 of 16th
Instant from the Executive Enpineer Surat and Rroach, on the subject
of the bad state of that portionfthe road between Damauii and Wappee,
lying within Portuguese Territory, 1 have the honour to recluest Govern-
ment will be pleased to address the Portuguese Government at Goa with
a view to sornemeasures being. taken to keep their portion of the road
in a proper state of repairs.
2.The total length of the road betweeri Damaun aiid Wappce (a
station on the Bombay and Baroda and Central India Railway) is 7 miles
and 66 yards, of which 3 miles and 548 yards are in British Territory
and the remainder, 3 miles and 1278yards, are in Portuguese Territory.
The former is stated to be in "gnod order" whereas the latter is in a
condition "worse than many of the cleared roads in the Deccan".
3. In the year 1865166 a sum of Rs. 41,167 was exyendcd upon the
construction of this road, by the Public Works Department (as per
Government Kesolution No. 283 of 7th June 18% and Governmeiit
1222
Resolution No. 853C.W' of 29th Augiist 1865)) but itappcars that the
7853
portioii within Portuguesc Tcrritory has since been neglected, and allowed
to fa11into disrepair.
4. As thc intermediate portions of this road (in British Territory) are
annually repaired .hy the Public iliorks Dcpartment, 1 would heg to
suggest tilat the Portuguese Government be asked if they have any
objection to the other portions, also being repaired by the same agency
the necessary fiinds forwhich could be made payable through the Damaun
Treasury to thc Executive Engineer Surat and Rroach.
5. Should Goverliment concur in the above proposition, an Estimate
for the repairs necessary to the portion of road within Portuguese Terri-tory wili be submitted, as also a statement of the probable amount which
will be required annually for keeping the road in propcr order.
1 have the honour to be,
Sir,
Your most obedient servant,
(Siglaed)Illegible,
Sriperintending Engineer. N.U.
POLITICAD LEPARTMENT.
To
His Excellency, Counsellor Joao Tavares de Almeida
Lieutenant General,
Governor General of Portuguese Tndia,
Goa.
Most Illustrious and Excellent Sir,
1 have the honour to bring to your Excellency's notice that the por-
tions of the Dainaun and Wappee road lying in the Portuguese tcrritory
are in a very unsatisfactory çtate of repair being fulofhollows and ruts
and in several places very muddy.
z. As the intermediate portions of this road (in British territory)
are annually repaired by the Public Works Department of this Govern-
ment, 1 would beg to suggest, if your Excellency's Government have no
objection, that the othcr portioils also be repaircd by the same agency,
the iiecessary funds for which could be made payablethrough the Damaun
Treasilry to the Executive Engineer, Surat and Broach.
Accept, most Illustrious Sir, the assurance of profound respect with
wliich
1 have, etc.,
(Signed) P. E. LVODEHOUSE.
Bombay Castle,
13th October 1576.
No. 68
To the Most Illustrious and hlost Excellent Sir PE. Wodeliouse, K.C.B.,
Governor of the Presidency of Bombay.
Most Illustrious and most Excellent Sir,
1 have the honour to acknowledge yovr Excellency's official letter
NO. 5858 of the 13th instant.
I thank your Excellency for the offer you have made to cause the
required repairs to be effected tothe Road of Wape on the side belongingto the tcrritory of Uamaun by the Public IVorks Uepartment of your
Government, but as there happeiis to be at Damaun, an officcr appointed
for siichn-orks, 1thought it better that these repairs sliould be entnisted
to him, and have therefore already given the neccssary orders to the
Governor of Damaun and the Director of Public Works Ucpartmcnt to
execute the repairs referred to wit.h despatch.
Ihave the honour to be, etc.,
(Signed)Joao TAVARE SE ALMEIDA.
Nova Goa,
20 October 1876.
A True translation.
(Signed)E. ~IENESSE,
Portuguese Translator to Government.
True copies.
(Signed) Illegible,
Superintendent.
Page 61
No. 6481
POLITICA DEPARTMENT.
Bombay Castle, 13November 1876.
Letter from the Governor General of Portuguese India,No. 68 dated
20th October 1876-Stating, with reference to this Government letter
No. 5858 of 1876, that the necessary orders for executing with despatch
the required rcpairs to the portion of the IVapee Road, lying within
Portuguese territory, have been issued to the Covernor of Darnaun and
the Director of the Public Works Departmcnt.
Reso1ution.-Copy of the letter from this Government, No.5858 dated
the 13th uItimo, and of the present reply. should be transfemed to the
Public Works Department, with reference to the transfcr frorn the
Department (the papers accompanying which shoulcl be returnedi. dated
the 27th September. No. 64-R. of 1876.
(Sî'gttedC. GUNOE,
Secretary to Government.
To
The Public \\rorl<s Department of the Secrctariat (with copy of the
the papcrs referred to, and returning theenclosuresto its No.46-R,
dated 27th September 1876).
The Acting Agent to His Excellency the Governor. Surat.Page65.
II.-C. W. Roads.
Road between the Wappee Railway
Station 8rDamaun.
No. 724 C.W.-1947 of 1876.
PUBLIC \VORKSDEPARTMENT. Bombay Caçtle,
z~st November 1876.
Lettcr from the Superintending Engineer Northern Division, No. A
1033, dated ~1st September 1876.
Forwards copy of a letter from the Executive Engineer Surat alid
Broach, bringing to notice the state of disrepair in which the portions of
the road between the Wappee Kailway Station and Darnaun belonging
to the Portugiiese Government are, and suggests that the Portuguese
Government be asked if they have any objection to their portions of the
road being repaired by the Public Works Department, the necessary
funds being made payable throiigh the Damaun Treasury to the Exe-
cutive Engineer Surat and Rroach.
Resolution in the Political Deyartment, No. 6481, dated the 13th
November 1876.
With refercncc to Public Works Department, 3\70.46 K, dated 27th
September 1876, forwards copy of a letterfrom His Excellency the
Governor General of Portuguese India, intimating that he has given the
necessary orders to the Governor of Damaun and the Director of the
Public Works Department, to executc with despatch the repairs to
the portions of the Wappee road lying within Portuguese territory.
Keso1ution.-To be communicated to the Superintending Engineer
Northern Division, with reference to his No. 1033 dated ~1st September
1876.
15'A. BAKER ,ieut. CoIonelR.E.,
Under Secretary to Government.
To
The Superintending Engineer N.D. Annex F. No. 62
P.D. Vol.No. Ijg of1900, Comp. 1384.
Pages 1-2.
NO.141.
1899. Translation.
Nova Goa, 18th October, 1899.
His Excellency
Lord Sandhurst, Governor of the Presidency of
Bombay.
Most Illustrious and Excellent Sir,
Being sorne roads at Pragana Nagar Aveli, District Damaun, under
construction, and wishing my Government to order with the view of
preference being givcn to thosc that are leadirig to the stations of the
B.B. & C.I.'Railway at Vapi and Bilad, çituated in the British territory,
I have the honour to request your Excellency the favor of informing me
whether Your Government contemplate to order this year the construc-
tion of the roads from Lavachâ, Dungrs to Vapi and from the village
Bilad to tlie Railway station, which shallhe of considerable advaritage
to both countries.
Accept Most Iliustrjous and Excellent Sir the assurances of the highest
consideration with which 1 have the honour to be
Y our Excellency's
Most obedient servant,
('Signed)J. MACHADO,
Governor General.
Pages 17-18.
No. 7200 of 1899.
Public Works Department
Camp Broach,
20th Decernber, 1899.
From
S. Rehscb Esquire In. Inst. kc.,
Superintending Engineer
Xorthern Division,
To
The Hon'SLeMr, John Tato In. Inst.& c.,
Secretary to Government Public Works
Department, Bombay.
Sir,
In returning GM. No. R 763, dated 15 Ultimo and ac~om~animents,
1 have the honour to forward Reports Nos. 7556,dated 28th Ultimo fromthe Executive Engineer Thana within whose limits Bhilad lies, and 6643
dated 14th instant, with plan, from the Executive Engineer Surat and
Broach who deals with the proposed Road from Vapi Railway Station
to Lewacha.
2. From these reports it will be seen that it is not at present proposed
ta construct the lioad from the Rhilad RaiIway station to thevillage of
that name.
1 may mention that Kolivada Naroli and other Portuguese villages
lie to the east of the village of Bhilad and the enqriiry from the Portu-
guese Government appears to suggest that the Road in British territory
might be constructed to the Railway station so as to conncct these
foreign villages with the Railway.
As regards the Vapi Lavachha Road the Executive Engineer reports
that a fairly murammed and drained Road already exists between Vapi
and Doongra and a cart track in continuation serves Lavachha. Dungra
is in British limits and Dadra, in Portuguese territory, adjoins Dungra
on the east and Lavachha is again on the east and in British Limits.
There is at present no proposa1 to. undertake the extension of the
Vapi Dungra Road through the Portuguese village of Dadra, towards
Lavachha, as a famine work.
1have the honour to be,
Sir,
Your most obedient servant,
(Signed) S. REBSCH, In. Inst. &c
Superintending Engineer, N.D.
Page 23.
NO.413 of 1900.
POLITICA DLEP~RTMENT.
Bombay Castle,
19th January, 1900.
From
His Excellency The Right Honourable
Lord SANDHURST, Governor of Bombay,
To
His Excellency Colonel JOAQUIM JosÉ MACHADO,
Governor-General of Portuguese India.
Most Illustrious and Excellent Sir,
1 have the honour to acknowledge the receipt of Your Excellency's
Ietter No. 141, dated the 18th October last, enquiring whther is under
contemplation at present to construct a road (1) from the village of
Levacha passing through Doongra to the Va i Railway Station, and
(2)from the village of Bhilad to the Railway gtation of that name.
2. In reply,I have the honour to inform Your Excellency.that from
enquiries 1 have caused to be made 1have ascertained that, as regards
the first route mentionedby you, there is already a fairly mururned and ASNEXES TO REJOINDER (F X0. 62) 5%
drained road from the Vapi Station to the Doongra. village-a distance
of about three miles-and thence a cart tracli to the village of 1-evacha;
and that it is not intended at present to undertake any work in connec-
tion with this road. Iri reference to the second route mentioned in Your
Excellericy'sletter,1understand that it is proposed to construct a road
as a famine relief measure froni the Ehilad Railuray Station to Phanse
passing through the villages of Shirgaon, Goradpada, Bamanpada,
Kalgaon and Phanse. It is not intended as yet to extend the road on the
east of the Railway, but ifhe neccssity should ariçe for providing addi-
tional labour in connection with the famine, the road may possibly then
be extended to the village of NaroIi through Rhilad.
ilccept, Most Illustrious and Excellent Sir,,
the assurances of profound respect
with which 1 have the honour to
subscribe myself,
Your Excellency's most obedient,
humble servant.
Pages 28-29.
A.
Letter from His Excellency the Governor General of Portuguese India,
No. 12,dated the 7th February, 1900.
Acknowledging the receipt of a letter from this Government No. 413,
dated the 19th Ultimo regarding the roads from the villages of Levacha
and Bhilad to the nearest Railway Stations, and requesting for certain
reason, that the section of the road between Levacha and Vapi may be
rendered suitable forcart traffiand thereby reduce the iiiconvenience
caused to the Portuguese Governrnent.
The Governor General now appears to claim a quid pro quo forwhat
he did at our raquestin 1897 in connection with the repairs of the road
between Karwar and Margoa. May this lettebe trans-erred to the Rev.
LS
Dept. with reference to that Department Memo. No. 8T4,dated the 23rd
Decernber last and with a recommendation that the rëquest of the Gov-
ernor General may bc co~isideredand in thc light of his records regarding
the repairs to the road between Karwar and Margoa which he effected
in 1897 at the request of this Government?
1 thinlc theP.D. right to press this request onP.W.D.
Itcannot cast very much and WC are very apt to cornplain ourselves
in such circurnstances e.g., the precedent quoted. tlic Jankfied piece
of road and so on.
(Signed) Illegible.
Ij. 2. 1900. P.W.D. Vol. No. 553 of 1898-1903 Cornpl. 1160 W.
Page I.
Request of the Portuguese Government that the British Government mil1
repair the+o~tionof the road which lies betweeîzLevachaand Vapi in the
Surat District.
No. 12, dated the 7th February go o.
From-His Excellency the Governor-General of Portuguese India;
To -His Excellency thc Governor of Bombay.
1 have the honour to acknowledge thc rcceipt of Your Excellency's
letter No. 413, dated the 19th ultimo, regarding the roads from the
villages of Levacha and Bhifad to the nearest Railway station, and
from which 1infer that Your ExceHency's Government do not intend for
the present to undertake the constructioii of such roads.
1 beg Your Excellency's leavc to refer once more to this subject,
inviting your attention to the inconvenience resulting to the Portuguese
territory of Nagar Avely, which, separated from Damaun by a strip
of British territory, has no facilities of conveyance to the town of the
District (Damaun) on account of the bad condition of a section of the
road betweeii Lcvacha and Vapi (British territory).
I had already an oyportunity to traveI by that road and I found it
partly in a very bad conditio~i and hardly prac.ticable for loaded carts.
In fact this roaisin a worse condition than that from Margoa to ICarwar
which was repaired at Your Excellency's request, as 1 found the same to
be reasonable (corresyondence ending with Your Excellency's letter
No. 7674, dated the 14th Uecember 1897).
The most valuable product of Nagar Aveli consists of heavy timber.
There being no road in practicable conditioii,the cost of its convcyaiice
comes to be so high that the value of the timber becomes nil. Besides,
a large portion of tiie products of the strip of land referred to would be
exported by the station of Vapy and carried by the Railway, and then
the traffic of the line, which is British, would be fed.
Ko. 1694.
POLITICAD LEPARTMENT.
Bombay Castle, 1st Alarch 1900.
Copy fnrwardcd to the Public Works Department for favourabie
consideration, with reference to that Department memorandum NO.
B.-854, dated the 23rd Deceml-ier~Sgg.
2. Government in this Departinent are ofopinion that the request of
His Excellency the Governor-General of Portuguese India should be
compIied with for general rcasons and especially in view of the fact that
the portion of the road between Margoa and Karwar which Liesin Portu-
guese territory \vas repaired by the Portuguese Government in 1897 in
deference to the wishes of this Government.
(Signedj Illegible,
Secretary to Government.Page 59.
Ko. 73 59
Bombay, 6th October 1900.
*P His Excellency Colonel Eduardo Augusto Rodrigues Galhardo,
Governor General of Portuguese Inclia.
Most Illustrious and Excellent Sir,
iliith reference to your predecessor's letter N12dated the 7th Fcb-
ruary 1900, 1 have the honour to inform Your Excetlency that, .in
deference to the wish expressed therein, my Government have arranged
that the repairs to the road which lies between Levacha and Vapi in
the Surat District, should he undertaken early next year.
Accept Most Illustrious and Excellent Sir, the assurances of profouiid
respect with which
1have the honour to subscribe inyself
Y our Excellency's
Most Obedient Humble Servant,
(Signedl NORTHCOTE.
Pages 118-119.
No. 4068 of 1901
Executive Engineer's Office,
Surat 24th May 1901.
From
Ali Akbar Esq., A.M.I.C.E.,
Exccutive Engineer Surat Sr Broach,
To
The CoIlector of Surat.
Sir,
1 have the Iionour to inform you that the Dungra Lavacha Road,
which is now under construction from the Provincial funds, forms part
of the road, leading from Wapi to Silvas (Portuguese). In the British
territory the road ends at the Roundary of the Lavacha village at the
Bridge constructed by the Portuguese Government across the Piparia
Nulla (Branch ofthe Daman Gilnga River).The total length of the road
up to this Bridge i8; miles. Imay be said to be divided in4oparts viz.
(a) From Wapi to Dungra 3 miles. 1siii charge of the Local Board, is in
a bad state of repairs and impassable during monsoon. Itrequires
improving and metaling and would cost roughly 6600 Rs.
(b) Uungra to Dadra 2 milés.1s under construction by this Departmcnt.
(G) ~adra to Lavacha 12 miles. In Portugiiese territory andis to be
constructed by that Government.
rd) In Lavacha 12 miles. 1sunder construction by this department. 2. It will thus be seeii that a Listof road only S+ miles is to bc con-
structed and kept up by 3 different Agencies, which in my opinioii is a
most unsatisfactory arrangement, I would therefore suggest that the
whole road may he handed over to this Department, and the Portuguese
Government and the Local Board rnay be asked to contribute their share
towards the construction and annual maintenance of the Road.
3. If Inyproposa1 meet with your approval, 1shall subinit the necessary
estimates.
4. 1 rnay mention that the portions (b) and (d) will be practically
completed by the end of the monsoon, while neither the Portuguese
Government nor the Local Board seem to have done a~iything towards
constructing the portions in their charge.
1 have,etc.
(Signedl ALIAKBARA , .M.I.C.E.,
Executive Engineer S & B.
Through
The Superintending Engineer, N.D.
Page 141.
NO. 3922of 1902
Surat, 18th July 1902.
Erom
The Executive Engineer, Surat & Broach,
To
The Superintending Engineer,
Northern Division, Bombay.
Subject:-Certain particulars in connection with the road lying-
between Lawacha and Wapi.
Sir, 1
I have the honour to return herewith, the correspondence forwarded
with your No. 4732 of 1st Instant, and to report, .that the Portuguese
Govcrnment are constructing their owii portion of the road in the Dadra
village; they have already raised the road surface, with earth work,
constructed drains and collected Murum up till now, and it appears
they wiHcomplete thiç portion by the close of the rainy season.
1have the honour to be,
Sir,
Your most obedient servant,
(Signed) L. M. BOSE,
Executive Engineer,
Surat & Broach. Annex F. No. 63
BOMBAY PUBLICWORKS DEPARTMEN VTOLUME Bg OF 1859.
COMPILATI NOo. 387
Extract from letter Tu'654of 1859, Public Works Department,
Communications, Unmetalled Roads.
To
Captain IV. F.Marriott,
Secretarp to Government, Bombay,
Dharwar, 25th May, 185g.
Sir,
g. Wc beg therefore strongly to recomrnend that a good cart Koa$a%$:,
should be made, at an early period, over the most promising Ghat frontier
the frontier of Goa. His Excelleilcy the Governor of Goa has assuThe Governor
us that he is prepared to complete the com~nunications to his PorofGoapro-
by constructing withoutIoss of time, equally good roads to meet a;o cnoara-s
made to our froritier.
IO. We think it would be desirable, howevcr, in ordcr that the~ ~ ~ ~ ~ ~ ~ $ ~ ~ ,
portion of the Ghat road lying within the Goa territory shouldaseshouldact in
good and on as easy an incline as our own, that stipulations should
be made that the entire Ghat road shoulbe traced by the Engineers
of the two Governments in concert rind that the different portions
of the wholc line should he commenced and opened out for trriffic
simultaneously.
We have the honotir to be,
Dharwar, Sir,
25th May, 15'59, Your most obedient servants,
From thc Governor General of Goa,
To the Kight Hon. Lord Elphinstone
Govt. of the Presidency of Bombay.
Most Illustrious and ExcelleSir,
1 have the honor to acknowledge the receipt of your Excelle~rcy's
Dispatch, No. 2112 of the 11th instant,accompanied bÿ a Report
from the.Committee appointed to give their opinion on the Road or
Roadç, which arc torilniroin Dharwar to the CIiauts, with the view
to connect themselves with the one which is to be constructed in this
territory of Goa, and which wilI cornmunicate with yoilr port; and
beg to stateas iollows. ANNEXES TO REJOINDER (F NO. 63)
570
That I have rtlready ordered the necessary information on the matter
to be obtained, and an estirnate to be prepared of a road from Gangem
to the foot of the Ghauts of Tinim, stated by the Committee, as the
best one to join that, which will run from Dharwar to this State and
that soon after this, the work of constructing the road wiII be com-
menced with, and finished, as 1 hope, in as short a time as possible.
That as regards the descent from the Ghauts, 1 am of the same
opinion as the Committee, viz. that the plan and tracings of thc road
and its execution should be preparcd and carried out by the same
Engineers both on the British and the Portuguese sides, so that the
system adopted Inay be one and the same and as the Committee
state, that inore thün athird of the descent of the Ghauts is on British
territory and less than two thirds on the Portuguese territory,(just
the contrary of what woiild be the case if the descent were to be from
the Talavaree Ghauts) it appears to me proper and converiient, that
the road should be constructed under one uiiiform system of manage-
ment moiety of the expense incurred on the wholc length of the descent
being defrayed by this Government, and the other moiety by the
British Governrnent. 1 shall await your Excellency's decision upon this
matter. The works may be commenced with as early as possible.
1 concur in the great convenience pointed out by the Committee,
of con~iecting Tnlavari with Tinem, so that the merchants who are in
the habit oi taking the Hel1 Ghaut Road, may avail thernselves of
this desced.
Probably yoiir Excellency has by tliis time received the information
solicited by the Committee and fiirnislied by me to Mr. Ogiloy in ~iy
dispatch of the z~st July last. From it your Excellency will see the
importance wliich mriy be attached to the Ports of Goa for shipping
Cotton Wool direct for England. Possibly the Harbour or Bay to the
south of Sindashagur alluded t'oby ttie Cornmittee, may be available
for Vessels to enter aiid receive Cargo direct for Englarid, but 1 am
certain, that place will not offer so many advantages as illis Port of
Goa, or that of hiurmagao, iior the same security in the rainy season,
as will be found at the last named place.
The Harbour of the Port of Goa is considered open since the 10th
iiistant and on the 20th a Pattimas carne in from Bombay.
1 have the honor to be,
New Goa, Your Excellency
Very attentive servant,
29th Aug., 1859.
l'rz~eTrn?zslation.
(SzgîzedN. FERKANI)ES. (Sigrted)V. DE TORRESNOYAS.
Portuguese translator to Govt.
3Iemorandum No. 6467 of 1859.
Public Works Department.
Office of the Chicf Engineer at the Presidency,
Bombay, a~st September, 1859.
Commzinicatio?zs.
The proposais by the Governor General of Goa that one half of the
cost of constructing the l'inai Ghaut Road should be borne by thePortugucse aiid the remairder by the British Governmcnt appears to
me to be equitabIc. The upper third of the Ghaut which is within
British territory will probabiy cost as much as the lower two thirds
as the greatest dificulties in ghaut constructio~is rire usually met with
itithe upper portion.
{Signedl Illegible.
Colonel
Chief Engineer at the Presidcncy.
The Right Hon'ble the Governor in Council accedcs to the proposal
of the Governor General of Goa that the cost of constri~cting theTinai
Ghaut Road should be equally borne by the Portuguese and the
British Govt.
2. His Lordship in Council approves of the suggestion of the Chief
Engineer that the survey and executiori of the whole line be entrusted
to n British OCficer and direct that Colonel Scott be requeçted to
propose an Officer to be appointed çpecial Assistant to the Executive
Engineer Dliarwar districts to whom the work could be entrusted.
3. The constriiction of the line connecting the Tullewarree and
,linai Ghauts inay remain in abeyance until the road down the latter
ghaut approach completion.
The lZight Hoii'ble the Governor. 1 approve but where isthe
money to corne from.
(Siped) Illegible.
Annex F. No. 64
GOjg
Lettcr of 1881.
3'379 POLL.UEPT.
13.C., 10th nec. 1881.
To
His ExceIlency Kear Admirai Aiexaildre a Almeida e Albuquerque, ,
Governor General of Portuguese India, Goa.
Most Illustrious and Excellent Sir,
1Iiave the honour to inform Your Excelleiicy that the Superintendiiig
Engineer, S.U. has reported to my Govt. that the portion of the Dharurar
and Tenai Ghat Koad, within Portuguese limits is in a neglected
condition. As this road is now an iniportant one and owing to the
construction of the HubIi and Marinagoa Railway is likely to be
subjected to much heavy traffic, I have thqught it proper to bring the
matter to Your Escellency's notice in view to the issue of such in. AXSEXES TO REJOIXDER (F KO. 65)
572
structions as Your Excellency may deern necassary for the maintenance
of the portion of the road in question in good repair.
.4ccept, etc.
For approval,
(Signedl
Ag. Chief Secy. to the Govt.
Annex F. No. 65
BOMBAY POLITICA DLEPARTME(N GTOA)V, OL.II.No, 57 OF 1891, COMP.
No. 1460
-
Page 235.
Letter from District Judge Kanara ta Lee Warner dated 30-5-91,
30-5-91.
Dear Lee Warner,
H.E. has kindly referred me to you on the subject of improved com-
municatioli between Karwar and the nearest Railway Station, Viz:
Margao (N.B. not Mormagao), a considerahle town about 17miles inland
on the W.I.P.G. Railway; vide the tracing appended.
The distance between Sadashivgad just opposite Kawar, and Margao,
is say 42 miles, abou617 of which is as you see within Portuguese terri-
tory. About ~887-8,tlianks to Fansliawe, this becarne our postai roiite in
lieuof thelong round via Habli and Gellapur,and thereby we have since
obtained our mails from Bombay between z & 3 days sooner. 1under-
stand that the Postal Department pay the Goanese Government Rs. 210
per mensem for the maintenance of this as a postal rouMy. object then
is simply to secure for it the few essentials which at small further cost
would throw it open to wheeltraffic, andmake it traversable throughout
the year by carts in 24, or by carriage or on borse back within 8, hours;
and for purposes of trançfer and relief, as well as of supplies, bring Karwar
within 20 hours of Belgaum or Dharwar at any time. Castle Rock, Tinai
Ghaut, and Londa, Stations at the top of the Railway Ghaut, being
actually in Kanara, the route inimediately connects the remote North
of the District with its headquarters.
You will note that this route passes over two principal mide tidal
creeks, viz: Shajibag or Kankon, within Goanese territory, respectively
about rj and 18 miles from Sadashivgad. While most of the road may
now be called exceedingly good, these two creeks remain not merely
unbridged, but destitute at present of anything likeorganisedjerrzage
for carricageor cattland in a few places the road between them runs
too close to the port to be free from risk of bcing washed away. Thus
although there arecartsbothat hlargao and Sadashivgad, as things are
at present goods can be conveyed by head loads only, while travellers
must do the distance by manchils and bearer sentout #rom Kanara
making this probably the most expensive 42 miles in aIndia. Periding the construction of bridges over these two creeks-which as
yct 1 by no means suggest-al1 1ask for at present is:
That each crcek may be furnished with a well built jangal,Le. two
strong canoes joined, Calais-Doruses fashion, with a railed raft, like
those on the Kanara ferries, for the transit of carriage and cattle, and
that temporary shelters rnap be erected at each landing stage. These
iangals might be constructed by us and handed over to the Goanese
'Government with a suggestion that they should be worked under rules
as to lading, fare, &c., similar to ours.
2. That the portions of the road between the creeks, above indicated,
rnay be protected or diverted frorn possible sea encroachments.
3. That as there is at present not a single resthouse of any sort on
this route, temporary shelters for Europeans,'and Dharmsalaç for natives,
may be put up, Say at Shajibag or Balli.
4. That the bridge at Pisone, which crosses the bed of a monsoon
torrent and seems always precarious and in disrepair, bc repaired and
made pukka as soon as possible.
In course of time, I should hope that oui Government might see its
way to giving us a steam ferry in connection with this route across the
Kalinadi, the crossing of which is at present of course subject to al1
delays of mind or tide.
Y ours sincerely,
(Signed) Illegible.
Il.J. KANARA.
Page Z~Q.
No. j301 of 8th Jillyjg~.
To
H.E. the Governor General of Portuguese India.
Most Illustrious and Excellent Sir,
1 beg to address your Excellency on the siibject of the road from
filargaon to the Southern Iimit of Portuguqe India on the direct road
to Karwar. 1 find on record a letter from Your ExceiIency's predecessor
No. 66, dated the 19 of June/85 expressingihis appreciation of the im-
portance of the road as a feeder to the railtvay, and stating that HIE.
had applied for funds. Icannot at present find any further communication
on the subject, although 1 have no doubt $bat the road was taken in
hand and duly constructed. The line is now the postal route, but 1 am
informed that some difficulty is experienccd in passing two creeks: the
Ghajibag and the Kankon on which well built jangals are required.
There are also no rest houses or Dharamsalas, which would prove a great
convenience at Shajibag and Balli. It is also reported that the bridge at
Pisone needs repair, and that the road bet,ween the two creeks needs
protection frorn the sea.
2. In the interest of the Railway and of postai commuiiication 1
venture to invite the attention of your Ex4ellency to this matter, and
to enquire whether these defëcts can be supplied. If your' Excellency
should think that the interests of Karwar constitute any claim .to the
35cooperation of this Govt., in the works indicated, 1 shalbe happy to
consider any suggestion that you may wish to make.
1have,
(Signed) Illegible.
H.E. theG.
after Un. Ref. to thP.W.D. No. 221 dt. 30th Junejg~.
Itd:xxx
2716 Submitted.
Itd: xxsx
2.7.91
(Stgned) Illegible.
H.E. the Governor.
, U.0. NO. 144.
Page 253.
22
No. -s of 1891.
NO. 72. Dated New Goa, ~jth July, 1891.
To
Wis Excellency Lord Harris,
Governor of Bombay.
Most Illustrious and Excellent Sir,
In acknowIedging the receipt of Your Excellency's letter No. j301
of 8th instant, 1beg to assure your ExcelIency that your just observations
regarding the completion of the works on the public road from Margao
to Karwar have my best consideration. 1 have ordered an inquiry to be
made in the Public Works Department, and shall in due course inform
Your Excellency of the measures adopted by this Government in the
matter.
1 avail, &c.,
(Signed) F. M. DE CUNHA,
Governor General.
(True Translation.)
(Signed)Illegible,
Portuguese Translater to Government.
~3rd July, 1891.
Page 26.7.
No. of1891.
No. 98. Dated New Goa, 21st September, 1891.
To
Hi3 Excellency Lord Harris,
Governor of Bombay.
Most IIlustrious and Excellent Sir,
In reply to Your ExcellencyJs letter No. 5301, of 8th July last, and
in continuation ofmy letterNo. 72 of 15th idem, 1 have the honour to inform Your Excellency that the road from Margao fo Polem ha been
constructed and opened for traffic, with the exception of the portion
from Talpona to Galgibaga, which wiIl be completed shortly. The esti-
mate for the bridges over the Talpona and Galgibaga rivers arepending
the approval of the Home Government, yhich 1 am again going to
çolicit as it an undoubted fact that. the vant of those bridges renders
the crossing hy boats difficult during the rqns, owing to the force of the
currents ; and itappears, the same ririIlhappen bj7siibstitiiting tboats
by rafts, as suggested by Your Excellency. To the Pissondichi-noi bridge,
there isonly the arch wanting, which will be,built aftertherains; but the
temporary wooden bridge supplies the wants of transit. The necessary
orders have been issued for the preparation of an estimate for two rest-
houses at Galgibaga and BalIy.
Iavail, &c.,
(Signed) F. hl.DE CUNHA,
~okernor General.
(True Translation.)
(Signed) Illegible,
Portuguese Translater to Government .
30th September, 1891. ,
Page 271.
POLITICAL DEPART~~ENT
~aied 14th October, 1891.
NO. 7471.
To
Genl. F. M. De Cunha,
Governor Gencral of Portuguese India.
'
Most Illustrious and Excellent Sir,
1 have the honor to acknowledge thc receibt of your Excellency's lettcr
No. 98, dated the zrst September 1891, ana desire to thank Your Ex-
cellency for the informaGon communicated ,therein regarding the meas-
. ures adopted by Your Government for theiimprovement of the public
road from Margao to Palem on the direct route to Karmar.
Accept, &c.
Itd : Illegible.
Itd. xxxx
8!10.576 -4SSEXES TO REJOIXDER (F NO. 65)
BO?~IBA POLITICAD LEPARTMEN (TOA),VOL.NO. 92 OF 1894-Co~~.
No. 639
Page 87.
POLITICA LEPARTMEXT
No, 1332. Dated ziid hlarch, 1894.
To
H.E. Senhor Raphael d'Andrade,
Governor General of Portuguese India.
Most Ill: &Exc: Sir,
1 have the honour to invite Your Excellency's attention to the corre-
spondence ending with my lettcr No.3894, dated the 15th June, 1892,
regarding the constructioii of certain bridges andest houses on the
road from Karwar to hlargao, and to eiiquire whether Your Excellency's
Governrnent are now in a position to put the portion of the road in
such condition as to establish through communicatiori at al1 seasons
between Karwar and Margao.
Itd: 1V.D.N.
23.2.94.
Itd: xxxx
23iz.
Itd: xxx
2612.
For approval.
Itd : Illegible.
2712.
Page 89.
4
No. -S of1894
No. zo. Dated New Goa, 9th March, 1894.
To
His Excellency, Lord Harris,
Governor of Bombay.
Most Illustriouand Excellent Sir,
In acknowledging the receipt of Your Excellency's letter No. 1332,
of 2nd instant, 1 have the honour to inform Your Excellency that, .
as T have not received any authorization from the Horne Government
for the construction of bridges and rest-houses onathe road from Karwar
to Margao, 1 have again, this day, solicited the said authorization.
I avail, Bic.,
(SigaedJRaphael DIANDRADE,
Governor General.
(True Translatioii.)
(Signed)Illegible,
14th March, 1894. Portugiiese Translater to Government. ANNEXES TO REJOINDER ;(FNO. 65) 577
Bousav POL~TICAL DEPARTMEN(T GOA), GoL. II. NO. 97 OF 1847-
COMP. NO. 1484
Page 225.
POLITIC.~D LEPARTMENT
1
No. 6031. Dated end October, 1897.
To
I
H.E. Colonel Joaquim José Machado,
Governor General of Portugiiese India.
Most Ill. andExt. Sir,
I have the honour to invite Your ~xcellenc~'~ attention to the corre-
spondence ending with H.E. Senhor Raphael d'Andrade's lettcr No. 37,
dated the 23rd of June, 1894, regarding the repairs to that portion of
the road from Kanvar to Margao which lies witliin Portuguese Territory,
and to enquire whether Your Exccllency has received the sanction of
the Government of Portugal for the carrying out of the work.
2. I would at the same time enquire whether, if bridges cannot be
provided, Your Excellency is prepared to consider the question of the
establishmei-it of a suitable ferry service.
;
3. I have further the honour to inforrn Ydur Excellency thatmy COV-
.ernment conteinplate as soon as funds are1available, several improve-
ments on the portion of this communication which runs through British
Territory, including (a)bridge over the ~doinhalla River (b)the estab-
lishment of a fprry at Kalanadi and (c) improvernents to the Kodibag
and Sadashivgad piers; and should he gla? to learn whether, in these
circumstarices, Your Exccllency's Government would be disposed to
carry out the improvements noted in the pccompanying extract from
a letter from the Executive Engineer Tcana~a.
Itd: xxsx 1
24/9.
Itd: xxxx
2419. I
Itd : xxxx
251% For ayproval. :
Itd:Illegible.
2619.
I
1
Page 229. ,
7i.anslation.'
To i
His Excelleiicy Lord Sandhurst,
Governor of the Presidency of Bombay. 1
New ~oa, 3rd November, 1897.
Most Illustrious and Excellent Sir, i
I have the honour to acknowlcdge the réceipt of Your Excellency's
letter NO.6071, dated 2nd uItimo, conccrning the improvements requiredin the section of the road leading from Margao to Karwar within the
Portuguese territory, andto station rep1y:-
1st.-That 1 have been already authorized by the Government of
Portugal to carry out al1 the necessary works in the above-mentioned
road.
2nd.-That these works shall be completed by theend of the month
of June 1898, and the road shall be in good condition for the public
transit.
3rd.-That the rivers Talpona and Salgibaga being very broad 1am
unable, until the circumstances of the treasurp of this Province are in
bad condition, such as are at present, to bind myself to order the con-
struction of bridges across these rivers, which wouId demand a large
sum of money. 1 shall, however, provide for ferry boats to be plied in
both of them for the conveyance of passengers andgoods.
1 have the honour to be with the highest consideration.
Your Excellency's
Most obedient servant,
(Signed) J. MACHADO,
Governor General.
BOMBAY POLITICAD LEPARTMEN (GOA AND GuJ.~R.~TV ),OL.1.NO. 99
OF 1898-Co~~. NO.916
Page15.
Translation
No. 41 of 1898. Nova Goa, 12th Nay, 1898.
His Excellency Lord Sandhurst,
Governor of the Presidency of Bombay.
Most IlIustrious and Excellent Sir,
With reference to Your Excellency's letter No. 6031, dated 2nd 0ct.0-
ber, and this Government No. 82 of 3rd November 1897, 1 have the
honour to inform Your Excellency that the road from Margao to the
frontier on the southof this territory is repaired and considerably im-
proved for easy transit, and that in the rivers of Talpona and Gdgibaga
there areferry boats suitable for the conveyance of persons and packages.
It appears therefore, that thereis no difficulty for the regular conveyance
of the British mail through this territoryto Karwar. Should Your
Excellency,however, prefer to employ in this service carts or horses
instead of men as at present, 1 beg to request Your Excellency the
favour of informing me of the resolution to thaeffectin order that 1may issue the necessary orders to render the ferry boats in the same
rivers suitable for the conveyance of carts and horses.
Accept Most Illustrious and Excellent Sir,the assurances of the highest
consideration with which 1 have the honourl to be, .
I
i Your Excellency's
I Most obedient servant,
I
/ (Signed) J. MACHADO,
, Governor General.
I
Page 29.
POLITICAL DEPARTMENT
I
No. 3680, i Dated 24th June, 1898.
1
To . I
H.E. Col. Joaquim José Machado,
Governor General of Portuguese India.
l
Most Ill. and Exct. Sir, !
1 have the honour to acknowledge the rleceipt of Your Excellency's
letter No. 41, dated the 12th ultimo, info~ming me of the completion
of the repairs of the road from Margao to Karwar and of the establish-
ment of ferry boats on the rivers Talpona and Galgibaga.
2. In reply 1 beg leave to express rny thbnks to Your Excellency for
the prompt manner in which Your Excellency has acceded to the wishes
of my Government in this matter. I
Accept, R-c.
i
Itd: xxxx 1116. 1 For ayproval.
Itd :xxxx 13/6. Itd : Illegihle.
Iid ixxxx 1316. I 1416.
I Annex F. No. 66
Pages ~-II.
Serial No. Roads.
Proposals for the improvement
and maintenance of the Margao-
Majali road lying in Portuguese
territory.
Uated the 26th July, xgxj.
From
Ramakrishna Shankar Nagarkatti, a British subject of the Kanara
District and Camp Clerk to the Conservator of Forests, Southern
Circle, Belgaum ;
To
His Britannic Jlajesty's Consul at Goa, Mormugao.
Most Kespectfully Sheweth:-
That your humble memorialist is a constant traveller on duty by
the Margao-Kanvar road from Belgaum to Karwar and vice versa,
and has found that the portion of this road in the Portuguese territory
is gradually deterioratingand has recently becorne most dangerous for
cart traffic either for want of necessary expenditure or for want of
a suitable agency to attend to it. Of the whole stretch of45 miles from
Blargao to Karwar 37 miles (up to the British FrontierCustoms Station
at Majali) run in Portuguese territory,and this portion cannot properly
be identified for want of mile-stones. The portions between the villages
named Kukkalli and Kankon-xg miles-and between Lolieum and
Majali-about 6 miles-are the most dangerous. Here the memorialist
met with a serious accident, in that the cart loaded with the office
kit of the Conservator of Forests, S.C.,which was moving along with
the private cart of the memorialist, suddenly jerked over a protruding
stone on the road and fell a depth of about 15 feet down the valley
by the side of the road causing serious injuries to the cartman, a
subject of the Portuguese territory, the bullocks alço receiving certain
injuries. Witli the help that arrived, the cart u7as brought up. For-
Funately no life was lost, nor was any Government kit damaged. It
1s understood tliat such accidents are of frequent occurrence on these
portions of the road.
Now that a regular Anglo-Portuguese Mail Tonga Service has been
instituted on this road, it being the nearest road from Kanvar, the
capital of the Kanara District, to a Railway Station-Margao-and
as such is growing in importance every day, the road ought to be
made fit even for motor-car traffic, not to speak of bullock cart traffic;
at present, however, it is hardly fit even for pedestrians in most places.
Either the road lias never been metalled or, if metalled at al1 at anyremote clatc, the inetal has al1 heen washed away hy rairi torrents
collectiilg from the hills and cutting nalas across and down the road
in al1 directions, leaving big stones protruding in some places and
knee-deep mud in others. The result is that carts either upset over
protruding stones, or sink into the mire and have to be helped out by
being pushed. If roads are wanted al all, they ought to be well kept.
The portion demanding immediate attention is tlie stretch of19 miles
describecl above, whicli mostly goes winding up ancl dow~i along the
edge ofthe ghats. The alignment of tliis ghat road is said tobe excellent,
it only wants-
(a) Side gut ters-deep ;
(6) Sound uniform metalling;
(c) Catch-water and cross-water drains.
The Margao-Karwar road is equally important to residents of Goa
and to the residents of the Kanara District, the stretch in the Portuguese
territory being much longer than that in the Kanara District, the
road is naturally mostly used by the former. If itis not yet possible
for the Goa Authorities to attend to the road promptly, 1 pray, in
the interests of the general public, that steps may kindly bc taken
to have the Portuguese portion of the road-37 miles-transferred to
the Public Works Department of the Kanara District, the cost of
construction and upkeep being met by annual contribution from the
Government of Goa.
Endorsement by T. K' 1..Bell, Esq., Conservator of Forests, S.C.,
NO. D.-113, dated the 3rst July, 19Ij.
Forwarded with compliments to the Collector of Kanara.
-- . . . . . . 3 3 ,. Endorsement by R. S. Lawrence, Esq., Acting Commissioner, S.D.
No. 3610, dated the 14th August, 1915.
Forwarded with compliments to the Superinteriding Engineer, S.D.,
for favour of remarks.
Endorsemei-it by the Superintending Engineer, S.U.,
No. 2618, dated the 25th August, 1915
Returned with compliments.
2. The Superintending Engineer has no persona1 knowledge of the
road, but unquestionably it is very desirable that it be maintained
in good order. If the CO-operation of the Portuguese Government is
arranged for, the Executive Engineer, Kanara District, will be asked
to inspect the road and submit proposals.
Endorsement b~ H. S. Lawrence, Bsq., Acting Commissioner, S.U..
Eo. 4561,dated the 9th November, 1915. ,
Returned to the Collector of Kanara with compliments.
2.If the Collector desires that the Bombay Government should be
nioved to address the Government of Goa, a full report on the subject
sliould be submitted. The attention of the Collector is invited to
Government Resolution, I'olitical Department, No. 7470 of 14th Oc-
tober, 1891, and Public Works Department, No. K-159 of 4th Decem-
ber, 1897. A review of the past history of the road and of its present
condition would be of assistance to Government in the consideration
of nny practical proposals that may be possible.
Endorsement by G. hfonteath, Estl., Collector of Kanara,
No. 6892, dated the 3rd December, ~qrf;.
Returned with compliments.
z.This is not the first time that cornplaints have l-iad to De made
about the wretched condition of the Margao-Majali road-a distance ol
35 miles-in Goa ter rit orbut al1attempts made hitherto to obtairi
satisfactory results have failed in spite of promises from the Portuguesc:
authorities. As remarked by the Conservator of Forests, S.C.,abovc.
this road iç the only practicable way out of Karwar during a long
period of the year and this fact and the importance of the road as a
mail route to Karwar were recognised as far back as 1885, and after
reference to the Goa Governrnent the major portion of the road seems
to have been constructed for the iirst tirnby 1891 and used as a postal
route-vide Government ResoIutions, Political Department, Nos. 5917,
dated pst July 1891, and 7470, dated 14th October, 1891.
3. Thougti constructed the road soon fell into disrepair, and a
further attempt had to be made to induce the Goa Government to have the road imyroved as it continued to be the postal route and
some real improvement seems to have taken place in 1897-98, vide
Government Resolution, Public Lliorks Department, No. R.-159 of
4th December 1897 and Government Resolution, Political Department.
No. 3123 of 27th May, 1898 (copy of latter is attached for ready
reference). No subsequent correspondence showing later attempts made
by British authorities is forthcoming, but it is understood that the
present mail contractor had been prornised thorough improvement of
the road by the Goa authorities five years ago when heook the contract.
Accordingly there has since been a show of repairs to the road, which
however never really irnproved except the first ten miles from Margao
which pass through plain country. The latest condition of the road
as reported by a postal officia1is given in paragraphI of Post Master
General, Bombay's letter No. 8329 of 11th May 1914 to the address
of the Post Master General, Goa, inthe accom~ianying correspondence,
which will make it clear that there is little hope that the road will
ever improve unless the difficulty is solved by our arranging to take
over the up-keep of the road from the Portuguese Government. It is,
however, unlikely that that Government would ever accede to this
arrangement-still more unlikely if this Government insisted on a
subsidy larger than what the Portuguese Government budget for the
road. It is of equal importance to Kanvar as a mail route and as the
only outlet during the rains as to Goa as a feeder road to the railway.
A contribution from our funds to make up the deficit necessary to
keep the road in reasonably good condition would not be out of place,
if the Goa Government did accede to the above arrangement. There
is now no hope that this district will be provided with a branch railway
in the near future. What apparently happens at present when the
Goa Government budget money for improvement of the road is that
most of the money is not spent on such imyrovernent.
4. When His Excellency the Governor visited Karwar the other
day, the chief point urged by the Karwar Municipality in the address
was the want of proper communications with the outer world, and
His Excellency in his reply promised sympathetic consideration of
this grievance. The taking over of the Margao-Majali road on whatever
terrns the Portuguese Government might consent to, even if this should
entai1 expenditure from Our funds, would be a solution of the difficulty;
but the Collector thinks that this measure would be distasteful to the
Goa Government, and doubts whether the Bombay Government would
consider it advisable to urge it. The only other way is to insist on
adequate provision for improvement on the part of the Goa Govern-
ment and, still more important, adequate supervision. Failing satis-
factory results,provincialisation of the road from Sadashivgad to
Kadra and the establishment of regular passenger traffic between
Karwar and Londa is indicated, but the distance is nearly double.
aiid the expense would bë very considerable.584 ANNEXES TO KEJOINDER (F NO 66)
Endorsemeiit by H. S. Lawrence, Esq., Acting Commissioner, S.D.,
No. 5624, dated the 23rd December 1915,
Submitted to Government.
2. Road commuiiication between Karwar and the West of lndia
Portuguese Railway at Margao is a matter of considerable importance
to the British subjects in Karwar, but is of little importance to the
Government of Goa. It is most improbable that the Government of
Goa would hand over charge of tlie road to British officers; and it
would not be desirable even to make the suggestion. It is possible,
however, that that Government might consent to accept a subsirly
for the mainteriance of the road.
3. This suggestion does not appear to have been yreviously con-
sidered; and there is no estimate on record of the sum that would be
required. It isrcspectfully submitted that when normal conditions of
finance are restored, an offer of this character may be made to the
Government of Goa.
4. Attention is invited to thereyly of His Excellency the Governor
to the address from the Municipal Corporation of Kanvar on the
18th November last.
P.D. Letter No. 1274,datetl the 21st February 1916.
From
The Secrctary to Government, Bombay,
To
The Commissioi~er, S.D.
With reference to your endorsement hio. 5624, dated the 23rd De-
cember 1915.1 am cljrected tostate that owing to tlie financial stringency
caused by tlie war Government are unable at present to consider the
proposal for the improvement and maintenance of the Margao-Majali
road lying in Yortuguese territory. I am accordingly to request that
you will resubmit the proposa1 on the conclusion of the war.
2. The file of papers received with your memorandum uiicler reference
is lierewith returned. AKNEXES TO REJOISDER (F so. 67) 5435
Annex F. No. 67
Page 3.
Translation.
SERVICE OF THE REPUBLIC.
GOVERNMEN OFTTHE STATE OF INDIA.
CABINET DEPARTMEKT
Ko. z/G
Issue No. 14.
Nova-Goa, the 2nd January 1936.
To
The Chief Secretary to the
Government of the Bombay Presidency,
Political & Keforms Department,
Bombay.
As the road Gobari-CanoelKerdi in Nagar-Aveli belonging to the
District ofDamaun is under construction and as it is very desirablto
connect the terminus of this roadin Kerdi to the British road in the
territory ofUdva (Collectorate of Thana), am directed by His Escel-
iency theGovernor General to invite the attention of the Government of
Bombay Presidency tothis matter, which will no doubtaIsointerest very
much the Government of that Presidcncy.
2, Reference to this matter is made in the Letter N4822 of 1929-30
from H. W. Starte. Esquire, B.A., I.F.S.,Conservator of Forcsts,
Northern Circle.
For the Benefit of the Nation.
(Sigfied)Luis DE SOUSA E FARO,
Chief of the Cabinet.
Triie transIation
(Sig~zed)Illegible,
Portuguese Translator to
Government.
Bombay Secretariat,
15th January 1936..?Is6 SNNEXES TO REJOIKDER (P NO. 67)
Page 7.
No. r453/34-A.
POLITICAL AND REFORM SEPARTMENT
Bombay Castle, ~Sth January 1936.
From
C.W.A. Turner, Esquire, CSI., CIE.,
Chief Secretary to the Government of Bombay,
Political and Reforms Department,
'To
The Chief of the Cabinet,
Government of Portuguese India,
Nova Goa.
Subject :-Construction of a road in District of Damauii.
Sir,
1 am directed by the Governor in Council to acknowledge the receipt
of your lettcr No. ZIG, dated the and January 1936, regarding the
construction of Gorbari-Canoel Kerdi road in Sagar-Aveli in the dis.trict
of Damaun, and to state that it is receiving attention.
1 have the honour to be,
Sir,
Your most obedient servant,
(Signedj Illegible.
For Chief Secretary to the Government
of Bombay, Political & Reforms
Department.
--
Page23.
Below Unofficial Reference dated 9-3-1936 from Government in the
Revenue Department forwarding Political and Reforms Department
File No. 01142-A.
Returned.
I.Undersigned consulted the Conservator of Forests, N.C. before
replying as the "Ozhar-Udhwa" File inthis officerevealed the fact that
the Portuguese authorities in their reply to the Conservator of Forests,
N.C. (No. V.H. 502 dated 19th July 1930)refused to allow us to construct
14 miles of road through Portuguese territory, which caused the scrapp-
ing of our original alignment and forced us to make the new alignment
via Saiwan.
z. If the Portuguese Government is allowed to construct a link
between their Gorbari-Canoel-Kerdi road and the Sanjan-Talasai
Udhwa road in British territory-bybuilding one mile of road in British
territory, Daman State Timber will compete very seriously with timber
from Our forests, at Sanjan and Samta, thus, not only leading to heavier
road repair expenses but alço to a serious reduction in future in theprices obtained for timber from Government forests. It must be remem-
bered that our timber will have a longer lead than the timber from the
Daman forests.
3. For the above reasons 1am opposed to permission being granted to
the Portuguese authorities to build their proposed one mile of road
within British lndia territory until the whole situation has been care-
fully considered and suitable conditions imposed before such permission
is granted.
(Signed) Illegible,
Chief Conservator of
Forests, B.F.
U.O.K . o.D/7.
4th April 1936.
The Chief of the Cabinet,
Government of Portuguese India, Bova Goa.
Sir,
With reference to your letter No. ZIG,dated and January 1936, 1am
directed by the Governor in Council to state that the Government of
Bombay do not consider that the connection of the Gorbari-Canoel
Kerdi Road in Nagar-Aveli with the road in Udva in the Thana District-
would be of any advantage to them.
1 have, etc.,
Itd.19-10-36.
Chief Secretary to the Govt. of I3ombay P. & R. Department.
Copies forwarded for information to:-
The Commissioner, N.D. (with reference ...... .)
The Collector of Thana -do-
The Chief Conservator of Forests -do-
Ry order,
(Signed I)Iegible.
19-10-36.
Chief Secretary tothe Government of Bombay.
Political & Reforms Department. ASSEXES TO REJOIXDER (F SO. 68)
Annex F. No. 63
Lettev No. 26 dated the .j~otSeptember,1944 frorn the GoziernorofL)aman
to theCollecterof Castoms and Salt Revenue Ofice,Bombay.
As the measures that have lately been adopted hy His Majesty's
Government in India have caused a terrible up-heaval in the daily life
of the population of the District of Darnao of which 1 am the head, 1
have the honour to ask you to interest yourself, as usely you have been
kindly doing before, in the solution of this difficuit crisis, so that tiie
liardships of the people of this District maybe lessened according to the
principles of justice and liumanitarian justice that ought to obtain
between neighbouring politico-social groups.
Ihave tried my best to avail myself aslittle aspossible of the facilities
and concessions that the Government of British India has granted for the
provisionment of the Portuguese Colonies in India. Notwithstanding,
1do recognize that our difficulties have been favourable solved hy your
Governmcnt, and for this, in my own name and in the name of the
population I govern, 1 must tender sincere thanks. 1 now refer to the
total prohibition of the import of any commodity from the neighbouring
territoryof Vapi into the territory of the District of Darnao. 1 have
reasons to believe that this dificulty has found a solution as far as
jmports in large quantities are concerned. However, large importations
into Damao are rare, as Damao supplies itself chiefly from the neigh-
bouring town of Vapi, in small quantities. There may be one or two
mcrchants with sufficient capital to avail themselves of the permits
granted for the importation of commodities on a large scale. But this
will not solve the crisis, as it will represent a monopoly prcjudicial to the
poorer memhers of the population, as these big merchants always find
a way to evade the restrictions imposed by the food controllers.
The situation of the cornmon day-labourer and the poor passenger,
who always olitained commodities from Vapi to supply their srnall needs,
is indeed criticalas the cxport from Vapi of any commodity whatsoever
is totally forbidden; this prohibition isorigidly enforced by the frontier
custom officers, that not cven afruit or the smallest quantity of any food
stuff is allowed to pass the barrier. And the fact that at the present
moment not even merchants are allowed to imyort any cominodity from
British India makcs the situation very grave indced.
Having full trust in the sensc of justice and sound judgment with
which the Government ofTndia deals with any matter submitted to its
dccision and firmly helieving you will rightly appreciate the difficulties
herein presented, 1 beg you to exert yoiir kind offices for their urgent
solution, so that facilities may be accorded to foot passengers and othcrs
at the Frontier Customs for the import of any comrnodity for persona1
'use.
With anticipated thanks for an early disposal,I have the honour to be. Copy 01Express letter No. RP 324 dated 15-1-45from the Governmentof
Indin, Department of Food.
Subject:-Export of foodgrains from Nagar Aveli to Daman.
Reference correspondence resting with this Department telegram
No. P.A. 324 dated 20th November, 1944 on the above subject.
2. It was proposed to permit exyort of rice and other foodgrains from
Nagar Aveli to Daman provided the consignments were covered by
passes issued by the Administrator of Nagar Aveh certifying that they
were local produce sent from Nagar Aveli to Daman. Before doing SO,
hourever, it was considered desirable to consult the Bombay Govern-
ment. The Bombay Government have agreed to the above proposal
subject to the folloaing conditions: (a) That the consignments are
covered by certificates issuedby the Administrator of Xagar Aveli giving
the name of the consignee, the name of the foodgrain, and the quantity. ,
Advance copies (in English) of these certificates should he forwarded to
the Manager, Custom House, Challa, the Excise Sub Inspecter, La-
vachha, (who will check these consignments) and the Collector of Surat.
(b) That the above arrangement will corne into force ifthe Portuguese
Government agrces to allow consignments of foodgrains and other
articles from the British villages of Pardi Naha1 to pass through the
intervening Portuguese territory when accompanied by a similar valid
permit form the ?Jahalkari.
3. The case has been referrcd to the Portuguese authorities. The
dccision of the Government of India \vil1be intimated to you as soon
as the views of the Portuguese authorities are received.
CoPy of letter No. BP 324 dnted 16.3.45 from the Governmentof India,
Department of Food, to the ExPort Trade ControEler,Bombay.
Subject:-Export of food grains from Nagar Aveli to Damari.
Reference this Department Express letter No. BP. 324, dated the
15th January Ig4j on the above subject. Thc Portuguese India Govern-
ment have now intimated that they agree to the condition specified in
para 2 of this Department letter referred to above, escept that advance
copies of original certificates cannot he forwarded in English, as the
originals are made out in Portuguesc. Certificate issued by the Adminis-
trator of Nagar Aveli giving the naine of the consignee, name of the food-
grain, and the quantity will be accompanied by a translation in English.
It is considered that this procedure would serve the purpose in view.
2. Exports from Nagar Aveli to Daman through the intervening
territory in the Bombay Presidency may now be permitted subject to
the two conditions specified in this Department Express letter referred
to above as modified in paragraph I above. The Bombay Government is
heing informed separately. Annex F. No. 69
No. 13-6.
British Vice Consulate,
Morrnugao, the 24th May, 1946.
From
H.B.M's Vice Consul in the
Portuguese Possessions in India,
-ro
The Under Secretary to the
Governmc~it of India in the
External Afiairs Department,
New Delhi.
Subject :-Supply of Commodities to the Wagar
Aveli Pargana of the District of Daman.
Sir,
1 have the honour to invite a reference to your letter No. D. 9213-
FEI45 dated the 28th November, 1945. Thc Portuguese India Govcrn-
ment state that they are of opinion that the same yroccdure .as is appli-
cable to Goa, Daman and Diu should be made to apply to the Kagar
Aveli Pargana, and add that the British authorities should not allow
goods to enter Kagar Aveli unlcss the importer produce a sirnilar decla-
ration as in force at Goa.
2. They add that the declaration would be counter-signed by the
Civil Administrator of Nagar Aveli.
3. 1 would feel pateful if you would kindly let me know if this is
acccptable to the Government of India, so as to enable me to inform the
Yortuguese India Government.
1 have the honour to be,
Sir,
Your most obedient servant,
(Signed) C. KYTE,
H.R.M's Vice Consul. .4SSEXES TO REJOISDER (F NO. 70)
591
Annex F. No. 70
FOREIGNDEPARTMENT OF GOVERNMEN TF INDIA--PROCEEDINGS,
POLITICAL A, JANUARY 1880,No. 476. LETTERNO. 2419-E.P. DATED
15th SEPTEMBE1 R879 (FKOM FOREIGN DEPARTMEN TO ROMBI~Y
GOVZKKMENT)
No. 476.
No. 2419. E.P., Dated Simla, 15th September 1879.
From
Trevor Chichele Plowden, Esq., Under Secretary to the Governrnent
ofIndia, Foreign Department,
To
Secretary to the Government of Bombay, Political Department.
In continuation of the corrcspondenceendingwith letter No. 2354-E.P.,
dated 5th September 1879, from this Deyartment, 1 am directed to
address you upon the subject of the latter part of ArticlXVIII of the
Treaty lately concluded with the Portuguese Government.
2. Under the cnactrnents of the two laçt paragraphs of that &ticle,
it is necessary to drawup rules in communication with the Government
of Portuguese India for regulating the exportation of arms, ammunition,
and military stores from the Indian dominions of one of the High Con-
tracting Partiesinto those of the other, aiid to furnish the Governor-
General of Portuguese India with a list of the Native States to be ylaced
in respect of these cornmoditieupan thesame footingas British India.
3. The points to be dealt with arc the passage of arms &c. (1) from
Portuguese territory into the districts of British India, and into Vative
and Foreign States, and (2)from British lndia into Portuguese territory.
4. As to Native and Foreign States, it is desirable that the Goa
Government should agrec to regard these States in the same light as
they are regarded by the British Government, arid to prohibit the expor-
tation to them of arrns,ammunition, or military stores, escept under
license from the Bombay Government, the fee for such license being
paid to the Goa authorities.If the State for which the arms, &c., were
destined, shouldhe situate within the political jurisdiction of His Excel-
lency thc Governor of Bombay in Louncil, the decision of the Bombay
Government as to the grant or refusai of a license wouId be final;in
other cases the application for a Iicense should be referred to the Govern-
ment of lndia in the Foreign Department. As regards the districts of
British India,a further communication ~villhe addressed to yoiiby the
Home Deyartment.
5. There remains the question of the supply of arms, &c., tolGoa, and
on this point Iam to rcquest that you will obtain and subrniwith the
opinion of the Bombay Government the views of the Goa ailthoriti$s.
The Government of India are inclined to think that if tGoa authorities
are willing to place the restrictions upon exports out of Portuguese terri-
tory described in paragraph4 of this lctter, there will be no necessoty,
far as the British Govt. is concerned, to rcstrict thc supply of arrns, kc.,
to Goa. They desire, Iiowever, to be favoured with the opinion of the
Governrnent of Bombay on the whole question.
-- A?;'TESES TO REJOISUER (F SO. 70)
592
BO?~~BA PY LITICAID,EPARTMEN VTOL.NO.189 OF IS~~-COMP. NO. 1347
4484. No. 4880 of 1879.
POI~~TICX DLEPARTR.ZENT,
Bombay Castle,
17th October, 1879.
To
The Secretary to the Goirernment of Tndia,
Fareign Department.
Sir,
With referencc to your letter No. z~+rg-E.F'.d,ated the 15th riltimo,
on the subject of the passage of arms gic.(1) from Portuguese territory
into the districts of British lndia and into Native and Foreign States and
(2)from British India into Portuguese territory, under the Treaty lately
concIuded with the Portuguese Governrnent; 1 am directed to intimate,
for the information of the Government of India, that in the opinion of
this Government it is of the utmost importance to discourage by al1
possible means the importation ofarmsand ammunition from Portuguese
territory into either British territory or any native State. At present a
most thorough and salutar check upon the importation and distribution
of arms has been effected by the operation of the new Arms Act and the
Rules passed iinder it-One result of the new Act will probably be to
kill entirely the import trade from Europe of cheap arms previously
carried on by native dealers in Bombay. But if arms arc allowed to be
exported from Bombay to Goa and thence to filter through into British
territory and native States much of the good effected by recent legis-
lation and rules will be ncutralized. Rules mayof course'be agreed upon
to regulate the export of arms from Goanese territory into adjacent
British or native foreign territory but Government can have no satis-
afactory guararitee that those rules will be strictly enforced by lowly paid
Subordinate officials of another State. The trade in arms is profitable,
or rather was sa until the duty ofRç. jol- per gun was Iately imposed.
H.E. the Governor inCouncil does not gather from the treaty that the
duty on articles çiich as arms for instance imported direct froin Europe
into Portuguese territory shall be equal to the duty imposed on such
articles when irnported into British India. In the absence of any such
provision a gun worth Rs. 201- (inclilding cost of freight &c) could be
sold for that sum at Goa whereas it could not be sold in British territory
if lawfully imported, for less than Rs. 70!-, being its value plus the
amouiit of duty paid on it. This at once supplies an incentive for s~ug-
gling arms from Goanese into British India, and a basis for an illicit
trade in arms so profitable that the dealers could we11afford to resort to
bribery to get their arms across the frontier.
2. For these rcasons, 1 am to state that in the opinion of H. E. the
Governor in Council, it is expedient that al1importation of arms &c.,into
Rritish India and native and foreign States from Portuguese India SI~OU~C~
be absolutely prohibited.
(Itd.)Illegible. (Itd.)Illegible.
11.10.79- BNNEXES TO REJOINDEK (F S0. 70) 593
FOREIGN DEPARTMEN GOVERKMEN OFTINDIAPROCEEDING POLITICAL
'A',OCTORER 1,880Nos. 951103
No. 96.
Xo. j7 P., dated Rombay Castle, 20th October 1879.
From :
J. Nugent, Esq., Acting Secretary to the Government of Bombay,
To :
A. C.Lyall,Esq., C.B., Secretary to the Govcrnment of India, Foreign
Dept.
With reference to my letter No. 4880, dated the 17th instant, on the
subject of the exportation of arms, ammunition, and military stores from
Portuguese into BritishIndia, 1am directed to state that the provision
inthe tariff annexed to the treatyrelating to the duty to be leviedon
arms was accidentally overlooked. The result of the insertion of this
provision is to render arms imported from Europe into Goa liable to the
same duty as if they were imported into Bombay, and consequently
there would appear to be less riçk than was contemplated of any contra-
band trade in arms from Portuguese int~ British Tndian territory
springing up. At the same tirne, liowever, this Government1 am desired
to add, adhere to the opinion already expresçed, that it is on the whole.
desirable not to permit of the exportation of arms from Portuguese into
British India.
No. 9s.
No. 1728I.P., dated Simla, 26th November r879.
From
Lieut. T. Hope, Offg A,sstt. Secy. the Govt. of ~ndia, Foreign Dept.,
To
Secretary to the Government of Bombay.
1am directed to acknowledge reccipt ofyour letter, noted in the margin,
i\'o 4880. dated 17th October, 1879. regarding the importation of
No. 57 P., dated 20th October, 1879. arms, kC,, from Fortuguese
India into India, &c,
2. In reply, 1 am to Say that the Government of Indiacoiicurwith
His Excdlency the Governor of Bombay in Corincil that it is expedient
to permit no importation of arms, ammunition, and military stores from
Portuguese lndia into British India or into Native Indian States. I am
to requeçt, therefore, that Mr. Crawford maybe instructed to communi-
cate with the Portuguese Government to this effect, and to arrange for
the prohibition of al1 exportation from the Goa territories into British
India. Furthermore, with regard to the clause of ArticleXVIII concer-
ning "the lisof Native States to be placed in respect of arnls, ammunition,
and military stores upon the same footing as British India", 1 am to
say that the Government of India desire that al1 Native States alike
should he placed on the same footing as British India; and I am to594 ANKEXES TO REJOINDER (F NO. 70)
request that the necessary communication may be made by Mr. Crau.-
ford to the Governor-General of Portuguese India.
3. In respect of the importation of arms, &c., into Native States
having a sea-board generally (Le. ayart from the special arrangements
possible under Treaty anent importation from Portuguese India), 1
am to say that strict measures should be adopted to proIlibit any such
importation unless covered by a license, except in the case of impor-
tation which are exempted from license under the second clause of
Section 6 of the Indian Arms Act. The license, when granted, should
always be signed by the responsible Political Officer. Upon this condition
it willbe for the Bombay Government to direct, if thisappears expedicnt,
that no arms shoiild be irnportedby sea to any Native State except from
Bombay.
4. It is considered verp important that the introduction of arms into
foreign parts on the lndian sea-board should be very closely supervised,
not sa much with reference to the armaments of the yetty sea-board
States as to the risk of contraband traffic into British India. As the rules
under the Arms Act stand, the importation of arms by land into British
India stands prohibited by Section 6 of the Act. But as abovc indicated,
it is the illicit traffic that requires special watcand the provisions
of the Act and Rules should receive careful attention in the districts
whose frontier marches with Native States.
NO. 1729 1.Y.
Copy forwarded to the Home Department for information.
Copy of correspondence forwarded to the Madras Government
for iriformation.
No. IOO.
No. Art. XVIII-1, dated Ribandar, 16th Dccember 1879
From
Arthur Crawford, Esq., British Delegate for the Portuguese Treaty,
To
His Excellency Senhor A. A. D'Aguiar, Portnguese Delegate.
With reference to His Excellency the Governor General's letter to the
Governor of Bombay, Xo. 57, dated the 3rd November 1879, 1 am
directed to comrnunicate to you, for the information of His Excellency,
that the Government of India assents to the proposa1 that the export of
arms, ammunition, and military stores frarn Portuguese to British India
or the Native States shallbe wholly prohibited. AKNEXES TO REJOINDER (F NO. 70) 5 95
2. It follows that, so faras the British Indian Government are con-
cerned, no rulcs have to be prescribed under paragraph 4 of Article
XVIII of the Treaty.
3. With regard to paragraph 5of that Article, 1 am directed to state
that al1Native States are placed on the same footingas British India.
4. With regard, however, to the rules which His Excellency the Gover-
nor-General of Portuguese India proposes with reference to the export
of arms, & c.,from British into Portuguese India, 1 am directed to
enquire whether it is absolutely necessary, in the opinion of His Excel-
lency the Governor-General, that they should be formally approved by
His Most Faithful Majesty the King of Portugal and the Algarves.
An early reply is solicited on this point.
No. 57.
To
The Most Illustrious and Excellent Sir,
R. Templc, Bt. K.C.S.I.,
Governor of the Presidency of Bombay.
Most Illustrious and Excellent Sir,
1 have the honor to acknowledge the receipt of I'our Excellency'
Despatch No. 4745, Political Department, dated 9th October last, and
with reference thereto, tostate as follows:-
1.-That as the advantages to be derived by restricting, as much as
possible, the introduction jnto Portuguese India of arrns, ammunition
and implements of war, are common to both countries and in harmony
with the provisions of para. qof ArticlXVIII of theTreaty of Commerce
lately concludedbetween His Most Faithful Majesty the King of Portugal
and the Algarves and Ber Imperia1 Majesty the Empress of India and
Queen of Great Britain, I consider such restriction advisable, and your
Excellency has my consent in prohibiting the exportation from British
into Portuguese India of arms and war Iike stores and implements,
excepting however when such articles are directly demanded by this
Government forits exclusive use.
2.-That in al1 future regulations that may be issued in Portuguese
India on this subject, there shall be included orders prohibiting the
importation into this territory of revolvers, muskets and other firing
arms, excepting when such are intended forthe use of this Governrnent,
or when the exportation of such arms, ammunition &c. from British
into Portuguese India has been permitted by a special license signed by
the Chief Secretary tciGovernment.
3.-That 1 duly note what is stated in your Excellency's despatch
under acknowledgment, and consider that for the present it is advisable
to prohibit altogether the exportation of arms, ammunition and warlike
implements from Portuguese India into any District in British India.
4.-AS to the manner of proceeding in this matter with native States,
1 beg to invite Your Excellency's attention to Article IV of the new596 ANNEXES TO REJOINDER (F NO. 70)
Treaty of Commerce, and to state that the provisions contained in the
articles aforesaid will faithfully observed by this Government and
these States considereas British Districts on His Excellency the Gover-
nor General of British India stating which of them shobedso regarded.
1 have the honor to be,
with the highest consideration,
Your Excellency's most obedient and humble servant,
(Signed) Caetano Alex. D'ALYEIDA ALBUQUERQUE,
Governor General.
New Goa,
3rd November, 1879.
(True Translation.)
(Signed I)legible,
Portuguese Translator to Government. ANNEXES TO REJOINDEH (F NO. 71)
Annex F. No..71
Boilisau POLITICAD LEPARTMENT
VOL. 24 OF 1894.COMP .O. 821
Page 346.
No. 2139-1. Dated Simla, the 26th Julie, 1894.
From
A. Williams, Esq., Under Secretary to the Government of India,
Foreign Department,
To
The Secretary to the Government of Bombay, Political Department.
1am directed to invite a reference to the correspondence ending with
tlieletter citedin themarginreçar-
Foreign Dcpartmeiit letter ding the grant of licenses to two
No. 1995-1, dated the Bombay firms for the import of
13th June 1894. dynamite and fuse from Goa
into Bombay.
z. I am now directed to address you regarding the retention of
rule 7 (A) of the rules published under tfie Indian Arms Act, and to
invite a reference to the correspondence ending with the endorsement
from the Governrnent of India in the Foreign Department, No.404-1.P.,
dated the 23rd April, 1880, from which it will be seen that the rule
in question was introduced at the suggestion of tht: Government of
Bombay with a vieu. to give effect to the arrangements made untler
clauses 4 and 5 of Article XVIII of the Goa Treaty of 1878. The
Government of Bombay were then of opinion tIiat it was desirabte to
prohibit the exportation of arms and ammunition from Portuguese
Indis into 13ritish India or into Native States, and this view was
concurred in by the Government of India.
3. The Goa Treaty is no longer in force, and, in view of the action
taken in respect of the applications for licenses received from Messrs.
Adam-ally Sultanally and Messrs. Essufally Muhammadally & Co., it
would appear that, in the opinion of the Bombay Government, there
is rio longer any necessity for retaining clause (a) of r7l(A) of the
Arms Act Rules; and I am to enquire ahether, inthe opinion of His
Excellency the Governor, there is any objection to clauses (a) and (b)
of that rule being cancelled.
'Ièlegram No.2916-I.,dated the 24th August, iSg4.
From
Foreign Secretary, Simla,
To
Political Secretary, Bombay, Poona.
2916-1. 170urtelegrarn 320.P of ~3rd. Period of validity of licerises
may be extended to 30th October. ANXEXES TO REJOIKUEK (F NO. 71)
598
No. 3853-1..dated Simla, the 29th October, 1894.
From
E. V. Levinge, Esq., Officiating Under Secretary to the Government
of India, Foreign Department,
To
The Acting Secretary to the Government of Bombay, Political
Department.
1 am directed to acknowledge the receipt of Mr. Lee-Warner's letter
No. 6121, dated the 29th September, 1894, stating that the Govern-
ment of Bombay desire to retain clause (a) of rule7 (A) of the rules
framed under the Arms Act, but that they have no objection to clause
(b) of tl-iat rule being cancelled.
2. In reply, 1am to Say that the opportunity will be taken to caricel
clause (b) when the nest arnendments are made in the Afms Act Rules
in January, 18gj.
No. 6121
B.C. zgtti September, 1894.
To
The Secretary to Government of India, Foreign Department.
Sir,
In replying to your letter Ko. 2139-1, dated June 26,1894, inquiring
whether clauses (a) and (6) of Rule .j-A of the Arms Act rules are any
longer needed, in view of the termination of the Goa Treaty of 1878,
1 am directed to observe that the recent sanction to the importatiori
of explosives from Marmagoa was exceptional. There are circumstances
connected in the storage at Marmagoa of dynamite, which differ
altogether frorri the coiiditio~is, whicli rule 7-A was meant to meet.
Although the Goa Treaty is at an end, this Governmcnt, looking at
the unprotectivc frontier of Goa, where it merges with the native
states and with a forest tract of British India, would view with regret the
removal of any obstruction to the export from Goa territory and
consequent importation into British India of arms, ammunition or
military stores. Dynamite is in one sensc "military stores"; but it is
rather a matter for the Explosives than for the Arms Acts and fiaving
assisted to reduce a large stock of dynamite accidentally retained at
hlarmagoa, it is probable that this Government will not again ask for
further licence of import of this claçç of stores into British India. from
thence. With regard to the export of arms and ammunition from British
India, the case is differentSuch exports would not be asked for unless
the Goa authorities u7ere prepared to admit the import; and even if
tlie rules allow the export and the port authorities admit the import,
it would be open to the Rritisli Government to refuse a licence.. lt
might happeri, on the other hand that the trigonometrical party working
in Goa territory might desire to obtain ammunition from Bombay. or
elsewhere. Under these circumstances, this Government whilst desiring
to retain 7-A(a) lias no objection to the cancellationof rule 7-A clause
(b).1 have, etc. ANNEXES SO REJOINDER '(P KO. 72) 599
Annex F. No. 72
SIMLARECORDS I-I~~~-GOVERNME?~T OF INDIA,HOME DEPARTMENT
-PURL~C-A,-PROCE~VINGS ,UGUST 1909,Nos. ~~I-~O~-REVISIOK
OF THE RVLES UKUEK THE INDIAN ARMS ACT, 1878
Pages 19-21 Notes.
OfficeMemorandum from the Foreign Department, Ko. 1353-I.C.,
Dated the 3rd April,1908.
With reference to the unofficial memorandum from the Home
Department, no. 44, dated the
Pub. A.,Mar. 1907 ,os,66-78, 1st March 1907, the undersigned
isdirectcd to Say that, subject
to the following remarks the Foreign Department accept gerierally
the proposed amendments to the rules framed under the Indian Arms
Act, XI of 1878.
2.As regards Rule 7 the Foreign Dcpartment see no reason why
importation from Portuguese India should not be allowed under tlic
signature of the Home Secretary. The undersigned is also to suggest
that before the amendments, which have been made in parts A (19
and 20) and C (7 to IO) of the First Schediile, are finally adopted,
the approval ofthe Government of the Punjab miglit be obtained to
the entries as they have now been drafted.
3. As soon as the revised rules have been published and colne into
force in British India the question of their application to areas
administered by the Foreign Department, in which the existing rules
are at present in force, miIl bc taken into consideration.
4. A copy of the enclosures to Foreign Department eridorsement
no. 1gj7-I.C., dated the 16th May 1907, will be forwarded for record
in the Home Department.
111rule 7 of the revised rules it is laid down that"a license shall
11ot be grantcd for the import of any arms, ammunition or military
stores from Portuguese India".
Pub. il.,nec. 1go4, nos. 177-178. Please see paragraph 7 of blr.
Pub. A., Nov. 1881, nos. 153-154. Greeven's memorandum and the
Pub. A., Mar. 1895, rios. 230-2381 corresponding rule VI-? A of the
existing rules. The rule was
originaIly made in 1881,at the suggestion of the Foreign Dcpartment,
in accordance rvitti a provision of the Goa Treaty of 1878. In 1894
it was proposed to abolish thc rule altogether as the Goa Treaty was
at an end. But the Government of Bombay wlio were consulted in the
matter opposed it in the following terms:-"Although the Goa Treaty
isat ari end, tiiis Government, looking at the unprotected frontieof
Goa where it marches with the Native States and witli a forest tract
ofBritish India, would view witli regret the removal any obstruction
fo the export from Goa territory, and coiisequcnt importation into
British India, of arms, ammunition or mititary stores." The rule was
therefore allowed to stand.600 INNEXES TO REJOINDEK (F NO. 72)
2. The Foreign Departmerit now states that it sees no reason why
importation from Portuguese India shouid not be allowed under the
signature of the Home Depart-
Pub. A., Mar. 1907 n,os.60-78. ment. The Secretary (Sir Herbert
Risley) also enpressed the opinion
that the absolute prohibition seemed to go too far, and lie therefore
agreed to allow importation under the Home Secretary's signature.
The proposa1 of the Foreign Department may therefore be accepted
and draft ruIe 7 amended by the addition at the end of the words
"save by special order certified under the signature of the Secretary
to the Government of
T think we ought to consult Bombay.
They are very touchy on such questions India in the Home De-
partment", cf.rule8 (1)
and they opposed the abolition of this (b). It is, however, for
restriction before. consideration whether
G. Fell,- z5-4-08. "Foreign Department"
shouId not be substi-
tuted for "Home Department" and whetlier the Government of Bombay
should not be consulted before the amendment is finally made in
the rule ... ... .
Unless office see any objection we must consult the North-West
Frontier Province also about the revised entries in schedule 1, partsA
and C. 1 think this had better be done officially in both cases. Please
put up draft, explaining rather more fully the reasons for the changes.
z. Please put up a draft to Bombay about the import of arms from
Portuguese India referringto previous correspondence.
3. After issue of these drafts 1 wiIl deal with the other points
mentioned in the office note. There will be no neerl to delay the further
consideration of tlie case pending receipt of replies on these minor points.
G. FELL,-2 5-4-08.
Drafts to tlie Governments of Bombay and Punjab are put up. SO
far as the North-West Frontier Province is concerned this Departmeni
does not correspond with the Agent to the Governor-General and
Chief Commissioner on the subject of the Indian Arms Act, 1878. An
endorsement has therefore been added to the draft letter to the Govern-
ment of the Punjab, forwarding a copy to the Foreign Department
with the request tliat the opinion of the Agent tothe Governor-General
and Chief Commissioner may be obtained and furnished to thisDepart-
ment at an early date.
C. C. S.,-30-4-08.
1 think it will Save tirne if we prepare a draft to the Agent to the
Governor-General and Chief Commissioner, North-West Frontier
Province, on the lines of that to the Punjab, and then ask Foreign
Department to be so good as to issue it. \Ve are more familiar with
the case than the latter Department. Please draft.
G. FELL,-1-5-08. Ilraft to the Agent to the Governor-General and Chief Commissiorier,
and North-West Frontier Province, is put up.
.C.C. S.,-1-5-08.
Tliree drafts, which explain themselves, are submitted for approval.
Pending receipt of the replies1 will examine the remaining points for
consideration in connection with the revision of the rulesu~ider the
Arms Act. The case willthen have to go to Legidative Departmelit.
1 would not propose the abolition of draft rule 7 prol-iibiting import
from Goa. I heardas Director, Criminal Intelligence, that those notorious
gun-runners Fracis, Times & Co., were running their steamers, the
Baluchista~i, Afghanistan, etc., to Goa and 1 would do nothing to
facilitate the import of arms through Portuguese territory, or even
to suggest such importation. Bombay objected in rSg4 and theobjections
arc slightly stronger now. The other drafts may issue.
Ta the Government of the Punjab, No. 1082, clated the 6th May
I908.6ù2 ASKEXES TO REJOINDER (F NO. 73)
Annex F. No. 73
No. 2995. Dated z~st 31ay/g4.
To
The Secretary to the
Government of India, Foreign Department.
Sir,
In transmitting herewith an applicatioii from Adamaily Sooltanally
of Bombay, dated the 25th April, 1894, fora license to import2500 ibs
of dynamite from Goa into Bombay (Hog Island) I am directed to
explain that Dynamite falls both under the Arms Act, 1878, and the
Explosives Act of 1884 under Kules 8, IO, 13, and 14 of the Kules for
the importation of Explosives laid down in the Xotification of the
Government of India, Home Department, No. 1417 datcd the 24th June,
1887 is within the cornpetenceof the Local Government to grant licences
for the importation by sea into British India of dynamite subject to
the conditions laid down in Rule 14-But Rule 7A of the rules under
the Indians Arrns Act lays down that nothing in rules 5, 6, 6 Cor 7 of
those rules shall be deemed to authorize the grant of licenses to import
any arms, ammunition (which term includes dynamite) or 3Iilitary
Stores from Portuguesc India. As the present application appears to
be governed by the latter rule rather than by the rules under the Ex-
plosives Act and as Section rj of thc Explosives Act lays down that
nothing in that Act shall affect the provisions of the Indian Arms Act
IS~S, 1 am to subrnit the application of Adamally Sooltanally for disposal
by the Government of India.
' I have, etc.,
- (Signed) Illegibie.
No. 2996 of z~st Nay, 1894.
Copy to the Revenue Department.
(Signed) Illegible.
BOMBAY POLITICAL UEPARTMEX1T 8,94,VOL. 24,
COJIP. NO. 821, PAGE 311
Telegra~n No. 130: P. Dated the 7th June, 1894.
To
Foreign: Simla.
No. 130 P. My Ietter 2995 datecl AIay 21. Adamally Sultanaliy now
asks for license to cover8000 Ibs. Dynamite instead of 2j00 lbs. Please
grant license accordingly. ANNEXES TO REJOISDER (F KO. 73) 603
Kohzs.4~ POLITICA LEPARTMENT I,894,
VOLU>IE NO. 24, COMP . O.821, PACE 343
No. 3223. Dated 3rst May, 1894.
To
The Secretary to the Government of India,
Foreign Department.
Sir,
Adverting to my letter No. 2995, datcd the z~st Blay, 1894, 1am
directed to forward, for favour of disposa1 by the Government of India,
an application datedthe 9th Apri1894,from Essoofa!ly MahomedalIy &
Co., for a license to import from Goa into Bomba12,150coils of Fuse.
1 have, etc.
--
No. 3224, dated 31st May, 1894.
Copy to the Keveiiue Department with referencetothe 3lemorandum
from that Department No. 4493, dated the 21st May 1894 and the
Memorandurn from this Department No. 2996 of the same date.
--
BO~IBAY P,OLITICA LEPARTMEKT 1, 94,
VOLUME No. 24, CO~IP.No. 821, PAGE 34j
No. 1995-I.,dated Simla, the 13th June 1894.
From
A. Williams, Esq., Under-Secretary to. the Gorernment of India,
Foreign Department,
To
The Secretary to the Government of Bombay, Political Department.
With reference to your communications noted in
the margin,
Letter No. 3223, dated the 31st hlay 1Sg4.
Telegram No. 130-P. d,t. the 7th Jupe,94. 1 1 am directed
to forward, for delivery (1)-4damally Sultanally and Essufally Muha-
madal1y & Co., of Bombay, licenses for the import from Goa into
Bombay of 8,000 Ib. of dynamite and 12,150 coils of fuse resyectively.
2. The fee leviable in respect of a license granted for the imofrt
arms or ammunition into a British port iRs. IO,and 1 am to request
that that amount may be recovered from AdamalIy Sultanally before
their license isdelivered to them. The application from Essufally Muham-
madally & Co.,was written on stamped paper of the value of 5only,
and further sum of Rs. 5should therefore also be recovered from that
tirm. 1am further to request that coluNo. 2 in the iicense for Messrs-
Adarnally Sultanally may be filled in by the Bombay Government as
the Governrnent of India have not been favoured with the necessarq-
information to enable them to do this. AXNEXES TO REJOINDER (F X0. 74)
Annex F. No. 74
BO~IBAY POLITICA LEPARTMEN 19T13
VOLUM3 E8, COMPILATI OON.1614
CON~ULAU GERAL DE PORTUGAL
NA INDIARRITANICA. Bombay, 11th August 1913.
The Secretary to Government,
Political Department,
Bombay.
Sir,
The Portuguese Government, in order to rneet an urgent requisition
of the Government Hospital at Diu, have se5cases containing sulphur
and other medicines to Diu via Bombay. 1t appeathat according the
reguiationin force,a special licence passed by the Commissioner of
Police is required in order getthe clearance of those cases; and the
said medicines are required at Diu very urgently on account of plague,
1 should feel highly obliged to you if you kindly instrilct the Commis-
sioner of Police to grant that licence urgently.
1 have the honour to be,
Sir,
Your most obedient servant,
(Signed Consul General for Portugal.
CONSULADG OERAL DE PORTUGAL
NA INDIABRITANICA. Bombay, 19th August 1913.
The Secretary to Government,
Political Department,
Bombay.
Sir,
In addition to my last lett1rhave the honour to inform that the
Police Commissioner advises me to get two licences one for import and
theotherfor export of the five cases of sulphur weighing at present ten
indian maunds and not Pounds as stated in my previous letter, sent
by the Government of Goa in order to meet an urgent requisition of
the Government Hospital at Diu, and as the licence passed for the
exportis by sea 1herewith return itto you and request to be kind
enough to pass both thequired licences for the said cases from Bombay
to Viravolby rail and from there to Diu by road.
\ Thanking iri anticipatiori.
1 have the honour to be,
Sir,
Your most obedient servant,
(Signed) Consul General.
1Destroycd. ANNEXES TO REJOINIjER (F NO. 74) 605
. Sz~bwzitted.
The Consul was granted a license to send the consignment of sulphur
to Diu by sea (vide precedent at p. 9of Cn. 677112 B)ut he Ilas subse-
quently ascertained that no steamers ply between Bombay and Diu in
this scason and hns applied for a fresh license to send the consignment
by land. If the consignment is allowed to be sent by land then2 licenses
willhave to be granted vizone to import thc consignment into Bombay
and the other to export it out of Bombay. Attention is invited tRule 7
of the Indian Arms Kules under which a license cannot be granted to
import from Portugiiese India any arms ammunition or military stores
except explosives required for blasting purposes. Sulphur cornes under
the definition "military stores".In view of this ruIe it does not seem
to be within the cornpetency of thisGovt. to grant the licenses required
by the Consul. Eut as the sulphur is required for medicinal purposeç
perhaps the Consul's application may be forwarded for the order of
the G. of 1. and the Consul inforrned accordingly.
(Intd.)
zo/S.
The license issued to the Coiisul General forathe export of6 maunds
of sulphur by sea to Diu may be cancelled and the Commr. of Police,
Bombay,and the A. G.Kathi, and Collr. of Custorns, Bombay, informed.
A draft letterto the G. of 1. with f.c. is put up. It mai be issued
fro~n Poona to save tirne.
(Intd.)
2018.
(Submitted thro' J.D.)
Seen in J.U.
(Intd.)
2018 zriSI13.
No. 128P.
POLITICAD LEPARTMENT.
B.C., 22nd August 1913.
The Secy to the G. of India
Foreign Department.
Sir,
1 ain directed to inform you that the Govt. of Portuguese India have
forwarded from Goa to Bombay en rohtts to Diu 5 cases containing
IO maunds of Sulphur for urgent use in the Govt. hospital at Diu, and
that Consul General for Portugal has requested that he may be granted
the necessary licenses as early as possible authorising the importation
of the sulphur into Bombay and its export by rail to Diil. The irnporta-
tion of the sulphur into British India from Portuguese territory. is
prohibited under Rule 7 of the Indian Arms Rules, rgog, as the quantity
exceeds the lirnit prescribed by the Bo. Govt. in their Not. No. 4574
dt. the 20.6.12 J.D. But as in the preçent case the sulphur is required
40 606 ANNEXES TO REJOINDER (F KO. 74)
solely for medicinal purposes owing to an outbreak of plague at Diu,.
1 am tu request that the G. of 1. may be moved to accord very early
sanction to the importation of the sulphur into British India.
1 have, etc.
O.C. (Signed)
Secretary to Government.
From
C. W. E. Cotton, Esq.,
Deputy Secretary to the Government of India,
To
The Secretary to the Government of Bombay,
Political Department.
Home Department
(Judicial. Simla, the 4th September 1913.
Sir,
Addressedtothe Inreply to your letter no128-P., datedthe August 1913, 1am directed
mentignDepart-to say that the Governnient of India sanction the importation by the-
Consul General for Portugal into British India from Portuguese India_
of IO maunds of sulphur reqiiired for use iii the Government T-Tospitaat.
Diu.
1 have the honour to be,
Sir,
Your most obcdient servant.
(Signed) CC. W. E. COTTON,
Deputy Secretary to the Government of Indiri.. ANNEXES TO REJOINDER (F NO. 75) 607
Annex F. No, 75
BOMBAY POLITIC:IL DEPARTMENT 1913 VOLUME 38. COMP~LATION
No. 1636
CONSULAD GOERAL DE POKTUGAI.
NA Ixu1.4INGLEZA.
Dztfilicate. Bombay, 29th July 1913.
The Secretary to Government,
PoIitical Department,
Bombay.
Sir,
1 have the honour to hring to your notice that hlr. Go~icalo Cabral,
Captain of Engineers of Portuguese army has sent with AIr. hlahadeo
Bobo and Caculo one double-barre1 12 bore breech loading hammerless
gun, by A. Francotte, No. 36686, to hIessrs. Hollis and Son for repairs.
and to beg you to forlvard the necessary orders the competent author-
ities so that thgun may be sent to Bombay to me.
The said gun was kept by the British Custom authorities at Castle
Rock.
Thanking in anticipation,
I have the honour to be,
Sir,
Your most obedient servant,
(Signed)
Consul-Cieneral.
Submitted.
The present applicatioii involves the issue of an import licenseiti
favour of the Consul Genl. In this coiinectiori attentionis invited to
Rule 7of the Arrns liules which prohibits the import of arms ammunition
or military stores (with the exception of explosives required for bona
fide blasting purposes)from Port. India. Follo~~ing,however, the prece-
dent dealt with in P.D. letter No. 3348 dated 17/4/12 "theG. of 1.may
bc asked to sanction the issue of a liceiise in Form II. 12'hensanction is
received the Comr. of Police, Bombay, may be instructed to issuc the
necessary iinport license. In view of the delay caused by the previous
letter of the Consul havirlg been mislaid the sanction of G.eof1. may
be obtained by wire.
(Iltrl.)
1519. (Thro' J.D.)
Scen in J.C.
(infd.)
I519. --
' L'.3iofLn.GSIrr.
p. 305/1Z. K.I.SrSg
No. 5467, Dated 16th September 1913.
From
Bombay Political
From
Bombay
To
Foreign
To
Simla.
Cons111Genl. for Portugal has applied for license to import into
Bombay from Goa for rcpairs a double-barre1 12bore hammerless gun,
No. 36686, by A. Francotte, which has been dctained by Custorns at
Castle Rock. Request, with reference to rule 7 of the Indian Arms
Rules, sanctionby wire to issueoflicense.
O.C. (Signed)
For Secretary to Govt.
POLITICAL DEPARTMENT
STATE TELEGRAM
No. I Dated 19 Scptr. 1913.
From
Bombay Political
From
Poona
To
Bombay Political
To
Bombay.
Following telegram 1530 Judicial 18th instant rcceived from Hoine,
Simla. Begins:-Your telegram 5467 16th Septr. addressed to Foreign
Govt. of India. Sanction irnport by Consul Genl. Portugal of 12 bore
double barre1 hammerless gun from Goa into Bombay forrepairs. Ends.
True copy.
(Signed)
Superintendent. Annex F. No. 76
MINI~TR YF EXTERNAL AFFAIRS.
NEWDELHI.
The 23rd June, 1949.
AIDE MEMOIRE
By an arrangement arrived at in 1944 the export of rice and other
local produce from Nagar Aveli (an enclave of Portuguese territory in
Surat District) to Damanisbeing allowed across lndian Union territory
on the strength of permits issued by the Bombay Government. Permits
are granted on the basis of certificates issued the Administrator of
Nagar Aveli Pargana stating that the items covered by them are the
produce of Portuguese territories.
z. An examination of the permits issued by the Bombay Governnlent
during 1948 shows that large quantitieof jowar were transported from
Nagar Aveli Pargana to Daman during that year. As Xagar Aveli
Pargana is a rice growing areaand has probably little ono land under
jowar cultivation, the jowar in question must have been obtained through
illegal channels from adjacent areas of the Rombay Presidency. An
examination of the samples of the jowar exported from Nagar Aveli to
Daman confirms this view as the jowar in question appear to have been
of the variety grown in the Sholapur or Khandesh districts of the
Bombay Presidency. A similar suspicion has arisen aboutthe pulses
which alsowere allowed to be exported from Xagar Aveli Pargana to
Daman across Indian Union territory. Investigationsmade by the
Rombay police confirm the above suspicion.
3. As the arrangements arrived at in 1944 regarding export of food-
grains from Nagar Aveli Pargana to Daman aypear to have been mis-
used, the Government of Bombay wish to terminate the agreement
unless suitable action could immediately be taken by the local Portu-
guese authoritiestoprevent such illegal esporiç in futurThe Govern-
ment of Tndia would be grateful for an early reply on the action taken in
this matter.
Proc. 6, S.
No. 81.
[See Annex C hTo.72, Vol. 1$fi.544-5434.] The "Concelho" of Nagar-Aveli is also a producer, other than rice,
of "jowar" and other cereals and vegetables, although in small quantities.
The consignments of such foodstuffs to Daman, when produced in
Nagar-Aveli, are covered by the agreement of 1944, whose provisions the
Portuauese authorities have alwavs done their best to respect and
fulfil.
During the year of 1948, a certain scarciiy of rice was felt in Nagar-
Aveli, on account of the illegal conçignments of it made in large scale to
the neighbouring territories, where the policy of decontrolling had just
been applied with a consequent rise in prices. Owing to that scarcity,
these other cereals and vegetables were in greater demand in Nagar-
Aveli, and their prices rose above the normal, what might have induced
foreign marketmen to bring them in small quantities for sale in the
markets of Nagar-Aveli.
Considering that the "jowar" and other vegetables brought in under
these conditions from the neighbouring territorics were in fact identical
to those produced in Nagar-Aveli, and that it was difficult to differen-
tiate them, the Portuguese authorities might have easily been induced to
believe that they were a produce of the territory.
However, as soon as the matter uras clarified, instructions were given
to the authorities concerned in order to avoid similar occurrencesin the
future. No such infractions were verified in the current year, and, with
the measures taken, it is very improbable they might be repeated.
Delhi, July 25, 1949.
GOVERNMEK TF IKDIA,
MIKISTRY OF EXTERNAL AFFAIKS
Datcd the 13th August, 1949.
The hlinistry of External Affairs present their compliments to the
Legation of Portugal in India, and have the honour to acknowledge
receipt their note datedJuly ~jth, 1949,enclosing a Rlemorandum by the
Governor of the Portuguese District of Daman regarding the export and
import of foodgrains into Nagar Aveli Pargana.
The Government of India have taken note of the IbIernorandum of the
Governor of the Portuguese District of Daman and are examining itin
consultation with thc Provincial authorities concerned.
\Vith reference tthe difficulties of supply encountered in Nagar Aveli,
attention is drawn to the fact that the Government of India have,
through their Consul General, already suggested to the Portuguese
India Government that in order to obviate customs and similar difficul-
ties in regard to the supply of controlled commodities from the Indian
Union, the best procedure would be to fix separate quotas for Daman proper and Nagar Aveli Pargana and to arrange for the quota for the
latter to be sent direct to Silvassa via Daman railway station, so that
they do not pass through Daman proper. No repiy has so far been
received from the Portuguese India Government. The Consul General
for India in Goa is being requested to discuss the matter with the local
autliorities.
Ministry ofE. A.
Legation of-PortugaI in India,
New Delhi.
.GOVERNMEN OTFINDIA,
New Delhi.
Novernber 16, 1949.
[SeeAnnex 21 to Mernorial170E1,p. 54.1
COYY OF LETTEK NO. 354111DATED ~IST/ZSND MAY, 1953 FKOM THE
SECRETARY TO THE GOVT. OF BOMBAY C,IVILSUPPLIES DEPTTB . OMBAY,
-i'oTHE SECY TO THE GOVT. OF INDIA,MINISTRY OF FOOD, NEW DELHI
Sub. :-3,fovement of Foodgrains from one Part of Portuguese terri-
tory to Another.
1 am directed to invite a reference to thiç Department lette3541.
744/11,dated zznd Februarv 1951 n which the Government of lndia
had heen informed that this Government had no objection to continue
the practice of moving foodgrains from Selvasa Portuguese territory to
the Daman side of that territory across the intervening strip of this
State in accordance with the permits içsued by the local Portuguese
authorities. Before thatiew was communicated to the Government of
India, enquiries had been made to find out whether the Portuguese
authorities were on the whole honouring the agreement which existed
between them and the Government of India to the effcct that only the
geniiine produce of one side of the Portuguese territory would be alloaed
to be transported tthe other under permits of the local officers. Zt had
then been found that there was not large illegitimate movembetween
the two parts of Portuguese Daman, and this was probably due to the
fact that there was rigid control on theerna1 movement of the main
cereal grains within this State. movement of even a small quantity
of these grains from one viIlage to another was required to he done iindcr
a permit of the Villagc or TalukOfficeof District Magistrate.
Z. Since the introduction of decontroi of millets in Decemb19j2,
however, it lias corne to'Government's notice that large quantities of
jowar have again started rnoving from Selvasa side to Daman under the
Portuguese authorities'ermits in the same way as happened during thecarlier period of decontrol in 1948. The enclosed statement shows at a
glance how the exports of jowar in particular have mounted up since
December 1952 and how steep the rise has been, compared to similar
figures during the control years. Considering that no jowar is produced
anywhere in Thana District, within which Selvasa area is a small island,
it is doubtful whether any substantial quantities of jowar could in fact
be produced in Selvasa area; in any event tfiere is apparently no justifi-
cation for the export of such large quantities of jowar as have moved
recently from there to Daman under the local authorities' liermits.
3. This spurt in movement would, it is felt, only indicate that the
Portuguese authorities are no longer faithfully abiding hy the terms of
tlie agreement which requires them to allow transport only in respect of
locally produced grains. It is considered tfiat most of the jowar that has
moved must have been the produce of areas other than Selvasa and must
have corne into Selvasa from the neighbouring parts of Bombay State.
Similarly as regards paddy, itwill be séenfrom the enclosed statement
that large quantities are being exported across the Bombay State strip,
and this has happened not only during the period of decontrol in 1948
but has been happening even in the subsequent years.
4. The quantities moved every year in the recent past are so large as
to raise a reasonable doubt about their being the genuine surplus of the
small Portugucsc area in Selvasa. Thcsc movements would appear to
constitute a violation of the term oii which movement was allowed in this
case in the yast and it is, therefore, suggestcd that the Portugucse
authorities may be put on their guard again against continuing such
breaches, under pain of cancellation of the faciiity wliich they have been
allowed to enjoy. Over and above whatever quantities are moved under
Permits, unauthorized movements are also probably taking place with tlie
result that tliis State is being drained of substantial food resources which
ultimately find ttieirway through Daman to Goa and elsewhere. NO
amount of vigilance thatthe Police or Customs staff are asked to exercise
would elirninate this evil, unless thc Portuguese authorities offer the
fullest CO-operation for ensuring that the spirit of the agreement is
honoured in practice. This Government is issuing orders to the local
officers tu keep the situation under continuous surveillance and ifthe
present drain is maintained, the Government of Bombay would be
compelled to recommend termination of the agreement, but at this stage
it is suggested that the Portuguese local authorities at Daman rnay be
apprised of the situation referred to in this letter and requested to adopt
such measures as they think fit.
Yours faithfuliy,
(G. V. BEDEKAR)
Secretary to the Goverrimelit of Bombay,
Civil Supplies Deyartment,
Bombay. STATEMENT SHOW1NG THE INFOR~IATIOX REGARDlNG FOODGRAINS TRANSPORTED
FROJI PORTUGUES EERRITORY TO DAYAN VIACHHALA CUSTO>IC SHOWKY
(Figuresintons)
January
February
Jlarch
April
May
June
JU~Y
rlugust
Septembcr
October
Xovembcr
December
Total: 127.2 17.1 15.2 40.2 j3.0 67.5 653.6 1G39.2 11j3.1 847.4 543.5 369.8
Uated tl-ie 14 July, 1953.
The Ministry of External Affairs present their compliments to the
Legation of Portugal in India and with reference to this Ministry's note
No. D. 3122-Eur. 1/49) dated thc 16th Novcmber, 1949, regarding the
arrangements for the transit of goods between Kagar-Aveli and Deman,
have the honour to state as fol1ows:-
2. Since the introduction of the dccontrol of millets in the Bombay
State, in December, 1952 it has corne to the notice of the Governmcnt
of lndia that large quantities of jowar had started moving from Silvassa
side to Daman under the Portuguese authorities' permits. Considering
that rio jowar iç produced any-where in the Thana District, within which
the Silvassa area is a small yocket, it is doubtful whether any substantial
qusntitieç of jowar could in fact bc produced in Silvassa itself. The same
.is the case regarding paddy, large quantities of which are being exportcd
across the Bombay State territory between Nagar-Aveli and Daman;
and this has happened not only during the period of decontrol iri 1948
but has been happening even in the suhsequent years.
3. The quantities of food-grains moved every year in the recent past
are so large as to raise a reasonable doubt about their being the genuine
surplus of the small Portuguese area in Silvassa. It is abundantly clear
that most of the jowar and rice that has moved to Daman, undcr permits
issued by the Portuguese authorities, have been thc produce of areas
other than Silvassa and must have corne into that territory from the
neighbouring parts of Bombay State. This spurt in movement would, it
is felt, only indicate that the Portuguese authorities are no longer
abiding by the terms of the agreement which requirc them to allow
transport only in respect of locally produced grains. This large movement
of foodgrains would therefore constitute a violation of the terms on which
movement of foodgrains was allowed in ttie past and the Government ofIndia are constrained to enter their strong protest and to state that,
unless the issue of permits are restricted to the foodgrains actually
produced in that Portuguese territory and in surplus of their require-
ments, the Government of India will be obiiged to terminatc the agree-
ment and take such appropriate rneasures to put an end to this illegal
trade in food-grains.
The Ministry of External Affairs take this.opportunity to renew to the
Portuguese Legation the assurances of their highest consideration.
The Legation of Portugal iiiIndia,
Xew Delhi. .4Kh"EXES TO REJOINDER (F l'O.77) 615
No. D. 3082-Eur-1/50. Dated the 15th June, 19j0,
[SeeAnnex 23 toMernorial, Vol. 1$p.55-56.]
LEGATIO OF PORTUGAL,
NEWDELHI
I)elhi,zand August, 1950.
No. 125.
Proc. 8,3.
[SeeArznex 27 tuMeworial, Vol. 1,p.59.1
Delhi,8th August, 1950.
No. r19.
Proc. 8,3.
[SeeAnnex 26 toMenzo~ial,Vol.1, #p.58-j9.1
New Delhi, the 28th August, 1950
[See Annex 28 tuMernorial, Vol. I#.60.7 Annex F. No. 78
LECATION OF PORTUGAL,
XEIVDELHI
Proc. 6,3.
30. 76.
The Legation of Portugal present their compliments to the 3Iiiiistry
of External Affairs and has the hoiiour to state that the Yortuguese
authorities at Damao are very anxioiis for the salt manufüctured in
that Llistrict to be exported to Indian Dominion territory and to the
Portuguese territory of Nagar-Aveli, through the Challa Custom House
at Vapi. Pending a decision on the exports to Indian territory, the
Uarnao authorities would like to bc able to export at least, in the
nesr future, salt to Nagar-Aveli for the consumption of the PopuIation
of that Taluka.
Uamao's salt could enter Indian territory many years ago, and the
prohibition on its importation came after the iinposition of a tax on
the salt manufactured in India, tax that,it is understood, the Indian
Government have now abolished.
It is to be pointed out that salt manufactured in Goa is, rit present,
alloived to enter the neighbouring Iiidian Dominion territories through
Castle Rock.
As it appears from the correspondence exchanged between the
Governor of Damao and the Deputy Salt Controller, at Bombay, of
which copy is enclosed, the matter has been referred to and is now
waiting the decision of the Salt Controller for India, New Delhi.
The Portuguese Legation venture to request the good offices of the
AIinistry on this matter, with the hope that a favourable consideration
rnay be given to it by the Indian authorities concerned. For this the
Legation wish to express their best thanks in anticipation.
Delhi, Ijth July,1949.
The Ministry of External Affairs,
New Delhi.
Lettev No. 1.40014 6f,17.6.194 9otn the Damno Govevnment fo the
Defiztty SaLtController, Rombay.
"1 have the honour to give down the copies of the lettXo. 1.147133,
dated the 17th May 1949 of this Government addressed to the Collector
of Central Excise, Bombay, and No. V(b)-S(128)-Cus/qg, dated the
4th June 1949 from the Collector of Central Excise, Bombay, addressed
to this Government, and to request your good offices in the matter
so that our salt may be esported to Nagar-Aveli (Portuguese territory)
and to Indinn Dominion :-Letter go. 11$7/33, of I7.j.1949, /rom tlze Damao Gover~zment.
"As presently therc isno control oii salt in Indian Dominion terri-
tories, and as Damao has possibilities to produce salt in large scale,
sufficient for its own consumption and for export, 1 come to request
your good offices so that to allow the sali produce in Damao to be
exported to Indian Dominion territories and to the Portuguese territory
of Nagar-Aveli, through the Challa Custom House at Vapi, as we were
allowed to long years ago and as it is presentthe case with Goa salt,
which is allowed to be exported into the neighbouring Indian Dominion
territories through Castle Rock.
"In the meanwhile, i.e., until the case of exportation of saIt to
Indian Dominion territories is decideci, 1 am sure you will kindly talre
the necessary steps so that we may at lenst sent1our salt to the Portugu-
ese territory of Nagar-Aveli, for the consumption of the populationof
thrit Taiukn.
"Awaiting a favourable replyatyour earliest convenience1 anticipate
my sincere thanks and remain, ..."
LeHer No. V(b)-8(128)-Czulqg, oj 4.6.1949,~YO~YZtheCollecterofCentral
Excise Bombay :
"Please refer to your letter No. 1r47133, dated the 17th May 1949:
"2. Importation of Daman salt into India Dominion is prohibited
by the Government of India. 1 an1 however taking up this rnatter with
the Government of India, and will make a further communication to
you as soon as necessary orders from the Government of India are
received by me."
Letter No. S/rr-3rj/4g, of Sj.6.~~ r~m, the Defiz~tSaltContvoller:
Kef: Your lettcr No. 1.400146,dt. 17.6-1949:
"The question as to whether salt manufactured in Daman can bc
allowed to be imported into the Indian territory or to the Portuguese
territory of Nagar-hveli through the Challa Custom House at Vapi
has been referrcd to the Salt Controller for IndiaNew Delhi, and his
orders are awaited. I willmake a further communication to you on
receipt of his orders."
NO. D.~oz~-EuR.I/~~
GOVERNMEN OFTINDIA,
~.IINISTIIYF EXTERXAL AFFAIRS
Dated, New Delhi, the 1.12.1949.
The Ministry of Esternal Affairs present their compliments to the
Portuguese Legation in India and with reference to their ilote No.
Proc. 6,3 No. 76, dated the ~jth July 1949,have the honour to state
that the Government of Indin have cancelled their notification Xo.
475-S.R., dated the 25th January 1895 prohibiting the import into
British India by land of Daman salt vide their notification NO. 54,
dated the 29th October (copy enclosed).
Daman salt can therefore now be exported to India.
The Legation of Portugal in
India, Illaiden's Hotel, Delhi. ASSEXES TO KEJOINDER (F NO. 79)
Annex F. No. 79
No. 1416.
Case No.
Issue No. 82.
Nova Goa, 20th January 1941.
Te Chief Secretary to the Government of Bombay,
Political and Services Department, Bombay.
Most Excellent Sir,
His Excellency the Governor Gerieral directs me to request your good
offices in the sense of what fo1lows:-
I.The road which joins Damaun to Silvassa and which crosses the
British territory of Uadra is impassable, at times, during the monsoon
season, owi~igto the lack of aqueducts over passages in which water
accumulates uy to the navel in the region of Lawacha, 7 tniles and4.j
furlongs from Vapi, and over passages in whicli water accumulates up
to the head in the same region, 7 miles and 6.j furlongs from that same
locality.
These are being considered construction ïvorks relatively simple, but
of utmost importance to us in order that the communications between
the seat of Goveriirrierit-Damaiin-and Silvassa may be permanently
secured. The Govt. of Portuguese India, owing to the interest which it
liasin them would desire to collaborate in their execution, also contribut-
ing towards the expenses which they might involve.
2. The road that emerges from "Uamao Grande" and ends at Tanai-
yadi, Portuguese frontier, has no continuation in Britishterritory,.which
may give jt access to the Xailïvay Station of Karamhel and which by
stretching as far as the frontier of Nagar Aveli may connect it ïvith the
road which gocs by Noroli to Silvassa.
The Government of Bombay objectcd, some time past, when a request
was made to it for the construction of this connection, that it tvould riot
have been useful as long as the Portuguese roads mentioned above were
not in conditions of safe transit. These roads are to-day, owing to works
of macadamisation and crossings over water passages executed over them
passable in any season.
3. Another want keenly .felt is that of the constructioii of a srna11
leiigth of road ïvhich may join the Portugueseroad, that passes by Kerdi,
in the territory of Nagar-Aveli, and touches the frontier,with the people
of Udva on the road which goes from Bombay to Vapi, facilitating access
to the Railway Station of Sanjan.
The Portuguese road is inconditions of permanent transit.
Altliough the connections about which 1speak interest the Portuguese
Government, they cannot help being of interest also tothe Government
of Bombay owing to the facility which they ïvould create in the way of
access to the Kailway Stations mentioned and consequently toits trafic. AKNEXES TO REJOISDER (F NO. 79)
619
The Government of the State of Portuguese India renews the reqiiest
for the construction of these Icngths of roads which in the attached plan
are intlicated by a tracing marked grecil and expects your officesso that
it may be complied with by the Government of Bombay.
Please accept the assurances ofmy regard.
(Signed) A. DELDUQUE DA COSTA,
hfajor,
Chief of the Cabinet.
SO. 51j3j36-C.
PUBLIC ~~'ORKS DEPARTMENT,
Bombay Castle, 12th December 1941.
From
C.E. Aitken, Esquire, C.I.E., I.S.E.,
Secretary'to the Govcrnment of Bombay,
Public IVorks Deyartment,
To
The Secretary to the Governmcnt of India,
Exteinai Afiairs Dcpartment.
Subject: Daman Silvasa Road.
Sir,
1am directcd to state that the Portuguese Government has requestecl
this Government to construct or improve the following roads in British
territory markecl green in the plan in order that communications between
the seat of the Portuguese Government-Daman and Silvasa-may be
pcrmanently secured. Owing to the interest ivhich the Portuguese
Government has in these communications that Governrnent desires to
collaborate in the execution of these works and also to contribute towards.
thc expenses which they might involve. IIIthis coiinection a copy of the
Portuguese Government, Cabinet Deyartment letter No. 1416, dated the-
20th January 1941, and the plan therein. referred to are enclosed with
a request that the plan may be returned with the reply.
2. Vapi Lavacha Koad. The Portuguese Government desires thnt
suitable cross drainagc works over the two nallas in miles715 and 717
estimated to cost Rs. r1,ooo may be constructed. This Govt. considers
that the Portuguese Government should pay 11s.6,900 inclusive of al1
charges for the work in question.
Daman SiLvasa Road. Out of the total length of this proposed road, a.
length of 7 miles is in British territorIt is suggested that this length
shoutd be constructed by this Government. The cost of constructing it
including the cross drainage works and land compensation is approxi-
mately Ks. 2,22,200 inclusive of al1 charges. This length runs through
unimportant British villages and this Government is not interested in
its construction. The work will, however, be undertaken hy this Govern-
ment, provided the whole.cost of its constr*ction and maintenance iç
borne by the Portuguese Government.
Road /rom Kerdi ta Udhwns. This link will be constructed by this6.0 AXNEXES TO REJOISDER (F NO. 79)
Government at ail estirnated cost of Ks. 13,000 out ofits fu~ids,provided
the Portuguesc Govt. guarantees to maintain the further road lying in
its territory ia condition for safe transit.
1 am fiirther to state that the sovereignty, jiirisdiction and control in
respect of the ~vorksin British India will vest cxclusively inthe British
Gorcrnrnent .
3. In the circiimstances 1 am to request that the matter may be placed
before the Government of India and this Government informed whether
the works should be undertaken on thc conditions mentioned above. 1
am to add that the costç of the works rnentioned above are cxtremely
rough and may be cxceeded substantially on account of war conditions.
1 have the honour to be,
Sir,
Your most obedicnt servant.
(Sig ned)
Secretary to the Government of Bombay,
PubIic \Vorl;s Depart~rie~it
No.,6603-X/~Z.
Dated New Delhi the 5th August, 1942.
To
The Sccretary to the Government of Bombay,
Public Works Departmelit.
Subject: Daman Silvasa Road.
Sir,
1 am directed to refer to your letter No. 5153/36-C., dated the 12th
Dccember 1911 ,nd to say that the Governmeiit of India have no objec-
tion totheGovernment of Bombay undertaking the following two projects
on the conditions, the Provincial Government have specified:
(i) tliebridging of tu70streams on the Vapi-Silvasa Road;
(ii) The construction ofbthe7 miles of road in British territory linking the
Daman-Silvasa Road.
2. The proposed link roacl from Kerdi to Udhvas is still under con-
sideration; a further communication will be addressed to you in this
matter as soon aç possible.
3. The plan forwarded with your letter iinder reply is returned here-
with.
I have, etc.,
(Sipzedj L. A. C. FREP,
Under Secretarp. ANNEXES TO REJOINDER (F NO. 79) 62 I
No. 5508-X/43.
New Delhi, the 17-6-1943.
To
The Secretary to the
Government of Bombay,
Public Works Department.
Subject: Construction of a road from Kerdi toUdhwa.
Sir,
1am directed to refer to your letter No. 5153/36-C.,dated the 31st
March 1943 ,nd to Say that in viewof the present policy of Government
to restrict execution of works tproposaisof an inescapable nature, the
Government of India consider that the construction of the road in
question should be postponed for the duration of the war.
z.1 am to add that construction of the other two projects agreed to
in the lettefrom the Government of India in the E.A. Dept. No. 6603-
X/42 dated the 5.8.1942,should aIso be postponed for the duration of
war, if construction has not already commenced.
1have, etc.,
a (Signed) Illegible,
Deputy Secretary. (II).
SERVICE OF THE REPUBLIC.
GENERAD LEPARTMEN(T CABINED TEPARTMENT)
No. z16jG.
Case No. 5/g41/15.
Issue No. 787.
Nova-Goa, 27th May 1943.
To
The Chief Secretary to the Government of Bombay,
PoliticaI and Services Department, Bombay.
Most ExcelIent Sir,
With reference to your letter No.5154136-C.P.W.D. of the 19th April
1943 ,is Excellency the Governor GeneraI directs me to inform you that
he agrees that this Government should contributea sum of Rs. 7,0001- ,
(Seven thousand rupees) towards the construction of two aqueducts at
points from miles7/5 and 717 of the Vapi-Lavacha road, as also with the
view point expressed in paragraph 3 of the same Ietter.
2. It is to be appreciated that (the question of) the construction of the
road from Kerdi to Udva is to be considered.
Please acccpt the assurance of my highest regard.
(Signed) Fernando PAES,
Captain,
Chief of the Cabinet.622 ANNEXES TO REJOINDER (F NO. 79)
Lopy of Government Letter, Political and Services Dept. No. 5153136-
C(P.W.D.), dated the ~3rd July 1943, addressed to the Chief of the
Cabinet, Government of Portuguese India, Nova Goa, regarding Daman
Silvasa Road.
[SeeA~znexraz to Reply, TTd.11, p. 728.-7
EXTRAC TROM A LETTER NO. 3990/PP/22 DATER THE 5th' SEPTEJIBEII,
j. His Excellency (Captain Joao Feya Faque, Governor of Daman)
requested me to rnove my Government in respect of the construction
of a culvert at mile 7.7 on the road to Silvassa from Wapi (Daman
Road Railway station). He pointed out that almost al1the firewood from
the forest went to British India, especially Bombay, and that the nullah
in question frequently floods in the South West hfonsoon to a depth of
IO feet or more and being a narrow gorge the floods did not run off
quickly. Trafficwas thus blocked and both Portuguese and Indiai-i terri-
tories sufferedIinspected the site and what was said appeared obviously
correct. 1 suggest thereforc that if the External Affairs Department
deems 'fit,the Government of Bombay might be addressed in suitable
terms. The cost woulcl be negligible in view of the traffic involved.
Needless to say the site in question is iri British India.
Consulate for India,
Goa, 24th September, 1948.
jee Annex 103 50RePly ofPortugal, Vol. II,p. 729.1
With reference to the matter recently dealt with in your Ietter No.
XIII/z-853, of 4th May, rgjo, 1 have the honour to inform that this
Government is agreeable to contributing the sum of Rs. 21.1ool-
(Rupees twenty one thousand and one hundred only) mentioned in your
letter No. D.S.R./48, of 24th September 1948, for the construction of
two aqueducts across the streams of Duty and Kesali, in the region of
Lavacha, on the road which connects Daman and Silvassa, in accordance
with its proposal as contained in itçletter No. rq/G, of 20th January
1941,addresseci to the Chief Secretary of the Government of Bombay
Political and Services Department).
Pleaçe accept,Sir, etc. ANNEXES TO REJOINDER (F NO. 79)
623
Xo. XIII/z-794.
28th March 1952.
The Chief of Cabinet
Goa.
Subject :-Road from Wapi to Silvassa (Daman Road
Railway Station)-Constructing Culverts
at miles No. 715 and 717.
Sir,
I have the honour to refer to your letter No. 478/G, dated the 5th
July ïgjo and to state that the amount of the share viz. Rs. ~I,IOO/-
of Portuguese-Indian Government, in the cost of the above work, as
previously reported, u7as based on the estimates prepared in the year
1948, based on the then prevailing rates. These estimates have since been
revised in the light of the current rates. The revised estimates are as
under :-
I)Constructing a culvert in mile No. 715 . . . . . . . Rs. 25,9411-
2) Constructing cuIverts in mile No. 717 . . . . . . . Rs. 24,509/-
Due to this increase in the cost of the work, the share of the Portuguese
India Government has risen to Rs. 28,5531- (Rs. 21,8961- representing
half the cost of the work pIus Rs. 6,6571- centage charges).
2.This Consulate General may kindly be informed whether the Portu-
guese-India Government iswilling to contribute their share of the cost
of the work.
Please accept, Sir, the assurancesof my high consideration.
(Sigfiedj Illcgible,
Consul General for India, Goa.
No. 190.
Proc. No. R-II.
Goa, 25th August, 1953.
Referenceyour letter Noi\;II1/2-5740 dt. 22ndJune 1953.
Directed by H.E. the Governor General, 1 have the honour to inform
you that this Government agrees in contributing with a çum of
Rs. 28,553/- for the construction of the aqiieduct on the road from Vapi
to Silvassa, referred to in your letter No. XIII/z-794, dated the 28th
March 1952. 1 am, therefore, writing to day to solicit from the Consul
General of Portugal, Bombay, the payment of the above amount to
the authorities appointed by the Government of India for the purpose.
1 take this opportunity to renew, with my best complinieiits, the
assurances of my highest consideration.
(Signedl
The Chief of Cabinet,.
Goa,624 ANNEXES TO REJOINDER (F NO. 79)
Copy of translation of letNo. 8 dated 12.1. 5rm the Chief of Cabinet,
Goa, to the Consul-General ofIndia, Goa.
In conti~iuation of our confidential letter N190 of25/8/53, I am
directed by His Excellency to request that the person to whom the
Consulate-General of Portugal in Bombay should hand over the
Rs. 28,5531- for the Construction of the culvert Vapi-Silvassa, as
mentioned in your letterNo. XIII/z-548r dt.8/6/53.
Please acccpt,Sir,the assurances of his highest consideration.
NO.XIII/z-479 j.
The Chief of Cabinet,
Goa.
30th November 1954.
[See Amex 119 tuRe& o/Portugal,Vol. II,p. 747.1
Copy of letter No. Proc1o-G/5j, dated 3rd February 1955 rom the
Chancellor, In-Charge of the Consulate General for Portugueçe, Bombay,
to the Chief Secretary to the Government of Bombay, Political and
Services Department, Bombay.
[See Annex 120 to RePly ofPortugal,Vol. II,fi.748,j ANNEXES TO REJOISDER (F NO. 80) 625
Annex F. No. 80
-1).624 EUSIjjz.
No. 24.
Proc. 15,6.
LEGACAO DE PORTUGAL
NOVA DELHI
The Legation of Portugal present their complirncnts to the Ministry
of External Affairs and have the honour to request the Ministry's good
offices in the following matter.
The territory of Dadra, within the Nagar-Aveli area, Daman district,
has not telephonic connections with Daman, which is really inconvcnient
to the authorities and particulary to the local people, many of whom are
Indian citizens who live or work in Silvassa or Dadra.
Dadra is entirely surrounded by Indian Union territory and its dis-
tance from Daman is about 8 kilometres (approximately 6 iniles).
Therefore any teiephone conncction between Dadra and Daman must
neccssarily pass through Indian territory.
At present there are tclegraphic connections between Silvassa (district
of Nagar-Aveli) and Daman which also serve tlie Iiidian Union territory
lying between Valpi and Silvassa. Jts maintenance is sliarecl by the relev-
ant services of the Government of Bombay as well as by those of the
Government of Portuguese Jndia in their respective areas.
The telephone connection for Dadra might be made either by :-
I) using the telegraph pole~, which aIready exist, forthe carrying of a
teleplione wire connecting Dadra with Silvassa
2) inçtalling new poIes and telephone wire somewhere near the esisting
poles.
The Government of Portugucse India are ready to supply the wires,
the insulators, the telephones and the personnel neccssary forthe in-
stallation and also the poles shouldnew ones be decided on.
In the circumçtanceç the Legation of Portugal would be very grate ful
if authorization could kindly be obtained from the Indian authorities
conccrned either to use the existi-g*poles or to instal new ones in the
Indian area.
The Legation of Portugal avail themselves of this opportunity to
renew the assurancc of their highest consideration.
New Delhi, 6th February, r952.
The Ministry of External Affairs,
Government of India,
New Delhi.626 ANNEXES TO REJOINDER (F NO. 80)
File No. E1/52/5321/801.
E. A. MINISTRY
D. No. 624-Eur. 1/52.
llinistry of Communications may kindly see and let us have material
for areply.
(Signed)Illegible.
Date. 12.2.52.
RefevenceExternal Agaiîr; Ministry's notedated 12.2.52at PIIN of their
fiLe
The PortugucseGovernment wish to link Dadra and Daman telephonic-
ally by erecting a line of communication through Indian territory for
a distance of about seven miles.tis not the policy of the Indian Govern-
ment to permit foreign Governments to erect and maintain telecommun-
ication lines in Indian territory. The External Affairs Ministry rnay
kindly decide in the light of the political relations between the two
Governments, whether assistance may be given to the Portuguese Gov-
ernment to establish direct telephonic communication between Dadra
and Daman.
2. In case the External Affairs Ministry considers that facilities for
establishing a telephone line between Dadra and Daman should be
provided, the Portuguese Legation may be informed that the Govern-
ment of India will construct and maintain the portion of the telephone
line lying in Indian territory andlink it to the lines of the Portuguese
Government, provided that a rental of Rç.zoo/-per mile per annum is
paid to the Government of India by the Portuguese Government. The
length of the line in Indian territory will7miles and the rent payable
will be approximately Rs. 1,4001- per annum. The Portuguese Goveyn-
ment will be required to guarantee to pay the rent for a minimum period
of five yearsso that the Indian P & T Department may not be put to
loss in caseofearly surrender of that circuit.
(Signed)
(Uma SHANKAR)
Director of Telephones.
Tel. No. 42880.
MINISTKY OF EXTERNAA LFFAIRS.
D.G. P & T U/O No. PH13. 163-1152 dated the zznd April 1952.
E. A. MIKISTRY
It is for orders whether in viof 'A'in theD.G.P. and T's note above
we may or may not accede to the request of thePortuguese Legaiion. DEPARTMENTIOFFICE
File No.
Serial No.
Draft Letter.
SECKET.
No. D. 624-Eu. 1/52. Dated 12.5.52.
To
The Consul-General for India,
GOA.
Silbject : Telephonic Link BetweenDaman and Dadra.
Sir,
1 am directed to forward herewith a copy of a noteNo. 24, Proc156
dated the 6th February 1952 from the Portuguese Legation, New Delhi,
and u.0. No. PI-IB-163-1/52,dt. 22.4.52,from the D.G.P. &.T., with the
request that the Government of Zndia may kindly be favoured with
your views regarding the desirability of acceding to the request made
by the Portuguese Legation.
(Signed) (Eur).
SECRET
D. 2634 Eur 1/52.
No. S-IcG/140/146. CONSULAT EENERA LOR IKDIA,
GOA. ,
24th May, 1952.
The Under Secretary to the
Government of Iiidia,
Ministry of External Affairs,
New Delhi.
Sub: Telephonic link between Daman 8rDadra.
sir,
1 refer to your letteNo. D. 624-Eur. Ijjz,dated the 12th May,1952,
and mrite to statcthat the proposa1 ofthe Portuguese India authorities
to link Dadra and Daman by telephone would appear to be a part of
their overall plan--tostrenghten interna1 communications within their
own territories primarily for defence purposes. There has bcen much
recent development in telephone links between strategic placet in Goa.
A wireless transmission system operating within Goa has been installed
within the past month. 'Lhe pieas of the Portuguese India authoritres
that such a telephone link between Dadra and Daman would primarily
assist Indian citizens living and working in Silvasça is not fuIly outne
by these developments. Inthis connection, it may be observed thatwhile
a radio link has also been established laçt month between Gand Lisbon
via hlozambique and Angola, the Portuguese India Government have628 ANNEXES TO REJOINDER (F NO. 80)
not so far given attention to the more urgent requirementof a telephone
channel between Goa and Bombay, a factor which both Indian and Goan
business interests demand.
In these circumstances, 1 could see no special reason to extend the
facility requested. However, 1 am proposing to investigate the matter
further during my next visit to Daman and should a change in this
position be necessary, the Ministry will be addressed again. In the mean-
while, I would suggest that the Portuguese Legation may be informed
in suitable terrns of the negative response to their request.
Yours faithfully,
(Consul General of India, Goa).
File No.
SerialNo.
Draft hlemorandurn.
No. D. 3140 Eur. 1/52. Dated 5.7.jz.
To
The Portuguese Legation,
New Delhi.
The RlinistrofE.A. present their compliments tothe Portuguese Lega-
tion in India and, with reference to their noteNo. 24, Proc. 15, 6ated
the 6th February 1952,regarding the erection of telephonic link between
Daman and Dadra have the honour to Say that the question isunder
consideration.
2. The Ministry take an opportunity to renew the assurances of their
highest consideration.
(Signedl Illegible.
Copy, with a copy of the note
replied to, fonvarded to:
(Not to offer
(a) C.G.,Goa. on the IO'.)
(b) Legation of India, Lisbon.
B.O. etc.
US (Eur). -4NNEXES TO REJOlNllEK (I;NO. 80)
D. 6048 Eur 1/52,
No. S-ICG/;40/380
7th November 1952.
Subject : l'elephonic link hetween Daman and Dadra.
My dear Gupta,
Please refer to the correspondence resting with my letter No.S-ICG/
140114 6,ted the 24th May, 1952.
While in Daman recently the question of the telephone link between
Dadra and Daman was investigated by me. The intention of the local
authorities there would appear tu be to link Daman to Nagar-AveIi
via Dadra and not merely to provide Dadra with any telephone facilities.
In Dadra itself there is a smalI village cornmunity who are not likely to
require any telephone facilities.
In theletter quoted above, 1had reported that considerable emphasis
was being placed by the Portuguese authorities on communications
throughout their areas. 1 understood in Nagar Aveli that they have
linked up to headquarters of Nagar ilveli (Silvassa) with a11the taluka
headquarters by a IO line telephone system. Unfortunately, howcver,
the intervening territory between Kagar Aveli and Daman has made it
impossible for them to connect SiIvassa with the headquarters of the
Govcrnor district, which is Daman. The intention behind the request is
therefore obvious.
In the circumstances, there would appear to be no special reason to
accede to the request of the Portuguese Legation.
l'ours sincerely,
(Sig~d) Illegible.
Dr. S. GUPTAI,.F.S.,
Under Secretary,
M.E.A., New Delhi.
S. No. (4) Iss~
In February Igjz, the Portuguese Legation approached us witli the
request that facilitiesrnay be given for linking Dadra with Daman by
a telephone line. In May last, our Consul General, in his letter ai S. No.
(3, stated that there was no special reason to açcede to the request and
promised to investigate and report further after his visit to Daman.
. Our Consul General, after his visit to Daman, has now reported confirrn-
ing his earlier view.
As the Portiiguese Legation have not raised the issue again, themselves,
. no reply to them appears necessary now, after the lapse of ro months.
Ministry of Communications may also çee. e
(Signed) Illegible.
nt. 13.12.52. Annex F. No. 81
S. R.
Bombay, 16th, April 1948.
OSS SU LAG DORAL DE PORTUGAL.
Bousa~ili.
The Chief Secretary to the Government
of Bombay, Political and Services
Department, Bombay.
NO. 407.
Proc. 13-Dia148.
Sir,
At the instance of the Government of Damao 1have the honour to
request you to be so good as to issue your instructions to the competent
authorities to allow free transit, ivhilst passing through Indian territory,
to two armed soldiers who will bc accompanying the Shroff of Revenue
Officeat Nagar-Avely who will be going to Damao with fuiids to transfer
to the Kevenue Department at Damao. In view of the urgency Sour
prompt attention will be much appreciated.
Thariking you in anticipation,
Your obedient servant,
(Signedl Consul for Portugal.
P.T.O.
r & S. D.
A.
Permission as asked for in the letter overleaf kas been granted in
the past. (PIease see file 3994-11.)
Draft replies attachcd magTissue.
(Isttd.)
--
2314.
No. z768/46/13302~
P & S. D.
B.C. 26th Aprii, 48.
To'
The Consul for Portugal at Bombay.
Sir,
1 am directed to acknowledge the receipt of your letter Xo. 407
(p. I ante) Proc. r3-D/a/48 dt. 16/4/48 requesting permission for free
transit to two armed soldiers who will be accompanying the Shroff of
the Kevenue Office at Nagar Avely, tlirough the Indian territory, to
Dainao and to state that instructions have beeii issued to the officers
conccrned for the grant of necessary facilities.
Y.O.S.
O/c (Signcd) 23/4/58.
For C.S. to the Govt. of B'bay,
P SrS. D. No. 2768148113302~
P & S.D.
B.C. 26th April,4s.
Copy with a copy of the letter under reply, f.w.e. for information
and guidance to the undermentioned officers.
By order, etc.
(Signe4 23/4/48.
For C.S. etc.
To
The I.G. of Police, Province of Bornbay./Poona.
7le Dy I.G. of Police, C.I.D. Poona.
The Collector of Central Excise, B'bay.
The Collector of Customs, Bombay.
The U.31. Surnt.
The D.M. Thana.
The D.S.P., Surat.
The D.S.P., Thana.
The Supdt. of Police, BB &CI Railway.
S. R.
Bombay, 23rd. July 1948.
CO-JSULAD GOERALDE PORTUGAL.
Bows-ir~. The Chief Secretary to the
Government of Bombay,
Politicalh Services Deptt.,
Bombay.
NO. 713.
Proc. 13-D/a/48.
Sir,
As desired by the Govemment of Damao, 1 have the honour to
request you to be so good as to issuethe necessary instructions to the
competent authorities to allow free transit from Nagar-Avely to Bombay
and vice-versa to two armed soldiers who will be escorting the Shroff
of the Revenue Department of Kagar-Avely ihen the latter will be
shortly coming to Bombay from Nagar-AveIy to deposit funds with
the Ranco Xacional Ultramarino, Bombay.
I shall be obliged if you will kindly comply withmy above request
as urgent as possible.
Thanking you in anticipation,
Your most obedient servant,
(Signed)Consul for Portugrzl. NO. 2768146128g66-A.
POLITICAL AND SERVICES DEPARTMENT.
Borir~~y CASTLE Z,~TH JULY 1948.
From
M. D. Bhat Esquire., CIE., ICS.,
Chief Secretary to the Government of Bombay,
Political and Services Department,
To
The Consul for Portugal at Bombay,
Bombay.
Sir,
1 am directed to acknowledge the receipt of your letters Nos. 710
and 713Proc. 13-Dla148 dated the ~2nd and 23nd July, 1948, requesting
permission for the free transit of three and two armed soldiers who will
accompany the Shroffs of the Revenue Departments of Damao and
Nagar-Avely respectively, who are coming to Bombay with funds to
be deposited with the Banco Nacional Ultramarino, at Bombay and
to state that the necessary instructions have been issued to the officers
concerned.
Yours faithfully,
(Signed) For Chief Secretary to the
Government of Bombay,
Political& Services Department.
Very Urgent. No. 2768/46128968-A.
POLITICAL AND SERVICES DEPARTMEXT.
BOMBAY CASTLE ,9~~ JULY 1948.
Copy with copies of the letters under reply forwarded with cornpli-
ments for information and guidance to the undermentioned officers in
continuation of Government endorsement No. 2768/46/13271-A, dated
the 28th April, 1948.
By order of the Governor of Bombay,
(Signed) For Chief Secretary to the
Govt. of Bombay, Pol. & Services Ueptt.
The Inspector General of Police, Province of Bombay, Poona.
The Deputy Inspector General of Police, C.I.D., Poona.
The Commissioner of Police, Bombay.
The Collector of Central Excise, Bombay.
The Collector of Customs, Bombay.
The District Magistrate,Surat.
The District Superintendent of Police, Surat.
The Superintendent of Police, B.B. & C.I. Iiailway. ANKEXES TO REJOINDËR (F NO. 81) 633
CO~;SULIIV GOERALDE PORTUGAL. Bombay, 8th April 1949.
BOMBAIM.
The Chief Secretary to the
Government of Bombay,
Political and Services Department,
No. 379. Bombay.
Sir,
As desired by the Government of Damao, 1 have the honour to
request you to be so good as to issue the necessary instructions to
competent authorities to allow free transit to twormed soldiers who
ivill be escorting the Shroff of Revenue Department of Nagar Avely
when he will be shortly taking funds from Nagar Avely to Damao
crossing the Indian territory.
1 shall feel obliged if you will kindly expedite the matter as early
as possible.
Thanking you in anticipation.
Your obedient servant,
(Sigfzed) Consul for Portugal.
No. 2768146117504-~.
P.S. & D.
Thc Consul for Portugal at Bombay.
Sir,
1 am directed to acknowledge the receipt of your letter No. 37gIProc.
13-D/a/4g, dt. the 8th April 1949, requestingpermission for the free
transit for two armed soldiers whowilIbe accompanying the Shroff of
Revenue Department of Nagar-Avely where he will be taking funds
from Nagar-Ave!y to Uamao crosçing the Indian territory, and to state
that the necesçary instructions have been issued to the officers con-
cerned.
Yours faithfully,
(Signed) For C.S. etc.634 AXXEXES TO REJOINDER IF FO. 81)
Very Urgent.
Copy with a copy of the letter replieto f.w.c. for information and
guidance to the undermentioned officers in continuation oG.E. P &
S.U. Ko. 2768146-A, dated the 15th January 1949.
By order, etc.
(Signed) For C.S. etc.
To
The I.G.P. Province of Bombay, Poona, The Dy I.G.P., CID,
Poona, The C. of P. Bombay, The Collector ofCentral Excise,
Bombay, The Collector of Customs, Bombay, The D.M.? Surat,
The O.S.P., Surat, The Sulidt. of Police,B.B. & C.I. Rly. Annex F. No. 82
D. O. LETTERNO. Cl77
GOVERNMEN OF INDIA
(SaltKevenz~e,SeaCustoms(Oulports), Land Customs, CelztraExcisesAnd
Liglztho.useDepartmelats,Bombay.)
OFFICE OF THE COLLECTO OF SALTREVENUE,BOMBAY
Construction House,
Wittet Road, Post Box NO. 806,
via Bombay, I.
Camp, Castle Rock, 13th June, 1941.
Xy dear Bremner,
On the afternoon of the 11th June, one of our officers at Castle Rock
mentioned to me that a Portuguese Bank Manager had made a scene
at the station after the 27 Up train had arrived. Apparently this
gentleman had visited British India with a travel permit issued under
the Foreigners Act, 1939. But his wife, who was returning from her
stay at Bangalore, had no such permit. The Police Ofiïcer on duty at
Castle Rock referred the matter to Belgaum by telegram. But the
repiy from Belgaum did not arrive untila few minutes after the27 Up
train had left.
2. On hearing this I decided to enquire into the matter myself and
went to the station. 1 met the gentleman in question-hir. 13eCosta,
who is at present the Nanager of the Banco Nacionale Ultramarino
at Panjim, and who was previously in charge of the Bank's branch
at Nargao for anumber of years. Mr. De Costa showed me al1his papers
and 1 expressed to him my regret that he should have been incon-
venienced. Apparently the trouble wss due to the fact that Mrs. De
Costa was allowed to cross the frontier either at Anmode or ai Castle
Rock on the 27th April when travelling by herself. She strikes ine as
a good Iooking woman in the early 'thirties' and she seems to speak
no English. She has dsrk hair and dark eyes and might easily pass for
a Portuguese Indian subject. This is ayparently what hüppened, as she
has no specialpassport of her own and apparently gave no indication
that she was a Portuguese European subject.Consequently her husband
does not seem to have taken the trouble to obtain a travel permit under
the ForeignersAct for her. But when she waç travelling witIi her husband
and the latterproduced his Portuguese passport with his ~vife'sphoto-
graph upon it, the Customs staff referred the matter to the Police
Officer on duty. He quite correctiy decided that srie could not be
allowed to proceed without a travel permit.
3. Mr. De Costa showed me his passport. This was issued in 1934,
was valid for two yesrs and had not been renewed. He explained this
by the fact that he had had no occasion to leave India since 1934-
The photograph of Mrs. De Costa was taken ten years ago and naturally
is that of a woman who looks much younger than she does at present.
Had 1 been dealing with the case with no local knowledge, 1 should
certainly have not taken the responsibility of allowing Mrs. De Costa636 ANNEXES TO REJOINDER (F NO. 83)
to pass as being the person whose photograph appeared on her husband's
passport.
4. There are one or two things which strike me as a resuIt of this
incident. The first is thatof the desirabiIityof impressing on al Por-
tuguese European subjects-who have occasion to visit British India-
that they must obtain travel permits for themselves, their wives and
theirchildren before entering British India. Another isthat they should
be advised to carry passportç which are actually valid. It might also
be suggested to them that in war time it is desirable for husbands and
wives to carry separate passports. It also strikesme as desirable that
Our various frontier posts should maintain lists of officials of Portuguese
European origin, as well as lists of Portuguese European officials of
institutions like the Banco Nacionale Ultramarino. Would it be possible
for your office to compile such lists and to inform us of any changes?
We certainly do not want to antagoniçe our Portuguese European
friends by subjecting them to unnecessary inconvenience on the frontiers.
But we cannot afford to take risks, particularly as there are a large
number ofItalian prisoners-of-war, as wellas Italian internees of both
sexes, who map be attempting to reach Portuguese India.
Yours sincerely,
(Signed)
Jun. I 1941.
Encl. Nil.
Col. C.E.U. Brernner , M.C.,
H.B.hl.'s Consul,
Nova Goa.
Annex F. No. 83
From
His Britannic Majesty's Consul in the Portuguese Possessions in India,
To
The Chief of Cabinet,
Nova Goa.
Dated Nova Goa, the 28th June 1941.
Subject :-Identity papers on the Goan Frontier.
Sir,
1 have the honour to state that during my interview with Wis Excel-
Ieiicy the Governor General on the ~1st instant, 1 invited His Excel-
lency's attention to the inconvenience which was likely to be caused
at Castle Rock and other frontier posts to European Portuguese subjects
passing to and from Goa territory to British India without the requisite
Travel Permits, ordinarily issuable by the British Police authorities.
2. It is appreciated alike by rnyçelf and the Police authorities thst
much inconvenience may be caused to intending passengers of this
category, particularly if the object of the journey is of an urgent nature.
3. At the same time it wiIl be appreciated that the exigencies of the
War demand considerable precautions and a close scrutiny of the ANXEXES TO REJOINDER (F NO. 83) 637
travelling public. particularly on the frontiers of British India. It is
these circumstances that have necessitated the introductiori of Travel
Permits for al1 non-British European subjects desiring to traveI in
British limits.
4. To obviate the inconvenience that is likely to be caused to European
Portuguese subjects the Superintendent of Police has already addressed
the Inspecter General on the subject, suggesting that Travel Permits
for individuals resident in Goa desiring to enter British India should
be issued by me. Such a procedure would dispense with much incon-
venience.
5. His Excellency fully apprecinted the situation and was good
enough to say that in so far asofficiaiand their families were concerned
he would circulate an order to al1Departments to ensure that allcrossing
the Frontier should be in possession of "Guias", visaed by this Consulate.
This then disposes of the question ofal1European Portuguese Officiais
and their families.
6. There however remain a number of non-officiaisof this category
who may wish to trüvel to British India from Goa and I suggested that
pending the final decision of the higher British Police authorities I
should issue a permit to al1 such intending passengers lvhich would
serve as an authority to the Police at the British frontier to allow the
holder to pass. His Excellency suggested that applicants for such permits
should produce two copies of their photo for purposes of identification.
This is obviously essential.
7. Inow submit for His Excellency's approval a sample of the permit
which 1 propose to issue pending thc result of the reference by the
Superintendent of Police, Belgaum to the Higher Authorities.
I should be grateful to know, at your earliest convenience, if His
Excellency agrees with the form of the permit.
8. 1 omitted to mention to His Excellency a point which seems
obviously essential, i.e. that al1 applicants for such a permit should
produce a valid "Guia" from the local Portuguese Government to
establish their identity. I trust His Excellency will ügree with this
point as without such "Guia" inconvenience in establishing his identity
may be caused to the holder of a Travel Permit on reaching his des-
tination.
With the expression of my highest regard,
1 have the honour to be,
Sir,
Your most obedient Servant,
(Signed)
H.B.hl.'s Consul. ANNEXES TO REJOINDER (F NO. 84)
638
EhTCL.
1, Lieut-Col.C. E. U. Bremner, M.C., Wis Britannic Najesty's Consul
for the Portuguese Possessions in India, residing
at Nova Goa, hereby issue, after due identifica-
tion, this Travel PermitNo. .. datect ....
to ....................
holder of Guia (Passport) No. .. dated ...
issued by the Govemment of Portuguese India
for the purposc of crossing the BritishIndian
frontier at ...... for a single journey
to ....................
This Perinit does not absolve the holder from reportingto the British
Police Authorities at destination or frorn cornpliance with al1regulations
under the Foreigners Act for the time being in force in British India.
Given under my hand and seal this .... day of . (month) 194 .
a H.B.AI.'s Consul.
Annex F. No. 84
S. R.
Exw0 SENHOR CONSUL DE SLTA NAJESTADE
BK~TANICA NA INDIA PORTUGUESA
NOVA-GOA
GOVERNO GERAL.
No. IS~/G.
Salda no 788.
Em referencia ao oficio deV.Exa No. \IIIA/G~WF-~~I de I do corrente,
encarrenga-me Sua Excelencia O Governador Geral de cornunicar que
nao tem a propor alteracao alguma ao projecto de "passe" apresentado
por V.Exa corn o qua1 concorda.
Quanto a guia, todos os funcionarios a terao e para os nao funcionarios
a Direccao dos Servicos de Administracao Civil prissara um document0
' que embora nao seja propriamente uma guiri, servira para O portador
provar a sua identidade.
Queira V. Ex3. aceitar02 protestos da minha consideracao.
Keparticao do Gabinete do Governo Geral em Nova Goa, z de julho
de 1441.
Pelo Chefe do Gabinete,
Translation. Roaventura Pereira GONCALVES.
Chief of Cabinet's 1"Tenente
No. r87/G
Nova Goa 2-7-41.
With reference to your letter No. LIIAjGjWF-33r of the 1st instant,
H.E. the Governor General directs me to inform you that he does not
wish to make any alteration on the Schcme of 'Passe' shown by yoii,
and with which hc agrees.
Kegarding the Guia, al1 the officials will be given oneand the non-
officials will be given a document passed by the Office of the Civil
Administration, which though not exactly a Guia, will al1 the same
serve the bearer to prove his identity.
For Chief of Cabinet.
B. P. GOXCALVES. Annex F. No. 85
NO. 14-13.
From
Lt. Col.C. E. U. Brcmner, M.C., I.A., His Britannic Majcsty's Consul
in the Portuguese Possessions in India,
To
The Under Sccretary to the Government of India in the Esternal
Affairs Department, New Delhi.
Dates Nova Goa, the 27th Afarch 1942.
Travel Permits for foreigners entering British India from the Portu-
guese Possessions in India.
Sir,
1 have the honour to enclose for the information of the Government
of India and such action as they may deem fit,the translation of a letter
No. IOZIGdated 16th Narch received from the local Portuguese Covern-
ment, together with a translation to the enciosure to that letter.
The above quoted letter is the outcome of an interview accorded me
by His Excellcncy the Governor General when he represented the matter
to me verbally.
2.At this interview His Excellency stated that whilst the local
arrangcrnents made at the Goan Frontier were eminently satisfactory,
there appeared to be no such arrangements at the Damao (including
Xagar Aveli) Frontier or for Diu, the latter being however of lesser
import. In fact the Portuguese authorities at Damao werc unaware of
the tenets of the rcstrictions governing the travel of foreigners in British
India, nor did they know as to u-horn to apply for travel yermits. His
Excellency furthcr pointed out that Portuguesc officials and subjects
from Damao had constantly to travel to Goa at short notice, and that
having compIeted the journey as far as CastIe Rock they were held up,
and sometimes compelled to return to Belgaum, for a technical breach
of some regulation of which they were completely unawarc.
3. In the present instance the Governor General informed me that he
had had a very full cnquiry made into the case and had açcertained that
Sgt. Ribeiro (an European) had corne direct from Darnao to Castle Rock,
without halting in Bombay where he only had two hours to change from
Bombay Central Station to Victoria Terminus. He was in uriiforrn and
his Guia (passport) and other papers were in order. Despite this, and
that he had been officially summoned to Goa, Sgt. Ribeiro was compelled
to return, at his own expense to Belgaum (and subsequently to Castle
Rock), and was subjected to treatment by Indian oficials wliich was
unbecoming to an European. His Excellency also considered that the
question put to Sgt. Ribeiro hy the Policc Inspector (?) at Belgaum,
concerning his pay, the number of troops in Goa etc. were not of a
proper nature and were wholly irrelevant to the case.
4. Refore the receipt of the officia1representation of the case, oppor-
tunity occurred for unofficial discussion of it with Mr. Rodger, the640 ANNEXES TO REJOINDER (F NO. 85)
D.S.P. Belgaum, who confirmed the general outlines of the complaint
and expressed his regret to me that it should have occurred, particularly
in view of the fact that the Police lnspector at Castle Rock is empowered
to exercise his discretion insuch cases.
illr. Rodger pointed out to me that he had already represented the
question of the Damao Frontier a considerable time ago to his own
higher authorities in order that appropriate arrangements might be made
at Damao Road Rly. Station or elsewhcre for the issue, in situ, of
Travel Permits, but that apparently no action had been taken. As a
consequence considcrable inconvenience is caused to unsuspecting Portu-
gueçe officials, who arrive at the Goan Frontier without a travcl permit.
j.The matter is one which obviously requires prompt action to
obviate a repetition of the present regrettable incident for, petty as it
may seem, it is such incidents that engender bad blood and touch the
peculiarly susceptible "amour propre" of the Portuguese Authorities:
6. The systern prevailing on the Goan frontiers has worked so effi-
ciently that 1record it here, since its application, some modified forrn,
should be possible on the Damau and Nagar Aveli frontiers. It was
evolcd by mutual agreement with the Police authorities in Belgaum, the
local Portuguese Administration and myself. It works smoothly and
efficiently andis as follows.
Any European Portuguese, male or fernale, officia1 or non-official,
wishing to travel to a destination in British India, on production of a
guia, or an application from the local Portuguese Authorities and after .
due enquiry where necessary, isgiven a numbered travel permit as per
enclosed specimen. Where the applicaiit is not in possession of a guia,
he has to produce two signed photographs for sppending, one to the yass
issued, one to the office copy thercof. A register is maintained for the
latter.
7. At the Damao and Nagar Aveli frontierç it should be possible for
the Salt Rcvenue authorities to issue such passes by virtue of their
knowledge of the srnall number of Europeans in each of those areas.
Powers would of course have to be delegated to responsible Inspectors.
The passes could then be exchanged for regular "Travel Permits" by the
Railway Police at Dainao Road ('IVapi),Bhilad or Sangau l.
If this procedure were tobe adopted not only woutd inconvenience to
Portuguese officials be obviated, but a check on their movemcnts would
be facilitated. 1 therefore recommend the adoption of this system or
some other on similar lines. The essential is that promptactios nhould Be
initiat e thout furtherdelay.
8.Reverting to the incident under report, I have replied to letter
frorn the Portuguese Administration and stated that the matter is being
referred to the Governmeiit of India. 1 have also thought fit to express
my $ersonal regret for occurrence and to reimburse Sergeant Ribeiro
Rs. 6/z/-, being the amount he was called on to pay for his and Class
fare to Belgaum and back to Castle Rock.
1 trust that the Government of India will endorse my action and, ifI
may be permitted to suggest it, 1consider that an expression of regret
l Rarelyifever usedby Portuguese officials. for the incident from the Government of India would go far towards
smoothing the feeling of somewhat ruffled indignation that is obviously
felt by the Portuguese Authorities.
1 have the honour to be,
Sir,
Your most obedient Servant,
H. B. M's Consul.
Copy with copies of enclosures, forwarded to the Dist. Supdt. of
Police, Belgaum, with reference to our recent conversation.
1, Lieut. Col. C. E. U. Bremner, M.C., His Rritannic Najesty's Consul
in the Portuguese Possessions in India, Nova Goa, hereby issue, after
due identification, this travel permit. No. dated 194 ,
to holding Guia (Passport) No. dated 194 >
from the Portuguese Government at Goa for the purpose of crossing the
British Indian Fiontier at Castle-Rock or Anmode (or other exists) for a
single journey to in British India.
'sparticulars for identification
are as under :-
(Photo with signature of
the holder)
Height ..........
Coiour of eyes .......
Colour of hair .......
Complexion ........
Shape of face .......
Age ...........
Nationality ........
This permit does not absolve the holder from reporting to the British
Police authorities atldestination within twenty-four hours of arrival.or
from reporting to the Registration Officer of the first District in British
India at which he breaks journey or from cornpliance with al1 the
replations under the Foreigners' Act for the time being in force in
British India.
Given under my hand and seal, this the
day of 194 ,
H. B. M's Consul.642 ANNEXES TO REJOINDER (F KO. 85)
(2)
No. D. 4820 -XI42
From
The Under Secretary to the Govt. of India in the External Affairs
Department,
To
His Britannic Itlajesty's Consul in the Portuguese Possessions in
India, Nova Goa.
Dated New Delhi, the jth June 1942.
Travel permits for foreigners entering British India from
the Portuguese Possessions in India.
Sir,
With reference to your letter No. 14-13,dated the 27th Marcli 1942,
I amdirected to Say thatthe Government of Bombay have been addressed
in the matter; a further communication will be made to you as soon as
possible.
1have the honour to be,
Sir,
Your most obedient servant,
Under Secretary to the Government of India. Annex F. No. 86
No. 3-XI43
From
The Under Secretarv to the Government of India in the External
Affairs Department,
To
His Britannic hlajesty's Consul in the Portuguese Possessions in India,
Nova Goa.
Dated New Delhi, the 5th January1943.
Travel permits for foreigners entering British India from the Portu-
guese Possesçions in India.
Sir,
In continuation of letter from the Government of India in theExternal
Affairs Department No. D.4820-X/~Z dated the 5th June 1942, 1 am
directed tosap that, since foreigners entering British India from Daman
and Nagar Aveli taluka ordinarily do so at Vapi (Daman Road Station),
it seems that nny inconvenience they might be caused in obtaining
permits for travel through BritishIndia would be largely removed if
arrangements were made for the issuc of such permits at Vapi. The
Government of Bombay accordingly propose to authorise the Police
Head Constable at Vapi to issue travel pcrmtosforeigners about whom
there is no suspicion, and have asked the Registration Officer conceriied
to take the necessary action. Iii these circumstances it is unnecessary
for the Salt Revenue authorities to be authorised to issue passes which
could beexchanged for travel permits at Vapi, as suggested in paragraph
7 of pour letter N14-13 dated the 27th March1942.
2. In order to facilitate the issue of travel permits and reduce inconve-
nience to Europcan Portuguese officialstravelling between Goaand Daman
and Nagar Aveli taIuka, I am to request that, if there is no objection,
the Government of the Portuguese Possessioris may be asked to inform
such officials of the procedure mentioned in paragraIhand to advise
them to have their passports or other papofidentitywithtkem during
the journey.
I have the honour to be,
Sir,
Your most obedient servant,
Under Secretary to the Govt. of India.
Annex F. No. 87
S. K.
Ex18 SENHOR CONSUI D,E SUAMAJESTADE
RRITANIC NA INDIA PORTUGUESA,
NOVA-GOA
GOVERNO GERAL.
No.: zr/G.
Saida No. 49.
Tenho a honra de acusar a reccpcao do oficio No. 14-13/42 dII deJaneiro de 1943 e agradecer a V. Ex4 a forma como foi resolvido, ]le10
Governo da IndiaBritanica, Oproblema de passagem de portugueses de
Damao para Goa.
Quiera V. Ex" aceitar os protestos da minha consideracao.
ICeparticao de Cabinete do Governo Gera1em Nova-Goa, 12 de Janeiro
de 1943.
O Chefe de Gabinete,
Capitao.
Ta.
1 have the honour to acknowledge receipt of your No.: 14-13/4 of
11.11.4 and to thank you for the manner in which the question re.
the passageof the Portuguese from Damao to Goa was solved.
Annex F. No. 88
No. 35-3
BRITISH CONSULATE,
Nova Goa, the 17th February 1945.
From
Major M. O. A. Baig,M.B.E.,
His Britannic Majesty's Consul in the
Portuguese Possessions inIndia,
To
The Under Secretary to the
Government ofIndia in the
External Affairs Department,
New Delhi.
Sir,
1 have the honour torefer to the correspondence resting with your
letterNo.: D. 654-FEj45 dated the 1st February 1945 and to Say that
the question has been raised by the Portuguese authorities over travel
perrnits and not over registration.In Goa, 1 issue travel perrnits for
British India, and the Daman and Nagar-Aveli permit arrangements
are covered by your letter No. 3-Xi43 dated the 5th January 1943.
Nothing has been laid down as regards travellers from Diu, hence the
question asked by the Government of Portuguese India. Without travel
perrnits, European Portuguese subjects are not allowed to cross into
British India at all, irrespective of any questioof registratioif the
journey be broken.
As this case has been Iong pending, 1 should be grateful for an early
reply for transmission to the Portuguese authorities.
I havethe honour to be,
Sir,
Your most obedient servant,
H.B.M's Consul. ANNEXES TO REJOINDER (F NO. 89)
Annex F. No. 89
(1)
No. :D. 1565-F.E./45
From
The Under Secretary to the Government of India
inthe External Affairs Department,
To
His Britannic Majesty's Consul in the Portuguese
Possessions in India, Nova Goa.
Dated New Delhi the19th March 1945-
Sir,
1am directed to refer to your letter N35-3 dated the 17th February
1945 and to Say that at present there are no restrictions on the entry
into Britishndia from Diu of European Portuguese subjects domiciled
inPortupese India, nor do the Government of India propose to intro-
duce any such restrictions. European Portuguese subjectnot domiciled
in Portuguese India are, however, required to take out a passport for
entry into British India, under rule 5 of the Indian Passport Ru1921,
unless they are specificalIy exempted under an order of the Government
ofIndia.
1have the honour to be,
Sir,
Your most obedient servant,
(Seal.) H. DAYAL.
Under Secretary tothe Government of India.
No. :35-3
BRITISH CONSULATE,
Nova Goa, the 27th March, 1945.
From
Major M. O. A. Baig, B.M.E.,
His Britannic Majesty's Consul in the
Portuguese Possessions in India.
To
The Chief of Cabinet,
Nova Goa.
Sir,
I am directed to refer to your letter No.: 485/G dated the 28th
September, 1944 ,nd to Say that at present there are no restrictions
the entry into British India from Diu of European Portuguese subjects
domiciled in Portuguese India, nor do the Government of India propose
to introduce any such restrictions. European Portuguese subjects not
domiciled in Portuguese India, are, however, required to take outa646 ANNEXES TO REJOIXDER (F NO. 90)
passport for entry into British India, under 5uofthe Indian Pass-
port Rules,1921 ,nless they are specifically exemptcd under an order
ofthe Government ofIndia.
With the assurance omy highest esteem,
1have the honour tobe,
Sir,
Your most obedient servant.
H.B.M's Consul
Annex F. No, go
S.R. Saidan. " 644.
GOVERNG UERAL.
Reparticao de
Gabinete. EXM' SENHOR CONSUL DE SUA MAJESTADE
No. 178/G. BRITANIC AA INDIA POKTUGUESA,
Proc. n."... NOVA-GOA
Corn os meus agradecimentos, tenho a honra de acuasr a recepcao
do oficio de. Exa No.35-3,de 27 de Marco de1945.
Queira V. Exa aceitar os protestosminha consideracao.
Reparticao de Gabinete doGoverno Gera1em Nova Goa, 29 de Marco
de 1945.
O Chefe de Gabinete, IntO,
(Seal.) F. DE ORNELA SVASCOPU'CELOÇ.
1"Tenente
Translation No.17816. 29/3/45.
With thanks, 1 have the honour to acknowledge reccipt of your lettcr.
No. 33-3 dated the 27th March1945.
E-S.
3/4/45. Annex F. No.gr
(1)
By Air MaiL Ba,.
GOVERNMEN OTINDIA
MINIÇTRY OF EXTERN.~A LFFAIRS AND
COMMONWEAL TELATIONS
EXPRESS LETTER
From
Foreign,New Delhi,
To
India, Goa.
No. D. 8930-PVIjq8. Dated the 12th March, 1949.
Subject:-Grant of travel faciIities for India to Portuguese nationals.
Reference your expressletter No. 8/48(2), dated the 24th December,
194%
2.Persons who are domiciled in the Portuguese Possessions in India
are aIready exempt from the requirementç of passportç and visas under
the Indian Passport Rules, 1921. It is only Portuguese nationaIs (and
other foreigners) who are not domiciIed in the Portuguese Possessions in
India who must hold avalid national passport and a visa for India. The
same holds true of perçons domiciled in the French Establishments in
India. The instructions contained in our letter No. D. 4933-PVIj48,
dated the 9th December, 1948 do not, therefore, introduce any new prin-
ciple, andare onlyin accord with the existing law. Al1foreigners, whethcr
Governmcnt scrvants or missionaries, who are nof domiciled in the
Portuguese Possessions inIndia must thereforc hold valid national pass-
ports, with visas for India granted by you. Those who are domiciled in
those Posscssions may enter India even without passports o"GUIAS".
3. The question whether the "GUIAS" majr be accepted asa valid
travel document, in lieu of passports, is a separate issue and the Govern-
ment of India will be glad to examine this question if a specimen of the
"GUIA" is furnished to them, together with a statement as to the
conditions and circumstances governing the issue of such documents in
lieu of passports.
4. The expression: "free transit visas", in p5rof your letter under
reference is not quite clear. Entry as well as transit visas for India can
be granted to foreign Government officiah on their travel documents
without prior reference to the Government of India. Further, no fee is
charged for the grant of visas to foreign Government oficials, vide this
Ministry's ExpressLetter No. F. I~(I)-PVIj48, dated the 19th February,
1948. Visas to Missionaries have to be granted in accordance with the
"General instructions relatinto the grantof visa for India" read with
this Ministry's Expressetter No. F. 4(38)-PVII/qS dated 26th August,
1948.
j. The position may kindly be made clear to the Portuguese Indian
aiithorities, particularly the fact that tbisno ground for believing648 ANNEXES TO REJOIKDER (F NO. 92)
that any difficulties or new restrictions are being created in respect of
Portuguese national5 travelling to or through India.
The issue of the above has been authorised.
'Under Secretary to the Government of India.
Copy, together with a copy of the Ietter under reference, forwarded to
the Ministry.of Home Affairs with reference to their U.O.168014gFI
dated the 25th February,1949.
[See Amex E No. 47, Vol. II,$p.366-367.1
Amex F. No. 92
Frorn
Governo Geral Servico Da Republica,
To
Exm Senhor Consul da India na India Portuguesa, em.
No. 356jG.
Saida no. 1363.
GOA
Em referencia ao oficio deV. Exa no 8/48(z)-835, de zg de Marcode
1949, encarrega-me Sua Ex& O Governador Geral de enviar, conforme
V Exa solicitou, um exemplar da guia de transito quea Direccao dos
Servicos de Administracao Civil deste Estado, passa aos funcionarios
publicos, a sua familia e aos missionarios, para transestrangeiro.
2. Devo informar a V, Ex" que todos os funcionarios publicosem
servico neste Estado ou que para este Estado vern parO exercicio das
funcoes publicas sao portugueses que necessariamente tem residencia
legal naIndia Portuguesa.
3. ASguias de transito que lhes soa passadas, conforme ja tive a honra
de esclarecer V. Exa no noz do meu ofico no760/G,de 23 de Dezernbro
de 1948, oferecem precisamente as mesmas garantias dos passapottes,
dado que os funcionarios publicos quando sao nomeados tem um pro-
cesso donde constam todos os documentos que sao exigidos para a
concessao de passaportes, o mesmo acontecendo com as respectivas,
familias que viajampor conta do Estado e corn os missionarios.
4. Cumpre-me ainda esclarecer a V, Exa, em referencia ao no 3 do
oficio ern referencia sob resposta, que os funcionarios publicos em service
neste Estado sao todos portugueses corn domicilio legal na India Portu-
guesa, nao havendo quanto a nacionalidade, como V. Exa bem sabe,
qualquer distincao entre um natural deste Estado e um natural da
Metropole, pois todos sao portugueses com iguais direitos. ANNEXES 70 REJOIKDER (F NO. 92)
649
5.Em virtude das facildades que sempre foram dadas aos portugueses
residentes nesteEstado, metroyolitanos ou daqui naturais, para transito
na India vizinha, este Governo Geral vem concedendo igualmente, corne
e doconhecimcnto de V. Exa facilidades para transito na India Portu-
guesa aos estrangeiros nacionaisda Uniao Indiana, pois lhes da certas
regalias e isencoes, ou seja um tratamento diferente do que e usado
para os restantes estrangeiros.
6. Nestas condicoes espera este Governo Geral que O Governo da
Uniao Indiana considerando tudo O exposto mantenha em vigencia O
regime que ate agora se tem adoptado, porquanto e desejo deste Governe
Geral tarnbem nao alterar O sistema em vigor para a entrada nesto
Estado dos nacionais da Uniao Indiana.
Queira V. Ex& aceitar os protestos da miiiha consideracao.
Reparticao do Gabinete do Governo Geral na cidade de Goa, aos
12 de Abri1 de1949.
O Chefe do Gabinete,
Copy of the translation of letter No356/G.dated the 12th Apnl 1949
from the Chief of Cabinet, Goa.
[SeeAnnex E No. 48, Vol. II$p. 367-368-1 ANNEXES TO REJOINDER (F NO. 93)
Annex F. No.93
(1)
By airmail bag.
SECRET.
GOVERNMEX OTINDIA
MINISTR YF EXTERNA ALFFAIRS
From Express Letter.
Foreign, New Delhi,
To
India, Goa.
No. D. 17187-PV(I)j4g. Dated New Delhi 3, the 29th June, 1949.
Subject:-Grant of travel facilities for India to Portuguesc nationals.
Keference your express letter No.8/qS(z)-1080,dated the zjrd April,
1949, and this Riinistry's telegram No. 4343, dated the 7th &Ta1949.
2. The Government of India are prepared to acceyt the "GUI.+"
issued by the Portuguese authorities asa valid travel document though
they would prefer its use restricted to the cases of those persons who are
not able to obtain their national passportseasily in Goa. They would,
however, like to be informed why the Portuguese authorities prefer to
issue''GUIAS "ather tfian regular Portuguese passporto their nationals,
and also whether "Guias" are used by Portuguese nationals for travel to
destinations otherthan India. It shoiild, be made clear that the possession
of a "GUIA" will not exempt the holder fronithe necessity of obtaining
a visa for India unless he is domiciled in Portuguese India, in whicli
case he will not require any travel document at all.
3. We have no objection to the issue o"GUIAS" to missionaries, but
we agree that they calaaot betreatedas oÆcials for the purposeO/ grant
of visus, and the prescribed visa requiremeiits asapplicable to mission-
aries must be fulfilled.
4. The Government of Tndia cannot accept the argument of the
Portuguese Indian authorities that al1Portuguese officials, whether born
in Portugal or clsewhere, acquire domicile in Portugiiese India while
they officially serve in tfiat territory. The word "domicile" uscd in thc
Indian Passport Rules is to be interpreted according to laws in force in
India. Under these laws, in order that a person may be treatcd as domi-
ciled inayarticular country, he must satisfy two conditions:-
(1)that he is resident in that countryand
(2)that he intends to niake that countryhis permanent home.
A man isnot to be deemed to have taken i~ph s fixed habitation in
a country merely by reason of his residing there in civil, inilitary, naval
or air force service or in the exercise of any profession or calling. This
may be explained to the Portuguese Indian authorities, and they may be
informed that under the provisions of the laws in force in lndia the
persons in question must obtain visas for India on their Portuguese
passports or "GUIAS".
The issue of the above has been authorised.
Under Secretary to the Government of India.
(2)
jSee Annex E No. 49, Vol. II,$9.368-3651.] ANNEXES TO REJOINDER (F NO. 94)
Annex F. No. 94
1)
Annex P. Xo. 23.
EXPRESS LETTER. SECRET
NO. ~111119-I.
2nd January, 1951.
From
India, Goa,
To
The Passport Officer,
Care 'Kestis'
Bombay.
Suhject : Mr. Augusto Rawl de Seabra.
Portuguese official.
Mr. Augusto Rawl de Seabra (Portuguese European) Judge of the
Satcete Judicial Division, Margao, went to Bombay via Anmode on the
23rd Decembcr, 1950 without obtaining a transit or cntry visa on his
passport No. 852 dated the 19th July1947 . edoes not also holda valid
"Guia" duly vised by this Consulate General. Sub Inspector of Police,
Anrnode, must have allowed him to cross frontier by rnistake. Reyorted
fornecessary action.
(Signed)Diy Chand V~~n1.4,
For Consul General for India, Goa.
Copy to thc Inspector of Police, Castlerock, tviarequest to indicate
the circumstances under which Mr.Augusto Rawl de Seabra was allotvetl
to enter Indian territory.
D. C. V.
For Consul General for India, Goa.
(2)
No. V11I/1g-196. 18th January, IgjI.
To
Thc Inspector of Police
on Special Duty,
Castlerock.
~IE~~oR.~sDu~~
Please refer to this office endorsemcnt No. VIII/I~-I dated the
2nd January, 1951 regarding hlr. .4ugusto Rad de Seabra, Portuguese
national, and letus know as earIy as possible the circumstances under
which he was allowed to enter Indian tcrritory. It is requested that
referencesin siich cases from this officeshould be complied with promptly.
D. C. V.
For Consul General for India, Goa.652 ANNEXES TO REJOINDER (F NO. 94)
(3)
No. VIII/xg-240. 20th January, 1951.
To
The Passport Officer,
Care of the
Chief Secretary to the Government of Bombay,
Bombay.
Sir,
In continuation of Our Express letter No. VI11/r9-1 dated the
2nd January, 1951, I have the honour to inform you that the Inspector
of Police, Castlerock, confirms that there was a mistake in allowing
hlr. Augusto Rawl de Seabra, a Portugueçe national, to cross the frontier
without a visa from this Consulate General. 1 shalI be gratefulto know
what action has bccn taken in the matter. It is reported that he is staying
in the Taj Riahal Hotel, Bombay, with his car NO. (3-3460.
Yours faithfully,
(D.C. V.)
For Conçu1General for India, Goa.
TRIBUKA UDICIAL DA COMARC AE SALCETE
GUIA
Segue de Margao para Damo, O Juiz de Direito Augusto Raul de
Seabra, devidamente autorizado.
Margao, 18 de Dezembro de 1950.
O Juiz de Direito,
(Signed)
(AugustoRaul DE SEABRA).
(NOTE.-If any of theparticularfurnishebeloxv are found be incorrecor
if any informatioisfound to have been withhelthe visaiçliable to
becancelledatany time.)
I. Narne in full. (Surname in capitals) :-
Augusto Raul de Seabra
2 Surname at birth, if different :-
Same ANNEXES TO REJOINDER (P NO. 94)
653
- 3. Address:-
(a) Permanent Margoa. Goa
(6) Present Same
4. Date ofBirth: 28th February, 1908.
5. Place of Birth (Country and Town or District) :-
Concelho de Anadia. Aveiro.
Portugal.
6. Present Nationality :- Portuguese
7, Nationality at Birth:- Same
- - - - ---
8. Nationality of Father at his Birth: Same.
9. FVhether holder of a Passport from his/her Government
and if so number and date of passport, place of issue
and date up to which is valid.
Yes officia1Passport No. 852'119 Lisbon, 19th July, 1947.
ro. Whether previously in India, and if so places of residence,
~vithdates:-
Yes, Taj Mahal Hotel. ANNEXES TO REJOIKDER (F NO. 94)
(5)
No. VIIIJrg-349. 30th January r95r.
To
The Chief of Cabinet,
Goa.
Sir,
1 have the honour to inform you that Mr. Augusto Rawl de Seabra,
Judge of the SalceteJudicial Division at Margao, called at this Consulate
General on the 14th December 1950 for obtaining a transit visa for
India to go to Daman on a private visit. As there was no space in his
passport for endorsing the visa, he was told to bring a new passport or
"Guia". Mr. Seabra presented the supposed Guia (copy enclosed) and
insisted that we should issue a visa on He. was told that the Guia was
not valid and thathe should bring a passport or Guia issueby the com-
petent local authoritiesMr. Seabra never came again to this Consulate
General for a visa. Now itisreported by OUT authorities at Anmode that
he went there on the ~3rd December 1950 and was allowed to enter the
Indian territory bonû fidetaking into consideration his position and the
inconvenience that would cause to him in case of refusalMr.Seabra has
deliberately violated the yassport rules by crossing the frontier without
obtaining the necessary visa from this Consulate General.
Please accept, Sir, the assurances of my high consideration.
For Consul General for India,
(Signed) Dip Chand VERMA,
Goa.
Bo. 350.
Copy to thc Chief Secretary to the Government of Bombay, Bombay,
for information. The Inspecter of Police, Castlerock, reported on an
inquiry that the mistake occured in the absence of the Police Officer,
Anmode, who had gone elsewhere on duty. It is requestcd that the Police
Oficer shouid be instructed to hand over this work to responsible perçons
whenever they leave the station.
(Signed D.C.V.
For Consul General for India,
Goa. ANNEXES TO REJOINDER (F NO. 94)
655
(6)
D. No. 2934-EUR.I/5~.
SECRET.
No. S-ICG/IZ~/I~~. CONSULAT EENERAL FORINDIA,
'GOA.
9th June 1952.
The Under Secretary to the
Government of India,
Ministry of External Affairs,
New Delhi.
Subject:-Visit of the Governor General of Portuguese India to Nagar
Aveli.
Sir,
With refcrence to your letter No.D. 1710-Eur. 1/52,dated the 26th
May 1952, 1 write to state thata report published in the "Noticias do
Estado da India" of the first fortnight of January 1952 gives a full
description of the Governor Gcneral's visit on the 5th January ~gjz to
Dadra and other villages situatedinside Nagar Aveli. The "Noticias do
Estado da India" is an officia1news bulletin published fortnightly by the
Portuguese India Government and copies thereof are being regularly sent
to the Ministry. The bulletin in question was forwarded under our endor-
sement No. 1x18-375, dated the 13th February 1952. Itdoes not seem
necessary to pursue the question with the Government of Bombay; it
&being clear from the letter from the Chief Secretary that no advance
ntimation was received by them of the Governor General's visit.
2. A further similar contravention of normal courtesy occurred when
theGovernor General accompanied by the Portuguese Overseas illinister,.
Com. Saramento Kodrigues, again visited Nagar Aveli on the 29th ilpril.
1952. This visit is also borne out by local press reports, the authenticity
of which is undoubted. It is also confirmed by other reliable reports.
received by us that during this visit the Overseas Minister visited Kunta
village actually situated in Indian territory.
3. ~iih reference to the çtaternent in the Ietter from the Chief Secre-
tary to the Government of Bombay that advance intimation was received
from the Consul General of India, it may be stated that this intimation
was based on unofficial intimation received by us and not an officia1
communication from the Goa Government.
4. No reply was received to Mr. A. N. Metha's letter No. S-ICG/4r/'
49-57, dated the zznd July, 1949 rererred to in para 2 of your endorse-.
ment. The letter was not cvcn acknowledged.
Yours faithfully,
(Signedj
Consul General of India,
Goa. AXKEXES TO REJOIKDER (F NO. 95)
Annex F. No. 95
(1)
Office of theD.I.G.P., C.I.D.,B.S.
Camadia House, Warden Road, Bombay No. 26.
14th May 1952.
No. 7/oz/For/ j2.
Subject :-Security Controlover roadleading from Daman to Nagar Aveli.
Reference:-I.G.P.'s endorsemcnts Xo. 5424-V dated 25-4-52 and
2-j-52.
Portugueseofficialstravelling from Daman to Nagar Aveli or vice versa
have to pass through Indian territory. The visits between these two
places by European Portuguese officials are reported to be gcnerally few
and limited to occasions when the Governor General of Portuguese
India or any Portiiguese Minister visit the places.
Thcre is ai prcsent no securitycontrol on the road leading from Daman
to Nagar Aveli so far as the Indian territory is concerned. On lhe otker
halzd,the Portuguese audhoritiehave recefztlintrodztcednsystem by wkich
I?zdia?zh7atio~zaEentering Daman territory are reyztirud to ,reporttheir
arrival#?.iddeparfure at the checPes tt Dabhel. With aview to have a
incasure of control over the movements of Portuguese officials transit-
ing Indian territory which is necessary from a security angle,1 think
it worth whi1ethat we should also introduce a systern of security control.
This may, as suggested by tlie Consul Gcneral for lndia in Goa, take the
form of issuing visas and identity ccrtificates for Portuguese European
Officialsand Portuguese Ijidjan (Goanj Officials respcctively.
Thcre is a police out-post ai Vapi ~vhichis a strategic point on the
road from Daman to Nagar Avcli and it is manncd by I.S.I., I.U.H.C.
and 4 unarmed constables. Te D.S.P. Surat reports that the present
strength at the outpost is sufficient to work the security arrangements,
if introduccd at Vapi.
(Sig~bcdB) .û. BILI,IMORIA
D.I.G.P., C.I.D., B.S.
(2)
SECRET.
To
The Secrctary to tiie Government of Bombay, Home Department.
Poona, 19th May 19j2.
No. 5424-V.
Subject:-Security Control ove? the rond leadiiag/rom Daman to Nagar
Aveli.
Reference:-Government cndorse~ricnts Home Department (Political)
No. S.D./P. & S.D.P.-C (~165)/40z$ dated 18.4 jz and 90.
S.D.JP. & S.D. 535/52/4859 dated 22-4-j~.
2.The Deputy Insyector General of Policc, C.I.D., was consulted by
me in this matter and a copy of his report No. ~/oz/For/5z dated 14-5-52 ASKEXES TO REJOINDER (F NO. 95) 657
is sent herewith. In the circumstances stated therein, 1 entirely agree
with the Deputy Inspector-General and considcr that from the security
point of view it is esscntial to introduce a system of security control on
the road leading from Daman to Nagar Aveli so far as the Indian terri-
tory is concerned.
(Signed)
Tnspector General of Police.
(3)
Political and Services Devartment.
Bombay Castle, 3rd un< 1952.
Con fidenlial.
From
ShriM.D. Bhansali, I.C.S.,
Chief Secretary to the Government ofBombay,
Political and Services Department,
To
The Secretary to the Government of India,
Ministry of External Affairs,
New Delhi.
Subject:-Security control on the road between Daman and Nagar
Aveli. Introduction ofthe system oi ...
Sir,
With reference to your Ministry's Secret Letter, No. D. 1516-Eur.
1/52 dated the 12th April, 1952,on the above subject, 1 am directed to
enclose copies of an express lcttefrom the Inspecter-General of Policc,
Bombay State, No. 5424-V dated the 19th Nay, 1952, and its accon]-
paniment for the information of the Govcrnment of India aiid to state
that from the security point of view, this Governmcnt considers it
essential to impose security control on the road between Daman and
Nagar AveIi as proposcd by the Consul Generalof India at Goa.
Yours faithfully,
(Signed)
For Chief Secretary to the Govt. of Bombay,
Political and Services Department. Annex F. No. 96
EXPRESL SETTER
SECRET.
IMMEDIATE.
To The District Magistrate, Surat.
No. 4967/46/C-8172-A. Bombay Castle, z~st January 1954,
Subject :-Visa for European Portuguese Officia1of Daman and Nagar
Aveli.
Copies of an endorsement No. D. 7zzo-Eur.-I/53, dated the 19th
December I9j3 from the Government of India, hlinistry of External
Affairs and its accompaniments are enclosed for your information.
2. Government is pleased to authorise you to issue, on application,
transit and retum transit visas, to European Portuguese officials per-
manently stationed in Daman/Nagar Aveli to enable them to transit
through Indian territory on their way to Nagar Aveli/Daman and back.
As these officials will actually traIndian territory twice on a single
return trip they will require two transit visas for their joumey to and
fro, in the enclosed visa forms A aB. They are therefore lo be granted
two visas each time, one in formA for their entry into India in transit
and another in formB for transitting Indian territory on tway back.
As it is not perrnissible to sendpassports outside Indian tebyipost,
the officials will send their passportyou by messengers. Applications
for such visas from European Portuguese Military Officers other than
those who have been stationed in those territories for some time should
be forwarded with your report. They willbe forwarded to the Govern-
ment of India by this Department.
3. For each visa whi~h-~ou are now authoriçed to grant, you should
recover a sum of Rs. IO/- from the person concerned. The amount
of fees so recovered should be credited to the head "XLVI-Miscellaneous-
Naturalization Passports and Copy-Right Fees -Centralw. A report
showing the total fees collected during the year should be submitted to
the Passport Ofkcer to the Government of Bombay at the chse of the
financial yearA register should also be maintened in the form attached
herewith showing the number and details of visas issued by you. You
should alsofurnish to the Government of India inthe Ministry of Home
Affairs, every week, particulars of al1 visas granted by you under this
authorisation and those issued by you under instructions of Govern-
ment, inthe accompanying form. Copies of these statements should be
forwarded to the Government of India, Ministry of External Affairs and
also to the Passport Officer to the Government of Bombay.
4.Holderç of diplomatic and special passports should be granted
gratis visas.
For M. D. BHANSALI,
Chief Secretary tothe Government of
Bombay,
Political and Services Department. ANNEXES,TO REJOINDER (F NO. 97)
Annex F. No. 97
SECRET.
EXPRESSLETTER
From
Passport Officer, Bombay,
To
District Magistrate, Surat.
No. P.C. 2313154 Bombay Castle, the 13th May 1954.
Subject :-Goan officials in Portuguese Establishments in India-Re-
striction on-
Reference your letters No. POL dated the 14th April, 23rd April and
24th -4pril 19j4, on the subject mentioned above. The points raised by
you are clarified as followsad seriatum:-
I) The Goan officials are to be granted permits for their stay in India
also. The permit is not to be made valid rnerely to enable them to
pass through India. The circumstances in which their desire to stay
for the period requested by them should, however, be throughly
examined, and permits for such period as is considered necessary
should be issued.
2) The specific nature of the officia1duties shoirld be mentioned in the
permit.
3) Every application for permit should be disposed of on merits and a
permit for such period as you deem fit should be issued. There is no
reason however to be specially strict.
4) There is no objection to the members of the family of the officials
being issued permits to enable them to accomyany the Iatter for
official or other purposes. Separate permits are to be issued if they
hold separate travel documents.
5) There is no specific period as such but every case should be decided
on merits at your discretion.
6) The permits are valid for single journey only. Ifthe officia1desires
to visit India again, he should be asked to apply de novo.
7) If a Goan officia1holds a passport, he may come to India on a visa
for entry into India issued by the Consul General of India at Goa.
In such cases, no permit is required. Portuguese Europeans are
required to take visas only and yermits are not to be issued to them.
8) Your presumption that Goans, other than officials, are not required
to take out permits, is confirmed.
As regards your letter dated the 24th April, 1954, the following
instructions are issued :-
I) The fee of Rs. 21- is to be charged for each journey for purposes
other than official. If the members of the family of the Goan official
travel on the same travel document only Rs. z is to be charged. If
however, they hold separate travel documents, a free of Rs. a/- per
permit should be charged.660 ANNEXES TO REJOINDER (F NO. 97)
2) Every mernber of the Goan officialshould be asked to make a separate
application in triplicateif each of them holds a separate travel
document. The names may be included in one application if al1 the
members of the family travel on thesame traveI document. In that
case, separate applications need not be insisted upon.
3) Your presumption is confirmed.
4) The feeç rnay be credited to the centrahead, "XLVI-Miscellaneous-
NaturaLization-Passports & copyright feeç-Central".
5) Necessary instructions have been issued to you under Government
endorsement No. even dated the 5th May 1954,
AIC 315.
Passport Officer to the Government of
Bombay. ANNEXES TO REJOINDER (F NO. 98)
Annex F. No. 98
SECRET.
EXPRESS LETTER.
To
The District Magistrate,
Surat.
No. A(Z).
roth June 1954-
Subject :-Visas for permits to Portuguese
Officials stationed in Daman and
Nagar AveIi.
It has been represented to Governmcnt by the Governor of Daman
that, as there is no competent ailthority to grant visas or permits to
Portuguese or Goan officials stationed in Daman and Nagar Aveli, while
the District Magistrate,Surat, is on tour or is otherwise absefrom the
headquarters on oficial duties, great inconvenience is being experienced
by thern. Government, therefore, hcreby authonses the Addit.iona1
District Magistrate, Surat, to exercise, during the District Magistrate's
absence, the powers of the District Magistratein the matter of issuing
visas orpermits to the said Portuguese or Goan officials.
M. D. BHANSALI,
Chief Secretary to Govt.
Copy t0:-
The Secretary orthe Governor.
The Secretary to the Chief Minister.
The Home Department.
The I.G.P.,State of Bombay, Poona.
The D.I.G. C.I.D.Bombay State, Bombay.
The D.S.P. Surat.
The Passport Officer tothe Govt. of Bombay.
The Secretary to the Govt. of India, Ministry of External Affairs,
N. Delhi.
The Secretary to the Govt. of India, Ministry of Home Affairs,
N. Delhi.
In continuation of this Department's endorsement No. 49671461'
C/817z-A, dated 21.1.1954. ANNEXES TO REJOINDER (F NO. 99)
Annex F, No, gg
The Ministry of External Affairs present their compliments to the
Legation of Portugal in India and with reference to their Note No. 121
of the 10th August 1954 ,ave khe honour to state as fo1lows:-
The Government of India have noted the tendency on the part of the
Government of Portugal to issue exaggerated accounts of happenings
in Dadra and Nagar Aveli with a view to confuse world opinion. The
Government of India have had occasion to bring this fact to the notice
of the Portuguese Government but they regret to note that they are
continuing unabated in their propaganda drive which has no relation
to the actual facts.
The latest note of the Portuguese Government referring to inter-
national agencies quoting press news that Nrs. Fidalgo, wife of the
.Portuguese Administrator in Nagar Aveli, $vas held as a hostage by
arrned bands etc., is another such example of this tendentious propa-
ganda against India.
Mrs. Fidalgo entered Indian territory at Lavacha without a passport
or a visa as required under the regulations. She u7as detained by the
Indian police authorities at the bordeOn the instructions of the Bombay
Government, however, she was permitted to proceed to Bombay where
she is at present in good health and free to rnove about. She made a
statement to the Sub-Divisional Magiçtrate of Bulsar that she wishes to
proceed to Portuguese East Africa after getting herself treatcd for her
ear trouble inBombay.
The fact that the present Portuguese note was primarily meant for
propaganda purposes is borne out by the fact that the note was presented
to the Government of India on the 10th August and released the sarne
day to the press in Lisbon despithe fact that Mrs. Fidalgo had reached
Bombay on the night of the 8th August. It is surprising that hlrs.
Fidalgo did not contact the Portuguese Consulate-General the next day
and that the Portuguese Consulate-General d,idnot inform the Legation
of the safe arriva1 of Mrs. Fidalgo.
The Ministry take this opportunity to renew to the Legation of Portu-
gal the assurances of their highest consideration.
Legation of Portugal,
New Delhi. ANNEXES TO REJOINDER (F NO. 100) 663
Annex F.No. IOO
SECRET
Amy Headquarters,
General-Staff Branch
GHQPO. New Delhi-II.
3 Jan. $9.
It ishereby certified that :-
(a) In JuIy and August 1954 there was no military stationles~ than
92 miles from Daman, Dadra and Nagar Haveli.
(b) In July and August 1954no troop movements took place either
towards orin the regiort of Daman, Dadra and Nagar Haveli.
(c) In July and August 1g54the Maratha battalions were nowhere near
the areas mentioned above, the neareçt Maratha battalion being at
Pathankot which is about950 miles away from these territoies.
(a )he above information has been derived from Order of Battle-
Southern Command and Movement Reportç for the year 1954 which
are secret documents.
(Signed)
General
Chief of the ~rrn*Staff.
(11)
SECRET
SUMMARY OF THE DISPOSITION OF MILITARY UNITS
SUMMARY
r. The nearest military station to the Portugueseterritories of Daman,
Dadra and Nagar Haveli is Deolali which is abou92 miles away. The
other military stations çituated rouabout the area are Bombay and
Suburbs.
z. The units other than store holding depots and training estabIish-
ments Iocated atthe above stations during the period July and August
1954 were as under:-
DEOLALI
One Locating Regiment (Artillery)
Two Air Observation Posts Flights
One Heavy Regiment (Territorial Arrny)
Ancillary administrativeunits e.g. Medical, supply, Repair cover
and so on.h64 ASh'EXES TO REJOIKDER (F SO, 100)
Headquarters Bombay Area
Headquarters Bombay Sub Arca
One Coast Battery
One Infantry Battalion of the JAT Regiment
One HQ Docks and Inland Water Transport Engineers and Sub units
One Company Soutliern Command SignalRegimcnt
One Heavy Anti Aircraft Regiment (Territorial Army)
Two Coast Batteries (Territorial Army)
Ancillary administrative units e.g. hledical, Supply, Kepair cover
and so on.
3. A map of the Bombay Sub Area as it existed in 1954 showing
military stations underlined in red pencisattachecl. ANNEXES TO REJOINDER (F NO. 101) 665
Annex F. No. IOI
LETTER NO. B/Io, DATED THE I~TH MAYr954, FROM THE DISTRICT
SUPDT. OF POLICE,SURAT A'JD DANGÇ, ADDRESSE'D TO THE SECRETARY
TO THE GOVERNMEN OTROIIIHA YO,ME DEPARTMENT
Subject :-Strength at Vapi Police Station.
Reference your secret telegram No. 30, dated 12-5-54,on the subject
noted above.
Vapi Police Station has been opened and started functioning with
effectfrom 00.00 hours on 8-5-54.
The following is the disposition of Armed and Unarmed Police Officers
and men in the border area.
S. 1. Unarmed Arrned
H. Cs. P. Cs H. Cc. P.Cs.
I. Vapi Police Station ...... I 7 15 1 3
Addl. Prohibition Staff. .... I 5 '3 - -
2. Fatehpur Out-Post. ...... - I 2 - -
Grand-Total :- 2 13 30 1 3
Prohibition Stag
Unarmed
H. Cs. P. Cs.
Vapi P. Stn. .......... I
Damanganga Check Post. .... -
Challa Check Post. ....... -
Dungra Check Post. ....... -
Chhibad Kachha Check Post. .. - -
1
12 S.K.C. men also are posted at Vapi with one Government Vehicle
at their disposa1for patrolling purposes. ANNEXES TO REJOINDER (F NO. 102)
Annex F. No. IOZ
(1)
No. D. 228-ElJR 1/53,
MINIÇTRY OF EXTERNAL AFFAIRS,
NEWDELHI
January 21, 19j3.
The Ministry of External Affairs present their compliments to the
Legation of Portugal and have the honour to bring to their urgent
notice two incidents which took place on the 1st January 1953,in both
of which the Commissioner of Police of Goa, Captain F. R. Romba, was
alleged to have been involved.
2. The first incident, as reported to the Indian Consul-General at
Goa, took place at Hotel hlandovi in the afternoon when a station-wagon
carrying the Commissioner of Police struck against car No. BMZ-9936
belonging to Shri B.S. Sood, an officia1of the Bombay Port Trust and
driven by his chauffeur, Shri Bhagwant Singh. Shri Sood was spoken
to harshly by the Commissioner of Police and subsequently after some
discussion both. Shri Sood and the Chauffeur, were removed to the
Police Station. While the Chauffeur was detained at the Police Station
in a cell, Shri Sood waç allowed to return to the Hotel. 80 reason for
such action was communicated either to the Chauffeur or to the owner
of the car.Shri Sood has reported to the Consul-General that the Com-
missioner of Police used force against hirnby roughly clutching at his
clothes in the reception hall of Hotel hlandovi. On the release of Shri
Bhagwant Singh from the Police Station at ro o'clock at night, after
the Consul-General had sought the persona1 intervention of His Excellen-
cy the Governor General of Goa, it was reported to the Consul-General
that the chauffeur had bruises over his body and blood Stains on the
clothesindicating that he was beaten roughly by the police.On enquiry
the chauffeur stated that he was beaten personally by the Commissioner
of Police. In support he has prodiiced his blood stained clothes to the
Consul-General.
3. The second incident took place at about 5-30 the sarne evening at
Dona Paula when Shri S. K. S.Bhatnagar, the Registrar of the Indiaii
Consulate General, was returning frnm 1)ona Paula in the car of the
Consul-General. While reversing on the narrow road connecting with
the quay of Dona Paula, the Commissioner of Police is stated to have
shouted at the chauffeur and asked hirn to stop. When the car was
stopped and the Registrar and the chauffeur got out of it, the Commissi-
oner of PoIice started shouting at both of thern in Portuguese. The Regis-
strar explained to hirn politely that hedid not know Portuguese but
that did not prevent the Commissioner of Police from continuing his
tirade. The Commissioner of Police is alleged to have also used insulting
language about the Indian Consul-General. He is alleged to have banged
the door of the car about four times with force and the Registrar just
rnanaged to escape injury. The car was detained for 15 minutes aiter
which it was allowed to go.
4. The Consul-General of India has already made a rcpresentation
in this regard tois Excellency the Governor General.
5. The Government of India are very much concerned over this
incidents and this Ministry would be grateful ifthe Legation ~vould ANNEXES TO REJOINDER (F NO. 103)
667
enquireinto them and take necessary action to erisure that such incidents
do not recur.
6. The Ministry take this opportunity to renew the assurances of
their highest consideration.
The Legation of Portugalin India,
(Seal & Date,)
New Delhi.
(11)
No. D. 4754-Eur. 1/53,
MINISTRY OFEXTERNAL AFFAIRS,
NEW DELHI
October,1953.
The Ministry of External Affairs present their compliments to the
Legation of Portugal inIndia and with reference to the Legation's note
No. IIr (Proc.7,7)dated the 19th August1953,have the honour tostate
that the Govemment of India regret that they are unable to accept the
position asstated in the Legation's note in regard to the Government of
India's protests on the incidents of the 1st January1953, invoiving
Captain Famando Da Costa Raves Romba Chief of Police in Goa.
2. For çome time past, the Government of India have been watching
with conccrn the activities, involving insult, harassand assault of
innocent Indian nationals viçiting Goa, of Captain Romba. The most
glaring examples of this form of activity were the incidents relating to
the assault of MrB. S.Sood and his chauffeur BhagwantSingh,and the
treatment meted out to the Registrar of the Consulate-General of India
in Goa by Captain Rornba. These incidents were specifically brought
to the notice of the Legation in the Government of India's protests
referred to above and it was hoped that the Portuguese Govemment
wouId be able to restrain the anti-Indian zeal of this officer. The expec-
tations of the Government of India have, however, not been fulfilled.
3. Recently the Government of India have corne to learn from reliable
sources that Captain Romba while transitting Indian territoryfrom
Goa to Daman indulged in the most reprehensible form of) political
activity in Bombay, thereby showing a complete disregard of the nor-
mal and elementary courtesies expected of a foreign visitor in India.
4. In view of the above, the Government of India have decided not
togrant in future anyntry or transit visa for India to CaRornl~a.
The Ministry takethe opportunity to renew to the Legation of Portu-
gal the assurances of their highest consideration.
The Legation of Portugal Seal and date.
in India,New Delhi.
Annex F. No. 103
(1)
LETTER FROM THE JOIKT SECRETARY TO THE GOVERNMEN TF IKDIA,
MINISTRY OF EXTERNAL AFFAIRS N,EW DELHI, TO THE DIRECTOR-GENE-
RAL, ALI,INDIARADIO, 16 ~VELLESLE RYOAD,NEWDELHI
SECRET-IMMEDIATE, No. 6664-JS(LV)/58.
Dear Mathur,
In connection with the case with Portugal in .the InternatiCourt
of Justice an allegation has been made that about the 30th Ju1954,668 ANNEXES TO REJOINDER (F NO. 103)
All India Radio announced that the Indian army was marching into
Nagar Aveli. It is essential that we find out as quickly as possible if
any broadcast was made between the 21st July and 15th August, 1954
in a news bulletin or otherwise, frorn New Delhi, Bombay or any other
station ofAl1 India Radio saying that the Indian army was marching
into Nagar Aveli.1 should be grateful if you would kindly obtaiand
send us al1the relevant scripts for Our examination. The Prime Minister
has directed that Our draft statemeon the entire case should be ready
by 30-9-58 and, therefore, the material froA.I.R.,should be in our
hands not later than26-9-58Scripts of certain news bulletins were sent
to us by your office in Septembe1957 and again in August 1958, but
we cannot be sure that the alleged statementas not broadcast other-
wise than in a news buIIetin or from some station otherthan Delhi.
We wish to be absolutely sure of the position before we make any state-
ment to the International Cour1am sorry for this rush, but there seems
to be no alternativeIf the scripts of al1 the outlying stations are not
availablewith you, perhaps you would be kind enough to telegraphm
to send them immediately to us.
Al1good wishes, Yours sincerely,
(Signedl
(S. SEN).
Shri J. C.Mathur, ICS,
19/9.
Director-General, Al1India Radio,
16 Wellesley Road,
New Delhi.
(11)
LETTER FROM THE DIRECTOR-GEXER ALL, INDIARADIO N,EW DELHI,
TO THE JOINT SECRETAR TO THE GOVERNL~E XTINDIA,MINISTRY OF
EXTERNAA LFFAIRS N,EWDELHI
J. C.Mathur, I.C.S., SECRET.
Director General. MOST IMMEDIATE.
AKASHVAN (I.I.K.)HEADQUARTERS.
Akashvani Ehavan,
Parliament Street,
New Delhi.
D.O. No. P(6) F. 36/58.
My dear Sen, Septernber27, 1958.
Kindly refer to your D.O. letter No. 6664-JS(W)/58, dated 19th
September, 1958.
2. WC have made necessary enquiries at New Delhi and Bombay and
checked up carefully our broadcasts in the News Services and from the
Bombay Station for the period z~st July to 15th Augus1954.
3. 1 enclose scripts of certain commentaries on Currcnt Affairs broad-
cast from our External Services in English6-8-1954and on 13-8-1958.
Both these had been approved by the XP Division before broadcast.
There is no indication of the Indian army marching on Nagar Havell.
4. A furthcr check-up has been done at Bombay and it has beecon-
firmed that there was no broadcasofthis kind from therc.
5. Bombay station broadcasts also regional news bulletins in Gujarati
and hlarathi. The scripts of the regional bulletins were not being preserv- ANNEXES TO REJOINDER (F NO. 104) 669
ed at the time and copies of those scripts are, therefore, not available.
But the impression is that the item could not have been included in the
Regional bulletins which are usually concerned with local matters. The
item could onIy have been broadcast in the Konkani & Portuguese
Service and the scripts thereof have nouch item.
Yours sincerely,
(Signed)
ShriS. Sen, J. C. MATHUR.
Joint Secretary to the Govt. of India,.
Ministry of External Affairs,
New Delhi.
Encl: As above.
Annex F. No. 104
LEGATION OF PORTUGAL N EWDELHI
No. 123.
Proc. 7,7.
The Legation of Portugal present +eir compliments to the Ministry
of External Affairs, and, further to their Note N104, of the 28th July,
1954 ,ave the honour to state the follouring:
The Legation have been inforrned by the Portuguese Consulate
General at Bombay that the policemen and rural pards who were
taken to Indian territory after the assault at Dadra, are now in that city.
They were in Vapi for a time, under arrest, and Iater they had to answer
to charges, at Court in Surat, the nature of which this Legation iun-
aware. They were acquitted.by the Court, which however refused their
request togo to Daman, the administrative Districto which they belong.
Instead, they were compelled to go to Bombay, with orders to report
daily to the Police.
It was also reported ta the Legation that these people are being sub-
jected to every kind of indoctnnation andcoercion by elements of politi-
cal groups which invaded Dadra, to force them to join the "satyagraha"
which, it has been announced, will try to march into Daman on the 15th
August.
The Portuguese Legation wish to renew their strong protest against
the treatment meted out to these Portuguese officials by the Indian
authorities. Not only were they arrested, taken to Court and denied
their request to return to Daman, but they are, it seems, being detained
in Bombay, under police supervision, for well known political purposes.
Theattitude of the Indian authorities in this case is hardly in keeping
with their claim that they were and aaedisinterested partin the events
which took place at Dadra. In fact, the principles and practice of inter-
national law, in cases of this natureare certainly being violated. The
only course to follow, dictated by such principles and practice, is to
release these persons immediately, and to assist thern toreturn to Daman
as soon as possibIe, as they requested. On this the Legation again
insists, in the most forma1 and pressing manner.
The Legation avail themseives of the opportunity to renew to the
~Ministrythe assurances of their highest consideration.
Ministry of ExternalAffairs, New Delhi, 12th August, 1954.
Government of India, (Seal.)
New Delhi. ANNEXES TO REJOINDER (F NO. 105)
670
Annex F. No. 105
STATEE~IEN TSPORTED IN NEIVSPAPHR SY CAPTF .IDALGO THE FORMER
ADE~TINISTRA OTODRADRA AKD NAGAR AVEI-I
The Times ofIndia, Azdgzts12,1954.
SELVASA OFFICERS SURREXDER
ASYLUM SOUGHT IN IXDIA
"'The Times of India"-News Service.
VAPI, ilugust II: The three Portuguese officers ~irhohad fled Selvasa
on August I with IOO policemen entered lndian territory at Udwa,
20 miles from here, this evcning and soiight asylum.
The officers are.64-year-old Capt. Virgilio Fernandcz Fidalgo, former
Chief Administrator of Nagar Haveli enclave; Lieut. Jose >lanuel
Falcao (zS),Magistrate; and Capt. Manuel Pegado, Chief of Police.
Captain Fidalgo and Lieut.-Falcao were the first to reach Vapi. They
arrived at6-45 p.m and were followed three hours later by Capt. Pegado
and the entire contingent of the fugitive Portuguese Police. They were
al1comfortably lodged i~ia spacious bungalour by the Indian police.
The officers were al1 praiçe for the Bombay State police for their
"hospitalityand iioble-mindedness".
INFORMATIO NOUGHT
Greeted by reporters atII p.m., a few minutes before the officers sat
down to dinner, Capt. Fidalgo said that they decided to enter Indian
territory as they heard that negotiations had begun between the Govern-
ments of India and Portugal, They wanted to kiiow how far the nego-
tiations liad progresseci-
Capt. Fidalgo said tliat he had talked to his wife in Bombay over the
telephone only a few minutes before he came down for dinner.
He narrated to the reporters the circumstances in which he left
Selvasa with tm-Oofficers and aboutIOO policemen. Capt. Fidalgo had
as interpreter Mr. Appa Icarmarkar, a leadeofthe Azad Goa Dal, which
is iiowinfull control of Nagar Haveli enclave.
Capt. Fidalgo said: "\Ve dccided to leave Selvasa at 8 onm-4ug~isI
when we wcre informed that armed volunteers were marching on Selvasa.
It was Our intention to avoid a clash with them."
Vapi, August II..-'l'hree Portuguese officers\\,ho AedSelvasa, Admillis-
trativc capital of Nagar Haveli, which was recently liberated bu tlie
natioiialist volunteers, crosçed over to the Indian territoat Udn*a,
30 miles from Vapi, at7p.m. todap for asylum and protection. ANNEXES TO REJOINDER (F NO. 106) 671
The Portuguese officers were accompanied by over IOO Portuguese
Indian policemen who also came over with their arms.
The Portuguese officers were: Capt. Virgilio Fernandez Fidalgo, Chief
Administrator of Nagar HaveIi, Capt. Manuel Bagado, Chief Police
Officer, and Sub-Lieut. Dalcao.
Capt. Fidalgo, as soon as he reached Vapi, spoke by trunk-telephorle
to his wife who is in Bombay and enquired about her ivelfare. He said
he was grateful to the Indian police for their "very nice, gentlemanly
treatment and noble-heartedness" shown to thcm.
Capt. Fidalgo, who hails from Beira Alca in North Portugal has spent
about ao years in India. He was at different Portuguese Indian colonies
and has been Administrator of Nagar Haveli for the last 5years.
Sixty-fouryears old Capt. Fidalgo told the PT1 that he and his men
leftelvassa at8 p.m. on August ist, under instiuctions from the Govern-
ment of Daman.
He çaid that he had reports that the Portuguese Governrneiit were
negotiating with the Indian Government and he crossed over to Indian
territory to find out the exact nature of these ncgotiations.
The Indian police who took him into protective custody told themttiat
they were free citizens and would be allowed to proceed to Bombay n.here
they could decide their future plan.
Annex F. No. 106
LEGACA OE PORTUGAL,
NOVA DELHI
No. 126.
Proc. 7.7.
The Legation of Portugal present their compliments to the Xinistry
of Extcrnal Affairs, and, further to the Legation's Note No. 122 of the
12th August, have the honour to inform that Captain Fidaigo, Lieut.
Falcao, assistant Potice Chief Pcgado and about jo Portuguese policemen
are now in Bombay.
Captain Fidalgo has informed the Legation that they have been well
treated by the Tndian authorities but that so far they have not been
allowed to proceed to Daman, as they hid requested.
The Legation write to rcmind the Ministry that Captain Fidalgo and
the other personnel are Portuguese officials of the administrationof
Xagar-Aveli who saw their functions usurpcd by the bands of assailants
who invaded the territory. They were obliged, on that account, to come
to Indian territory and wish, as is natural, tbe allowed to proceed to
Daman, Headquarters of the administration ofthe District to which the
territory ofNagar-Aveli belongs.
While appreciating the good treatment extended by the Indian
authoritics to hese Portuguese officials, the Legation of Portugal are
at a loss to understand the reason why their request to proceed to Daman
has ~iotbeen promptly granted. They trust, therefore, that the Alinistry
will cause immcdiate iristructiolis to be given in this direction to the
appropriate sut horities. The Legation avail themselves of the opportunity to renew to the
Ministry the assurances of their highest consideration.
New Delhi, 14thAugust, 1954
(Seal.)
Ministry of External Affairs,
Government of India,
New Delhi.
Amex F. No. Io7
LEGACA OE PORTUGAL,
NOVADELHI
No. Ir$.
Froc. 7.73.
The Legation of Portugal present their compliments to the Ministry
of External Affairs and with reference to the Blinistry'No. D.18-191
55-GP, of the 3rd March,1955 egarding expenses incurred over Portu-
guese Police officersand personnby the Bombay Government, have the
honour to forward herewitha cheque No. 183.060,of the26thMay, 1955,
over the Banco Nacional Ultramarino, for the amount of Rps.1,237.1.6
(Rupees One Thousand two hundred and thirty seven 116)in payment, as
requested.
The Legation would appreciate if the Ministry kindly acknowledge
receipt of the referred to cheque.
The Legation avail themselves of this opportunity to renew to the
Ministry the assurancesoftheir highest consideration.
New Delhi,28th June, 1955.
(Sealed.)
Legacao de Portugal,
New Delhi.
Ministry of ExternalAffairs,
Government of India,
New Delhi. Annex F. No. 108
SECRET. Special Branch (1),
C.I.D., Bombay,
No. 6923/H. 7th August, 1954.
To:-The Deputy Inspector GeneraI of Police,
C.I.D.,Bombay State, Bombay-26.
Subject:-Disposal of persons arriving from Dadra and other
villages-Portuguese Government servants.
On the rnorni~igof the 2nd August 1954 ,ine persons arrived at the
Bombay Central Railway Station from Wapi. They stated that they
were in the Police, Customs and Forest Department ofthe Portuguese
Government at Dadra and as they didnot wish to go to Daman or any
other Portuguese Territory, they came down to Bombay. They are
stayingin Bombay either with their relatives or friends at the addresses
mentioned in the attached list.
On the morning of the 4th instant, a sirnj1a.rbatch of twenty-three
persons arrived at the same Railway Station from Wapi. Out of these,
fifteen persons stated that they were working in village: Dadra prior to
its occupation by the Liberation Forces. The remaining eight persons
stated that they were working in Naroliand otller neighbouringvillages
and after the liberation of these villages, theythefvillages and came
down to Bombay with a view to stay here. Al1these persons were iii the
employ of the Portuguese Government.
Sirnilarly, tu70more persons .working in Police DepartmentatDadra
arrived here on the 5th instant and are staying with their relatives in
Bombay.
Al1 these persons appear to have sought asylum in Greater Bombay
and Thana District.
Details of these persons are enclosed herewith for your information.
(Signed) Illegible.
For Dy. Commissioner of Police,
Bombay.
Copy with compliments to the Chief Secretary to the Government of
Bombay, Political and Services Department, Bombay, for information.674 AXXEXES TO REJOIXDER (F NO. 108)
(2)
SECRET. Special Rranch (1) C.I.D.,
No. 7ogS/H Bombay, 13th August, 1954.
To
The Chief Secretary to the Goverliment of Bombay,
Political and Services Department, Bombay.
Suhject :-Disposal of persons arriving from Silvaça-
Portuguese Governmcnt Servants. '
Reference this office Secret endorsement No. 6923/H clated the
7th August 1954.
On the morning of 11th August 19j4 ,orty persons arrived at Bombay
Central Railway Station from Wapi. It l-iasbeen ascertairied that thirty
eight of them were in the Police Department one in the Forest Depart-
ment of the Portuguese Government at Silvasa and one a private cook
and asthey did not wish to go to Silvasa they came down to Bombay.
They are staying in Bombay either with their relatives or friends at the
address mentioned in the attached list.
Al1these perçons appear to have sought asylum in Greater Bombay.
(Siggzed)Illegible.
For Dy. Commissioner of Police,
Bombay.
Copy with compliments to the Deputy Inspcctor General of Police,
C.I.D., Bombay State, Bombay, with refcrence to this office secret
letter No. 69231H dated the 7th August 1954, for information.
Office of the
Dy. Cornmissioner of Police,
Special Branch, C.I.D.,
Bombay, August 1954.
Dear Shri Dias,
Please refer to t.his office SecrD.O. letter No.7082/H, dated the
13th AU~US~ 1954.
1 forward herewith for your information a statement showing the
details of al1the Portuguese Government servants who were worlring in
Dadra and Selvasa prior to their liberatiori and who havemade Greater
Bombay as their place of asyIum, from the 2nd August 1954, tlll the
evening of the 17th instant, together with a summary showing the
departments iri which they were working.
Yours sincerely,
(Signzd)
(S.G. PRADHAN).
Shri A. L. Dias, I.C.S.,
Secretary to the Govt. of Bombay,
Education Department,
Bombay. (4)
NrlMES AND ADDR13SSES OF'THI; PEItSONS COhlING FROM NAGAK rlVELl AND DAL)HrZAND IIESIUINC
IN GKEA'ïElI J3OhIDAY
Dale of Police Station
arriva1
C/o Smt. Mary Joseph Lira, hlaliainmcdali Bldg., 3rd 2-8-54
Shri Francis X'avier Stein De Lira Ch. 35 years;
Police Patel, Dadra. floor, R.No. 17, Clarc Road, Byculla.
Sliri Sharnbhoo Manco Degekar. H, 27 years; Cjo Shri Sndashiv Pandoo Shetwe, Chotani Ctiawl, K. -do- Delisle Road. '
Custom Sepoy, Dadra. No. 54. Sunmill Lane, Lower Parel, Bombay. -
Shri Balkrishna Venkatesh Kamat, H, 34 years, C/o Shri A. V. Blohe, Shivara Bld., 1st floor, Tribhuvan -do- Lamington
Road. m
Police Constable, Dadra. Road, off Lamington Road, Bombay. 111
Shri Xarayan Vithu Gauns. H. 30 years; Police
recruit, Dadra.
Shri Bartolomeu Salvador Fernandez, Ch. 30 C/o Salvador Fernandes (fathcr), Rlrtckahi Wadi Fish -do- Kurla Piice
m
years, Policc Constable, Dadra. . Market, opp: Free Mahananda School, Kurla.
Shri Uomnick Lawrenco Dias, Ch. 34 years; c 10 -do- -do-
Palice Constable, Dadra.
Shri Jose Augusto Andrade, Ch. 29 ycars; Policc C/o A. J. Fernandez, Rokeriyü Chamber, House No. 9, -do-
Constable, Dadra. 1st fioor, Room No. 3, Uady Santook Lane, New Sona-
pyr, Dhobi Talao, Boiiibay.
8. Sliri John George Caitan Carvalho, Ch. 33 years; CIOClub 01 Phondacares, Jer Mahal, 2nd Floor, IIalba: -do-
Custom Guard, Dadra. devi Road, l>hobi Talao. Sornbay.
9. Shri Edward Pascu Paul Kemos Colaco. Ch. 36 Cjo L. A. Colaco, Kapoorwalla Building, 1st floor, Room -do- Dadür Police
years; Police Constable. Dadra. Pio. 12, Gokhale Road South, near Dadar P.S. Stn. rn
-
1O. Shri Shelu Rodriques Pcrcira, Ch. 32 ycars; Por- C/o Rajio Wio Lawrenco (sister'sdaughter), Hill Koad, 4-8-54 Bandra
tuguese volunteer, Uadra. Bandra. Police Stn.
II. Shri Domingo Augusto Almeida, Ch. 33 years; Cjo Smt. Albctita D'Silva, .Hill Road, Randra. 4-5-54 Bandra
Forest Jamadar, Dadra. Police Stii.
12. Shri Francis E' Jesus, Ch. 25 years; Forest Jama- -do-
dar, Dadra.
13. Shri Jermin Joackim Pereira. Ch. 22 years; Forest Cjo Shri Rasin Reniandio, Hill Road, Randra. do-
Guard, Dadra. Rate of m
Address arviuai PoliceStatioa VQ\
Clo Shri Gregorio Neto (Brother), Bandra.
Shri Antonio Jose Neto, Ch. 33 years; Forest -do-
Guard, Dadra.
Shri Vergerio Marcelino Noxonha, Ch. 42 years; Cio Cousin Shri Luis De'Silva, Bandra. Bandra.
Forest Jamadar, Silvassa.
C/o Andrade Lopes, House No. 574,Bazar Road, -do-
Shi Raul Jerone Fonseka, Ch. 34 years; Police +
recruit. Dadra. Bandra. Z
Shri Emiano Nadar hlenezes, Ch. 28years; Police C/o Brother-in-law- Shri Joaquim Rosario 131, Azad Santa Cmz. Z
Constable, Dadra. Road, East Ville Parle.
Cio His uncle Joaquim Rosario as No. 17. -do- E
Shri Carlos Joaquim Machado, Ch. 22 years; Fores E
Jamadar, Dadra.
Shri Diwal hlalji Ghorpade, H. 30 years; Forest Clo His friend ShriMudra at Sanata Cruz.
Jamadar, Naroli.
Shri Gonsalvo Seodorino Rosario, Ch. 41 years; CIO His sister Smt. Laurie Rosario, 131 Azad Road,
Police Constable No. 205, Silvassa. East Ville Parle.
ShriPedro Machado, Ch. 22years; CuStom Guard, C/o His uncle Antonio De'Souza at Andheri.
Dadra.
Shri Travaso Marculin Cramade, Ch. 24 years; Cio His brother-in-law Shri Santoo Vaz, Versova,
Andheri,
Forest Guard. Dadra.
Shri Bernard Jose Costa Miranda, Ch. 40 yesrs; CIO His brother-in-law Shri Joaquim Fernandes near Dadar. O
Police Constable No. 202, Naroli. Portuguese Church, Dadar.
Shri Francisco Xavier Andrade Mendonca, Ch. 21 C/o His cousin Shri Gonsalves Rosario, Bhiku Building
years; Forest Jamadar, Naroli. near Portuguese Church, Dadar.
Shri Germano Nicazo Braganza Fernandes, Ch. C/o with his friend Augustin0 George, Prop: St. Maria Lernington
39 years; Custom Sepoy, Xaroli. Hotel, Grant Road. Road.
Shri Francisco Izak Itfenezes, Ch. 34 years; PoliceClo with his brother-in-lawSeferian at Bori Runder. Palton Road.
recruit, Dadra.
Shri Francisco Xavier Machado, Ch. 59 years; C/o with his friend Shri Luis Fernandes, Clerk in Royal
Police Patel. Naroli. Insurance Co; Bombay. and stays near Church, Orley
Road, Malad. Names Address Date of Police Statiow
arrival
Shri Ivo Remi1 Fernandes, Ch. zo years; Forest C/o His uncle Shri Domnic Pereira at Borivli. Borivli.
Jamadar, Silvassa.
Shri Antonio Egidio Rebello, Ch. 38 years; Por- C/o His friend Shri Joe Machado at Malad.
tuguese volunteer, Dadra.
Shri Costao Daniel Remedios. Ch. 23 years;Forest He stays with Ivo Fernandes mentioned in serial No.28.
Guard, Dadra.
Shri Antonio Alpetto de Gracias, Ch. 42 years; He stays with his friend at Bandra.
Police recruit, Dadra.
Shri John Caitan Remedios, Ch. 40 years; Forest He stays with his friend Shri John D'Silva, jr Varoda
Guard. Dadra. Road, Bandra.
Shri John Ramao Mendonca, Ch. 35 years ;Police He stays with his brother Thomas Mendonca, Candy
Constable, Dadra. House, Servants' Quarters, Colaba.
Shri Clemente Augustino Pereira, Ch.' 32 years; He stays with his relative Shri Euric D'Souza, House
Police Constable No. 272. Dadra. No. 574, Bazar Road, Bandra.
Shri Cirico Menezes, Ch. 26 years; Police Con- He stays with his uncle Shri Francis filanjrs Menezes,
stabIe, Silvassa. Bazar Road, Bandra.
Shri Renedicto do Rosario, Ch. 18 years; Police He stays with his friend Gregorio Neto at Bazar Road,
recruit, Silvassa. Bandra.
Shri Antonio Armanzil Duarte, Ch. 37, Police He stnys with his friend Jose Lopes, opp: St. Andrews
Constable No. 471, Silvassa. Church. Bandra.
Shri Gonsalves Jose Neto, Ch. 35 years; Police He stays with his brother Gregorio Neto, Bazar Road.
Constable No. 404, Silvassa. Randra.
Shri Bonifeco Cirico Rebello, Ch. 18, Police Con- He stays with his friend Andrew Lopes, Bazar Road,
stable, Silvassa. Bandra.
Shri Januario Francisco Remedios. Ch. 23 years; Hestays with his niece Srnt. Regina Remedios Bandra.
Police recruit, Silvassa.
Shri Luis Francis Cirin Rosario, Ch. 23 years; He stays with his friend Jose Lopes, St. Andrews Church Bandra.
Police recruit, Silvassa. Bandra.
Shri AntonioPaul Francis Fernandes, Ch. 23 years; He stays with his cousin Antonio Pereira, Palli Hill
Police recruit, Silvassa Road, Bandra. Dale oj Police Sfation
Addrsss 'avrival
Shri Luis Remedio do Hiisario, ch. 45 ycars; He stays witli his friendjosc 1-opes, St. Andrews Church, -do-
Police Jnmadar, Silvassa. Bandra.
Uadar.
Shri John Caitan Rosario, Ch. 18 years; Police T-Iestays with his friend Shri Cotc, Bhiku Bldg; Dadar.
Constable, Silvassa.
Shri Sahadeo Gopal Parab, H. 27 years; Police He stays with his friend Baburao Parab Painter. Pr;ib-
Constable, Silvassa. hadevi, Cadell Road, Dadar.
Shri Raglo Saje Parab, H, 26 years; E'olicc Con- Kc stays with his uncle Laxmanrao Parab. Prabhadevi
stable, Silvassa. Cadell fioad, Dadar.
Shri Karayan Rama Gauns, N. 24 ycars; 1-'olicc He stays with Iiis cousin Arjun Gaulis. Prabhadevi
Constable, Silvassa. Cadell Road, Uadar.
Shri Ganesh Babli Naik, H. 20 years; Police Con- He stays with hjs friend Gangu Atma Naik,-Prab-
stable, Silvassa. hadcvi, Cadell Road, Dadar.
Shri Francisco Xavier Gonsalves, Ch. 20 years; He stays with aunt Smt. Tlieresina John Machado,
Police recruit, Silvassa. Prabliadevi. Cadell Road, Dadar.
De'Lisle
Shri Laxman Bhikaji Naik, H. 23 years; Police He stays wit11 his brother-in-law Ankush Rama Parse-
Constable, Silvassa. kar, Lower Parel, De'Lisle Road. Road.
Shri Gopal Khima Sawant, H. 20 yesrs; Police He stays with taxman Bhikaji Naik, mentioned in serial
Constable, Silvassa. Su. 50.
Shri I,rix~nan Nilu Sawant, H. 22 ycars; Policc Hestays with his friend L. B. Xaik rnentiuried in scrial
Constable, Sitvassa. No. 50.
Shri Keshav Wasudeo Xaik, H. 24 years; Police Hc stays witli his cousin, Ganesh Atma Naik, B. 1). D. -do-
Constable. Silvassa. Chawl No. I13, Koom No. II. FVorli.
1-Iestayswith his lsrother Hhagwan Soma, Akbar House, Colaba.
Shri Chiman Soma, H. 30 years; cook at Silvassa.
Nawroji Furdonji Road, Colaba.
Shri Chotu Daya Dhondiya, H. 25 years; Police He stnys with his friend Chimsn Soma mentioned in
Constable, Silvassa. serial No. 54.
-do-
Shri Yiema Bapudia Dhodi~a. H. 30 years; Police
Constable, Silvassa.
Shri Sebastiao Antonio Dias, Ch. 20 ycars; Police He stays CIO Silvesta l';les, cook-Korthcote Police
Constable, Silvassa. Hospital, Nagpadn. Date of Police Stulion
arriva2
Shri Usmankhan Ismailkhan, Al, 19 years; Poticc He stays with his uncle Shri Abdul Latif. Morarji Go- -do- J'ririccss
Constable, Silvassa. kuldas Cloth Jlarket, Bombay-a. Street
Res.Ilira-Cot Garrage, Lady Jnmshedji Road near Mahim
City Light Cinema, Mahim.
59. Shri Bernardo Francisco Rarctto, Ch. ar years; He stays in the Club of Canacona, Kalbadevi Rnad, Priiicess
Police Constable, Silvassa. Dhobi Talao, Bombay-2. Street.
Go. Sliri Umersha Usmansha, hl. 19 years; Police He stays with his frierid Shri Aziz at Rellasis Kaad,
Constable, Silvassa. Nagpada.
61. Shri Sk. Satar Sk. Chand, AT. 19 years; Police He stays with Snit. Khairunisa, Cernent Chawl, Sew
Constable, Silvasa. Xagpada Road. Nagpada.
62. Shri Syed Yusuf Syed Karim, BI. 22 years; Police He stays with his sister Smt. Kharun-nisa, at Cernent
Constable, Silvasa. chawl, Xew Nagpada Road.
63. Shri Caphoorkhan Yusufkhan, 112. 20 years; Hestays with his friend Ismailkhan mentioned ritscrial
Police constable, Silvasa. No. 64 below.
64. Shri Ismail Khan Abdulla Khan, M. 21 years; He stays with his cousin Shri Kassamsha opp: J. J.
Police Constable, Silvassa. Hospital, Dongri.
65. Shri Kassimsha Usmansha, B.1,19 years; Police He stays with liis friend Karimsha. a motor driver
Constable, Silvassa. resides near Bombay Centrai.
66. Shri Ahmedkhan Ismailkhan. ILI20 years; Police He stsys with his friend Shri ICassimsha mentioned at Agripada. z
?
Constable, Silvassa. serial No. 65.
07. Shri Sk. Abdul Sk. Dawood. hl. 19 years; Police He stays with his cousin Shri Sk. 1-Iamzs Ibrahim
Constable, Silvassa. Police Constable at Chembur Outpost. Chcmbur.
68. Shri Rama Suriya Naik.H. 22 years; Police Con- He stays with his cousin Shri Kajaram Shanknr Shirod- hiehahouri.
stable, Silvassa. ker, stays at Girgaum.
69. Sliri Abdul Kader Hussein Aga, M. 27 years; He stays rvith his relative Shri Rchman Khan, n rnotor Kingsway.
Police recruit, Silvassa. driver to Sliri Ibrahim Seth, res: Ibrahim Lodge, Dadar
Main Koad, Bombay.
Shri Atmaram Tima Gauns, H. 35 years; Police He stays with his friend in the jurisdictioii of Dadür Dadar.
Constable. Silvassa. Police Station. Date of Police Station %
Address arrivai O
Shri Minguel Castelino Pereira, Ch. 29 years; He stays with his friendin the jurisdictioof Nagpada Sagpada.
Forest Guard. Silvassa. Police Station.
Shri Augustino hlartin Rebello, Ch. 19 years;
Police Constable, Silvassa.
Shri Silvestre Caitan Remedios, Ch. 42 years; -do- *
Police Constable, Silvassa. z
Shri Romao Francisco Caitan dos Remedios, Ch. -do- -do- z
30years; Police Constable, Silvassa. m
Shri Claudino Augostino Pereira, Ch. 24 years; He stays rvith his friend Shri Anthon Colaco No. 40. Dadar. m
Police Constable, Silvassa. Prabadevi, Cadell Road, Dadar. Ln
4
Shri Francis Mochado. Ch. 27 years; 0cc:-- He stays with Luis D'Silva, Randra. Bandra. O
Forest Guard, Silvassa. m
Shri Joaquirn Soronha, Ch. 30 years; Police Con- He stays with his cousin Shri Adriano Remedios. Bazar -do- Li4
stable No. 590, Silvassa. Road, Bandra.
Shri OlivioD'Souza., Ch. 21 years; Forest Guard, He stays with his friend ncar St. Andrew's Church, Bandra. 2
Silvassa. Bandra. u
m
79. Shri Shiekh Kasim Shiekh Ijsman. Md. 25 years; He stays with his friend with Shri SkIbrahim Sk.Ab- Agripada.
Police Recruit, Silvassa. dulla, nesr Mosquc Delisle Road. w
Bo. Shri Juje Augostin Remedios, Ch. 20 years; He stays with his friend at Bandra. Bandra.
Police Recruit. Çilvassa. O
81. Çhri Sk.Ibrahim Sk. Ahmed, Md., 35 years; He stays with his uncle Shri HusseinAga Chandu Aga, Byculla.
Police Constable, Silvassa. Opp. Musjid, Koliwada, Gorapdeo, Ryculla. O
03
82. Shri Auriel Miranda, Ch. 35 years; Police Con- He stays with his friend, Shri FranciHemedios, Rüzar Bandra. -
stable, SilvassaNo. 487. Road, Bandra.
Shri Abdul Gani Aga, Md. 22 ycars; lZoliceRecruit He stays with his friend Sk. Ibrahim near Musjid at Agripada.
Silvassa. Delisle Road.
Shri Graciano Tito Mochado, Ch. 25 years, Police 1-Iestays with his friend at Bandra. Bandra.
Constable So. 281,Silvassa.
Shri Domingo Cansido Machado, Ch. 34 years; He stays with his friend Shri Luis D'SiIva, Bandra.
l'olicc Constable253, Silvassa. Dale of Police Station
avrival
Shri Arnaldo Reneto Francisco Machado, Ch. He stays with his friend at Bandra. -do- -do-
22 years; Forest Guard. Silvassa.
Shri Ventura de Rodario, Ch. 21 years; Forest He stays with his friend, at Bandra. -do-
Guard. Silvassa.
Shri Karayan Gopi Sankolker. Hindu, 27 years; Hestays with hisbrother, Shri Vishnu Gopi Sankalker,
Dadar.
Police Recruit, Silvassa. Sadanand Vithoba llshtre\vadi Room No. 3, New Pra-
badevi Road. Dadar.
Shri Jose Noronha, Ch. 34 years; Police Constable He stays with his friend at.Bandra. Bandra.
No. 345, Silvassa.
Shri Valerino Nunes. Ch. 40 years; Forest Guard, He stays with Joseph Lopes, House No. 574, St. Peters Bandra.
Silvassa. High School, Randra.
Shri Antonio Francisco de Rocha, Ch. 22 years; He stays with his friend at Bandra as stated in senal -do-
Police Constable 285, Silvassa. No. go.
Shri Joao Francisco de Rocha, Ch. 35 years; He stays with Shri Jose Seixas at Palli Hill Road; -do-
Forest Jemadar, Silvassa. Bandra.
ShriSayed Yunus Sd. Usman, BI. 21years; Police He stays with his brother Sayed Abdulla, Frere Road Palton Road.
recruit, Silvassa. Fire Brigade Station.
Shri Mohomed Aga Alli Aga, AT.24 years; Police -do-
recruit, Silvassa.
Shri Viriato Firin Remedios, Ch. 22 years; Police He stays with his friend Shri Santan Domnic Mascaren- Mahim.
Constable No. 1601, Silvassa. has, Halimai Bldg; L. 5. Road, Mahim.
Shri Jervasso Francisco Pereira, Ch. 29 years; He stays with his friend Shri John Rosario, 559 Bazar Bandra.
Policc Constable So. 302, Silvassa. Road. Bandra.
Shri Ermano Noronha, Ch. 34 years; Forest He stays with his relative Shn Gustao Rosario at Andheri.
Guard, Silvassa. Jogeshwari.
Shri Vasco de Noronha, Ch. 23 years; Forest
-do-
Jamadar, Silvassa.
Shri Anant Arjun Mulgaonker, H. 21 years; Police He stays with his relative Shri Kashinath Mahadeo Maharbouri.
recruit, Silvassa. Khotachi Wadi. Girgaum. Address Dula O/ Police Slalio>z
arvival N
Sliri Juhn l'lasido Fcrnantles, Ch. 29 ycars; Forest He stays witti his rclativc John Libiano opp: 13endra -do- Uandra.
Guard, Silvassa. Railway Station.
Shri .4iitonici Colimao, Ch. 40 years, Police Con- He stays with his friend ShriJohn Rosario at 559.13azar
stable. Silvassa. Itoad. Bandra.
Shri Francisco Casmiru Dias, Ch. 23 years; Forest Hc stays with his fricnd Shri Luis De'Souza nt Randra. 13-5-54 Bandra.
Guard, Silvassü. House No. 574. Bazar Road. z
Shri Alvaro John Francisco Fernandes, Ch. 20 He stnys with his friend at Lady Jainshedji Road, -do- Mahim. Z
years, Forest Guard, Silviissa. hlahitn, Cjo Shri Santan Dornnic llascarenhas, Halimai m
Building.
Shri Carlos de Jesiis, Ch. zz years; Forest Guard, He stays witli his friend Shri John Rosario, 559, Bazar
Silvassa. Road, Bandra.
Shri Jose Julio Laurenco Pereira Ch. 43 years; He stays rvith Shri John Rosario H. Xo. 559. Bazar -do- -do- M
Police Constable So. 438, Sitvassa. Road, Randra. r
Shri Rodricliies Francisco 31cneaes Ch. 19 years; He stays with his brother Shri Armarido Fernandes at -du Byculla. 0
Police llccruit Silvasa. Gloria Chiirch, Ryciilla. z
G
Shri Aiiceto Francisco liosario, Ch. 25 years; He stays with Shri Jolin Itusario, 559, Rrizar Koad. -do- Handra. m
Pulice Constable, Silvasa. Bandra. m
108. He is staying with his friend nt Randra. -do- -do- ?]
SIiri Justint) Ijrittn Ch20 years; l7orest Cuard at
Silvasa.
10% Sliri Jose Iicbelio Ch.2S yesrs; I'olice liecruit, at I-Ie stays witli Alrs. Margaretta Reincdios H. No. 574,
Silvassa. Hazar lioad, Bandnr. H
O
1 IO. Shri ..\ntoiiio Colnco, Ch.37 pars; Forest Guard, He stays ïvith his iriend nt Pr:ibhadevi Cadcll Road, do- Dndar. dO
at Silvassa Dadar
11 1,. Shri Orlando Siines, Cli.19 ycars; l'cilice Recruit, He stays with Shri Santan Dornnic ;1Tascarenlias. Hali-
mabai Building, R. No. 7, L. J. Road, hialiim.
nt Silvassa.
112. Sliri Xilririiio 1xirl1,dci1Coclia, Ch. 26 years; Hc is st:iyirig witti liis fricnd at H:indr;i.
l'cilice Ciiiistat~lc at Si1v:rssa.
Flc stnys witli SIiri Peter IielielIo, Ji:tsiiin f-tospit;il,
i 13. Stiri Ariti,riiri l<ebelLt, 33.years; I'ulice Con- .
stnlilcN<J.65, :itSilvassn. Sçrvarits Quarters li.So. 3, l<yciilla. 1\'siies
Sliri hlotiemedklian IJsmztn IChitn RI. 24 ye:trs; Hc stays witli Shri Francis licrnandes, hlaiiia Sagar,
Ciistoms Scpoy, at Silvassa. Lo~nrts nlock, R. No. 16,AI. 111.C. Rd. Jialiini.
Shri Xlexio Rencdictn Fernandes Ch. 39 ycars; He stays ivith Sliri Francis Fernandes. Mania Nagar,
Custistns (;unrrt, Silvassa. Loinds Block. H. So. IG, LI. M. C. Rd. Mahim.
Shri Kashinath alahadeo Gnuns, H. 23 years; He stiiys with his friend Shri Madhu Vithoba Kale, at
Forest Guard at Silvassa. Khotachi \Vadi, Girgaun.
Shri Uamazio Jose Iscreira, Cti. 21,yecirs; tJolice He stays with his fric~id iit Dadar, l'rabliadevi,Dadar.
Constable at Silvassa.
Shri Aliolinti Fernandes, Cli. 33 years; L'iilice I-ic stayswith his relative iit Daclür Xcar l'ortugiiebe
Xecruit at Silvassa. Church, Dadar.
Shri 17rancisco Lopes, Ch. yeürs; Furest Guard, He stays with his relative at 559, Bazar Kuad, Bandra.
du Bandra. O
Silvassa.
Shri Francisco Rosario, Ch. 41 years; Furest He stays with his brothcr Shri Joseph Rosario at ['rab-
Guiird at SiIvassa. hadcvi. Cade11Koad, Dadar.
Shri Arthur E'erriaiicies, Ch. 26 ycars; Police He stays with his relative Stiri Cyril Rodriques and -do- Agripada. %i
Cross Lane, Sankli Street. 8
liecruit at Silvassa.
ShriJose Vaz de Silva. Ch. 20 years; Forest Guard He stays with his uncle Shri Joseph Rosario nt lirab- -do- Dndar. id
litSiiivassa. hadevi, Cadeil Kuad, Dadiir. -
Stiri Ilarnaciano Vincerite Xunes, Ch. 34 years; He shys uVith his brotlier Stiti :UexXuncs at Air Lines -do- Santa-Cruz. +4
I'olice Constable No. 62 at Silv;issa. Hatel, Sarita Cruz. . 2
O
Shri liraiiciscti I'rovidcncia,Ch. 35 yelirs; Iiulicc He stays with his relative Smt. Virutliana Hostao :~t
Constable at Silvassa. Juhu, Santa-Cruz.
Shri r2ntoiiio Jolin hIacliailri, Ch33 ycars; Forest He stays witli Iiis iatiier Shrr John Vincent llncli;ido,
Cuard at Silvassa. 'Sereza Villa, Orlern. Rlalad.
Shri Tiago Rli~inda, Ch. 24 years; I'olice Con- He stays with his unclc Shri Fraticisco Renie<Iius at 574,
striblc No. 329, Silvassa. 13azar ICoad, Uandra.
Sliri 13Iazi0I'cdru do l<i,sariu, Cti26 ycnrs; I'iilice He stays with liis brother-iii-lzivSliri :\iitoiiio Colaço -do- Dadar
Corisi;llile :~tSilvassa. at House Xo. 40, I'rnbliaclevii, Cailel lioad.
Slirilzzikel Frederiç Nororiha, Ch. 2.5years; I'alicc Flc stays witti Ca~it. lialcao C/o Shri HurjorjC. Contrnc-
Constable No. 390. tur at Hardilige House, Gowalia Tank. Dale of Police Station
arvival P
Shri Virjilio Fernandes Fidalgo. Port: 64 years; He stays with his friend Shri Burjorji C. Contractor at -do-
Chief Adminiçtrator of Nagar Aveli. Hardinge House, Gowalia Tank.
Shri Jose-Manuel Oliveira Marino Falcao, Port: -do-
28 years; Chief of Police of Nagar Aveli.
He stays with his father-in-law ShrA. G. Campos at 65
Shri Manuel Arriago De Oliveira Pegado, Port: Bandra. b
(Mistis), 36 years; Sub-Chief of Police of Silvassa.illa Catherina, Chappe1 Road, Bandra. s
Shri Baba1 Vishnu Sawant, H. 24 years; Police He stays in a Goan Club at Kazi Building, 2nd Marine Esplanade. M
Recruit at Silvassa. Street, Dhobi Talao. Bombay.
Shri Francisco Victor Fernandes, Ch. 22 years; -do- VI
Police Recruit at Sitvassa. 4
Shri Abelio Florontino Rocha, Ch. 23 years; Forest He stays with his brother Shri John Francisco Rocha, Bandra. O
Guard at Silvassa. 159,Gordon Villa, Bandra. Id
Shri Rosario Mario Baretto. Ch. 22 years; Police Ne stays in a Goan Club at Kazi Building and Marine Esplanade. -
Recruit at Silvassa. Street. Dhobi Talao. 0
z
Shri Jeronimo Mariano Baretto, Ch. 27 years; -do- u
Police Recruit at Sitvassa. ka
Shri Philip Sebastian Raretto. Ch. 22 years; He stays with his friend at Adamkhan Bldg: 5th floor, ByculIa.
Police Recruit at Silvassa. Mazagaon. '7
Shri Feliciano Luis Pereira, Ch. 22 years; Police He stays with his sister Smt. Margarita Fernandes, Esplanade. 9
Recruit at Silvassa. House No. 15, Top Boor, 3rd Marine Street, Dhobi
Talao, Bombay.
Shri Gregorio Bomingo Rebello, Ch. 20 years; He stays in a Coan Club at Kazi Building, 2nd Marine
Potice Recruit at Silvassa. St.Uhobi Talao. (CanaconacaresClub).
Shri Satvador Jose Francisco Cutinho, Ch. 19 He stays in Canaconacares Club as stated above.
years, Police Recruit at Silvassa.
Shri Francisco Joaquim Fernandes, Ch. 22 years; He stays with his friend Shri Jose Lopes near St. Bandra.
Police Constable No. 591,at Silvassa. Andrews Church, Bandra.
He stays with his uncte Shri Xavier at New Nagpada Nagpada.
Shri Tome Jose Fernandes, Ch. 20 years; Police
Recruit at Silvassa. Road. Dale of Police Statàm
Address
avvival
Shri Graciano Jeroriimo Lopes, Ch. 31 years; He stays with his brother Shri Castilo Lopes at IVth -do- Bandra.
Police Cotistable No. 157,at Silvassa. Road, Khar.
Shri Joaquim Henedicto D'Souza, Ch. 23 years He stays with his iriend Shri Xavier at New Nagpada -do- Nagpada.
C'uliceRccruit at Silvassa. IZoad.
Shri Jose Luis Fernandes. Ch. 41 years; Police He stays with his brother Shri Armaildo Ferandes at r3-8-54 Dyculla.
Coiistable, Xo. 567, at Silvassa. Gloria Church, Hyçulla.
Shri Crisostomo ICebelo, Carpenter. Not known.
Shri Craveiro das Rcmedios, Forest Guard.
Shri Antonio Miranda, Police.
Shri Francis Pais, I'olice.
Shri Ludoico Nicolau hlenezes.
Stiri Gilherm Fonscca, Police.686 ANNEXES TO REJOINDER (F so. 108)
(5)
STATEMENS THOWIKG THE CLASSIFICATIO OF EX-PORTUGUESE
GOVERNMEN STRVANTS WHO AKRIVED In BOMBAY
FROM DADRA AND NAGAR HAVELI
Date of Department. No. of Place from where
arriva1 persans. arrived.
2-8-1954 Police 7. Dadra.
Custom 2. -do-
Forest Nil. -do-
Police 8.(one Police patel) (Including Dadra
and Naroli).
Custom
Portuguese
Volunteers
Forest
2. Dadra.
Police -do-
Custom Nil.
Forest Nil. -do-
Police 3s. Selvasa.
Custom Nil. -do-
Forest -do-
Private -do-
Police 36. (including two Selvasa.
Police officers)
Forest 19.
Custom 2.
ChiefAdmii-iis-
trator -do-
Police Selvasa.
Forest -do-
Police ...............
Custom ..............
Forest ................
Portuguese Volunteers ........
Private........-......
Admiiiistrator............
Total ......... AXNEXES TO REJOINDER (F NOS. 109-110) 687
Annex F. No. rog
No. D. 6825 Eur. TT/54.
Dated, 'the 11th August, 1954.
Dear JIr. Dias,
In contintiation of our telephonic conversation onthe 8th August, 1
write to Say that Mrs. Fidalgo rnay, as a special case, be pren-iitted to
stay in Bombay for a month after which period she will have to leave
India for East Africa.
Yours sincerely,
(Sign~d) A. N. MEHTA.
A. L. Dias,Esq.,
Secretary to Govt. of Bombay,
Department of Education,
Bombay.
Annex F. No. 1x0
(1)
No. A(Z)j555.
P & S.D.,
R.C., 27th August 1954-
Frorn
Shri M. D. Bhansali, ICS.,
C.S. to the Government of Bombay,
P & S.D.,
The Chancellor in Charge of the Portuguese Consulate General,
Bombay.
Sir,
1 am directed to acknowIedge your letter No. 613, dated 23.8.1gj4,.
in regard to certain Portuguese military officerand policemen and to,
state that the entry of the officers and men into Indian territory mithout
proper passport or pcrmits though in contravention of the existing.
replations was permitted under special circumstances. Kevertheless'
in order to regularise the position in accordance with these Regulations,.
al1 Portuguese European officers aiid the members of their families
should present their passports or equivaient travel documents with visa
application forms pcoperly completed to the Passport Officesrequesting
permission to stay in Bombay and to proceed from Bombay to Daman
or Goa.
So far as Portuguese Indian Police Officers and men are concerned,in
accordance with the cxisting Relugations they are required to be in
possession of permits granted by the Indian authorities.As, however,,688 ANNEXES TO REJOINDER (F NO. 110)
they have already entered Indian territory without obtaining these
permits,1 am directed to request that their entry is now to be regularised
in a rnanner similar tothat of the Portugucse European officers. They
will accordingly present passports or equivalent traveI documents with
visa application forms duly filled in requesting permission to reside in
Bombay and to proceed therefrom to the specified Portuguese territory.
Al1 applicants will present themselves individuallyto the Passport
Officer to the Government of Bombay.
Yours faithfully,
For C.S. to Government.
(2)
CONSULAT EENERAL OF PORTUGAL,
BOMBAY.
Bombay, 28th Aupst, 1954.
No. 619.
Proc. 13-Dlbjj4.
Very Urgent.
The Chief Secretary to the Government of Bombay, Political and
Services Department, Bombay.
Sir,
I have the honour to acknowledge receipt of your letter No. A(Z555,
dated the 27th. August 1954, and to record the following facts feeling
certain that you will be pleased to treat the subject in question with the
fairness and equity asthe case deserves.
I. On the 15th. instant, 1 was inforrned byou on the phone to send
a joint list of al1 Portuguese European Officers and their men to serve
as travcl document to enable them to leavc Bombay for their desired
destination,Damaun.
2. This condition was duly complied with and the list as required wa~
submittcd to you under cover of my letter No.613 dated ~3rd. August
1954.
3. In this connection it must be observed further that during the
course of conversation on the phone referred to above no question of
passports arose nor a hint about same given.
4. Now 1 feel sorry to point out that your letter referred to above
puts a different complexion on the whole question involving a departure
from the original arrangement in conformity with your instructions.
5. 1 need scarcely ernphasise the extent of serious inconvenienceand
hardships to which the Portuguese Officers and their men are being
subjected, and holding due regard to this unfortunate situation which
is being rendered more difficult 1approach you with the request ywjll
be pleased to forego the obligation of the neiv conditions as set oIn
your last letter heing carried out, and to allow the joint list to hpld
good, as originally agreed to, for al1interests and purposes of repatriation
of the men concerned with the least possible delay. ANNEXES TO REJOIKDER (F 90. 110) '339
6. In order to Save time and spare the men the hardships 1 propose to
issue to them the ncccssary passports individually with the request
you will be pleased to accept their joint applikation for the purpose of
granting the required visas for their stay in India and departure to their
destination Damaun.
1 shall highly appreciate the courtesy of treating this subject with
great urgency.
Yourç faithfully,
(Signed)
Chancellor, In-Charge of the Consulate
General.
(3)
No. A(Z)j580.
P.& S.D.,
B.C.,31st AuguSt 1954.
The Chancellor in Chargc of the
Portuguese Consulate, Bombay.
Sir,
1am directcd to refer to your letter No. 169, dated 28.5.1954,and to
state as fo1lows:-
(1)When you discussed this question with me on 18-Y-1gj4 it was
clearly indicated that the Portuguese Officers and men who had entered
Indian territory in contravention ,of Indian Passport Kegulations should
present individual applications and not a joint ,one.This was not, how-
ever, cornplicd by you and instead a joint list was prepared and forward-
ed with your letter No. 613, dated 23.8.195 Itwas cIear that the indi-
vidual applications to beyreferredby the officers and men related to their
entry into India and their request, thereafter, to be permitted to proceed
from Bombay, where they are in temporary residence, to Daman or Goa
as the case may be.
(2)It was not necessary to refer to the question of passports or equiv-
alent travel documents, as you are well alvare thatal1 Portuguese Euro-
peans and other officials of the Government of the Portugueseterritories
in Indici. must under our normal Regulation be in possession of such
documents.
(3) In any case as the particulars to be furnished on the visa appli-
cationforms Vary from person to person a joint application would only
lead to unnecessary confusion.
In the circumstances, 1 am directed to state that the Government of
Bombay regret their inability to relax any of the existing Kegulations,hgo ANNEXES TO REJOINDER (F NO. 110)
and that it would be necessary for the officers and men to act in accord-
ance with Government letter No. A(z)jgjg,dated 27.8.1954.
Yours faithfully,
(Signed)
For C.S.to Government.
(P R-S Dept-No. 81/54).
(4)
Enclosure No.7.
D.O. No. 481-FS/54.
MINISTRY OF EXTERNAA LFFAIRS,
NEW DELHI
10th September 1954.
My dear hlinister,
1have received your Ietter of the 7th Septembe1954.
2.As we have already informed you, the Portuguese officials who
came to India from Dadra and Nagar Aveli \vithout necessary permits
are free to go to Goa or Daman oranywhere else they like. The Bombay
Government are fully aware of this decision and acting in accordance
with it.
3. The Government of India, however, do not consider that there is
any reason for waiving any of the formalities regarding passportsand
visas, in connection with the entryinto India (already effected) of certain
Portuguese officials and their future tranthrough Indian territory for
proceeding to Goa or Daman. The formilities have to he completed by
the Portuguese Consul-General in Bombay.
4. We understand that there has been some delay in this. The latest
position is thatup to the 31st August,51 applications for paçsports or
emergency certificates had been made. 72 further applications were
received on the 3rd September andIO on the 6th September, thus making
a totalup to the latter date of 133 applications35 of these have on
scrutiny revealed that particulars furnished were incomplete or contra-
dictory. The discrepancieç have to be made good in these applications.
In the case of the reswe understand, that visas have been granted.
5.Your Legation has in a number of notes on this subj ect, the language
and spiriofwhich, I regreto Say,isdeplorable, alleged deliberate delays
and harassrnent of the Portuguese officids. 1cannot accept the validity
of these accusations. On the ~3rd August1954 ,he Portuguese Consul-
General in Bombay sent an application by the Portuguese officials-
described by him as "Portuguese military officerçanclmenIn hisletter
of the 27th August1954 ,he Chief Secretary to the Bombay Government
replied saying that to regularize the position created by the illegal entryof Portuguese European officers, they should preserito the Passport
Officer their passports or equivalent travel documents with visa appli-
cation forms properly completed, requesting, permission for entry in
Bombay State and to proceed from Rombay to Daman or Goa. On the
28th August 1954, the Portuguese Consul-General urged that the sub-
mission of a consolidated list of persons who wished tq to Daman waç
in accordance with the previous suggestion of the Chief Secretary him-
self.Inhis letteofthe 31st August 1954 the Chief Secretarycontradicted
the latter's assertioand insisted that individual applications and not
joint ones should be submitted. This is apparently being done now.
There seems to have been no avoidable delay, nor any harasçment, in
this matter,as the men have had full freedom to move about and live in
Rombay and have not been subjected to any sort of constraint.
Yours sincerely,
(Signed) (R.K. NEHRU),
Foreign Secretary.
His ExcelIency
Dr. Vasco Vieira Garin,
Minister forPortugal,
New Delhi.
Annex F. Na. III
[See Annex 5 to Observatz'ons,ol.1, pp. 656-658.1
Annex F. No. ,112
[See Annex IO foObservations,Vol. 1,$p. 670-671.1
Annex F. No. 113
[See Annex 11 tuObservations,Vol. 1,$p. 672-674.1
Annex F. No. x14
[See Annex 12 to06servations,Vol. 1,pp. 675-676.1 ANNEXES TO REJOIKDER (F NO. 115)
Annex F. No. 115
OBSERVATION ASD TESTIMONIE SN ANSWER TO ANNEX I TO THE
PORTUGUES EBSERVATIO ONS AUGUST 1957 AND ANNEX195 TO THE
PORTUGUESE REPLY
In an Annex to its Observations on the Preliminary Objection the
Portuguese Government set out several statements of a general nature
in justification of the continuation of Portuguese rulinIndia. It also
appended thereto extracts from newspapers and books. At Annex 195
to the Reply the Portuguese Governnlent has now appended a booklet
entitled, "Portugal Overseas and the Question of Goa-Statements and
Testimonies". This booklet is published by the "Agencia-Gera1 Do
Ultramar, Lisboa", a Portuguese Government organisation, and it
consists of selected extracts from certain books published betwee1946
and 19j7. Some of these books, particularly those written 1957 appear
to havebeen sponsored by the Portuguese Government l.
2. Inthe view of the Government, these "statements and testirnonies"
contain nothing but irrelevance, fantasy anda distortion of the truth.
The following examples will make this point absolutely clear:
I. "The third phase in the evolution of humanity is character-
ized by the markings of a sensc of mission. Those who had accepted
the moral renovation of Christianity felt impelled to deliver the
message they had received, to the rest of the world. During the
expansionist and for some time after the Neolithic phases of man's
growth, there had appeared to be an unconscious process of cvolu-
tion, but now, a movement motivated by religious doctrine sought
to unite the whole of humanity under a common symbol of justice,
peace and love.
The tremendous burden of carrying out the most important part
of the mission referred to,above, fell upon us and we had to go out
along the sea routes to find and contact the most diverse peoples
of the earth.
1 believe that there are two aspects of Portuguese Expansionism
which are worth examining." (Page 15. )
2. "But Portugal has its own strong reasons for defending the
ownership and possession of the Çtate of Portuguese India. ln order
to do this she should and must base her claim on irrefutable his-
torical foundations, on the fundamental principles of Public Inter-
national Law, on her own Interna1 Public Law, on international
moral Iaw, on the United Nations Organization, and on her own
duties to the peoples of Goa." (Page 35.)
3. "..while travelling in Goa, more than once my impression
is that 1 am completely in Indianoid Brazil and among Indianoid
Brazilians: inPara, for instance.1was not only impressed by the
In this connection it may be mentioned that the Portuguese Govebasent
mentioned a book by Marini, "Goa as 1 have it".(See the Portuguese Reply,
paragraph 276 footnote 1).That book has recently been publishin several
languages and it appearquiteclearly that it was sponsored by the Portuguese
Government. In fact, the Governmentof India received an offer from Marini
himself towritea similar book. about India. ANNEXES TO REJOINDER (F NO. 115)
693
sarne forms and colours of people. The same smiles. The same way
of looking and of walking, of the people." (Page 63.)
"Four hundred and fifty years afterwards, the Portuguese
4.
enclaves in India still have a Portuguese look and a Portuguese
mentality: the Eurasian inhabitants genuinely feel themselves to
be Portuguese. They have had, for some centuries of their history,
a type of rule and culture which has given them an affection for
the European side of their ancestry; they think like Portuguese,
though they speak to one another in an Indo-European language
of their own: Konkani. The Goanese are riot a creation of the new
Indian Union; they are the crcation of Albuquerque; indeed the
diffcrence inmentality from any of the inhabitants of the India
of Dr. Nehru is always becoming greater, for the national character-
istics of the Goanese-whether they live in Goa or Bombay-are
very different frorn those of the Union. They have no caste-system,
and their reLigion (which is mainly Roman Catholic, though some
are Hindoos or Moslems) renders them incapable of understanding
a new religiosity of peace and non-violence which yet can be used
as a means of agressive imperialism. A parallel with what was once
British India should not be drawn; the Hindoos never considered
themselves to be British. The Goanese on the contrary wish to be,
and in any justice should be, Portuguese. Albuquerque is the peer
of the great British Viceroys; but the system by dich the British
ruled, and the India they served, were different, and Albuquerque's
has lasted longer. Professor Boxer once remarked that the Portu-
guese, who were the first Europeans in Asia, were Iikely also to be
the last." (Page 70.)
5. "If unity among nations is so sacred a thing that evcrything
else must be sacrificed to it, thjust how does India find it possible
to accept a divided Korea and a divided Vietnam, both of which
came about with considerable Indian approval?" (Page 102.)
3.It wouId be very easy forthe Government of Tndia to show that the
<statements and testimonies" produced by the Portuguese Government
are not only misleading and libellous but are written by persons who are
totally misinformed about the facts. For example, the author of the
extract given above from page 70 presumably does not know that even
according to Portuguese officia1statistics there are no more than 374
persons of mixed blood in the whole of the Portuguese possessions in
India. Nor does he realise tliat Konkani, the language of the Goans, is a
Sanskrit language. Nor does he appear to know that the people of Daman
and Diu and Dadra and Nagar Aveli speak Gujerati, and Marathi. His
statement that Goans have no caste-system and that their religion "is
mainly Roman Catholic, though some arc Hindoos or Moslems", exposes
his ignorance of the simplest and most well-known facts, namely, that
the Hindus in the Portuguese possessions form 61% of the population
and that the Chriçtians of Goa are well-known for having kept their
Hindu customs and manners and till this day prefer to describe themselves
as Brahmins, Chardos, etc.
4. However, the Government of India will not enter into a debate with
the distinguished gentlemen cited by the Portuguese Government. It
would, however, like to let the facts speak for themselves. Accordingly, ANNEXES TO REJOINDER (F NO. 115)
ri94
it will briefly re-state its points and refer to appendices in illustration
of these points:
I, The violent nature of Portuguese incursion into India is well-
known to historians and is testified to by the Portuguese conquerors
themselves (see Appendix r and II).
2. Portuguese rule never found acceptance in India and thenature
of Portuguese repression gave rise to innumerable revolts and
rebellions (see Appendix 2).
3. The people of thc Portuguese possessions in India have been
separated from the rest of India by reason only of the fact thatthey
were subjected to the rule of different colonial masters. Otherwise,
they are indistinguishable from and form part of the family that
is India (see Appendix 3).
4. The modern movement of Goans for freedom from colonial
rule dates from about 1926-192 a8d was inspired by a distinguished
Goan called Dr. Tristao Braganza Cunha. The existence of this
movement which gathered force particularly after the enactment
of the ColonialAct of 1g30has been recognised by the Prime Minister
of Portugal himself (see Rejoinder, paragcaph 490, footnote I and
Appendix 4).
5. Political life in the Portuguese possessions is characterised by
a complete absence of fundamental freedoms and civil liberties,
with the result that open political activity or expression of opinion
is inhibited and rendered impossible on pain of imprisonment and
victimisation (see Appendix 5).
6. In spite of these limitations, there took place in the Portuguese
possessions in 1946 a great movement for liberty. This movement
was an echo of the upsurge in lndia and the recognition on the part
of the British Government of the aspirations of the Indian people.
This fact has been recognised by the Prime Minister of Portugal
(see Rejoinder paragraph qgo footnote I and Appendix 6).
7. This movement of Goans was met with cruel and severe
repression by the Portuguese Government. On the eve of Indian
independence andthereafter the Portuguese Government augrnented
its armed forces and introduced a large number of European and
Negro military and used its armed forces for the suppression of the
Goan Movement (see Appendix 7).
S. In spite of such repression the people of the Portuguese
possessions continucd to voice their cry for liberty and their
movement for freedom continued both in Goa and in Bombay where
large numbers of Goan nationalists toolc refuge from Portuguese
persecution (see Appendix 7).
9. The arrest and deportation of Dr. Gaitonde, an eminent
surgeon of Goa for uttering the words, "1 protest" in response to a
statement made by a speaker at a private dinner party that, "Goa
is Portugal" saw the culmination of the agitation of Goans and lead
to the insurrection in Dadra and Nagar Aveli (see Appendix 8).
IO. The movernent for freedorn from Partuguese rule had contin-
ued till this day and the Goans have yet to realise ttieir aspirations
(see Appendix 9). ANNEXES TO REJOINDER (F NO. 115) 695
The facts of the Goan Freedom Move~nent are to be found not
in writings sponsored in 19j7 by the Portuguese "Agencia-Gera1
Do Ultramztr, Lisboa". These facts are to be found in the police
laws and regulations in Goa, the number of persons arrested, beaten
or killed, and in the comment of the Goans themselves. Tt is the
outcry and agitation of Gcans which constitutes evidence of their
aspirations and a condemnation of Portuguese ruIe. The Govern-
ment of India can dono better than cite the opinion of Goans which
isto be foundin innumerable tracts, leafletand pamphlets issued by
the Goans from 1926 up to date. However, the Government of
India bas no desire to add these publications to the file. It will
therefore only append a list of the publications that have corne
to its notice which may be referred to in the original ai the appro-
priate stage (sre Appendix IO). ANNEXES TO REJOINDBR (F NO. 115)
696
Appendix I
(1). Extracts from Albuquerque's letter, dated zznd December, 1510,
given in "The Portuguese in India" by F. C. Danvers, London, 1894,
Vol. 1 p. 211 :
"In giving an account of this important enterprise to King Dom
hlanoel, Albuquerque wrote as foIlows, under date, Goa, zznd
December, 1510;
"In the capture of Goa the Turks Iost over 300 men, and the road
between Banastery and Gondaly was covered with the bodies of
those who were wounded and died in their attempt to escape.
Many were also drowned whilst crossing the river. 1 afterwards
burnt the city, in dich for four days the carnage was fearful as no
quarter u7as given to anyone. The agricultural labourers and the
Brahmins were spared, but of the Moors kilied the number uras ai
least 6,000.It was indeed a great deed, and well carried out." "
(2). "Extracts from the Cornmentaries of the Great Afonso D'Albu-
querque" l translated from the Portuguese Edition of 1774, by Walter
de Gray Birch, F.R.S.L., London, 1875: Vol. II, Chapter 32,page 157
and Vol. III, p. rg:
"And the Moors, like men who now had become throughly roused,
no sooner caught sight of Afonso D'Albuquerque, then they went
up to attack him. And he, in order to more throughly prevail
against thern that were no longer awed by his presence, ordered
fire to be set to thcityin four places; and then, leading the people
he had with him he fell upon the enemy, and put to sword every one
of them that he found in the streets, without giving quarter to any
one...
After having commanded the captains to take up their positions
and guard the fortress, Afonso D'Albuquerque gave permission to
the soldiers to sack the city, and free right to keep everything they
took.. . And after the city had been pillaged, Afonso D'Albuquerque
told the captains to reconnoitre the whole of the island and put to
the sword al1 the Rfoors, men, women, and children, that should
be found and to give no quarter to any one of them; for his deter-
mination was to leave no seed of this race throughout the whole of
the island. And for four days continuously they poured out the
blood of the Moors, who were found therein; and it was ascertained
that of men, women and children, the number exceeded six
thousand. "
(3). Extracts from a letter dated 8th March, 1546 ,rom King John IV
of Portugal to John de Castro, Viceroy of India, given in "Decay of
Portuguese Power in India", by Rev. H. Heras, S.J., MA., Bombay,
1928, page 16, on the authority of Baldaus, 'Description clfthe East
India Coasts' (16721, pp. 646-7:
l The Commentaries were written by Braz de Albuquerque,son of Afonsode
Albuquerque, who on the death of his father assumedthename of Afonso de
Albuquerque. ANNEXES TO REJOINDER (F NO. 115)
697
"To John de Castrok, Viceroy of India, al1 Happiness: "You
knowing what an abominable thing Idolatry is in our Eyes, the
sarne shall for the future not be tolerated inmy Dominions. Being
informed that in the country about Goa the Pagan Temples are
suffered and frequented both in public and in private, as well as
diverse sorts of Pagan Diversions, we command you once and for
al1 to have the sarne demolished, burnt and rooted out; and that
al1 imaginable care ba taken to prevent the importation of idoIs,
either of wood, metal, earth or any other matter ... The Heafhenish
Sports shalI be abolished and the Brahmins not in the least encour-
aged, and such as contravene this our Mandate sKall be severely
punished l."
(4).Extracts from letters of St. Francis Xavier, dated March 24th,
1544, and January aand, 1545, given in "The Rise of Portuguese Power in
India 1498-1550 b",R. S. Whiteway, 1899, p. 21, quoting "Life of
St.FrancisXavier" by Father H. J. Coleridge,1890 V,ol. 1,p.193-227:
"In a private letter of March 2#h, 1544 ,e (St. Francis Xavier)
wrote: "They (the Portuguese) seem to think it an insult and an
injury to them if anyone dares to open his mouth while they are
trampling on rights of al1 kinds ..." And again, writing to a brother
Jesuit in Europe, on January zznd, 1545, "Do not allow any of
your friends to be sent to India with charge of looking after the
finances and affairs of the King. To such perçons we may most
truly apply that which is written. 'Let them be biotted out of the
book of the living, and let iheir narne be not written among the
just'. However great rnay be your confidence in one you know and
love, trust my cxperience and oppose him on this point, and fight
to the last to prevent him from being expoçed to the greatest of
dangers ..There is here a power which 1 rnay cal1 irreçistibIe,' to
thrust men headlong into the abyss, where besides the seductions
of gain, and the easy opportunit~ies of plunder, their appctites for
greed will be sharpenedby having tasted it, and there wibe a whole
torrcnt of low examples and evil customs to overwhelm them and
sweep them au-ay. Kobbery is so public and common that it hurts
no one's character and is hardly counted a fault; people scarcely
hesitate to think that what is done with impunity, it cannot be
bacl to do. Everywhere and at al! times, itis rapine, hoarding and
robbery. No one thinks of making restitution of what he has once
taken. The devices by which men steal, the various pretexts under
which it is done, who can count? 1 never cease wondering at the
number of new infiections, which, in addition to al1the usual forrns,
have been added in this new lingo of avarice to the conjugation of
that ill-omened verb 'to rob'.""
1 "Ilrhereupon"writes Rev. Alex D'Orsey in his book, "PortugDiscoveries,
Dependencies and hlissions in Asand Africa"p. 114,"the Viceroy, by landing
a body of troops and destroyial1the temples, provedto the natives that such
interferencwitli the propagatioai Christianitwould be severely chastise"
As a direct cunscquence of this there wGoan revolts.698 ANNEXES TO REJOINDER (F NO. 115)
(5).Extracts from "Decadas" by Barros and Couto given in "The
Rise of Portuguese Power in India 1497-IS~O'', by R. S. Whiteway,
Chapter 2 :
"TIie interpretation of thiç bull (the papal bu11which divided
three-fourths of the globe between the Spaniards'and the Portugu-
ese) as accepted by the Portuguese is to be found in the pages of
the officia1historian (Barras 1. 6.1).According to him, the Pope
is empowered to distribute to the faithful al1lands in the poçsession
of the followers of alien laws. 'Itis true', he says, 'there does exist
a cornmon.right to al1to navigate the seas, and in Europe we ac-
knowledge the rights which others hold against us, but this right
does not extend beyond Europe, aiid therefore the Portuguese as
Lords of the sea by the strength of thcir Aeets are justified in com-
, pelling al1bloors and Gentiles to take out safeconducts under pain
of confiscation and death.The Moors and Gentiles are oiitside the
law of Jesus Christ, which is the true law that everyone has to
keep under pain of damnation to eternal fire. If then the sou1be so
condemned, what right has the body to the privileges of our Laws?'
'It is true', he adds with a charitable candour, 'thcy are reasoning
beings, and might if they lived be converted to the true faith,
but inasmuch as they have not shown any desire as yet to accept
this,we Christians have no duties towards them.'
Had these been merely the opinions of a studious pedaiit they
would have deserved no attention, but if they were not actually
put forward by the Head of the Christian Church, they afford an
interpretation of its orders that was never repudiated and which,
indeed, logically foliows from its works, These doctrines, which
have deçtroyed whole tribes and nations and have affected the lives
and happiness of millions, have been used to justify the most
insatiable cupidity and the most atrocious barbarities. A few in-
stances may explain the effect on the Portuguese rni~id of these
theories."
(6). Extracts from the "Decadas" by Barros and Couto giveil iii
"Portuguese Discoveries, Dependencies and Missions in Asia and Africa",
by Rev. Alex. J. D. nJOrsey, B.D. (Cambridge), Knight Commander
of the Portuguese Order of Christ, Professor in King's College, London:
London, 1893, Chapter 3, page 29:
"King Manoel, however, waç inflexible. Animated by political
ambition and religiouç zeal,he relied on the Papal grant, which
had placed al1 the Eastern nations beneath his sceptre; and he
believed it both his right and his duty to follow up the conqucsts
which his admirals had begun ...
Independently of other motive, to which we have already referred,
da Gama appears to have been prompted hy a desire to punish the
1 Joao de Barres and Diogo de Couto were two officia1 historissto the King
of Portugal. Theypublished "Decadas", which are divided into Books and Chapters.
The references in the extracts are to Decadas, Books and Chapters. The first threc
Decadas, ending with the death of Henrique RIenezcs,were published between
1552 and 1563,during the liietimof Barros. A fourh Decada was publishcd in
of Barros.to, who spent almost al1 his life after 1j56 in India, continued the work Moslems for the death of his friend Correa, as well as for the insults
offered to religion. Chance soon furnished him with an opportunity
of gratifying his revenge; and this instance (unfortunately but a
specimen of many such) serves to account for much of the hatred
which Portuguese cruelty cxcited in the East, so that we may, for
a moment, digrcss, to give an outline of the details. Da Gama en-
countered, on 3rd December, a large vessel belonging to the Sultan
of Egjlpt, aiid crowded with pilgrims returning from Mecca. The
Arabs, seeing resistarice hopeless,offered an enormous ransom, which
the admira1 accepted, and yet ordered the vessel to be fircd. The
poor ~vretchessucceeded in extinguishing the flamss, but merciless
da Gama orclered his men to rekindle them. An eyewitness (Nave-
gacno as Indias Orientaes, by Thome Lopes, Chapter 18) relates that
women held up their children towards da Gama aiid that in this
scene of horror "l'intérieur du bâtiment offrait une représentatio~l
visible de l'enfer", and that "ce cruel souvenir lui était restb toute
sa vie". This terrible episode in the second voyage of Vasco da Gama
shows the spirit with which he was anirnated in his voyage to
Malabar ... Da Gama then steered for India and touched at
Caiinaore, where he had an interview with the old Rajah, marked
on both sides by great magnificence.
As he sailed towards the hostile Calicut, he met a galley conveying
noble men from the Zamorin, as messengers of peace. They pieaded
that his vengence on the unfortunate ship ought to be accepted as
full atonement of the murder of Correa. Gama haughtily replied
that he would only treat with them on condition of the complete
expulsion of the Moors. On anchoring before Calicut, the admiral
received the Rajah's ultimatum, that, whilc he would give everqr
advantage to the Christians, he positively refused to banish the .
hloorish residcnts, This answer was considered a declaration of
war, and the Portuguese commander prepared to bombard the ill-
fated city, Before making the attack, he wrote to the Zamorin by
one of his prisoners, declaring thatifhe did not receive by mid-day
a satisfactory response, he would burn the city.The time being past,
he ordered all his captains to hang their Moorish prisonerç at the
yardarm; and then commenced a bombardment which lasted al1
day. Towardç the evening he sent the heads, feet and hands of the
thirty-two victims on shore, with a letter declaring that though
these men were not the murderers of Correa, they were suficieritly
related to justify the reprisat. He next threw the mutilated bodies
into the sea, that they might float ashore, and strike terror into the
people. For two days more he continued to cannonade the town,
and the11sailed for Cochin, which he reached on thc 7th November,
(thiç narrative is condensed from the History of Joao de Barros,
Decada I,U VI, p. 130). It is unnecessary to multiply these fright-
ful recitals, but it was requisite to give some idea of the arrogance
and cruelty of the Portuguese conquerors."
(7). Extracts from the "~istoria di Deçcobrimento e Conquista da
India", by Fernao Loyes de Caçtenheda l,Book VI, Chapter 48, given
Castanheda went to India in1523 and stayed there about ten yearsHis work
isSo reliablthnt two of hisbooks were destroyedby the orderof the kingon the
cornplaintthat the trutwas toldtao plainly,as Couto saysin DecadaIV, Book 5,
Chapter I. ANNEXES TO REJOINDER (F NO. 115)
70°
in "The Rise of Portuguese Power in India, 1497-1550". by R. S. White-
way, op. cit. Chapter 2 :
"In 1524 by killing off their outlying parties, it was a surprtoe
them that Mohommedans should take revenge, for "up to now the
Portuguese have considered that the Moors should abide by a peace,
and thatthey rieed nott '...
Cruelties were not confined to the baser sort, but were deliber-
ately adopted as a line of terrorizing policy by Vasco da Gama,
Almeida and Albuquerque, to take no mean examples. Da Gama
tortured helpless fishermen: Almeida tore out the eyes of a Nair
who had come in with a promise of his life, because he suspccted a
design on his own life. (Castenheda, Historia do Descobrimento e
Conquista da India, Book II Chapter 28).Albuquerque cut off the
noses of the women and the hands of the men who feli into his power
on the Arabian coast. To follow the example of Almeida and sail
into an Indian harbour with the corpses of unfortunates, often not
fighting men, dangling from the yards, was to proclaim yourself a
determined fellow."
(8). Extracts from the "Memorias" of the High Court Judges Magal-
haes (at pp. 8 and 9, Nova-Goa 1859) and Lousada (Vol. II of Anaes
Maritimes e Coloniais, p. jg), given in the "Narracao da Inquisicao de
GoaJ',by Dellon, pp. II etseq.(translation) :
"About the Inquisition we may read the "Memorias" of High
Court Judges Magalhaes and Lousada, both ofwhom write almost
in the same words: "Finally, the Inquisition-the tribunal of fire
thrust upon the world, a scourge of mankind, an horrible institution
which will bring shame to its authors-came to make its brutal
. settlement in the fertile plains of Hindustan. At the mere sight of
the monster, everyone fled and disapyeared-Mongols, Arabs,
Persians, Armenians and Jews. The Indians, who are so tolerant and
peaceful, shocked to see the God of Christians more cruel than that
of the Mohammedans, deserted Portuguese territories and went to
the territories of the Nohammedans, with whom they had by n0.w
come to an accommodation, despite the fact of having suffered in
their hands innumerable and incalculable evils. In these circum-
stances towns and villages became deserts."
(9). Extract from "Oriental Memoirs", by Forbes, London, 1834,
Vol. 1, pp. 190-191, given in "The Decay of the Portuguese Empire in
India", by Rev. H. Hers, Bombay, 1928, p. 16:
"Many countries in the vicinity of Goa have at different times
been almost depopulated by the mistaken policy, bigotry and
oppression of the Portuguese Government."
(10).Extract from "Historia Das Relacoes Diplornaticas de Portugal NO
Oriente", by Constancio Roque Da Costa, Consul General and Goan
Deputy to the Cortes, in "Boletim da Sociedade de Geographia de Lisboa"
13 a Serje-No. 12: Lisboa r894 (translation):
"The cruelties which were comrnitted, the blood which was shed,
the acts of piracy which from the beginning marked the relations
between Portugal and the East irritated in such a way the people, APr'NEXES TO REJOINDER (F NO. 115) 701
sowing iiatrcd of, and suspicion against, cverythingthat was Portu-
guese, that it became impossible to have peaceful and arnicable
trade relations. From this moment it was necessary to have a foot-
hold on the (Indian) Continent to protect overseas trade. The fac-
tories could not be protccted without fortresses. The policy of
conquest bcpn to be irnplemented. It was not possible to have trade
without subjugation."
(II). Estracts fro~n"Os Indus de Goa e A Kepublica Portuguesa", by
A. de Koronha, Goan Judge of the High Court, Nova-Goa: written at
the invitation of the Governor General of Goa: Nova-Goa, 1922,pages 20
et seq. (translation) :
"In fact, the immcdiate and tangible consequence of what has
been succinctly narrated was the depopulation of villages, the
shortage of labourcrs, the abandonment of land, the disappearance
of craftsmen and the loss of natural wealth-in short, an cconomic
crisis. Ruins could be seen everwhere. Sadness, desolation and
misery prevailcd in the land...
From what has been said, based on documents, one thing emerges:
the spirit which prevailed in these lands from the beginning of the
conquest, was itsrigid secretarian spirit,most exalted fanaticism, a
most ferocious intolerance and unbridled ambition. Though some-
times a few personalities of wider vision attempted to moderate
this spirit and stop the cupidity and luxurious living, they achieved
nothing. Their intentions were very often distored, their actions
were almost always slibjected to overwhelming pressure by the
clergy and their reputations ncver failed to be iinder malicious and
imaginative intrigues and suspicious ...On the basis of documen-
tary evidence, we have seen that the 17th Century was a time of
uncontrolled power and licentiousness, of cupidity and disorderly
clergy. It is worthwhile noting that we do not Say that licentiousness,
cupidity and disorderliness existed only amongst the clergy, al1the
other higher classes lived the same vicious life, including the judici-
ary, among whom thcre was somctimes gross corruption ...In the
middle of this state of affairs the Hindus u7erenot forgotten. Some
legislative measures were published regarding them: sometimes
attenuating the previous rigorous measures against them, at other
times increasing the oppression, but never failing to bring further
revenue...
iliith ever-increasing restrictions, vexationsand deprivations of
their rights, we arrive at the 18th century, in which the frame-work
of restrictions is so tightened that we rcach a point of not knowing
what activity to restrict. Wence, the infidels were deyrived of means
of transport ...But what did it matter? The essential thing was
to hunt the 'wicked sect'...
The "General commotion", to use the term of the Tirne, caused by
the exodus was so great that the Senado Da Camara made represen-
tations about the ruin wliichthe exodus brought to the loss of rents
to the state and universal damages.
ildelirious persecution extended until the end of the 18th century,
though sometimes, as we have seen, there were short intervals
dictated ratherby the needs of the moment than by the adoption of
the policy of tolcrance. The constant Iessons of experience were
46702 ANNEXES TO REJOINDER (F NO. 115)
ignored. The afflictions or "general commotions" created by the
emigration of Hindusin 1715 had no consequence. The exhortations
of Father Manuel de Sa, Patriarch of Ethiopia, were of no use,
neither was the example offered by the neighbouring city of Bombay,
where the rich Hindus, Armenians, Parsees, Mohammadans and
Jews-al1 prospcrous merchants-had fled in the fear of vexations
and tcrrorised by thc Inquisition. They brought such a great pros-
perity to Bombay that, when the Portuguese Government wanted
to take it back by purchase, the Viceroy gave the following infor-
mation in his letter of the 18th Januar1827: "The islands of Bom-
bay rnay bring to the (East India) Company a rcntof about r60,ooo
Xerafins. Its exact value can be negotiated according to the usual
procedure of 10%. Howcver, it must be noted that a large part of
that rent deyends on thc trade and commerce which exist in the
Island at the prescnt moment, together with religious freedom
which yrevails there."
Opinions of other Goan historians and writers may be seen at p.
(12). Extracts from "The Portuguese in India", by F. C. Danvers,
London, 1894: Vol. 1, page XXVII:
"lt is not necessary to enlarge further on the principal topic of
the work of this iiitroduction, beyond stating that it aspires to be
nothing more than a compilation from various Portuguese and
Spanishpublications, amplifiedfrom publishedand some umpublished
records of the Portuguese Government relating to India; from Eng-
lish publications and records of the East India Company; and in a
few instances from Dutch publications and records ...
"The hostilitp of the Arabs and natives of India to the Portuguese
pretentions in the East, which was caused primarily by a desire to
retain the control of that trade which had for several centuries so
enriched al1who had a sharein it, was also greatly increased by the
inhuman barbarities too often resorted to by the Portuguese. in
order to crush their opponents and to drive them from the Indian
seas. The destruction of defenceless towns, the indiscriminate mur-
der of their opyonents, and the wholesale privacy openly practised
on the high seas in the name of a civilized nation, naturallenough
raised a spirit of opposition and retaliation on the part of those whose
interests and lives were so seriously menaced ...Unfortunately, at
an early date violent measures were adopted, with the view of
forcing the people to embrace the Catholic faith, Their pagods were
destroyed, and a11attempt appears almost to have been made to
carry out their propagandism by fire and sword, in imitation of
the manner in which Muhamrnadanism had been previously intro-
duced into India".
(13) .xtract from "A forgotten empire (Vijayanagar), A contribution
to the History of India", by Robert Sewell, London 1900: page X):
"1 trust that my remarks regarding the causes of the downfall
of Portuguese trade in the sixteenth century will not be misunder-
stood.It isnot inany spirit of criticism or comparison that 1 have
written these passages. History, however, ishistory:and it 1sa fact
that while the main causes of the small success which attended the
efforts of the Portuguese to establiçha great and lasting commerce ANNEXES TO REJOINDER (F NO. 115) 703
with India was no doubt the loss of trade after the destruction nf
Vijayanagar, there must be added to this by the impartial recorder
the disIike of the inhabitants to the violence and despotisms of the
Viceroys and to the uncornprising intolerance of the Jesuit Fathers,
as well as the horror engendered in thcir minds by the severities
of the terrible Inquisitionat Goa."
(14). Extract from "A History of the hlaharattas", by J. Grant Duff,
vol. 1, p. 254:
"The Portuguese in their warfare ..did not only carry fire and
sword into the defenceless villages, but destroycd the temples, and
atternpted to convert their prisoners by force".
(15). Extract from the Pieface by Miguel Vicente D'Abreu, to The
"Narracao de Inquisicao de Goa" by Dellon, Kova-Goa, 1866, p. II,
(translation) :
"In general the Inquisition was a scourgc of mankind-ferocious
and bIoody tribunal, a recourse open to an enemy of a person who
by virtue of his intelligence, wealth or other reason had achieved
a better social position than his neighbour-enemy. It was a constant
source of evil. And its worst consequences were felt in Goa, a place
so much ridden by the differences of castes, colours, sects, and
intrigues".
(16). Extracts from "Narracao da Inquisicao de Goa" by Dellon l,
Nova-Goa, 1866,p. 128 (Translation) :
"1 confess that my last unsuccessful audience (at the Inquisition
Tribunal), where 1 cxpected to have some good fortune, was for me
a shock beyond my suffering capacity. Thinking of freedom that
I could not possibly enjoy, 1 was soabsorbed in sadness and desper-
ation that 1 almost became mad, 1 had not forgotten that suicide
was forbidden, neither did 1 wish to be eternally damned, but 1 did
not wish to live any longer. My most vehement desire was to die.
My mind was so perturbed that 1 thought to have chosen a middle
course between a suicide and a natural death by seeking death at
the hands of someone, and hoped that God would forgive me".
(17). The Yortuguese Government states in itsObservations, Annex I
paragraph 3 :
"PortugaI adopted in India, as everywhere else, a policy of tolerance."
The yrevious pages have revealed the intolerant attitude adopted by
Portugal in India. 'Everywhere else' in the world her methods have been
similar. On this point the Government of Tndia deçires only to refer to
the following publications:-
~eport of Ad hoc Cornmittee. United Nations, on Forced Labour
(1953i.
The African Awakening" (1956)~ by Basil Davidson.
"Forced Labour in Angola-Portuguese trialof Liberal Writer"
-by the Legal Correspondent of the Manchester Guardian, 27th
February, 19j8 and 19th March 1958.
l Dellon was a French Catholic doctor,who lived in Goa at the timeof the
hquisition,and narrated in hisbook hisown experienceat thehands of the In--
quisitors, "Portuguese Contract Labour", by the Right Hon. The Earl of
'Cromer, London 1915.
"Portuguese Slavery", Debate in the House of Lords, July 23,
79'3%
Portuguese Slavery", by John H. Harris, London.
"Portuguesc Slavery", by Travers Buston and John W. Harris,
London, 1913.
"Slavery in West Africa-Portuguese Revelations", by Senhor
Jeronimo Paiva de Carvalho, London.
"Memorandum on Portuguese Slavery" addressed to the Right
Hon. Sir Edward Grey by the Cornmittee of the Anti-Slavery and
Aborigines Protection Society, London, 1913.
"Report on the Conditions of Coloured Labour on the Cocoa
Plantations of C.Thorne and Principe and the Methods of Procuring
it in Angola", by Joseph Rurtt and W. Claude Horton, Boston, 1go7.
Appendix 2
(1).In paragraph 7 of the Prelirninary Objection, the Government of
India stated tliat "Portugal's hold on its possesçions in India was always
opposed by the people". In the same paragraph, some ofthe numerous
revolts against the Portuguese Government were mentioned. The Govern-
ment of Portugal tried to answer this in paragraph 4 of Anncx I to their
Observations, alleging that "it isnot accurate to say that the presence
of Portugal in her Indian territories has encountered the opposition of
the people". It is necessary to point out that this statement and other
statemcnts contained in the same paragraph are seriously inaccurate.
The Portuguese Government refer to "thes so-called revolt of 1654''.
and describe it as "nothing but a manoeuvre of the Abbé hlateus de
Castro". Castro in fact ruled Goa for nearly two years.
"Don Bras de Castro was proclaimed Governor on the 2nd
January, 1654...and his government lasted for almost two years."
(Saldanha, "Historia de Goa", Nova Goa, 1925,p. 161.)
(2).The Portuguese Governmcnt refer also to "the sa-called 'conçpi-
racy of the Pintas'-a somcahat obscure incident, even the existence
of which has been doubted". Saldanha, however, gives a very different
account of these events of 1787 (op.cit.,pp. 2j5 ff.:
"The aim of the conspirators, according to the sentence later
passed on them, was to form a new rcpublic, in which the inhabi-
tants of Goa would govcrn themselves through aCouncil or "Camara
Geral", thereby being sovcreign ... Thc case was brought to trial
on the 9th December, 1788,and of the accuscd 15 were sentenced to
the maximum penalty, 5 to exile and 5to public flogging." 3. In paragraph 4 of Annex I to the Observations, the Portuguese
Government also remark :
"As for the other events mentioned in paragraph 7 [of the Preli-
minary Objection], including the alleged 'Custoba Revolt', they
represent only local troubles provoked by a small racial group-
the ranes of Satari, of warlike character-and generally due to
questions of taxation."
With this may be compared the following account given in the officia
'Annuario da India Portuguesa" for1953:-
"... up to 1822, there were 14revolts in spite of constant oaths of
loyalty which were used merely to obtain pardon from the Gover-
nors. The 1823 rising was severely put dow1.iby the Viceroy Il.
Manuel da Camara, but soon after, in 1824, there waç a fresh
uprisjng in reprisal.
In 1852 occurred a new revolt Ted by Dipagi Ranes, who, estab-
lishing himself in the caytured fort of Nanuz, was leading his bands
of followerç in al1directions, and drove as far as Comharjua, having
taken Sanguem and Quepem.
It was necessary to organise an all-Statc expeditionaryforce. This
force was commanded by the Viscount ofOurem, who led his forces
through the whole of Satari and reached Caranzol, without finding
the enemy.
On the 2nd June 1855 the treaty of surrender was signcd.
In 1869 there was a sudden new revolt, led by Custoba, the
fearless outlaw of Satari. But this revolt may have been due to the
feeling that injustice was done when condemning two Ranes, who
in their turn had treacherously killed a 'boto' (a Hindu prieçt).
The revolt Iasted until1871, and ended in the death of Custoba and
another leader of his group calledCalé Xaba.
The revolt of 1895 was led by Dada Ranes. To counter this revolt
a special expedition was sent from Portugal commanded by the
Crown Prince D. Afonso, brother of the King of Portugal, who later
became Viceroy.
In 1912, due to certain unjust decisionç about cultivable land,
there was another rcvolt by the Ranes. This was immediately
suppressed and the leaders were arrested. These were then deported
to S. Tome e Principe."
4. Throughout the 19th century, the Goan movement for autonomy
and a liberal constitution was going on. Its first leader, Peres da Silva,
took part in the revoIt of 1882. He was actually appointed Prefect
(Governor) of Goa in 1835, but after only a fortnight was deposed by a
coup d'étatof the European garrison. He subsequently reached Daman,
and for some time maintained his authority over Daman and Diu
(cf. Saldanha, op. cit., pp253-259). Da Silva's most prominent succes-
sors in the Goan movement were Francisco Luis Gomes, Wolfgango
d'Silva and Menezes Braganza. A mcasure of autonomy was granted to
Goa in July, 1917 This was cancclled during the authoritarian rule of
Sidonio Pais, in1gr8, and Menezes Braganza took a leading part in the
consequent upheaval. ANNEXES TO REJOINDER (F NO. 115)
Appendix 3
(Part 1)
GOA INTHE EARLY INDIATU H'ISTORY
(1)
"The territory of Goa is situated in Konkan ,..Its Indian name
is Govem or Gova, derived from the Sanskrit word Gova-Puri, i.e.,
pastoral village-a name which in olden times was given to the whole
island of Tissuari and, especially, to its old town, today Goa Velha. Later
the name Govemor Goemcovered the whole territory that is Goa today.
In Indian literature, Goa, is also known as Gomaata or Goinantaka, and
sometimes as Gova-rastra or Gopa-rastra, name of one of the seven old
divisionsof Konkan-Saptakoukana ...
According to a local tradition, narrated by the poet Sahyadri-khanda
in his Skanda-Purana, the inhabitants of the brahmin caste came in
ancient times from the rnarginsof the river Sarasvati (Punjab), and from
the city of Trihotra, todayTirkut, in Gauda (Bengal). Hence the desig-
nation of Gauda-Sarasvatas of these Brahmins, According to this legend
they were of Aryan Origin... Goa had a considerable degree of Aryan
civilization (in the Vedic period) as testified by the Puranas [f.n. Puranas
are ancient (Probably over zoo0 B.C.) sacred scriptures of India where
the highest aspirations of philosophic thought are expressed] :
"At the north of Gokarna there is a Kxetra, holy place, which ha
seven vojancas of the circumference and in which Gova-Puri is
situated. Gova-puri redeems al1sins. At the mere sight of Gova-pur1
any sin committed in the previous'existence is redeemed, like the
darkness which disappears at the sunrise. Even a pledge to batheIn
Gova-puri is suficient to acquire a higher standing in the next life.
Certainly there is no other Kxctra which cbe compa~ed to Gova-puri
where there are many Brahims with firofound knowledge ofVedas and
Vedangas, and where al1 the Hrahmins dedicate themselves to the
six Karmas and bring their passions subjugated by means of mantras,
herbs, penance and yoga." (Suta Sahita, Chapter 16.)
..Goa was under the rule of Kadambas of Banavasi, who ruled
Kanara and Southern Konkan and a large part of the Deccan. A branch
of these Kadambas came later to settle in Goa, founding there the kingdom
of KADAMBA OF GOA. The first prince of Kadambas of Goa, whose name .
has recently been discovered, was Guhalla-deva. It seemed that he
reigned during the last yearsof the 10th Century or at the beginning of
the 11th Century A.D. He was surnamed Vagmari because he was a
farnous hunter of tigers. His son and successor was Xasta-deva who
reigned about the year 1007 (Barnett, Antiquities of India, page 75).
It is said that he conquered Ceylon, imprisoning its princes, besides some
neighbouring kingdoms. Jaylzlkexi thelst, who succeededhis father Sashta-
deva raised the city of Goa to 2hecapital ofhis empire and reigned there
zcpto1052. He conquered Alupas, Cholas and other $eopEes.In April 1054
, he founded in Goa a charitable hospice, "Casa Misericordiosa" and a
tax was levied on the fortunes of people who died without inheritors, to
provide the "Casa" with funds. At that time Goa became a $o@ulousand
important region for its various sourcesof firogress. Its capital was situated
at the southern end of the island, on the right bank of the river Zuafi
which according to a Kanarese inscription was called Gozie,but in Sankrit ANNEXES TO REJOINDER (F NO. 115) 7O7
it was known under the names of Gopaka-@tri,Gopaka-pattana, and
Gova-puri. Arnongst the Greeks, Goa was known as Nelkinda, according
to some historians, andas Tyndis orTricadibuInsula, according to the
others. The Arabs and the Persians named it Kwae and Sindabur ...
Onceraisedto thecapital city of theKadambas Empire, Goawas notable
for its opulenceand tradein whichorientalfieoplewereengaged. Ifwosalso
famous /or its Magnificent buildings, collegesand otherestablishmentsof
education andfor houses of charity.An inscription of this time can be
seen in Goa,where it mentioned that numerous intellectualsthePandilas,
could be seen inGoa travelling in their palanquins and exhibiting valu-
able gifts received from the kingOtherinscri$lions compare the exquisite
charmsof thecity with the"PAKADIS OF INDRA".Some of the magnificent
buildings could be seen when the Portuguese arrived in Goa, but none
today, The place is now known among the Goans by the name of Vhodd-
lem-Goem, and among the Portuguese as Goa-Velha, and is now reduced
to a modest village. Jayakexi was succeeded by his son Vijyaditya 1,
who was a highly educated and widely travelled prince. His sztccessor,
Jayakexi II rztled over Konkan, Kavaduifla, Haive and Palasige and
married to the daughtcr of the Emperor Chalukya ..."
(Translation of an extract from the "Historia de Goa", by Father
M. J. Gabriel Saldanha, Professor of Liceu Central de Nova-Goa
(Portuguese Central High School of Goa). hlember of the Institute
of Caimbrn, Member of the "Comissao Permanente de Arqueologia
da India Portuguesa" (Permanent Commission of Archeology of
Portuguese India). 2nd Edition (Nova-Goa, 1925) .ol. 1. pages I
to 15.)
(2)
"The King of Bijapur was enchanted with the city of Goa, and
estimating the strategic value of its port, resided there frequently and
hoped to estahlish some time the headquarters of his government.
Goa hadreallyadtainedthe highesldegreeof moraland materialprosperity.
It was one of the main emporiums ofthe East and f~eqatenteby peopleof
various races and creeds frowt diflerent parts of AsiaShi@ sailing tu
Mecca, Aden, Ormuz, Cambaia and,Malabar touched Goa. Pilgrims tu
Mecca alsoembarked at Goa.Its opulenceandfEourishingtradeobligedmany
roientalprincesand kings doseekfrie?adshi$with therzclerofGoa. The city
was well built and fortified and has symeterical buiidings sepa~atedby
straight streetsand excellent squareswith gardens.
Its size was about three-quarters by one quarter of a mile in area ...
The main buildings were the central Mosque and the majestic palace of
Sabaio (Adil Shah) which had great halls-splendid porches with columns
and a garden full of aromatic plants.In front of the palace there wasa
large square, known at the time of the Portuguese as TerreivodoSabazo
and a great pool with engraved stones ...Private buildings, mostly of
one floor, had spacious and confortable rooms. Goa had also many ente:;
tainment houses and workshops. Its jezuellerywasfamous al1overIadza.
(Translation of an extract from the "Historia de Goa", by Father
. Gabriel Saldanha, op. cil., py22 to 24.)708 ANNEXES TO REJOINDER (F NO. 115)
(Part2)
THEPEOPLE OF GOA
(11
"Thus, confining ourselves to the territory of Goa, the Jatis-
Dessasta, Chit$avan, Carade and Scenevi-are considered Brahims, the
Marathas cal1 themselves Cxatrias, and the Bandaris (tappers of Palm
Trees) and Karvis (Fishermenjetc. are Sudhras ...
In consequence of general baptisms and of conversions en masse, the
Hindu Castes were made Christian which even today continue to exist
amongst the Christians of Goa there are: Brahmins, Chardos and other
Jatis of Varna Sudhra: Rendeiros (Tappers of Pslm Trees) Carvis
(Fishermen) etc.Whatever rnay be the etymology of the words "Chardos"
and Rendeiros", with which only the Chrisdians are designated, it is cer-
tain that the Rendeiros correspond to Randaris and Chardos to Marathas
and Vanis amongst the Hindus. It is for this reason that amongst the
Hindus we do not find Chardos or Rendeiros but Marathas Quetris
(military men), Vanis (Businessmen) and Bandaris (Tappers of Palm
Trees).
It is therefore no wonder that there ave (catholic) religious confrater-
lzities exclusive do Brahmins Chardos Sudhras i.1the same way as
there are Mazanias (Hindzt religious confraternities) exclusive to a certain
caste or castes. There are Mazanias constituted of only Dessai (Donators)
Marathas and of Brahmin Scenevis or Grand-Sarasvads, as at the
temple of Xri Sateri, Paroda. The members of thisblazania are Dessai
Marathas of Paroda of the first six Vangores (sections of village communi-
ties), Dessai Marathas of Xeldem and other places of the seventh Vangor
and Brahmin Grand-Sarasvads or Scenevis-Narconius (descendants
of record-keepers of municipal or village councils) see "Com$romisso"
published in Boletim Oficial No.32,20th April 1915...
There were also religious orders exclusive to Brahmins or to Chardos,
such as the Congregation of St. Filipe Neri and the Order of St. Caetano
which had only Brahmins. The Carmelitas Descalcos of Chimbel were
Chardos (A historical Sketch of Goa by Father Gottineau de Klogen,
page 128). By virtue of Royal Charter of the 10th January1704, military
cornpunies were organised by castes and under the Royal Alvara of ~1st
July 1733,twothirds of auxiliaries were set up in each district, by castes."
(Translation of an extract from the Sistema das Castaby Braganca
Pereira, Judge of the High Court, Nova Goa. 1920, pp. 33 and 40
et seq.)
(2)
"The temples in Ilhas were destroyed in 1540 and their lands confis-
cated for the use of the Church. In 1559 came a decree forbidding the
Rindus from holding any public office, but the really effective decree was
that of December 4, 1567 which forbade marriages, cremation, investi-
ture according to Hindu rites. The effect actually was through the tenure
of land to which succession was henceforth impossible unless Iegitimacy
was proved, which meant that the marriage had to be solemnized in the
church according to Christian rites. This meant general emigration of
high caste Hindus, and the tradition is that one brother of an extensive
joint family would stay behind to be converted with his wife and chil-
dren for the sake of the land.while the rest fled. This led to the break ANNEXES TO REJOINDER (F NO. 115) 709
up of what would have been the finest type of patriarchial family. But
a subsidiary effect was curious, in that henceforthGoa lzad "Brahmin
Christians" and Christiansof lowercastes, thecastemechanismhavingbeen
tvansferred in its essencto a castelessreligiolzbecauseof the transfer of
classeswith essentiallity the sarne productive relations."
("The VilIage Community in the 'Old Conquests' of Goa", by
D. D. Kosambi, in the Journal of the University of Bombay, lTol.,
XV., Part 4, January 1947 p. 69.)
"This rather uneven exposition finishes most of what we know
about the communities O# theOZd Conquests.Founded as they seem io be
immigrant Brahmins somewherebetweenthe qth and the 12th Centuriesof
the present era, the locality still barestraces,besidesthe Camara Geralof
eachconcelho, of a largero~ganizationthan the singlecommunity. Tisuary,
compriçing most of Ilhas, means "the thirty çettlements", which still
exis.Salseteis thePortuguese~0~~ufitioo nfSasasli;thesixty-six seltlemenls
which can also betraced i?zmodern times. Of these, it is known that the
communities about Margao had a central admi~~istration called the Ten,
based upon ten major communities who sent representatives that settled
matters of general interest. The organization was entirely Brahminical.
The most fertile and popuIous communities, those on the estuaries, were
in the hands of the Brahmin gancares, and possessed fields that gave
thirty fold or more while the relatively poor sea-side communities were
settled by a lower caste, theChurdos, who were convertecl without excep-
tion to Christianity and of whom the precise caste origin in Hinduism is
unknown. They seem to have had no voice directly in the Ten and had to
be content with their saridy soi1 that yielded ashttk as sixfold. This
interesting caste division of the localitieç might be interpreted as further
evidence of an invitation to northern Brahmins by some ancient king,
and the opening up of a new reign in a new forrn. The co-operative dea
did spread, for thecasanas are generally taken upby workers on the same
profit-sharing baçis and we know of now extinct industrial associations
that took the same form, in particular of fishermen.
The tradition is that justice was locally administered by thegancares,
which was made easier bythe patria potestasof Hindu law and division
in vangor groups. Capital puniçhment seems to have been inflicted when
necessary by the larger organisations which later developed into the
CameraGeral of each districtbut there are no kriown records. What was
not accomplished by direct violence of the offended party would mean
exiIe of the offenderas long as he did not live in the system of communi-
ties, it did not matter whether he lived or not.
The great weakness of the communities was their srnall total extent
and the complete lack of any military organisation for defence. This 1san
lnherent defect of any region dominated by the Brahmins of the old type.
I~s resuIts are to be seen in successive conquestsBut in this, asinmany
details of the economicdrain, Goa does not digev from other perzpheral
rusticlocalz'tiin India.The principal difference is in the long-preser~ed
ancient type of land ownership in common and inalienable fom, w~th
the existence of a certain amount of recorded data from the sixteenth
century onwards",
("The Village Community in the 'Old Conquests' of Goa",
by D. D. Kosambi, in the Jourria1 of the University of Bombay,
VoI. XV, Part 4, January 1947, page 76.) According to the 1940 census there were 43,933 inhabitants out
ofthe total population of624,177 who could read and write Portuguese.
That is, only about 7% of Goans have any Knodedge oi Porluguese. The
rg5o census does not give these figures. But the ".4nuario da India
Portuguesa" 1953, a yearly book published by the Portuguese Govern-
ment of Goa,says at page 77:
(Translation)
"The educated classes of Goa, especially the Catholic families
speak and write Portuguese. There are many official and private
scliools in GoaByt thepeofllespeak Konkani. Hindus EearsMarathi
whick they use in their $rivate and commercial correspondencea,nd
tkey have alsobooks and newsfiapers in Marathi...The Brahmins,
Chitpavans, Carades,Qztirvowts and Pades of the New Conquests,
who work on the land or are priestsspeak to eachotherin a dilalect
of Marathi whichis closer$0Konkani ...In Daman and Diu Catho-
lic families speak Portuguese[fan. in Daman there are only 2, 644
Catholics outof the total populationof 69,005 and in Diu 393, out
of a total of 21,138 ..butthe fieoplespeak Gujeïati. The dribes
of thePragana of ATagarAveli speak Marathi. The Mohommedans of
Goaspeak Konkani or Hindustani und of Daman and Diu, Gujerati
and Niwdustani and they write inPersian characters...
"There are also in Goa, mainly in Bardez. many families of
schoolsof English."ospeak English. There beingmany collegssand
Portuguese Schoolsand Non-PortugueseSchoolsand
Educatzon Education
GovernmentNigk Schools Private English Higk Schools
I School 67 schools
27 teachers 508 teachers
519 students 11,49 4tudents
Private Schools PrivateMarathi Schools
(Primary and High)
3 schools 88 schools
12 teachers 153 teachers
376 students 7,569 students
GovernmeniPrimary Schools Private GujeratiSchools
128 schools g schools
22 Iteachers 27 teachers
students 1,282 students ANNEXES TO REJOINDER (F NO. 115)
SchooEsO# Mixed Education
Portuguese Marathi
4 schools
teachers
? students
Portuguese Urdu
9 schools
teachers
S students
Portuguese Gujerati
II schools
12 teachers
1 students
Besiclesthese schools there are one Portuguese and threUrdu schools
run by private charitable institutioand subsidised by the Government.
(Translation of Data collected from the Portuguese Officia1Publica-
tions: "Anuario da India Fortuguisa", 1953,pp. 143 and 144.)
A number of Goans attend primary schools in India. Ofal1Goans who
proceed to high çchools, by far the greater part attend eitherEnglish
Iiigh schoolin Goa or high Schools in India. The above figures show that
only 895 students attend Portuguese High Schools. Even some of these
students later join the University of Bombay and other Universities in
India. Exact figures arnot available, but it is estimated thforevery
one student in Portuguese high schools thereareat least15 students in
English or Indian schools. (Part 4)
ECOXOMI CKD SOCIAL INTEGRATI O TH INDIA
Professor Avertano Correia Fernandes made a?, interesting study
of this subject and wrote a series of articles in tBoletim Sociedade
de Gegorafia de Lisboa", numbers 7 and 8, series 56a, July and August,
1938,pages 278 et seq., cxtracts of which have been translated and
reproduced below :
"...In the Seventh Provincial Congress there prevailed the idea that
an ernigrant is onc who leaves his country in order to earn his liarelihood
in anothercountry,no matter whether thiscountry belongs or not to the
same economic and political unit. Such a definition of emigration cannot
Be accepted by an economist as it confuses theinterna1 migration with
emigration. I think, tkerefore,that theshifting (deslocacaoaopart O/the
Goanfiofiulationto Bombay is not emigration,in theecolzomicsenseof this
wovd,but in ils $olitical sense,since Goais part thesame eco~zomiucnit
of which Bombay is the heart. Daman and Diu, for instance, have very
little emigration in its true sense,despite tjactthat a largepart of the .
peopleof thesedislrictsgodoworkoudsidetheirbozrndaries.Almosl the whole
O/ the fiopzllationof Bombay is constitutedby people comingfrom diferent
parts of India, like thatof Panjimand Mapuca (two towns of Goa),
though in the case of Mapuca the people corne from the neighbounng
districts.
..The emigration from Goa began about a hundred years ago. At the
beginning it was very limited, but gradually it expanded to such an
extent that now al1classes of people emigrate. The history of emigration
of the last hundred years can be devided into four periods-from r835
to 1875,from r875 to1900, from 1900 to 1914 and from 1914 UP to now.
With the openiyzgO/ the Marmagoa-Bombayrailway and the boatservice
betzeieeGzoaand Bombay, therewas an exodusof Goanpopulation by land
and sea.The wealth of the country was not sufficient to live in a modern
way of life. The limited rents of lands could not satisfy the increasing
needs-the salaries were extremely low and not every labourer was paid
in money. The emigration was a way of breaking the chains of social
domination, an easy way of knowing new worlds and making fortunes,
and raising one's material and social status. The migratory current
dragged with it both the bactar(the landlord) and thmundacar (tenant-
servant), both the literate and the illiterate.
The other factor which influenced the emigration from Bardez (GO?)
was the opening of British schools, first in Siolem and afterwards in
Arpora (both in Goa) by the late Father Lyons. Thisinitiative of Father
Lyons occupies a place of honour in the history of prosperity of "Yortu-
guese India", which brought economic and social revolution to Bardez
by opening new horizons to the intelligence and enterprise of Goans.
He was a foreign benefactor who rightly deserves a status. The college of
Father Lyons became the nursery of many other English schools that
have sprung up (everywehere in Goa). Al1of them have greatly stimulatep
the emjgration. The Government of General Machado, who with
lcear vision helped the expansion of English schools, also encouraged the
emigration. If sirnilar policies had been pursueby other governors (of
Goa) at the beginning of this century, a greater prosperity would have
been reaped by "Portuguese India" of such a sound educational policy The 1914-1 w8ar was another factor which greatly contributed to the
swelling of the emigratory current. The war created a great demand for
the people, both literate and illiterate.c number of Goan seamen in
Bombay increased from 7,500 before the war to over 12,000 after the
War. Duririg this time Goans emigrated also to the Persian Gulf, British
Africa and even to America. Unfortunately no statistics are available.
But we should not exaggerate if we said that the emigration increased
from 30 tojû % between 1915 and 1935.
Goan emigration has become hoth a natural and pathological
phenornenon. The "new horizons" opened by the war have transformed
a great part of our emigration into a social phenomenon rather than a
demographic or economic. A new social pattern began to dominate the
idea of emigration-there was emigration not only of people who should
have emigrated but evcn of those who ought not to have left the country.
The social situation became unbalanced. The emigration drew further
emigration. The causes became the etiects, and the effects the causes.
It uras a vicious circle. There was also an increase of female emigration,
but this is up to now limited to maids, nurses and other women for
domestic services ...Goans are found everywhere in India including fur
distant Iiashmir. There are about 45,000 in Bombay, 2,500 in Poona,
1,200 in Calcutta,500in NagPznr and 4,500 in Karachi. 800 ia Rangoon
and further small groufis in Belgao, Hubli, Bz~shawal,Dohad, Cochin,
Bangalore, Sec.underabadand many other $lacesofIndia. [F.n.Today the
total number of Goans in India is about 150,000-in Bombay alone,
there are about 80,000 Goans.] With the exception of 8,000 Windus and
Moslems, al1 are catholics. Our emigration is not only flabural,inevitnble,
and necessary,but alsuhighly benejiciatoGoa-it is the sozcrceof our well-
being and a talisman of oztr$rosperit~... The explanation of this pheno-
menon lies in the fact that Goa is lacking in social, agricultural and
industrial wealth.
The consequences of cmigration can be felt in every sphere of Goan
Iife. The motion approved by the Seventh Provincial Congress said that
the emigration "power/ully co%tributed to secz~vewealth, vitality and
economicdeveLo$ment O/the co~ntry" (Goa). The most obvious effects can
be seen in the economic field. The increase in the value of the land in the
New Conquests in ttie last fifty yeaislargely duetothe money remitted
by the emigrants. Itis not an easy task to estirnate the exact percentage
of this incrcase, but an approximate estimate made by me in my village
of Assagao has shown that since 1850 land ïvorth over seven and a half
lakhs of rupees was purchased with money remitted by emigrants, not
including money from emigrants that has been spent in building houses
and in purchasing land leased in perpetuity-which should amount to
over two'and a half lakhs of rupees. Land .inBardez has been sub-
divided in small plots and its value enhanced. Interna1 and external trade
has arisen, bringing greater revenue to the Portuguese Exchequer. The
synchronization of emigration with imports is significant. The entry of
(Indian) currency on a large scale creates a demand for various goods
imported from foreign countries . . . It also increases the interna1 trade,
raises the prices of home-produced goods, stimulates small local indus-
tries, brings a higher amount of fees to professional people, creates a
greater dernapd for labourers and, in sum, it i~ijects vitality to every
economic activit y, bringing prosperit y to every class. This flood of foreign
currency not only covers the enormous trade gap (over 125 lakhs of714 ANNEXES ToREJOINDER (F NO. 11.5)
rupees) but brings a handsome surplus in the balance of payments
(of Goa). Had it not beenfor this floof ,'oreigrtCUPYE?ZCCY,Uwuuld have
been bankru$t a Eolzgtime ngo. The visible trade deficit alone of the last
ten years, which amounts to about 132 million rupecs, would be sufficient
to drain the last grain of gold and silver from "Portuguese India". The
total amount of fiduciary circulation of the Banco Nacional Ultramarino
is below the total value of imports of a year, but approximately equal to
the trade gap. It is this constant flood of money remitted by our emi-
grants that explains the settlement of trade gaps without any difficultics,
the rising value of the land ... the soundness of the "Portuguese Indian
Rupee", the considerable a~iiount of capital that is always avvailablein
Goa, and the high standard of living of the people in general ...The
"Portuguese Indian Rupee" would be worthlesç had there not been this
continuous surpliis in the balance of payments.The intrinsic value of the
rupee is 185 grains of silver, which is sold on the London market at
20d. per ounce. Thus, a rupee would be worth 6 annas and 6 pies, and a
rupee note would be worth evcn less. Fortunatcly, the (Portuguese)
officia1 circles do know the reasons for the soundness of our rupee and
of Ourentire economy. The report that introduces the annual budget does
refer to the emigration, as the cause of the prosperity of the State, and
above al1 of a sound rupee. 1 do not dare Say where the "Portugriese
Indian Rupee" would be, if it was not for the emigration. 1 can only
recall the monetary system of Germany, Austria, and Russia during and
after the1914-1 W8ar.
..In the first place, customs duties on imported goods bring a yearly
revenue of about 23 lakhs of rupees. As 1 have explained, goods are
imported to meet the demands created by the remittances sent by the
emigrants. Other revenues, such as stamp duty, liquor tax, income of
Port Authority, and Post Office Revenue, are collected by the State,
largely from the money remitted bythe emigrants. The revenue of muni-
cipal authorities, such as licensing fees of bars, butchers and other com-
mercial houses, is no less benefited by the remittances of the emigrants.
The p~osperozcsfinances of the State, and the high salaries paid to the civil
servants, area result othe sweat and sacrifice of the emigrants.
The social effects of the emigration are no lesç importanAn excursion
thuough our villages, namely ofBardez and ilhas, would reveal thesources
O/ so many buildings, of the rapid increase of ozkrneeds, of the relative
com$Eexity ofozkrlifeeven in themost remote and poor villages.The many
pompous feasts at home, the grandiose religious festivities, and our
ostentatious way of dressing, show nothing else but a paradox of our
life...and its pathological manifestations (a poor country, but with a
prosperous appearance).
...1 should like to mention some of the Goans who occupied a pro-
minent social positionin India and who arc no longer living. Dr. Acacio
Viegas was the first and only Goan to be Mayor of Bombay [f.n. this
was written in 1938 ,fter that date other Goans have become Mayors of
Bombay, such as Ubaldo Illascarenhaç!, after having occupied other
high positions in India, such as Dean of the Faculty of Medicine of the
Bombay University. The city of Bombay, without discrimination of
rare, colour, or creed, has erecteda statue of Dr. Viegas, thus acknow-
ledging the distinguished services rendered by him to the city. In the
civil service there are many cminent Goans: Dr, Raymond was a Hlgh
Court Judge in Karachi, Dr.Acacio da Gama, Jr. was Director of Health ANNEXES TO REJOINDER (F KO. 115) 715
Services of the Bombay Presidency, Jose Vaz was Collector, Dr. Pinto
do Rosario was Director of the Institute of Vaccination of Belgaum, Luiz
de Sa and Filipe de Quadros were judges, Fredie Ribeiro was Assistant
Director of thc General Post Office of the Bombay Presidency. Amongst
the professions there are Dr. Joao Camilo Lisboa, a distinguished bota-
nist,Dr. Gerson da Cunha, well-known orientalist and eminent archaelo-
gist and numismatist, Ur. Acacio da Gama, the opthalmologist, Dr.
L. J. Pinto, Dr. Carvalho, Dr. Francisco da Costa (first Indian to be
admitted a Fellow of the Royal College of Surgeons of London), Dr.
Augusto de Souza, who reyresented British India in so rnany interna-
tional congresses of Hygiene and Health, and Luiz de Souza, a famous
barrister. In politics and journalism there are also distinguishedGoan
names: Leandro Mascarenhas, Jose da Silva, Lourenco Roque Faria,
Antonio de Souza, Salvador Patricio and Apolinario de Souza. Goan
writers include Dr. J. N. da Fonseca who wrote History of Goa, Julio
Kibeiro, who won many honours in the Bombay University, 12. X.
Soares, who was professor at the Baroda University. Amongst the living
Goans in Bombay there are many who occupy high positions in politics,
bureaucracy, professional life, in Universities etc...." ANNEXES TO REJOINDER (F NO. 115)
716
Appendix 4
The heading of Article in Portuguese is: "O Protesto Impoe-se,
Avante, Geracao Nova" ( A protest is nccessary. Come Forward, the
New Generation).
"The Period we are passing is grave. The hour has struck when
we should echo the cry of war against the evil which humiliates and
precipitates our dear Country. Our rich cradle has been converted
intothe straw-bed of a slave. Liberty of thought has been suppressed.
The rights of the citizen have been despotically snatched away.
Our civic dignity has been stabbed with the coldness ofice. Decrees
have corne which are marks of abasernent placed on the foreheads
of a people, cultured and civiliscd.Then came the Acto Colonial
to tell us thatthe son of our country is still raw for the cosial ernan-
cipation. The Government of the Dictatorship persists in attacking
our civic rights throwing us into a vexations situation, And there
is no voice ofrotest there in Goa because the right of public assem-
bly has been torpedoed, because the right of expressing ones thought
is censored, In this high time of civilisation our mentality cannot
admit the use of carbine for the vindicationof our rights. We have
to defeat the enemy with our pride, with the external manifestation
of our wounded dignity. The resounding voice of protest is theref ore
our arm of defence. 1sthe cry of revolution choked within the vaults
of our house? Here is the vast India (British India) our sister, where
in spite of al1 the imperialism, therc is respect for the liberty of
manifesting the sentiments of the communities, The Goan Union
has resolved to promote a meeting in this C.ity to protest against
the civic attackç made by laws which are being decreed for US.
There particularly the voice of the elders will manifest thc feelings
of the unjustly humiliated people. But in addition to this itis
necessary that the new generation, thevigorous sap of India, should
also in its turn raise its voice of indignationairesounding protest
full of spirit and courage. There should be no illusion at the moment
which is passing. The country is fed up with promises and s~veet
words. Oh new spirit, the protest will go to some pigeon-hole of the
Secretariats, but the esture will remain, which tvill dignify the
country of our birth. 8ne who insütently dis-respects the rights of
India will not want to destroy what he has constructed. Let us not
live in illusions. In the farce enacted in the hlilitary Service Regu-
lations there is an cdifying example: 1s the voice of protest dispised
ky an irritating irony? Don't mind it, because we should not help
the Government of the Dictatorship to remain in the $nssive pos-
session of our rights.
Youth: The greatest insults have been hurled in the matter
of our civic rights. In the matter of finances the tax payer has been
annihilated. The autononiy is only to save appearances. The Gov-
ernment does what it thinks best. The law is an abnormal regime,
the will of the Dictatorship: This is the state of affairs tday and
it will be so tomorrow ifour country remains submissive in the face
of the humiliations to which we are subjected constantly. The new
generation has therefore the inevitable obligation of studying the ANNEXES TO REJOlNDER (F NO. 115) 7I7
humiliating and vexatioussituation in which life is ledin the country
of our birth and to begin the reaction by expressing its protests as
many tirnes as is necessary, because what we have done up to now
in the face of insultsisto livethe life of vermins. One who does not
struggle dies. One who does not protest shrinks
In the Goan Community of the vast City of Bombay there are
many youths. It is our tvish therefore that these should also unite
in a union of thought-in this hour in which our India (Portuguese
India) iç made a country of slaves the back of a donkey-to record,
as we have said before, a resounding protest fullof dignity which
may loudIy proclaim to the Government of the Metropolis (PortugaI)
that Our Country is not acountry of savages." A born leader, Nenezes Braganza dedicated his entire life and al1he
had tothe service of his Country and of his people. During his long and
brilliant journalistic career and as a political leader, many were the
battles he foiight for the rights of the Goan People against the colonial
prepotence of our foreign rulers. More than once he rcminded them in the
most unequivocal terms that Goans had not resigned to remain eternally
conquered people :
"... In the juridical conception of-our times he-told them-to claim
that a conquest has the value ofa right isaç ridiculous as that "plenitude
of apostolic power" with which Pope Alex'ander VI, confirming the bull
of his predecessors divided the world between Portugal and Spain. ..
"..Why does Portugal not also revindicate slave traffic as an inherei~t
right of the "historical function of possessing and colonizing overseas
domains? ...It (slavery) \vas as well established a fact as conquest. If
there can be peoples who are slaves we should not find it strange that
there can be individuais who are slaves."
(A?znotatiolzs oh a Letter,1933.)
Always rernaining independent of the people in power he launched
persistent attacks against the inapt and corrupt Portuguese administra-
tion. Equiped with a thorough knowledge of Administrative affairs none
\vas better placed to watch over the interests of Our People. \Z7ithhis
magnificienf culture and iinequalled and brilliant pen hc dedicated the
greater part of his energy to cie~iouncingal1the reactionary forces at the
service of the ante-diluvian Portuguese imperidism. Nevertheiess, his
was not a petty or merely emotional nationalism. Linked as it was with
his wide culture, it inevitably lead into the deeper channels of the inter-
national progressive currents.
"...In order to lovc our own motherland said hienezes Braganza we
Iiavenot to hate those of others. Nationalism does not necessarily involve
the hatred or contempt of foreign people. For desiring Our own families
we do not abominate the families of others.
"There is, it is true, the nationalisrn of imperialist nations. It is op-
pressive, retroga.de, selfish, exclusivist. It lives by exhaling war, and 1s
the foe of the emaiicipation of the peoples. It serves as a lea'tmotzv to
dictators who use it to hypnotize the masses with dangerous dreams of
expansion, alid to halt the impetus of revolt against their freedom-
oppressing rule. It feeds on the vanity of dead laurels, when itsees that
there is no place for conquest. It isanti-internationalist.
"But there i~ the nationalism of the people who think themselves
with right to a free life and fight to have it. Thedo not hate other people
for being free. They merely revindicatc an equal right. Their nationalism
is,so to Say, the starting point of internationalism."
(The WrongPersfiective-Pracasha,31stCct.1928.)
Though he spared neither the Portuguese Monarchy or the Republican
regime wheii the rights ofthe Goan people came into question, his greatest ANKEXES TO REJOIKDER (F NO. 115)
7I9
fight against the foreign exploiters and enslavers of Our country came
under the present Salazarist regime. His dauntless stand for Freedom
and Progress made Menezes Rraganza the most feared enemy of the
present Portuguese Fascist rulers of Goa. His was the motion whjch in
the name of the Goan representatives reyelled in the Government council
Salazar's monstrous piece of legislation, the ColonialAct. In that motion
Menezes Braganza told Salazar :
"Portuguese India does not renozkncethe right that all peoples have of
atkaiqring2hefuJLnessO/ theFrindividzdalityio thepoint O/ constzlzrkinunits
capable of guiding their own destinies, this being the birthright of their
organic essence." (4th.Tub, 1930,)
And explaining the motion to the Goan People he wrotein the Pracaslza:
"...It.was the offirmation of the right to self-determination, which
is the corner-stone of the Declaration of the PeopIes' Xights, which is
being moulded in History's melting-pot, a declaration ashurnan as the
Declaration of the Rights of Man, which the tyrants and Dict.ators are
incapable of extinguishing frnm conscience, though they might trample
upon it in written texts.
"...lt(fhe Colon.ial Act) is the aggravated exp~essiono/ a petty nation-
alism. . . The discrinzilzation is today a judicial fact, constitutional,
estatutable. The application will conze with ofifiortunity. Let nobody be
illusioned. ltisthe Colonial Act that has to be defeated, without mercy. It
must be the central point of our protests. It is not enough to repel ils mani-
jestation...Let the Princifiles /rom which they derive be our tcarget.
"...Itell you more, with the certainty of one affirming an established
rnaxim: our protests will fa11like voices in the desert. The inmates of the
Terreiro de Paço may, perhaps, even laugh at our ingenuity.
"The value of protests lies in themselves, i~ithe truth they hold,,in
the justice they proclaim. The shame lies not in being enslaved. ro
stretch out one's neck to the hangman's nose is anirnality. Not to rcact
against the affront that tve at evcry step are being made to feel, is
ignoble. It is abject." (For Our Rights, 21st June, 1933.)
Right from the inception of Sa:nïar's dictatorship in Portugal and the
imposition of the Dictator's fascist policies in the Portuguese colonies
3lenezes Braganza carried on a relcntless fight against the oppressive
regime. In 1928 in an article in the Pracasha entiled, "The Dzity of the
Moment" dated 14th November, Menezes Braganza made a fervent
appeai to the Goan people to react against the SaIazarist affronts to
their rights.
"...Portuguese India must spcak up. Silerice would be cowardice.
Inertncss would mean the abdication of collective dignity. Apathy is
abjection for it is the characteristic of slaves.
"ive cannot continue in this civic anaesthesia, without taking on
ourselves the responsibility ofassent in this slow process of suppression
of the rudimentary rights of citizenship. We must prove that we feel.
Or clse we cannot pretend to live even the life of plants. Even plants feel.
"Resignation rnight produce saints. But peoples who resign are a
shame to the human especies. For they reprcscnt the highest degree of
collective degradation." ANNEXES TO REJOIKDER (F KO. 115)
720
"Portuguese India's dutv is to tell the rulers that it will not assent,
through Zlence..."
"This is theduty of the hour that passeA.duty which belongs chiefly
to al1 representatives bodies of the couiitry like the Municipalities, the
elected part of the Government Council and the Provincial Congresç of
-
PortugÜese India.
"... If we are men we must act as men. If we desire the condition of
worms, let us go on creeping. But we should blamenobody when we are
crushed."
But hlenezes Braganza iiever lost hopes of a coming redemption.He
warned the Portuguese tyrants:
"...The Declaration of the Rights of Man taught us that men are
free and that they are born with equal rights, that there are no masters
and slaves, conquerors and conquered, and that resistance to oppression
is a right, When the head of Luis XVI rolled from the scaffold, that was
in itself a lesson. It indicated the futility of the efforts of the reactionary
classes to hinder thewave of popuiar revindications."
Finding no way of subjugating Menezcs Braganza the tyrannical
Salazarist rulers put an end to their fearless opponentdepriving him
of his means of expressio:They banned the publication of thePracasha.
UnabIe to live gagged and without freedom, unable to watch in silence
the oppression of his people, hlenezes Braganza did not long survive the
murder of the Pracasha. On 10th July,1933,with a sudden stroke passed
away the GreiliestGoan of his generation, a victim of the Salazarist
tyranny.
Menezes Braganza remained the id01of the Goan people. His f~ineral
17 years ago was a mighty rtpotheosis of the love and reverence the
Goan people had for their great departed leader. For years after his
death, people came from al1over to visit his grave on his death anniver-
sary. But the fascist rulers feared him in death an1946,the year when
the present struggle for freedom was laiinched in the form of a Demand
for Civil Liberties, the nationalists who had corne pay their homage
were met with armed force, beatingand arrests in front of the cernetery.
But the meInory of our beloved departed leader miist not be forgotteii.
Now is the time when we can repay the debt we owe to our immortal
leader, whose very tomb seems to instill fear into our enemics.
Goam Yoztth! let his heroic and noble life serve as an incentive to us
in this most crucial moment ofour national lifeLet the great lesson of
Patriotism, Courage, Dignity and Righteousness that he has left us
inspire and giiide us in our struggle for Freedom. Let us fearlessly follow
the noble esample he has left us as our proud heritage and march to
Victory!
LONG LIVE MEKEZEB SRAGXIZZA!
LONG LIVE FREEUOM!
LONG LIVE A FREE GOA IP;A FREE IKDI:~! Appendix5
EXTRACT SHOM THE BULLETIN OF THE INTERNATIONAL
COMMISSI OOFJURISTS, OCTOBER, 1957 p,p. 36TO 44
, . . . , . . .
FreedomofthePress
The Constitution appears to guarantcc freedom of expression of
opinion, but under Article2 of Decree-Law No. 26,589 no pubiicat,ion,
whether periodical or not, may be established without the approval of
the Government. Article 5 yrovides that :-
"The Division of Censorship Service can oppose the use of any
denomination of journal, bulletin, review or other publication
which might induce the public to error concerning the social doc-
trines or policies there customarily defended."
Under Article 7:-
"The entry into Portugal, distribution and sale is yrohibited of
journals, reviews and other foreign publications containing matter
the disclosure of which would not be permitted in Portuguese
publications."
In practice every newspaper and publication is subject to rigid
ceiisorship whicl? excludes practically al1 criticism of the Government.
The newspayers al1 bear the imprint "Passed by the Censorship Com-
mittee". . , . .
The Constitutio~i apyears to guarantee freedom of association, but in
practice no society, association or organisation is permitted to esist
u~ilessit is oneofwhich the Government approves. . . . .
Ali poIitica1 parties, exceptDr. Salazar's party, wcre disçolved in
1926 and liberty to associate is not in fact usually permitted except to
religious organisations and to a monarchist society which supports the
Governrnent. . . . .
University associations of students used to be permitted. Under the
recent Decree-Law No. 40,900 University students rnay now orily
associate in a society wl-iichis limited to those in the faculty in which
they are studying, and the teachers of the faculty must also be members.
Nor may students have contact, without Government permission, witfi
any student organisation of any other country. . . . .
In a country where there is so much unemployrnent industrial organi-
sation is of obvious importance. Under the Portuguese Constitution al1
industrial workers must be members of their appropriate industrial
syndicate. Al1strikes and lock-outs are illegal. The punishment for any
worker who strikes is from two to eight years imprisonment. The formaS
tipn of anyTrade Union, ayart from the officia1syndicates, is a criminal
offcnce.
The security laws are numerous and far-reaching. Decree-Law Ko.
37,447 setsup a Council of Public Security consisting of the Cornrnander-
in-Chief of the National Repiiblican Guard, the Commander-in-Chief of
the Public Security Police and the Head of the International and State
Defence Police. The Decree-Law creates various classes of people who
a. to be subject to police "supervision".The political police are given
wlde powers to ban meetings and gatherings, to close public performan- BNNEXES TO REJOIKDER (F NO. 115)
722
ces and "to search the residences of the individuals supervisedEmplyo-
ers who engage men in districts away from their homes must report
their engagement to the Police. Article 23 gives the Political Police
power to close "places which serve as headquarters or may be used by
their owners to facilitate subversive activitiesand Article 24 provides
imprisonment for those "who print publications, manifestos, pamphlets
or other literature of a subversive nature."
Special Courts for the trial of political cases, with special judges, have
been set up in Lisbon and Oporto and they sit continuously.
Article 21 of Decree-Law No. 37,447 empowcrs such Courts to apply
to those convicted of crimes against the security of the State "thc
security measure". The "security measure" is that provided by Article20,
namely "internment as a measure of security for one to three years in a
suitable establishment". Article 22 provides that it is the duty of the
Political Police "to apply orxtend the security measure" and adds that
they "may apply the security measure temporarily". These yowers of
the Political Police are being extended and now enable them to keep
men and women in prison indefinitely after conviction. Decree-Law
No. 40,550 of hZarch 12,1gj6, provides that:-
"Article 7.The following will be subject to internment as a mea-
sure of security in a suitable establishment for an indeterminatc
period, from six months to three years, which rnay be extended by
successive $eriods of tkree years as long as they continue tn show
themselvesdangerous" (our italics).
Nany Western countries have wide and, indeed, neccssary powers
to deal with subversion. What matters from the point of view of the
Rule of Laws is whether such powers are exercised by the Courts or by
the Police, and whether they are in practice used to suypress legitimate
political opposition to the party in power. Whereas, before the Govern-
ment of Dr. Salazar, the Police could not arrest and detain anyone in
prison for more than 48 hours without bringing them before a Court
on some charge, under Decree-Law No. 35,04 2he Political Police can
now arrest and imprison without charge for three months (which, by
two subsequent periods of 45 days each, can now be extended to six
months with the permission of the Ministry) ; and this power to arrest,
impnson and release iin common use. . , . .
On Junc 13, 1957, Professor Ruy Luis Gomes and four others were
brought to trialbefore the Political Court of Oporto. They were prose-
cuted because they had sent an article to the newspayers (which, owing
to the Censorship, had not published it) in which they appealed for the
restoration of free elections, the restoration of the right of free speech
and of the right to form political parties, the revocation ofthe powers
of the Political Police to keep men and women in indefinite imprispn-
ment, and for negotiation with the Government of Tndia over the dlffi-
culties which had arisen in connection with the Portuguese colony of
Goa. They had been arrested in August 1954 and kept in prison until the
first trial in April 1955 when they were convicted. They appealed and
tfieir conviction was set aside and a new trial ordered on AugusI, 1956,
when they were at once rearrested and kept in prison again until then-
second trial in June 1957, ANKEXES TO XËJOINDER (F NO. 115)
The trial opened by the defence lawyers asking for an adjournment
because they had not been able to converse with their clients for nearly
a year. The Court allowed them one hour. When the trial reopened it
began by the woman accused being cross-examined by the presiding of
the three judgcs. The prosecuting advocate sat on the Bench next to
the judges. No shorthand note or other record of the evidence was taken.
The defence lawyers wcre not even allowed to take shorthand notes
theniselves. It was thus not possible to Say on what cvidence the accused
were convicted oracquitted. On July 30, Igj7 al1the accused were again
convicted. Four of them were sentenced to two years imprisonment and
the fifth to ten months. Notice of appeal had been given.
The care which needs to be exercised by Advocates appearing for the
Defence before the Political Courts is illustrated by the fate of Dr.
Manuel Joao da Palma Carlos who, on July 23; 1957, was defending in
a political trial before the Political Court in Lisbon. .4t a point in the
trial when the Court intimated that they did not wish to hear Dr. Carlos
any further, he was unwise enough to Say "Your Excellenciès judge as
you feel like, with or without proof".On thesame day he was charged,
and in a trial lasting from midnight to q a.m. of the following day,
convictcd and sentenced for this remark to seIren months imprisonment.
A meeting of the Bars of Lishon, Oporto and Coimbra, called by the
President of the Order ofAdvocates took place on July 31, in order to
prot'est against the sentence on Dr. Carlos, but the censorship forbade
publication of tliecommuniqué of the Order. An appeal by Dr. Carlos
is pending. Appendix 6
(1)
The following Iist of prominent Goan leaders, who were arrested
between 18th June, 1946 and August 1947, has been cornpiled on the basis
ofreports published inGoanandother newspapers. Thelist isnot complete :
Aneged reason for arrest.
Date of Arrest Action taken.
18th June 1946 Dr. Juliao Menezes Dr. Menezes taken tn Aguada
at Margao Fort.
Shri Trivikram Vaidya >Ir, Vaidya was arrested for
making a subversive speech.
Miss Vatsala Kirtani Miss Kirtani was arrested and set
free on the sarne day when a group
of 60ladies marched to the police
station and demanded her release.
30th June 1946 Miss Berta Rlenezes Miss Menezes was arrested on her
at Margao
way to address a public meeting.
10th July 1946 Shri Jochirn Dias AIr. Dias was arrested while ad-
at Chandor dressing a meeting. He waç
brought to Margao.
12th July 1946 Shri T. K. Cunha Mr, Cunha was arrested and sent
to Aguada Fort for his public
speech at Margao on 20th June
1946. He waç tried by the Military
court at Panjim on 24th July and
sentenced to 8 years of deporta-
tion. He was deported to Portugal
on 2nd August 1946.
13th ]uly 1946 Shri Bhaskar Bhandare Mr. Rhandare was arrested for
at Panjim organising procession on r9th June
1946. in Panjim. Ile was sent to
Aguada Fort and tried on 7th
rlugust by Military Court. ?Vas
sentenced to six nlonths imprison-
nient and goo Ks. fine.
18th July 1946 Miss Lalita Kantak \
at AIatgso >Ir. Prabhakar Amonkür
Mr. Manic iîlhapsekar Arrested for organising processinns
Mr. NaTayan K. Nayak i and meetings.
Mr. Shantananda Tilve
Mr. Bala Kakodkar
hlr. Krishna Lotlikar
1
At Ma~uca Shri Shantaram lvere arrested for organising
Shri Manohar Savkar
Shri Prabhakar Dalal meetings 'and were jailed in the
"lice 'Ost.
18th July 1946 Shri Upendra Talavlikar 1Ir. TalavIiker was arrested for
at Mardol Shri Devendra Kelekar making a public speech and
Shri Tatya Velingkar Mr. Kelekar and Velingkar for
organising a meeting. They Alleged reason for arrest,
Date of Arrest Name: Action taken.
were jailed to Panjim police post.
Mr. Talavlikar was tried on 8th
August by hlilitary courtand sent-
enced to 3 years imprisonrnent and
sent to Aguada Fort.
9th .4ugust Shri Dula
1946 at Shri Tatya IVere arrested ior organising nieet-
Kudchodem Shri Bala Kakodkar ing.
Shri Raghuvir Kakodkar
At Margao Shri Purushottam \Vas arrested at hIargao and sent
Karod kar to Aguada Fort for organising the
movement. \Vas tried on 27th
September and sentenced to g
years deportation. He %vasdeported
to Portugal on 14th December
1946.
18th September Shri Laxmikant Bhembre IVas arrested whilc otferingSatya-
1946 at lllargao graha. Sent to Aguada Fort. Was
tried by hlilitary Court at Panjim
on 24th October rg46 and sen-
tenccd to 4 years deportation.
Deported to Portugal on 14th
December 1946.
~1st September Shri Narayan K. Nayak Was arrested for shouting slogans
1946 at Margao during the satyagraha of 18th Sep-
tember 1946 at AIargrto. Sent to
Panjim and then to Aguada Fort
Was set free aiter 5 weeks impri-
sonment.
-5th September Shri P. P. Shirodkar Was arrested for giving the neivs
1946 at Margao of the satyagraha to Bombay
newspapers. Tried on 5th Novem-
ber and sentenced to 4 months im-
prisonment.
and Oclober 1946
At Quepem Shri l'enkatesh Vaidya Arrested for having offered satya-
graha.
At Ponda Shri Rau Halanker Arrested for having offered satya-
graha.
At Richolim Shri Janardan Bhende Arrested for having offered satya-
graha.
At Alapuca Shri hlanohar Kunkalienkar Arrested for having offered satya-
graha.
At Kanakona SIiri Shete
Shri Govind Padyar Arrested for Iiaving offered satya-
Sliri Gopinath Keni graha.
Shri Janardan Shiruaikar
rotk Oclober 1946
Dr. J. J. de 1-oyola 4rrested for giving an interview to
Free Press Journal of Bombay.726 AKh'EXES TO KEJOIPIDER (F NO. 115)
Alleged reason for arrest.
Date of Arrest Action taken.
\Vas tried on rith Kovember by
BIilitary Court and sentenced to
4 years of deportation. Deported
to Portugal on 14th December.
10th Oct. 1946 Shri hlaiiu Dhond / rirrested in Panjim for distributing
at Panjim Shri hl;tganlal pravalo { Icafletsand Party posters'
18 Oct. 1946 Dr. Ham Hegde For offering satyagraha. Jailed in
the Aguada Fort. Tried by Military
Court on 4th December and sent-
enced to 8 years deportation. De-
ported to l'ortugal on 14thDecem-
ber 1946.
At Panjim Shri Laxrnan Sar Desai For offering satyagraha.
At Mapuca Shri Madhukar Mordekar For offering satyagraha.
Dr. Vinayak Mayenkar For offering satyagraha.
At Bicholim
At Ponda Shri Venkatesh Verenker For offering satyagraha.
At Quepem Dr. Xarayan Hhemhre For offering satyagraha.
Miss Jivan Karapurkar
18 Oct. 1958
at Margao Miss Ratan S. Desai
Miss Indira Hhise
Shri Nilkant Karapurkar
Shri Gopal Naik
Shri Vasanta Maliye
25th Oct. 1946 Shri Kant Desai
at Quepem Shri Gopal Virginkar
Shri Shivaji Kakodker
28th & 29th Shri Narsinha Divker Ail were amsted whilr leading a
Oct. 1946 at Shri Keshav Kaneker )
Mapuca ShriRadhakrishna ( procession.
iimonker
Shri Pranek Andrade ]:or rnaking a subversive speech.
29th Oct. rgqb Shri Narayan Shete Fvr nffcring satyagraha.
at Panjim
At Ponda Shri Vasanta Kare For offering satyagraha.
Shri Ananta Tari
At Old Goa Çhri Vishvanath Larande For offering satyagraha.
At Agacaim Shri Gajanan Pai For offering satyagraha.
Laximan Fondekar For offering satyagraha.
For shoutirig slogans.
Shri Vithal Varie
7th Nov. 1946 Shri Evagrio George For organising procession.
at Quepem ,
18th Nov. 1946 Shri Dattatraya V, Vaidya For offering satyagraha.
at Balli ANNEXES TO REJOINDER (F NO. 115) 727
Alleged reason for arrest.
Date of Arrest Name: Action taken.
28th Nov. 1946 Shri Vasanta Desai
at Mapuca and Shri Chandrakant Thali
Aldona Shri Digamber Pugiri For offering satyagraha.
Shri R. P. Shete
Shri Shambhu Korgankar
Shri Ramkrishna Karpe
8th Dec. 194G Shri Ananda Kaik For offering satyagraha.
at Ponda Shri Laximidas Borker
15th Dec. 1946 Shri George Vaz \Vas arrested for entering into Goa,
with subversive intentions.
18th Dec. rgqG Shri Manohar Desai For offering sntyagrahn.
at Canacona Shri Yeshwant Kagde
28th Dec. 1946 Shri Shantaram Pauskar
( For offering satyagraha.
atPangim
At Quepem Shri Janardan Sliirvaikar [ For offering satyagraha.
At Bichotim Shri Sarayan Kerker
Sliri Krishna Saik For offering satyagraha.
Shri Rajaram Hede
At Ponda Shri
Shri Rohidas Tari Prabhu ( fir offering ratyagraha.
At Margao Shri Nakul Prabhu ] For offering satyagraha.
8th Jan. 1947 Shri Chanlekant Vcrnekar For offering satyagraha.
at Wargao
26th Jan. 1947 Shri Aanata Thali Were arrested for clistributing
at Shivolim Miss Carolina leaftets.
Shri Pandurang S. Karnat Were arrested in connection with
Shri Vasant Velingker
Shri Shirdhar Khanwte the satyagraha of r8th June 1947.
Shri Shekh Abdulta
6th Junc 1947 Mrs. Prarnila Jambavlikar For organising procession in Mar-
gao.
15th August Shri Evagrio George i Were arrested so that tliey should
1947at Ponda Shri Rajaram Priolker not organise any demonstration
Shri Gopinath Lolliker ( on this day.
August 1947 Dr. Vinayak hiayenkar Were arrested as the organisers of
Dr. Pandurang Shirodkar Sational Congress (Goa). Sent to
Dr. Gilerme Ticlo Aguada Fort. Tried by Military
Dr. Wicklanta Karapurkar Court and sentenced to 15 years
deportation to Africa. ANNEXES TO REJOINDER (F NO. 115)
Jt.How. Hon. Secretaries: Sjt. Vasant P. Borkar; Sjt. Vaikunth V.
Nevrekar.
President : SjtS. B. D'Silva, M.A.1,L.B.
Jt. Hon. Treasurers: Sjt.Kashinath S.Lad; Sjt. R. C. Desouza.
Ofjîceaddress :
Telephone No. 41491
J. K. Building No. 4/20
Gamdevi, Bombay 7. Date
(From15th November 1946 t:)15th Febvuavy 1947) ,
The civil liberties movement launched inGoa on 18th June 1946, has
re-leased revitalising energies and has inspired the suffering masses of
this tinyland of glorious past tofight tyranny of Fascist Regime and to
brave the onslaughts of the worst kind of barbaric rule. Up till now
nearly six hundred arrests have taken place and inspite of the worst
treatment and punishments given to Satyagrahis both inside the prison
and outside, the Satyagraha is going on. The message of the struggle
has reached al1 castes and creeds. A wave of a new and resurgent life
has sprung up and spread throughout Goa awakening its people to take
its rightful place ina.free and united India. Many young Satyagrahis
have left their schools and colleges and a good rnany others have given
iip their jobs and occupations. Hundreds have undergone short-term
imprisonments with every kind of insulting and inhuman treatment in-
volved, and six local Ieaders are condemned to long-terms of eight and
nine years impirsonment, five of whom Sjt. Cunha, Kakodkar, Lihembre,
Hegde and Loyola, are deported to a distant and unknown island called
Peniche near Portugal. The most creditable feature of this movement iç
that we have been able to carry it on non-violent lines inspite of gravest
provocation on the part of Portuguese Governrnent and Goa's political
tradition of armed peasant revolts.
The movement has now entered its secoiid phase and mass satyagraha
is taking the place of individual one. Peasant morchas and mass-demon-
strations have taken place in some villages and in crder to widen and
strengthen this activity trained Goan workers are sent to different
villages. Our National Congress opened recently two training camps of
workers at border places viz: Satards and Khanapur which were graced
by the presence of eminent leaders like Dr.Lohia, Nana Patil, Kamala-
devi, and Dhal Gore. More than one hundred workers received training
under the guidance of these leaders and they are silently doing work
of organising the villagers in the areas allotted to them. More such
camps are in view and are expected to be opened in the near future.
As the movement went on gaining strength and momentum it was
found esseritial to acquaint Goans outside Goa and the rest of Our Indian
brotheran with the actual state of affairs in Goa and the conduct andprogress of the struggle, to enlist their sympathy and support for the
movement and particularly to counteract al1 false and malicious propa-
ganda carried on by the Yortuguese Government and their agents in
the midst of our countrymen here. The National Congress (Goa), there-
fore, felt the neccssity of opening its branch in Bombay for the above
purpose. Accordingly the Bombay Branch of the National Congress
(Goa) came into existence on 15th Nov. 1946 and has been working iii
Bombay since then. The management of this Branch is vested in an
influential and reyresentative committee of thirty-members. Special
sub-committees have been set up by the Esecutive Committee of the
Branch to carry on different activities of this Branch such as propaganda,
finance, constitution-framing, volunteercorps and the like. Uuring the
last threemonths our press and propaganda Committee have given widest
publicity to al1news relating to the present struggle in Goa in spite of the
Portuguese Government's vigilant care to suppress it.
Ive organized two big public meetings one with the opening of the new
year and the other on the independence day. They were addressed by
Dr. Lohia and Shree Lalji Pendse respectively, and were largely attended
by Goans of both the cornmuniries. The committee now proposes to
arrange meetings of this kind in differentGoan localities in the city as well
as in the suburbs at short intervals as normal conditions have now been
restored in the city. Not only did we carry the message of the çtruggle
through the press and platform but also propagated it through cartoons,
peoms, articles, bulletins, posters and booklets. These were much
appreciated by Goans; encouraged with this good response the Commit-
tee has now decided to start a news-paper of its own in English, Konkani
and Marathi. ANNEXES TO REJOINDER (F NO. 115)
Appendix 7
AUGMENTATI OFNPORTUGUESA ERMEDFORCES FKON 1946 ONWAKDS
(1)
The development of the nationalist movement in Goa saw a steady
and rapid increase in the total strength of armed forces in the Portuguese
Possessions in India, and proclamation of virtual martiallaw:
Under Decree No. 29686, dated 14th June, 1939, the regular forces
in the Portuguese Possessions were:
2 Coiiipariies of light infantry
I Company of heavy infantry
I artillery unit
The Budget for the year 1947 indicated thc details of these forces
as follows:
27 officers (Portuguese European)
80 X.C.0s >> ,,
334 Soldiers (local)
420 Soldiers (African)
Total: 861
But after the Goan Satyagraha of June, 1946, a virtual martial law
was proclaimed and the armed forces were steadily increased.
Indced, according to the new officia1 regulations published in the
"Boletim Oficial" of the Portugueçe Government in India, dated 28th
August 1948, spccial powers werc given to the Infantry Commander-
Carlos Alberto Garcia Alves Rocadas. In case of any necessity the Mili.
tary Commander was given direct powers to superintend the Police and
Customs Personnel of Portuguese India. Whilst the Nilitary Chief was
given special powers over the Police, the latter liad beegiven special
powers to control the life and liberty-of the citizens. The Police could
interfere at their own discrction in asking for explanations or in framing
judicial processes. The proceedings of the l'olice we"to be considcred
as valid and trustworthy" by the courts. The files pertaining to Police
investigations doncat the discretion of the Police were to be considered
as of "a secret nature". While the proceedings of Police wcre in course
the assistancc of advocates of the accused or of those rnaking a cornplaint
was not allowcd. The Police were to be considered as"Judicial Author-
ities" and could order imprisonment without framing charges in accor-
dance with the Penal Code.
Portuguese India fast became a Police State of unparalleled despotism
where the Army could control the Police and thePolice couldcontrol the
judiciary.
Then came thc Decree No. 37542 of 1949 which gave the overall
command of the forces, both regular and expeditionary, to the War
Ninister in Lisbon who exercised his powers through a Military Com-
mander stationed in Goa, and not tlirough the Governor-GeneraI.
On the 3rd April 1953 a new Law (Bo. 2060) was passed, re-organising
the armed forces. Under this Law the regular forces were substantially
increased and covered : ANNEXES TO REJOIKDER (F NO. 115)
I RIilitary Cornmaiid
I Infantry BattaIion
z Artillery Units
I Motorised cavalry squadron
I Company of Engineers
I Military Nursing Ward
I Ordnance Depot.
This was approximatcly a four-fold increase. In addition to these
forces, as previously, units of the expeditionary forces continued to be
stationed in the Poçsessions.
On the 24th Decemher 1953, another Law provided for the requiçi-
tioning, under certain circurnstances, of industrial establishments, sea
and river crafts, lodgings, transport, service doctors, technical men, etc.
As a resiilt, the armed forces were increased as follows, according t@
reliable information received by the Government of India:
Year 'TotaStreiigth
861
1947
1948 (February) 13%
1949 (January) 1923
1949 (May) 3443
I95I (May] 4200
19 54 (Marcli) 4320
1954 (Septemher) 7062
S.S."Quanza" arrived in hlormugao (Goa) on the zznd October 1953
and the following troops were reported to have disemharked: Euro-
pean 110, Negro 1100. In addition 450 tons package was also landed.
This was done since a contingent had already been transferred to Daman
by "Bartholomeu Dias" on thc 16th October 1953.
Certain light naval units were also stationed in the Portuguese waters
and utilised for the movement of trooys, ammunition etc., between the
three possessions of Goa, Daman and Diu. Among the Naval shipç
known to be operating in the Portuguese waters are:
Uartolomeu Dias
Pedro Nunes
Faial
Goncalves Zarco
Goncalo Velho
Alfonso Albuquerque
The Police Comrnand, comprising of the Policc Commissioner and 11is
deputies and assistants was alrnost exclusively European drawn from the
officers of the Armed Forces. The police, intended to maintain law and
order, were in fact used to suppress political movement supported by
the army which was brought into "action" and posted at politically
"strategic" points. The police were equipped with revolvers, rifles and
sten guns. The overall police strength was also increased from time to
tirne. 732 AKKEXES TO REJOIKDEH (F NO. 115)
LETTER FROM THE PHESIDEN T F THE NATIONAC LONGRESS (GOA) TO
UNITEDNATIONS, DATED 5TH OCTOBER 1,949,WITH ITS TWO, ENCLO-
SURES:
(1)Letter from the President of the National Congress (Goa) to
the Prime Minister of Portugal.
(2)Message and Appeal from Dr. Te10 Mascarenhas to the Prime
Ministerof Portugal.
THENATIONAC LOKGRESS (, OA).
J. K.Bldg. No. 4-20,
Gamdevi, Bombay 7.
5th October, 1949.
Ret. No. 171150,
The Member-Nations of the General Assembly
United Nations Organisation,
Lake Success, U.S.A.
Fricnds,
1 am submitting this statement to j70uforyour information in as
much as Portugal is an aspirant to the membership of your Organisation.
Goa, Damun and Diu are the only Portuguese possessions in India,
and Goa constitutes the largest of these with a population estirnated
at over 600,ooo.The people are Indian.
Portugal has ruled over Goa for 439 years. During this long period
of dominion Goa which \vas from the 4th Century A.D. onwards famous
for wealth commerce andindustry as the "Most important place in Asia",
has been reduced to economic desolation. Our towns are in ruins, our
harbour one of the finest i~atural deep-sea harbours in the world is
empty of shipping, oiifieldslie fallow and Ourpeople have been forced
to migrate abroad in search ofslivelihood theÿ cannot fitid at home.
Silice the endof IVorld War 11 and particularly since the advent of
Indcpcndence in India, the people ofGoa havc been demanding that
they shoulrl be ema~icipated from the dominion of Portugal so that
they may be free to rebuild their shattered economy and regain their
self-respect. They haveexpreçsed the desire to join the Indian Union
ïvith which they are closely connected by history, race, culture and
geography..
Ihe aspiration of thc people is being repressecby the Portuguese
authorities with fcrocity. Goan nationalists such as Mr. Tristao Braganca
CunIia, Mr. Kakodkar, Mr. Bhembre, Dr. Hegde, and Dr. Loyola are
languishing in exile at the fortress of Peniche (Portugal) sent there
a Court Martial sentence although Martial Law was never proclaimed.
Dr. Mayenkar, Mis. Shirodkar,E. George and Karapukar are incarcer-
'ated in the Fortress of Aguanda (in Goa) in solitary confinement for
15 years for the offence of being office-bearers of the National Congress
(Goa) .
Thc system of Covernment is urholly Fascist. The so-called Legislative
Council and the 3funicipalities are packed with the nominees of the GOV-
ernment and even the Governor-General is an agent of the Colonial Minister in Lisbon. The administration is iron-clad and impervious to
even the mildest representation of the public. The lawforbids associatioit.
meeting or free speech and the press is so completely gagged that eveii
the name of Mrs. Vijayalaxmi Pandit, IndiaJs Ambassador to the U.S.A.,
is not allowed to be mentioned in any news item. To say "Jai-Hind" is
a criminal offence.
The National Congress (Goa) of which I h-e the honour to be the
President is an organization of the people of Goa. Ttis functioning in Goa
itself labouring to organize the peopleby means entirely peaceful and
free from any violence, to voice effectively the aspirations of the People
for emancipation. On account of the repressive policy of the authorities
it has to function in secret and its President and part of its Working
Cornmittee have to act from outside the frontiers of Goa. Our aim is
that Portugal should withdraiv from our country, and that people, of
Goa decide the future stattis of Goa within the frame-work of the Inclian
Union.
Pursuant to these ideals on the 15th of August 1949,1 addressed a
letter tothe President of Portugal and to Premier Salazar containing a
formal demand on behalf of the people of Goa that Portugal do withdraw
from our country and leave us free to shape our own destiny. A copy
of itis annexed (page 3-appendix 1).
Eollowing upon my letter Dr. Te10 Mascarenhas, the Hon. Treasurer
of the Congress, who was formerly a pupil of Premier Salazar at the
University of Coimbra and knows hirn personally also addressed a
wholly respectful persona1 letter to him supporting the views expressecl
in my letterA copy is annexed (page q-appendix II).
The reaction of Portugal has been extraordinary. On the 11th of
September 1949, on orders from Lisbon, the Administrator of Civil
Affairs in Goa summoned the Regedors (Village Officers) of Goa in the
folIowjng termç:-
Presence of Kegedors required in the office of Administration-
12 O'clock Monday, the 12th September.
Ad. CONCELH DOE GOA.
Those who attended were shut into a room and presented with two
blank shects of paper and one stamped paper on which the following '
statement was wvrittenoiit :-
lrour Excellency,
We the undersigned understand that an individual who lately
visited Goa, misusing the good name of Goans sent a message to
the President of Portuguese Republic and the President of the
Portuguese Cabinet alleging that he was doing thiç as a represent-
ative of Goans and on their behalf. WC, inclignated with this act
of his impudent and dishonest affirmations.
The Goans never bestowed upon any adventurer, their repre-
sentatian, for they have amongst them decent people with good
character and culture to perform this role.
He is none but an adventurer, who thrived from Metropolis,
during a flying visit across Goa, to step from door to door to
snatch from the generous and uncautioned people, to wliom he
promised the Iegal aid in their appeals in Portugal. And thereafter
48 pocketing this and other money, thoroughly bankrupt; ran away to
Bombay to serve those who afford to pay him. Those who urere
interested paid him to speak on behalf of Goans. But Goans keep
th'emselves faraway from the slur casteci by the pretended repre-
sentative like Telo who is sending the messages which are uncalled
for.
With the object of repelling this affront to Goans we the under-
signed respectfully beg of you to allow as to meet at a public
meeting to reply him duly and express what we think and feel in
this matter.
The invitees were ordered to sign the above paper as well as tmo
sheets of blank papers under pain of imprisonment.
The meeting referred to in the above u7ascalled for the zznd Septem-
ber 1949but itbas a complete failure as the people refiised to CO-operate.
The meeting had been called expressly to attaclr the persoii and repu-.
tation of Dr. Telo Alascarenhas, the Honorary Treasurer of the National
Coiigress (Goa). Needless to Say that the allegationç are as false as they
are malicious. Never has an individual been personalIy attacked by a
sovereign nation.
1 place these facts before you so that you rnayjudge how much
reliance rnay be placed upon the claim which Portugal is sure to base.
iipon the proceedings of such a meeting, The originais of the documents
quoted above are in our possession. The nations of the world may note
from these the fascist tactics employed by Portugal to prejudice world.
opinion and to repress the just aspirations of the People of Goa.
Yours fraternally,
S. B. DISILVA,
President,
National Congrcss (Goa).
Letter addressed to: Dr. Antonio de Oliveira Salazar, President of the
Council of Mi~iistersof the Portuguese Government, Lisbon (Portugal)-
By Mr. S. B. D'Silva, M.A.,L.L.B., Presidcnt, of the National Congress
(Goa).
Excellency,
On behalf of the people of Goa demantl that you do withdraw
from our land.
lTour nation has ruled over us for four hundred and thirty-eight years.
Your nation came into Our country to liberate us from the power of'
another invader. You have remained as a conquerer. It is a truism to-
day to Say that no nation can justly exercise dominion over the people
of another. We wish to be delivered from your power as you dclivered
us from that of another. You cannot remain against our wishes.
It isan axiom of political science that the only justification of any
Government is the consent of the governed. Your administration in Goa
is without hte consent of the people; for, your councils, your municipal ASKEXES TO REJOINDER (F NO. 115)
735
bodies, your so-called legislature do not represerit the peopleasnmuch
asthey are not fully elective. Not only that,butit is unresponsive to the
opinion of the public becaiise your law has blocked the channels of
expression by the rigorous censorship of the Press and by the total
rlenial of Civil liberties, as these are understood in al1 civilized lands.
In vain you tell us that your nation haç brought us civilization and
Christianity. Goa was civilized, prospcrous and famous as a centre of
the commerce and trade of the East long before your country was even
a namc in the pages of history. Christianitywould have come to us even
ifyou had not come, as it came to other parts of India without your
help; indeed the fact that it is associated iii the mind of the people of
this country with a foreign culture and ~iolitical power such as yours,
is to-day the greatest obstacle to its continued existence not to Say
progress. In any event the conferment of benefits ho~vsoever great is
no justification of the continuance of alien rule when the consent of the
govei-ned is withdrawn, much lcss ïvhen such consent was never given.
Today there is no possibility of such consent being conceded to your
Government even it at anp time you had it. You have alienated our
people. Our leaders, Tristao Braganca Cunha, Purshotam Kakodkar,
Dr. Ram Hugde, Laxmikant Bembre, Jose Inacio Loyola, are without
the justification of a fair trial, imprisoncd in pour Fortress at Peniche
and in exile from their homelancl for claiming the elementary right to
civil liberty. Dr. Mayenkar, P. Shirodkar,N. Karapukar, G. Ticklo and
E. George, are undcrgoing the savage sentence of 15 years imprisonment
at Aguade Fortress for the offenceof being office-bearers of the Xational
Congress. In- common with al1 the subject nations of Asia, in common
with Our own fellow countrymen in India We claim that freedoin and
clemocracy is our birthright and IV~ realise that your people and youf
Government are incapable of even the conception of democracy when
you suppress so savagely even non-violent agitation for elemeiitary
democratic rights.
If your Government is impervioiis to the realities of the times, you
at leastare reputed to be a clear-sighted statesman. You surely .recog-
iiize the trend of events in India to-day and cannot fail torealise that the
continued occupation of a portion of lnciian territory by your nation
is an anomaly in the context of the sovereign independence of the Indian
people. Inevitably the Government, of the Indian Union will, iri their
own interests, desire you to withciraw frorn the soi1of Inda. What will
your answer be? Will you subscribe tothe boast of your Colonial Minister
that "Rivers of blood shnll flow" before you are made to go? Or do you
hope successfiilly to appeal to the United Nations Orgaiiization (of
which your nation is not even amember) or to the signatories of the At-
lantic Pact to help your nation to perpetuate yorir unjust dominion over
Goa without and against the consent of its people? For, the Goan people
are Indians, first, last and al1the time; and !vil1echo the demand of the
Government of the Indian peopie that you should quit the sacred soi1
of our comrnon Motherland.
Whether or not the Governmcnt of the Indian Union parallel Our
demand the Goan People do not want you. During four centuries of your
occupation of our homeland your dominion over us has blighted our
manhood and, by suppressing freedom of thoiight, association and ex-
pression, reduceci us to moral and spiritual banliruptcy. Your neglect of
the natural resources of ozir country and the general inaptitude of our ANNEXES TO REJOISDER (F ?;O.115)
'r36
administration has sapped the vitals of Our economic life and alIowed
Our ancient prosperity to dwindle and decay until our towns are inruins,
Our villages are deserted, our fields lie fallow and thousands of our people
have been constrained to emigrate to other lands in search of a livelihoad
they cannot find at home. We want to be free now, to rebuild our shatter-
ed economy, to regain our self-respect, to reshape the destiny of Our
homeland nearer to our own hearts' desire.
Let there be no mistake. The National Congress (Goa) is an organiza-
tion of the people by the people for the people of Goa, functioningwithin
Goa itself: we have branches outside so that the voice of the people
which is silenced hy your repression in Goa may nevertheless be heard.
The office-bearers of the Organization are your natioiials, constitution-
ally and politically though uriwillingly. Ive in the name of the Goan
People solemnly demand that Portugal do forthwith quit Goa, and wc
assure you that we shall net7er reçt until we liberate Our horneland from
foreign domination.
Yours faithfully,
S. B. DESILVA,
President ,
15th Aug. 1949. National Congress (Goa).
Dr. Te10 de Mascarenhas, Hon, Treasurer of the National Congress
(Goa), has sent to the Prime Minister of the Portuguese Government
the following Message and Appeal.
Excellency :
Knowing Your Excellency (by virtue of having been your pupil at
the University of Coimbra and having lived in Portugal during the past
25 years) to be a man of great gifts of character and intelligence who
has studied the most abstruse social and politicalproblems, with practical
good sense and broad vision, 1 wish .to convey to your Excellency this
Message and Appeal in the name of the People of Goa, confident that
1 express their thought with accuracy and fidelitp.
Goa is a part of India which has been administered by Portugal for
about four hundred years. But Excellency, this right to dominate, like
al1rights over a foreign people with distinct culture, customs and trndi-
tions and over a Country separated from the central power by thousands
miles, isprecarious. The Portuguese dominion in India is not without
precedent. Several centuries before the Portuguese landed in India,
foreign peoples invaded our Country, dominated it and passed away to
their destined end; but India has survived maintaining unsullied her
ancientinstitutions, her traditions,er beliefs and her ethnic fundamentals
as if shehad passed through a bad dream. In like manner the Portuguese
dominion in India will pass auTaybecause there is no human force
capable of arresting or thwarting the supreme designs of Destiny. Your
Excellency, ivho are profoundly religiouc, rnust have fclt in depths of
your conscience that to dominate ü people against their will is to offend AKNEXES TO REJOlXDER (F NO. 115)
737
the fundamental principle of human dignity which is a.reflection of God.
And ttiere are no reasons, historical or politicawhich can justify such
a crime. The silence of the people of Goa does not mean acquiescence to
the Portugiiese rule but resiilts frorn the actions of the Portuguese
authorities in stiflinghe most elementary civil rights such as the free-
dom of thought, association and assembly. Amere "Jai Hind" constitutes
a grave crime punishable with imprisonment. Civil liberties have been
completely abolished in Goa thereby compelling many of her sons to live
in exile, like the undersigned.Rut Goan nationaliçm is a smouldering fire
which will break out one day with al1 its fiiry from beneath the ashes
that conceal it and give it the appearence of a quiet disquiet and resig-
nation, if itcontinues to hc smothered by such in human methods.
The existence of the expeditionary forces in Goa, with al/ their war-
like parapharnalia ?lot only perturbs the spirit of the people, through
the atmosfihere of intimidation and terrorbzitnlsoaggravatestheeconomic
situation ofthe country, besides giving vise to iaevitabland pernicious
conceqztencesof a Moral and social nature, which should be refiugnant
foyour Catholic conscience.
India together with the entire East is emancipating itself from foreign
domination, of the dying.colonia1 systems, because she has regained the
consciousness of her mission in the World in the service of Wumanity.
One of our greatest iiiteltectuals, Rabindranath Tagore, wanted India
to be free to fulfil thc role which is hers in the Wistory of Hurnai-iity.
Also Goa, like the rest of India, \vants to serve Humanity not exch~ding
Portugal, but as an equal to equal, as a brother to brother.
With the withdrawal of the Portuguese from Goa our culture, Our
beliefs, and our moral and spiritual heritage will not be in danger, one
mightsuppose and as certain malevolent people havewünted to insinuate.
And in this context the Government of India as well as the lndian
National Congress have fully reassured US, the latter in their Jaipur
sessionof December last. Independent Goa will enjoy complete autonomy
in the bosom of Greater India, Free and United, and shall consider
Portugal as an elder brother who has his home far away, overseas, and
is remembered with tenderness and affection. We prefer therefore that
the Portuguese leaveus as good fricnds leaving in us sweet remembrances
rather than as enemies waiting to defend an outrage and iniquity which
they suppose to be their right and which will end up by dividing Home
and hearts.
This is Your Excellency, in short the Message and Appeal which the
people of Goa transmit to You, a Message and Appeal which should be
ctear to the great and enligntened mind of Your Excellency, and 1.feel
assured of a favourable solution of this vital problem of the painful
situation of the people of Goa who want to be freeby havingour political
withdrawn; civil
prisoners set free; by having expeditionary forces
liberties restored and finallyby attaining full INDEPENDENCE-
This Message and Appeal is placed in the hands of
Your Excellency, very respectfully, by :
TELO DE &IASCARENHAS,
Of the Working Cornmittee of the National
25th August, 1949. Congress (Goa).738 ANNEXES TO REJOlh'DER (F KU. 115)
EXTRAC FROLI THE NEWSPAPER HINDUSTA TIMES,NEWDELHI ,4-10-48
"rg Years Jailfor GoaCongressLeaders"
Bombay. Octoher 23,-The Military Court at Panjim (Goa) on Wednes-
day sentenced the President, Secretary and Treasurer of the National
Congress of Goa to 15 years' imyrisonrnent each, accordingto inforrna-
tion available here today.
Dr. Vinayak Xayekar, President and Messrs. T. P. Shivarkar and C.
Ticlo. Secretary and Treasurer respectively together with two others
were arrested two years ago and detained as under-trial prisoners.
In addition, Air. Karapugkar, a member of the Congress was also
sentenced to 15 years' iniprisonment while Nr. Ramkrishna Sarjant, the
owner of a printing press in Goa, has been interned for 18 inontbs.
Mr. Sarjant was alleged to have printed the manifesto of the Goa National
Congress last year.-A.P.I.
EXTRACT FROM THE KEWÇPAPEK "AMRITA BAZARPATRIKA" 7,.7.51
(Calcutta)
Goa SchoolTeacfzerDefiortedTo
"Devils Island"
Bombay July 5. Nr. Divakar Ualkrishna Kadodkar, a school teaci-ier
of Goa, deportcd by the Portuguese authorities in lndia in April this
year, has now been sent by the Lisbon Government to the "Devils
Island" of Cape Verde. Mr. Kakodkar was arrested hy the Goan author-
ities in September,1949, in connection with agitation for merger of Goa
with India.
In a petition to the blinister of Colonies at Lisbon,Mr. Kakodkar
requested that he be detained at Lisbon and given facilities for defence.
The petition said hlr. Kokodkar was imprisoned without any fra~ncd
charge for about one year and eight months in solitary confinement.-
(P.T.I.)
Arrestsi.1Goa
Bombay, Wednesday. Dr. Clementino Jorge and Dr. Victor Luis of
Carmona, a village in Goa, were arrested by the Goa Government on a
charge of reading an anti-Salazarist newspaper published in Bombay,
according to reports reaching here from Goa.
Dr. Jorge, itisreported, has been imprisoned in the Aguada Fort,
while Dr. Luis has been released on parole for health reasons.
Earlier, Dr. Carvalho of Cuncolim \iraarrested and detained on the
same charge. ASNEXES TO REJOINDER (F NO. 115)
739.
G0:iris.4RRESTKD BETWEE?; 1949 AND 1953
Names o/ some Goans a~resfed between 1949and 1953 compiledfront
nemspapersreports
Mr. Evagrio George
Shri Devu Corizavi
Shri Raghuhir Kamat
Shri Narayan Hari Naik
Shri Mukand Dhakarkar
Shri Dattatrya Deshpandc
Shri Vasant Kunche
Shri Waman Desai
Shri Pandurang Shrirodkar, along with afew other Congress workers
Dr. Jose Maria Furtado, President National Congress
Shri Wishwanath Lavande
Shri Atrna Dhaklu hfeyekar
Shri Raja Rhikro Naik
Shri Jose Rodrigues Mendes
Shri Pandurang Sitaras Ravalkar
Shri Krishna Vishnu Hoble
Shri Navlo Shanker Ras Naik
Shri Yeshwant Waman Naik
Shri Kashinath Padiirang Kavabkar
Shri Vinayak Schidnar Pandit
Shri Vishwanath Laxmanrao Desai
Shri Ramkrishna Parjand
Mr. J. B. Kamat
Mr. G. K. Kurado
Shri Nilkant Kamat ANNEXES TO REJOINDER (F NO. 113)
Appendix8
(Part I)
(1)
LETTER FROM PORTUGUES EE~viurissIN LONDON TO THE EDITOR OF
THE ECOKOMIST U,TED SMAY,1954
"India undthe ForeHgn Settlemetzts"
Sir-Among the many controversial statements contained in the
article which appeared in The Ecotaomist of May 1st from your Bombay
corresponderit, lkere is one which perkiaps more than any other calls for
comment since it lcnds itself to misinterpretation1 refer to the passage
at the end where, in support of the allegation that "the only place where
Indians actually live under a police state is Goa", it iç statcd that "a
Goan surgeon was deportcd to Lisbon for a nationalist remark made ai
a private tea party".
The true positionis thatthe person in question is a Portuguese citizen
born in Goa and a graduate of the Faculty of Medicine of Lisbon Univer-
sity,who, at a gathering of numerous people which included judges and
other authoritiespublicly protested at the staternent that Goa is Portu-
guese tcrritory. He was held to have infringed the provisions of paragraph
Iof Article 171 of the Penal Code which lays clown penalties for crimes
against the external security of the State and was, intrict accordance
with the law, arrested and conveycd to Lishon whcre his case is under-
going due legal process and where he is to be tried before tlie competent
ordjnary Court.
Thus the case in question simply concerns tlic criminal~responsibility
of a Portuguese citizcn in respect of an indictment for an act committed
in Portuguese territory.-Yours faithfully,
(ALBANO NOGUEIRA.)
(2)
ARREST SN JUKE 1954 l
June fg, 1954. Nanda Gaitonde arrested at Canacona. Nothing in
. criminating found with him. He is brother of Doctor Gaitonde ... Over
Ij perçons in several parts of Goa were arrested in conncction with
hoisting ofIndian flags and posting posters on 18th June, Eighth Anni-
versary of Freedom Struggle. Several others also arrested and releascd
after interrogation. Wouse searches reported by Mapuca Police.
June 23, 1954. Many houses were searched and further arrests were
reported, namely :-
Bhandari of Mapuca
Verlekar of hlayuca
Ramakant Camotim
Sharnrao Maikakar
Viegas of hlargao
Jorgc Cardoso Margao
'Compiled from various newspaper reporand letters received frrelatives
of the detenues. ANNEXES TO REJOINDER (5 NO. 115) 74I
Telaulikar of Colem
Gimurath Kalekar
Karmali of Sanumodem
Kui Saldanha of Cassauaes
Hegde Deçai of Quepem
Gomes of Najorda.
June 27, 1954. Uoctor J. F. Martin, Medical Practitioner of Rardez
arrcsted. Housc of Doctor Martin was searched. June 29, 1954, Over
6 persons werc taken into custody from Bardez between 28th and 29th
June. Among latest persons arrested were:
Gajanan Bhartu and Purshottam Kavelekar, both merchants of
Mapuca.
June 30, 1954. Gopal Gamotin, prominent advocate of Goa was
arrested in early hours of june 30th. He was leading mernber of local
actioii committee. With his arrest practically al1 leading members of
local action committee and important workers were detailed.
Over 35 persons were arrested since poIice fury was let loose on 18th
June, 1954.
30th June and 1st Jiily, 1954.
Pandurang 3Iulgaonnaidu, prominent advocate of Mapuca was arreçted.
His house was searched but nothing incrirninating was fouiid.
Ganoba Dubhashi Mapuca, medical practitioner, and Shantaram Dhond
from Salvador Do Mundo were arrested. House searched before arrests
but nothing incriminating found.
Shankar Desai Government School teacher was arrested on 29th June
at Sanguem.
July 5th, 1954. Goan Police forcibl~ broke open Nanda Sirsat's shop
at Parra 2nd July. Unable to trace Nanda, police took his brother Shrin
Sirsat into custody who was tortured for eliciting information as to
Nanda's whereabouts.
July gth, 1954. Reign of terror instituted çince 18th June continued
unabated. Raids on houses were being reported from parts of Goa.
Landlords, businessmen, students, yriests suspected of least sympathy
with freedom movement were being subjected to every form of police
inquisition. In addition to over40 arrestç which had taken place, dozens
of persons were called for interrogationby police authorities.
Strong feelings were aroused by this situation among Goanç of ail
classes and they felt that time had corne to act en masse against Portil-
guese domination, against savagery of Portuguese law.
July 16, 1954.Four more prominent Goans were arrested.
Dr. Jose Furtado, brother of Dr. Antonio .Furtado, an exile in India.
Advocate Balsio Usouza.
Dr. Menio Fernandez, dentist.
Mahadev Poltye, private teacher from Panjim.
Advocate A. li. Rodri-ues of Carmona was called b- -olice and let off
after warning.
July 21, 1954. Father A. Pinto, Vicar of Navelim, was arrested by
Police. Widespread arrests and masç detentions were reported.
July 22, 1954 .urther arrests:
Rameshi Hadarkar, Goan from Poona.
Jeremias Carvalho, Advocate of Margao.
C. D. Costa, busincssman of Margao.742 ASSEXES TO REJOINDER (F NO. 115)
DR. GAITONDE-Tria0 l9en.in Lisbon
1-isbon, July6.
Ilr. Pundalik Gaitoride refused to participate in his own defence to-day
when he appeared in court charged with crimes against Portugal's
external security.
Dr. Gaitonde, a qo-year-old surgeon, was deyorted frorn Goa Iast
February. An exchange of notes between Portugal and India followed in
which India's "strong protest" against his expulsion was rejected.
The Public Prosecutor demanded that Dr. Gaitonde shouid receive
six months' imprisonment.
The charge against the doctor alleges that at a banquet inhonour of
a Judge in Goa on February 14, 1954,he shouted, "1 protest," when a
speaker asserted, "Goa is also Portugal". He was deported two days
Iater.
Dr. Gaitonde told the three judges of the Lisbon plenary court that
he had dispensed with witnesses for the defence and had decided to
f- -ow Mahatma Gandhi's doctrine of refusing to participate in his oivn
defence.
But he irested his defence in his lawy- . Dr. Manuel Palma Carlos,
who entered a plea of not guilty.
Two members of the Portuguese international police who gave evidence
stating that Dr. Gaitonde had confessed to the facts of which he is
accused. Statements made by several guests at the banquet were read
in court.
It.was stated in court that the trial was being held in Lisbon to avoid
the environment of excitement which wouId exist had it been held in
Goa.
The Public Prosecutor said the alleged protest at the banquet was
"a mixture of treason and low dig-nity as it came from a Portupese
citizen." He demanded six months' imprisonment for Dr. Gaitonde
followed by a period of parole as a security measure.
The defence said, Dr. Gaitonde did not admit in his statements to
the police that he was against Portugal's sovereignty in Goa but was
against Portuguese domination in Goa, under the constitution he had
the free rightto express an opinion at the banquet.
The trial was adjourned until Thiirsday.
-Reuter. AXNEXES TO HEJOIXDER (F KO. 115)
Ill-Tveatment of Pvisoners in Goa Allaged
Bombay, July 9.-The Portugueseauthorities in Goa are re-equipping
the Central Jail in Aguada Fortto accommodate 400 prisoners, according
to news receivecl here yesterday by the Goan Nationalist circles.
Mr. Mario Rodrigues, a Goan underground leader, who is now in
Bombay, said almost every day arrests of pro-rnerger Goans were taking
place and the Portuguese police were raiding and searching houses of
those known to be supporting the merger movement.
He said prisoners mere being made to sleep on bare cement floors aiid
locked up in small cells. Several prisoners had been beaten up. The
food given to prisoners, he said, was almost inedible.
News receiveti here by the Goa National Congress also spoke of n
secret meeting held by the Governor-General of Goa last week with
military and police officiaiwhich decided to take "stronger measures"
against the rnerger movement and to prcvcnt the entry of volunteers
from Indian territory.-P.T.I.
EXTRACT FROST THE NEWSPAPER "THE STATESMAN",
THE I2TH JULY Igj4
Intimidalion of Goa~srefiorted
Police employing new metliods.
Bombay, July II.A new method employed by the Portuguese police
to intimidate the Goan nationalists is the recruitment of unemployed
persons and paid informants, whose duty include strolling in streets day
and night, entering cafés, travelling in buses, posing as sympathiserof
the freedom movement according to reports received in Bombay.
It is reported that any conversation about the movement heard in
buses is promptly communicated by these informants to the police who
then called on the person concerned for interrogation. The Portuguese
are attempting even to hire students for the purpose. Groups of such
persons employed by the police are consta~itly seeing in streets of
Panjim, hurling insult at people known to be sympathiser of the
movement .
Over 40 Goan nationalists lîave been arreçted since Junc 18.
The Portuguese autfiorities are subjectinga large number of Goans,
including landlords, businessmen and students who are suspected of
having the least sympathy with the freedom movement to every form
of police i~iquisition.
Nearly IOOperçons are repwrted to have bceii called for interrogation
by the Police authorities. Many of these arrested persons have been
severely beaten by the police in jails to extort confessions. In maiiy
cases, the period of detention has exceeded 15 days.-the ,period AN'YEXES TO REJOINDER (F NO. 115)
74
permittecl by law-but still no arrested person has yet becn produced
before the judicial authorities.
It is stated to be the intention of the Portuguese authoritito try
the arrested persons under Sections ofthe Peiial Coderelating to organized
rebellion against the established authority. U.P.I.
(10)
EXTRAC TKOM THE NE\\-SPAPEK "THE TIMES OF INDIA",
ISTH JULY 1954
Eight Goarzleaders to bede$ovted
Marmagoa, July 17: Eiglit leaders of the Goa liberation rnovenient
who are under detention, will be deported from Goa to Timor, a Portu-
guese colony in the East, it is understood.
A police officer attached ttheiliargao Police Station, wherc mosof
the political prisoners are detained, hstated that the leaders behind
the inovernerrt will taken to Timor by the end ofJuly.
A conference of the Governor-General the police chiand the Director
of Administrative Services was held recently to discuss the depurtation
of these leasers, it is uriderstood.
Likely Deportees
It islearnt that the following persons are among the prospective
deportees: Mr. Nulgaokar, advocate, Mr. Kamat, advocate, Mr. Dhond,
Dr. J. Martin and Dr. Dubhashi.
The total number of persons under arrest at present in connection
with the rnovement is understood to be190.
They are not likely to be tried befoaecourt of law before Augusi15,
as the authorities expect500 satyagrahis from India to enter Goa on
that date.
Political prisoners, it is further understood, have been asked by the jail
authorities to make arrangements for food from their homes or from
outside sources. Till now the Goa Government was supplying them with
food.
EXTRAC TROM THE NEWSPAPER "BOMBAY CHRONICLE2 ",rdJULY, 1954
Vicur arrestedin Goa
Bombay, Thursday. Reports of repression continuetocorne in from
Goa. The other day Father A. Pinto Vicar of Navelim, was arrested
by the Police. He was later released on the intervention of the Yatriarch.
Last week the Village Patel of Salvadono Mundo, &IrDatta Narain
Chatin, was.dismissed from service for alleged neglect of duty.
The dismissal followed the failure of the Village Patel to report
meetings held hy certain Nationalists, who are now under arrest. (Part 2) ,
EXTRACT FRON THE NEJVSPAPER "THE TIMES OF INDI:\''(NEWDELHI),
JULY 24, 1954
Volunteerstake Dadra Police by Satr$rise
Itwas Lathi Agaiwsl Gujz
Dadra, July 23-The Dramatic story of the liberation of Dadra by
the volunteers of the United Front of Goans, who surprised the Portu-
guese Chief of Police just as he was making a midnight appeal to 150
villagers to guard the frontiers against "forcign intruders", was givert
to "P.T.I." today by voluntcers who took part in the operation.
An abortive attempt on Tuesday night to cross into the village had.
alerted the Portuguese PoIice and the party of about 50 volunteers
assembled with the utmost secrecy under a Banyan tree near the Portu-
guese frontier.
Indian armed police patrolling the frontier had no instructions to
interfere with the movement of persoiis between the Portuguese enclave
and Tndian territory. But Indian Officiais subjected the volunteers to a
thorough search to ensure that none of tliem carried weapons other than
lathis.
After a short briefing by the President of the Front Mr. Francis
Alascarenhas, the volunteers marclied across the frontier.
As they approached Dadra, tl-iey could see signs of activity even
though it was midniglit, and the volunteers literally crawled oves the last
ZOO yards.
Wlien they neared the police station an armoury, they saw the Portu-
guese Cliief of police, A. P. Kazario, exhorting a gathering of about
150villagers.to be vigilant and guard themselves açainst an attack from
"foreigners across the frontier". He also referred to an attempt l-iaving
becn made the previous night which the police had foiled.
The 50 volunteers quitely surrounded the police party and, suddenly
closing in on them, called on the Chief of Police to surrender.
Mr. Rozario pretended to agree, but he suddenlp dived into the
station room and came out with a stengun. The people fled as he started
firing indiscriminately.
DeatA of a Police il il ai^
The volunteers, wI~o had been swept away with the panic striken
villagers, soon regrouped behind a Mound of earth, and began to close
in cautiously on the Police Station. Uy this time two or three other
Policemen Iiad armed themselves with rifles.
One volunteer, who had rnanaged to creep quite close to Mr. lZozario
without being observed, suddenly sprang on hm and hit him with Iiis
' lathi. Kozario Iost his balance, dropped his stengun and fell heavily.
The crowd, seeing hirn fall, rushed on him in fury and, before the
volunteers could prevent it, one of the enraged villagers whipped out
a knife and stabhed the Chief of Police. Rozario died on the spot. ANNEXES TO REJOINDEK (F NO. 115)
748
The Deputy Chief of Police tl-ien opened fire on the crowd with a
rifleA United Front volunteer ivaç tiit on the right hand but he grappled
with the police official. Before the Officer could fire again, riflewas
snatched away and he was overpowered.
There were a few more skirmishes with some of the Policemen, but
finding the villagers helpingthe volunteers, the policemen surrendered.
The volunteers then went in and took possession of the arnioury. The
police patil, Francis Deleira, fled to the neighbouring village, but later
in the morning he returned and surrendered himself.
An al1 night search was made by the volunteers in the village and al1
the policemen, numbering twenty nine, were rounded up. 7 civilians were
ûlso rounded up by the volunteerç, but they were released after interro-
gation.
PaérioticPriesi
Tlze volunteers then proceeded to the Dadra Monastery. The Reverend
Br. George welcomed the volunteers. The prieçt said that because he was
found to be friendly with inany Tndians and Goans across tlie frontier,
he had corne under the suspicion of.the Portuguese authorities. In fact,
the previous day he had been served with a notice to prepare fordetention.
As dawn was breaking, the whole village of about 500 villagers rallied
to the support of the liberation force and gathered near the police station.
One of the Portuguese Police Officers avho vas seriously injured last
night has been handed over to the Indian authorities for proper medical
attention. The Indian authorities agreed to accept the charge on huma-
nitarian ground, but refused to take any responsibility in the matter.
P.T.I.
(2)
EXTRAC TKOM THE NEWSPAPER "HINDU", JULY 30, 1954
Freellom Movew~av i9tPortzt.gzdeeockets
More Villages Liberated
Vapi, July 29.-The village of Naroli, inside the Portuguese enclave
of Nagar-Aveli, was occupied this morning by volunteers of Azad Goa
Movement.
The volunteers marched into the village of 2,000 inhabitants at
2 A... and sooii many of the rillagers rallied round the volunteers.
Ilie tu7elvePortuguese policemen stationed in the village put up.some
resistance, but aftcra small tussle, seeing the crowd of local inhabitants
rallying to the support of volunteers, surrendered to the volunteers
force witl-itheir weapons.
Naroli is8 miles south east of Vapi, in the enclave of Nagar Aveli,
which is bounded by tlie Thana and Surat Districts of Bombay State.
When the 50 volunteers approached the village, the Portuguese police-
men fired two rounds at them.
The voliinteers appealed to tlie policemen to surrender peacefully and
avoid bloodshed as any violence on their side rnight provoke the local
inhabitants to retaliatory action. .4XKEXES TO REJOINDER (F NO. 115)
749.
ISy mid-day, today, the Azad Goa Volunteers had set iip a village
Panchayat to administer the village and were preparing to march to
Selvassa.
The second chunk of Portuguese territory in India was libcrated
when six more villages were freed from the Portuguese by the local
people (says a UPI report). The liberated villages are Naroli, Dapaca,
Kanari, Atal, Cararpara and Lunia. Twelve men who offered resiçtance
have been taken into custody by the liberation forces.
The 3rd anniversary of the Liberation of Dadra from Portuguese
coIonialism was celebrated at Dadra with tremendous ent hiisiasrn.
Shri C.Cruz read the following speech: l
"At 5 am. on July 22,I9j4, an Adivassi came to my house in Silvassa
with a note sent hy a friend who was closely watching the Dadra libera-
tion movement. The note contained few words but said much: "Aniceto
is dead, Dadra has fallen." Who was this Aniceto? He was the Police
Agent of the Portuguese .with secret instructions to stealthily train
recruits, who entered Dadra in disguise to suppress the will of the people.
The people of Dadra in close alliance with Goan elements were preparing
for their liberation. Portugalreinforced Dadra with new contingents and
machine-guns.
"Late at night the Police Poçt opened fire, which, liowever, did not
take long to cease; and early in the morning of July zz the People of
Dadra hoisted the Indian Tricolour and pledged loyalty to the Indian
Nation incidentally on the same date on which 169 years before, when the
Maratha in decline of power wasforced to hand oI7erto the Portuguese the
revenue of the villages of Dadra, Tigra, Rlorcol, Sili, Amli, Saili and
Randa to make up the sum of Rs. 12,000 to pay which the revenue of
the other villaged \vas not eiiough. And now, Dadra, fell with the full
knowledge of the Portuguese. It was no surprise attack or ambush.
For, the Service Information Bulletins of the Goa Police of May 17 and
31 and June 28 of 1954 kept the Police alert about the liberation
movement of Dadra.
"Dadra has been libcrated! Goa, Daman and Diu still remain to be
libcrated. And as though in order to muffie the cry of freedom Salazar's
band-master's baton echoes through the four winds that the people of
Goa are integrated in the heart of Portugal and that Portuguese
sovereignty is unshakable. And for greater show forces innocent tiny tots
to cry along the roads of Goa the slogan "Here it is Portugal".
' "The Administrator,the Sarpanch ofthe Varsitha Pünchayat of Xagar Haveli.
Shri Choubal, the Sarpanch of Dadra Shri JayantUesai, the PublicProsecutor
Shri C. Cruz, the EducatioSub-Inspedor Shri Dhansing, the Dadra school head-
addressedrthesgathering."ai Smt. Himavatibai Sateker and Shri C. Furtado
49 ASSEXES TO REJOISDER (F NO. 115)
7.93
"This "l-iereit is Portugal" is the most repugnant lie. Rere it has never
been Portugal. History tells us so.
"Let us see.In February IjIo Portugal took that part of Goa which
waç underAdi1 Khan of the Kingdom of Bijapur. In August of the same
year Adil Khan repulsed the Portuguese. On 25th November another
fierce battieIn 1511 Adhil Khan besieged Goa and in continuous battles
the Portuguese first lost and then won back Salcete and Bardez. In
1516 -4dil Shah attacks Goa and in 1520 Adil Khan threatens again. In
1534 the Portuguese lose several places. Neiv battles in 154and 1545.
Bardes and Salcete are attacked in1557 .n 1570 Goa waç besieged for
ten months by Hjdal Khan and the Nizam. In 1610 the Dutcl-iwith the
support of the Moliarnedans blockaded Goa. In 1643 Narmagoa is bom-
barded. In 1683 Sambaji invaded Bardez and attacked Racliol. From
1706 for years tliere were attacks by BonsIe. In 1739 Venctesh Kau
attacked Salcete aiid Bardez. In 1742 new conflicts arise. Further
battles in1746. Tri1755 Satari rises in.revo1t which is re-conquereby
the Portuguese in 1782,but up to 1822 Satari revolts14 times. A new
uprjsing in 18~3. Tn 1852 Dipaji Rane razes Sanguein and Quepem to
the ground. The revoit of Custoba lasts from 1869 to 1871. Dada Rane
revolts in 1895. Another revolt of the Ranes in our own days in 1912.
ilnd from 1912 to the present date, how manÿ forms of manifestation
against the Portuguese domination!
"And finally, we see at present the sacrifice on the sacred altar of
Our hlotherland! Compare it with the sacrifices made for the liberation
of India from the British. Confront ttie number of martyrs in proportion
to tlie millions of India and the bare total o6jo.000 individuals sub-
jugated by the Portuguese. Very edifying is tlie confrontation! Very
edifying for the woricl to sce the titanic and heroic effort of a tiny
population trying to free itself from foreign yoke. And ovcr this Salazar
the band master cries: "Here it is Portugal"! History tells us tliat from
1570 tothe present date we liave been trying to repulsethe Portuguese
yoke. And this our struggle will not cease till we are masters in our
own house.
Glory to those wlio fought to liberate Dadra!
Glory to those who shed their bloodto liberate Goa, Daman and Diu!
Glory to the nationalists who are keeping up the struggle of
Liberation!"
(Free Dadv & Nagar Haveli Celebrate Liberation.)
AU~US~ IO, 1957.
Page 4. AFXEXES TO REJOINDEH (F NO. 115)
(4)
KRANT Kevolution)
(Traîzslation from Porbuguese) No. 17
COMRADE OF THE EXPED~TIOKARY BXD POLICEFORCES SAVE US FROM
THE WHITE PEOPLE'S TREACHERY
They want to be safe at the cost of our sacrifice.
Dear Comrades,
Just throw a glance on our names and ranks and you will be convinced
at the authenticity and seriousness of our friendly arlvice. What wc
saw and experienced in Selvasa and Khanvel opened our eyes to the
reality, i.e. the Eiiroyean officers are traitors and cowards. Although
they talk much and show much enthusiasm they will not defend a just
case and Save their lives at Our cost. We are going to give proof of this.
Whcn the volunteers of the Azad Gomantak Da1 were near the Police
Quarters at Sclvasa, the three white chiefs Captain FidaldoLt. Falcao
and Sub Chief Yegado told us that they themselves with the help of
130 soldiers were going to attack the enemy from the rear and we
were to attack them from the front and defend the Police Quarters.
But we were much astoniçhed when ivecame to know t.hat these three
"heroes" responded to the appeal of the Azad Gomantak Da1 volun-
teers, and got in a safe area, leaving us alone. Only, then, we surrend-
ered ourarms as we were ashamed of the ignominious act of the white
chiefs.
Latter on,Ive camc to know tliat they had run away in the direction
of Khanvel.
In Khanvel itself, the same story was repeated and the hunger and
sufferings to which these officers are not accustomed compelled them to
decide to surrender secretly to the Indian Police, with55 soldierç and
leaving behind 49 soldiers ho are signatories of this clocumcnt. They
told us that they were taking important decisions in order to reconquer
Nagar Aveli ancl that we must not abandon our position to the enemy.
Believing their words ureopened fire on the Da1 Volunteers in Khailvel.
fiut Mr. P. Sinariwho was leading the volunteers convinced us that the
white Chiefs had betrayed us once again and had surrendered to the
Indian Police. Tlien we surrendered our arms.
What was the fate of other gj soldiers who had gone to Khanvel?
They were also abandoned to their fate and had to surrender to the
Indian Police.
In spite of our opening fire on the Da1 volunteers, we wcre treated by
them in an exemplary manner, which we did not expect from thern.
Al1 the prisoners were released on August, 15, many were taken in
the Police force. None of us was ill-treated although they had reason to
do so. Ive are gratcful to the Azad Gomantak Da1 and we repent for
having scrved a major part of our life to a foreign country, a Fascist
command and cowardly Chiefs. The Goan papers do not cease to praise
these cowards.
African comrades in arms, in India, we only perform Our duty by
giving fraternal advice. Let our bitter experience and disappointment
and our present opportunity of serving our real country serve you as
an example.752 ANNEXES TO REJOIKDER (F SO. 115)
In Khanvel, we had nothing to eat for many days, because we were
faithful to Our duty but urewere rewarded by treachery.
You should also like us, abandon the defence of just cause and cease
to serve cowardly and treacherous commanders who wiIl betray you
at the last moment.
Even if your commanders are different from those of Nagar Haveli,
your duty as Goans and Africans is to realise thatthe hour of freedom
and redemption haç come near.
Nagar Aveli, September 1954.
Yours comrades in Arms.
(Signeci)by 49 persans.
I . Manuel Pareira-Sub-Chefe.
2. Tiago G. R. Pereira-Cabo de Policia.
3. Jose J. O. de Melo-Guarda.
4. Ludovico F. De Noronha-Sipai.
5. Juliao Julio F. da Silva.
6. Gustavo B. M. Fernandes-Guarda de Policia.
7. Alvaro F. Fernandes-Guarda de Policia.
8, Aleixo F. De Noronha-Sipai.
g. Victor das Dores Lopes-Guarda Florestal.
IO. Francisco C. V. Fernandes-Sipai.
II. Anacleto F. A. Pereira-Guarda.
12. Jose F. V. de Souza-Guarda.
13. Benjamin M. B. Noruega-Cabo de Policia.
14. Loyola F. X. C. de Noronha-Guarda.
15. Francisco X. de R. Guedes-Guarda.
16. Apolinario C.de Souza-Sipai.
17. Francisco X. S. de Noronha-Sipai.
18. Manuel J.dc Rosario-Sipai.
rg. Xec Mahmad-Recruta.
20. Francisco X. T. Fernandes-Cabo de Policia.
21. Tiburcio A. da Piedade Machado-Guarda.
22. Antonio F. Santana Pereira-Recruta.
23.Pedro O. F. de Souza-Recruta.
24. SaIvo J. da C.Gucdes-Guarda.
25. Aquino V. de Souza-Guarda.
26. Timoteo B. do Rosario-Guarda.
27. Henrique J. de O Colimao- Guarda.
28. Bertoso F. Dias-Sipai.
29. Teodosio K. F. de Mendonca-Guarda.
30. Antonio T. Pereira-Guarda.
31. Jaime F. Jesus-Recruta.
32. Prema Sucar-Sipai.
33. Caetano F. Xavier-Recruta.
34. Tertuliano J. dos Kemedios-Guarda.
35. Jose R. C. Braganca-Guarda.
36. Rernigio J. F.Fernandes-Guarda.
37. Mario Nunes-Encarregado do Deposito.
38. Jose H. B. Lobato de Faria-Patel da G.R.39. Jose L. A. Joao-Sipai.
40.Antonio J. P. C. do Rosario-Soldado.
41. Guiornario E. Nunes-Cuarda.
42. Jose F. de Souza.
43. Jesus N. P. Pereira-Soldado.
44. Luis N. Damasceno-Guarda.
45. Jose hlaria J. Dos Rosario-Chauffeur do Jeep.
46. Francisco X. de Menezes-Patel de Caiioel.
47. Mario T. B. Rosario-Guarda.
48. Candido J. P. do Rosario-Guarda.
49. Joao F. V. de Souza-Patel de Silvassa. AKPIEXES TO REJOIKDER (F NO. 115)
EXTRACT FSOM THE NEWSPAPER "AMRITA B~ZARPATRIKA ,ULY 27,
1954
JVar-likePreparations in Daman by Portuguese Govt.
4 Sloops Arrive, Machine-Gun Posts Set Up: Exodus From Town
Dadra, July 26.
Reports of war-like preparations in Daman on apprehension of the
march of liberation forces intothe territory continuebercceived liere.
Trenches are being dug by the Portuguese and Nego troops al1 along
the j-mile road from the first Portuguese check-point othe border upto
Daman port.
Powerful searchlights have also been installed along the Damanater-
front. Troops armed with machine-guns have been stationed at the out-
posts, it is stated.
Four sloops, 2from Macao and 2 from Goa. have reached Daman port,
according to the Daman police.
A Portuguese police officer tol2 Bombay correspondents at Daman
yesterday they were strong enough to face anyattack against Portuguese
settlements in India.
The Portuguese officia1was interrogating th2 correspondents who had
managed to enter Daman.
Machine-gun @sis set up
The correspondents said they saw 3 machine-gun posts set up in
paddy fields manned by Negro and White soldiers. A number of fox
holes had been constructed and camouflaged. Three powerful search-
lights had been installed along Daman border.
According to these correspondents a great deal of "panic" was evident
in Daman town. Many of the shops remained closed their owners having
fled to Indian Union.
They said the only bus in Daman and a solitary taxi liad been taken
over by the Portuguese authorities.
Except for foodgrains which were available in Daman yrices O! al1
other consumer goods had skyrocketed. A pound of tea was being sold
at betwecn Es, 8 and ro,a pound of potato at Rs.2 and I pound of oil at
Rs. 3. Even vegetables had become dear the correspondents said.
Allegia~zcto Indza
Dadra, whicl-iwaç liberated from the Portuguese rule on July23, has
declared its allegiance to the Government of India.
The new elected Gram Panchayat of the village yesterday requested
the Prime Minister of India. hlr. Nehru, to effect the immediate merger
of the village in Indian Union.
The declaration signed by al1rnernbers of the Panchayat also pledged
its support "to the sacred struggle for emancipation of our homeland."
The Panchayat declaration was handed over to Mr. Francis Mascaren-
has, President of the United Front of Goans, wlio was present at the ANNEXES TO REJOINDER (F NO. 115) 755
meeting. The Panchayat also thanked him for liberating the village and
extended co-operation of the local population in the struggle.
The Panchayat had decided to concentratc on the immediate problem
facing the village namely the food shortage.
The declaration was folloived by a religious ceremony in theRhas-ani
temple in the heart of the village wliere villagers offered worship amidst
shouts of "Azad Dadra Government Zindabatl" and "Bharat Mata
Zinclabad".
Exodus from Daman
hfeanwhile there has been an exodus from Daman into the Indian
Union territory. During the Iast three days about 850 people including
a large number of women and children have crossed over to the Indian
territory witli sucl-i of their belongings as they could take witli them.
According to these people, there was panic inside Daman.
The rush of people crossing over to the Indiari territory yestyrwas
so heavy that the authorities decided to close the border a5in the cve-
ning. Nearly 4jo people had already crossed the border by then.
Portuguese authorities, itwas learnt, had ordered that no Christian
sllould be allowed to get out of tlie enclave.
Two relief centres have bcen openeci-one at Vapi and another ai
Dungra, 5 miles from Vapi-by social workers of Vapi to help those who
cross over to the Indian territory.
Four Bombay correspondents who managed to enter Daman in tlie
guise of businessmen yesterday were subjected to severe interrogation
by the police authorities.Two of them were taken in a police van 1st
night and let off at the border. The two others were put under armed
guard in their hotel and were interrogated by police officials when they
were asked to leave the settlement.While they were on theirway to the
border they wcre stopped and taken back to the Police Commissioner's
officc and detained.At 5-30 in the evening they were taken in a rnilitary
van and abandoned at the border which had by then closed. The corre-
spondent~, however, managed to cross over to the Indian Union territory
by 8 in the night.-(PT1 eSUYI.)
(2)
EXTRACT FROM THE NEWSPAPER "THE TIMES OF INDIA"A , ECUÇT 5, 1954
Suppression of ailLibertiesin Goa
War Hysterza whipPed up,"Martial Law" imposed
"The Times of India" News Service
New Delhi, August 4.
Mr. Vincent H. Coelho, Indian Consul-General at Goa, today charged
the Portuguese administration with whipping up "war hysteria" inthe
colony.
He told a press conference that virtual martial Iaw had clamped down
on seven towns in the Portuguese settlement.
Portuguese troops had been massed and trenches dug along the border.
Armoured cars and jeeps werc patrolling along the pocket. ANNEXES TO REJOINUER (F NO. 115)
757.
"It is difficult to say that thCatholic churcli does not participatc in
politics, for the last Patriarch madesome statement to the effect that
Goa should remain a part of Portugal."
Economic Li~lk
Mr. Coellio said that on the economic plane, Goa was princiyally
linked with India. About 150,ooo Goans were serving iri India. Besides,
Goa was dependent on India for its basic requirements of food and
clothing. About one-third of Goa's economy depended upon the contra-
band traffic, between India and Goa. For instance, in 1952, Goa's im-
ports were valued at Rs. g crores, of which Rs. 3 crores would have
been sufficieiit for Goa. Thus, goods worthKs. 6 crores had found their
way irito India.
The problem of contraband traffic had hecome acute during the past
few years. Gold waç one of the principal items on the smugglers' list.
The value of gold imports into Goa exceededRs. j crores.
(3)
EXTHACT FROM THE NEWSPAPEK ''I~MRIT.~ BAZAR PATRIKA'A ',UCUST 7,
19.54
Feverish military activitby PortugacesüinDamatz
Yanicky Villagers LTIeeing To Indiaii Territory For Safety
Vapi,Aug. 6.
Feverish military activity iii the Portuguese enclave of Daman kas
now led to large-scale migration, and terror-stricke~i people are leaving
their homeland for places of safety in the Indian territory.
kcording to a reliable report received here todap, aboutSo pef cent
of the population of Dabel, a Portuguese village two miles frVayi have
rnigrated to Indian territory.
According to the refugees, Negro troops wliich have been stationed
in the village of Dabel, which has now been turned into a Portuguese
~nilitary base, have let Ioose their nefarious activities. This lias caused
great panic among the villagers who are now fleeing in their hundreds.
The refugees related how they escaping police vigilance at night, walbed
about ten miles across the flooded field andpaddy land before reaching
the Indian territory.
Sitzlatioin Goa
About 20 Negro soldiers from Phonda military fieadquarters in Goa,
who are said to have expressed their unwillingness to shoot Goans sI10uld
occasion arise, are reported to have been arrested according to people
reaching Karwar from Goa, states message from Karwar.
Abou! 200 perçons mainly women and children have crossed Goa's
border into Karwar in the last two days itwas learnt.
started sending their families to lndia.a Government officiaihave
%Ir. S.B. Kulkarni, Collecter of Karwar, and the District Superinten-
dent of Police Mr. E.S. Nimballcar visitecl the Karwar border to contactlocal leaders and contradict panic rumours against India circuIated, it
islcarnt,by spies of the Portuguese Governme~it in Goa.
One such rumour was that the Collector had ordered the public to be
prepared for evacuation from Indian borders within twelve heurs.-
{P.T.T. 8:U.P.I.)
EXTRACT FROX THE NEWÇPAPER "AMRITA BAZAR PATRIKAA ",UGUST 8,
1854
StateofSiege declaredin Goa
Belgaum, Aug. 7.
A "state of siege" has been declared in Goa and al1measures designed
to place Goa on "war footing" are being taken to face "the tlireat of
satyagraha" from across tlie Indian border on August 15.
-4ccording to a Press communique issued by the Portuguese Gorern-
ment the entry of al1 Indian and foreign newspapers and periodicals
would be banned immediately. Al1 post offices tliroughout Goa Iiavc
already been instructed to confiscate al1 incoming Tndian and foreign
newspapers.
The Portuguese authorities have decided to suspend rail trafic alid
seal offthe Karwar-Goa border from August IO to prevent entry of people
from Indian side into Portuguese territory.
The traffic i~i the interior of Goa is already banned at night thus
clamping down virtual curfew.
Conscri#tionMove
It is also strongly rumoured here that Portuguese authorities will
introduce conscription in few days' time making it compulsory of,eyery
home in Goa to contribute a male member forservice eitheinthe military
or in the police forces.
il second line of defence, mostly of scliool boys, is being formed and al1
educational institutions in Goa are being closed down from~hugust!o.
According to reports reaching here the general economic situation in
Goa 1s worsening day by day and the prices of foadgrains are soaring
high.
Order onshops
Al1shops, tea stalls and other institutioin Goa have been ordered to
be closed atseven in the evening by the Goa Government from Thursday
according to people coming out of Goa.
About 150 Goans crosçed into India in buses and taxis on Friday.
The tempo of exodus had risen following India Government's announce-
ment to impose entry perrnits shortly.
For four days from August 14 al1bus services linking Goa and India
including buses carrying mails have been ordered to be suspended
according to officiais of bus services between Karwarand Panjim.
Military pickets on the Karwar-Goa frontier equipped with powerfui
wireless receivers and transmitters were being reinforced according to
these officials. AKKEXES TO REJOISDER (F NO. 115)
(1
EXTRACT FROM THE NEIVSPAFER "ROMR.IY CHIIONICLE", IOTH AUGUST
1954
ro,ooo Troops are standingby
Bombay, Monday. The IO,OOO troops, including 2,000 whites are
concentrated in Goa today. Two thousand five hundred more, mostly
Negroes are on their way to Goa and are expected to arrive next Friday.
Thisinformation was available with the Goa National Congress today.
The Portuguese have also 12 fighter planes and a non-rnilitary air-
craft. Work on an aerodrome near Panjim is going on night and day in
spite of heavy rains.
The authorities are perturbed at the active participationof Goan
Catholic priestsin the people's liberation movement.
The recent arrest of Father Alvare Pinto, Vicar of Navelim, was the
laçt straw on the carnel's back. He was later released to avoid a 'scandal'.
The Police Commissioner of Portuguese India, Captain F. R. Romba,
told tIie Patriarch that the Governor General earnestly desired that the
Prelate took aserious view of the anti-Portuguese activities of the prjest-
hood.
(6)
EXTRAC TROM THE NEWSPAPER "AMRITA BAZAR PATRIK.~' A'UGUST II,
19.54
ro,ooo 7i.oofis masseinGoa
2,500Mure Negroes Expectcd By Aug. 13
Bombay, Aug, 9.
Tlie Portuguese authorities in Goa have concentrated there IO,OOO
troops including 2,000 Whites according to Iatest report reaching Goa
National Congress circles here today.
The report said 2,500 more troops coniposed mostly of Kegroes, were
on theirway to Goa and were expected to reacli there byAugust 13.
Portuguese are also understood to be having 12 fighter planes and
one civilian type aircraft. Work on an aerodrome near Panjim was going
on day and night in spite of the incessant rains, the report stated.
Goan authorities are alço stated to be perturbed at the active parti-
cipation of Catholic priests in the people's liberation movement.The
authorities have,however, released Father Alvaro Pinto, Vicar of Nave-
lim who was arrested recently to avoid "scandal".
The Police ChiefCaptain P. K. Komba is uncierstood to have conveyed
to the Patriarch of Goa the "earnest desire" of the Governor-General
that the Prelate took a serious view of the entire anti-Portuguese activi-
ties of the priesthood. The Patriarch was askto send a 'secret circular'
instructing the priests not onto stop showing any syrnpathy with the
nationalist movement but alço to preach pro-Portuguese sentiments in
the churclies. .4NNEXES TO REJOISDER (F NO, 115)
760
Jleanwhile, reports reaching Vapi from refugees coming from Damaun,
talked of last-minute efforby the Portuguese authoritiesto use the
local population for defence purposes. The refugees said, "fantastic"
ofîers of money and lands were being made for those supplying able-
bodied men. Advance money had been paid to some Warlis to guard the
frontier in case of any "attacby liberation volunteers.
(Part. 4)
(1)
EMIIIGRAT OOXTHE INHABITANTS OF THE PORTUGUESE
POSSESSIONS IN INDIA TO DIA IN Ig54
EXTRACT FROM FOREIGN AFFAIRS RECORD
VOL. 1, NO. 9 OF SEPTEMBE 1955
I
"The number of perçons who migrated from Portuguese possession
in India during 19j4 is given be1ow:-
Goa 18,116
Daman 1,500
Diu 4,000
Nigration both of Indians and Goans generally took place in the
months of July, August and September 193.4.Of the 1S,116 perswhos
during 1954, had migrateci to India from Go6,862 were stated to be
Indians. The majority of thern belonged to the labour categories who
were expelled by the Portuguese authorities on flimsy grounds."
II
EXTRAC ITKO~ZTHE NEU~SPAPER "BOMBAY CHRONICLE",
9TH AUGUST1954
Give urgent aiturejugeesfromGoa
Poona, August 8. An appeal to the Central Government to devisea
scheme for giving aid to the peoplecoming from Goa for safety and shelter
has been made by the All partyGoa Liberatioii Movement Assistance
Committee of Poona.
The Committee in a resolution said with the Goa liberation movement
gathering momentum. The Portuguese Government had resorted to
heavy repressive measures against the people there.
As a result the people in Goa had become panicky andiuere coming to
India for shelter.
The number of such people was increaçing every day and it had,
therefore, become necessary to give them shelter in India.
In another resolution the Cornmittee urged the Union Government t?
immediately take over the administratioof Dadra and Nagar Have11
taluka, recently liberatedby the people therc from Portugiiese
domination.
The resolution said that in the interests of the people liberated, and
forlaw and order the adminstration of theçe areas should not be allowed
forlong to remain in thehands of the liberation squadsU.P.1. (3)
EXTI~ACT FROM THE NEElrSPAPER "THE TIMES OF IXDIA"-
S~TH JULY 1954
Damaiz People in $anic
Conscription Order Leads to Exodus.
Vapi, July 25. More than 400 men, women and children reached here
to day from Daman in the exodus which started after the Governor of
the second biggest Portuguese possession inIndia had issueda conscrip-
tion order.
About 250 persons arrived here yesterday from Daman, where curjew
isin forcefrom 9 p.m. tif1dawn.
Social service organisations in Vapi have opened a relief centre to
provide help to the people leaving Daman till they find rail or road
transport faciIities to reach their destination.
The Governor's conscriptiori order came as "a boIt from the blue",
said one of the fleeing men.
The panic created bp the order had made about 25 per cent, of the
20.000 population leave the town: he said. ASNEXES TO REJOIXilER (F NO. 115)
762
Appendix 9
(1)
EXTRAC TROM THE XE\VSPAPER "PEACE NEWS''L , ONDON JULY 6, 1956
New ciepressionilzGoa
"Ail unprecedented wave of repression by the Portugucse Govern-
ment is taking place in Goa. Nearly 3,000 perçons are reported to have
been arrested since 1954. Oves eighty prominent citizcns have been
arrested recently.
Following ten years of reliance on the niethods of satyagralia in the
Goans' struggle against Portuguese rule, in the face of the most severe
repression a series of incidents of persona1 and underground volience has
broken out by opponents of the regime.
Six prominent Indians. and Goans have cabled Indian Prime
blinister Jawaharlal Nehru, now in London for the Common-
wealth Prime Ministcrs' Conferencc, urgjng him to "exert influence
witli free nations and Commonwealtli to halt this inhuman reyres-
sion".
"Goans in Bombay and Goa", they write are "greatly disturbed and
agitated."
The cable is signedby Cunha Uraganza, Chairman of the Goa Action
Committee; Lawande, President, Arad Gomantak Dal; Sukthankar, for
the National Congress of Goa; Soarres, President, Gos Liberation
Çouncil and University Professor; Iklascarenhas, ex-Mayor of Bombay
and Kama Hegde, who with Cunha Braganza spent ten years in a Portu-
guese prison for participating in the first Goa satpagraha in 1946.
The Portuguese repression is "driving Goans to despcration resulting
in acts of violence and sabotage", tiiey said. There have been attacks on
police posts, a ferry steamer,and mines. The Portuguese blame lndians
for the incidents, but nearly al1 of them took place in the heartof Goa
ancl are "obviously the work of desperateGoans" çays theplea to Nehru.
The Portuguese continue to deny that there is any nationalist inove-
ment inside Goa, but the prisons are full.
Among those arrested reccntly are Sharnbu Kirtano, a leading mer-
chant; Virginkar, businessmnri from hlargao; Aristo Tavar Dias, prom-
inent lawyer of Saisette; Alvaro Furtado, ex-president Saisette munici-
pality; Dr. Frank Sequeira, prominent merchant and landlord; Ilidio
D'Costa, wealthy businessman and landowner; Ernest Coste Farias,
son of retired governmcnt employee; Dr. Alvaro Costa, editor of the
Portuguese language daily, Diaro de Goa, ex-mayor of Saisette, and
physician in hlargao Hospital; Vasant Naik; merchant; Colaco, leading
medical practitjoner and brother of Bishop Colaco.
Most of these persons are said to have been tortured to extract
information about the nationalist movement. Most of these are men
not known to have liad contact with any anti-Government move-
nient.
The cable called the murder of Krishna Porob, a merchant who
died as a result of torture "reminiscent of Fascist methods of
esterminating opponents". .AXSEXES TO HEJOIKDER (F NO. 115)
763
The round-up of these men has taken place on the mere suspicion that
they knew sornething about the underground nov verne nrtarc indirectly
aiding it."
("PEACE NEWS"-JU~Y 6, 1956,NO. 1,045.)
The prisoners of Gon
Hy Taya Xinkin
Corvesfiondeîzto/ the !i.iit?zchGzta~dianczjz~thle London Eco?~omist
In "Pe9ce News", June 7, 1957.
1 asked the warclen if the prisoncrs are allowed to swim. He iookcd at
me with amazement and stated that prisonerç are not allowed out of
theircells except for 30 minutes a dap, fivc days a week. The rest ofthe
time they are locked up. They are not allowed to work or play games
except chess, or listeil tothe radio or ~ierform rciigiwus services, they can
read, write and draw, they cannot even spin if they are Gandhian
convcrts. Conditions in the lockup uTereterrible. /
The first cc11 saw (and here 1confine myself to describe the condition
in urhicli the Goans had to livc since the liidians have since then becii
released) would have been ample for 20 inmates, crammed with 30, it in
fact housed 6s people. "How do you sit?" I asked and they explained
that they do iiot sit, or stand, but remain lying on their bunks.
Doiiblc decker bunks, side by side, wide enougli for one rnan to lie on,
faced each other with a narrow gangway in the middle. The heads of the
bunks touched the walls on cither side of the elongated cell, and the
second row was too near the bottom row or the ceiling for a man to sit
on his bunk without croucking a bit. So it was simylcr to lic down.
The cell had one lavatory-a hole in the ground-so that prisoners
need not go out. The lavatory which is also tlie bathroom with its over-
head bucket for water, faces the kitchcn where food is cooked and doled
out. The prisoners in turn cook their food which tliey have to pay for
out of their meagre daily aloiuancc-two shillings-which covers food,
fuel, laundry, soap, cigarettes.
1asked the Commandant of the jail why lie did not allow the prisoners
out into the yard for esercise since the ce11was so congesteHc answered
serenely that his prisoners are treated exactly like the Portugliese in Goa,
or in Portugal, for that matter. No wonder thereare Yortuguese soldiers
who desert to India ratlier than serve their term for petty offences.
Shot himself
Portuguese and Goans alike are terrified of jail. Corporal punishment
is practisedby the jail authorities. The Indian prisoners who had com-
plained to the Izgyptian diplomat about jail conditions last year
severely beaten after he left, and whil1was in Goa, one Hindu adminis-
trator of a Religious Trust died of beating wliile hewas kept for cross-
examination by the military authorities.764 AKXEXES TO REJOINDER (F NO. 115)
One leading businessman who had complained because a soldier had
been bothering one of his maids was formally invited to witness the
flogging. African soldiers are publicly flogged for the slightest offence
and there are many stories of Goans taken to Africa duriiig the night,
without trial. Some families it is said have heen waiting for 25 years
without news of their exiles.
It is whispered in Goa that fieople who get arrested are tortured to
death. Shortly before my visit one leading Goan businessman who was
so trusted by the Portuguese authorities that he was the sole stockist of
explosives (because of mining, there is a very profitable import of explo-
sives) shot himself when he was called to police headquarters.
He was wanted merely to identify a thief but the Commandant of the
Police, a persona1 friend ofhis,had not thought it neccssary to Say why
he was wanted. The businessman who had heard many a police story
from his friend told his wife that he could not facea cross-examination,
yet lie was not only innocent, but actually pro-Portuguese. Serial Native Place Term oi imprisonment
No. 3 and date of arrest
1 5
Ahhyankar Anant Ambede, Sattari Farmer IO years ,6.1.55
Abhiskahi Anant Sakliarani Savoi, Pondü Businessman Under trial
Bliave Govirid Dhave, Sattari ~\griculturist II years, 26.1.55
Hiigade Dattaram Ragobliri Parsc, I'edne Wireman 6 years, 15.8.55
Harve Pandurang Küvle Ponda Hotet-keeper ' Iinder trial
Botkar Hari Pandurang Dhavle, Ponda Priest -do-
Savoi, Pondci Temple servant -do-
Chafadkar Dasu Ganpat ~igriculturist -do-
Cliafadkar Laxmikant Ganpat -do-
9. Chafadkar Ganpat -do- -do- -do-
IO. Dhakato Gunko Savaoiverem, Ponda -do- -do-
II. Antonio Juse de Souza TIiivini, Bardez Bank Clerk 28 years, Ij.8.54
12. Xcmcara Dcsai Panjim, Goa Primary Tcacher io years, 22.6.54
13. Gadekar Sadanand AIapuca, Bardez Tailor 4 ycars, 15.8.54
14. Govekar Laxman Mapuca, Bardez. Manager of Rakery 4 years, 25.11.54
Goveksr Kaninath -do- -do- 8 years, 26.1.55
IG. Gulclikar Harishchand Dharkhan, Sattari Agriculturist 5 years, 26.1.55
-do- Under trial, 15.8.55
'7. Ghodge Ramkrishna Korgaoii, Pednc
18. Ghavde Vasu Bliiva. Perxem. Pernem Temple Servant. G yeürs 15.8.55
19. Harmalkar Namdev Tivim, Pedne Mechanic 18years, IO.ri.54
20. Zoshi Laxman Ganesh Hedode, Sattari Agriculturist IO years, 26.1.55
21. Zoshi Anant Hedode, Sattari -do- 5 years, 26,1.55
22. Jambulkar Atma Topayo Eetki Ponda Farm hand 5 years
'" 23. Zoslii Gajanan Hadode, Sattari Agriculturist 5 years. 26.1.55
O 24. Zoshi Laxman Damodar Dhave. Sattari -do- 5 years, 26.1.55
ZoixiPandurang Dhave, Sattari -do- 10 years. 26.1.55
25. Term of imprisonrneiit
Serial Native Place I'rofession
No. 3 4 and date of arrest
r 5
Kopkar Pandurang Karmali, Sattari -do- Under trial, 29.10.55
Kupkar Vidyadhar Dhave. Sattari -do- 5 years, 29.10.55 .
Camotini Gopal Anant Panjim Goa Lawyer IO years. 21.6.54
Curdicar Dipaji Dongri, llhas Agriculturist 5 years, 29.10.55
Carmoli Nagesh Quepem, Distt. Quepem Businessman to years, 25.6.54
Corde Shivram Priat, Pondü Agriculturist Under trial
Cavelkar Anand Mahadeo Kavle, Ponda Priest 6 years
Kerkar Chandrakant Vijay Keri, Ponda Tailur 6 years
Lanjekar Rameshwar Illapuca. Bardez Col)persmitli 3 years, 26.1.55
Dr. F. Martin I'urvorim, Bardez Medical Prüctitiuticr io years. 22.2.54
Alapuca Lawycr IO years, 22.2.54
Mulgaonkar Pandurang 24.6.54
Madkaikar Shamrao Margaon Social worlrer
hlhatarbhog Sachit Ganesli Savoi, Ponda Temple Servant Undcr trial
hlhatarbhog Vidyadhar Ganesh -du- Agriculturist -do-
Mhatarbhog Vishnu Ganesh Savoi, Ponda \\'cavcr -do-
Marathe Mahadev Ambede. Siittari Agriculturist 5 years. 26.1.55
Manjrekar Devgo Dhave, Sattari -do- 5 years. 26~i .55
alaster Pandurang Palvim Pedne 'I'endier Under trial 23.8.55
Nevrekar Prabhakar Mapuca, Bardcz Coppersniitti S years 6.4.55
Naik Dattnram Yesu Xevre, Ilhas Agriculturist 8 yeürs, 20.4.55
Naik Xambu Sonu Savoi, Ponda -do- Under trial ,
Naik Chandru Vishnu Mopa -do-
Naik Baba1 Bhima Vagurme, Ponda -do- Under trial
Savorden, Ponda Sliop-servant Undcr trial
Naik Deo Abole Dicd in [irisuri
Xaik Prabhakar Lakslietne Snvorden, Ponda Merchant
Navi Vinnyak Atmaram Valvoi, F'onda Owner of a Sal~iuii Under trial
Fadco Bhau Dattaram l'rial, Ponda Agriculturist -do-
Pingutkar Guni ICarmnli, Sattari -do- Linder trial 29.10.55
Parsekar Vasudeo l'arse, Pedne Tailor 7 years, 15.8.54
Parsekar Kishore -do- -do- -do-
Pednekür Tatiaji Aroba. Pedne Clcrlr IO years, 15.8.54
Pednekay Tanv. Bardez Glerk 4 yearsSerial Profession Term of imprisonmeiit
hTo. 4 and date of arrest
I 5
58. Palankikar Anant Bardez Carpenter 4 years
59. Xaikar Narndeo V.
Go. Savant Ramkrishna Dharma hlapuca, Bardez Coppersmi th Under tria1 6.4.55
01. Sapate Naryaii Mapuca, Bardez -do- Under trial 6.4.55
62. Sapte Shripad Parvorim, Bardez -do- IO years -do-
Shirodkar Rama Bardez -do- 4 years
63, Savaikar Atmarain Anant Khandole. Ponda Xgriculturist Undcr trial
65.. Savoi, Ponda -do- Under trial
Shilkar Sonu
66. Savaikar Padniakar Ramkrishna -do- -do- -do-
67. Savaikar Ganpat Padmakar Savoi, Ponda Factory if'orker Under trial
68. Tliari Namdev Calval. I'edne Fisherman Under trial 15.8.54
69. Volingkar Narasinlia Savordein. Pond Painter -do-
70. Endo Narsinha S. hlapuca, Bardez Coppersmith Y ycars, 6.4,55
71. Erido Dinanath -do- -do- IO years 6.4.55
Fabian De Costa Landlord 15 years, 22.4.55
72- Tcurencar Prabhakar
73.
74. KeIkar Panduranga Ananta
73. Dubaxi Ganoba SIedical Practitioner.
7'5. Prabhu Kanohar
77. Miss Yainginkar Laxmi
7s. Miss Prabhu Vilasini
79. Miss hlitra Kakodkar 12 years, 1956
80. Shrimati Salista Aurejo 12 years, 195G
SI. Dessai Subhash Vishtiu i'iler~ia, Bardez
82. Dessai Esvonta -do-
83. Dessai Vassa~ita hIapuca
84. Dabholcar Namdev Anjuna, Bardez
85. GhadiPundalica Quepam
86. Naguencar Jaivanta Vitola Margao
87. Pagui Visnum Ghatu Maxem, Canacona
88. Loliencar Zoivonta -do-
89. Poiguincar Naguem Poiguinim, Canacona Term of imprisonment v
Native Place Profession and date of arrest Age m
3 4 6 W
5
90. Surlicar Dharma Custa Siroda, I'enda
Bhisso Roguvira Dottu Chinchinim. Salcete
91. Margao
92. Sirodcar Caxinata
93. Endo Sricanata Ganesh Sanquelim
94. l'unalcar Ganopota Govinda Britoua, Bardez
95. Caunco Kajararna Fotu Doromarogo, Sanqueliin
96. Medcoicar Cuxali Ilhas, Goa
97. Cambli Msnohar Panjim, Goa
98. Khan Rahim Umar Valpoi. Stari (Stari)
99. Fatto Rama Oxel, Bardez
100. Alornencar Gajannn Gudiem, Siolim. Bardez
101. Cundo Venctcxa Velim, Salcete
Bando Xencora Partagale, Cancona
102.
103. Bando Ragoba -do-
104. Sirsat Sridora Parra, Bardez
105. Uevji Ranchod Biagarivadda, Damao Grand
106. Govan Givan Patlara, Damao
107. Gauncar Sadananda Nagorcem, Canacona
108. Rodca Bfohan Bhandarwadda, Damao Pequeno
109. Hatanji Naraine Varcumda, -do-
110. Lala Khandu Ringonawadda -do-
IIoa. Ramca Chibu Rhandarwada -do-
III. Mangal Babu Varcunds, -do-
112. Afonso Alfred Galjibaga, Canacona
113, Viegas Antonio Aldona Bardez
114. Pinto P. J. Aldona, Bardez Teacher I1 ycars, May 1955
115. Fernandes Tvleiiino Colva, Salcetc Labourer 2 years
116. Pinto Jeremias Aldona, Bardez Student 4 Years, 27.4.55
117. Rocha Pasccal -do- Student -do-
118. Souza Inacinho Aldona, Bardez Student
4 years.23.5.5.5
119. Joshi Vishnu Panduronga Dhavem, Valpoi
120. Xete Siuram, Gones Panjim Terni of imprisontiient
Serial Native l'lac Age
No. 3 and date of arrest 0
1 5
121. l'arcencar Srirania Xantaram I'arcem. IScrnem
122. Surlicar Aiianda Sadasiva l'an jim
123. Sanvordericar Esvonta Utoma Sanvurdem
124. Soares Joao M. l'almar Grande. Teleigao, llha
125. Lanjecar Cripavonta Corlim, Mapuca
126. Parcencar Vassu Pcrcem, Perneni
127. Pereira J. J. Aldona, Goa Teaciier
128. Fernandes Anthony Cuncolim, Salcete
129. Fernandes Alberto -do-
130. RIonraes Franklin -do-
131. Ilessai Purso Saba Canccona
I 3r Dessai Rogunata Naraina. Caiiccona
133. Adconcar Loximona Santa Cruz, llhas
134. Kirtani Shambii hlargao
Godke Prabhakar -do-
135.
136. Anthony J. D'Souza 28 years
'37. Uttam V. Khandeparkar 7 years
138. I'rafulla Priolkar 7 years
139. Itamkrishna blandrekar 7 years. 1955
140. hladusudan G. Guntak 7 yean. 195.5
141. Shamsundar A. I'rabhu 6 years, June 1955
142. Johti Mariuel Soares 6 years. -do-
Chandrakant B. ICerkar 6 years, -do-
143. Ralduino Arnaldo Fernandes
r44. 5 years, -do-
'45- Gopal Ramchandrn Naik G years, -do-
146. hlenino Pereira ,?S'Cars, -do-
147. Rohidas Eknath Naik 4 years, -do-
148. Tulsidas Surya Moroikar q years, -do-
149. Vasant D. Naik q years, -do-
150. Vithal Surya Surlikar q years, -do-
151. Vasu Shiva Parsenkar 4 years. -do-
151. Dinkar Govind Thali
4 years, -do- ,Serial Term of imprisonment
Native Place Profession
No. 3 4 and date of arrest
1 5
Govind Keshav Blapsenkar 4 years, -do-
Max Fernandes 8 years. -do-
Anastasio De Almeida IO years, -do-
Alfred Alphonso 8 years, -do-
Alvinho Relarmino Coelho 8 years. June 1955
hlurlidhar V. Rane 8 years. -do-
Kripavant Shambu Lanjekar R years. -do-
Ragobha V. Kudnekar 6 years, -do-
Kumudohandra V. Desai 5 years, -do-
Vishwas T. Desai 5 years, -do-
Madhav W. Pandit 3 years, -do-
Prisonio Tavares a3 years. -do-
Josico Belarmino Fernandes I year, -do-
Bal Kakodkar 9 years, -do-
Suryakant Thali 8 years, -do-
Naguesh Karmali 8 years, -do-
Damodar Prabhu Desai 4 years, -do-
Uttam Sanvardenkar 4 years, -do-
Prabhakar Bhernbre 5 years, -do-
Felix V. Rodriques 3 years, -do-
Ramakant Kudchadakar 7 years, -do-
Parshenkar 7 years, -do-
Parshenkar 7 years, -do-
Ramakant Parshenkar 7 years, June 1955
Waterpenka r 3 years, June 1955
Ghadge 4 years. June 1955
Guntak 6 years, -do-
Manjrekar 7 years, -do-
Bkihu Deu Iyear, -do-
Suman Zambaulikar 4 years, -do-
Narsinv Hegde 4 yens, -do-
Srikant Fol Desai 4 years. -do- Terni of imprisonment
Native Place Profession and date of arrest
3 4
5
Nana Cirrgaonkxr 4 years, -do-
Piabai Inde 4 years, -do-
Francisco Braganzn Majorda 1956 April
Sliamhhu Kirtiini Margao
Virgin kar -do- -do-
Arivsto Tovar Dias Chinchinim -do-
Alvaro I'iiito Furtadir -do-
-do- -do-
Dr. Antonio Colaco Margao -do-
Pandurnng Kavlekar RIapuca -do-
Vasant l'ednekar -do- -do-
Vanian Pednekar Map11ca April 19.56
Shrikant Naik -do-
RIoga Kaik -da-
Rlcthableshvar üiukar -do-
Dinkar Sinari Ribendnr
Sliania Hinari -do- .
Dr. Prünk Sequeir.1 Panjim -do-
Surya liumadkiir -do-
Usgaon -do-
Krishna I'orobo Volvoi -do- .
Dayananda I3alidod iI I'anjim -do-
Ilidio 1l'Costa -do.
Sassu iVadkar Valpoi -do-
Jairam Sirsat Alapuca do.
Fatti Thanu I'alkar Wle do-
Saklo Zipro Caonkar dri-
Sopri Yeshwat rlinkar -do-
Yeswant Sopri Ainkar -do-
Hamnath Yeswant Ainkar -do-
Ganesh Yeshwant Ainkar
Dattaram Tolivo Fauzdar -do-
Pale ,. April 1956
Zilo Sawant Pariyem -do-
Kashinath R. Chopdenkxr Siolim -do- +
Native Place lerm of imprisorimciit
and date of arrcst
3 5
Yeshwant B. hlandrenkar Siolim
Poko P.Verncnkar
Gajenan R. Bansulikar
Ram Uhikii Vernenkar
Raghuvir B. Harmalkar
Dattaram U.Harmalkar
Narayan Gopal Prirsenkar
Vasudev S. Agarwalkar
Mshadeo C;. l'arsenkar
Ycshwant L. Dhargalkar
Sonia Fondu Vernekar
Hari Nani Simpurushkar
Visvanath J.Simapurusliltar
Erncsto Costa Frias I'arra
Brtlaji Lawande Valpoi
Dr. Alvaro Costa Cansaulirii
Vinayak Nnik Alargao
Vasant Saik
Narayan Srinivas Kamat Valpoi -do-
Kamadkar (Surya's Son) Usgaon -du-
Ramadkar (Siirya'sBrother) -do-
hpril 1956
G. Braganzs Vasco da Gam:
Sripad Tamba Panjim -do-
hialiyc Margao 40-
Antonio Francisco Viegas Cuncolim -do-
RIadhukar Alvi Uicholim -do-
Mitra Kakodkar March 1955
Sülista Arairio Marc11 1955251. SHKIILIDIO DA COSTA was arrested on the 1st June, 1rj5Gand \vassubjectcd to untold turturc. His arrest lead to the intensive
searches of several prominent families.
252. SHRI POLICARPO DA SILVA, 26:years, was also arrested un ttie1st Jurie,1956 alorig with a hundrcd more Goati iiationalists and ho
is reportcd to have been also torturcd.
SHRIAIOHANRANAUE, 26 years, from Savoi-Vererri, was wounded by Stengun bullets in October, 1955. Since 1946 he had bcen
253. organising underground nativnalist movement. He wars tortured by tlie I'ortuguese police (P.I.D.E.). to force out confessivn
~irhiclithcy hope might lead to thc elimination of underground activitics.
254. SHBIROQUESANTANAFERNANDES, 28 years, was arrested aloug with SIIRIPRABHAKARR~ATIIA af,ler being seriously wounded :,
witli four bullets. To tlie unl~exrable police tortheretorted: "\'ou can destroy my body tliat is mortal but never my sou1 that is 2
immortal." Hesays he would never hesitatc to do any-thing tu ubey his superiors even at tlie sake of his lifHe Iiad been arrested
in 1952, but uras released in July 1954. ,.,
X
Lr.
* Information not avaiiabte. Oi ANNEXES TO REJOINDER (F XO. 115)
NAME S F SOME GOAN NATIONALISTS XILLED OR INJURED AS A
RESULT OF SHOOTING BY THE PORTUCUEP SELICE IN 19.5 T5O 1957
Serial
No.
Roque Santana Fernandes. Injured on July znd, 1955.
Sentenced for 12 years.
Prabhakar Matha. Injured. torturedand released after trial.
Sakharam Yeshwant Shirodkar. Shot dead in the Police lock-up on
14th AUgUst, 1955.
Krishna Shamba Shett. Shot dead on Aug. ~qth, 1955 for refus-
ing to give information. He was tied
to a tree and shot at a cIear range, with
three shotç, one on the forehead and
two on the chest.
Prabhakar Varnekar. Died in jail. He was shot at and rnortally
ivounded on Nov. 1955.
Were shot dead on Feb. 5, 1956 near
6. Bapu Vishnu Gawas. )
7, Bala Gopal Desai. Setarda. Roth were arrested and released
previously.
8. Babla Dhondo Parab. Shot dead at Moma in August, 1956.
9. Balkrishna Bhonsle. Killed in Dec. 5, 1956 at Pornbarpha.
IO. Camilo Pereira. Shot dead on Feb. 17, 1957at Curti
II. Ponda.
12. Vithal Vinayak. Shot dead on Feb. 19.at Sirigao.
Vishnu Corlim.
Ramchandra Hari Xevgi. Shot dead at Assonora on AIarch IO,19j7.
Sakharam Mulik Killed in Xovember 1955.
Laman Velincar. Killed on 20.10.195G.
Bapu Rarnkrishna Boto. Killed on 23.5~1957.
Pandurana Raia Sakharam Kekre. Killed on 23.5.1957.
~arnlaca2 ~hkodkar. KiIled on 23.5.1957.
Raianikant Vaikunt Kenkre Killed on 4.6.1956.
~ahu Xaique. Killed on 4-6-1957.
Dulo Mar. Killed on 4.6.1957.
Sagun Mapari. Tortured to death on Feb. 12, 1955 at
Bicholim.
Bala Raya Mapari. Tortured to death April rgjs et Assonora.
Krishna Parab. Tortured to death June 12, 1g56.
Parashurama Acharya. Tortured to death at Margao on Sept. 20,
1956.
Keshav Sadashiv Bhatt. Tortured to death on Sept. 1956,
Kedar Vinayak Anvekar. Died from explosion of a bornb in July 5,
igj5at hieras.
Arjun Decma Pernekar. Died in the explosion of a bomb in
hfaetn-Bichotim road on zo.2.57.
Savgi Dattu Iiaique. -do-
hTaik Prabakar Lasheme. Tortured to death. ANNEXES TO REJOINDER (F NO. 1x5)
Appendix IO
"Letter to the Governor General of Portuguese India", Dr. Laura
DJSouza.
"Freedom for Goa" - Prof. Lucio Rodrigues.
"Presidential Address" - Prof, Lucio Rodrigues.
"Presidential Acldress" - Shri V. N. Lawande.
"Welcome Address" - Shri H. hl. Priolkar.
"Indieche Pantapradhan Bhet Ditat Goenlcarant poilea pautti"-
Dr. R. Kegde.
"India Replies tu Salazar" (National Congress Goa).
"The Goa Satyagraha Story" - Goa Liberation Council.
"A Burla do Estatuto Politico".
"Um encontro corn O Sr, Dr. Neiva-Consul Portuguese em Nairobi".
"The jmperialist catholicism of the patriarch of Goa".
"Menezes Braganca e a luta contra ditaduras coloniais".
"Goan Priests' Revolution against the Portuguese Regime" - Azad
Gomantak Dai..
"An open letter. to h~ernbers&- workers" (National Congress Goa).
"Goa Liberation Council - Goa Budget under Fire".
"National Congress Goa - 7th Session - Presidential Address". .
"Goa Liberation Council - Spotlight on Goa".
"Resposta a Salazar".
"East Africa Goan National Association - Mernorandum ta the
President of Portugal".
"Manifesto of Goa Action Committee" - published by T. B. Cunha.
Facts about Goa, issued by the Goa League, London.
Nationalism and the Elementary Kights l xgzg.
Camouflaged Slavery - 1929.
The Basic Problem - 1936.
Portuguese India l - 1939,
The Rice Problem l - 1940.
Relief Canipaign - 1942.
An Attack on the Indian Kupee l - 1944.
Denationalization of Goans 1 - 194.4.
Civil Liberties in Goa l - 1946.
Portuguese India Today - November 1950.
The Goan Political Conference - January 1950.
Policy Statement - National Congress Goa - May 1951.
Goan Convention - Resolutions - June 1956.
"Goeses Lutai Pela Vossa Liberdade, A burla do Estatuto Politico" -
1553.
"Petas Patrioticas da Sociedade de Geografia de Lisboa" - 22.7.1954,
What can there be of Portugueçe in "Yortuguese India"? - October
1954.
--
1 These are publicationsofGoa Congres~ Cornmittee,constitutedin 1928 by
T. B.Cunha, L. José de Souza and othen. ANNEXES TO REJOINDER (F NO. 115)
776
Goan Affairs (National Congress, Goa) - Julie 1954,
Janata - Augrist 1955.
Presidential Speech, National Congress; Goa, April 19j j.
Francisco Luis Gomes - 1955.
The National Congress (Goa) - January 1955.
National Congress (Goa) 7th Session - March 1955.
Goan Priests' Kevolution - August 1955.
Goan Convention - June 1956.
"Indieche Pant Pradhan bett ditat Goenkaranc poileach fautt" -.
May 1956.
Letter to the Governor-General of Portuguese India, Uecember 1956.
Salazar's Bluff Called - 1956.
Goa - Interview radio - Dellii, Februar- 19-6.
Reminiscences of Goa, 1956.
Annual Session National Congress (Goa) - 1957.
National Congress (Goa) 11th Annual Conference 1958.
Goa, Goa11Poiiit of Vie~v,hy The Goa League, London.
il "Mao Estendida" de Portugal.
Goa Peoples' Party's Programme.
The Voice of Young Goa, by Goan Students' .4ssociation, Bombay.
Address at Second Annual Session of Azad Gomantak Dal.
Resposta a Salazar.
Goan Liberation Council, Pamphlet Y 1 o. 2.
Freedom for Goa - Prof. Lucio Rodrigues.
Goa Liberation Couiicil - Spotiight on Goa.
"Situacao Factual das Possessoes Estrangeiras na India".
Goenchea Padrinchem Rondd - S. G. Lad.
Amchem Goem Amcarn Zai.
The Imperialist Catholicism of the Patriarch of Goa.
"Ravji Rano" by Azad Gomantak Dai.
The Goa Satyagraha Story.
"A India Portuguesa", Congresso Xacional dc Goa.
The Goa Problem, by Ilruston 12odrigues.
18th May! Death Knell ofPortuguese Colonialism!
This Year of Freedom - hy Xational Congress (Goa).
GOAN ~ATIO,V:\I,IST PAPERS, THEIR E~IITORS
AND PLACES OF PUBLICATION
Place 'of
Name of Paper Editor Publication
Prakash Veiikatesh Sardessai Pangim
Voz da India Antonio Siqueira Margso
O Bharat N. Hegde Desçai Quepem
O Regional Pulqueria Furtado Chinclii~iim
Icesurge Goa Te10 de Mascarenhas Bombaim
Free Goa Berta M. Braganca
Goan Tribune Luiz J. U'Souza
Dudh Sagar J. V. Kamat
Dipagraha Sincro . 1,
Sandalcalo Carlos D'Cruz. Sivassa
Pradipa 3,fenezes Braganza . Chinchinim AXPiEXES ?'O REJOINDER (F NO. 115) 777 ,
Projecho Avaz B. I3.Borkar Poona
Saad Bombay
Azad Goern T. B. Cunha ,,
Amcha Ladha Azad Gomantak Da1 Belgaum
Kranti , Azad Gornantak Dal
Goan Age Gerald Pereira
Goan Tribune Alosyius Soares
Free Goan Dr. Antonio Furtado Belgauni
Dudhsagar B. D. Satoskar Bombay
Deepagraph Janardhan Shinkre
Anglo-Lusit ano
Tide-Revicw
Kessri
Loka-rnanya
Rashtra-mat
Loka-satt
Laka-Shakta
Lakashahi
The Daily Dnyanyrakash
Prabhat
Navabharat
Porjecho Ulas
Rivivar Sakal
Vikas
Appendix II
In Annex I to the Observations, par. 3,the Portuguese Government
seeks to belittIe the value of certain quotationsfrom the works of the
famous Yortupcse writcrs Oliveira Martins, Antero do Quental and
Eça de Queiroz set out in Indian Annex A. No. I. These quotations
contain severe comments upon the behaviour of the Portuguese in
India. In order to establish the standing ofthe authors, it is necessary
only to recaIl thc following descriptions of them givenin the Encyclo-
paedia Britannica (11th ed.) :
Oliveira Martins :
"Gifted psychologist, a profound çociologist,a stern moralist, an
ardent patriot,Oliveira Martins deçerved l-iisEuropean Tradition. .
The chief characteristicsof the man-l)sychological imagination
cornhined with realisrn and gentle irony-make his strength as a
historian and his charm as a writer."
Antero de Quextal:
"Antero stands at the liead of modern Portuguese poetry after
Joao de Deus."
Eça De Qzteiroz:
"Queiroz displayed a spontaneity, power and artistic finish
uncqualled in the literature of hisntqsince the death of Garrett.
Many of his pages descriptive of natural scenery have taken rankt 778 ANNEXES TO REJOINDER (F NO. 115)
as classic examples of Portuguese prose. hlost of his books have gone
through many editions and they are evcn more appreciated in the
i3razils than in Portugal."
There is no doubt that writers such as Martins, Quental and Queiroz
do not enjoy the favour of the present Portuguese Government. Their
treatment is described thusby Ferreira Castro, the greatest contemporary
Portuguese writer:
"Eça de Queiroz, pride of Portuguese literature, would notbe able
to write in our days. Sensibly, hi5 books were not apprehended,
because that would cause a great uproar, but books "whiter" (i.e.
less harmful) than Eça's were refused publication or apprehended.
The first-or one of the first-circulars from theCensor,sent to the
newspapers in 1926, and which 1read, forbade amongst other things
the transcription of some pages from the works of Alexandre Her-
culano, Ramalho Ortigao, Eça de Queiroz, and, if 1 remember,
Oliveira Martins. Herculano lies in the National Pantheon, and if
the bodies of these other writers are not there it is not because they
do not deserve to be there too. Up to 1935, although now and then
interfering with literature, the Censor used moderation. From tlien
on, however, to write a novel in Portugal became a kind of self-
torment, provided one did not have the same frame of mind as the
ruling class. And the truth isthat the great majority of the Portu-
guese writers did not have, and do not have, such a frame ofrnind."
The quotation is from "Teses do Congresso Republicano de Aveiro",
(pp. 5-6),printed privately in 1957 and now unobtainable in Portugal.
Castro discussed this matter again in an intersiew published in the
newspaper "Kepublica" on the 16th May, 1958 (at that time the cciisor-
shiphad been temporarily relaxed in view of the approachingpresideatial
election). He said:
"Al1 kinds of limitations have been inflicted on national intelli-
gence: censorship, seizure of books, dismissal of professors of the
calibre of a Pulido Valente, a Fernando da Fonseca, a Rodrigues
1-apa. An oppressive atmosyhere has been created where no one
knows what conscquences may overtake him because of his writings.
Antonio Sergio was prevented from continuing liis "History of
Portugal". Aquilino Ribeiro had one of his books banned for ten
years, and later, for another book of his, was insulted in the so-called
National iissernbly simply because he did not praise some princes
who lived centuries ago. The hatred for the inteilectuals reached
even the Catholics. Thus, the great poet, Jose Regio saw the seizing
of one of his most beautiful books. 1 have only referred to three
names-three glorious names of Portuguese intelligentsia -which
also belong to the number of those who will survive al1vicissitudes.
1have only quoted tliree, but could quote scores and scores of them." ANXEXES TO REJOINDER (F NO. 116)
Annex F. No. 116
Telephone '44223
J44224
Telegrams : NASCI
THENATIOKAS LPORTS CLUB OF INDIA.
MUTTRA KOAD NEW DELHI. 1
17th August, 1953.
Shri K. V. Padmanabhan,
Deputy Secretary
Ministry of Esternal Affairs,
Govcrnment of India,
New Delhi.
Dear hlr. Padmanabhan,
Re: The arrest of F. Jlascarenhas, President of the United
Front of Goans and party by the Portuguese Government
at Damao.
.
1thank you for the interview you so kindly granted me at your office
this morning in the above connection.
As desired by you 1 would like to briefly state the factof the case
leading to the arrest of rny brother, ShrF. Mascarenhas, which to the
best of my knowledge is exactly as related to me by an eye uTitness,
&Ir.S. Ferdinands, a photographer from the 'Indian Express' Bombay,
who accompanied my brother on the recent mission to Vayi.
At the invitation of Capitao, Gav. Kevez. Romba, Commandante
U'Policia Do Estado Da India, Damao contained in his letter of the 7th
inst, written in Portuguese, the original of yhich together yith the
English translation and other payers relating io the invitation were
handed over hy me yesterday to Shree B. N. Kaul, P.P. S. for necessary
inspection by the Prime ilfinister Shri F. Xascarenhas accompanied :-
Shree Waman Desai-Secretary U.F.G.
,, Mudras-Member U.F.G.
,, M. Pereira-Stenographer
,, S. Ferdinands-Yhotographer
,, Barreto
and RI. Monteira, niessenger from Commandante Romba, who had
personally handed over the letter of invitation to my brother left Bombay
at 8 ,4.?tT. Tuesday the 11th August, 1953 for Vapi, by the Sauraslitra
Express. Incidentally Vapi is situated inthe Indian territory.
On arriva1 at Vapimy brother and party were received b~rthe Gover-
nor of Darnao. Several photographç were taken by Ferdinands of the
reception at Vapi. Irnrnediately there-afterthe party were driven by '
car across the border to Damao. They were not stopped at the Indian
Customs barrier at Silvasa for checking.
At Damao the rnembers of the party were introduced to Commandante
Komba and other high officiaisWith the exception of my brother bvho
was housed at the Governor's Palace, boarding and Iodging arrangements
were made for the other meinbers of the party at a Hotel in Damao.
From the day of their arriva1 in Damao and for the following~WO daysthe party used to meet Commandante Romba regularly every morning
and evening at the Governor's Palace for disciissions in the matter. The
meeting which was convened on the 13th evening went on till the early
hours of the 14th with the result that even the lighting restrictions had
to be relaxed. At this meeting which concluded at about 3 A.M. on the
14th they were supposed to have arrived at a final arrangcment.The agree-
ment was accordingly typed out and signed by Commandante Romba
and Shree F. Mascarenhas respectively after being thoroughly scruti-
nized by the Legal Adviser of the Portuguese Government who was also
present on that occasion. The meeting then terminated and as the mem-
bers of F. hlascarenhas party were Ieaving for thcir hotel at about
4 A.hl. a Police party surrounded the place and pilt them al1 under
arrest. The signed document and other papers were then taken possession
of. With the exception of Pereira and Ferdinands the other members
viz tlraman Desai, I1Iudras and Barreto were hand-cuffed. The arrested
persons were then brought back to the palace and made to sit in a large
hall which was completely dark. Their personal effects were then taken
charge of and they were interogated by turn. It was while thcy were at
the palace that Ferdinands noticed Shree F. Mascarenhas, being taken
away. His pcrsonal belongings which were detained inthe palace were
insyected in the presence of the rest of the party. Commandante Romba
it appears offered to pay Ferdinands for the services,rendered by liim as
a Photographer, from Shree F. Mascarenhas purse which he declined to
accept .
He however accepted about Rs. 631- fsom Romba towards the cost
of the film rolls and bulbs which he had to surrender to the Portuguese
for which he issued a receipt. Since Ferdinands and Pereira convinced
Romba that they were noi members of the Political party which
F. Mascarenhas representedthey were told that they would~iotbe detained,
but allowed to leave but only as and when thcy received necessary
instructions. In the first instance they were told that they could leave
for Rombav on the 14th morning, subsequently this was altered to the
14th evening till finally they were permitted to leave on the 15th morning.
Before their departure Ferdinands was given a severe warning being a
Pressman. He was told that should any reports appear in the press that
did not seem proper to them he should watch out since they have their
secret agents moving about in Rombay.
The facts as recorded above uTerealso related personally by S. Ferdi-
nands to Shree B.N. Kaul P.P.S. when he nccompanied the undersigned
to the secrctariat yesterday. Unfortunately Ferdinands has meanwhile
left for Rombay or else he could have as well given you more details in
person.
I trust however that the above facts will assist you in carrying out the
necessary investigations.
1thank you for your assurance that immcdiate steps will be taken and
every thing possible done by our Government through Diplornatic
Channels to get Shree F. Mascarenhas released by the Portuguese Govern-
ment and returned to India.
In the meanwhile 1rcmain,
Yours sincerely, Annex F. No.117
REPORT OF THE ADMINISTRATIO OF UADRA AND NAGAR-AVEL IND
RESOLUTIONS OF THE PEOPLE OF DADRA AND NAGAII-AVELI
. Letter/rom the Arlmi~zistnrtorof Dadraar~d Nagar-Aveli to the Prime
'Mi?zisterof India, dated the8th December,1958, with itstwo enclosures:
I)Report of the Administration of Dadra and Nagar-Aveli,
clated Kovember, 19j8
2) Copies of the rcsolutions adopted by the people of the
enclaves and tl-ieir Kational Assembly.
Liberated territorieof
Dadra and Nagar Aveli.
8th December 1958.
Shri Jawakarlal Nehru,
Prime >finister,
Government of India,
New Delhi.
Dear Sir,
\Ire have the honour of enclosing a copy of the report the Adminis-
tration together with the copies of the resolution~vhich the people of
Dadra and Nagar Aveli have passed from time to time. Once ag?'in we
request the Government of Indin. to consider the incorporation of our
Iiberated territory into Our Motherlansothat Our people may share the
common heritage of economic and material prosperity.
The people of Dadra and Nagar Aveli cannot understand why the
Government of India does not respond to our requests made on so many
occasions.We have put an end to Portugiiese colonialism and hüve set
an example of self-heip on a grand scale ayou can see from our report.
We have the right to demand integration with our mother country. We
detnand, Sir, that tliis precious right be not denied to us. We express
thereforethe hope th-dt soon your Goverriment ivili decide to listeto
our requests and thus end oiir anguish.
Long live India.
The Administrritor ,
(Signedl A. FURTADO.
(Seal.) (Enclos~re No. I)
BEFOKE AND AFTER THE EIBERATION
On the fourth anniversary of the inauguration of the Gram Panchayat,
the Administration feeIsthat itshould present to the Varishtha Panchayat
and to the people a report on the progress achieved during the four years
of the new Administration. Furthermore, Goans and inhabitants of
Daman and Diu who are still languishing under the Portuguese rule,
have in their minds questions that one often hears l :"In what manner
has new Administration contributed towards the welfare of the land and
its people? What is the advantage gained by thc present adminis-
tration .in relation to the Portuguese administration?" To answer
these questions isthe first objective of this report.
The other objective is to present the plansfor the future. The adminis-
tration believes that the people are aware of the great difficulties which
face the administration. The Portuguese have exploited the land and
leftit undeveloped. To corne out from this state and to give the people
a decent economic and cultural standard is a task which cannot be
achieved rvithout help from Mother India. Therefore, ihe satisfaction of
economic ambitions of the people like the realisation of their political
aspirations are dependent upon the decision ofthe Government of India
to accept the incorporation ~vhichthe entire population of these enclaves
have unanimously demanded in alrnostevery publicmeeting. The Govern-
ment of India has ignored these demands and created to the people
unnecessary hardship and frustrations. The Administration is, therefore,
reluctantly compelled to cal1 for further sacrifices and for patience and
hopes that the people will willingly make these sacrifices in the cause of
the total liquidation of Portuguese colonialism, thinking that a large
part of their brethren are still rotting under the Portuguese subjugation
in most humiliating conditions.
l See Appendix 1. ANNEXES TO REJOIKDER (F NO. 117)
783
The third objective of this report is to answer some questions which
have crept up in theminds of some people as a result of a fascist campaign
by Ourformer imperial ruIers against the people and the new Administra-
tion of these enclaves.Itis hoped that a factual account of the struggle
and of the efforts made to achieve a steady progress in this devastated
land will show how utterly ridiculous are the lies which are being con-
stantly spread by the fascist Dictator. 111this connection the people of
Dadra and Nagar Aveli are deeply indebted to their brethren in London
for having published the "Report of the New Administration of Nagar
Aveli and Dadra before and nfter the liberation from Portuguese coloni-
alism". So fhey are to MT. Anthoney Wedgelvood Benn, Member of
British Parliament, and to his colleagues for having taken a keen and
syrnpathetic interest in the affairs of Portuguese colonies in India and
to al1 those who from far away lands have been giving constant encour-
agement, see Appendix II.
This must bc the smallest state in the world where the people, un-
hindered by an oppressive bureaucratic control, can participate inthe
running of the Administration, as no-where else. The Administration
thanks the cooperation and understanding shown by the people in the
difficult task of achieving a social and economic justice in this land,
where onIy exploitation and corruption prevailed, and in the name of
Freedom, for which the people have made so many sacrifices, hopefully
asks for increased cooperation so that in a shortest possible time a
progressive economic and social system, which is the basis of the political
freedom, may be established. Dadra and Nagar Aveli were liberated €rom the Portuguese yoke on
z~st July and 2nd August 1954 respectively. It may be easy to achieve
freedom; but to win a victory in the economic sphere is difficult. The
road to economic recovery and social regeneration is fullof obstacles.
Three years are but a short çpace of time to mark the progress in a
territory lvhere there was none. Mean~vhile,various improvements can
attest the fact that freedom from the Portuguese domination has been
fruitful. If we compare what has been done at the time of the Portuguese
with what has been achieved later-even assuming that the new -4drninis-
tration has not achieved anything new-the fact that it has contributed
iowards the creation of an atmosphere of human dignitp, which was not
known here. This would be an achievement by itself.
The ttvo territories of Nagar Aveli and Dadra, enclaved in the districts
of Thana and Surat, in the Indian Union, have a combined area totalling
489.58 Km. According to the demographic census of 1950 the total
population is41.523. spread over72 villages with ten administrative units
under Patel-Thalatis. These units are: Amboli, Canoel, Carchonde,
Dadra, Dapara, Naroli, Quelaunim, Randha, Silvassa and Sindonim.
The Census of 1950 gives the followingreligious groups: Hindus 40,492;
Christians 861; hluslims, 159 and Parsis, II (at present zj). The in-
habitants of Nagar Aveli are divided into the following castes: Dubla,
Chimpas, Capri, Ders, Batelas, Chamars, Bhandaris, Rajputs, Dhodias,
Varlis, Konkans and Macranis.
The two ei~clavesprescnt a fascinatinganddiverse dernographic patterri,
displaying different hues. The various castes are at differcnt stages of
economic and social development. For esample the Varlis are very
backward economically. Thcy have been cruelly exploited in the past
and they have the fright of the whip and the police while the Konlcans
are progressive people and sociaily quite advanced. Dheres and Cliamars
who occupy a lower rung in the social order are very industrious and
energetic. They have more intirnate contact with Bombay where most
of thern find work. They are imbued with a desire to raise their standard
of living. As remarkable example of their spirit of self-l-ielp,Deres handed
over Rs. 7001- to the Administration for instituting a prix to bc
awarded to the best student belonging to their caste. The economic,
social and cultural contacts of the inhabitants of tlie ericlaves have
always been with the inhabitants of tlie adjacent and contiguous Indian
territory. Both racialiy and economically they are in no way different
from their brcttiren of Indian districts. The majority of these inhabitants
belong to tlie schedulecl tribes ofarlis, Kolis or Adivasis.
Throughout the colonial era tlie Adivasis and other backward tribes
were rutlilessly esploited by the Portuguese officiaisand Saucars who
were in alliance with the coloiiial rulers. Like the birds of prey they ïvere
sucking the blood of innocent and down-trodden people. To this rnust
be added the rulers' alliance with the Saucrtrs who, in the opinion of a
Portuguese Governor-General of Goa, "exploit tliem (the adivasis) by
lending tliem seed, foodstuffs and money to pay therent and at the time
of the harvest lvl-iensettlinaccounts go off with the lion's share". The
handful of saucm have tafen possession of two thirds of tlie lands in
Nagar Haveli by means of illegal deeds drawn up witliout any Eearof orcheck frorn the authorities. The oId Administration permitted the mer-
chants and Saucars the use of two different measures, a small one to give
and a bigger one to receive grain etc-and nobody seemed to see anything
strange in this incredible exploitation of the adivasi. State and Municipal
lands were given on long leases to the saucars who sub-rented them to
the cultivators. ECONOMIC AND SOCIALCONDITIONS UNDER
THE PORTUGUESE
In 1886 the Portuguese Agronûmist Lopes Mendes published abook:
"Portuguese India", in wliich he recorded his impressions of Nagar Avell
and Dadra: "Since 1783 to 1785, during which period this region was
taken over, right up to 1865,when we visitcd it, nothing was done there,
which might show evidence of Portuguese rule, except the building of
houses for the military commandant of the Pravince."
Mr. Mendes ~vrites"The territorynot only lacks the firstelements for
moral advancement, but it also hardly feels the beneficial action of the
constituted authority. Nevertheless the revenue books show that more
than two-thirds of the state revenues in Daman constitute the proceed;
of the revenue of Nagar Aveli, and that the major portion of the daily
commodities consumed in Daman (by Portuguese Officials in the town)
comes from that region. The entire supply of rice, goats, oil, poultry,
eggs, butter, timber, firewood and other essential commodities toDaman
is brought from this tcrritory."
After liberation a few Portuguese secret rep0rt.s came into the hands
of the New Administration-some of them written by Portuguese Ad-
ministrators who werc not quite happy with the state of affairs in Nagar
Aveli, and yet powerless in face of the will of the Central Government
to do anything about the systcm of exploitation that was gradually
being evolved there. Mr. Antonio Anibal Passos, Portuguese Forest
Engineer in charge of the forests of Nagar Aveli, described the cxisting
system in his report of 1951 : "The Patels or rather the agents of the
Administration are spread throughout the territory and work amidst
a primitive people. No wonder that before long they becarne small
feudal barons. But besides the Patels there are also other notables-the
Saukars. In Nagar Aveli the Saukar or village banker is an important
concessionaire who has not sprung up from among thc +rlis but has
come from outside, enjoying a different status of civilizat~on and com-
manding cvcrything with his capital. The Saukar is a very important
personage for the Varli; he provides him work, iends him money, seeds,
etc., and, as inal1other backward areas, he is a farmer and also a busi-
nessman. In his shop the Varli may obtain everything that he needs,
and on credit. Of course, the interest is higas usual. One may perfectly
apply to the case the saying of Eucildes da Cunha about purchase on
credit in the master's shop in Amazonia (Brazil): 'Here, paradoxically
the man works in order to be enslaved'. The Saukar has a very humble
aim-lo pssess al1that helongs to the Varli. He will take Varli's land,
cattle, carts, turban, shirtand loin-cloth, and still we shouid not think
that the Saukar is inhuman, for he can also demand his skin.
"This has been the statc of affairs in Nagar Aveli for many decades:
on one side, the Patel, representing the supreme master, the State; and
on the other, the Saukar, representing Capital, the motive force of al1
activities. The Saukars and the Patels did not fight each other as two
Relatoriodo Servicodo Fornento do Concelho de Nagar -4veli1951 bantam roosters; both had their own spheres of influence, and they
iinderstood each other well."
Poultry and goats were forcibly taken away from the peasants, not
only for the persona1 consumption of the authorities and their friends,
but also for salc in the town.Or] the rare occasions when they were paid
for, the price was only haIf that prevailing in the market. The Report
of Secret Enquiry iield in 1953 reveals instances of spoliation of the
peasants by the Patels and mentions the Order of the Administrator
forbidding the inhabitants of CanoeI to sel1 their poultry to anyone
except to the authorities.
A kind of forced labour prevailed in Nagar Aveli. The Varlis and 0th
poor inhabitants were compelled to work "for the interests of the State"
whicli meant, for instance, working on the lands or in the houses of the
Patels. Since the house of an officewas usually in the enclave ofDaman,
the Varli recruited for forced labour was very often separated from his
family in Nagar Aveli. Many cases of 'Vete' are described in the Report
of the Patel Lira who constantly received ortlers from the Administrator
of the Taluka to send labourers: "In June, 1953, he received an order
to send to one Ibrahim Cuntli fifty labourers with their ploughs and
oxen who were each paid at As. -181-per day" (about half of the normal
pa;Zn the meantime," as someone said: "God did not forget His unfor-
tunate Varlis. He sent Goan Missionaries of Pilar (Goa) since the Christi-
anity of tlie Portuguese Missionaries was as rapacious as that of the
Saukars." They took a courageous stand and in their newspaper "Vaura-
diancho Ixit" (friend of the workers) described the appalling conditions
of the Varlis, who, for want of bread, fed themselves on roots, while the
rice which they produced flooded the markets in Bombay and Daman
at high priccs,
hlr. Passos,reporting inIgjI about their activities, writes: "As soon as
they arrived in Nagar Aveli the Pilar Missionaries were in open conflict
with the Patels and the Saukars. The fact was that those naive people
(Varlis) thought that Christ still lived in this world. The Missionaries
protested against the 'vete', the immoral and illegal obligation to work
at ridiculous wages; against the so-called purchase of eggs, poultry and
goats belonging to the Varlis at prices fixed in an overbearing manner
by the grand Moghul, the Patel. "They worked" against a background
of eggs, poultry and slave work."
Right up to the climax of the Goan Nationalist struggle the Portuguese
persisted in their most reactionary colonial poIicy. The Police Comrnis-
sioner, &Ir. Romba, not having enough policemen to check the rising
tide of nationalism, was compelled to recruit local inhabitants. He was
fully aware, as can be seen frorn the instructions he issued, of the social
repercussions of this mensure. He knew that it might improve the social
status of the Varliand, by the same token, affect the power of the Saukar
over the Varli. For these reasons he recommended that "these matters
should be conducted with the greatest care and tact".
Keviewing the matter of revenues of the Nagar Aveli forests, he
stressed: "Since 1783 to 1785, in which this Province was taken over,
right up to 1865, when we visited it, nothing wns done there, zolzich
might show evidence of Porkugzdeserule, except thc building of the houses
Inquerito, r953.788 ANNEXES TO REJOINDER (F NO. 117)
for the military commandant of the Province and for the administration
of forests (in Dadra), despite our having received even so, only by way
of land revenues, the huge sum of more than 3 million 'Xerafins'."
Here we have the art of cheating the partner. The villages wliich
should have yielded Rs. ~z,ooo/- per year, contributed more than a
million rupees in two years, without the Portuguese having returned
the amount exceeding Ks. 24,0001-.
How did the Portuguese Govcrnment look after the forest during the
first century of their exploration?
"Subjected from the very bcgiriiiing to the xvorst kind of cultivation
systern", writes L. Mendes-"the lumbering work having been carried
out without keeping in reserve, as dictatecl by circurnstances, a sufficient
number of trees to ensure a good natural regeneration, the Nagar Aveli
forests do not reveal the neceçsary growth. Wowever, the growth of
teakwood trees is so regular and normal that it offersa type of com-
parative uniformity."
"...By a mere observation on the spot supported by estimates and
date furnished by the competent department, we found that the number
of trees existing i186s rose approximately to 4 million, which according
to the current prices represented a capital of 8 million 'chirino' rupees,
that is, ~,ZO~,~OO/O 'Oeis Fortes'."
The Portuguese were therefore, in accordance with the Ietter of the
Treaty, obfiged to return to the Indian Sarkar, the income exceeding
Rs. IZ,OOO/- per year, for the self same reason that the Portuguese
demanded in 1785, the açsignment of Dadra alid other villages, because
the previous number of villages waç not sufficient to cover the payment
of the arnount agreed upon by the Treaty.
&Ir.Lopes Mendes goes on to Say: "This intrinsic value of the forest
should necessarily increase in future, because as the Kailway of Gujfat
is due to pass in the vicinity of the forests, this means of communication
offers al1 the coriditions required to ensure an easy and profitable
lumbering and transport of the foreçt produce, just as the industrial
concerns in Bombay ensure a permanent market" (Portuguese India,
Vol. II, pages 251 and others).
In short, the Portuguese proçpered in Nagar Aveli at the cost of the
forest and of the markets in the industrial centres of India, without the
beneficiaries having ever made an effort to improve the land and to
raise the living standard of the people.
"The products that can be explorecl rire many and varied-L. Mendes
continues-and considerable profits might certainly have been derived
from them if the forest departments had studied this matter, above ail,
in the surrounding areas which couid provide them data for such an
important purposc as the British for instance, ïvho have given greater
and more serious attention to the forest industry."
The Royal Commissioner, Neves Perreira, who prornulgated the Pro-
vincial Decree No. 21-A, dated the 8.1.1894, stressed iri his report:
"The present system of land development in the Pragana Nagar-Aveli
isvery far from meeting the requirements of the public exchequer; of
the most rudimentary principle of rural economy, and of the most
Iegitimate interests and rights of the settlers. On the other hand, the
forests inthat area, as well as all the other forests in this State, belonging
to the public exchequer, are in turn, affected by a very serious evil which
must be corrected and modified, lest we should lose entirely a source of revenue which, duly protected, can in the near future provide powerful
and fruitful assistance to the public expenditures, which are increasing
and becoming more pressing day by day. It is, therefore, essential to lay
the foundations of a new system for the exploration of the same lailds
and also to initiate the forest exploration, its conservation, and develo~i-
ment, in a more practical and positive manner."
If the managemerit of forests was bad, the Iand holding system waç
worse. Referring to it Horta eCosta, the Governor ofNagar Aveli in 1go8
wrote as follows: "Besides other disadvantages to ru'agarAveli, wherc
the settlers and generalIy al1 the remaining inhabitants do not possess
anything worth mentioning other than their ability to work and the
gift for agricultural taskstheir bullocks and their imperfect agricultural
implements, this system results in their only cultivating the land by the
simplest and the most elementary methods, which do not bring any
profit either to them or to their master, who is the State, and they do
this with the least responsibility and under a degrading subjection to
the Saukar, who exploits them by loaning to them the seeds and the
commodities for their suçtenance, as well as the money for paying the
rental, and who at the end of thc harvesting tirne, and \+-hilesettliiig
accounts, gets from them the lion's share:
"Being eternally a debtor of the Saukar, once he is depended and
always will depend on thelatter,the settler is unable to settle himself, and
does not learn new things; he has no attachment to the land which he
has reclaimed and tilled, because it does not belong to him, and where
he does not even enjoy any right of a permanent nature."
Such crocodile tears have been shed in abuiidance from the earliest
times up to the time of the last Portuguese adrniiiistrator. Going through
the secret documents, one finds in a note addressed by the Police Commis-
sioner, Mr. Komba, the following advice concerning the recruitment of
the Varlis in the police department:
"One should have enthusiasm, patience, prudence and tenacity
so that this attempt-the only one which, in the opinion of this
Commissariat and under the present circurnstances, may remedy
to a certain extent the shortage of personnel-may not füil, inasmuch
as itwiIl have social repercussions not only amongst the despised
varli caste, which may receive a stimulus for improving its social
level, but also in the ranks of thosc who have been exploiting it
throughout tlieir lives.
This will, to a certain extent, help towards the liberation of
certain Varlis from the tentacles of the Saukars.
Consequently, thece matters should be conducted with the
greatest care and tact."
This is the hidden resolve of the colonialists: to employ deceitful means
to maintain the indigenouç population under subjection, and in particular,
to do away with everything that may contribute to their emancipation.
In 1951, almost a century and half later, the Forest engineer Aiitonio
de AnibaI Passos, was specially appoiiited Administrator of the Nagar
bveli Porests. Heing a gifted writer and possessing, to some extent,
intellectual honesty, as the local population would put it, Mr. Passos
reviewed the work of the administration. In his officia1reports to the
Goa Government, he made a study of the past of Nagar Aveli and paid
tribute to the best Portuguese administrator, who worked there-
Lindorfo Pinto Rarbosa. It isworthwhilc reading some passages from one of his reports, "The
Nagar Aveli territory was handed over to us bp the Maratha on the
zznd July, 1785 ... More than a century had to elapse before the task
of a regular exploration of those woods could be taken up in hand. In
1894, the Pragana was visited bp the Governor-Geiieral of India, Coun-
sellor, Rafael de Andrade accompanied by the Director of Public Works,
the Crowri and Kevenue Attorney, the Forest Engineer, Mascarenhas
Galvao, and other3. This visit resulted in the appointment of the Ad-
ministrator of Pragana, of his Secretary in the Daman Government,
Lieut. Lindorfo Pinto Rarbosa, who was the brother-in-law of the
Director of the Revenue Deyartment, which fact faciIitated his bureau-
craticwork. Ris choice meant the fulfilment of the motto 'The Right Man
in the Right Place ...'."
"In 1894, the Regulation for the explorrition of the forests was pro-
mulgated, and though reshaped and improved it remained the same as
the Provincial Decree 21-A, dated the 1st February 1897, which was
still in force, in theory. By virtue of thisenactment which \vas considered
a perfect one at that time, Lindorfo was at the same tirne Forest Ad-
ministrntor, Civil Administrator, and Military Commandant, In the
first-named capacity, he was directly uiider the Governor-General and
- the Revcnue Uepartment, and in the lüst two capacities, he was depend-
ent on the Government of Daman,.."
"Lindorfo worked very hard and in 1897,i.e.,a few months after the
promulgation of the Decree 21-A, he prepared his mode1report. In 1899,
probably because he might have had some friction with the District
Government, or probably for some other reason, he succeeded in getting
a new act published, which placed him, under every aspect, directly
under Goa. And if he was an efficient officia1to whom Nagar Aveli is
entirelp indebted, itis likewise true that he \vas an absolute ruler, who
adrninistered with an iron hand. Those wishing to study the requirernents
of Yagar Aveli, will find, in his work, valuable data for reference. Ex-
ploration of the forest, introduction of agricultural services, worthy of
the name, industrialization, agricultural credit, etc,... He dealt with
eïerything. The installation of a large-scale State owned Saw-mil1 at
Uapara, which at that tiine cost the fabulous suin of 80 tl-iouçand Rupees,
is due to him. He iç also accused of trying to smash a "illori", uncle of
the deceased Pratamsing, of the Valugao forest."
"By one of the Orders-in-Council, issued by the Governor Horta e
Costa, the various services were concentrated under the Militsry Com-
mand of Pragana, which further consolidated the powers held byLindorfo,
see Apendix III. And these powers were very great indeed ... In the
Officia1Gazettes of that tiine, which carried a news section, one can find
a sample of the prestige which he enjoyed, by reading items describing
his returns fro~nGoa or the arriva1 of some Governor-General. The Raja
of ilbarampur rised to send his eleyhants toVapi to receive his illustrious
guest, or colleagile-the European Raja of Nagar Aveli. In 1910, the
Republic was proclaimed, and the judge, Dr. Couceiro da Costa, was
appointed Governor-General, and he immediately dismissed Lindorfo,
whose post was, by law, held by a person trusted by the Governor."
The administration of Nagar Aveli was in doldrums. Indeed, immediately
after the adoption of Republican form of Government in Portugal,
the Governor and the privileged people of Daman started clamouring for
the return of their "pasture" to them but the position was not changed tiil1920, when the designation of "Military Commandant" of the Ad-
ministrator of the Pargana Nagar-Aveli was cancelled (a sign of the end
of Monarchy) and he was made a subordinate to the Governor of Daman.
Naturally the Pargana was again treated as a taluka of the District of
Daman and was run under the advice of the Governor. This retrograde
step Ied again to the exploitation of the,local produce and population.
The Nagar-Aveli produce of rice and timber found its way out to Daman
and other territories. The Warlis came back under the thumb of money-
lenders. They found no outlet from this oppression. However they
struggled and sought help from the Warlis of neighbouring Indian
districts. The rich were getting richer and the condition of the masses
remained miserable.
The reports show how the old order or disorder prevailed in Nagar
Aveli, where the trees were sold by auction when it was not cven ascer-
tained whether they cxisted or not. And the tradition was maintained.
Trees robbed; administrators against whom inquiries were conducted;
fantastic auction-sales, and the population plundered. In those days life
in Nagar Aveli was so easy that a Secretary of the Revenue Office, by
name of Ascanio Mascarenhas said in his report to the District-Govern-
ment: ";. . I am of the view that this Taluka isa gold-mine or a land
which can yield a great deal to the State. 1 am greatly astonished that
paddy and vegetables are produced without rnanure or fertilizers. Here,
everything co~istitutes revenue for the State-timber, firewood, bamboos,
branches, and even leaves, Aowers, barks, roots, charcoal,ashes, paddy-
straw, 'Carvi', 'Cutor', 'Cachar' etc.I am not aware that leaves, ashes
etc. can be sold in Goa." AI1 this brought profits to the State wkich
enjoyed that wealth leaving the population more miserable, and poorer.
We have already seen how the State machinery functioned. Side by
side with the State in Nagar Aveli, the sub-Estate of the Patel and
Saukars flourished. Indeed, the main agents of the administration-tlie
Patels and Saukars-were the greatest exploiters. HISTORY OF THE POKTUGUESE
OCCUPATION
The Portuguese claim that the possession of the territories of the
so-called Portuguese India is based on "pure legal sources". In his Mernoir
on the history of Daman Mr. Antonio Francisco Afoniz describes the
so-called "cession" of Daman in the following words:
"Tristào da Cunha was able to obtain from the Government ofCambay
the cession of Daman and its fortress, in exchange for half the revenues of
the Diu customs."
The Portuguese obtained also, not srttiçfied with the "cessionH-if it
rvas really a cession- the grupebof thesame Daman, because hlr. hlonjz
.
states: "The Portuguese succeeded finally in inducing the Indian King
to grant. Daman to the Crown of Portugal, on condition that the latter
should expel ...the valiant Abyssinian, Sidi Bofeta, who with 6,000
soldiers defended the city against the entire might of Cambay. Despite
this offer, Barreto (Antonio hloniz) did not attcmpt the conquest of
Daman as he did not possess sufficient forces for the undertaking."
The "cession" of Daman was not, therefore, as the Portuguese claim,
either voluntary or real, because the donor did not reiease his hold on
the land. Likewise, his grant imposed on the beneficiary the condition of
expelling the Abyssinian warrior. In other words, it involved the grant
of a land which was not in the possesçioii of the donor! It is easy therfore
to understand that çuch grants and cessions were nothing, but plain
artifices since they constituted acts of violance or of piracy, hvhich can
never find justification in the light of Christian ethics or of the Right
of the Peoples. That thc cession or grant was a fiction, is arnply proved
by the statement made by Mr. Moniz himçelf: "In ~jjg the Viceroy,
Dom Constantin0 de Braganca having assumed the supreme command
of Portuguese India, and beiiig aware of the grant ofDaman, endeavoured
imrnediately to get back this city by force of arms." And Daman was
coi1 uered.
de matter involved therefore a barbarious method of entortions.
terror and death, which the Portugusee employed for comrnitting ail
kinds of excesses. For instance, with the cession of Daman the Portu-
guese had to surrender half the revenues of the Diu customs. AI1 know
who collected those revenues, and al1 are in the dark as to whom the
half of the revenue might have been given. This is crilled "pure Iegal
sources" ... according to the Portuguese political law. Even though
Pacts and Treaties are to be respected we take the liberty to ask: "Can
it be that Portugal is not bound to observe her Pacts? History records
that Portugal made the Yact of Succession with Spain by virtue of
which, Phillips of Spain ruled over Portugal. But Portugal abrogated
that Pact by expelling Philipç from Portugal and put an end to the
"captivity" of 60 yearç. Ifthis is so, why does Ur. Salazar adopt the
double standard?
The Portuguese occupied Nagar Haveli on June IO, 1783, and Dadra
on July 22, 1785, alleging that a Treaty had been concluded between
Portugal and the Maratha Government on December 17,1779. Strongthe people brought under their domination. In contrast, the enlightened
colonising power,like Great Britain, always contributed to the economic
development of inhabitants l.
Rodrigo Jose da Lima Felner in the "Noticia Preliminar of the Lendas
da India" gives a very graphic account of Portuguese imperialism:
"Fie shall confess, obeying the inner voice of the conscience that the
conquest of India feels us with repugnance and horror because of the
injustice and the barbarity of the conquerors, the frauds, the extortions,
and sanguinary hütreds. Perfidy presiding ai alrnost al1 Facts and
negotiations, the entire cities destroyed and delivered to flames, in the
light of the fire and.dreadful dazzle of the artillery, the soldier trans-
formed into a heartless executioner after the victory, hacking al1 men
into pieces, murdered wornen, breaking the bones of children in their
mothers arms, and the conversions to Christianity serving as a
transparent veil for greed: These are the dreadful pictures from which
we should like to turn away our eyes."
The Portuguese historian Oliveira Martins records liis opinion of the
first Portuguese Viceroy of India thus :-
"Il Francisco de Almeida went up the coast of India, leaving behind
him a trace of ashes and blood which evrywhere announced the passage
of the Potuguese."
The same historian describes the life in Goa as fo1lows:-
"In Goa, the capital, the life is a combat. There are battles on the
roads, and unburried corpses. Even insides the churches shots areheard,
men are seen falling victims at the assasin hands. Sarrage anarchy pre-
vails and surely the natives lamented their evil fate which condemned
them to suffer to so many cruelties 4. This is the real record of the
Portuguese in India. The world has only to read Portuguese authentic
history to disabuse their minds.
The Portuguese not only inflicted physical cruelities and mental
torture on their subjects but they initiated a ruthless campaign for the
supression of the indigenous language. In 1749, the Archbishop Frei
Lourenco de Santa Maria took upon himself the task of destroying the
Konkani language by issuing a proclamation to the effect that "in the
island of Goa, Bardez, and Salcet those who do not know the Portuguese
language would be forbidden to get married". A distinguished Portuguese,
Cunha Rivara wrote the following words in his historical essay of the
Konkani language :
"The first hit of the conquest, Hindu temples were raised to the ground;
al1 the symbols of cult were completely destroyed and al1 the books
written in vernacular were burnt on charge and suspicion of containing
precepts of Paganism. It u7as proposed likewise to destroy every
section of the population. They did not accept Christianity immediately,
such a desire prevailed 11otonly at a particular time because even after
a lapse of two centuries. Sornebody advised rnajestically, that the
Governrnent should take steps in that direction. The fury to destroy the
Konkani language went so far as to impose "the science and the use of
Portuguese language" not only on the very people who desired to receive
l Proses by Antero dc Quental.
2 Quoted by Sardar Panikkar, hIalabar and Portliguese, pp. XV-XVI.
3 Oliveir Martin, Historia de Portugalvol. 3, page292.
4 Ibid.,page 324. AXSEXES TO REJOINDER (1:KO. 117) 795
sacrament, but also al1their closcd relatives, both men and women duIy
established by means of strict examination and careful attention on the
part of the very reverend Parish Vicars."
The Goan National Movement which climaxed in the liberation of
Dadra and Nagar Aveli was an iridigenous movement witfi its own
mornentum and background. Its principal object is the expulsiori of the
foreign rcgime which had jmposed the most ruthless exploitation on the
Goan people. The Goan resistence to thc Portuguese irnpcrialisrn goes
back to 1654 %&en ü Koman Catholic priest, Castro raised the standard
of rebellion. The more concerted and bigger challenge to Portuguese
domination came in 1787. This risingis known as "Pinto's rebellion".
There was an co~ispiracy by some priests in Goa to overthrow the
Portuguese Government. The attempt proved abortive and the ring-
leaders were arrested. Despite these failures the Goaii patriots remained
undaunted and did not submit to will of the conqueror. In 1835, a
Goan, Rernardo Peres da Silva was appointed Prefect by the King of
Portugal. The European elements resented this more and he was made
to reIinquish his post and çeek refuge in British India. Bernardo Peres
da Silva prepared an evpcdition to assert his power in Goa. In this he
was helped by the British authorities who, even provided him with
naval and rnilitary oficiers. The ill fated expeditiori however, cameto
an inglorious end. The significant fact remains that the British gave
assistance and encouragement to the Goan patriot who in their eyes
was a lawful authority, against thc European authorities in Goa and
permitted nationalist propaganda in the press and allowed men to be
recruited for the expedition.
The Ranes of Satari have been the most formidable opponents of
Portuguese rule in Goa and they made fourteen attempts to drive
the hated foreigner. The most serious attempt was made in 1852. This
uprising led by Dipaji has left a deep impress on the history of Goan
Freedom Movement. Dipaji Rane's first success was the scizure of the
Fort of Nanus in Sakari district ~vhichwas stocked with fire-arms and
, ammunition. Witli Xanus, as his headquartcr, Diyaji made sorties in
Quepem, Canacona and Hernbarbasem. Impressed with such initial
successes the people rallied roundim and the revolt assurned formidable
proportions. Dipaji's rebellion lasted for three and a half years and
eventually the Portuguese authorities were compclled to make peace
with the rebel. The Portuguese agreed to extend protection to village
institutions, abandoned repressive religious measures and granted
amnesty to al1rebels. Dipaji Kanc was awarded a sword of honour and
the honorary title of Captain.
These palliative measlires produced a temporary Iull and the people's
thirst for freedom could not be quenched. Dada Rane's revolt in 1895
and the revolt of 1912 testified to the determination of the Goans not
to rest content till their land was free. During 17th, 18th, 19th and early
part of the noth century the freedom movement assumed violent forrns.
The pattern of the ~iationalist resistance underwent a radical change
with the emergence of Mahatma Gandhi on the Indian scene. The Goan
resistance assumed a non-violent character in 1928 when the Goan
National Congress was founded by Dr. Tristao Rragana Cunha. The
Goan newspapers Pradipa and Prakash began to arouse the people.
From 1928 to 1946 the nationaliçts were working underground. In
rg46 the movernent carne out in the open and camyaign began for5'96 ASSEXES TO KEJOISDER (F NO. 117)
the establishment of civil libertics in Goa. Goans of al1 cotnrnunitics
defied the lalv by peacefullv holding meetings, taking out processions
and offering Satyagraha. The inte~isity of a non-violent çtruggle to
secure the elementary civic rights was matched by the violence and
ruthlessness of the authorities. The leaders of the movement were tried
by militarÿ tribuilals, given savage sentences and imprisoned in the
island fortress of Peniche in Portugal.Dr. R. M. Lohia and Dr. Juliao
iiienezes were arrested on 18th June, 46. As a protest against these
arrests a spontaneous hartai was observed throughout Goa. h meeting
called on 20th June was forcibly broken up and over a thousand people
were dispersed. During the months of June-November, 1946, about Ijoû
Goans were arrested, held in police detention for varying terms, beatcn
or otherwise subjected to the police terror.
In March 1950,Divakar Kakodhkar, a school teacher was deported
on the orders ofthe bIinister for Colonies,to CapeVerde Islandsfor holding
views contrary tothe security of tlie State. In hpril, 1950, Dr. Antonio
Furtado, the Administrator of the Village Communities in Goa sought
asylum in Belgaum, following his refusa1tosigna dedaration denouncing
Mr. Nehru's stateinent in Parliament. The movernent received a fresh
impetus in 1953 when the Goans realized that the promises of the Portu-
guese Government for a Xew Statute and Autonomy held no future for
thern. They were only designed to lu11them into inaction. The battle for
emancipation was reilelved with grcater vigour. In February 1954, Dr.
P. Gaitonde, a prominerit surgeon of hlapucawaç suddcnly arrested despite
the absence of any provocation on his part. The charge against him was
that at a dinner party he protested (using the words "1 protest") to a
statement by one of thc speakers that Goa was a part of Portugal. Dr.
Gaitonde and his wife were deported to Portug~l within five days of his
arrest and without any trial. He was to stand trial later bcfore a Nilitary
tribunal in Lisbon under charge of subversion of the Portuguese regime
in Goa.
The arrest and deportationofDr. Gaitonde engendered strong criticism
against the Portuguese from cvery quarter in Goa and from tIieGoan .
community in India who voiced their denunciation of the Portuguese
at mass meetings and demonstrations. A hundred prominent Goans in
Bombay led by Prof. Soares, Prof. Correia Afonso and others issued a
3,fanifesto condemning Portuguese rule and calling on the Goaiis to
"free thcmselves and unite with India". The renewed phase of the
movement was no longer for civil liberties but one of open denunciation
ofan autocratic and out-dated colonial regime. The symbolic forms of
the movement now were:
(a) the hoisting ofIndian flags throughout Goa as an indication of
the desire of the inhabitants for freedoin and merger with
India, and
(b) the \vide distribution of "Quit Goa" posters and hand-bills
throughout the country.
From the month of February, Igj4, onwards numerous instances of
such activities were reyorted throughout Goa.
On the 18th June, 1954, over forty arrests were reported including
those of Advocate Gopal Kainat, Advocate Padurang Nulgaokar,
Dr. J. F. hlartins, Nanda Gaitonde, a brother of Dr. Y. Gaitonde, and
Shankar Dessai, n school teacher. The arrests were accompanied byhouse searches and interrogation of numerous persons throughout Goa.
Many Goaris fearing arrest by the Portuguese sought asylum in India,
including Dr. Nachinolkar, Armando Pereira, Prabhakar ilalal, Evagrio
George etc. For further account of Goan Nationalist ,Movement, see
Appendix IV. In the police archives of Silvassa some confidential
circularsfrom the Police CentralCommand at Goa to various police posts
have been traced. From the detailed instructions given to the police and
the number of lists of suspected Goans one can imagine the magnitude.
of the naiionalist movement that followed the 1946uprising. The Police
'6d civil authorities were constantly reminded of the need for their
intimate CO-operation" for compilation of full lists of nationalists. The
circular no. 31/33, December 23, 1948, instructed the authorities to
"expedite the compilation of lists "and to carry out this task the police
was again, on July, 1949, instructed not to hesitate "to search, detain
etc." any individual whom they suspected, see Appendix V.
The circulars also reveal the tremendous impact made by the independ-
ence of lndia on Goan movement. To ciirb the people's enthusiasm
created by this historical event police were authorised "to act with
firmness-even with violence-at the slightest sign ofan attempt at
disobedience of the Laws", seeAppendix VI.
Between the 25th August 1947, and 20th August 1957, over zoo
"despachos" (ordinances) were published in the "Boletim Oficial",
banning the circuIation on entry of Goan newspapers and publications.
Besides, there were various confidential circulars, such as no.
FC-682/TE 124,dated 4th November 1949, by which newspapers agents
were personally and individually notified by the police that they should
not handle any foreign publications which spread "false and tendentious
news about Goa and Portugal". If they did, they would be arrested,
summürily tried and sentenced, under article 22 of Decree no. 27.495
of 27th January 1937, to years of imprisonment.
However, "propagation of subversive ideas" was done "through medium
of theatre, specially by those that make a tour of the countryJJ, athe
circular of 11th February 1947, states. Under this circular the police
u7as ordered to stop any performance which was found to be "of a
vexatious nature to the Portuguese Sovereignty", see Appendix VII.
But the circular of 1st September 1950, acknowledges that "intense
propaganda is being continuously carried out" and concludes: "This
Command desires that at the slightest attempt at disobediencc of the
1awsthe Police should act with firmness or even violence, there should be
no hesitation in inaking use of arms", see AppendixVII1. Similar instruc-
tions had already been issued on the 17th June 1950, and at other times.
To cope with this situation the police was constantly put on the alert
and their leaves cancelled as can be seen by circulars which were issued
to the police from 1946 onwards. See Appendix IX.
~ATIONALIST MOVESIENT IN DADRA AND NAGAR AVELI
Lopes Mendes says iri l-iisbook, "A India Portuguesa" (ChapteX) that
after the Portuguese had taken over Dadra and Nagar Aveii in r78oJç,
there were for many years "constant and violent disputes with Kaja of
Uhararnpur" who was the King and leader of the people of these enclaves
and surrounding regions. But tlie modern anti-coloniaIist stniggle began
with arriva1 of Carlos da Cruz, n Goan, who was appointed teacherin the Portuguese School of Silvassa in September 1930.After assuming
his functions of teacher, he immediately started the publication of a
nationalist newspaper, Snndalcalo. As a consequence of his nationalist
activities he was soon dismissed from his post, September zgtli, 1932,
but D'Cruz continued his activities supported by Goan Xationalist
Movement. Hc had, indeed, intimate connectionswith the Goan National-
ist leader,T. B. Cunha.
After tlie liberation many documents have been traced in the Police
post of Silvassa, which reveal the fact that hiç activities were closely
watched by the Police. An almost complete file of his nationalist activi-
tiesis available from the grd, January 1953, when the police threatened
him "to take care of himself" and his activities began to be clcisely
watched by the police, sceAppendix X.His keen intereçt for the deyressed
classes of Varlis, who were being esploited by the Portugese Civil
Servants and Police, won him rigreat sympatliy ofthe people of Nagar
ilveli. His constant exposure of the corruption that prevailcd in Nagar
Aveli compelled ttie Portuguese Government to institutc forma1enquiries
into the conduct of various Civil servants. He became "tlie famous
nationalist lawyer" after the enquiry of January, Igj4.
Later Shi N. G. Choubal, the present Sar Panch of the Varistha
Yanchayat, joined da Cruz and his activities were also being clo~ely
watched by the police. There arc several notes in tlic police archives of
Silvassa specially ofJune 1954,which give ail idea of the efforts macle
by tlie police to trace the connections of Choubal and other associates
of da Cruz, see Appendix XI.
The 1946 Goün Satyagraha had its repercussions iii Dadra and Nagar
Aveli. Indced, in a special confidential note, no. 69 dated the 12th
December, 1947 he Uistrict Commissioner of Xagar Aveli warnecl the
Chief of Police of Silvassa afpolitical meeting that would takc place at
the reçidence of Vanma Liguela, and instructed himo "take the neccssary
steps to enter by surprise in the meeting and to seize al1 the papers and
documents and also to arrest, both the outside and the local elements
present, and to detain them until all the necessary information has been
elicited from them", see Appendix XII. The District Commissioner in
his note no. 75, of the 15th December 1947, gave a similar warning
regarding another meeting at the residence of Narana Gapatrau, see
Appendix XTII. The police was instructed to disregard the ordinriry
procedure of criminal law and carry out surprise searches of houses of
the suspected people, see Appendix XIV. Tlie police was constantly
put on the alert, as can be seen in various letters from the Commissioner
of Damao to the Chief of Police of Silvassa, namely, letter no. IO~TE,
dated 25th January 1952.
As early as June 1953 the police was keeying a close watch on Goanç
entering Nagar Aveli, as can be seen from somany confidential circulars
sent by the Commissioner of Damao to al1Chiefs of police posts of the
enclaves. A confidential circular o15 June 1953, begins: "It is evident
that it is the intention of the enemies of the Portuguese Sovereignty to
infiltrate their elements into the territory Nagar Aveli with the aim
of disquietening the rural population, by suggesting to them ideas that
are contrary to the order and obedience to the Portuguese Government."
And it concludes: "Action should be prompt and fast making use of
arms, if necessary" (to arrest tliese individuals), see AppendXV.
At the beginning of rg54 intensive nationalistcampaign began in Nagar Aveli. Goan Xationalist leaders, such as T.B. Cunha and Peter
Alvares, arranged public meetings at Vapi which were attended by
peopIe of Dadra and Nagar Aveli, see Appendix XVI. The police began
to carryout a diligent spying service near the frontier and large amounts
were spent by Police to obtain secret political information as revealed
in the expenditure notes of April and May, 1954, namely, one dated
15 May, 1954. Indeed in the police records of Silvassa there are many
letters reportiiig various public meetings held near the borders of Nagar
Aveli, such as one dated 17th May 1954. in which the police reports that
a public meeting attended by over 2,000 people was addressed by Jai
Prakash Narain, the Indian Socialist Leader, but the letter adds that
in that meeting "nothing which may bc the concern to Portuguese
Government was discussed". There are also various reports about the
Indian police activities near the border, such as telegram 221/2,dated
the 13th March, 1954, and a letter dated 1st June, 1954. see Appendix
AIv LI.
The police in Nagar Aveli began to take precautions and recruitment
of additional police force began early 1954. see AppendixXVIII. But to
avoicl any panic amongst the people of Nagar Aveli, the recruitmentwas
done secretly. The trained recuits were formally ciismissed and sent as
civilians to Dadraas can be seen frorn a Ietter dated the 17th April1954,
and the new recruits were trained secretly inside the police post of
Silvassa, see Appendix XIX. There are several letters from 11th June
1954 to 9th June 1954 about this peculiar way of recruitment. However,
ina Ietter of 11th June 1954, thdhief of the Police of Silvassa wrote
that it was impossible to recruit 250 men, as planned. Consequently an
intensive secret recruitment began in Goa, from where the recruits were
sent to Siivassa. Many lists of such recruits are availabin the archives
of Silvassa-one dated 26th June 1954 ,as 517 people, other dated 28th
June 1954, has about So people and anothcr dated 5th July 1954, has
65 people, besides many others with small numbers of recruits. A secret
re-organisation of the police was undertaken where jtwas suggested that
total police force of Nagar Aveli of 339'should be further strengthened
to make 620 men, see Appendix XX.
Arms and ammunitions were also increased and their more efficient
distribution was ordered by the Chief Commissioner of Damao to the
Chief of the Police of Silvassa, in his lctter May 1954, and in his des-
patch No. 8, presumably, dated 16th JuIy, 1954 (the document is very
badIy damaged).
For sorne time Goan riationalists were planning the liberation of
Dadra. Some wanted to do this peacefulIy by bribing the small Portu-
guese police force; others wanted to resort to a direct action. The means
of bribing would of course takc a long time, though it was said that the
chief ofthe Chowki had agreed to leave Dadra.
It witl be recalled that Francis Masceranhas, Warnan Desai and
others of the United Front of Goans had been invited to Daman ostensi-
bly for negotiations, but on their arriva1 there they were threatened,
jailed aiid finally releaSed. In Jul1954, this same group with the aid
of other Goans sought the liberation of the enclave of Dadra. They
entered Dadra on the night of the 21st July and after a short and con-iusing conflict between the Portuguese Police and the rebels, the chief
of the Dadra Police Chowki died, while he was trying to shoot the
revolutionaries witli his machine-gun, which had injured one of the
rebels on his arm. The machine gun which was not properly handled got
jammed. The nationalists availing thcrnselves a break in the firing
entered in the Police Chowki ai z A.M. on the zznd July 1954 under the
leadership of Francis Mascarenhas and took over the administration of
Dadra. Officers of other villages surrendered during the day of the zznd
July 1954. A detailed description was given by Mr. Jayant Dessai,
member of the Varistha Panchayat, see Appendix XXI. As soon as the
people realised that the Portuguese domination had been wiped out,
they rushed to the streets and cheered the liberators, to tiie cries of
'Jai Rind' and 'hzad Dadra-Zindabad'.
The news of the fa11of Dadra created panic arnong the police of Nagar
Havcli. Had at that very moment the nationalists marchecl into Kagar
Aveli, its administratio~i would have surrendered. The confusion that
was reigning there at that time may be seen in the offrcialcorrespondence
-public service was paralpsed and the authorities were in fearful panic.
But the delay gave the Portuguese authorities enough time to prepare
their resistcnce, training police brought from Goa in disguise. On the
other side, arms and ammunitions were more efficiently distributcd.
On 29th July 1954, when it was little expected, Naroli was freetl by
its inhabitants. The Portuguese prepared their defence in the Police
Heaclquarters. The Portuguese were in such a panic-striken condition
that they had no clear idea of the situation. Meanwhile the bonfires (the
so-called atom-bombs) were being constantly fired. The Portuguese sent
their spies to see the situation.Most of them were Varlis (adivasçis) and
though they helped the Portuguese Administration, they hated it and
informed the Portuguese police that the group of nationalists was
followed by thousands of local varli people.
The Portuguese decided to run away via Khanwcll but were held up
due to the swelling of the river Daman Ganga. When the waters had
subsided, the Portuguese crossed the river Daman Ganga near Racoli
and reached Khanwell, where they rcmained for three desperate days.
Some days after when the Yortuguese were desperate and confased
and having lost every hope, they decided to run away l. Silvassa was
freed on and August 1954. Nagar Aveli was liberated.
'There might have been some private reasons for. alenst,some policemen
to get away from this hopeless and confused situation.ndeed, the sub-chefe
Pegado had been pestering Indian Consul in Goa tgivea permit to hiswife to
go to Bombay for treatrnentaccording to thetelegramfront Sill-asNo. S1-502/
Ti21 of 28thJune, 1954. ln the iiberatioofiDadra and Nagar Aveli, a large quantity of arms
and ammunitions were captured, see Appendix XXTT, which have ~iow
bcen distributed to the new police force. Soon after the liberation Mr.
Lawande invited civil servants and the public in general to meet hjmai
the Police Post of Silvassa on the 2nd August 1954. At the meeting
&Ir.Lawande requested the civil servants to continue in their posts. The
offices re-opened on theth August 1954 and Mr. Lawande as a Military
Commander took over the civil admiriistratiof the enclaves. However,
on the 15th August 1954 a public ceremony was held to commemorate
the date of independence of India. At that ceremony Mr. Lawande
announced the abolition of thesystem of veteforced labour, and declared
that al1 debts of adivassisto the Saukars were nuIl and void, that the
minimum wagc of a labourer would be Rs. 11- a day. He also stated
that he would leave the enclaves in order that he may continue the work
of ljberation of thc remaining Portuguese enclaves in India. On the same
day, the 15th August 1954 , large crowd of over1000 people with their
drums, tarpas, symbols etc. marched in procession and the oldest man
Nagar-Aveli, Senhor Gama, read the proclamation, see Appendix XXIII.
On the 16th August 1954, he informed to al1 the civil servants and
people that Apa KarmaIkar would be the future Administrator ofDadra
and Nagar Aveli, being thereby full and final authority of the Govern-
ment of Dadra and Nagar-Aveli. AriXEXES TO REJOINDER (F NO. 117)
CHAFTE 111
THE STRUCTURE OP THE NEW ADMINISTRATION
mie Portuguese Administration did not allow the inhabitants of
Nagar Aveli to take part in their local administration. The executive
power was entirely concentrated in the hands of the Administrator of
Nagar Aveli, uiider the control of the Governor of Daman, who had
to account to the Governor of Goa, who in turn answered to the
Portuguese hlinister of Colonies in Lisbon. The judicial functions were
likewise concentrated, in regard to petty offences liable to a sentence
of six months' irnprisonment, into hands of the same Administrator.
The New Administration has separated the three functions. The
legislative function is exercised by the Varishtha Panchayat, the
judicial by the Courts of Law, and the executive by the Administrative
Council consisting of Administrator and the Heads of the eight depart-
ments. The Administration has set up various comrnittees to carry
out its work, and they meet regularly, see Appendix XXIV. For the
purpose of the Local Administration, Dadra and Nagar Aveli have
been divided in ten "Yatelados" and these are constituted by acertain
number of villages, see Appendix XXV. The various departments of
the Administration are set out in Appendix XXVI. Unlike the Yor-
tuguese Administration, nearly the bvhole staff is now recruited from
among the people of Dadra and Nagar Aveli. Thus thc patels, forest-
guards, sipais and other minor personnel from the departments are
people of these enclaves. A few higher posts are occupied by Goans.
Staff rules are given in Appendix XXVII. Sorne notifications, circulars
and notices issued by the administration are attached as Appendix
XXVIII, to give some idea of the work which has been carried out.
The administration has yet been uriable to purchase a printing press
for the publication of its own officia1 gazette. But its notifications,
notices and circulars are publicisedy affixing them in the usual public
places and distributing them to various departments,and local organ-
izatioiis.
Soon after the liberatioii a provisional administration was set UP,
and three months after, on the 25th November 1954, a Constituent
Assembly of twenty-five members, the Gram Panchayat of Dadra and
Nagar Aveli, was convened. In 1936 with the creation of local councils,
village Panchayats, itaas possible to dissolve the Gram Panchayat
and organise the Varishtha Panchayat, with thirty-six members, whose
narnes are given in Appendix XXIX. The constitution of village pan-
chayats and of the Varishtha Panchayats is given in Appendix XXX.
Since this is the first time that people of these enclaves have taken
part in the running of their own affairs and because of the exceptionally
backward conditions in which the Portuguese maintained them, it has
been impossible to have an elected body. But the thirty-six members
have been selected frorn different classes, religions, linguistic groups
and areas, though the present representations carinot be consideredproportional to the nurnber of people of each class or as being fairly
diçtributed over the whole enclaves.
Though the Varishtha Panchayzt haç only advisory powers, the
budget is alwavs submitted for its commeiits, and notifications, notices
and circulars have bcen issued with its approval. Its members can
ask questions on current affairs of the Administration and pass reso-
lutions lvhich are implemented by the Administration. A report on
the activities of the Panchayat may be seen at Appendix XXXI, and
a summary of al1 the rcsolutions passed by- it since its constitution
are given at Appendix XXXII. Portuguese laws still continue in force,
but some of them have been modified to sbit the new conditions, such
as those relating to the Abkari, costs of law-suits, fines, and rents and
leases. The Varishtha Panchayat has, under No. 12 of its constitution,
some judicial functions which are enumerated at Appendix XXXIII.
With the increasing pace of progress in education and with improve-
ment in the economic and social conditions of the people, it will not
be too long beforc the Varishtha Panchayat becornes a body of elected
mernbers and its resolutions acquire executive force.
Under the Portuguese Dictatorship (Decree of May 22, T94j, and
Decrec-Law No. 35:22g, of December 22, 1g4j) the Presideiit of the
Municipal Council was appointed and paid by the Government. Usually
thiç post was held by the Administrator. The mernbers of the Council
were selected by the Government from among the civil servants. Today
the five members of the Council are in no way connected with the
administration, and the Presidentçhip is temporarily held hy the
Administrator in an honorary capacitv.
During the Portuguese rule the Municipal Council met on very rare
occasions, mostly to cover up some irregularities of the Colonial Admin-
istration. It \vas a body existing in law, rather than in actual fact.
Even within the short periodof four years and witli very limited resources
the new Municipal Council has to itç credit some achievements. It has
purchased an agricultural irnplcment fitted with three ploughs and
worked by a tractor. This is loaned to private farmers. It provides
free medicines to patients whose monthly income is less than Ks. 1001-.
It has also distributed free seeds and Aower-plants to the poor and to
the schools. The reading room of the Alunicipal Library is no longer
a dingy room with hardly any sprzce to keep books. The Library now
occupies a spacious hall, which has coçt Rs. 15,000, and is well lit.
The Library has now been provided with books of national and inter-
national literature, journalç and art magazines in Marathi, Gujerati
aiid Eiiglish, dealing with science and literature. A small hluseum,
with Indian paintings and plastic arts, is attached to the Library.
A new garden has been laid out in which a bronze bust of Mahatma
Gandhi has been erected, and a wild park, which at the time of the
Portuguese was known as a "garden",. has been transformed into a
rcril garderi. The Municipal Council has increased the number of lights,
both kerosene and rnantle, for piiblic lighting in Silvassa and Dadra,
and introduced kerosene lamps in Naroli and Canoel, where previously
no public lighting existed.804 ANNEXES TO KEJOINDEK (F NO. 117)
The Municipal Council has powers to pass local regulations on a
wide variety oflocalactivities. But the main sphere of these regulations
centres around weights and measures. The "Standardisation of Weights
and Neasures Regulation" of 26th December 1gj6 s given in Appendix
XXXIV, and the Circular Notice ribout "Ceira", dated g December
1957, is given in Appendix XXXV.
The Board of Municipality consists of the Administrator who functions
as President and the six non-officia1 members. For the convenience of
public, the Board has vested some of its powers on the President and
meets on every alternate Wednesday instead of every week.
In Nagar Aveli the so-called Examining Magistrate, an office con-
currently held by the Administrator, could try Civil, Commercial and
Criminal cases up to Rs. 3001- after they had been dealt with by
the Police Department. The Magistrate combined in hirnself the functions
of Public Prosecutor and Judge, despite protests made in the Council
of Goa Government. For cases ovcr Rs. 3001- people had to go to
the court in Daman. Any Appeals could only be filed in the Court of
Appeal in Goa, and from there to the Supreme Court in Lisbon. Petty
offences were judged by the Military Commander. In this connection
Mr. Passos reports "that the Governor, General de Costa, abolished
the Municipal Court and delivered this sacred thing called justice into
the hands of the local Military Commander, well-known for his ineffi-
ciency and drunkenness".
This state of affairs is now over. After the liberation the new
Administration in Silvassa established a Court with powers .ofa District
Court in both Civil and Criminal matters. By Order of the 18th Novembcr
1954, the Judicial services were entrusted to Dr. Antonio Furtado,
see Appendix XXXVI.
By Office Order No. r of the 14th December 1954, the Collective
Tribunal was initiated, sec Appendix XXXVII. On 6th December
1955, the rules for the functioning of the Collective Tribunal were
altered, see Appendix XXXVIII. On 30th June 1956, the Collective
Tribunal was substituted by the Judicial Section of the Advisory
Council, which is the supreme judicial body of Nagar Aveli, dealing
with bot11 civil and criminal appeals and with cases arising out of
the decisions of the Administration,see Appendix XXXIX.
Some of the decisions of the Judicial section of the Advisory Council
are well-known to the public. The case of Kajput Dalpat Bana,accused
of burglary and assault is given in Appeiidix XL. The usury case of
Claudio Pais v. Gopgi Dangi is given in Appendix XLI.
The Notary Public's office, which formerly functioned only at Daman,
was started in Silvassa and its emoluments were greatly reduced.
Thcre is also a Public Prosecutor to deal with criminal cases. People
are allowed to be represented in the Court by lawyers, even from India,
and to use local languages, Portuguese or English. The independence
of the judiciary is fully guaranteed. Crimes punishable with more
than two years imprisonment are tried by the jury.
Patel-Thalatis are given powers to decide petty clairns of the ildivassis
who are thereby spared the long and tiresorne journey to Silvassa ANNEXES TO REJOINDEX (F KO. 117)
S05
which they formerly liad to undertake because the Portuguese Law
was not framed to satisfy the needs of poor people. In the l'ortuguese
Courts, Adivassis were treatcd like savages; there was not the slightest
regard for them as human beings. Today they corne forward before
thc courts, realising that their rights are not at the mercy of any Patel
and that their demands will be attended to. The New Administration
has taken active measures to prevent anyone from taking uridue
advantage of their poverty and illiteracy or ill-treatithem.
JztdicialCosts Reduced.
Though the law in force is Portuguese, yet its observance has been
simplified; the expenses have been reduced to a minimum, see Appen-
dix XLII. In brief, justice has become accessible to everyone. An
instance, related by the former Administrator, Captain Virgilio Fidalgo,
will enable us to appreciate the difference between what was done
previously and what is being done now.
"A Varli, or for that matter anyone belonging to any otlier caste
with the same intellectual capacity, goes into a Government forest
and cuts out a piece of teakwood or some other tree to make a plough
or some other agricultural implement. The Forest Department may
declare that the damage amounts to one rupee, yet the act is con-
sidered a crime and the Varli is sentenced to four days' imprisonment
and to four days' fine, at Rs41- a day, and is required to payRs. 41-
to two experts, Rs. 51- to the 'Officia1Defender' (who may not Say
a word as defence counsel) and to minimum judicial costs of Rs. 401-.
The poor fellow has to pay more than eighty rupees to compensate
one rupee's worth of damage. If he doeç not pay, the bullock-cart
and the bullocks that he rnay possess will be held as a guarantee for
the payment of the legal tas and fine, and may be sold, or he will
undergo thirty days' imprisonment, the minimum punishment prescribed
for anyone who is unable to pay the tax and the fine." (Report sub-
mitted by the Administrator of the "Concelho" to the Commandant
of Police of Portuguese in India-July 14, 1953.)
At present the penalty imposed on the Varli seldom exceeds As-141-,
per day of .imprisonment, and tive to ten rupees as judicial costs,
And if he is not in a position to pay, he is allowed to work on the
farm of the Administration and redeem both his imprisonment and
fine, while remaining practically in freedom.
During the old Portuguese regirne the main sources of revenue were
Forest, Land and Abkari Revenues. But there was no policy laid down
for the improvement of the standard of living of Adivassis, and other
wretchedly poor people of Nagar-Aveli. As regards liquor distillation,
Abkari, tliere was only one monopoiist iicensee, who was paying an
annual rent to the Government of Es. zg,ooo/-, and making a net profit
of Rs. ~,oo,ooo/-, thus exploiting both the people and the Government.
The people who were kept utterly ignorant and illiterate, had no voice In
the Administration. Licences for opening toddy-shops were given to
almost any person who wanted it without any discriminatiori and there
was no control. Despite a heavy consumption and a large smuggling of
liquor theAbkari revenue was very small.805 ANSEXES TO REJOISDER (F NI). 117)
After liberation, a complete transformation has taken place within a
ï-ery limited period of 4 years. With regard to liquor, a definite and
enlightened policy of "M~x~nzuw OF REVENUE XVITH MISIMUM OF
CONSUMPTION", has been laid down and consistently irnplemented.
Consumption of weaker liquor of 42 U: P has decreased by over 33
per cent in relation to the sales of1955 and even greater percentage in
relation to the consumption during the Portuguesr: regirne-exact
figures caniiot be estimated since the h'Ionopolist licensee of the Por-
tuguese did not have regular accounts. The Courts strictly supervise the
business of hbkari which is now carefully regulated by law. The Abkari
Law has been amended by the Varistha Panchayat for three times in
.order to fil1 the loopholes, see Appendis XLIII. Thus the business of
bot11liquor and toddy is now strictly controlled in the best interests or
the people of Dadrn. and Nagar-Aveli. A progressive policy of ternperance
and of educating public opinion iii this direction by showing regularly
films on prohibition to the Adivassis is actively pursued by the
Administration. Several schools of primary education have also been set
up and beneficent results are obvious in every day life of the Adivassis.
This progressive Excise Policy has been laid down with thc coiîserit of
the people who enthusiastically CO-oyeratein its irnplementation.
The Excise offenccs rirenow investigated by-a regular cadre of excise
inspectors and the fines are imposed by the courts. While grantirig
licerises for the sale of rountry liquor and toddy shopç conditions
safeguarding the interests of the minors of tlie ignorant people, of the
general public, are inserted in theiricenses. The whole system is working
very satisfactorily.
The collectioii of taxes has been simplified to meet the needs of the
people: stamp duty, stamp paper, civil rcgistration emoluments and
other comphcated taxes have been abolished, and the Patel-Thalatis
have been asked tucollect certain taxes to save the people the trouble
of unnecessary journeys to the town. The Administration has been
granting loans in com~noditiesand in cash by means of 'Tagavi','Khauti',
and the Adivassis' Fund, and has abolished various taxes, for the benefit
of the Adilrassi population, like the paymcnt of stamps andstamp payer
and civil rcgistration chargez.Ithas also done away witli the dificulties
experienced in carrying articles or merchandise from one Patel juris-
diction to another. While drastic measures have been taken against
excesses and cocial evils, a spirit of tolerance has also been shown. It
is true thata srnalltax has been imposed on the export of bales of grass,
but on the other hand the revision of the rentals or quit-rents on cor-
cession lands-~vhich had to be revised every thirty years-has been
kcpt in abeyance, which in fact coiistitutes a considerable benefit for
the concessionnaires ïvho are today paying rentals fixed thirty ycars
ago. The quit-rents, tvhich the concessionnaires of the Statc or Adminis-
tration lands pay, amount to Rs. 93,877. The concession lands cannot
beattachedand are inalienabie, and can only be reverted to the Adminis-
tration in caseof non-payment of the quit-rent.
The services of Revenue & iZccounts have been reorganised by
reiidering them sirnpler and more practical. The total income amounts
to about 10 lacks of rupees, and the experlditure is kept within this
limit. Money allocated to some economic projects has not yet been spent,
awaiting the engagement of suitable technicians. There is no bank iii
h'agar-Aveli, but the "Reparticao da Fazenda" functions as such.Certain revenues :ire now collected by the Patel-Thalatis, in order tu
obviate the necessity of the people undertaking long and costly journeys
to Silvassa, as imposed on them by the former Administration. Today
the local population are fulIy convinced that the public moileys are
entirely used for their benefit and that the old practice of embezzling
or squandering them in needless schemes is no more.
The main function of the Police ~ommand, as it was called during
the PortugueseAdministration, was, it seems, to keey a closeand constant
vigilance on the nationalist movement and to spy on the Iiidian borders,
as can bc seen from the tremendous amount of correspondence in the
archives of the Police Post of Silvassa.
Soon aftcr the liberationof Nagar Aveli various allegations wercmade
by the hired press and Radio of Goa. At the time an opportunity was
sought for açking Vicar General, Fr. Albuquerque, as to how the rebels
had conducted themselves in the maintenance of public order. His
writteii reply, given in Appendix XLIV, exposes the false Portuguese
propaganda, that Goan volunteers had deserted the Catholic faith and
that everything was in utter disorder in Silvassa.
The PoIice force has now been re-organised. Its efficiency is amply
proved by the fact that complete peace and tranquility have been pre-
vailing in Nagar Aveli and Dadra since their liberation.
The police department put their shoulders to the wheel during the
Cholera epidemic when it was feared that itmight sweep the entire
area. In recognition of the meritorious services rendred by some police-
men duringtheepidemic, they were duly rewarded by the Administration.
Besides, some personnel of the police department were rewarded for
thcir meritorious work in arresting the notorious dacoits as well as for
special service.
Another advantage introduced by the Governor Horta e Costa was
that of postal distributioninside the villages. But during the Portuguese
Adininistration, Silvassa and Naroli alone were favoured. In this con- -
nection kIr. Passos wrote in his report:
"With regard to the postal department one has to Say, to put the
question within limits, that thcse pompous postal services undertaken
by the rural guards, were confined to the transport of mai1 from Silvassa
to the nearest population of Naroli, where a supplementary post was
set UP specially to the benefit of Mori family" ..."Without going into
thc merits of the case in those tirnes,I must say that thisservice today
has 110 justification; there iç today regular daity service of motor cars,
from Silvasça to Naroii. There is no need to impose this burden on a
sepoy-he cornes in the morning and goes back at night-in this
insignificant service, when the mail can, very well, and should be carried
by motor conveFnce, as done al1 over the world."
Since liberation, the postal distribution is done daily at Silvassa,
Naroli, Canoel, and Dadra, and Dapara, and in the vilIages, on alternate
days. Tociay there are also facilities for seiiding postal cheques, registered
letters, witli direct communication between Silvassa and Vapi. In
emergency cases the public cail use the telephone. Asfar as patients, poorpeople and urgent cases are concerned, the means of conveyance both
of theAdministration and of the missionaries of Pilarare made available
to the public.
A report by the Post-Master of Silvassa on money orders handled,
sale of stamps and other activities othe Postal Department is attached
as Appendix XLV. SOCIAL SERVICES
The New Administration has felt uriable to lay down a definite plan
of economic and social deveIopment in view of the unsettled constitu-
tional position ofthe enclaves-the integration is now dependent upon the
Government of India. Ithas, however, taken practical steps to raise the
economic and social conditions of the VarIis and of other poorer classes.
Minimum wages have been fixed for labourers :the daily wagc isonerupee
for a mari, fourteen annas for a woman and ten annas for a boy
(previorisly these lvages ranged betu-een six to eight annas). Small plots
of land have also been granted to them.
One of the first steps taken by the New Administration was to pro-
claim that drastic measures would be taken against any official who
might abuse his powers: if an employee of the Administration takes away
by force eggs, poultry or goats from the Varlis, or forces them to work
free, he is immediately dismissed. Stern measures have also heen adopted
against private individuals (such as Saukar) who abuse their influence,
for instance, the Saukar cannot cancel any lease without good reason.
In 1908 Governor Horta e Costa desired to set up free cliriics but the
scheme did not go beyond a pious intentioii. However, during the Portu-
guese Administration thcre u7crethree dispensaries in which free treat-
ment was givcn to poor patients on production of certificates from
Patels. The following table gives the position of Public Health Services;
before and after liberation:
Ycar Kumher of People Treated HealthServices
Beforc liberatiaii Paid Free Income Jixpenditure
Rs. Rs.
After Iibcration
These figures show that the Portuguese Administration spent little
on the rnajority of the poor population. Indeed, the dispensaries were
meant for treating the government servantsand for looking after public
heaIth: a few doctors who practised in the enclaves were paid by the
Portuguese Administraiio~i to look after public health in general and to
prevent and take measures against endemic diseases; bardly to provide
medical treatment to the majority of the population which was poor.
The doctors may have attendcd for onehour in the morning a feivpatients
who hrought the Patel's certificates of indigence, but their main concern
was to make money out of the povei tyof the people-they devoted their
time to private practice, with fees freely fixed by them. Visits to patients
had to be paid for.810 ANXEXES TO REJOINDER (F YO. II-)
Urider the New Administration doctors are available at the dispensaries
during the day for free exarnination and treatment of al1patients. Fees
for outside visits are controlled by the Administration and the poor
peopie are exernpted from payment.
In urgent cases of illncss patients are entitled to make free use of the
transport of the Administration asweIl as of the Goan 3fissio1iarieswith
whom a special undcrstanding has been reached.
During the Portuguese Administration al1medicines were paid for by
patients. But now, the essential medicines are free, except to people with
a monthly income of over Rs. 1001-, who pay the actual cost. Aledicines
are regularly sent to the Patels and Teachers of Primary Schools in the
villages to meet the urgent needs of the peasants and they areadminis-
tered according to detailed instructions of the Health Department.Non-
essential medicines worth about Rs. z,ooo/- have also been purchased
by the New Administration and sold at cost price. New Hospitals and
Training of Nurses.
Formerly, there ivas no maternity hospital. One has iiow beeti built
at the cost of Ks. 11,oooj-. It has eight beds and a room clesigned for
the treatment of expectant mothers, under the direction of a lady doc-
tor and a midwife. Four more hospitals are under construction at Quel-
aunim, Dudni and Sindonim and onc maternity home at Naroli. At
present there are five doctors and provision has been made for another.
Small Health Centres have been established in Naroli, Cünoel and Quel-
aunim, with an ambulance attached to each of them. In Silvassa, a
course for nurses and chemists has commenced. Students have to do
practical work and are entitled to a subsidy of Ks.301- pcr month.
'4 campaign against malaria has been organised with greater vigour,
although by 1956 it had not been producing satisfactory resultin vicw
of thc fact that most of the personnel was new to the job. A D.D.T.
squad covered the whole territory in 1955,1956 and 1957.Furthermore,
tablets of quinine, paludrine and cinchona were freely distribntcd arnong
the population through doctors, patels, primary teachers and policemen.
Public Heaith Services, including sanitation, are in charge of the
Public Health Department. A Sanitary Inçpcctor has been appointed,
whosc duties are confined to visiti~ig the villages, disinfecting the wells,
carryiiig out smallyox vaccination, training the Patels in vaccination
and similar work. In 1955the total number of people vaccinated waç
23,234 out of tvhorn2,119 sliowed positive results and20,015 were re-
vacciriated. In 1956, 12,259 people were re-vaccinated, out of whom
1,362 hacl positive results. In the last two years, due to the precautions
talten, especially the use of D.D.T., endemic diseases in the villages have
corne to an end. A detailed report ofthe Chief Medical Office is given
in Appendix XLVI.
Before Liberation
During the Yortuguese rule, the two enclaves with a total population
of 42,000, had between theni one Portuguese school ai Silvassa and four
Portuguese-cum-Gujarati schools at Silvassa, Naroli, Dadra and Vagh-
chhipa. These were ail one-teacher-schools and the total number of
pupils in these five schools was only 294. The total sum spent by the Portugucse with the education \v.r.asonly Ks. 7,400. One fails to under-
stand how the administration, which got large profits out of the sale
of the forest produce, could maintain the entire population of 42,000 in
a state of complete illiteracy, and that, \vithout improving their material
and moral condition. The standard of education in Gujarati schools waç
not high, as the Portiiguese Inspectors did not pay much importance to
Girjarati ediication. The Education of the Adivassis, who form thc butk
of the populatior., \vas thus totally neglectecl.
The first efforts of the ncm administration have been to abolish illitcr-
acy among the Adivassi masses aiid the situation has now cornpletely
changed due to the strenuous efforts made by the Adininistration during
the last four years to develop every aspect of education in this arca.
There are now 34 Primary Schools run by the Administration and 12
private schools run by the local Catholic Mission; these latter are recog-
nised ancl aided by the Administration. Thus, in al], 46 schools are iiow
catering to the cducationnl needs of 72 villages. The medium of instruc-
tion is Gujarati in 25 schools anci I~iarahti in 19 Souther:~ schools, this-
beii-rgbased on our acceptance of the Principle that the mother-toiigue
of the child çhould be the medium of instriiction in al1schools. It should
be iioted that the small Portugiiese speaking- popuIatioil at Silvnssa are
also caterccl for and clâsçes iiiPortugiiese are run for them. The total
iiumber of children goi~igto scliool is3967 cf which Gr9 rire girls. Besicle
primary schools, Montesscri classes are run for thc Iittle ones at Silvassa
and Naroli. Literacy classes for adiiltsare working at 19 places with 246
adult pupils.
'ïhe atteiidance of Adivassi chilclren in the interior schools is rather
a protilem specially during the morisoon season xvhe11con~murlications
are cut off due to flooded rivcrs and rivulets. Xoreover, the Adivassis
want their children to help them in their agricultural work, grass cutting
etc. ; furthermore the general inclifference of the Adiirassis to educatioil
bas also to be taken into co~isideration in this respect but this indiffereiice
is expected to diminish nith proprigaiida and as soon as the benefits of
education are seen by the elders.
Stag and eqzti$menl
A11schools arc adequately staffed with qualified teachers. The total.
number of teachers employed by the Administration is 67.Special training
has bcen given to the teachers during the last two Diwali vacations and
this year too. The scheme içbeing implernented; there is howcver need
for a few trained teachers (i.e. P.T.C.).
Al1 schools, Montessori aiid literacy classes have been fully equiped
with furniture and teaching aids. As the literacy classes are run during
the night time, lanterns and kerosene are suppliecl by the Administra-
tion.
The curriculum of studies is based on the Primary School system of
Bcimbay state. The teaching of English is compulsory in these schools812 AXXEXES TO HEJOIKDER (F SO. 117)
from Vth Standard onwards. The ~1i1th Standard iç conductcd at
Silvassa and Naroli. Excursions of school children to places of interest
have been arrangea, so as to broaden their outlook. School children are
trained to take keen interest in extra-curricular activities like dramatics,
entertainment programmes, debates, writing magaziiies etc. On suitable
occasions some schools arrange cornpetitions at Rongoli, in handicrafts,
essay writing, elocution etc., and prizes are awarded to winners. Every
year the bigger schools celebrate "Parents Dayl' when school children,
their parents and teacliers meet and discïiss thcir problems. The medium
of instruction is Maharati or Gujarati. Hindi is taught in schools of
Silvassa, Dadra and Naroli-Silvassa is the recognised centre for Hindi
examinations held by the Institute "Gujarat Vidyapith". Portiiguese is
also taught in one Portuguese school, but the people show no interest
in it; they want an English school because the knowledge of English is
much more useful to them. Complete religious freedom has been intro-
duced and in the official schools no religious doctrine is taught. People
may use Giijarati, Maharati, English or Portuguese intheir officia1trans-
actions.
Hindi classes are conductedby school teachers to coach school children
and adults for Hindi examinations of the "Gujarat Vidyapith". The
Vidyapith has recognised Silvassa as a centre for these examinations.
So far 255persons have appeared for various cxaminations and 142 have
passed.
Coaching classes forhigher Gujarathi examination held by the Baroda
Central Library are being conducted in the school at Silvassa since t9j7.
Nine perçons appeared for the examination and eight passed. The result
of the 1958 examination, for which fifteen persons appeared, is awaited.
The basic craftiscompulsory, and is fiilly developed in the three upper
Primary Schools at Silvassa, Naroli and Dadra. Spinning and weaving
is the main craft in these schools but tailoring and needle craft is taught
to all girls from the lowest standards; carpentary is taught to selected
pupils in the school at Silvassa. Al1the craft tcachers are qualified and
trained ones.
A11these years great emphasis has been laid or1spirrning; al1 childrcn
from IInd Standard upwards being trained to spin on taklis or charkhas.
This year 114 children took part on the spinning competition held by
the Bombay Gram Udyoga Manda1 and 16 pupils received prizes.
-4sa side activity, the Education Department trains the prisoners
in the Silvassa Jail iii spinning. The yarn spun by them is really of a
high quality. In return for their labour they are given clothcs andlor
cloth purchased from the money realised by selling the yarn spun by
thern.
Public Examination (P.S.C.)
For the first time in the history of Nagar Aveli eight pupils from Sil-
vassa school appeared for the P.S.C. examination in 1955 at the Bordi
centre and five passed. From that year onivards pupils of the two big
schools of Silvassa and Naroli have been appearing inincreasing numbers
for P.S.S. exanïinatioil and in 1959 the school of Dadra will be sending
its first pupils for the same examination. Itis gratifying to note that at
this years' examination a yupil froni Naroli school stood first in the 13ordi
Centre. SchooEBuildings
The five schools at Dadra, Silvassa, Naroli, Dapada and Khanvel are
spacious buildings built by the new Administration; fifteen others are
semi pacca buildings. The Administration has now drawn up a three
year plan to constnict semi-pacca buildings at the remaining places and
thus complete the school building programme by the end of 1961. So far
over tu70lacs have been spent on buildings for schools.
Assistance toPu$ils
Education is absolutely free in this area. Besides this, books, slates,
notebooks, and colour and compass boxes are given to Adivassi and
other poor children by the Administration. Clothes have also been given
to children. hledical examination of al1 school children has been under-
taken and quinine and paludnne tablets, Vitamin A & D tablets
and milk powder has been distributed. Arrangements have already been
made to give Vitamin A BrD tablets and milk powder to al1 children
throughout the year. School libraries have been developed in the three
upper primary schools at Silvassa, Dadra and Naroli. Adequate additions
are made to these libraries every year.
Deçpite the facilities made available by the new Administration, people
in the interior of the villages are not kcen on education, because they are
reluctant to permit their children to give up their normal occupations, ,
like the grazing of cattle and agricultural works, The Administration
has therefore decided to impart practical cducation and to improve small
local industries which may bring them immediate income, and at the
same time teach them to read, write and calculate. However, the satis-
faction of the parents in seeing their children acting on the stage or
other~visedistinguishing themselves is manifest.
Finally itmay be mentioned that the expenditure on education, from
1956 onwards has been around Rupees Ninety thousand per year, whereas
the Portuguese used to spend less than a tenth of this amount, a mere
Ks. 74001- A dctailed report of the Education Officer, with its eleven
documents, is given in Appendix XLVII.
Physical Training
Physical culture, acting, singing and dancing have not been negleted,
and the children,indulge in them in public on days ofnational festivals
and school celebrations. Advanced schools have their association of
Scouts "Seva Ual".
Alostof the schools are supplied with dumbbells, lezims, skipping rope,
rings etc and some big schools are given volley balls and band equipment.
Inter-school tournaments are held annually in games and sports and
syecial trophies are awarded. The Assistant Deputy Inspecter from
Thana District, wlio visited the schools at Silvassa and Naroli in connec-
tion with the practical examinations in community living and Basic
Craft, showed much satisfaction at the immense progress made by the
schools in such a short time. He was particularly impressed with the
progress of the upper primary schools in physical education, such a
rate of progress Iie had not noticed anywhere in his district.
Thc people of Nagar Aveli have now been able to re-establish the
"Centro Regional" of Chinchinum (Goa). This independent centre and814 ANKEXES TO RE,IC)ISDER (F NO. 117)
its Journal "Kegional" were proscribed in Goa and its President arrested
by the Portuguese Government because he would not toe tlic line of
policy dictated by the "Uniao Nacional", the Goan branch of Dr.
Salazar's Party. The centre was supported by people from every walk
of life, from the Chief Justice of the High Court to the Chairman of
Cultural Institute of Vasco drt Gama, and even by the Municipal Cor-
poration of Salsete. The illunicipal Council had praised the "Centro
Kegional" in the following resolution: "The Municipality has decided
unanimously to record a vote of highest praise, as well as to help the
"Centro Regional" Lvheneverit takes initiative tending to promote and
encouragespiritual, artistic, or otherterial interests of the community.
It has also decided that a copy of these proceedings may be sent to the
Management of the 'Centro Regional', Chinchinum, in order to convey
to it our general feeling of lively enthusiasm and greatest plcasure."
The revivaI of this Centre in Nagar Aveli meets long-standing aspira-
tions of Goans for a cultural centre of their own. Its Statutesaare given
in Appendix XLVIII. The foundations of the Association ofAdivassis ia
significant event in the life of -4divassis. The spirit that prevails to-day
amongst them was revealed by Rupsing Passari,an Adivassi student in
the school of Silvassa, when he spoke at the inauguration of a new schoul
at Silvassa:
"In spite of the new spirit prevailing in public affairs, I still hear the
rnembers of the privileged class cal1 us animals, beasts, thieves and
lazy men who shall never become human beings. If that is so, we can
only say that this is the wish of the Zarnindars themselves to let us
reniain in slavery in order to be used by them as slaves and be more
profitable for them. But what they çay 1snot true. This year, the sonof
Adivassis after having made their studics in theNew Officia1 schools (in
Silvassa and in the Indian Union) are now able to work and are em-
ployed in the Forest services and in the public Administration. That
proveç that Adivasçis can make progress." (FREE GOA, 25-8-1958.)
The correspondent of Manchester Guardian, who visited Dadra and
Nagar-Aveli, wrote :
"When 1asked Sunday, the Varli elder of Dapara, whether he wanted
the Portuguese back he shook his turban with determination. "No" he
said, "What's gone is gone. Good riddance. No more forced labour and
carrying heavy headloads for the administration free, no more paying
to get married." Under the Portugueçe al1marriages had to be registered,
and it cost 18s to do so. "Only death was free", grinned Sunday, when 1
asked ifthere were other registrations." (ManchesterGztardia?t-7-10-
1957.)
PUBLIC WORKS
Though the Portuguese Administration had set up a Public Works
Officein Nagar Aveli, there was none in fact. At the time of liberation
there was only one overseer and a team of six labourers. The pubIic
works in Nagar Aveli used to be directed from Daman. It must te
stressed that the various roads in the vicinity of the forestsand some
houses of habitation were built by the forest contractors. It must likewise
be recognised that moçt of the existing works were executed by the
Administrator, Lindorfo Barbosa.
The new Administration has undertaken a large scaie building works,
starting with the extension of the road network and the building ofbridges and model houses for the Adivasis. Transit fncilities are also
being provided during monsoons.
At present, trams of the transport services of the Indian State ply
fivetimes a day, between Vapi aiid Silvassa,twice a day between Silvassa
and Naroli, and once a day between Silvassa and Canoel, at reasonable
fares, ~vhich facility the people did not enjoy formerly, inview of the
fact that the private enterprises actuaLiy exploited the public. An entire
plan of new achievements is awaiting better opportunity of implementa-
tion.
The M.T. Section has put into operation many projecis chiefly of
roads. The old water tanker could iiot meet the heavy demands at the
site of the work and also due to Wear and tear, it was found that the
water tank was expensive. Therefore, a. new Studebaker water tanker
has been purchased by the section. As maintenance charges of the Jeep
and other vehicles were high, they were disposed off by public auction
and two new Jeep (Estate car and Jeep) were purchased by the section.
Whenever it is necessary M.T. Section Ioans its driver to the P.W.
Ilepartment for its work. Tractor is used to pull the three ton roller to
press the bedding of kacha murrunl layer on the roads. The present
work of the Administration makes it necessary to have one more vehicle
and it has been recommended that one more vehicle should be acquired
as early as possibleby the section.
The importance of the communication to the interior cannot be
underrated. Bearing this in mind, it has been decided to extend the
telephone lines and installation of telephone lines at Kherand Morkhal
isalready going on because they are just touching the Bharat territory
and there are no means of communication to reach those pIaces imme-
diately.
The exact rnileage of roads built or repaired, the number of public
buildings erected or repaired and the amount spent with them is given
in the report of the Public Works Department, See Appendix XLIX. CHAPTEV K
AGRICULTURAL REFORhlS
During the Portuguese Administration land belonging to the peasant
had gradually passed into the hands of the Saukars. Here is a description
of the 1940's by the Portuguese Administrator, Captain Costa Cabral,
in hisnote to the Governor of Daman: "Almost al1complaints concerning
the landsmade in this Council relate to the public deeds of leases fgg
vears. In most cases those deeds are actual usurpations made by the
Saukars from the owners of the lands, by acquiring frorn them 99years'
lease at a price of about one year's yield. This Administration can do
nothing inthe face of such a deed. Such deeds and private entries corne
to the knowledge of the Administration only when there are complaints
and when hardly anything can be donc for the Varli, who seems to have
parted with his concession for a srnall amount of rnoney, which he is
said to have received at the tirne of signing the contract. But later it is
observed that the Varli han received only a part thereof, and also that
.he does not recollect well what he had signed."
Mr. Anibal Passos, who took a keen interest in land reform, wrote in
1g51: "With the passi~igof years the condition of the Varli deteriorated
day by day while that of the Saukar improved correspondingly through
various travesties. There are some intriguing situations. For instance, a
Varli had some land on concessian, yet he tills ias a lease-holder of the
Saukar who has obtained it from thesame Varli on a gg years' lease, for
some rupees that he had lent him some time back. The Varli cannot
understand these thing, called sub-lettings, and is surprised to find out
that he is not allowed to sel1his land which he wns given on concession.
This is a sample of the fiction in Nagar Aveli."
Portuguese Administration seemed unable to take any measure against
these exploitations despite a law of1920, which stated that al1 public
deeds or private entries of leases of lands in Nagar Aveli made by illiterate
persons should be nul1 and void, unless the deeds were effected with
yrevious authority of the Administrator. It was found in 1954, that a
majority ofthe leases of Varlis and Con-Conas tvere in the hands of the
Saukars who held nearly 80 per cent. of lands, and that the Varlis' lands
were obtained as leases for gg years for an insignificant yrice. TPor-
tuguese Administration did not revoke these leases which were openly
fraudulent and illegal. The New Administration, following a due process
of law on the basis of the law of 1920, cancelled many of these leases.
Furthermore, it has set up a team of two members of Varishtha Pan-
chayat and two independent perçons, empowered to investigaie any
lease or deed which may be suspected of some illegality.
The most decisive step now taken by the New Administration is in
favour of the very poor. They have been given lands in the glades and
in the clear spacesof the forests, lands that have reverted to the State
after the expiration of the original leases and a new Rent Act has been
passed, see Appendix L.
In 1894 %Ir.Lindorfo Pinto Barbosa was appointed Administrator of
Nagar Aveli. Soon after, in his report of1897 h,e brought to the notice
of the Government the miserable conditions of the peasants there and took keen interest in instituting agricultural credit. The Governor-
General of Goa, Mr. Horta e Costa, described those conditions in his
report of 1908 to the Government in Lisbon: "The inhabitants of Nagar
Aveli do not posçess anything worth mentioning other than their abiIity
to work and the gift for agricultural tasks, their bullocks and their
imperfect agricultural implements. The rural system permits them to
cultivate the land only by the simplest and most primitive methods,
which do not bring any profit either to them or to their master, who is
the State. They are under a degrading subjection to the Saukar, who
exploits them by loaning to them seeds and commodities for their
saustenance, as weLlas money for paying rental, and who at the end of
harvesting time, and while settling accounts, gets from them the lion's
share. Once a Varli becomes depeiident on the Saukar he will continue
to depend on him and be his cternal debtor."
It seems, however, that nothing was done, for inIgjï Passos reported
that hlr. Barbosa's initiative died with him and said: "As the tenants
have nothing, the landlord Iends seeds and foodstuffs, but the tenant
has to pay back after the harvest at the rate of one-and-a-half or two
times. That is why the landlords in this area are known as Saukars,
which means bankers or money-Ienders. It seems that thisrate of interest
of over 500 per cent. was considered low by the poor Saukar, and he
devised a double measure: The small one to give, the bigger one to
receive."
In order to remedy this situation the New Administration organised
the system of "Khauti", that is, credit in commodities for sowing and
food-the present value of the transactions under "Khauti" amounts
to over Rs. zo,ooo-and the "Tagavi" or general agricultural credit.
Besides, an Adivassis' Fund has been set up specially for the purpose
of implementing the plan of a mode1 village, see Appendix LI. This has
been welcomed by the Adivassis with demands that no Saukar shouid
corne and settle close to thern. The New Administration has abolished
various taxes that the poor peasants paid under Portuguese Administra-
tion. Rentals or quit-rents on concession lands should have been revised
every thirty years, according to the termç of the concession. But since
the liberation the revision has been kept in abeysnce and this represents
a considerable benefit to the peasants who are now paying rents fixed
over thirty years ago.
To protect the poor peasantç who were ruthlessly expIoited by shop-
keepers agents who bought their eggs and poultry at ridiculously low
prices, the Administration has pasçed a Regulation which fixes minimum
prices, see Appendix LII. To prevent hardships ta people without a
plot of land from where they can güther a minimum subsistance level,
Food Grain Ordinances have been passed, see Appendix LIII. A project
forthe formation of Agricultural Community for the Adivassis and other
depressed classes is being discussed. It will provide economic and social
assistance on a cooperative basis, see Appendix LIV.
Agrarian Reforms protecting the RuraI population were established
in favour of the varlis, important prophylactic measures were taken in
Sanitary services, and free medical treatmeiit was given to al1the people
whose monthly income does not exceed Rs. ~oolo.
The Portuguese Administration had what they called an "Agricultural
Station" in Kagar Aveli, but its financial position having been very
precarious it did not do any research, nor didit have any equipment forthe purpose. The Agricultural Engineer in charge of the Station was,
however, fully occupied with his other duties, such as the inspection of
the forests and the running a farrn that was attached to the Agricultural
Station. In the course of the last two years the Station has acquired
modern equipment: a tractor, a plough with five blades, and other
agricultural implements. The Japanese method of rice cultivation has
been introduced, and a practical demonstration of the method was
conducted for the benefit of students in the advanced classes of the
Silvassa School. Thousands of trees have been planted in the farrn of the
Agricultural Station, Vanamahotsava, and fruit plants and seeds worth
Rs. 1,000 have been distributed free amongst the agricultural population
and larger quantities are to be distributed in the future.ThAgricultural
Station has also purchased fertilizers worth Rs. 1,900 and distributed
them to the farmers.
The Head of the Agricultural Department, who is in charge of the
Station, is now completcly free to rernodel and develop the Station by
making it financialiy sound. The Administration has prepared a project
for the setting up ofa practical school of agriculture in the Station itself.
A new Veterinary Hospital has been built at a cost of Ks. 9,000. Six
stud bulls and two colvs of "Uang" breed have been purchased and
distributed among the villages. "Gamaxane" has been sprayed to
prevent poultry sickness, and various innoculations and injections have
been given against epidemics, such as "Rinderpest" (7,500 injections),
"Blackquarters" (5 1 injections), and "Ranikhet" (500 injections on
fowis). Four hundred eggs and chicks of good breed (Australops, Rhode
Island Reds and White Leghorns) were sold to the public at nominal
prices. In 1956 the Administration spent in free treatment of animals
a sum of Rs. 2,500, and in the current yeara provision of Rs. 3,000 in the
budget has been made.
In order to encourage good breeding of cattle, the Adrninistration is
making great efforts to convince the farrners to adopt a certain feeding
standard, see hppendix LV. Itis also organizing a Kegister of cattle so
that it may be able to CO-operateefficiently with the farmers by giving
them advice and assistance, see Appendix LVI. A detailed report by the
Agricultural and Veterinary Officercontrasting the Portuguese Adminis-
tration with the progress achieved during the neur Administration is
given inAppendix LVII.
The forests cover an area of G2,G27 acres, over half the total aresof
the enclaves, and consists of teak, çadra, kher, kati, kakam, etc. They
constitute the main wealth of Nagar Aveli, and, it may even be said,
that they are the only wealth in a natural state in the whole of "Portu-
guese India" that the Portuguese could exploit without much invest-
ment. Their proper exploitation rvould not only have irnproved the
economic and social life of the Varlis, but provided the Portuguese
Exchequer with a considerable income. But the way they have been
exploited is a typical example of Portuguese Colonial Administration.
In the I~~o's, soon after the occupation of Nagar Aveli, the timber
of the forests was a vaIuable material for ship-building in Daman and
for export. The size of the forests and the variety of the trees was such
that the Portuguese immediately realised its value and set up a Forestry
Officein Nagar Aveli. But in 1951 Mr. Passos wrote: "When the history of that officeis writtenitwill be seen that it has not been at al1efficient,
Save on paper. None of that indispensable data, such as a general de-
scription ofthe forests in their geographical and botanical aspects exists."
The Forestry Oflice did not even have a general inventory.
"From the beginning", Mr. Mendes wrote in his book "Portuguese
India", "the forest \vas subjected to the ttrorst kind of cultivation system;
the lurnbering work was carried out without keeping in reserve a suffi-
cient number of trees to ensure a good natural regeneration. The forests
of Nagar Aveli do not show the necessary growth, thoiigh the teakwood
trees grow there nattirally." In 1951 Mr. Passos also reported: "The
Nagar Aveli forests are generally in a deplorable state. The neglect has
causcd remarkable destruction there. But there are some forests, like
the one at Morcol, in which the thieveshave destroyed the major portion
of the forest reserve. Some of the thieves are invisible, but there are
others of greater stature who with their power and their money have
turned the heads of Governor-Generals of Portuguese India." Mr. Passos
quotes various cases of corruption. One concerning an Indian Catechu
merchant, Mr. Shantilal, who, finding it difficult in India to purchase
cheaply kher trees for manufacturing catechu, went to Goa. "Mr. Shan-
tilal siicceeded in nhtainin20,000 kher trees, in Nagar Aveli ai Ks. z/-
each, one-tenth of their value, and without the legal procedure of a
public auction. He tried tosecure more trees. A public auction was then
announced forthe sale of 15,000 trees, the basis of bidding being RIO/-
per tree, and Mr. Shantilal obtained them at Rs. 97,000, that is to Say
Rs. 61- approxiinately for each tree. Eight days after the auction,
however, one Mr. Nariman offered Rs. 105,000, stating that the opening
of the sealed tenders had been a swindle. 1 arrived in the meantime in
Nagar AveIi, and at a new auction the trees were sold at 162,50 rupees,
about Rs. 121- fnr each." Another instance quoted by Mr. Passos:
"In the middle of October, 1949, the 'Lakshmi Engineering Works' of
Bombay made an application to His ExceIlency, the Governor-General,
for 3,000 kher trees from the Saili forest at Rs. 71-. 1 opposed the re-
quest and the application uras rejected. Rut somehow it scems that the
applicant did not give it up and on the zjth January, 1950, 1 received
~vitifthe greatest surprise, the note No. 183/D/r,- informing me that His
ExcelIency the Governor-General had ordered the concession of 3,000
kher trees in the Saili forest to the 'Lakshmi Engineering Works'."
"The axe", Lieut.-Col. Pimenta wrote in 1587, "hungry for trees, has
exercised without truce a devastating effect on them. The system to
which they continue to be subjected is deplorable, not to Say vandahc."
And Mr. Lindorfo Barbosa reported in 1899: "Trees have been cut in
such a may as to appear rather as acts committed by savages than by
civilised people." Re-afforestation was completely neglected by the
Portuguese Administration which "did not possess," wrote Mr. Vieira
Branco in 1915, "a pruning-book, a hand-knife, an axe, a metric tape
for measuring the timber, or a plough for preparing beds, and the sig-
natory does not believe that anybody, whosc head is iriits place, can try
to replant about 250 square kms. of almost rnythoiogical forests with
saplings grown on hills".
However, the post of Forest Administrator was eagerly sought. "The
Land Surveyor, Soares da Veiga," writes blr. Passos, "was offered the
post of Taluka Administrator which he refused, explaining that he would
accept it only on condition that he became jointly Forest Administrator.820 ANNEXES TO REJOINDER (F NO. 117)
He had reasons for it, for only the Forest Administrator could separate
the forest lands from the agricultural lands and make clearances to
enclose the lands that could be ceded. Everything shows that life at
that time in Nagar Aveli attained the peak of splendeur. The peacock
and champagne were everyday affairs. If any senior officer of the Bom-
bay Government found it difficult to choose a place to spend the week-
end he would get into his Packard or Rolls-Royce and head straight for
a "Tamahsa" in Nagar Aveli."
Today the forests are under the Forest Department., an independent
public corporation. The forest organisation as it exists in the surrounding
regions of India has been adopted in Nagar Aveli. An inventory of the
entire forest wealth has been prepared, by numbering the trees of teak,
blackwood, tenasse and others. Trees of the economical kind, such as
Savar and Kher, and oilseeds, such a Mahura and Karanjia, have been
planted. The work of forest re-generation is also going on by the platiting
of teak-wood and other trees. A forest statistic has been prepared and
personnel with scientific knowledge, training and experience has been
recruited. Precautions have been taken against fire. Sapling beds have
been laid down within the forest area itself. Bamboos which were in a
sad state have bcen given adequate protection.
All this has been accomplished by a series of Regulations and on the
initiative of Forest Department, see Appendix LVIII. A detailed report
on the activities of the Forest Department was given by the Forest
Officerand is attached as Appendix LIX.
Under the Portuguese Administration the concessionaires or lessees
ofStatclands were entitled to obtain timber free of charge for the building
of houses, stables, etc., but the poor Varli had to purchase bamboos to
build a humble hut for himself. Today, every Varli is entitled to obtain
free of charge a limited number of bamboos for the purpose of building
his hut and carrying away fallen timber, which he may transport by any
means other than mechanical, see Appendix LX.
Three auction sales were annonnced by the New Administration. There
were thirteen bidders in the first one, fourteen in the second and thirty-
two in the third.
Jai Hind. The Administrator,
(SiglaedA. FURTADO.
Silvassa,
25th November, 1958
Seal. APPENDIX 1
Dr. Braganca Pereira, one of the most enlightened judges of the Goa
High Court, on learning from the "Free Goa", the great progress made
by liberators in Nagltr Aveli wrote as follows:
"1 congratulate you on the measures taken. In order that Nehru may
be acquainted with the matter it would be advisable to publish the
English version of the report which in Portuguese would be useful to
Salazar to rectify-as he prornised-the misleading information ~vhich
he received from Goa. The Pragana of Nagar Aveli has everythingneces-
sary for an ag-rarian socialism, because the land is owned by the State."
And at another stage:"
"The Pragana is today a small state in transition. The Governtnentis
firovisional.. In order that the administration may not be a routine
one, but rather a model of the future nationalist Government, you
should request the Government of Bombay to provide technical staff
such as a silviculturist, an agricultural engineer, a zoo-technician, a
municipal technical engineer etc." And still further: "It is necessary
to show in practice that the 'goanthis' l can rule themselves. The ad-
ministration in the neighbouring country can be taken as a model. As
there is no stringent control from the centre, the initiativecan be wide
and free."
Maving almost repented, in the declining years of his life, of having
been a tool of the Portuguese propaganda, Dr. Braganca Pereira left
behind the following political testament:
"You are fully aware that my sympathies are for Portugal; but 1 do
not mistake a persona1 future for the future of the Community of Goa."
(Free Goa, dated the 10.5.1955.)
From: Anthony Wedgwood Benn, M.P.
23rd January, 1958.
Seul O/theHouse of Gommons
Dear Mr. Choubal,
1 have received through the Goa League in London the text of the
resolution adopted by the Panchayat in Silvaçsa on Norember 25th.
In this resolution you most kindly made reference to me and the part
that 1 have played in working for Goan liberation.
1 write therefore to thank you most sincerely for your wishes and to
congratulate you on your wonderful achievements since unconquerable
and that once free from oppression, men can achieve great things for
the cornmon good.
The cause of Goan liberation is well understood in Britain. It has
often been referred to in public by the leaders of the movement here.
l LocalArgot for 'Katives'.822 ASSEXES TO REJOISDER (F NO. 117)
1 wish 1 could convey to you adequately the strength of ailti-colonial
feeling in BritainIve have our own history of fighting for freedom in
Britain and we want to see that right extendedto a11peoples. With this
in mind a number of us have CO-operated to present a Human Rights
Bill in the British Parliament. We believe thatthe best uray of achieving
the realisation of these rigisto encourage a knowledge of them arnong
ail peoples. Thiwilbe a iiseful stepping çtone to the rapidtransformation
of these outdated relationships.
Therefore, we send sincere good wishes for the completion of your
freedom and our solidarity with yourcause.May 1 add my good wishes
to you personally for your courtesy in writing?
Yours sincerely,
(Signed) Anthony WEDGWOOB ~EKX.
N. G. Choubal, Esq.,
The Sar Panch,
Varishta Panchayat,
Silvassa,
Nagar-Aveli
(VAPIP. O.),
India.
THEGOA LEAGUE
374 Gray's Inn Road,
London, W. C. 1.
TelTER 1078.
29th January 1958.
Dear Sir,
Thank you for your letter of the 13th December. It was extremely
kind of mernberç of Varishta Panchcayatto have passed a resolution
appreciating the work done by the Goa League.
We wish every success to the New Administration in its efforts to
establish a democratic form of Government. We hope your freedom will
hasten the liberation of Goa.
Yours faithfully,
(Signed) H. C. DENIS.
Chairman,
The Goa League.
N. G. Choubal, Esq.,
The Sar Panch,
Silvassa,
Nagar- Aveli
(VAPI P. O.!.
India. ANXEXEÇ TO REJOINDER (F KO. 117)
APPENDIX III
(Translatio.pfrom Povtztguese)
. . . . -41~0the areas earmarked for agricultural purposes in Nagar
Aveli occupy an approximate area of 24,000 "hectares", already divided
into plots demarcated, measured, and geornetrically mapped.
Out of these 24,000 "hectares", only 14,000 have been leased on
yearly basis, and the remaining 10,000 lie completely uncultivated and
faIlow.
Out of the above mentioned 1~,0oo "hectares" which yield an average
yearly income of over 56,000 rupees to the State, a fourth of it, approx-
imately, lies uncultivated, and another fourth or more is cultivated only
once a. year, with alternate periods of non-cultivation; and only the
remaining area always allow the growing of one or two crops.
It rnust be noted that this happens in an administrative division
where, according to the last census, there is a population of more than
24,000, or a percentage of one inhabitant for every "hectare" of land
suitable for cultivation. And this is due to the lease system . . . .
Besides other disadvantages resulting from this system in Nagar Aveli,
the lessees and the remaining inhabitants generally, not possessing any
other thing besiclesthe power to work and the inclination for agricultural
labour, with their bullocks and their irnperfect agricultural implements,
they only cultivate the land, reçorting to the simpIest and most elemen-
tary methods, and do not succeed in carrying out in them any improve-
ment to tlieir own profit or to that of the State, and they do so with the
least responsibility,and under a degrading subjection to the "Saukar"
who exploits them by lending seeds and foodstuffs as well as the money
for the payment of the rentals and who, after the harvest, on settling
the accounts, obtains from them the lion's share;
Being always indebted to the Saukar since he depended once; and
always depends on the latter, the lessee cannot settle down; cannot be
civilized, and cannot have any attachment to the land which he has
reclaimed and cultivated, because the land is not his, nor kas he any
ownership of a permanent character in them.
If, during one year, he cultivates any lands in a village, due to sorne
triflingreason or difficulty he cultivates lands inanother village during
the next year, ifhe does not choose to migrate to the neighbouring
territorp.
The present system is governed by regulation, dated the 8th February
1894, despite the proviso of the Koyal Com,missioner's Act No. 21-A,
dated the 1st February 1897, which proposed to set up another system
similar to the one which has been in force for over a century now, and
which yielded good results in the British territories adjoining Nagar
Aveli. The above mentioned Koyal Commissioner's Act did not, however,
corne into force yet, as it is dependent on indispensable regulation, and
on the completion of the topographical and cadastral division ofland,
which work is.being carried only now. . . . . d) The one of Calu made up of the villages of Calu, Chaura, and
Caranjegam;
e) The one of Parjae made up of the villages of Datora, Kerdy
and Parjae;
f) The one of Canoel made up of the viIlages of Canoel, Cuntely,
~alaul~ and Umbarvany;
3. The following comprise the Southern Division:
a) The Patel Block of Chinceda, made up of the Chinceda,
Mandony and Kudana group of villages;
h) The one of Selty made up of the villages of Cararbary, Gora-
tepara and'Selty ;
c)The one of Alerum made up of the villages of Ambabary, Cotor,
3Ierum and Vegchaurum ;
d) The one of Sindonim made up of the villages of Berpum and
Sindonim ;
elThe one of Bensedum made up of the villages of Bensedum,
Berpum and Vanseda ;
/) The one of Carchonde made up of the villages of Carchonde,
Dudeny and Gorbary ;
g) The one of Caunchum, made up of the villages of Beldary,
Caunchum Guneca and Jamalpara.
Para 4-The headquarters of each Patel block shall be the village
which gives it itsname.
2. The real administration of the said territories shall be entrusted to
a magistrate, directly under the Governor-General, and with the desig-
nation of the MilifnryCommandantand Civi Administrator ofNagarAveli.
The said Magistrate shall be the local authority in Nagar Aveli, both
military and administrative.
3.The Military ~ommkdant and Civil Administrator of Nagar Aveli,
shall also be in the territoriesnder his iurisdiction, the representative
of the Governor General, and shall erijoy the honours, privileges and
powers as senior officer cornmanding.
4. An Assistant Secretary shall act as the Deputy to the Military
Commandant and Civil Administrator, being the latter's legal and
immediate subordinate.
j.A Secretariat shall be set up, attached to'the BIilitary Commandant
and Civil Administrator, functioning under direct orders of that authority,
and dealing with al1 mattcrs of a military, administrative, and fiscal
nature in the territories concerned.
Oi-ilyPara-The said Secretariat shaIl comprise:
I) An Administrative Section carrying out with the help of a clerk,
and intcrpretcr-cum-archivist and an amanuensis the entire office work
of the rnilitary command; general and municipal adminstration; general
statistics and archives; deed of oaths; starnp keeping and applications;
despatch and receipt of official telegrams, and finally the general receipt
and despatch of officiai correspondence;
2) The Fiscal Section, under the Assistant Secretary with two clerksdealing with the entire work concerning territorial cadastralregistration,
land surveying, and administration of the rural ownership of the State.
g. b) Para one-In villages cornprising Patel blocks there shall be
one or more 'catiahs', according to the circumstances, to help the Patels
concerned in the discharge of their duties.
Para two-Each "patel regidor" may appoint apermanent substitute
ofhis choiceand exclusiveresponsibility, to help and substitute him in hiç
absence. The substitute Patel shall not however discharge his duties
without a letter of appointment issued by the local authority.
II. The various posts in the Military Command and Civil Adminis-
tration, according as to whether they carry renumeration or not, shall
be filled by the Governos General or by the authority of the territories.
Para one-The following posts shall be fillby the Governor General :
a) The post of the Military Commandant and Civil Administrator,
by appointing a first line militsry officer, not below rank of Captain.
b) Of the Assistant Secretary by appointing a first line subaltern
military officer.
f) The posts of "Patel-regedor" :
under proposa1 of the local authority, shall be filled by appointment
of individuals who, besides the indispensable condition of moral and
physical fitness possess land surveying diploma, under the terms of the
laws and regulations in force in this State, or alternatively have three
years practice in land surveying work and know, in any case, to speak,
read, and write fluently, either pzerati or marathi.
12. Besides other powers and functions provided by law, in Nagar
Aveli,
14)The Military Commandant and Civil Adrninistrator shall enjoy the
powers, wherever applicable, as provided under Art. 80, of the regulation
of the general administration of the public Exchequer, in the Overseas
Provinces, approved by Decree, dated the goth October 1901, and these
which, under the provincial act 90.669, dated the goth October 1897,
are provided for the hlilitary Commandant of Satari, except for the
proviso contained in the regulations dealt with by the Xo. 23.
Residence of the Governorate General, at Nova Goa, 22nd June 1908.
The Governor General,
(Signed) Jose 31.nE S. HORTA E COSTA.
Ordinance No. 227
After consulting the government Council which considered the
rnatter urgent, and in the use of the powers conferred on me by the ANNEXES TO REJOINDER (F NO. II/) 8z7
proviso of para z, of Art. 15.of the frrst additionai Act to the con-
stitutionaIcharter of the IiIonarchy, 1 deem it convenient to direct
as follows:
I. In substitution of the present 2nd line Police Force in Pragana
Nagar Aveli, set up by Provincial Ordinance No. 114, dated the
26th February 1898, and of the 2nd line police corps in the Pragana,
set up by Royal Decree, dated the 31st August 1903, a special corps
of Police and of and line troops shall be set up in Nagar Aveli, attached
to the MiIitary Command and Civil Administration of Nagar Aveli.
Para I.
A special police corps, armed and trained militarily, shall normally
comprise the following :
I commandant, who shall be the officer, military commandant
and civil administrator of Nagar Aveli;
I dcputy, who shall be the Assistant Secretary to the former
on matters relating to the command and administration;
z Chief Fauzdars;
4 Fauzdars;
6 Jamadars;
6 Naiks;
40 Havaldars;
zo Sepoys;
I Corporal Buglar;
2 Buglars;
Para 2.
The Constitution of the second line troops corps, the commandant
and deputy of which shall be the same as those of the special police
corps, shall be in due course fixed under special enactment. The said
corps is for the purpose of performing duties exclusively in Nagar
Aveli, under extraordinary circumstances referred to in article19, of
the provisions, approved by decree, with the force of law, dated the
19th July 1594 ,nd referred to in article 170 of the Overseas Nilitary
Organisation in force.
2. Special police corps of Nagar Aveli, iinder instructions from their
respective commandant shaI1 be incharge in the territories concerned;
a) Of the military service of the garrison and of the service of vigi-
Ience for the maintenance of order and public security;
6) Of the guard and sccurity service in respect of prisoners and
public safes;
6) Of the garrison and service in the police stations;
d) Of the execution of the postal and telegraphic services; .
el Of the assistance to the sanitation and Abkari Services, as well
as assistance to the police and to the conservation of roads;
#) Of the service relating to military honours to be shown to
whosoever enjoys them, and in case permitted by law;
g) Of the military training to second line troops;
hl Of rendering armed assistance to those carrying out public duties,
in case such assistance is demanded through legal channels; i) Of capturing delinquents and detaining persons who must be
detained ;
j) Of the general and special police work.
3. The chief fauzdar who is resporisible for the interna1 service of
especial police corps, shall be incharge of the duties, as head of the
post ofice, in the hcadquarters of the military command and civil
administration of Nagar Aveli, in accordance with the laws and regu-
lations of the postal services in force.
4. For the purpose of appointment of any employee in the special
police corps of Nagar Aveli an essential condition shall be that the
candidate has the physical fitness and other necessary conditions of
health to discharge actively the duties assigned to the post, which
fact shall be ascertained by medical examination.
Only para. As arule, the appointments for posts in the special police
corps shall be governed by principles laid do~vn in the provisions of
the regulations referred to under number 15.
j.The appointments for the yosts of Chief Fsuzdar, Fauzdar,
Jamadar, and Naik are in the exclusive cornpetence of the Governor
General, by an ordinance.
6. The appointrnents of Havaldars, sepoys, corporal buglars, and
buglars shall be made by a letter of appointment issued by the military
and civil authority of Nagar Aveli, subject to confirmation by the
Govemor General. These appointments, after confirmation, shall be
published in the officia1 Gazette of the Province, by the General
Secretariat of the Government.
7. In the initial appointment, however, the said posts shrtll, be
conferred on :
a) In respect of the Chief Fauzdar, under the proposal of the local
authority or bonafide individuals, of civilian statuwho besides knowing
to speak and write correctly the Portuguese language, also know to
speak the Gujarati or Marathi languages, preference being given to
those who, besides these, know also the English language;
6) In respect of the Fauzdar, on the Fauzdars of the present second
line police force of Xagar Aveli; on Sergeants or first corporal of the
fiscal guard, possessing good military conduct ,who might apply for
the same, and jnthe absence of these, on bonafide civilians or on retired
military persorincl, possessing good moral and civil conduct, who might
also apply for the same and have the necessary qualifications, at least,
possessing the certificate of primary complirnentary education examina-
tion, in which case the applications concerned shall be submitted for
consideration to the Governor General with prior remarks from the
Nagar Aveli authorities;
C)In respect of the Jamadars and Naiks-on the individuals presently
holding those posts in the second line police force in the Pragana Nagar
Aveli, and on the Corporals of the fiscal guard possessing good military
conduct, who might apply for the same; in the absence of these, on
civilians who might also spply and possess qualifications with certi-
ficate of good moral and civil conduct, and who hold at least the
certificate of having passed the primary elementsry education exam-
ination ;
d} In respect of the Havaldars, sepoys, corporal buglars and buglars
-on the present sepoys of the police force, referred to under preceding sub-clause and on soldiers of the fiscal guards possessing good military
conduct, who might apply for the same, and in the absence of these,
on bonafide civilians who possess the necessary qualifications for the
discharge of the duties concerned.
Paru I.The personnel ofthe present police force, referred to under
sub-clauses (c)and (16')of this number, who fail to fil1 the vacancies
in the special police corps, shaU be discharged from service.
Para 2.The application for filLingthe posts of Fauzdars, Jamadars,
and Naiks, shall be addressed to the Governor-General and for the
remaining posts to the military commandant and the civil administrator
ofNagar Aveli.
II. ilslong as the uniform scheme of the personnel of the second
line of troops of Nagar Aveii is not published, the personnel of the
special police corps, shall Wear uniforms identical to those actually
worn by the second line police force of Pragana Nagar Aveli.
Para I. The Commandant and the Deputy of the said special police
corps shall Wear the military uniform of the class to which they belong,
as well as the arms and eqiiipment of the same.
Para z. Besides the arms and equipment which they have to carry,
the Chief Fauzdars and the Fauzdars shall be obliged to obtain, like
the other staff of the corps, at their own cost, the respective uniforms.
Para 3. The arms, material, and equipment of the Jamadars, Naiks,
Havildars, Sepoys, Corporal buglars, and buglars, shall be provided
for them, for duties, by the State.
12. Both in respect of the officers (Commandant and Deputy), as
well as in respect of any N.c.0.'~ of the garrison of this State, the
time of service perfonned in the special police corps of Nagar Aveli,
shall be considered, for al1 intents and purposes, as having been per-
formed in the first line troops by virtue of the proviso of article 19,
of the bases approved by decree, dated the 19th. july 1894.
The statements relating to the strength of the said special police
corps, shall be fonvarded periodicallÿ to the head office of the military
headquarters of this State by the Military Commandant and Civil
Administrator of Nagar Aveli, as if it concerned an exclusively
military unit.
13.The constitution of special police corps of Nagar Aveli can be
altered, increased or rcduced by the Governor General, according to
the requirements or urgent needs of the service.
14. The personnel of special police corps and others who form part
of the second line corps of troops shall be sworn in by the Iocal
authorities,-d shall enjoyall the rights,gu~antees and privileges
as agents of public force.
Residence of the Governorate General at Nova Goa, aznd June
1908.
..... The Governor General,
(Signed) JoseM. DE S. HORTA E COSTA
54 In 1913, during the celebrations of the Medical College in Goa, a
brilliant student, Dr. Joio Barreto, said in his speech: "1 salute my
rnotherland, Our Goa, integrated in the great Indian nation to which
it once belonged, conquering the conventional barriers of the Ghats
and establishing the necessary diffusion of principles and interests
with our Alma Mater to which we are bound by ties of race, civilisation
and blood. Because, heing an Indian, 1 need not hide the fact that
my utmost patriotic aspiration is to see the great Hindusthan "free
itself from foreign domination". Menezes Braganca applauded the fiery
student in Izis paper "Debate", and commented that the student had
"expressed the far-off aspiration of an intelligent Indian"-("Debate"
1913). In 1918, Menezes Braganca protested against some measures
imposed during the dictatorship of Sidonio Pais.
Dr. Salazar destroyed the promises of the DemocraticGovernment
by introducing the Colonial Act, and established liateful distinctions
among the Goans themselves, by labelling them as "the assirnilated
ones" and the "natives", He went even furtlier: he attributed to
Portugal (or to himself) the organic function of possessing and civilising
the Overseas Territories. The stigma of colonialism was accentuated
in the Decree No. 29,244 of the 8th Dec. 1938, which determined that
the advantages conceded by Article 24 of the Decree 22,209 of the
27th Aug. 1936 to children of Portuguese-European parents, though
born in the colonies, are applicable to ail their descendants, either
direct orby legitimate affiliation, and that the civil servants in these
conditions will have a right to al1 the salaries and subsidies that the
law concedes to the nationals of Portugal; and that the civil servants
from the colonies who do not descend from the Europeans in the terms
mentioned in this Decree "are not entitled to the colonial subsidies,
whichever the colony in which they work". How can the Portuguese
Government, in the face of this evidence, deny that it lias a colonial
policy which definitely establishes differences of colour and status
between Portugal and its colonies? The elected.mernbers of the Govern-
ment Council protested against this Colonial Act, and repudiated it,
asserting that it was of the organic essence of Nations to assert their
right to self-determination.
Gilberto Freire also lamented that the Goans should be denied even
an administrative and political autonomy: "1 believe the time has
corne when Portuguese India should become less colonial and more
autonomous, more Indian and even more National, in its Government.
It is necessary that Portugal should not commit again in India the
mistake which itcommitted in Brazil" ("Aventura e Rotina", Rio de
Janeiro, 1954, p. 268).
Al1 this repressive policy, on the one hand, and the advancernent
.of the peoples of Asia and Africa, especially of Independent India,
on the other, prepared the-nationalist feelings of the Goans for the
struggle for freedom, many of them having already bequeathed their
very lives.
This led to 1946 Goan Satyagraha and its repercussions in the entire
"Portuguese India", as described in the text. But the events which led to the liberation of the enclaves and the subsequent landmarks
of theGoan struggle for freedom can be traced tothe election of Peter
Alvares as the President of National Congress (Goa).
Soon after accepting the Yresidentship of National Congress (Goa)
in 1953 Shri Peter Alvares based his line of work upon the motto,
"work inside Goa". Accordingly he went twice inside Goa incognito
and contacted prominent persons like Dr. Gaitonde, Advocate Apa
Kamat, Advocate Mulgaokar, Shri Shankar Desai and Dr. Martins.
He formed working Cornmittee consisting mainly of above named
influential and nationalistpersons who stayed inside Goa and slowly
and steadily started building up cells for the purpose of the movement.
Unfortunately Dr. Gaitonde's bold attitude in defying Portuguese
sovereignty put him behind the bars to be deported within 24 hours
to Portugal. Consequently other prominent leaders like Shankar,
Kamat, Mulgaokar and Martins were also arrested. As al1the members
of Working Cornmittee who were in Goa were put into the prison,
there was no alternative but to launch the Satyagraha Movement,
in accordance with the decision of the Working Cornmittee.
Accordingly National Congress (Goa) decided to stage non-violent
struggle inside Goa. Workers of National Congress (Goa) started to
distribute nationalist literature anthey observed 18th June, 1954, as
Goan Revolution Day, by posting posters, painting walls and streets
and hoisting Indian National Flag at most conspicuous places. Many
arrests took place and most of the workers were detained indefinitely.
The Congress then decided to observe 15th August, 1954, by sending
satyagraha batches from various places and three batches headedby
Tony D'Souza, Shri Alphonso and Mark Fernandes crossed the border
peacefully via Karwar, Terakhol and Banda respectively.Al1 the
satyagrahis were arrested and beaten up mercilessly. The batch which
entered Terakhol Fort was dealt with more severely as ithad occupied
the Fort overnight by overpowering peacefully the personnel in charge
of the Fort. To commemorate the valiant deed of the batch, the Congress
decided to send fresh batch to Terakhol exactly one month after, on
16th September of the same year. Eleven satyagrahis led by Shri
Coelho marched on that day and courted arrest bravely. îhereafter
the Congress kept sending small batches on al1 important days of
national significance, like 2nd October, Gandhi Jayanti; 25th November,
Reconquest of Goa as Black Day to the Goans, 26th January, Republic
Day.
The Congress was well aware of its limited resources and therefore
it constantly appealed the Indian people to join the struggle. The
appeal was not unheard, as was seen later on 15th August, 1955.
Meantime Sudhatai Joshi was elected President of the Congress
and she read her address at Mapuça on 6th April, 1955. On the sarne
day some deIegates offered satyagraha at hlargao, Goa. As was expected,
in addition to the Yresident and other satyagrahis many more were
arrested for political activities.
Sudhatai's arrest and constant appeal of the Congress roused the
Indian public opinion and prominent leaders like Nana Salieb Gore,
Senapati Bapat marched inside Goa on 18th May, 1955, They were
arrested, beaten up and externed with exception of few, Nana Saheb
Gore being one of them. The exarnple of Xana Saheb Gore was followed by many other
Indians who led the batclieson 18th June, Igj5. Ry now the enthusiasm
was so high that many 'Goa Vimochan Samitis' were formed al1 over
the Indian Nation. They started enrolling volunteers and collecting
funds to help the movement especially satyagraha on 15th August,
1913utthiç Satyagraha met with unprecedent violence on the part of
the Portuguese Government and many met a martyr's fate. Still people
were undaunted and a batch of 500 volunteers walked down from
Belgaum to Banda and offered Satyagraha on 19th August led by Shri
.hladhu Dandawate.
The brutal and unprecedented firing resorted toby tiie Portuguese
compelled the lndian Government to put a ban on the entry of the
Indian volunteers and the enthusiasm of the people cowed down
foltowing this ban.
A CONFIDENTIAL CIRCULAR FROM THE GOAPOLICE COMMAND TO ALL THE
DISTRIC TCOMMISSIONER AND DISTRICT POLIC EEPARTMENTÇ,
DATEU THE IST JULY, 1949
(TraasLationfrom Portuguese)
Service of the Republic-
Circular No. FC 27rlTElg.
To
AL1the District Commissionersand District PoliceDepartments.
Having realised the great advantage in closer collaboration between
the police and the civil authorities in each district,ar as information
of a social or political characterç concerned,itis hereby notified that
in future,and according to the agreement arrived at betweentheDirector
of the Civil Administration and this Command, with the approval of
His Excellency, the Governor General, the following procedure should
be adopted:
I. The district civil authoritwillfurnisha~y releuafitinformatiotz
that may beof interestaboutindividuds that areszcspecteitherpoliti-
caLLyor socially, to the local Police, eitlzerfhroughdirect contactor
fiersonally-expediting the matter ,as fur as possible. The Police
acting on this irrformatiola,shdl take immediale ste$s, eithertua
searrh, detention, etor to increase its watch over the,individuals
inquestion, as the case may be;
2. Similarly, and under the same circumstances thepolice will
furnish the Civil authorities with any infoimation that it'may havé, ANNEXES TO REJOISDER (F 90. 117) .33
, and which might interest them in cases under consideration. in
this manner the susfiicions thad they may havenlredy entertained
indefiendently, mil1 be confirmed and the necessary steps taken in
the matter.
3. The information should be about.
Suspected elements, Goans or otherwise, that have come from the
Indian Union and who normally reside there.
Susfiected elements residinin this State.
4. In order to jacilitate the cafitinGoa, of u11the individztds
sought by the Police, who are acczksedof committing ccrmes against
the security of tState,the Police aztthorities should make avaiEabEe
to the Civil autho~ities the necessary details of the individuins
question, with extracts from the general nzonthly List fire$ared by tliis
coînmand, reference towhich is madin the circztl31-33 of 23.12.48.
Your attention isdrawn to the importance of the subject rnatter of
this circular which is intended to consolidate the close collaboration
that should be already existing between the Police and the civil
authorities.
Al1that may refer to its being put into practice and the manner in
which itis being carried out, should be made a $art of the confidentid
weekly re$ort as denlt witin the circf~lFC-I~I~TE of23.3.1948.
(The Police Command of Goa, 1st July, 1949-
Commandant, Jose Manuel NOBRE DE CARVALHO).
APPENDIX VI
(1)
1\ CIRCULAR FROM THE POLICECOM~IAN DF GOA TO ALL THE COMMIS-
SARTATS AND POLICEDEPARTMENT SF THE DISTRICTS OF GO.-TO
THE FRONTIER POSTS OF ~IORMUG.~ ~OLEM AND DOROMAROGO.
DATED 22 FEBRUARY, 19j0.
(Tra~sslatio/rom Portzaguese)
Service of the Kepublic-Police Command of
the State of India.
To
ALE the Commissariats and Police Dej5artmenisof theDistricts of Goa.
TU theFrontier Posts of Mormugao, Colem and Doromarogo.
No. FC-IS~/TE/.L~
According to the information received, from various sources, at this
Command about the political meeting of Goans that took place in
Bombay on the 7th and 8th of last January, it canhe canciuded that:
Certain Goans from that city, in collusion with others resident here,
are thinking of reactivating their activities-disturbingthe order-ln
order tomanage to integrate Goa in the Indian Unionorat least to draw
the attention of the Governrnent of India.This procedure which could
be independent of help-of any form-that may come from the above
rnentioned Government and of the Congress Party.
TOthis effect,itis intended to send tGoa,çhortly, certain individuals-chosen from amongst those not known to the Portuguese authorities
-in order to defy the laws in many places, by organising assemblies,
meetings and processions of a subversive nature.
On the other hand, the press, of fzeighbouringIndia, #ublislzed recently
certain statements oj Prime Minister Nehru, made in Parliament, and
which added to the fact that theneighbouring country is now a sovereignand
indefielzdent Republic, kas given great encouragement, for certain, to the
enemies ofthePortuguese Sovereignty in this State-those residing here and
abroad.
In all, it is thereforto be expected that the subversive activities will
intensify, it being admitted that the disgruntled elements will at least
procee. a-cording to the information received at this Command, already
mentioned.
Itis therefore necessary for the Police to be always on the alert and
vigilant, giving, more than ever before, the greatest attention to the
politico-social implications.
All the instructions already given on this matter and others which are
relevant, should be strictly followed, which is obvious, but special atten-
.i.. of.a11sub-commands, including the frontier postç, is drawn to the
following :-
(1) To intensif~ the watch over the suspect elements, and
specially on the foreign Indians, that have entered from the Indian
Union through any part of Our frontier, carrying out fully the
instructions laid out in the Confidential Note No. FCIII~~~TE~IZ
of 10.8.194j. The number of subversive journals, whose circulation
in Goa was prohibited, has increased and so it is necessary that on
the frontier posts and with the co-operation of the customs personnel,
to carry out a careful examination of the baggage, giving special
attention to the bundles, volumes etc. ~vhichmight contain printed
matter. Al1the Police must by now be aware that the reccnt news-
paper of Telo de Mascarenhas, entitled "Ressurge Goa", was banned
from circulation in this State. It is suspected that it continues to be
smuggled in packcts-it being distributed here-which should at
al1coçts be prevented. In case any of the copies of this journal, or
any other, even manifestos, are apprehended inside Goa, it is always
necessary to find out its source, inorder to be able to apprehend the
individuals in charge of the distribution, taking al1 the nccessary
measures for this purpose.
(2) To intensify the collection of information coming frorn the
frontier regions, or even from inside this State. These, besides
allowing this Command to report to those above, would enable us
to surprise any subversive activities-secret or otherwise-in the
very act of being committed. And would also enable us to obtain
enough elements on which a future police action on a more firm and
secure ground could be carried out.
It is necessary to abandon comflletely a cornplacent attitude of hoping
that the injormation will reach US. The injormatiom Ras to Beferretted out
and even Frovoked.
Generally, this Command has found that rarely do the weekly confi-
dential reports contain any information of value, when, however, from
the politico-social point of view, there would definitely be something
concrete to inform, if there were proper inquiries. ANNEXES TO REJ0lh'I)ER (F KO. 117) 835
Of special importance, with relation to Nos. I and 2 of this circular,
we can consider the collaboration that must exist between the district
police authorities and the civil authorities of the district (see confidential
circular No. FC.Z~I/TE/~ of 1.6.1949).
(3) The personnel responsible for patrol duty are advised to carry
out these important duties with great care and vigilance, specially
at nights.
(4) To intensify the patrol grounds, specially at nights. On the
part of the police comrnissioners and police commandants-where-
ever there are police forces, including police posts and the frontier
posts-the decisions of this Command on security shouId be strictly
followed. (ArticleIO of O.S. IZI of 10.9.1949.)
(5) Starting from the accepted fact that the Consulate General
of the Indian Union, constitutes at present, an important centre
of anti-Portuguese propaganda, special attention should be paid
to te Consul General's movements andthe persons who accompany
him on his trips,to any localities, carrying out completeiy what
has already been decided about this matter.
(6) Immediate action should be taken on, ifit has not been
already done, where it applies to the No. 13 of Article 45 of the
General Regulations of P.E.I. so that al1the sub-commands will be
able toaccommodate rapidlyand at any hour the maximum strength
disposable.
(7) Al1 the expenses incurred for special transport needed for
prompt action of the police in case of disturbances or in any other
urgent case in matters of a politico-social nature, will be sanctioncd.
This Command has already had occasions to inform you accordingly.
FiltalEy, and according ta estoblishedprecedents, this Cornrizandwish
thatut the slightest sipz of an attemut disobedienceof the laws, the Police
should uct wifh firmness-even with ~)iolenceif necessary. Carrying out,
without delay the necessary arrests tn bring about a prompt and secure
reslrainb.
This Command also wishes that al1 the incidejzts O/ a fiolitical nature
should be gone into ut its source, that is, taking al1the necessarymeasures to
find out those responsible, even though the indicationmay show that they
are not very importnxt.
Police Command of Goa, 22 Feb., 1950.
The commandant,
Joçe h,IanileKOBRE DE CARVALH (O apt.). This Command has found that at times, the information of a politico-
social nature whicii is supplied by the same sub-command about the
same individualan different dates-is completely contradictory.
On the other hand, it is neceçsary-as has already been advised by
this command-to pay the greatest attention to the politico-social
aspect in the police references. And besides this, it is necessary to
organise a filing system with individual files, oa politico-social nature,
about al1those individuals who are suspected of entertaining nationalist
Indian ideas or others of a subversive nature, who reside in the area
of each sub-command. These should be done independent of lvhether
individual proceedings will be taken when justified.
Under these conditions, it has been decided that:
I. Al1the sub-commands (Commissariat centres and Police Depart-
ments) will maintain a filing system with individual files of a special
type, to be called at present "il Politico-Social File".
z. Every Goan individual resident in the area, or even resident in
another area, who has interests there and who is suspected ,of enter-
taining nationalist Indian ideas or other ideas of a subversive nature,
will have a file.
3. For the important ones, that is, for those individuals about whose
subversive activities thereis no doubt, and also for those about whom
the command has been already positively informed-for any end-
special proceedings will be taken, the senal number of which will be
included in the respective file for an easy reference.
4. In filing; the files will be arranged in an alphabetical order relative
to the surnarne.
5. On the 2nd line of the file, the designation of the sub-command
that. is interested in the case, and the number of the proceedings against
the individual, if taken, should be entered.
The space for "Activities developed", should be filled with any
interesting details-specially if there have been no proceedings taken,
why it has not been justifiable to take the proceedings.
be only filled with:-ceedings-Crimes organised and their end" shoiild
the No. of the proceedings, dates, etc.
when, in fact, proceedings-crime were organised.
But in this case, there should also be an individual file of type
1C/1z, as already decided.
The space for "Information given by the PoliceJ', should be
filled with the numbers and dates of the notes, which gave positive
or doubtful information to the comrnand, so that they can. be
immediately referred to and whose duplicates should be filed into
the individual proceedings where it has been justifiable to do so. 6. For the individuaI proceedings, when taken, should be attached
not only the duplicates of the notes received or sent relating to this
individual, but also cuttings from the newspapers, where there are
articles about them, notes about their particular activities,the manner
in u7hich they were obtained, any relevant data which can be looked
up in the files of other individuals and which has a link with this
particular individual's file; any photographs, etc., etc.
There should be a serial number given to al1the individual proceedings
as they are organised.
7. This Politico-Social file has, obviously, to be completely inde-
pendent of the Police file referring to the wanted criminals and of the
fileICIIP, there being cases when the same individual may have two
or three different types of files.
In the meanwhile, your attention is drawn to the fact that the
politico-social file and the fileICIIZ should restrict themselves only
to the. particuIar area of the sub-command, whereas the police file of
wanted criminals is of a general nature.
8. The aliens-indians or non-indians-who norrnally reside in the
area of the sub-command, and 'who are suspected of entertaining sub-
versive ideas or who try to interfere in the interna1 politics of this
State, should also be entered into the files, by filling the respective
individual file and where it is justified to take individual proceedings.
g. No Politico-Social filing-system will be maintained at the head-
quarters of the Security Division or at the Police Identification Depart-
ment.
IO. The Central Police Command will maintain a general Yolitico-
Social filing system relating to the whole of the State of India; taking
the necessary action when needed. This does not mean that constant
inquiries should not be made of the sub-command for information,
whether to help in taking the action or to confirm the information
already received, as also when certain data about a particular individual
is needed. This data which might be in the private files of the sub-
command and is not already included in the general file.
rr. Whenever there are inquiries for information of a politico Social
nature, the sub-commands should not rest content with only giving
the information asked for on the basis of what is contained in the
file, or the individual proceedings. In the majority of the cases it will
be necessary to make a discreet investigation with respect to the matter
under consideration in order to be able to convey the maximum of
up-to-date information with the greatest security.
12. In the files at the headquarters of the Police Command, there
should in addition be, under conditions mentioned above, individual
files and individual proceedings when they are justified, about the
fol1owing:-
Portuguese-Indians resident normally abroad, or who have taken
refuge abroad.
Those individuals of the neighbouring countries who are well
known as the enemies of Portuguese Sovereignty and who do not
reside in ,this State. Foreigners-specially Indians-resident in
Goa, Damao and Diu. 13. The Frontier Posts will be supplied by the Central Police Com-
rnand with the necessary details about individuals who are under great
suspicion, whether residing in Goa or not, so as to ensure that their
passage to and fro at the Frontier is specially watched.
Also, the Police Command should furnish them with the individual
files when necessary.
14. The individual files to be filled and to which these instructions
refer will be shortly distributedto al1 the sub-commands. The files
should be filledby hand with a legible hand-writing.
The politico-social filing system should be ready by the 31st of
this month.
Police Command of Goa,7th Aug., 1950.
The Commandant,
(Signed)Jose Manuel NOBRE DE CARVALHO.
A list (ina tattered state)of about 2000 Goans, organised under this
circulasis also in possessionof the New Administration. (Translation from Portuguese)
SEAL.
(Policia do Estado
da India-Comando.)
Service of the Republic.
Police Command of Nova-Goa, 11th Feb. 1947.
To :
The PoliceDepartmefitof Silvassa.
ConfidentialCircular :to al1the Commissionersandfrontier policefiosts.
It has becomeevident thatthe propagation of subversiveideas isnow
done through the medium of the theatre,sfiecially by those who tour the
country, enacting filays whose scripts are full of ideas that are revolu-
dionaryand of a vexatioztsnature to thePortuguese Sovereignty.
This Department, under Section 5 of Article 17 of the Replations
of the former C.P.F.I., will impose a censorship of the scripts before
the plays can be performed, stopping the performance of those whose
scripts are of such a nature.
It is also necessary, so as to enforce Section 2 of ArticleIIO of the
same Regulations to always send, even though there may not be a
reqiieston the part of the organisers, enough number of personnel ta be
able to check on the performance and maintain.order.
This personnel should immediately stofi dheperformance, if thereis an
alterationin theprogrammeor ifduring the courseof any songsorspeeches
and otherparts of thefierformance,it is found that theseare of avexatious
nature to thePortugueseSovereignty.
The Commandant-(Mario SILVA , apt.).
(Translation from Portuguese)
Service of the Republic,
Police Command of the State of India,
Goa, 1st September, ïgjû.
No. FC-~OI/TE/Z~.
To: Al1 the Commissariats, Police Departments and Frontier Posts-
To becarriedout.
Intense ProPagandais being continuously carried outopenly beyond the
frontiers, by theenemiesof thePortuguese Sovereigntyin this State. INNEXES .ro REJOINDER (F NO: 117)
840
And, also, they have already made public their intention to pay
voluntecrs to enter our territory in defianceof law, disturbing the order
and peace that we have maintained.
It is possible then, that shortly someelements mightso venture, which
necessitates that the Police have to continue to be vigilant at the Com-
missariat Centres, Police Departments, Police Posts and Frontier Posts,
paying attention to the confidcntiai circular Na. Fc-g16/TE/zq, of
17th June, of this year.
And according to what has been said from time to time, and keeping
with the precedents set up, this Comma~zddesires that at the slightest
attentpt at disob~dienceofthe laws the Police shozddact, with firmlzessor
evenviolence,lhereshouldbe no hesitatio~iiît making use of arms, if neces-
sary. Specially if the adverse elements are found to be armed-and
making the imyrisonments and detentions which might be felt necessary
to bring about a prompt and secure restraint.
1st Commandant,
(Signed) Jose Manuel NOBKE DE CARVALH CO,pt.
(Translation /rom Portuguese)
Service of the Kepuhlic-Goa Command.
11th Au~us~, 1949.
FC-457ITE124.
Al1 the Commissioners, Sectiolzs and Frontier Posts and the Security
Division-To be carried out.
The 15th of this month being the 2nd Anniversary of Independence
of the Indian Union, it is required to observe closely the fol1owing:-
(a) During 14th and 15th al1the persona1 leave of the employees
of the Police Force is suspended.
(b) In al1 the sub-Commands, during the night of the 14/15th
and the whole day on the 15th, a constant patrol of al1 the public
places will be maintained, speciallyin the cities of hlargao, hlayuça
and Goa, and Ponda, and s$ecial meusures wiUhave to bs taken i;iz
ordertosurfiriseany PoLiticalmeetingsin theopen,and thedistribution
of subversivepamfhlets or sticking of posters.
(cl In al1 the sub-Commands it isnecessary toensure that there
should be at the post a sizable police force, which can be easily
transported by an auto-carriage. (d) ArticlesII and 12 of the Confidential Circular No. 1351TE
of 13.8.1947 should be closely followed.
(e) Processions or meetings, and even the display of flags of
the Indian Union on the roads, are banned.
(f) In al1the Frontier Posts, extreme vigilance sbelmaintained,
specially during the 48 hours preceding the above mentioned date.
This hasin view,sfieciallytheprevçntionof entuyloelemsntsrecognised
as fioliticaEagitators.The ovderstheDecreeNo. 4632 shall bestricfly
enforcedas alsotheregulationsand otheî.decisionsof the Coînmand
.the subject, inclztding those referving to the eîztry of any subversive
$ubEications.
(g) In al1the sub-commandç, in case order cannot be restored by
the Police, which is quite improbable, help from the neareçt military
force should be immediately requested.
(h) Independent of any immediate communication to the Com-
mand, a short report should bc sent by the ~Gth as regards the
measures taken and the manner inwhich .the 14th and 15th liassed.
(Signed) The Commandant-
Jose Manuel SOBRE DE CARVAI.H (Oapt.).
Service of the Reputilic.
Goa Command, th July, 1952.
Ali the Cornissariats,~olici Deparlments and Frontier Posts-To be
csrried out.
NO.FC-j32/TE/24
From the information received by this Comrnand, it is cvident that
members of the "UNITED FROXT OF GOANS" are making arrangements to
shortly offer "SATYAGRAHA" in the State of India (Goa) against the
-Portuguese Sovereignty.
All the Sub-Commands are adviçed to be vigilant, carrying out in-
strilctions that have already been given on this matter.
The 1st Commandant, .
(Signed) Fernando, DA CAMAR LOMELINO,
Cap. Inft.
.........(Translation#romPorluguese)
Silvassa, pst July, 1953.
The District CommissionerJs
Office,Damao.
IIITE.
For the necessary action to be taken, this Commissariat informs that
the lawyer Carlos da Cmz, left rodayby the 6.30 a.m.train for thcity
of Goa.
(Signed) Jose Manuel DE OLIVEIRA MARINHO FALCAO,
te%. de cav.
The Assistant Commissioner.
(There are many letters of this kind in archives of the Police post of
Silvassa.
Biografihicalnotesof Carlosda Cruzand his associates.
Senhor Carlos Luiz Martinho Nazario da Cruz was appointed teacher
ofthe school of Silvassa by order datedthe 2nd September 1930,published
in Boletim Oficiale No.71 of the 5th September, 1930.He assumed his
functions on 12th September, 1930.
On the 29th August, 1932 ,e had to hand over his post to Dr. Rama
Krishna Probo Loundo under the telegraphic instructions from the
Reparticao de Instrucao Primaria dated the 27th August, 1932. AS
soon as he arrived in Silvassa he began a publication of nationalist
paper named "Sandalcalo". In one of its numbers he wrote as follows:
"For the freedom of people great activity is taking place. The entire
world goes through a momentous crisis of the emancipation of people.
There is a struggle for the rights of the suppressed people. The people,
suffocated by the bloody paws, are dying and their bodies are rotting.
They are tired of suffering and are breaking the chains of bondage and
advance steadily, The hymn of freedom strike on the ears of maises.
Only the people of Nagar Aveli have not yet given the sign ofthis great
movement because it is dominated by the scourge of Saukars. Nagar
Aveli does not and cannot advance until the Government checks the
position of the Saukars. But the Government is rather helping them to
maintain their position by handing over the rural powers of admmis-
tration into their hands. The Saukars after they have exploited the
poor varlistake out abroad the money."
Carlos da Cruz was considered by the local authorities and by the
Police as a nationalist agentHe had in his house the photographs ofGandhi, Motilal and Jawaharlal and he had political connections with
T, B. Cunha. In the newspaper, Anglo-Lusitano of Bombay, he carried
out hiç nationalist campaign and encouraged nationalist activities in
Goa by receiving correspondence from his friends there and sending
nationalist litcrature to them. For thiç reason, Anglo-Lusitano was
banned in Goa and Portuguese colonies. In his own newspaper, Carlos da
Cruz made strong criticism of the Portuguese administration.
In the confidential notes of the Chief of Police,Falcao, it is written:
"Carlos da Cruz has a file. Obs.: former teacher, dismissed for
subversive activities and ideaç contrary to the Portuguese sover-
eignty. He maintains connections with political enemies of our
country. He has a brother who works in Bombay. On the zgrd July
1946, there was a meeting at his house and it is presumed that
political matters were discussed there, especially those which had
taken place at that time in Goa. It is presumed also they discussed
djstribntionof subversive leaflets. However, when he was arrested
there was not enough evidence-see my note NO.62/M of 15.10.46.
This meeting was to take place in the house of Vanmali Guela,
But since it was not authorised there it took place in the house of
Carlos da Cruz. His brother's name is Antonio da Cruz and works
at Bombay Port Trust-see my confidential note No. 4412 of
4.1.5 and No. 1712 of 4.2.54. He requests, the people who go to
police station and to the administration, to go to his house and
question them."
The names of peoples who go to his house are given as follows:
Carlos Cruz, Jeronimo Faleiro, Jose Braganca, Vanmali Guela,
Professor Naru, Bramane Barbe, Godavari Parulekar, Correia, (owner
of Bar 'Metro'), Placido do Rosario (Damao), Dana Nagar, Rodolfo
Lino de Oliveira Colimao (businessman and land owner, former Patel,
dismissed, considered right hand of Carlos da Cruz), Bocar Goja,
Rupgi Cheito (he cornes to the house of Carlos da Cruz every day);
Kantilal Norotorno (he has two brothers in Damao and close friends of
both the Notarany Washington Fernandes and Carlos da Cruz); Omi-
parsi, landowner from Vapi (he is brother of Ceria, owner of the bar,
and constantly cornes to Silvassa to meet Carlos da Cruz); Augusto
Rodrigues (he is a porter in the administration and therefore reliable
informer of Carlos da Cruz of al1 that is going in the administration);
Patel Lobaroma de Faria (he is a Patel of Rural, great friend and in-
former of Carlos da Cruz); Alberto Mendonca (driver of ambulance and
agent and informer of Carlos da Cruz) ; Ange10Machado (assistant driver
of the ambulance and agent of Carlos da Cruz).
1 He goes constantly to the house of Carlos da Cruz. On the 13th November
1gq6,when he came out from the house of Carlosda Cruz he addressed to three
IVarlis and said to them: "smn wwillhave our Swaraj too. ththeTolias (Por-
tuguese stooges) will have to run away". These words were heard by Babu Punia
from SilvassaJagsn Revio and Biala Ravio (Kathias of the villages of Patalado
of Silvassa). 844 AXKEXES TO REJOIXDER (F KO. 117)
APPENDIX XII
A CONFSDENTIAL NOTE FROhl THE DI~TRICT COM~~ISÇION~R OF NAGAR
AVELI TO THE POLICE DEPARTMEN OTF NAGAR AVELI
(TransEation from Portugzcese)
Service of the Republic-District
Commissioner's office.
Nagar Aveli-Silvassa,12thDec. 1947.
.Note No. 69.
.To
The Police Department of SilvassaNagar Aveli.
CONFIDENTIAL
Having come to know that in the course of the next feu*days, there
\vil1arrive two perçons from outside to attend a meeting of a political
'nature at the residence of Vanmali Guela, of Silvassa, which willno
doubt be also attended by local elementI am informing you accordingly
so thatyou nzaybe ableto teks the,necessarysteps to enter bysur$inthe
meetingand to seize al1the fiapers and documents, and aZsoto arrest, boéh
the outside and the local elemenls present, andedairttbee7zt~etiall the
necessary information has beeîtelz'citedfrom them~
1 request you to take the necessary precautions. 1 shall putatyour
disposa1 dl the personnel that you may need from the Rural Guard. But
these, however, should onIy be used atthe eleventh hour, so as to avoid
the risk of being recognisedFor else, al1the precautions taken u7illhave
corne to nothing.
The District Commissioner- .
anbe be DA COSTA CABRAL ,apt.
{Translition /rom thePortuguese)
. Service of the Republic-District
, 4. Com.misioner'sOffice.
Nagar Aveli, Silvasç~ 15tDec. I ~ ~ ~ .
Note NO.7j.
To :
The Chie/ of the Police ~eparlment of Siivassd; Nagar Aveli.
Having come to know that, in the course of the iïext few days, there.
will arrive certain elernents from outçide to ataemeeting of a political
nature at theresidence of Narana Gapatrail, of Ameli in thisdistrict,
1 am informing you accordingly so that you may be able to dakethenecessary steps to sttrprise the meeting and seize $a$ers and documents
and also to detaibothdheoutside and the local elements present, until all
the necessaryinforntation hns been elicited from them.
1 request you to take the necessary precautions.I shaIl put at your
disposal al1 the personnel that you may need from the Rural Guard.
But these, however, should only be used at the cleventh hour, so as
to avoid the risk of being recognised.For else, allthe arrangements
made and the precautions taken will have corne to nothing.
The present matter is quite independent of that referred toinNote
No. 69of the 12th.
The District Commissioner,
Manuel DA COSTA CABRAL Capt.
A CONFIDENTI~IL KOTE FROM THE COMMISSIONE ORF THE DAMAUN DIS-
TRICT TO THE COMMAND.~ NFTPOLICE,SILVASSA C,LARIFYING AND
JUSTIFS'ING FROM THE KECULATIONS THE RIGHT OF .THE POLICE TO
SEARCH PRIVATE RESIDENCES
(Tra~zslatioafrom Portuguese)
Service of the Republic,
Cümmissioner's Office,
Daman, 20th Jan. 1949.
No. 6ITEJz.
To
ï'he Commandant of Police-Silvassa.
Ref. :tu note No.r/TE-I of today.
According to the regulations in 32 of articleKI of the General Reg.
of P.E.I. in force, the Police De$artment can carout any ssearchesthat
it might cu?zsidernecessary to find out any elementwhich might give a
basisfor firoceedings.
On the other hand, and according to regulation in $ 2 of article16
of the same Repilations the eiitry into private residences shüuld only
take place according to the formality of the Law, which in thiscase,
amongst others, has to observe the provision of Article3 of the Penal
Process Code, which specifies that the reasons for suspicion should be
stated.
Now, in the note under reference, it is said that the Police Department
does not have any elements ofjustification for such anattitude, andit being
so, as this Commissariat is in the same conditions, that is, withany
knowledge of elements to justify the endeavours referred to, it seems
to me that the Police Department, when rnaking use of the faciligi~e?~
in § 2 of ArticlIr of the above-mentionedReguEation,should do so, bezng
conscious of its mission and by the very jttstified reasons of suspicion,
ahether ofcriminal or $olitical nature.
(Signed) The Commissioner.
(Signature illegible.)CONFIDEKTIA CIRCULAR FROM THE COMMISSIONE ORFDXAIAO TO VAKIOUS
POLICE POSTS, DATED THE I5TH JUNE 1953
(2'ranslatiofromPortuguese)
It is evident that it is the intention of the enemies of the Portuguese
Sovereignty to infiltrate their elements into the territory of Nagar-Aveli
with the airn of disquietening the rural population by suggesting to them
ideas that are contrary to the order and obedience to the Portuguese
Government.
Under these conditions, the individuals who arc mcntioned beIow
will have to question discreetly the people of the zones that are allotted
to them, inorder to find out information on the following points, acting
in the manncr indicated:-
(1)If there are foreign individuals who have corne iiito these
zones with the aim of rnaking subversive propaganda.
(2)In case of an affirmative to the above (1),to find out 'who
these individuals are and their whereabouts.
(3)Having found out these individuals, to capture them and
transport them to the nearest post or to the Rural Guard, so t.hat
they can later be taken to Headquarters of the Police Department
of Nagar Aveli.
The action should bepvomptand fast ,aking use of arms,t'trecessary.
The personnel appointed and the zones allotted to them are:
Damao, 15June, 1953.
(Sig~zed)The Commissioner-(signature
illegible). ANNESES TO REJOINDER (F XO. 117)' 847,
A NOTE FKOM THE COMMISSIONE RF DAMAO TO THE CONMANDA OFT
P.E.I.
(Translation of Portuguese)
District Cornmissioner's Office,
Damao, 28th May, 1954.
The Commandant of P.E.1.-Goa-Addition to the Note
Xo. I~~/TE of today.
Ihave the hoiiour to inform Your Excellency the fo1lowing:-
That during the course of this week there will come io Vapi, Nr.
Tristao da Brangança e Cunha, Peter Alvares and the Editor of the
journal "JAI BHARAT" ,norder to make (2words are torn) subversive
propaganda.
(Signed) Jorge DE MELOGOMES (Ten. hlil. Cav).
The Commissioner.
,4 copy to the Sub-Commissioner of Xagar-Aveli.
APPENUIX XVII
(Translation fram Portz$guese)
SiIvassa, 1st June1954.
The PoliceComnzand oftheState ofIndia, Goa.
WC inform to your Command that, accordirig to the information
received, further22 ~iolicemen ofthe lndian Union were placed at the
post ofLavacha. Thuç, that locality has a total35fmen. 'Thesemen are
armed with rifles and have ammunition and have orders no8 tumake use.
at allofthesr avms.
During the conversation we had, they said that as they did not have
orders to fire, if ther\vasany incident they could do no other thing
than give in. They dicl iiot explain to what they were referring to.,
The 22 men thatcame tct reinforcEavacha, did not passthroiigh Dadra,
as they came through Tambari.
On the 27th of last month, at 6.30 p.m,, theD.S.Y., &Ir.Guklê,ac-
companied by InspecterJala and a 'fosdar' with the name Dessai, were in
Lavacha, having passed through Dadra and come up to Pimpolia, not
having entered out- territoryIt is known that these three individ.1~
Lame to firidoutif therurasreally a group with the intentions of offerlng
Satyagraha' in Dadra. But they returned toVapi at7.30 p.m-
On the 28th of last month,inthe morning, zo men, armed with riflesbelonging to the post of Phonda, came to Lavacha on the orders of the
D.S.P. Mr. Gokle. These didnot pass through Dadra asthey came through
Tarnbari. At about 12 noon of the same day, the D.S.P. Mr. Gokle went
to Lavacha passing through Tarnbari, and gave orders for the same 20
men to return back to their former position, at the post of Phonda.
Inthe locality of Dungra thereare at present 8 policemen of the Indian
Union armed with rifles. On the 31st of last month, there were in the
course of the morning in that locality (Dungra) about 50 policemen ~vho
left in a short time: destination unknown. But they probably went to
Vapi.
In the Phonda locality there are at present 34 poIicemen of the Indian
Union.
It is knowri that the authorities of the Indian Union are making
arrangements for a post at Tampori. Ir is not known whether this point
will be only a police post, customs post or a combined one.
According to information, not yet confirmed, the authorities of the
Indian Union make a great deaI of personnel rnovement, in order to
give the impression that the posts are manned by a large personnel,
when the tmth iç that the personnel is always the same. They are today
at one post, tomorrow at another and thus in succession. This personnel
is al1 stationed at Vapi and is transported in the morning, first to one
place, then to another, and at night they return to Vapi. Sometimes,
they remain for more than a day at the same place.
(Note: The remaining seven lines of this document are half torn, and
therefore unintelligible.)
The letter is from the Daman District Commissioner's Office: It is
signed by the Commissioner... (Jase MANUEL ..)
(Translation irom Portuguese)
To
The Sub-Commissariat of the Nagar Aveli District.
Silvassa, 17th April, 1954.
(24) No. 130lEl91j~.
CONFIDENTIAL
,For the necessary action to be taken, you are hereby informed that by
the order of His Excellency, the District Governor, the Police post of
Qztelaunim was strengtkened with two additional membeïs O# the Rural
Guard, whose names are given belou.:
Guard Francisco Xavier André da Conceiçao Mendonça,
and the sepoy ;
hlaniiel Joao do Rosario.
The Administrator of the District,
(Signed) (VirgilioF. Fidalgo-Cap. ref.) APPENDIX XIX
INSTRUCTIO NBOUT THE TRAINING OF NEW RECRUITS-AUXILIARY
GUARDS, AS LAlD DOWN BY THE SUB-COMMISSARIA OFT NAGAR AVELI
Dated the 9th July, 1954.
(TransEation#romPortuguese)
Order No. I
Until orders to the contrary, the auxiliary guards will not be engaged
actively.
The 'sub-chefe' Aniceto will be the instructor of these guaand wiil
choose from amongst the police personnel at his disposa1 those he needs
to help, informing his superiors who they are.
Shortly, you will receive a detailed programme to be followed, but
till then, you wilI continue to give instructions within the plan sent.
Any requiremeiits or doubts that the 'sub-chefe' Aniceto might have
to conveniently carry out these orders should be put fonvard to the
superiors. This sub-commissariat will try and solvc al1 the needs and
doubts,
In case of need of certain elements inrder to impart the instruction,
a request should be made to the superiors asking for the elements neces-
sary, for, taking into account the isolated nature of this post, it isnatural
not to be able to have certain elementsabsolutely necessaryfor a proper
fulfilment of the mission entrusted to you as instruofthe new recruits.
Al1 theinstruction should be given in the interior othe $est,and as
discreetlyas +ossible,in orderto avoid that both the peoplt!of Dadrand
theIndian authorifieson the borderhaveno knowledge of thejunctioning of
a schoolfo~new recrztits.
It will be convenient to give constant rerninders, both to the new
recruits; and also to those who are attached to thepost, to observe the
greatest secrecy about the increase ofthepersonnel and the instructior,
that is being given.
îhe 'sub-chefe' Aniceto will see to it that the new recruits maintain
excellent relations with the local popuiation, withoucreating any dis-
tressing scenes,-showing them the manner of correct behaviour as
Police guards, and reminding them constantly of the reasons for their
being exonerated from service and the great advantages that they have,
in behaving properly, without besmirching in any form the community
to which they belong.
The 'sub-chefe' Aniceto, willinform immediately about any fauit.he
notes amongst these he is instructing, whetlier of a professional, civil
or moral nature, never forgetting that to coveup one fault however not
serious it might be, that it might in the future barm him who committed
the fault as also those who allowed such a fault be forgiven. Thereby,
giving him a false idea of discipline and the carrying out of his duties.
Ir.PLAN OF INSTRUCTIO :N
I. Military instruction-shortrcvision and refreshening of the know-ledge acyuired during the military service, which might be of interest
when rarrying out the duties of the auxiliary guards of the P.E.I.
2. ProfessionaT instruction-short revision and refreshening of the
knowledge acquired in the former Police Corps and the P.E.I.
Silvassa, 9th July, 1954. Comissario Adjunto,
(Signedj (Jose Manuel DE OLIVEIRA MARINHO FALCAO ten. de Cava.)
(Tra?zslation/romPortuguesej
P
Designation
Sede do Comissariado . .
Posto de Cararpara. . .
Posto de Cadoii . . . .
Posto de Dadra . . . .
Posto de Soroli . . . .
Posto de Canoel . . . .
Posto de Pimpolia . . .
Posto de Luari . . . . .
Posto de Queridi . . . .
Posto de Quelaunim . .
Posto de hIandonim . .
Posto de Raiida Grande
Posto de Aiorcol . . . .
Posto de Velugao . . . .
Posto dc Dudonim . . .
Posto de Sili . . . . . .
Posto de Umborcoi , . .
Posto de Amboli . . . .
-
Total. . . . . . . . . I - - - I I IO 22 304 339 281
Cornando da Policia em Goa,
12 June, 1954.
The Cornmandan t,
(Signedl Fernando DA COSTA REVEZ ROMBA,
Cap. de vac. ASXEXES TO HEJOINDER [FNO. 1171
INDEPENDEND TADRA
(Translated /rom Gzszerathi)
'OM'
Honourable Administrator,
1 give the following statement aper my persona1 talk to you that
1 would give a short statement of what-ever Iknow about the Inde-
pendence movement of Nagar Haveli. 1 don't mind if you keep as
much as you deem reasonable. Further 1 request that learned like
you will correct my mistakes and will guide me. Whenal1the intelligent
nations of the world were forming the opinion that any individual,
party, group or nation cannot thrust its authority over other without
other's permission regarding belief, Government or authority and
nobody shoaId consider any body, as its colony without the wish of
the people, but should hand over the administration, and when in
India wise Britons left their authority and accepted the principle that
Indians have their own right Io make their country well administered
and prosperouç. Since :then I had already got the inspiration thatI
have duty towards the village and the district in which 1 reside. 1
am not circumscribed onIy by iriy selfish interests, but1 should do
something for my district. But 1 riid not find anybody from my district
to feed rny inspiration.Rut from June 18th 1954, 1 got the person
who makes himself known as Shri Karmalkar. And after having myself
well acquainted with him, with humbleness 1 requested him that if
sornebody properly guide me then 1 also can be of some value. After
starting the correspondence regarding thatby grace of the God 1got
some introductions. With a view to cal1 some good andgreat personal-
ities of Nagar Haveli; and to relate them my this wish with a view
to put into practice, my that friend suggested to arrange a musical
programme at my business address and 1 liked that proposal. And
the night of 26th June 1954 was decided to have the programme of
music at Lavasha Ashram. And invitations were sent from Nagar
Haveli to sorne in whom I had faith and my relations. In that two
os three people came irom SiIvassa, many came from Dadra. And on
that night this idea wüs put before some of them. Some of them have
remained with us upto the end. Some of them have helped us from
outside as much asthey can. While some of them showed me the danger,
while some talked of demanding the right from Portuguese Authority,
but as 1 did not like it 1 arrangemy plan with my friend in my own
way through correspondence and I met my friend Karmalkar at Vapi
at the residence of Rhikhubhai Pandya on 2nd of July and at that
time 1 saw a new person, who ultimately turned out to be Our friend.
On that day it was decided that one bold and a man who knows the
situation was to come to my residence at Uadra ia disguise as Bhaiya
(watchrnan) to look after grass land. Andt was that person who came
to me on 13th July and whom 1 introduced asmy Bhaiya and assured
the Portuguese Officer about that. We were pondering over the matter
that how and in which way to fulfil Our plans. And informed about
it to the people on United front of Goans who were trying the same
thing: that jayantibhai and Karmalkar from Lavachha Ashram are852 ANNEXES TO REJOINDER (F NO. 117)
very well progressing. Therefore those people from that partÿ asked
for Our help. People from that party joined us and came to Dadra
laieat night on ~1st. Though tliere was tirnc, circumstances were not
propitious, herefore that night we returned. On the night of zznd we
achieved the independence of Dadra by firing and thereby causing
fearin Portuguese police.F'lihiinlehat action in Junta the Portuguese
Officer tried in fatal way to answer us but luckily due to thhelp of
my friend that officer was injured and afterwards he died. Dadra became
independent. And secretly 1 started work as Sarpanch (ail elderman).
On 26th of the same month the Panchayat (village assembly)to
administer Dadra was announced. Through mhich a branch of Dadra
fair price shop was opened with a view to give facilities to the people
of Dadra and to supply them neceçsary food articles. In that1 was
greatly helped mainly by Shri Brother George, Shah Ratan Chand
Naval Malji, Desai Nathubhai Bhulabhai and Bhikhubhai Naranji,
from Dadra. Entire population at Dadra was jubilant because of
emancipation from çlavery and therefore we got their CO-operation.
During that time 1 had with me Nanprasad Maher who came to my
place as Bhaiyaji : but 1 cannot publicly participate inexecution of
my duties. Because if my name appearç in paper and if that story
goes into the side by SilvassAof Nagar Haveli: then my two brothers
with families might be imprisoned. Due to that fear1 had to do al1
in the name of other. After al1being helples1 sent 'Nanprasad' Maher
there as 1 realised that there ino meaning to my work if we do not
free Nagar Haveli; and 1 calied my friend Karmalkar. On 28th Shri
Karmalkar, Shree Lavanda, Shree Lad, Shree Bhatt and some others
whose name 1 don't know, inal1fifteen and with Mr. Nanprasad Maher,
we seventeen, met. We called secretlyrny two friends from Naroli
village who had promised to help us, and under their guidance we
freed Naroli on the night of 29th. From that we got few good weapons
and we became more enthusiastic and zealous. Therefore on 1st and
2nd we freed the Racoli part of Nagar Haveli. We received good
assistance from Shri Gumansingh of Naroli, Bhikhabhai; and one
other whose name 1 don't know. With the help of Shree Vanmali Das
Ghelabhai of Silvassa, my brothers and other friends and others we
freed Selvassa. In that Shree Prabhakar Senai, Prabhakar Vaidya,
Shree Kanoba etc. many other people played a great and courageous
role. On 3rd July when the water of the river receded, we reached
up to Khanvel and arrested the remaining officer of Portuguese. And
brought Nagar Haveli under the tricolour flag on 15th August. Freedom
givers of Dadra, freedom givers of Selvassa who were not in any party
and who were bound by their promises decided to go back to their
original places. And as in Silvassa, the capital of Nagar Haveli, there
was Chief Governrnent Office, Mr. Karmalkar assumed the respon-
sibility as administrator and the friend %ho came as 'Nanprasad
Mahesh' assumed the responsibility as the Head of Police and began
to rule and protect Nagar Haveli. And the preparations were under-
going to form Village Assembly there. And then the village Assernbly
of Dadra handed over the free Dadra ta the authority at NagarHaveli
by formal ceremony. And then merging the separate freedom movement
of Dadra and Nagar Haveli in one, the whole administration of Nagar
Haveli began as before. People CO-operatedfully. Afterwards we created
a Government machinery with the help of well versed, learned and experieiiced people; and we twofriendstried to concentrateour attention
towards Daman. As hopes were sprouting from that Shri Karmalkar
went away to do whatever he could for Goa. And with a view to serve,
I discharged my duties as member of the whole Nagar Haveli Assembly,
President of judicial tribunal, member of municipality, head of the
Group Assembly of Dadra etc. Due to the brotherhood that has arisen
between me and my citizen5 up to today, we live with peace and self-
respect under the administration of Shri Furtado Saheb. I am not
aware of any causes of anything to have taken place except this.
.303 rifles ....... - 4 .41o rifles...... - 2
Piçtols: Star ...... - 3 Savage ....... - I
Bayonets ...... - 4
Piparin
.qro rifles ....... - 2 Pistols: Star. .... z
,303 rifles ....... - 7 ,410 rifles...... - 26
Pistols: Star ...... - 4 Grenades.HE 36 ... - 7
Savage. ........ - j Bayonets ...... -112
Khandwel
.3o3 rifles ....... -21 Sten - ....... - I
Pistols: Star ...... - 4 Grenades HE 36 ... - 3
Dadra
.303 rifles ....... - 3 .q~o rifles...... - 3
Revolver .38 ...... - I Sten-. ...... - I
Bayonets ...... - 4
Udhavn
-303 rifles ....... -IO Sten - ....... - I
Pistols: Star ...... 2
Other$laces and ~UU~CES
-303rifles ....... - I 12 bore guns .... - 3
Pistols: Lama ..... - 2 Revolver .jB. .... - I
Revolver Private 45 . . - I Revolver Private .38 . - I
American Rifles ..... - 2 Revolver Private -22 . - I
Japanese Grenade. ... - I854 ANNEXES TO REJOINDER (F KO. 117)
Total Arms cafit.ured StockSkortage
.303 Rifles ....... 36 I
,410 Rifles ....... 33 Nil
Pistols: Savage....... 16 Nil
Lama. ..... I Nil
Bayoriets for .303 .... 59 Japünese Grenade .. - I
-do- ,, ,410 . ... . 61
American Rifles. .... 2
Workigzg Order Out ofOrder
.303 rifles ....... 31
Pistols:,Star......... 35
Savage ..... '6
ilmerican Rifles. .... 2
Other Weapons and Ammunition (Captured at Different places)
Jambia: Serni-broken . . I I<nife ........ I
Rubber Batons (4broken) IO
,410 Rounds ...... 7,536 .303 Rounds. .... 8,000
Gun Powder boxes (IILb.) 2
.76j mm Rounds .... zoo .3S Rounds .. : .. 25
.45 Rounds ....... zo
Sien Gun liounds .... ~oo
Ry the present ProcIamation, the Territories of Dadra and Nagar
Haveli are declared.to be-liberated from the Portuguese Colonial Rule
and established Democracy of the People. It is appealed to the People
to serve towards these Territories and its New Administration with
loyalty, since Liberty is the greatest gift of the Almighty to the Uni-
versa1 Humanity. Every inhabitant will have eqilal shares aiid rights.
The old Servants of the Ex Portuguese Govt. already shaken off will
have to take their holy oaths of alledance underneath the Tricolor Flag
hoisted on their Mast and give support to the New Regime and scrve
with loyalty and enthuçiasm and their rights and promotions are
cafeguarded. AXNEXES TO REJOINDEI~ (F KO. 117)
855
Finally to express to the Govt. of Indian Union the patriotic will and
fervent desire to integrate these Liberated Territories to the realisation
and solidification of its inalienable and inprescreptible territorial and
political Unity.
Read by Shri Luis A. Gama of Silvassa on a "munch" under the hoisted
Tricolor Flag at the request of Shri Lavande, the Chief Leader of the
"Azad Gomantak Dal".
WORKING OF THE ADMINISTRATI0;h;
At present the following meetings are held to firatch the progress of
work and issue instructions to the sub0rdinat.e~:-
(1)Patel Talatis Ueeting Every month, on the 1st.
(2)Teachers' Meeting -do-
(3) Agrl. Cornmittee Every fortnight
(4)Building Cornmittee -do-
In addition, a Municipal meeting is held every fortnight and the
Varishta Panchayat's meeting on the fifth of every month. Resides,
there are also cxtraordinary meetings of Varishta Panchayat convened
by the Administration.
The Officers meeting is held every fortnight on Sati~rday and im-
portant decisions and discussions take place in consultation with them.
Al1appointments and dismissals are made by a committee consisting
of the Administrator, Adviser and the Head of Department concerned.
Central Registers for Births, Deaths and Marriages are now main-
tained at Silvassa Readquarters.
Residents of Nagar HaveLi are now exempted from Stamp tax of
I annas twelve for exporting six faras of paddy for persona1 consumption
on a certificate from the Patel Talati and on payment of two annas tax.
Silvassa,
8.11.58. (Signed) (RAJARAM S. BOUNSULO),
Secretary.
The total area is divided in ten "Patelados" and each Patelado bas a
number of villages as fol1owvs:-
l'atetado oSilvassa Villages
I. Silvassa 6. Sambarvarni
2. Ameli 7. Maçsat
3. Atola 8. Karad
4. Raklioli 9. Saili
5. Cundaclia IO. Vagchipa Patelado of Naroli Villages Patelado of Dadra Villages
Cararpara 1. Dadra
Luari 2. Demni
Athal 3. Tigra
Canari
Dnpca Patelado of Kilauni Villages
Naroli I. Flandi
2. Golonda
Patelado of CanoelVillages 3. Kilauni
4, Sili
Canoel 5. Umborcui
Cuntli
3. Chauda Patelado of Dapara Villages
4. Goratpara
j. Rudana I. Apti
6. Selti 2. Chinspada
7. Talauii 3. Chilki
8. Umarvarni 4. Dapara
5. Surangui
6. Vasna
7. IJati
Patelado ofDudnini Villages
Ambabari
Patelado of Randa Villages
Bilderi I. Bonta
Gauncl-iu . (Gunsa) 2. Morc01
Carchum (Karchon) 3. Randa Grande
Gotha1 (Kothar) 4. Iianda Pequeno
Dudnim
Gordbari
Gunca (Kancha) Pateladoof Amboli Villages
Jamalpara I. Amboli
IO. Meru (Mendha) 2. Bidrabin
II. Querarbari 3. CadoIi
12. Vagchoura 4. .Calu
j. Carachgao
6. Dolora
Patelado ofMandanim ViIlages 7, Querdi
S. Parzüi
Berpurn g. Tinora
Bensdum IO. Velugao
Chisda
Mandonim
Querpum Area
Sindonim Dadra 3 sq. miles
Vansda Nagar Waveli 112 sq. milesLIST OF THE VARIOUS DEPARTMEN ITSTHE AUMINISTRATI ANDN THE
SAHCTIONS ETDAFFTHEREIN
I. Administrative - Secretary Rajaram S. Bhonsale
Total - II. Clerks 3
Others including
Orderlies & Peons 7
2. Agriczrltural6. Veterinery - Officer Laurence S. da'Coçta
Total - 5. Clerk L
$- 8 daily paid workers. Stockman/Compounder r
Others 2
(+ daily paid 8 workers)
3. Educcltion Depariîizent - Oficer V. S. Khalap
Total - 93. Su~~ervisor/Inspector &
H.RIs. 4
Craft Teachers 3
Clcrks 2
Seachers 76
Peons & Orderlies 7
4. Excise (including Distillery
estabtishment) - Oficer RI.G. Desai
Total - 20. Head clerk, clerk &
distiller 4
Excise preventitive staff
(constables) 9
Others - Hamals etc. G
5. Foresi Roy P. K.
Total - 49. Superior Staff 5
Prer-entitivestaff
- Guareds 4O
Orderlies & Peons 2
J.LI. Furtado
6. Medical & Pltblic Heallh - C.M.O.
Total - I 2 Doctors 3
f 13 (under Munici- Compounders 2
pality) Nurses 3
Others 3
hlunicipality
Sanitary Inspector 1
Compounders 3
Midwife & Surse
Lower Category staff 7
7. Judicial - Officer The Judge (at prescnt the
Total - 7. .4dministrator)
Public Prosecutor I
Superior staff 3
Lnwer Cntegory staff 5. Police (including M.T. & - Officer
Telephone)
Total - 59. Law instructor x
+ 20 temporarily Office staff 4
sanctioned Constabulary 41
upto 31 Dec. '59. Loaer category staff 4
+ 20 temporarily
sanctioned.
M.T. Section
Drivers 4
Cleaners 2
Tel. Section
Linesmen 2
g. Postal - Postmaster V. G. Prabhu
Total - 17. Postmen & runners 16
IO. Public Works Department. - Officer No Engineer - (at present
Total - 9. Dept. managed by The
+- 15 daily psid Advisor)
coolies. Overseer I
Superior staff 5
Lower catrgory staff -T
(+ 15 road coolies)
1K. Revenue Department
a) Treasury Section. Secretary L. A. Carapurcar
Total - 5. Superior staff 3
Peon I
b) RuraI Section Clerks 2
Total - 13. Patel-Talatis IO
Orderly /Peon I
Technical Oficer Caesar de Sa
Superior staff 2
Lower category staff 7
I. Administvation: the Secretary of Administration is the old Portu-
guese civil servant ~ho continues to occupy the same post. It is his duty
to organise the \vork of the secretariat and put before the Administrator
al1 the petitions and get his sanction whenever necessary.
2. Agricultz~re: the head of this section is the old Portuguese civil
servant who was under the Director of Agriculture in Goa. Today he
is the heati of this Department and a1soveterinary surgeon. His functions
are ;-
to see to the cultivation of agricultural Granges; buy fruit trees and
distribute them among the cultivators, getting in return a third of their
price; to sel1the chernical fertilizers; make molasses, and give his opinion
in agricultural matters; and look after the preservation of cattle, poultry
and other anirnals.
3. Forestry: A retired forest officer of the Indian Union is the head
of this department. He regulates forestry affairs, indicating those trees
which are to be sold in public auction and perfoming other functions
connected with his work. ASSEXES TO KE~OINDER (F NO, 117) 859
4. Nealth: He was a private doctor in Goa. He left Goa for political
reasons, after having been arrested twice. He arrived in Nagar Aveli at
the time when two old Portuguese doctors returned to Goa; he was
provisionally appointed doctor iii Canoel and later on he was appointed
C.M.O. on the advice of the other two doctors.
j. Judicial: In the absence of a Judge, the Administrator performs
his duties, being a Graduate from the "Faculty of Law" in Lisbon, and
having performed the functions of judge in Goa.
6. Edzication: the Education Officer is a retired inspector from the
Indiaii Union. He directs and supervises the department of education.
7. Post Ofice: the head of this department-Post Naster-is a poli-
ticaI refugee who worked before in the agricilItura1 community and in the
Post Office. His function is to receive the post which cornes from Vapi
and to distribute it among various post offices of Nagar AveIi, to send
money orders, registered letters and telegrams to the Vapi Post Office.
S. Treasury: the present head of this clepartment is a Portuguese
civil servant wl1opreviously worked as collecting officer of the Treasury
and continued to work after the liberation. Later he \vas appointed head
or secretary of the Treasury. His duties are to inspect the accounts and
the carrying out of the budget of al1the departments, and to take note
of al! the material belonging to the state.
9. Public Works (P.W.D.) : Initially it uras the Forest Officcrwho held
this post: ai present this post is heldby the Adviser, but it is the Ad-
ministrator who signs al1the papers.
IO. Excis ethe present head of this dcpartment is a retired inspector
from the Indian Union, in the Akbari section. His functions are to look
after al1matter referring to the disfilling of local liquor; to issue licenseç
10 the taverns; and to i~urnber the trees which are to be used in the
collection of the liquor.
il'ames ofthe E~n$loyees:
I.Lourenco Estevam D'Costa, Agricultural & Veterinary Officer.
2. Rajaram Sinai Blïonsale, Secretary of the Administration.
3, Lovu hant Icarapurkar, Secretaury of the Treasury.
4: Francisco De U. P. Figuieredo, Officer of the Central Administra-
tive Office.
5. Dhansing Gulabsing Thakore, Sub-Inspecter of Education.
6. Guirdhar Laigi, Head Master of Noroli.
7. Ratna Raniam, teacher of Gujerati-Portuguese School and also an
employee of the Municipality.
8. Narhari G. S. Saielkar, Officer iri the Treasury.
9. Augusta Kodrigues, Porter of the Administration.
10. Jose 13. C. Brag~nca, Forest Officer.
II. Jose M. Pereira, Paie1 of -ilandonim.
12. Xantaram Sina Ramani, Patel of Uadra.
13. Sonia Dival, Patel of Randha.
14. Manuel Barbosa, Guard.
15. Ludovice Norunhri, Forest guard.
16. Soma Jania, Guard.
17. Jetia Uival, Guard.
18. Maria Rosaria Cardoso, Nurse at the hospital of Silvassa. 19. Sukar Chibha, Assistant ai the Anibulance of Silvassa.
20. Bikia Dival, Assistant at Ambulance of Naroli. ,
21. Dr. Jose Paulo Gomez, Doctor at Noroli.
22. jinabhai Jaishankar Upadhia, Postman.
23. Vesta Jina, Postman.
24. Shankar Himmatsing, Postman.
25. Cesar de Sa, Technician.
1 (a) Casual Leave:- Al1 Govtt. servants are entitled to 15 days
Casual Leave in a calendar year.
(b) The Keadç of ranches may grant thiç leave on written requests
from those Government servants working under them. Accounts of
leave taken by each Govtt. servant should be maintained. The Heads of
Officesand Administrator may get their leave sanctioned by the Ad\ 'iser.
(c)As a rule C. E. should not be granted for more than 7 days at a
time. C.L. can, however, be prefixed or suffixed to Sundays or holidays.
In exceptional cases, C.L. may be extended to 3 days more.
'.II (a) EaznedLeave :- (Leave with full pay) is admissible as follows :-
(a) Perma~~elzt Govtt. Servants:- One eleventh of the period
'- spent on duty.
(b) Tempy. Govtt.Servamk :- One twenty-second of the period
speiiton duty during the first year of service, and one eleventh of
the period spent on duty after first year of service.
For the purpose of this rule Govtt. servants of the old regimc who
continue to serve under the new administration are permanent Govtt.
Servants.
Earned Leave can be accumulated up to 60 days.
Earned Leave accounts of al1 Govtt. servants will be maintained iri
the Administration Department and al1 applications for earned leave
should be sent to that Brancli for certifying the eligibility of leave. The
Head of theDeptt. should then forward the applications with his remarks
to the Administrator for sanctioning the leave. In case of Heads of
Offices including Uoctors 'and Administrator, the applications should
be submitted to the Adviser for sanction.
Leave on firivute agairs or medical grounds:- (Half Pay Leave) For
every cornpleted year of service a Govtt. servant ii entitled to 20 days
haif pay leave Ivhich can be accumulated up to 3 months.
Half pay leave can be comrnuted to full earned leave on production
of medical certificate to half amount of leave.
Leave without pay to a period not exceeding go days at a time can
be granted to temporary Govtt. servai?ts ~vhoare not entitled to any
other kind of leave at the discretion of the Administrator.
Leave cannot be claimed as a matter of right. The Administrator wiilgrant leave according to the exigencies of service. However, as a matter
ofpolicy, leave will not be refused when it can be granted witliout
inconvetiience beiilg caused.
Application for Advance Leave shall be considered by the Tribunal
consisting of the Adviser, the Administrator and the Head of theOffice.
(Signed) Antonio FURTADO.
Administrstor,
Nagar-Haveli , Silvassa.
APPENDIS XXVllI
ADMINISTRATIO OF DADRA AND NAGAR HAVELISILVASSA
(English translation of the notificntiofiin Gztjarati.)
~OTIFICATION NO. 1 .
Cornplaints have been received from several tenants that they have
been evicted by the landlords from the lands leased to them. It has,
therefore, been found necessary to pay special attention to this. It is a
fact thatthe tenants should have lands to cultivate for their maintenance.
It is a questioof life anddeath for the tenants, to take away lands from
thein. The Administration, therefore promulgates this ordinance that
no Iandlord can take the possession of lands leased to the tenants without
the previous permission of the Administration. In case the landlord
desires to take the possession of the leased land for his persona1 cul-
tivation, he should apply to the Administration accordingly which
(Administration) will decide on merits. Till decision is arrived, no
tenants can be evicted from the leased lands.
(Signed)A. FURTADO.
Administrator,
Silvassa:-11-3-5 j., Nagar-Haveli, Silvassa.
LIBERATE DERRITORY OF NAGAR-HAVELI
(English versionof theNotificutionin Gujarati)
NOTIFICATN IOOK.2
Witli a view to improve the economic and social conditions of tenants,
to ensure the fulland efficient use of land for agriculture, to keep up
good relations between the landlords and tennats and to avoid disputes
between them, it has been decided that the landlords should take only
one fourth of the crop as rent (Crop Share) othecrop grown by him.
If crop share in lump (Khand) is agreed between them, it should not
exceed one fourth of the crop raised.
For brcach of the provisions of this Notification the landlords will,
ifproved, be fined tothe extent ofK. r,ooo/-, (Kupees One Thousand).
(Signedi KAJARAM S. BHONSALE.
For Administrator,
Silvassa,26-12-5j. Nagar-Haveli, Silvassa. No. A. I).M. Si1vassa:- 23-12-55.
The Rule in Portuguese regime about the registration of death was
that it had to be registered in the Patelat with the Doctor's certifasats
to the cause of death. This used to cause great hardshipsto the peopIe
especially in the area where Doctors are not easily made available to
get the certificates. With a view to give relief in this respect iwas
decided to stop the practice of producing Doctor's certificain case of
natural death. In cases of accidental or suspicious death the usual
procedure should be adapted. This facility does not absolve them from
registrationof deaths with the Patels.
Si1vassa:- 23-12-55. (Signed) R. S. BHONSALE.
For the Administrator.
Nagar-Haveli, Silvassa.
LIELRATET UERKITOK OYF NAGAR-HAVELI
(English versionof theNotificatiolzitzGztjarati)
With a view to givereliefand facility to the poor Adivasi peopland
Harijans of this area, it is ordered that these people are exernpted frorn
affixing starnp duty of annas twelve on the applications addressed to
the Administrator. Such people can apply without affixing stamps or
can apply orally.
The following castesare treated as Adivasi.
Ehil, Chodhra, Dhanka, Dhodia, Dubla, Garnit, Kathodi, Kokna,
VarIi, Nayka, Chamar, Dhed, Khalpa & Bhangi.
(Signéd) Antonio FURTADO.
Administrator,
Silvassa,26-12-55. Nagar-Haveli, Silvassa.
LIBERATE DERRITORY OF NAGAR-HAVELI
(English versionof .r\rotifican Gujarati)
Labour ratesfor grasscutting
It has cornto the notice of the Administration that the rates of wages
for Agricultural and Non-Agricultural works are paid. without due
consideration, which are found less in cornparison with the rates
prevailing inthe neighbouring area. For this reason, labourers go out of
this area for work in the neighbouring territory.
With a view to improve thiç, it is hereby ordered thata maleworker
shall be paid at a rate oRe. 11- (rupee one), per day and a femalat arate of fourteen annas per day and children between ages of ten and
fourteen at the rate of ten annas per day for the work of cutting grass.
These are for the work of eight fiours per day.
If any person is found paying less than the rate fixed, he shall be
liable to pay, if proved, due compensation and also he shall have to pay
loss sustained by the Iabourer.
(Signed) RAJARAM S. BHONSALE.
For Administrator.
Nagar-Haveli , Silvassa,
Silvassa, 26-12-1955.
LIBERATE DERRITORY OF NXGAR-HAVELI
(English versionof theNotificationinGztjar~ti)
Under NotificationNo. I, of11-3-5 i5 ,as been ordered thatno tenant
can be evicted by the landlord from the land leased to fiim without the
permission of the Administration. To have poçsession of the leased land
he shall have to apply to the Administration.
In spite of this notification being in force, if any landlord taken poçses-
sion of the leased land frorn the tenant without the permission of the
Administration, he shall be liable, if proved, to a fine to the extent of
Rs. r,ooo/-, (Kupees One Thousand).
2. If the landlord wants the possession of the leased land for personai
cultivation, he can apply on the following grounds.
(u) The tenant lzas failed to pay in any year within fifteen days of
the last instalment of the land revenue, the rent of such land for that
period, or
(6) Has done any act which is destructive or permanently injurious
to the land.
(c) Has sub-divided the land, or
(dl Has sub-l& the land or faiIrd to criltivate it properly or
(e) Has used such land for other than the agriculture.Provided
that'the tenancy of any land held by a tenant who is minor or is subject
to a physical or mental disability shaLlnot be liable to be terminated
under the said subsection only on the grounds that such land has been
sub-let on behalf of the said tenant.
But in case of section2 (a),if the tenant agrees to yay the rent within
15 days and pays it, the tenancy shall not be terminated.
If, on account of the fault of the Iandlord or tenant, the land is kept
fallow for two consecutive years, such land wilI be taken under the
management of the Administration.
(~iped) Antonio FURTADO.
Administrator,
Nagar-Haveli, Silvassa.
Silvassa, 26-12-55. (English versionof the NotificationinGttjarati)
It has come to the knowledge of the Administration that some
quacks practising witch-craft mislead the iliiterate Adivassi people by
administering unknown herbal medicines and practise jugglery, which
has resulted in unusual incidents, in several cases. Such quacks insist
illiterate Adivassipeople to take advantage of their witch-craft and herbal
medicines, instead of taking regular medicines. On account of such
undesirable propaganda thes Adivassi peopIe do not make use of medici-
nes and cases prove fatal.
All practitioners in witch-craft are hereby warned that they should
also give advice to take medicines from dispensary over and above their
external treatment. If any quack is found disobeying this order by
giving harmful herbal medicine, he shall be liable to a fine to the extent
of Ks. 1001-, (Rupees one Hundred).
(Signed)Dr. A. FURTADO.
Administrator,
Silvassa, 1-5-1956. Nagar-Haveli, Silvassa.
I.With immediate effect the Export of al1 food-grains to any place
outside Nagar-Haveli is forbidden. His is a temporary measure and is
being taken to prevent a shortage of foodgrains occuring, according to
the law in force.
z.Al1land holders andgrain merchants will notify their stock holding
within 7 days of publication of this notice; the information should be
sent to the Administration with a copy to the local patelad. A register
will be maintained showing the day to day holdings, sales and receipts.
3. Alllandholders, whohad executed an agreement with theAdministra-
tion in Decernber, r956, for the supply of III gradepaddy, are requested
to complete this transaction by 15th October, 1957. Those landholders
who had oniy handed in part of the agreed stock should bring in the
balance of the quota now. ,
4. In order to build up a stock, the patelads have been authorised by
the administration to buy paddy from those tiilers willing ta sel1 at
Rupee one per tokri.
5.When the grain position in Nagar-Haveli improves and when
adequate stock is built up, the Administration will review the position
regarding reopening Export.
6. The cooperation of al1 specialiy the landholders and merchsnts is
sought in order to facilitate the collection of the above mentioned data
and rice stock.
The Administrator,
(Signed) A. FURTADO.
Silvassa, 24-9-19j7. .-ISNEXEÇ TO REJOIXDER (F NO, 117) . 565
Naraiii G. Chowbal Mohanlal J. Pathak
Vanmalidas Ghelabhai Ramsing M. Parmar
Gregorio Coutinho Claudio Nunes
Nadhu Dhavalia Surajben T. Patel
Bhoelia Lackma Dhodia Gopgi Dcuji Pardhi
Kamji Shravan Choudri
Suleman M. Pradha~i
Vithalbhai K. Panchal Kakad Jivan Kharpadia
Deuji Pnagia Gorat Manji Dhakal Jutia
-4racksa Kavasji GuIabsingh C. Parmar
Abheising P. Parmar Mangal K halap Margue
Bhaii Abaji Vaid Chitusing Jeising Chouhan
Umedsing Mohansingh Parmar Sheckmahamad Dinmahamad
Dhavdu Laxman Icalu Bhichu Thorat
Dharma Nania Mahalakari Kakadia Deuji Tokaria
Amrut la1 Lallubhai Pat el Dabia Soma Gavit
Dhhiabhai Goanbhai Jayantbhai N. Dessai
12atanchand 9. Shah Dharma Kursan Kharpadia
Dhanji Dharma Bhurkuci Father Rocque Feriiandes.
APPENDIX XXX
Village Panchayat NotificationNo. 7
I. WitIia view to fostering the growth of'village panchayats and of
increasing their utility in further development of local administratioin
Rural Area and in the Administration of Civil and Criminal Justice, it
is expedient to establish them in the Liberated Arca.
2. In order to achieve this object, this Administrationhas decided to
establish group village panchayats as shown below.
I.Silvassa 6. Mandoni
2.Naroli 7. Amboli
3. Dadra 8. Dudhani
4. Dapara 9. Randha
5. Khanvel 10. Kilavni
The major population of this territory being illiterate Adivasis are t?ot
accustomed to the election procedure nor conversant with the working
of the panchayats, they cannot be expected to elect proper person of
their own to run the Panchayat and to carefully look after their inter-
ests. The Administration therefore considers that it would hc advisable,
as a preliminary measure, to establish panchayats by nomination of fit
persons instead of holding elections. It is therefore ordered that the
group panchayats should be established by nomination instead of hold-
ing electionsso that such nominated members can protect the interests
of that area. The period of such panchayat will be for one year from Its
establishment. Thereafter if necessity arises, rnembers will be elected. 3. The working of these panchayats \vil1 be generalIy according to the
principles of the Panchayats RuIes and Regulations of the neighbouring
territory.
4. The Group Panchayats \vil1be as per Appendix 'A'attached here-
with.
Funds Of The Panchayats
5.There shall be in each village Panchayat a fund, which shall be
called the village fund.
The following shall form part of, or be paid into, the village fund,
namely :-
(a) The arnount which may be allotted to the village panchayat fund
by the Administratioii.
(b) The proceeds of any tax or fee imposed.
(cj The incorne or proceeds of any property vesting in the Panchayat
(dj Any other source of revenue allotted by the Administration.
AdministrativePoweïs And Duties
6. It shall be the duty of the Panchayat, so far as the vilIage funds at
its disposa1 will allow subject to the general control of the Administra-
tion, to make reasonable provision with the village in regard to the
following matters.
I. Supply of water for domestic use.
2. The cleaning of the public roads, streets and wells.
3. The construction, maintenance and repair of public roads,
drains, bunds and bridges.
4. Preservation and improvement of the public health.
5. Lighting of the village.
6. Control of fairs and bazars.
7. Provision of maintenance and regulation of burning and
burial grounds.
8. Relief of the destitute and the sick.
9. Improvement of the cattle and their breeding.
IO. Promotion, improvement and encouragement of cottage in-
dustries.
II. Assistance to the residents when any natural calamity occurs.
12. Disposal of unclaimed corpses and carcasses and unclaimed
cattle.
rj. Any other duties that rnay be entrusted by the Administra-
tion like supervision of schools etc.,
7. It is within the power a panchayat to levy anyof thefollowing
taxes or fees, at such rate and in such manner as may be prescribed
by the Administration.
I. Pilgrim Tax, a. Tax on Fairs, Festivals & entertainments,
3. Tax on marriage, adoption and feasts, 4. Tax on shops and
hotels, 5. Fee on markets and weekly bazars.
S. Any mernber of a panchayat who, during his term of officeis absent
without leave of the Panchayat for four consecutive months from the
meeting shall cease to be mernber and his office shall be vacant.
g. As far as possible the Panchayats would be self-supporting. IO. -4s the Panchayats being in preliminary stages of functioning it
has been decided not to invest the Panchayat memberç with civil or
criminal powers except the Varishta Panchayat.
II. The Administration has also formed Varishta Panchayat which
would be the representative body consisting of 30 members elected by
the Panchayats according to their size and importance. The Varishta
Panchayat would serve as an Advisory body and would discuss and
decide important matters of policy.
12. The Varishta Panchayat is also empowered to conduct and decide
suits.
(1) For money due on contract, not affecting any interests in
immoveable property,
(2) For the recovery of moveable property or for the value of
such property,
(3) For compensation for wrongfully taking and injuring move-
able property :
Wherc the arnount or value of the claim does not exceed twenty-
five Ru~ees.
It can also conduct and decide minor criminal cases like assault,
abuse, nuisance etc.,
(Signed) (A. FURTADO).
Silvasça, Administrator,
23-2-56. Nagar-Haveli, Silv~vassa.
S. Xame of Group
No. Panchayat Area Comprising The Panchayat
1. Silvassa 1. Silvassa, 2. Anli, 3. Rakholi, 4. Masat,
5. Kundacha, 6. Karad, 7. Atbola, 8. Samar-
vani, g. Saili,IO. Vagchhipa.
Naroli I. Naroli, 2.Kharadpada, 3.Luhari, 4.Athal,
5. Kanadi, 6. Dapsa.
Dapada I. Dapada, 2.Surangi, 3. Vasona, 4. Chinch-
pada, 5. Chikhali, 6. Apti, 7. Pati.
Dadra I, Dadra, z. Tighara, 3. Demani.
Kha~ivel r. Khanvel, 2. Chouda, 3. Khuntli, 4. Selti,
5. Umarvarni, 6. Goratpada, 7. Rudana,
8. Talavli.
Mandoni I. Mandoni, z. Sindoni, 3. Vansda, 4.Kherpa,
5. Berpa, 6. Besdha, 7. Chinsdha.
Amboli I. Arnboli, z. Khadoli, 3. Tinoda, 4. Brinda-
ban, 5. Velugaum, 6. Karajgam, 7. DolaTa,
8. Parjai, g. Kherdi, IO.Kalu.
Dudhani I. Dudhani, z. Karchond, 3.Ghodbari, 4. Bil-
dari, 5. Gunsa, 6. Kauncha, 7. Jamalpada,
8. Ambabari, g. Mendhu, IO. Vaghchauda,
Ir. Kothar, 12. Khararbari.
Mota Randha I. Mota Randha, 2. Nana Randha, 3. Morkhol,
4. Bonta.
Kilavni I. Kitavni, 2. Ghalonda, 3. Silli4. Umarkoi,
5. Falandi. APIJENDI X XXI
LIBERXTED AREAS OF DADRA ASD NAGAR-HAVELI
REPORT OF PAKCHAYAT
itfeani~zO/Panchayat
In 1832, Sir Charles Netcalf described the Village Panchayats ofoiir
country in the report of the Select Committee of the British Parliament
as under :-
"Village Panchayats are small republicç. They are self-sufficient in
respect ofal1articles required for theni and they are mostly indcpendent
fromoutside controls".Whereelseothcr things could not exist, Panchayats
appear to be in existence. Many dynasties have been established, ruled
and were overthrown. The country passed through many revolutions.
Hindus, Patlians, Mogals, Maharatas and Sikhs al1have ruled India and
the British also came and went but the village panchayats have remained
unchanged. But due to passage of time, the drum of destruction of this
institutionstarted with the establishment of the Britisli Rule. In the
beginning of the British Rule, the erstwhile Gover~imcnt highly praised
this institution hecause it was necessary at that time and so accepted its
importance but as soon as their purpose was served they destroyed the
panchayats. After achieving Independence village panchayats were
revived. Village panchayat is a means of infusing new spirit in the village
life by intelligent social workers.
Just as the Collectors constitute Paiichayats by either nominationor
holding election of memhers of Panchayats in Rharat; similarly village
Panchayats for the Liberated Territories of Dadra & Nagar-Haveli u7ere
formed by the Administration on the 25th November, 1954 and members
for the same were also chosen by the Admiriistration.
Al1 the nominated members of the newly established Panchayat
attended the meeting held on 25th November, 1954, expressing their
joy and giving compliments for achievement of the cherished desire in
obtaining Independence and passed the following Resolution in the
same meeting. (Resolution No. 21dtd. 5-11-1954.)
<'This Panchayat declares on solemn oath to remain loyal to the riew
Administration in place of the Portuguese Regime and lend its full
support. Independence is a basic gift to mankind as hiimanity is and
so the Panchayat requests members and other public servants to be
loyal to the new Administration and discharge their functions with
Zeal."
When the above resolution was yassed in the Panchayat lileeting, .
Doctor Furtado was present in the meeting and he agreed with it; and
thereafter he dcmanded by the 29th November, 1954 loyalty from the
servants of the Administration by a written "Avizo" (Declaration or
1-oyalty Bonds), as per resolution of the Panchayat.
A third meeting of the said Panchayat was held on 8-I-~gjg and a
Nayaya Panchayat of 5 mernbers was elected according to section of
Chapter VI of the Villagc Panchayat -4ct. ThereafterIOO cases were
received either from the Court or from the Administration direct till
date; 59 cases have been disposed off and41 are still pendinand under
consideration. In this respect it is important to note that not a single person out of
thesc jg cases disposed off, has gone in for an appeal so far.
In the rcsolutionNo. 5of 7-6-1955,it was decided by the Panchayat of
this arca to hold monthiy meetings. On 1st of July 1953 t was decidcd
to lcvy fees on suits or complaints received. On I-8-1gj5, a Committee
of 3 rnembers was fornied for the Schools of the Liberated Territories
of Dadra & Nagar-Haveli as per Panchayat Kules.
In the meeting of the Tax Committee elected by the said Panchayat,
held on 5-12-1955 it was resolved that the export tax fixcd by the Nunici-
pality skould be rcduced by 50% and the Cornmittee elected by the
Panchayat for considering the question of trees made suggestions
rcgarding value of trees etc., in the same meeting. In respect of the Tax,
the Panchayats had unanimously requcsted to put the heIow-mentioncd
resolution into force and the Municipality carried out the suggestion of
the Panchayat.
Thereafter it was noted in the meeting of the Panchayat held on
25-1-1955 that the Unigo Goa Nacional (i.e. Rashtra Sangh), of Goa had
delivered one petition signed by 31,400 persons to the Governor General
of Portuguese Tndia. In that they expressed their desire to remain loyal
to Portugal and appealcd to thc Portuguese Govtt. to rcconquer the
territory of Dadra & Nagar-Haveli; but the Editor of a Catholic Daily
newspaper of Margaon had liuhlished that force was used on Goans for
signing the protest paper against Bharat and bonds werc taken for
remaining loyal to Yortugucsc Govtt. In fact, signatures of students,
Government and hIuniciya1 servantsand memhers of the UniCioNacional
were takcn. But whcn thc time for liberation of the people is ayyroaching
near, it is to be seen whether one could helieve that the people
themselves and others would demand for fettering thcm in the
shackles of slavery? Never so; but presurning the fact is truc, it is im-
portant to note that only 31,400 persons signed the lietition out of the
population of five lacs or more. After considering this, it onIy rernains
to be considcred whether the people who are fettered and depressed can
have the right to interfere in the unity of the Administration of the
Liberated Tcrritories of Dadra & Nagar-Haveli? It cannot be so; because
according to the Charter of the U.N. al1pcrsons should have the human
rights bestowed upon by the Almighty and accordingly the subjects of
the dominions mainly, when tliey are fit enoiigh are allowed to shape
their destinies and thosc of their lands just like independent nations.
-4t the time when the opposition party of autocratic regime of Portugal
recommends to that Government to negotiate peacefully with the
Government of the Indian Dominion with a view to safeguard the right
of Independence of Portuguese Indian subjects, at that very time the
Panchayat expressed its resentment at the Ungo National forits attitude
of hatred for keeping the Goan People in bondage.
In the meeting mentioned above the Panchayat decided to finone
fourth and one sixth crop sharc to be given by tenants to landlor. and
managed for cxemytion from payment of cost for making entries of
births, deaths and marriages for which the Adivasis had to pay during
Portuguese regime.
In the meeting of Alarch,Igj5 the Panchayat negotiated successfully
the free import of al1essential cornmodities from Bharat which were not
allowed before. Gur which was totally banned was also allowed to be
imported in Nagar-Haveli.87c AXSEXES TO KEJOIXIIER (F KO. 117)
In thc Panchayat meeting of June, 19j5 it wished al1 success to the
non-violent struggle after sympathetically watching the Goa Liberation
Movement carried on by satyagrahies. It also decided unanimously to
establish Congresç for the Liberated Territories of Dadra & Nagar-
Haveli. Accordingly the Congress was established on 18th of June which
marked the beginning of the Goa Liberation Movement ; and in the same
meeting it {vasdecided that no work should be extracted from labourers
and tillers without paying them reasonable return or wages.
The meeting of July, Igjj introduced the Home Guard System to
avert the fear of thefts and scuffle and if required it was decided to give
katcha arms licence. Accordingly some Adivasis have already received
licences.In the same meeting arrangement was made to give seed and
khavti to poor khatedars and tenants.
In malki reverted lands, Govtt. leases the same for a period of one
year or three years.Under Portiiguese law if any one applied for getting
back the maIki of that land, it was given by auction of the assessment of
the land and it was given to aperson who offered the highest bid in the
sale which was treated as annual assessment. In its meeting of Ailgust
1955 ,he Panchayat set aside this procedure. Instead, it waç decided to
register al1 entriesofthe rights of lands such as mutuation of lands,
hireships etc., in the mutation Register after recording the statements
of the parties concerned in the Administration Office and if they were
not disputed. If a person who receiveç a summons from the Nayaya
Panchayat does not remain present, he is given one more chance if he
is an ildivasi. In case of perçons other than Adivasis, it was dec~ded to
give a written warning in the summons that, if they did not appear,
suits would be decided ex-parte and they would be bound to accept the
decision.
The dictatorial administration of Salazar has published one adminis-
tration law for the Indian Empire; in the first article of which it has been
stated that:-
"As the Indian Empire has been merged with the Political Unit of
Portuguese people, the territories of Anjedive Isles on the Nalabar
Coast, Goa, St. George and Morsegoç, the territories of Daman including
Dadra & Nagar-Haveli situated on the coast of Cambay Bay arc included
therein etc., etc."
The said article lays great stress on the belief that Dadra & Nagar-
Haveli areas have not been liberated from the yoke of the overseasregime.
But Dadra & Nagar-Haveli haç been liberated by thc people from the
Portuguese regime which can be considered liberated from point of
geography and even from point of the life of the people of that area. SO
in its mecting of September, 1955 the Panchayat in repugnance to the
above article declared that this territory holds a strong desire to merge
with the sovereign state of Bharat. The Panchayatsent one coyy of this
resolution to the President of Cabinet Alinistry of Lisbon, one copy to
the Governor-General of Goa and one copy each to the Bombay Govern-
ment and Central Government. During this time, the period of levy of
Industrial Tax in Nagar-Haveli was expiring in September which was
cxtended till October at the request of the Adivasis.
111November, 1955 the Panchayat fixed the wages of labourers in
Kagar-Haveli according to which the male labourer was to be given
Re. 11 and the female Annas 14/- per day and in 1957-jS as the wages
in the adjoining territories of Nagar-Haveli wcre increased the Panchayat ANNEXES TO REJOINDER (F NO. 117) 87I
taking note of the fact fixed the wages at Rs.1-4- & Re. 11 and noti-
fied the rates to the patelads for putting themin force. It was decided
that the rent which should be received by the landlord and paid by the
tenant should be fixed at & share instead of one fourth and one-sixth
crop share of rent.
In the meeting of December, 1955, the people of Nagar-Haveli were
permitted to export 70% of new paddy and the whoIe stock of old paddy
and nagli and after one month they were given permission to export
further 5% of new paddy.
In hlarch, 1956 IO Group Panchayats were established by the Ad-
ministration in IO Patelads of Nagar-Haveli in which the names of
members were proposed by the Patels and the local people jointly. After
selecting the members and sarpanches of Group Panchayats, Varishta
Panchayats was established in April,1956 in the Place of the old Panchas
for the whole of Nagar-Haveli.
In May, 1956, the Varishta Panchayat gave its rissent unanirnously
to the Excise Laws after studying the same for one month and by making
necessary omissions and additions therein.
In August, 1gj6, it was decided that the village which does best safai
work should be given aprize and a resolution was passed requesting the
Administration to appoint trained teachers in Dadra, Naroli and Silvassa
Schools.
In October, 1956 a question arose whether the labourers of Nagar-
Haveli should be allowed to go out of Nagar-Haveli for grass cutting.
After considering the question it was decided that the labourers might
be allowed to go out othenvise hindering them would mean restrictions
upon their individual libertyBesides the labourers who get wages from
outside can purcliase clothes, grains and other primary essential commo-
ditier. The merchants of Nagar-Haveli were buying foodgrains from the
Adivasis in the weekly bazars at arbitrary prices i.e. at cheap rates; so
the Panchayat established 'a"Price Control Committee" in which 6
mernbers were appointed after election and the prices communicated to
allPatelads, Secretary of Group Panchayats and the Police Department
and sothe purchases and sales were done in the markets as per prices
fixed by the Committee.
In the meeting of November, 1956 it was unai~imously decided that
the monthly meeting of the Varishta Panchayat is held, any person of
the Liberated Territory may be allowed to sit in the meeting, so that he
can have an idea of the working of the Panchayat. However a non-
member who cornes to the meeting cannot put any proposais; if he
wants to do so he should send it in writing eight days before the daof
the meeting to the Sarpanch of the Panchayat who will put it before the
meeting. A non-member cannot ask questions when the business of the
meeting is going on.
As for the rights of the Panchayat some questions were put to the
Administrator by the Sarpanch and members to which he replied as
under in the meeting held on 8th August, 195,:-
"To appreciate the footing of the Panchayat,it is necessary to see the
circumstances of this area before and after Liberation.
In Goa the "Uniao Nacional" (Political Organisation of the State),
elects members of the Legislative Council without any opposition
therein; so the elected members represent the voice of their Government.
The members of the Varishta Panchayat in this area are perçonsselected by the members of the Group Panchayat and they are in-
dependent and give their free opinion. This right of free opinion has
never been obstructed. The position of the members of the Legislative
Council in Goa is of 'subordination' and without any value for though
they are doctors, la~vyers,priests, High Court judges etc., their opinions
are onIy consultative as their resolutions are dependent on the approval
of the Governor and the Colonial Minister."
In the same way the Administrator was put a question about the
voting in Nagar-Haveli. In reply to that he said, "in Nagar-Haveli, the
voting is advisable as it is; the Administration appreciatethe resolutions
passed and accepts them in the interest of the general public. As for
some other questions asked he said he would reyly them after referring
some important Acts. Regarding the representation of the Panchayat,
he also said that 95% of the population of this area consists of Adivasis
and for that reason we havestill to wait for developrnent of the education
in order to have free election in proportion to the representation of the
population etc."
The Panchayat had formed 3 Coinmittee consisting of Shri Khalap,
Education Officer, Shri Chaubal, Sarpanch and Shri Umedsingh Parmar,
Sarpanch of the Group Pancliayats regarding trained teachers and
opening of an Ashram School. The Cornmittee had submitted its report
to the Administration. Thereafter nide publicity was given in news-
pnpers twice inviting applications from trained teachers. Applications
were received frorn a few candidates, and the still few \vho appeared for
an interview were not found fit. As for the Ashram School, the estimate
for building and utensils cornes to Rs. g,yoo/o. The construction of
foundation would approxirnately cost about Ks. 6,ooo/0; so it was
decided to take up this matter on hand at the appropriate timc.
25th November is the day of the establishment of the Panchayat and
on 25-11-57 it had entered the 4th year; so the Sarpnnch offered congra-
tulations to the people of Dadra 82Nagar-Haveli and 3 Resolutions
were passed in that meeting.
"(1) This day i.e.25th November, 1957 is:Lgloriousdny for Dadra &
Nagar-Haveli, liberated from colonial domination; it marks the esta-
blishment of a new democratic administration with the institution of
the Panchayat ; nevertheless itis a day of mourning for Goa which must
endure the tyranny of the foreign oppressor and glorify the pirate Afonso
da .klbuquerque.
"(2) The Panchayat avails of this opportunity to express its üpprecia-
tion of the Hritish Labour Party, who contrary to the Conservative
Party in power, has denounced the nnti-democratic and terroristic
regime of the Portuguese Dictatorship and in particillar of thc Yresident
of The Goa League, BZr. Wedgwood Benn who I-ias courageously
referred in London to the cause of Goan Liberation.
"(3) Regarding the case at the Hague Court, the Vririshta. Panchayat
expresses its firm decision not to recognise any decision that might
object to or agree against the re-conquered Liberation of the people of
Xagar-Waveli and Dadra. And though it might recognise the competence
of the Hague Court to deal with International Trcaties and Contracts, no
treaty or contract can be considered, ifthe circumstances which came to
rnodify it in such a manner as to alIow no conditions for its existence.
Further, itis a matter of political question sincc a foreign politicalregime ceased to exist as a result, just as, in a similar manner by a
popular revolt the rule of theS anish kings ended in Portugal.
In the meeting held on 28th f~arch. 1958 the Panchayat unanimously
elected new members of the MunicipaIity in place of the old ones. In
that meeting, itwas alsodecided tht if there was no quomrn, the meet-
ing should be postponed for 30 minutes and thereafter the working of
the meeting should be commenced as that of the adjourned session on
that day irrespective of quorum. This was done with a view that the
labours of the members corning fromdistant villages may not be wasted
and the Panchayat work may not be delayed.
In June, 195s the Panchayat appointed a Committee of 7 members
to study the non-agricultural aspectof rnalki land trees and the Commit-
tee submitted its report in August, 1958 after lengthy discussion and
obtaining clarifications on different aspects. The Panchayat enacted a
law in such a way as not to inconvenience the landlord from point of
view of Govtt. and the people.
In June, 1958 a Committee consisting of 6 members was formed to
çonsider the question of tax on date trees. The excise law was first
passed in May, 1958 and thereafter the Committee of 6 members made
additions and modifications in 1958 and the Panchayat approved them.
In the same meeting the Panchayat requested the Administration for
supplying with food the -4divasi members who came from distant
places and could not go back home on the same day and necessary
arrangements were made.
The Panchayat received informa.tion that the cloth merchants were
charging higher prices for cloth sold to the Adivasis in some of the
weekly bazars of Nagar-Hnveli; the Panchayat made inquiry into the
matter and learnt that the Adivasis were greatly deceived. So Shri V.G.
Bhavsar one of the members of the Varishta Panchayat and Sarpanch
of Silvassa Group Panchayat drew a loan of Rs. 3,oooIo from the Ad-
mivistration and purchased ready-made clothes which were sold through
the Patelads at cost price with the result that the traders reduced their
prices and the cloth was sold in the markets at reasonablc price. In this
way the Panchayat sold clothes valued at Rs. 2,53810 to Adivasis and
there isstill a balance stock of clothes worth Ks46210 for sale which is
kept in the Panchayat Office, Silvsssa.
IIIJune, 1455 the Panchayat made a suggestion that a Congess
should be established for the Liberated Territoriesof Dadra and Nagar-
Haveli and accordingly a Congress was established on 18th June, rggj
and its name was kept as, "Gangatana Samiti" and Shri Lallubhai
Vajubhai Patel was eiected asits Chairman,
In the meeting of jth September, 19j8 the Panchayat formed a
Committee for suggesting changes in the Cattle Potind Act, after studying
the laws prevailing in the adjoining areas. The Committee is at present
studyirig the laws and will submit its report by the end of October which
will be put up for discussion in the meeting of the Panchayat to be held
on Wednesday the 5th November, 1958. After making necessary changes
in the Act, the Panchayat expects that the amended Act, will be brought
into operation from January, 1959.
Besides this, in the same meeting the Panchayat unanirnously passed
the following resolution:
"With regard to the cornplaint lodged in the Hague Court by the
Portuguese asking for the right of passage to Dridra and Nagar-Havelithrough Bharat Territory, the Government of India has to give a written
reply on 25th of this month (Le. September) ; the Government of India is
free to answer as it chooses but so far as the Varishta Panchayat of
Nagsr-Haveli isconcerned, it unanimously passes the following resolution
in to-day's meeting.
"The people of Nagar-Haveli resolve that they will never recognize
the Portuguese authority as they have once become free from
their clutches.
This meeting earnestly requests the Government of India that,
as geographically, ethnicaliy and culturally Nagar-Haveli is a part
and pzrcelof Bharat, the Government ofIndia should take immediate
steps to merge the Liberated Territorieç in Bharaf.
This meeting requests the Sarpanch to send a copy of this reso-
lution to the Prime-Minister of Government ofIndia, Shri Jawaharlal
Nehru.".
Accordingly, it has been sent to him on the 11th September 1958, and a
copy thereof has also been sent by the Sarpanch to Shri Yesh~vantrao
Chavan, the Chief Minister of Bombay State, for information.
Silvassa, The Sar Panch
j. II. 58. Varishta Panchayat,
(Signed) 3. G. CHOUBAL.
The Panchayat was established on 2jth Nov. 1954 at Silvassa in
wvliich2j members were chosen by the Administration, amongst the
various classes and communities of Dadha and hiagar Waveli.
1. 25-II-54:-Oatli of Loyalty towards the Administration was
taken.
Resolution No. I. 8-1-55:-Nyay Panchayat was established.
2. Resolution No. 5. 22-1-55:-Ttie landlords paying assessment up
to Rs. r5o/ should take 114 the of the crops and those paying assess-
ment above Rs. 1501- should take 116 th of the crops from their
tenants.
3. Resolution No. 6. 22-I-55:-The Adivasis may be exempted from
payment of fees for the registration of Birth, Death and Marriages.
4. Resolution No. 3. 8-3-55:-Restrictions imposed on the import
of Gu1 and other essential articles into Nagar Haveli area for which
permission was necessary, may be removed.
5. Resolution No. 4. 7-6-55:-'rhe committee of the Congress of
the people was established and Shri Lallubhai Vajubhai Patel was
elected as its Chairman.
6. Resolution No. 7. 7-6-55:-No labour should be exacted from
the labourers on tenants without payment of proper wages. ANNEXES TO REJOIXIIEK (F NO. 117) 875
7. liesolution No. j. 1-7-5Ç:-To meet the dangers of petty thefts
and quarrels in the villages, the Village Rakshak Da1 (Home Guards)
should be appointed and if need bc, ternporary en licenses should
be granted.
S. Resolution No. 9. x-7-55:-The arrangement should be made to.
give Seeds and Khavti to poor agriculturists and tenants.
g. liesolution No. 6. 1-8-55:-The procedure of putting the Iand
on auction when applied for on "Aforements" should be abandoned
and the "Aforaments" may be given on the payment of the original.
assessment.
10. Resolution No. z. I-8-55:-The acquisition of rights in connection.
with sale of land, inheritance, long lease etc. may be registered in the
Registration after recording the statements of the parties concerned
in undisputed cases.
II. Resolution No. 3. I-8-55:-The school cornmittee consisting of
Shri hl.N. Mobile, Shri U. RI. Parrnar and Sh'riC. R. Shah was appointed
for visiting the çchools.
12. Resolution No. j. I-S-~~:-AS regards the service of first sum-
mons from the Nyaya Panchayat, if thc witness rernains absent, in
case of Adivasi, one more opportunity should be given, whereas in
case of others writteii instruction in the secoiid summons may be given
to the effect that if he does not attend the Court, a decision will be
given in his absence wfiich will be binding on hirn.
13. Resolution No. I. I-g-jg:-The Dictator Dr. Salazarhas published
one Royal Ordinance that the Portugal's possessions in India including
Dadra and Nagar Haveli are the parts oi Portugal's territorieç. The
Panchayat strongly protests against this declaration and expresses its.
desire to merge with Bharat territory. Copies of the above resolution
were sent to the President of Lisbon Ministry, Governor General of
Goa, and also to Bombay Govtt. and Central Government at Delhi-
14. Resolution No. I. r-10-55:-The time limit for the payrnent of
the Industrial Tax which is fixed at the end of September 1955 rnay
be extended to the end of October 1955.
15. Resolution No. 4.2-11-5j:-Wage~ of labour were fixed as under
for Male 1-0-0 per day
,,female 0-14-0 ,, ,,
(This was revised to Rs. 1-4-0 and Rs. 1-0-0 respectively on 5-IO-j7.)
16. Resolution. 5-12-j5:-The proposais for payment of fees for .
cutting of certain kinds of trees were received under h:o. rIa of 30-9-55
from the forest Deptt. and they were considered by the Panchayat
and resolved fees as under:
Sag tree (Teak) 1-8-0 per tree.
Tanas 1-0-0 ., ,,
Sisam 1-0-0 ,, ,,
Sadade 1-0-0 ,, ,,
Offshoots of Sadada Free
Blahura 1-0-0 ,, ,,
As regards, Mango, Amli and Alahuratrees, they should be allowed
to cut only if they are unfruitful or obstructive to agriculture. The
land owners of Nagar Haveli should be allowed, free of charges, thecutting of their trees for the purpose of house building, repairs, sheds,
depot or compounds. But none should be allowed to sell or otlierwise
dispose of it.
Applications for cutting oftrees may be exempted from the payrnent
of stamp duty.
It was resolved to reduce the Municipal export taxes by 50//,
17. Resolution No. I.5-3-56:-The draft of the Evacuee I'roperty
Act presented by the Administration was approved with the following
two modifications.
I. The pcrson who remaineci in Daman at the time of liberation
and who had given authority to a person inNagar Haveli for the
management of his property, may be a1lowed to manage it and
the manager should keep accounts for the property aiid show the
Evacuee or the Administration when demanded.
2, The heirs of the Evacuee who are managing the land as heir
or by a power of Attorney may be allowed to do so to the extcnt
of power mentioned.
The manager of the Evaciiee property may be asked to make
a declarntion to the Administration for safeguarding the intercst
of the Evacuee.
The draft of the Excise Act was approved.
18. Resolution No. 3. 5-3-56:-Decision was taken to establish IO
Group Panchayats.
rg. Varishta Panchayat was established by the Administration on
19-4-56.
20. 24-8-56:-Prize rnay be given to the village cvhich lias donc
the best Safai work.
Zr. 24-8-56:-Trained teachers rnay be appointed in the Primary
Schools of Silvassa, Dadra, and Naroli.
22. Resolution No. I. 5-IO-56:-Approval for export of labourers to
the adjoining territory was given on the grounds that they get addi-
tional incorne for the purcliase of clothcs and other essential articles
of consumption.
23. Resolution No. 2. 5-10-j6:-The price committee of j members
was appointed to fix the price of food-grains every week for the guidance
of ildivasi people who sell their grains in the weekly bazars. The
prices fixed by ttie committee may be made known to al1people tlirough
the Patel-Talathi.
24. Resolution No. I. 5-II-56:-A person other than the members
of the Panchayat was allowed to attend the Panchayat meeting but
he canriot put aily proposa1 if he desires to Say any thirig, he shoulcl
forward his say to the Sarpanch S days in advance.
2j. Ij-8-57:-A committee consisting of the Education Officer, Shri
N. G. Choubal and Sliri U. RI. Parmar was appointed for the purpose
of making arrangement for the trained teachers and ttie Ashram School.
'ille committee should submit rcport to the Administration.
26. Resolution No. I. 27-9-5j:-A committee consisting of tlie
Agriculture Officer, Sliri Jayant Desai, Shri Gulabsinh C. Yarmar,
Shri Madhubhai Dhavalia Adivassi and Shri Mangalbhai Khalap Marge (Harijan) was appointed for the consideration of ~uies of leasing lands
drafted by the Administration.
27. 5-10-57:-Report of the sub-committee appointed as per reso-
lution of 27-9-57 was approved.
28. 25-11-57:-The resolution of the Panchayat on the third Anni-
versary of its formation (Copy attached)*. The other activities of the
Panchayat.
29, (1)With a view that the Adivasi people may not be cheated in
respect of purchases of clothes, one of the Panchayat members Shree
V. G. Bhavsar having taken loan of Rs. 3ooo/- from the Administration
purchased clothes and sold through the Patel-Talathis at cost price,
(The Ioan to the extent of Rs. 23171- has been repaid.Clothes of
value of Rs. 6831- is. still in stock.)
*COPY OF A RESOLUTION ADOPTED BY THE PANCHAYAT ON THE
THIRD ANNIVERSARY OF ITS FORMATION
I) This date is a glorious one for Dadra and Nagar Haveli Liberated
from Colonial domination, because it marks the establishment of a
new democratic administration with the institution of the Panchayat;
it is a date of mourning for Goa who must endure the tyranny of the
foreign oppressor and glorify the pirate, Afonso de Albuquerque.
2) The Panchayat avails of this opportunity to express its appre-
ciation of the British Labour Party, who contrary to the conservative
Party, in power, has denounced the anti-democratic and terroristic
regime of the Portuguese Uictatorship, and in particular of the Presi-
dent uf the Goa League, Mr. Wedgwood Benn who has courageously
referred to the cause of Goa's Liberation.
3) Reg,zrding the case at the Hague Court the Varishta Panchayat
expresses its firm decision not to recognize any decision that might
object to or argue against the reconquered Liberation of the People
of Nagar Haveli and Dadra. And though it might recognize the com-
petence of the Haguc Court to deal with international treaties and
contracts, no 'treaty or contract can be considered, if the circumstances
which came to modify it in such a manner as to allow no conditions
for its existence. Furtlier, it is a matter of yolitical question since a
foreign political regime has ceased to exist as a result, just as, in a
similnr manner, by a popular revolt the rule of the Spanish Kings
ended in Portugal.
Silvassa,
25-11-1957. APPENDIXXXXIII
Civil Szlits
I.To try suits for money due ori contracts, not affecting any interest
in immovable property ;
- -
2. To try suits for the recovery of movable property of for the value
of such property;
3. To try suits for compensation for wrongfuily taking and injuring
movable property ;
LVherethe amount or value of the claim doeç not exceed twenty-five
Rupees.
Criminal Cases
I. Voluntarily causing hurt.
2. Assault or use of criminal force otherwise than on grave and sudden
provocation.
3. Assault or use of criminal force on grave and sudden provocation.
4. Theft, where the value of the property stolen does not exceed
Ks. 201-.
5. Mischief when the loss or damage caused does not exceed Rs. 201-
in value.
6. Criminal trespass.
7. Houçe trespass.
S. Intentional insult, with intent to provoke a breach of the peace.
Revenue Cases
I. To try rent suits to the extent of Rs. 1001-.
2. To determine reasonable rent of land.
3. To try cases of obstruction to the customary ways and roads.
Appeals against the decisions of the Varishta Panchayat shall be made
to the Council.
Minutes ofthe Proceedi+zgs
Ordinary meeting held on 26th nec. 1956.
Sfandardisatian ojWeights G Maasures
From a proposa1 put forward by the President of the Administrative
Couricil, the following was unanimously decided:
In order to counteract the fraud that is going on in the use of sub-
standard measureç which have not been approved by the Municipality,
these subçtandard measures are being used to exploit the poor population
of these Liberated Territories, the Nlunicipal Cornmittee decides that: I.Al1those who have in their shops or premises, measures not marked
by the Municipal Commission should bring them to the Secretariat of
this Municipality within 15 days in order that they can be checked and
marked from the date of this being issued.
2.After 15 days have elapsed, those agents with authority, like the
patels andthe police,should carry out a search of the shops and premises
and apprehend those measures not officially marked, between sunrise
and sunset, in the presence of2 members of the local Panchayat or two
identical witnesses. . .
3. Those that are apprehended sfiall be referred to the Courts, and
dealt with by the letter of the law.'
ADMINISTRATIO O F THE LIBEFUTED TERRITORIE OF UADRA
AND NAGAR-AVEL MIUNICIPAC LOUNCIL
..
CircztlavNotice
I.The public are hereby informed that from the 1st Jan. 1gj8 the
measure of a 'ceira' or poundinuse in this Territory shall be of 40 tollas.
2. The shopkeepers should prepare beforehand for the change in the
ineasure by having the required measures and their corresponding frac-
tions ready for theirbeing officially marked.
Siivassa,9th nec. 19j7.
The President,
(Siglzed}A.FURTADO.
APPENDISXXXVI
ADMINISTKATIO ONTHE LIBERATEL T)ERRITORIES
ADMINISTRATIV SEECTION
To: All the Public Departments
of these Territories.
Silvassa, 18th Nov.,'54-
CIRCULAR ORDER NO. 4
For the necessary action tobe taken, yau are informed that:
1. The Administration of the Liberated Territories of Dadra and
Nagar-Aveli has been invested 011the undersigned and in Dr. Antonio
Furtado with equal status and authority, it being up to them to resolve
al1administrative matters which are their joint responçibility.
2. However, for a proper functioning of the daily routine of thAd-
ministration, each of them is responsible for the following:
(a) The undersigned will look after Police, Finance, Forestry,
Agriculture and Education.
(b) Dr. Furtado:-Judiciary, Health and Wygiene, Public Works,
Posts and Telegraphs and the Rural Department.
.. ,.
JAI HINU. ' The Administrator,
(Signta)A. ,KARMALKAR. APPENDIX XXXVII
ADNXNI~TRATIO OFNTHE LIBERATEA DREAS OF DADRA AND
NAGAR-HAVELI
JUDICIAL DEPARTMENT
O@ce OrderNo. I
(Translationfrom Portugz~ese)
The Judicial Services, however modest they may be, demand judicial
probity, honesty in procedure and confidence of the public. Hence
. arises the necessity of the Civil, Crimiand Administrative Tribunal,
established in these Territories, rnaintaining itself strictly within the
norms of such conduct.
In order to attain this object, the ~udicial Departmentof this Ad-
ministration determines that
I) Against al1decisions afcivil, criminal andadministrative character
an appeal rnay be lodged in the Collective Tribunal, composed of a
judge, who proffers the sentence, and two capable members, who, ap-
preciating the facts, the law and the proofs presented by the parties,
siiall resolve the cases with equity and justice.
2) The cost of preparation of each appeal shall be Rupees fifty &hich
shall be distributed ithe following manner: members, three rupees to
the court clerk and the rest to the treasury of the Tribunal.
3) Each of the members of the Tribunal shall be given a week to
study the case after which the decision may be given by unanimity or
by majority, the dissenting member being allowed to substantiate his
stand.
4) Before commencing the session, each of the members shall declare
that his opinion has not been biassed by extraneous influences or fa-
vouritism.
j) In criminal cases which merit condemnations fo more than six
months, the Tribunal shall be assisted by a jury of four who shall judge
the question of fact, Each of the jurymen shall decIare that he shall not
be influenced by any extraneous influence whatsoever.
Judicial Department of the LiberatedAreas, in Silvassa, 14th Decem-
ber,1954.
The Judge,
(Sigfied)AntonioFURTADO.
The Judicial services, however modestthey rnay be, demand judicial
probity, honesty in procedure and confidence of the public. Hence
arises the necessity of the Civil, Crimiand Administrative Tribunal established in these Territories rnaintaining itself strictly within the
norms of such conduct.
In order to attain this object, the Judicial Department of this
Administration determines that :
Against decisions of a civil, criminal and administrative character
an appeal may be lodged in the CoIlective Tribunal composed of three
capable members, which at present are Shri C. RI.Barot, the Adviser,
Shri Cesar de Sa, the Municipal Engineer and Dr. D'Costa, the Agri-
cultural Officer, who; appreciating the facts, the law and the-proofs
presented by the parties, shallresolve the cases witk equity and justice.
Each of the memberç of the Tribunal shall be given a week to study
the case after which the decision may be given by unanimity or by
majority, the dessenting mernber being allowed to substantiate his
stand.
Before conimencing the session, each of the members shall declare
that his opinion has not been biassed by extraneous influences or
favouritism.
In criminal cases which merit condemnation to more than six months,
the Tribunal shall be assisted by a jury of four who shall judge the
question of fact. Each of the jurymen shall declare that he shalI not
be influenced by any extraneous influence whatsoever.
The cost of the preparation of each appeal shall be Kupees fifty
and shall be distributed in the following mariner:-Rupees thirteen
to each of the three members, Kupees three to the cIerk registering
the decision and other clerical work and the remaining to the Govern-
ment treasury.
This preparation or Court fees are payable only when the parties
want to appeal to the Collective Tribunal, that is to Say, when the
Public Prosecutor wants to appeal there is no Court fee and so the
appeal runs free of charge.
There are two pleaders and besides these, licenses have been given
to the Portuguese-Gujerati knowing persons to write to the Court the
petitions, complaints, grievances, etc. in the name of the petitioners,
or parties concerned.
The Court has a Gujerati-Portuguese knowing interpreter and al1
original Portuguese orders, notices, etc. from the Court are sent to
the party concerned, accompanied with Guzerati translation.
Judicial Department of the Liberated Areaç of Dadra and Kagar-
Haveli, in Silvassa, 6th Decernber, r955.
The Judge,
(SigfiedjA. FURTADO.
NOTIFICATION
No. A.U.M.
The Council bas been constituted in this area for taking final decisions
in respect of Administrative functions.
The appeals against the deciçions of the Civil and Criminal courts
including the Nyaya Panchayat shall be heard and decided by the
CounciI.S82 AXNEXES TO REJOlNDER (F NO. 117) .
The Council shall also hear appeals, against the orders passed bp
the Administrator or any of the Head of the Deptt.
The orders passed by the Council are final.
Silvassa,30th June, 1956.
. . {Signed)A. FURTADO.
Administrator,
Nagar-Haveli, Silvassa.
Copy forwarded W/Cç to al1 Heads of Deptt. for information and
guidance.
Sentence
(Translationfrom Portuguese)
The Public Prosecutor accuses Dalpat Bana, rajput, of Naroli,
identified in the documents, of having entered the residence of Bava
Muria, also identified in the documents, and of having offended him
voluntarily and physically nssaulting him on the 6th November last
year at II o'clock, with blows, and hitting hirn with the umbrella,
with the result that he was unable to work for two days, and was il1
for four dayç, which is punishable under Sect. I of Art. 360 of the
Penal Code.
In the course of the hearing4 witnesses, near relations of the plaintiff,
were heard, the Public Prosecutor not hsving called one of his wit-
nesses, and the defence lawyer hasring dispensed with al1 of his wit-
nesses. On page 41 the accused contested, saying that he did not enter
into the house of the plaintiff and did not assault him; but adrnits
that he went to ask hirn the reason for his absence from service after
having already received money and things in advance, and that on
this occasion he had started to boast and had given the impression
of wanting to assault him, whereupon he had given him a push ,in
order to avoid a fight. He declares that he gave the plaintiff 460 rupees
on the occasion of the tvedding and 30 rupees and 4 paras of rice, on
condition that in return he would serve in the estate of the accused,
and that the aim of this accusation made by the members of the
plaintiff's household or family was to cheat him, refusing to give his
services.
In the course of the hearing the same accused argued that from
the evidence it was clear that there was no case to be answered, and
that the police witnesses had given false statements. Having heard,
and carefully considered, we find the plaintiff and the accused are
legitimate parties.
The grounds of nullity invoked by the accused are not acceptable,
so long as the evidence was investigated by the Police, as is generally
done in al1 criminal cases which the Police investigate, and of which
the court is informed. The court, where necessary, directs that certain
enquiries should be made to compIete the investigation.
The Court is aware that to start the enquiries al1 over again would
be unfair to the witnesses who have to travel over great distances,
thereby losing a day or two of work, which resülts in creating anaversion for judicial enquiries, thus prejudicing the investigation of
crimes.
Now the fact is that the accused, ifthere was no case to be answered,
wouid have so indicated at the start of the proceedings, for this should
have arisen from the evidence submitted by the Police and not from
the final stage of the proceedings. Besides, Art. 173 of the Penal Code
lays down that the evidence submitted can be about anyact committed
and which has been accepted, rtnd which purpose the documents serve,
and have been referred to in Art. 169 of the same Code.
The proof by statement is a very slight proof, but together with
the other elements can be used either to convict or to quash the con-
viction. If this were not the case, all the crimes committed inside -the
family or in places not frequented by the public would go unpunished,
because of lack of proof.
According to what has been said, we do not proceed with the aile-
gation that there is no case to be answered.
To appreciate the arguments for the culpability of the accused:-
In his statements on page 42v, the accused admits that he caiight
hold of the plaintiff by hand and told him to go to work. He also con-
fesses that on the occasion referred to he was armed with an umbrella,
and that he demanded that the work should be done, having already
advanced a certain sum to this end.
That the plaintiff was assaulted is shown by the statement made
by the ambulance worker on p. 32,and the medical certificate on p. 30.
Reconstructing the evidence obtained by the policemen Ghadgue
and Karakbelekar, the latter in the presence ofa niember of the Central
Panchayat, itcan be concluded that, in fact, the accused had entered
the pIaintiff's house and had assaulted him.
The accused boasts that he had given money to the plaintiff which
he wouId repay in form of work. This is another manner of perpetuating
the slnvery of work. Already, before the Portuguese King's Com-
missary, Neves Ferreira, in his report on the Reform of the Services
in.Nagar Aveli in 1897, was deploring this situatiori of serfdom that
the "Saucars" (merchants) were creating towards the poor population.
It is for tliis reason that the plaintiff and his wife have been performing
manual labour for the accused in return for the advance .received.
From that also arises the oppressive situation of the very wife of the
plaintiff and other relations living under the same roof having refused
to relate what happened inside the house, from the fear of the might
of the accused "Saucar" (merchant).
On the other hand, the Police evidence, though not completely
faultless, shows that the facts therein referred to correspond to the
truth, for these Policemen have relations of friendship or enmity with
neither the plaintiff nor the accused; besides, the very plaintiff .and
his family lodged a complaint against the accused üt the Police Post
of Naroli. The policeman, Karambelekar, ~ho went through the evidence
taken by the policeman Ghadgue declares his conviction that the
incriminating facts are correct.
The proof in the Penal rights is more of a moral nature and its value
depends on the impression, great or small, that it can produce on
the judge.
It can be concluded from the evidence that the accused, abu-
sing his position of "Saucar" entered the plaintifi'shouse, andassaulted him with the umbrelia, thereby wounding him, as if the
money that he had given had conferred on him the abusive right to
enter the house of the accuaed and to inflict physical violence on the
person to whom he had lent money in return for work which, besides
being a return to feudalism, is also an attempt against human dignity,
which isnot admissible.
The case is therefore proved, and the accused Dalpat Uana is con-
demned to two month's prison, or, alternatively, to the payment of
z rupees per day for the two months' imprisonment, and a fine of a
month, which is equivalent to 2 rupees per day; the 30 rupees are
awarded to the accused and 30 rupees costs.
The criminal report to be fonvarded.
Silvassa, 2nd Feb.1957,
(SignedlANTONIO FURTADO.
APPENDIX XLI
Sentence
(Translation from Portuguese)
Shri Claudio Pais lent Rs.1501- to one Gopgi Danji, as per mutual
written agreement, to be repaid within a period of 5 years.
As security to the loan mentioned above Gopgi put Shri Pais in
possession of 20 gunthas of Iand which produced 1% aras of paddy;
the cultivating expenses of said land being Rs. 401- as the Patel
informs.
Shri Pais is cultivating tois own advantage said land for the last
IO years.
Last year (1957-195 II gunthas of the land were cultivated by
Gopgi and g gunthas by Pais. The produce of g gunthas is 20 paras
of paddy.
This year, Shri Pais cultivated3 gunthas and Gopgi 4 gunthas, not
being able to cultivatethe remaining part for being the same flooded
and wishing to cultivate it later.
According to the panchas' opinion, the annual production must be
of Rs. 1281- or Iara of paddy. After deducting the cultivation expenses
of Rs. 401- the amount in favour of Shri Pais is Rs. 881-,
Shri Pais, in his statement atp. 3 promised to fonvard the private
document of the debt. As he failed to do so he was sumrnoned to
forward the same-wliich he did not do, too.
According to "Dip. Legislativo" no 1.063 of 17-8-193 t9. interest
of lent capital cannot exceed 6% or 8%.
The main clauses are:-
"Taking into consideration that the interests charged against private
loans in this Territory percentages which surpass, in many ways, the
limita of just retributionof the principal lent.
Art. z: Where the amount of loan is lent against real guaraiitee the
interest will not exceed6% in other casesitshould not exceed 8%. Art. 3: There shall be no penal clause in a contract of loan which
shall impose an obIigation on the part of the debtor of paying the
penalty and any other fines to be paid by the debtor which would
exceed 3% over the debt and the period during which the interest
is not paid shall not be taken into account whilst calculating the
atnount of the interest.
Art. 4: Whenever in any of the above mentioned kinds of the interest
exceeds the amount indicated in the aforesaid provisions, the amount
of the interest will be reduced, and the creditor wiIl have to pay the
debtor whatever paid in excess by the debtor.
Art. 5: In contracts in which there is any kind of simulation of
value, either in the interest or in the capital,with the intention of
hiding the stipulated taxes, such simulation will be nul1 and void,
and the creditor will lose whatever he lent, in favour of the welfare
societies of the area where the suit decided and to whom the debtor
should give the due interest, calculated as per provisions herein provided.
Art. 6: The party that violates the rules of previous sections will
be punished to an imprisonment which may extend up to one year
and fine to 3 months.
5 I.The attempt of this crime will be punishable.
3 2. Tliose who serve as intermediaries in realisation of the facts
punishable under this section and its sub-sections shall in al1 cases
be considered as authors of the crime.
$3. The punishment prescribed in 5 z of the Art. 6 shal! be enhanced
in the cases where the circurnstances of such cases are aggravated;
where the money is lent taking advantage of the ignorance or imma-
turity or mental weakness even though not excepted in any provision
of law; or if a creditor takingadvantage of his fiduciarypositionlends
the money to the person to whom he stands,in fiduciary capacity; or
where attempt is evident in any contract to conceal the real interest
charged by simulation; the punishment shall run to 2 years of imprison-
ment and a fine of 6 months.
$ 4. In case of repetition of the same crime, imprisonment may
enhance up to 3 years and fine of one year.
Art. 7: These provisions shall be applicable to al1kinds of concessions
or money transactions in Portuguese India.
$unico: In Nagar Aveli any kind of concession of money transaction
will be valid only when it is executed in the presence of the District
Administrator,"
It is IO years since Shri Pais is utilizing Gopgi's land-the annua1
income being of Rs. 881-, without taking into consideration ara-
which amounts in total to Rs. 8801- (for IO years) as the panchas
indicate.
If we admit that a srnall part of the referred to land was cultivated
in the las2 years by Gopgi Rs. 1oo1- can be deducted from Rs. 8801-,
remaining thus Rs. 7801-. If 6% of interest is still deducted-4.e.
Rs. go/- from 780, Rs. 6901- remain in favour of Gopgi.
I) Thus Shri Claudio Pais has to return Rs. 5401-(Le. deducting
150 from 690) which should go to the Adivassi Welfare Fund for
having received more.886 ASNEXES TO REJOINIIER (F NO. 117)
2) The amount of Rs. 1501- lent to G,opgi, should be considered
as totally paid.
3) If the alleged contract has not been executed in the presence
of the Administrator it should be considered as nul1 and void.
APPENDIX XLII
r.An application seeking permission to appeal shall be made to the
authority who has given the decision, within 15 days from the date of
decision notified to him.
2. Ifthe application is admitted, the applicant should be informed
accordingly within 48 hours who will be required to deposit Rs. 501-
in Civil Court appeaIs and Rs. 201- in Criminal and other administrative
cases within 5 days along with the cost of case already conducted and in
default of this deposit the appeal will be considered as withdrawn.
3. Within IO days of the deposit a draft appeal should be submitted
in duplicate. The duplicate copy of the appeal will be sent to the pleader
of the respondent tvho should send his replies to the appeal points in
writing within IO days of the receipt of the copy of the draft appeal.
4. On receipt of the reply from the respondent the whole case will be
sent to the Judge or to the Authority concerned forjustification within
5 days from the receipt and in cases of Criminal and Administrative
matters to the Public Prosecutor for his opinion within 5 days.
5. The whole case tlien will be sent to each of the membérs of the
Council in rotation who can keep it for 5 days each for study. If the case
requires more time for study the time limit will be extended for 3 days
more.
6. The secretary of the suit will be alternately the Council members
Shri de Costa and Skri Cesar de Sa, who will submit the case of the
Council within 8 days with the summary of the case for being circulated
to the other members for their study.
7. When the case is tl-iuscirculated arnong al1the members the Secre-
rary should fix,within 2days, the next date of the hearing of the appeal.
S. On day of hearing the Secretary will start the discussion and when
the case is fully discussed the resolutioii ïv.ill be passed which will be
written in the remembrance Book and will be declared. Thereafter
within 2 days the Secretary will mite out the decisions with reasoning
in details in respect of resolution passed and take the signatures of the
Councilors in next meeting.
g. If the appellant is poor and is unable to pay the deposit money, lie
should apply, accordingly at the time of seeking permission to appeal.
The Judge after making inquiry is satisfied that he is poor, the appeal
willbe admitted without taking deposit and if it is found othenvise the
appellant will have to pay the Court tax of Rs. 201- more.
IO. If the appellant 'failsin the suit, the deposit is forfeited to the
Government . II. The appeal will not be admitted by Council unless it is submitted
through proper channel. In case the application seeking permission to
appeal is rejected by the Authority concerned then in that case the
appellant will apply to the Council.
12. The Public Prosecutor will assist the Council whenever he will be
required to do so according to the Law.
13. After the decision of the'louncil, the papers of the appeal will be
sent to the Autliority against whose decisionç the appeal was made.
14. The cases of commission or cases not mentioned in this regulation
will be regulated according the Portuguese Code.
Silvassa, 31st October,1957.
The Administrator,
(Signed) A. FURTABO.
(2)
The 2nd rule for appeals inthe SztpvcmeCourt
Ifthe Application is admitted or not, the appellant should be informed
accordingly within 48 hours, who, in case of admission, will have to
deposit Ks. 501- in Civil cases, and Rs. 201- in criminal and other
case;, within5 days along with the cost of the case already conducted.
In default of this payment, the appeal will not be taken into consider-
ation.
Silvassa, 8th January 1957.
The Adininistrator,
(Signed) A. FURTADO.
APPEND~X XLIII
PROPOSAI -s'THE WORKING OF THE EXCISE ARRANGEMENT IN,THE
NAGAR-HAVEL LIIB.AREA DURINC THE YEAR 1956 (I.E.1-1-1956 TO
31-12-1956)
Policy:-"Maximum Revenue, with minimum of consumption", has
been adopted as the policy from 1-1-1956 and it will continue working
till wefind çome other source of stable Revenue to replace the present
Excise Revenue, accruirig to the State from the legitimate consumption
of liquor aiid toddy in this area. The Administration has taken up full
responçibility for this policy, and so ousted out the middleman contractor
who was benefiting at the cost of the people and the State. SOthe only
Distillery at Ameli, iç now run by the Administration, from 1-1-1956.
To consolidate the Excise Revenue and the old law on the subject,
and to bring it in line with the law prevailing in some parts of Bharat,
it has been eiiacted as follows:
I.PRELIMINARY
Short Title
This -4ct may be cited as the Abkari Actojr956 of theN.H. Liberated
Area.
It extends to the whole of the Libcrated Areas of Nagar Haveli 6
Dadra and comes into force from 5-5-1956. , 2.In this Act, unless there is sornething repugnant or indecent in the
subject or context :
"Abkari Revenue" means revenue derived from any duty, fee, tax,
fines, confiscation ordered or imposed under this or any other act per-
taining to Abkari Revenue.
"Abkari Officer" appointed by the Administrator of this area 'and
invested with the powers assigned by him in carrying out the provisions
of this Act.
"Manufacture" means and includes every process whether natural or
artificialby which any excisable article is prepared such as liquor or
toddy.
"Toddy" means juice dra~vn from a cocoanut, brab or date or any
other kind of palm tree, whether in its fermented or unfermented state.
"Liquor" includes spirits of wine, spirits, toddy, beer and al1 liquids
consisting of or containing alcohol and obtained by distillation.
"Foreign Liquors" means ail liquors imported into this area, by land,
sea or air from foreign countries.
"To Tap" means to prepare any part of a tree, so as to cause juice to
exude from it.
"Cornmittee" means any of the cornmittees appointed by the Ad-
ministrator.
"Country Liquor" means and includes al1 liquors, produced and
manufactured in this area.
"Permit" means a Permit granted under this Act to possess liquor,
toddy or Mahura flowers more than the prescribed quantity, by rules
framed under this Act, from time to time.
"Nahum Flower" does not inchde the berry or seed of the Mahura tree.
"Abkari Officer" includes any Revenue Officer above the grade of a
clerk, any forest officer of the grade ofK.F.O. and any head constable
in charge of the police station outpost.
"To Transport" means to move from one place to another in this area.
"Magistrate" means one appointed to try Abkari Cases.
"To Export" meanç to take out of Nagar-Haveli Liberated a ka.
Establishment & Control
3. Excise Officer is charged with carrying out the provisions of this
Act.
He shalI be helped by the Forest, Revenue and Police Officers in the
field of detection of Excise crimes, with the view of safeguarding tlié
legitimate revenue from this source.
Manwfactzcreof Liquov
4. Licence required for the manufacture ofliquor Save as hereinafter
otherwise provided.
(i) No one shall manufacture any excisable article
(ii) No one shall tap any toddy producing tree
(iii)No one shall keep or have in his possession any materials,
still, utensils or implements for the purpose of manufacturing
any excisable article other than toddy
Except under the authority and subject to the conditions of a
licence, granted by the Administrator in his behalf. ANNEXES TO REJOINDER (F NO. 117) 889
4. A Possession of llliciLiquor
No person without lawful authority shall have in his possession any
quantity of liquor knowing the same to Iiave been unlawfully imported,
exported or that the prescribed duty has not been paid thereon.
5. No excisable article or liquor shall be rernoved from the Distillery
or any other place of storage established by the Administration, unless
the duty if any, imposed thereon has been paid or a bond has been
executed for the payrnent thereof.
6. No one shall sell liquor, without a licence granted by the Adminis-
trator.
7. Possession Of Liquor: The Administrator shall fix the limit of sale
and possession generally and for special occasions.
S. Prohibition of saLeofliquors tockildren: Liquor shall not be sold to
perçons below the apparent age of al years.
9. Mahura Flowers: No one shall posscss Mahura Flowers more than
5 Bengal Seers, after the vacation period, from 15th February to 15th
May of each year: During this period, al1or any people may collect and
sell Mahura flowers-the produce of the year from their trees.
IO.Duty :Duty on liquor shall be imposed at reasonable rates by the
Administrator, looking to the places and conditions of the people of this
area and also the matcrials used in distillation, and the degree of attenu-
ation of the wash and wort, as the case may be.
rr. Duty on toddy treeç shall be fixed by the Administrator at such
rates deerned reasonable looking to the condition of trees and soi1 on
which they are grown and the economic condition of the people.
12. Duty on toddy trees shall be paid by the licensee who taps them.
IVhen trees are not liccnsed the owner of the tree shall pay duty.
13.Licences For Sale:.All licenses for the sale of liquors and toddy
shall be granted by the Administrator, subject to such conditions as
deerned fit in the interests of the people and State Revenue.
14. The Administrator shall have power to frame rules to regulate
the trade in liquor and toddy.
15. The Abkari Officer, the Police Officer, the Revenue Officer and
the Forest Officer ernpowered in this behalf may:
(a) enter and inspect, at sny time by day or night, any land on
which any toddy producing trees are growing, whether such trees
are licensed or not, andany place of manufacture and sale of liquor
shops.
(b) enter and search, any place by day or night, where he has,
reason to believe, that liquoris manufactured without a licence, or
toddy is drawn without a licence, or thatany materials and irnple-
ments are kept concealed for manufacturing liquor.
(c)In case of resistance to break open the door and remove any
other obstacles to his entry. *
(4 And seize any other excisable articles and materials and ,
utensils of manufacturing liquors.
(e) Detain and search and ifhe dcems proper arrest such person
whom he has reason to believe to be guilty of sucli offences agai~ist
the Excise Revenue.$90 ANNEXES TO REJOINDER '(F KO. 117)
Al1 searches shall be made according to Cr. P. C. The Officer
making the search shall cal1upon two or more respectabIe inhabitants
of the locality (called panchas) to attend and witness the search
(failure so to attend is aIi offence under Sect. 187 of the Z.P.C.)
(ii) Make the search in their presence
(iii) Make a list ofl1things seized and of al1pIaces in wliich
they were found (list is called the Panchnama)
(iv) Get the list signedby the witnesses (called Panch)
(v) The occupant of the place of search shall be permitted to
attend the search and copy of the list delivered to him at his
request.
(vi) The search of a woman shall be made with strict regard
to decency and, if possible, by a woman (Sect. 103Cr. P. C.).
16. Oficers Bound To Assist: Al1 village servants and officers useful
to Govtt. and ail officers of the Department of Police, Forest aiid Rev-
enue çhall be bound :'
(a) To give immediate information to an Abkari Officer of com-
mission of any offence which may have corne to tlieir knowledge
(b) To assist any Abkari Officer in carrying out the provisions of
this Act. He shall exerciçe the power in the course of investigation
of poIice station officer, according to Cr.P.C.
17.Every Abkari Officershall within the area have power to investigate
al1 Abkari offences mentioned above. The Abkari offences shall be
cognizable to the Police, Forest and Revenue Officers above the rank of
constables and clerks.
18. Al1 Excise offences shall be bailable.
19. The Administrator shall have powers to close shops in case of
riots or, any hxed days.
20. PenaEties: Whoever in contravention of this Act or any rule or
order made under this Act or of any licence, permit or pass, granted
under this Act :
(a) Manufactures Iiquor or any excisable articles or
(b) Taps any toddy producing tree, or
(c) Draws any toddy from any tree, or
(d) Uses, keeps or has in his possession, any material, still or
utensil, implements or apparatus for the purpose of manufacturing
any excisable articIe other than toddy, or
(el Sells liquor or toddy without a licence, or imports, exports,
transports or possesses liquor-Shall be punished on conviction, fur
each such offence, with irnprisonmeiit for a term which may extend
to six months or a fine of Rs. 5001-, or both.
The punishment of imprisonment shall be awarded on second and
more convictions, the previous c8nvictions shall be proved by the
prosecution.
21. 1Vhoever maliciously gives false information, with intent that
any person or place be searched, tothe annoyance of any shall be punished
with imprisonment which may extend to six months or witli fine whicll
may extend to Rs. 5001- or with both. 22, The Administrator shall have powers to frame rules-
(a) For the working of the distillery, and the warehousing of
liquor.
(b) For the grant of various kinds of Iicences,passes and permits.
(c) Regulating the gant of rewards to informers and expenses in
cases and disposaisof Muddamal etc.
(cl) Framing rules for the marking and numbering of toddy trees
and tapping of toddy producing trees.
(6) Prociding for the consultingof publicopinion for the grant of
licences of vend of liquor and toddy shops.
The power to frame rules shall be subject to previous publications.
Provided that such rules rnay be made without previous pubIi-
cation,ifthe Administrator deems fit that they should be brought
into force at once.
23. The ildministrator shaII have powers to compound al1 or ariy of
the offences mentioned above and shall impose fine which may extend
up to Rs. zoo/- in lieu of prosecution.
24. Bar Of Action : o public servant shallbe proceeded against in a
court of law, for any action done in the discharge of his duties in carrying
out the provisions of this Act.
25.Al1appeals against the orders passed under the Act by thc Excise
Officei-s,shall be appealable to the Administrator andany orders passed
by the Administration shall be appealable to the CounciI.
No appeal shall lie against orders passed on appeal.
(Sig~zed)Antonio FURTADO.
Admiilistrator,
Nagar-Haveli, Silvassa.
Silvassa,
23-2-1956.
Yassed into law on 5-5-1956 and ap~iroved by the VAR~SHTP AAN-
CHAYAT mernbers, unanimously.
The Sar Panch
Varishta Panchayat,
(Signell)N. G. CHOUBAL,
Nagar-Haveli, Silvassa.
APPENDIXXLIV
Dear Sir,
As you are askiiig me whether the following allegations are true,
I am making the observations given below in reference to each of them:
(1) The allegation that "In Dapara ail image of Our Lady of Fatima
was removed from the chape1 and thrown out on the road".
After asking al1 the priests 1 have verified that no statue or image
was removed from the chape1 of Dapara or of any other place. Thecrowd collected by the People's Party testified to the justice and the
charitable spirit of the priests. Besides, most of the People's Party men
were Christians and treated the priests kindly.
(2) The allegation that "At a feast at Silvassa, people were fortod
turn their backs ta the exposed Blessed Sacrament to let their picture
be taken".
1 questioned the Vicar of Silvassa and some Christians about this.
None of them is aware of such an incident.
You are further asking me to Say whether soon after the assault at
Nagar-Aveli public order was soon normal.
I was in Goa during the attacks on Nagar-Aveli, which took place
around the 1stof August. 1 entered Nagar-Aveli, only on the 14th of
August. 1 heard that assaults and looting, inspired by communists, took
place in some parts of Nagar-Aveli, specialiy south of river Damanganga.
1 went to speak to the authorities to request them to take measures
for the safety of the people and Our priests and brothers, who were al1
at their posts. They assured me that they were doing that. They did
stop al1disorder. Many freebooters and drunken rowdies were rounded
up. Within a week after my arriva1 1was escorted at my request, as
there was no other means of transport then, to Dapara and then to
Canoel. The influence of the police activity was felt everywhere aby
the end of August people went about their work undisturbed.
Yours FaithfuIly,
(Signed) Joseph ALBUQUERQUE,
Vicar Forane, Canoel.
REPORT OF POSTAL DEPTT FOX THE YEAR-
OCTOBER 1957 OCTOBER 1958
RS. N.P
hloney Order ................... 23701 53
Sale of Revenue Stamps and Permit Forms .... 3797 06
Bharat Postal Stamps and Postcards, and envelopes etc. 3250 00
Staff expenditure, approximately ......... 6000 00
Income
M. O. Commission ................ 28 54
Old. Postal Stamps, P. cards, etc. ........ 88 24
,, ,, used as Revenue stamps ....... 560 25
677 O3
(Signed) V. G. PRAHBU,
Poçt hlaster,
L. A. Dadra and N. Haveli,
Silvassa, Silvassa.
8.11.58. APPENDIXXLVI
I. Free Treatmewt
Free treatmeilt to the Poor and Government servants, carning Iess
than Rs. roolo a month, was given at al1 dispensaries.
Maximum fees have been fixed in Private Practice: for home visits,
Rs. 210; for conducting labour cases, Rs. 510 (circular No.M.E.D. dated
15th September 1955) see Doc. No. I. hlaternity and child welfare and
school health programme was introduced under direct control of the
lady doctor, see Doc. No. 2.
2. Malaria control
Due to the faulty execution and other difficulties, therapy campaign
launched in 1956 for the wide-spread distribution of Quinine and palu-
drine tablets was stopped. Instead D.D.T. insecticidal spray has been
ungertaken on a large scale. Since 1957 whoIe of Liberated Area was
divided iilto three zones for this purpose:
i) Wyfiereendemic zone: Villages where the splinic Indes was
50% and above. These areas are sprayed thrice a year with D.D.T.
or Garnmexane.
ii) Mesoendemic zone: Villages where the splinic Index Ras
IO-49%. These were sprayed twice a year.
-.
iii) ~~poendemic zone: Villages where the splinic Index below
10% were sprayed only once a year.
This p.og-amme is to continue for 4..ears, see Doc. No. 2.
As a result of this intensive spraying the incidence of malaria from
August to November, period of maximum prevalence of Malaria in this
region, has been much reduced, as seen from records of the three
Government Dispensaries.
Malaria cases January to December 1957 = 857
,, ,, ,, ,, October 1958 = 357
Paludrine to School Children under direct supervision of the Teachers
is distributed once a week (0.3 gm).
3, Vaccination and Sanitaticin
In this Scheme for improvement of sanitation, stress was laid on
mass education by organising popular lectures iIlustrated by lanterii
slides and films, pointing out the dangers of insanitiiry habits. Health
and Sanitary Tnspector-cum-Vaccinator have been appointed, see
Doc. No. 3.
4. Trainin gf Nurses aizdCompounders
This scheme envisages the irnyrovement of rural health service by
training selected boys and girls from rural areas in Medical Aid. They ,
are taught to dispense ordinary mixtures and to dress the wounds,
and also to treat Malaria, skin disease and snakebite. They are also
trained to take pulse, respiration, temperature and to give in'ections
and to general nursing. Two students, one boy and a girl,are un ergoing
58 ANNEXES TO REJOINDER (F NO. 117)
894
this training. The girl has picked up the work quite well and will be
posted in-charge of Infirmary at Silvassa from 1958. The boy is just
initiating and will take about2 years to be trained, he will be posted
in the interior of the villages to give Rledical Aid and injection in
snakebite etc. This form of service by local people is expected to be
efficient and more economical in the long run. It has its drawbacks,
but it is better to have sorne aid given to these backward people than
no aid at all.
Practical nursing and dressing courses started from December 1956
for boys and girls from Nagar-Haveli Area, where a srnall salary of
Rs. 3010 a month is paid to the çtudents, see Doc. No. 4.
5. Medical Inspection of School Children
Since 1957 all school children are examined once a year.The report
for the year of 1957 showed that most children suffered from malnu-
trition, caries of teeth, skin disease as ring worm and scabies, headlice
and night blindness. In the kilavani and Randha Areas considerable
number was found with spleen enlarged
Since 1958, al1 school children are given Vit.A & D tablets daily,
ointment ior skin disease is supplied For enlarged spleen Quinine and
paludrine tablets are givei~. In one school milk powder is distributed
Tablets and ointment are administered by teacher who sees that they
are taken and applied under the direct supervision.The 6 monthly
weight record of students showed on an average are increase of 4 Ibs.
6. Infirnaary-at Khandvel, Silvassa and NaroEi
Infirmary of Khandvel was opened in 1956 and of Silvassa in 1957.
The number of Patients admitted were:
1956 1957 (upto Oct. 1958)
Khandvel . . . . . Xi1 18 75
Silvasça . . . . . . Nil I59 177
There are male and female wards at Silvassa, (with 8 beds), at Naroli
(4 beds) and Khanwell (G beds), see Uoc. No. 5.
7. New Dispensaries
Two new dispensaries are to be opened at Dudhani and Mandoni with
trained Compounders in charge under the Medical Officer of Khandwell,
see Doc. No. 6.
We have not followed discipline or Hospital Rules with the patients,
we have very often accommodated his whole family. In fact these wards
are known as Family wards. ie accepted them willingly so as to make
the people hoçpital minded. 1 think we have succeeded creating this
co~isciousness. Patients sometimes corne and occupy the beds without
even registering their names as if it was their own house.
(Signed) J. M. FURTADO,
Silvassa, 5th January, 1958. Chief Medical Officer. ANNEXES TO REJOINDER (F NO. 117) 895
Doc. I
No. M.E.D.
Circular.
SiIvassa, 15th September, 1955.
In'modifrcation of this OfficeCircular dated 8-8-195 t5, following
fresh circular is issued as some clarifications were found necessary. The
Circular dated 8-8-19 5hould be treated as cancelled.
The following instructions are issued for the efficient running and for
making the Dispensaries most serviceable to the people of the Liberated
Areas.
1.The Dispensaries should remain open between the hours of 9 a.m.
to I p.m. and 4p. m. to 6 p.m. and doctors are requested to be in the
Dispensaries at the appointed time. In case of any emergency, there is
no objection to go on visit.
2. The under-mentioned categories of persons should be treated free
at the Government dispensaries :-
a) Governrnent servants (including mernbers of their families) whose
monthly income is Rs. 1001- or below and also mernbers of public
having similar income.
6) Perçons detained under magisterial orders.
c) Undertrial prisoners or coilvicts.
cl) Patients who have been certified as poor by competent authorities
or Patel-Talaties or considered as poor by the Doctor concerned.
3, As far as possible patients should go to the Dispensary but in
serious cases where patients are physically unable to go the Dispensary-
Doctor may be called to their residences. In the case of the above cate-
gories of patients referred to in para (z), the Doctor should not charge
any fee for visits to their residences.
4, Al1patients including persons mentioned in paraz (a) and (6) will
have to pay the cost of costly medicines and injections. No injection fees
will be charged in the Dispensaries and therefore if the patients bring
injection ampoules to the Dispensary, injection will be given free. In
case of para 2,(b) and (c) Government will bear the cost.
5. Visids:-The maximum fee for a visit to a patient's residence is
Re 11-by day and Rs. 21- by night.
For maternity case the maximum fee is Rs. 2 and half by day and
Rs. 51- by night. No visiting fee should be charged in the case of people
having income of Ks, 1001- or less. The Doctors are strictly prohibited
from receiving fee for consultation at the Dispensary from any patient.
6. As guardians of the health of the people under their respective
jurisdiction, the Doctors should not remain contented with onIy prescri-
bing medicines for the cornplaint of the moment, they should explain
to the people how to prevent sicknesses common to this areaand general
principles of hygiene. They should attend tothe case with as little delay
as possible and their behaviour with the people should be very courteous
and try to create such atmosphere that very soon even these backward
class people who at present have no such faith in modern medicines and
do not take advantages of the dispensaries should be convinced of tlie.
benefits of getting themselves treated at the Dispensaries.896 ANSEXES TO REJOINDER (F NO. 117)
7. The Doctors should visit the schools under their respective juris-
diction at Ieast once in a year and examine the students and give neces-
sary instructions regarding prevention of diseases and general principles
of hygiene. After visiting the schools, Doctors should submit a report
to the Administrator regarding the general health of the student popu-
lation.
8.The facility of a free visit in casofcategory of patients mentioned
in para 2isin extreme cases when patients cannot walk to the Dispensary.
9. Doctors are recluested to cal1by turns the local Dais in their juris-
diction and give them lessons on observation of cleanliness and proper
hygiene necessary for healthy and natural delivery cases.
IO. Competent authorities means perçons competent to give certificate
for free treatment. They are gazetted officers of tlie Administration, the
Sarpanch of the Nagar-HaveIi Panchayat, Vice President and members
of the Municipalities and the Patel-Talaties and the Medical Officer
concerned.
II. A list of Government servants drawing a salary of Rs. 1001- or
less is supplied to every Dispensary.
12. A list of schools as tiiey are will be supplied to the Dispensaries
shortly.
13. The doctors will be allowed to use Government vehicles for
visiting schools.
(Signed) A. FURTADO,
Adrninistrator.
Nagar-Haveli, Silvassa.
Silvassa,
15-9-1955
To
The Administrator of Liberated Territories of Dadra and Kagar-Haveli.
Subject: Malaria Control. Maternity and Child Welfare, and School
population.
Sir,
Itis noexaggeration to Saythat malaria is the greatest single destroyer
and il1 health producer of the population of Nagar-Haveli. I may be
allowed to suggest that D.D.T. spraying may be donc 3 times a year in
Hyperendemic area (i.1. 50% or more of Sp. Index); twice a year in
Mesoendemic area (i.eIO to 49% Sp. index) and once a year in Hypoen-
demic area. Paludrine Tablets 0.3 gm may be given to al1School Children
under direct supervision of teachers once a week.
1would suggest also that the lady-doctor may be put in charge of the
hlaternity and Child weifare, so essential for this neglected area. She
should also train Local Dais m cleanliness and asepsis.
The Administration could avail of the building adjacent to the Dispen-
sary for Hospital and Maternity temporarily. The lady-doctor should
also be in charge of the school children population for health protection, ANNEXES TO REJOINDER (F NO. 117) 897
health promotion and health supervision, Six-month inspections of
School Children in\;%'interand in Summer should be compulsory.
Sanctioned on 5th Nov. 1956.
(Signed) J. M. FURTADO,
C.M.O. Silvassa.
To
The Administrator of Liberated Territories of Dadra aiid Nagar-
Haveli.
Subject :Health and Sanitary Inspector.
Sir,
As the insanitary condition of Villages is responsible for most deaths
from preventive diseases, I suggest 'that the present vaccinator be also
appointed as a Health and Sanitary Inspector with the additionalduties
of disinfections of wells teaching the villagers the elementary principles
of Hygiene and good Sanitary habits with the aid of health films and
Magic lantern slides.
Sanctioned on 4th February, 1957.
(Signed) J. M. FURTADO,
C.M.O. Nagar-Haveli,
Silvassa.
Doc.3
To
The Administrator, Liberated Areas of Dadra and Nagar-Haveli,
From
The C.M.O. Silvassa.
Subject : Training Course for nurses. compounders and midwifes.
Sir,
1 have the honour to recluest that a practical Course for training
nurses, midwifes and compounders for this area rnay be instituted on the
following conditions :-
1.-Any adult (17years or more) knowing to read, write and under-
stand Portuguese, English, Gujrati or Marathi is eligible for the post.
Preference should be given to N. Haveli residents and naturais.
2.-They will have to work as assistant cornpoundersinthe dispensary
alloted and will be paid Rs. 351- during the coaching period of I year.
2 tutions a week will be given by the chief of dispensary. At the endof
12 months a written oral and Practical examination will be held.
3.-The Administration will appoint the successful candidate as it
thinks fit as compounders, nurses or midwifes on monthly salary of
Rs. 701- with annual incrernent of Rs.101-a monthgoing up to Rs.10û/-. 4.-The candidate will have to pass a written declaration that he or
she will serve the Administration fora period of 5 years.
5.-The vacancies are :
3 compounders for 3 existing dispensaries.
2 nurses for Silvassa dispensary.
Imidwife towork under the present midwife.
Jai Hind
(Signed) J. M.FURTADO,
Silvassa, C.M.O. Silvassa.
12-11-1956
Roc. 5
To
The Administrator of the Liberated Territories of Dadra and Nagar-
Haveli,
Subject: Male and female Wards at Silvassa, Naroli and Khandwel.
Sir,
It is impossible to treat cases of cerebral malaria, pneumonia accidents,
etc. so very common in this area at the patients' houses. The backward-
ness of this population demands that an infirmary of at least 8 beds at
Silvassa be installed urgently, so that the poor may get adequate
treatrnent.
An infirmary is also necded at Khandwel. The missionaries have a
small infirmary and are willing to accept Government patients. Arrange-
ments should be made with them urgently to keep our patients there.
Silvassa, 1-2-1956. (Signed) J.M. FURTADO,
C.M.O.
Nagar-Haveli,' Silvassa.
,-
BO~. 6
To
The Administrator of Liberated Territories of Dadra and -Nagar-
Haveli.
Subject : Dudhni and Mandoni Dispensaries.
Sir,
-4s this area have no roads and people from interior are cut offfrom
Kl-iandwell dispensary in Rainy Season, 1suggest that 2 Dispensaries,
one at Dudhni and 2nd at Mandoni be opened. 2 male nurses may be
put in charge of these 2 dispensaries. They will treat fever cases, give
anti-venim injections and other first aid help under direct control of the
Medical Officer of Khandwell. For the present the residential Quarters for
'these Male Nurses may be.resp. Patelad of Dudhni and Mandoni.
Silvassa, 9-4-1956. (Signed) J. M. FURTADO,
C.M.O.
N. Haveli, Silvassa.
Sanctioned on 16-4-56. ANNEXES TO REJOINDER (F NO. 117) 899
APPENDIX XLVII
At the time of liberationthe educational system of the former Portu-
guese Government had stopped working. This Education system was
being controlled from the Goa Office. However the existing four Primary
Gujarati Schools and newly opened other schools were working directly
under the control of the Administration. Shri Dhansing G. Thakore,
Head hlaster, Silvassa Primary Gujarati School, was ternporarily asked
to supervise the working of al1schools in addition to his own duties.
On 20th July, 1955, with the appointment of the Education Officer
(OfficeOrder of 20-7-5 D5,c. No. 1) a separate Department for education
?vasopened by the Administration. The Education Department is under
the direct control of the Administration who lays down the policy for
the developmcnt of education in Nagar-Haveli and issues orders to the
Department accordingly.
With the permission of the Administration the following activities
are being carried on by the Education Department.
(a)Bal Mandirs
Bal hlandirs are run at Silvassa & Naroli with sufficient equipment
(OfficeOrder of 21-6-56, Doc. No. 2).
(b) Crajts
(a) Spinning was introduced in al1schools. Consolidation of this craft
is beingdone in fivc big schools. The yarn produced by children is
used to prepare khadi. (OfficeNote No. 12of 7-1-56Doc. No. 3.)
(6) Tailoring is introducedin Sjlvassa School. Al1girls are given train-
ing in this craft(E/D. (E.S.T.)No. 205 of 18-2-57, Doc. NO.4.)
(c) Carpcntry is taught in Silvassa School to grown-up boys. (Order
of 4-12-56, Doc. No. 5.)
(c) Social Education:-
This is a compuIsory activity in al1schools. (CircuNo. IO of18-1-56.)
About 700 adults are being made literate. So far40 adults have passed
the first test.
(d) SociaSlervice:-
Ali tcachers are doing social service as per instructions given to them.
(Circular No. 7 of S-II-j5, Doc. No.O.)
(e) Mahila Mandals :-
The Education Department looks after three hlahila hiandals started
for the benefit of backward wornen. They are supplied with sewing
machines, radio, indoor games etc. (E/D Order No. 172of 28.2.56, DOC.
No. 7.)
(f)Munici#al Library :-
The illunicipal Library and the reading Koom are being looked after
by the Education Department. Many additions have been made to bath
the Sections. (Sanction on OfficeNote of 26-9-56, Doc. No. 8.)900 ANNEXES TO REJOINDER (F NO. 117)
(g)Publicity Work :-
This work is done by the Department with the help of documentary
and other films shown with the help of a 16 mm. Projector. (Officers'
Meeting of 30.8.56,Doc. No. 9.)Paper publicity is doneby the Assistant
Educational Inspector. (Order of 6.5.j5,Doc. No. IO.)
(h) Training CourseFor Teachers :-
As per Administrator's Order, a training course was conducted by
the Department. 68 Primary Teachers in Nagar-Haveli took advantage
of this course. (A.D.M.-61 of27-9-5 D7.c. No. II.)
(SiglzedjD. G. MADEORE,
For Education Officer, Nagar-Haveli.
Liberated Area, Silvassa.
Silvassa,
January 4,1958.
Silvassa, 20-7-55.
Doc. No. I
Consequent upon the creation of the post of the Educational Officer
and the gant of long leave toDr. Jose Gomes, Medical Officer, Naroii,
the following postings are made.
(1)Shri V. S.Khalap is appointed as Educational Officer, Silvassa on
the total emolument of Rs. 1501- p.m. He joined duty on 20-7-1955
afternoon .
(Signed) Antonio FURTADO,
Administrator,
Nagar-Haveli, Silvassa.
Silvassa, 21-6-56.
OFFICE ORDER
Kuinari Nandangauri Shukla, Asstt. Teacher, Silvassa Primary School
is transferred as Asstt. Teacher, Bal Mandir, Silvassa School, but will
continue as a part-time teacher in the Silvassa Primary School.
(Sigaed) V. S. KHALAP.
Education Officer,
Nagar-Haveli Liberated Areas. Doc.No. 3
OFFICE NOTE PUT UP TO ADVISER FOR APPROVAL
E/D. No. 12
It is now necessary to organize the Craft Education on systematic
lines. The following Craft Teachers may be designated as Craft Organ-
izers and areas of Nagar-Haveli may be alloted to them as shown
below :-
I. Shri S. PATIL:-
I. Mandhoni 6. Amboli
2. Uudhani 7. Velugam
3. Khanvel 8. Dapada
4. Kherdi 9. Surangi
5. Parzai IO. Vassona
2. Shri B. K. VAGHELA:-
r. Dadra 7. Rakholi
2. Vaghchhipa 8. Alassat
3, Silvassa g. Samarvarni
4. Naroli-Koliwad IO. Naroli
5. Saili II. Kharadpada
6. ICarad 12. Luhari
The detailed instructions in the matter are as given be1ow:-
(a) You will move frorn School to School and supervise c,aft educa-
tion and give necessary instructions in the matter.
(b) You will see that in each school. t4 8 periods are allotied to
this subject.
(c) You wili see that pupils acquire ski11and speed in the craft.
(d) You will make efforts to increase the craft production.
(e) You will submit monthly reports on your work and the craft
production in each school.
(f) You will visit the schools under your control as often as possible.
(gJ The possibility of introducing weaving may be explored at a '
later stage.
Silvassa, 7-1-1956.
(Signedi)V. S. KHALAP.
Education Officer,
Nagar Haveli Lib. Areas. Doc.Mo. 4.
E/D (E.S.T.) No. 205.
Silvassa,18-2-57,
OFFICEORDER
Kumari Filomena L. dalCruz is transferred to Gujarati & Marathi
çides of Silvassa Primary School as a knitting and ernbroiderTeacher
on her present pay of Rs. 701- p.m. and for a period of 3 (three)
hoisrs per day. She is expected to give tuition at Dadra and Naroli
for some periods per week.
She should join her new duty as soon as she is relieved by Shri
Chandrakant J. Upadhya, Record Clerk, Rural Section, Nagar-Haveli
Administration.
(Sigfied)V. S. KHALAP.
Education Officer,
Nagar-Haveli, Silvassa.
Doc. No. 5
Silvassü,
4th Decernber, 1956.
ORDER
The opening ceremony of the Carpentary Class at Silvassa will be
held on 5th December, 1956 at 5.00 p.m. in the Bal Mandir Building
in Ameli.
The opening ceremony will be perforrned by Shri N. G. Choubal,
Sarpanch of the Varishta Panchayat, Nagar-Haveli.
The members of the Public and the Heads of the Departments are
requested to attend the said function.
(Signed) Antonio FURTADO.
Administrator,
Nagar-Haveli, Silvassa.
Doc.No. 6
CIRCULAR NO. 7
SIU Silvassa,
8-11-56.
SUD:-Plan O] SoczalTfiorkTo Be do.neBy Teachers
It has been decided that al1 teachers inN.H, should do social work
during their spare time particularly on Sundays and other holidays,
ta the extent of 3 hours per day.
They are therefore requested to follow the instructions given beloff
and plan out their work accordingly.
They should carefully note down the work done by them and submit
their reportsto this officat theend of every fortnight.The Inspecting
Officers will keep a watch on the work done, and give guidance very
necessary. Plaa of Social Work:-
1)To visit parents' houses and acquaint them witli the progress
of their wards
z) To persuade parents of the children not going to SchooI to send
them to school by convincing them about the importance of training
at school
3) To mix freely with the people .and acquire their love and
confidence
4) To show the villagers better ways of dressing and living
5) To teach villagers good manners and importance of clean language
6) To teach villagers, how to greet visitors in a proper wav
7) To arrange sports and games for villagers
8) To arrange villagers gatherings for Rtiajans, Talks or Enter-
tainment Programmes
9) To arrange talks on the fo1lowing:-
(a) Persona1 health and cleanliness
(b) Health of the village
(c) Balanced Diet or Food in general
(ri,)Local Administration
(e) World Affairs (pertaining to India)
IO) To arrange the village safai work once in a week
II) To arrange religiouç festivals in which al1 villagers should parti-
cipatc with a cordial spirit
12) TO help illiterate villagers in writing their letters or official
applicatons
13)To avoid quarrels and settle disputes in an amicable way
14) To plan out Shramdan for better village roads or for village
drainage system
15) To help viIlagers in case of minor diseases
16) To conduct a Social Education Class
17) To take the villagers into confidence and to get to know their
difficulties private or otherwise and try to solve them
18) The village school to be cultural centre
19) To make himself useful to the villagers in everp possible way
and try to gain their love and confidence
20) TOtry to dig a wellin a village, where there is nonby Shramdan
and stress the importance of clean and pure water for good heath
21) To persuade the villagers to nbstain from taking intoxicating
drinks, by impressing on them in a icactfztlway, the evil cffectsof the
same, including the lossof money, health, prestige and peace at home
and society.
It is suggested that the Administration may ask the Nagar-Haveli
Panchavat, the Police.the PateI Talati and the Public in ge-eral to
CO-operate'with the téachers in their social work.
(Sigaed) D, G. THAKORE.
Education Officer,
Nagar-Haveli Liberated Areas. Doc.No. 7
EID No. 172,
Silvassa28-2-56,
The Administration hereby authorises the purchase of 3 Singer
Sewing Machines for the development of the Mahila Mandals started
at Silvassa, Naroli and Dadra.
(Signed) A. FURTADO.
Administrator,
Lib. Areasof Dadra & N. H.
Doc.No. 8
The Administration agrees with the suggestions put up by the
Education Department for the re-organisation of the Municipal Public
Library.
(Signed)C. hl. BAROT.
Adviser.
Doc.No. g
The following decisionç were taken:-
I. The Generator and Talkie apparatus and other things maintained
for the Visual Education Scheme must be kept in charge of the Edu-
cation Department and should be accounted for. Bills of expenses in
this connection may be prepared by the Department.
(SigrcedC. 31.BAROT.
Adviser, Nagar-Haveli.
Copy F.W.C. To The Education Officer,
For Information and guidance.
B.O.
A. B. PRADHAN,
Aval Karkun,
21-9-56. Doc.No. IO
ORDER
Shri Dhansing G. Thakore, Teacher, Silvassa who is entrusted with
propaganda and publicity work in addition to his normal work, will
receive an honorarium of Rç. 501- p.m. with effect from 1-4-55,
(Signed) Antonio FURTADO.
Administrator,
Nagar-Haveli, Silvassa.
Doc.No. II
Silvassa,27-9-57.
NO.A.U.M.-61.
U.P.
Sub :-Trained Teachers
Menzo :-
The Education Officer, Nagar-Haveli is informed that it has been
decided in the meeting of the Varishta Panchayat held on 5-8-57and
15-8-5 t7at a Committee of three members viz. Shri V. S. Khalap,
Shri N. G. Choubal and Sliri U. hl. Parmar should be informed to
report about trained teachers and opening of an Ashram School. It
was also decided that advertisement for trained teachers should be
published in "Pratap" paper. He is therefore requeçted to cal1 a
meeting of the Committee me~nbers and put up concrete proposais
before the Administration.
2. He is requeçted that he should hold a Training Claçs of Primary
Teachers for about 15 days in the Divali Vacation so that they can
be trained in the art of Teaching.
(Signed)Antonio FURTADO.
Administrator,
Nagar-Haveli, Silvassa.
To
The Education Officer,
Nagar-Haveli, for information and necessary action.
(Translation from Portugztese)
Art. I. On the principles of the Regional Centre of Goa, this asçocia-
tion is founded, with its centre at Silvassa, and will be called the Regional
Centre of Dadra and Nagar Aveli, having as its aim:-
Cultural and Recreational Sessions, Confcrences, Sports, a Readinggo6 ANNEXES TO REJOIXDER (F NO. 117)
Room & Library, and otherwise to contribute towards the good of the
Liberated Territories.
Art. 2. The membership of the Centre will be of four kinds:-ordinary
members, with a mernbership fee of I rupee and a monthly subscription
of Irupee; "extra-ordinary" memberswith a membership fec of25 rupees
and a monthly subscription of one rupee; patrons with a contribution of
250 rupees and honorary members. The tatter shall be those the General
Assernbly choose, taking into accoiint the relevant services rendered to
the Centre or to the Liberated Territories or because of great merit.
1.-The first three classes of membership will be open to those who
are resident in these Territories for more than 3 months. The honorary
members can be from outside these Territories.
2.-Only those members who are already enrolled for 3 months or
more and whose contributions and fees are paid will be eligible to vote.
3.-Thc Executive of the Centre will consist of the President, a
Treasurer, two members and a Secretary, with the respective assistants,
al1elected by the General Assembly for a term of one year beginning on
1st January. The Executive shall ordinarily meet every month.
Art. 4.The Executive sha1i:-
(a) represent the centre or deiegate the duties to the Yresident.
(b) cal1a GeneraI Assembly through the President.
(c) Administer the funds of the Centre,
(d) Present at the beginning ofevery month a Statement of the
Receipts and Expenses of the previous month for the examination
of the members, and at the end of the year present the General
Assembly with a complete account of the year's Receipts and
Expenses.
(e) Accept rnembers of the first three classes. The conditions
governing the admission is that the member is not under 18 years
of age, has a good moral and civil character and a certain social
standing. The application for membership has to be seconded by
two members. In case of rejection of membership, the members who
seconded the application can, within 15 days, appeal to the General
Assembly.
(f) Suspend the membership of those who have not paid the
respective fees for more than 4 months, or those who, by their
conduct, are not worthy of being a part of the centre. Those sus-
pended can, within 15 days, appeal to the General Assembly.
(g) Promote and safeguard the aims of the Centre.
Art. j. The General Assembly will meet annually in the second half
of December, when the executive will be elected.
Art. 6. The subscription shall be paid by the 10th of the following
month, and the men~bership fee contributed when admitted.
Art. 7. The inco~ne of the Centre will be derived from the subscrip-
tions, membership fees, donations, profits from any socials, etc., and also
from the municipal subsidy that may be given. This subsidy wil be used
to buy furniture and "objets d'art" which will becomc the property of
the Municipality in case the centre isclosed. ANNEXES TO REJOINDER (F NO. 117) g07
Art. 8. In case the centre is dissolved, the assets of the Centre will
revert to the "adivasçi" fund started by the Administration.
Art. 9. Thc elections to the various committees çhall take place as
soon as there are roo memhers enrolled.
Transient Note:-So long as theeIections cannot be held, aProvisional
Executive is authorised to spend at least50% ofthe dues coIlected.908 ANNEXES TO REJOINDER (F NO. 117)
APPENDIXXLIX
PUBLIC \VOKKS DEPARTMENT
BEFORE LIBERATION.
During the Portuguese regime, there was no Public LfrorksDepartment
in this Territory. The P.W.D. works were supervised by the Engineer
from Daman and tliere were only 01ie Mustering Clerk and Six Road
Coolies to look after the maintenance of petty repairs. The Engineefrom
Da~nan used to inspect tlie roads and instruct the personnel to carry out
the necessary works. Major works were given on contracts. The only
equipments of P.W.D. are an old Steam Roller and a Watering Lorry
both equally dilapidated and a couple of rollers.
The Nunicipal roads were looked after by the Municipality of Nagar-
Haveli.
The following were the metalled roads in this area.
I.Silvassa to Dadra ........... 3 Miles
2. Silvassa to Naroli ........... 5 1J
3. Silvassa to Khanvel .......... IG ,,
4. Khanvel to Kherdi .......... 4-4 ??
j.Khanvel to Waghchauda ........ 5-1 ..
6. Silvassa to Amli ............ I Mile
7.Xaroli Bhilad Road .......... I Mile 6 Furlongs.
Nothing was done to the roads except that patch repairs was done
here and there with the result that the metal originally put on the road
has been crushed exhaustively so much so that only soleing of boulders
was left out where it was put, and soleing also was damaged. Gutters by
the side of the roads had never been cleaned and were al1 choked up
with mud so that they had left little or no trace of their existence.
Organisation :-
After liberation a separate Department was opened by the Adminis-
tration to organize, supervise and construct the works of public utility.
A building Committee consisting of 4 officia15and the Saryach of the
Panchayat has becn set up to advise for planning and approving the
new works. The Committee meeting is held twice in a month.
It will be seen from the below mentioncd works undertaken, what
measures this Administration has taken for the uplift of this Area,
within a short period of 4 ycars, with its limited sources of income.
THEWORKS UNDERTAKEK AND COMPLETED IK 1956
Bzsildings
I School Building at I>apada ............ 20,40040
2 -do- Khanvel ........... 20,400-00
3 Public Library at Silvassa ............ 13,500-00
4 12 Semi-pacca Schoo................n average cost of
Ks. z~oo/- each 25,200-00 AKNEXES TO REJOINDER (F KO .117)
910
2 -do- K hanvel ............
3 Staff quarters at Silvassa (Municipal) .......
4 Remodelling Agri .Shed in the Farm .......
Convertion of garage into Godown at Silvassa ....
j
6 Convertion of one Police Division room into Lockiip .
7 Addition and alteration to Maternity Home at Noroli
8 Forest quarters at Velugam ............
9 Semi-pacca School Building at Nasat .......
IO Waghchauda ....
II ., .. Surangi (by donation)
12 Re-roofing of Sister's Quartersat Khanvel .....
13 Repairs to Buildings ..............
rq Remodelling of the Silvassa Hospital .......
Roads :-
I Re-metalling of Noroli-BhiIad Road I-G$ .....
2 Kc-metalling of Khanvel-Kerdi Road 2-0 .....
3 Re-metaliing of Dapada-Klianvel Road 3-0 ....
4 Re-metalling of .kgri.Farm Koad .........
Soling of Khanvel-Mandoni Road 44Miles .....
5 Soling of Amli-Distillery Road 0-4 Flg ......
6
7 .... NoroIi-Koliwada Road .........
S Re-metalling of Division-Library road. 750 ft...
g Asphalting part of road opposite Silvassa Library . .
IO Asphalting Amli-Silvassa Road ..........
II Re-metalling Silvassa-Noroli Koad 4 M-540 Rft...
12 Re-metalling Silvassa-Kakholi Road 4-1 ......
13 Collection of Meta1for Khanvel-Kherdi Road ....
14 Prepared Mile and Furlong Stones ........
15 Minor repairs to Roads .............
New Wells:-
Construction of 12 New Wells .......... IO41240
Repairs to z j Wells ............... 3.036-00
Culvertsand ca.useuays:-
i 3 Culverts on Noroli-Koliwada Road .......
2 5 Humepiye culverts on Noroli-Bhitad Roads ...
3 ICulvert at Dadra ...............
4 Repairs to Culverts ...............
j Repairs to Rakholi Causeway .......... The cultivators are complaining against the landlords from \rrhornthey
rent the land, because they who have been cultivating the land for
generationa rirenow forccd by the landlords to give up the land, either
by the landlords themselves sowing the seed or proposing or forciiig the
exchange of these lands for others, which is an economic loss tothe
cultivator, or even by other means forcing them to lcave the lands.
The landlords strite that they wish to cultivate directly their own
lands, transforming them into orchards and for other cultivation. This
procedure of takinç away the land at the time of cultivation, when
they conld have and shorild have done so earlier is contrary tothe orders
of this Administration, published in Gujerati on 11.3.1955 and explained
and enlarged on 26.12.1955. It waç stated there-no cultivator who has
rented the land can be asked to hand back the land without a decision
Erom the Administration and that the followirig basis should be used
when rescinding the land lease:-the failure to pzy the annual rent,
damage to property, its sub-division, and its sub-leave and the use of
land for a purpose other than of agriculture.
Itis therefore clear that when this isnot the case, the Administration
cannot permit the dismissal of the lease holder; and with al1 the more
reason the landlord cannot be allowed to constitute himself to be the
judge of his own case.
Thus, for lack of a legal reason, the lease holders cannot be dismissed
by the landlords, who have large tracts of land which are still left uncul-
tivated and tvhere they could eng.age their activities. This does not
apply to the exchange or the giving up of the lease of land, when there
is no disagreement between the parties and if the Administration has
no objection-the latter, when considering the case of an illiterate lease
holder.
In case the landlord refuses to receive the rents they can be deposited
with the Administration; where the landlord can collect them before
they are entered into the Treasury books. If the rents are paid in kind,
the lease hnIder will consider himself responsible as the depository,
until an order to the contrary.
ils this deals with the subject of rents which interests the majority
of the poor population of these Territories, it is necessary to forward
immediately copies of this act to ail the village authorities (Patelados)
in order that they can be made known locally and explained directly
to the cultivators.
Silvassa, 15th July, 1957.
The Administraior,
A. FURTADO. ASNEXES TO REJOINDER (F NO. 117)
gT2
up to the end of October 1958
Positiolt after Eiberatio~z
Seed khauti tagavi loans have been granted to the needy small land-
holders and tenants of this area as shown be1ow:-
Number of Quantity of distributed Seed khauti grain
persons grant- paddy Nngli Jowari
Year ed the loans Haras Farsrt Toc. SeersHar. Far. Toc, S.H. F. T. S.
The Administration fixed the wages of labourers for grass cutting at
Rs. 1-04-00, for male and Ks. II-,for female as recommended by the
Varishta Panchayat.
Measuresfor GeneralWelfave :
The Agriculturists have been granted tagavi loans for agricultural
irnprovements as shown below :-
No. of agrlçts. .4mount of tagavi
'L'ear granted loans loans granted
1956 5 Rs. 540-0040
1957 7 ,, 720-00-00
1958 31 ,, 5,055-00-00
-
Total 43 Rs. 6,315-00+o
Besides, the Advasis, Harijans and Chamars are given loans from
Adivasi Welfare Fund for construction of new houses in addition to
free gant of
No. of adivasis Arnount ofloans
Year granted loans granted
Rs. 150-00-00 ,
1956 2
7957 7 ,, 67j-00-00
1953 17 ,, 3,045-00-00
-
Total 26 Rs. 3,S70-00-00 The Administration has constructed new wells for drinking purposes
after liberation during the last three years in addition to repairs to
25 wells.
Xumber of Xew Expenditure incurred
T'ear Wells constructed for Wells
The nurnber of Rathias has been increased from 53 to 54.
Secretary-Fazenda.
Silvassa,
7-1 1j8.
r) Licences forcarrying on the business to be granted only to residents
of Nagar-Haveli .
2) AII other unlicenced dealers to be prohibited from carrying on
business in these areas uiider pain of confiscation of their produce.
Co-operation of police and talatis issought in this respect.
3) Licencees are permitted to have collecting agents authorised by
the competent authority.
4) The price of procurcment of eggs are fixed as follows;:
January to June .............. r anna each
July to September ............. ~f ,, ,,
October to Novernber 15 .......... I ,, ,,
November 16 to end of Decernber ....... 14 ,, ,,
Commission to be allowed for licencee for local sales at annas
two per dozen eggs.
5) Al1petitions for export to be directed to the authority concerned
for levy of tax.
6) As regards fowls, it is not practicable to fix prices, they Vary with
the size and condition of the bird and may be fixed between Re. 0-8-0
to Rs. 3-0-0 per bird. Intending purchasers should give at least a week's
advance notice of their requirements.
7) The licencees should maintain a register showing his local sales and
another for his exports for statistical purposes.
S) Licencees infringing any of the rules prescribed will be liable to
fine andlor revokement of licence at the discretion of competent
authority. ANNEXES TO REJOINDER (F NO. 117)
(PubJished in English and Gz~jarati)
WHEREAS it has been deemed expedient to regulate traffic in Food
Grains due to the partial failure ofthe monsoons,
WHEREA it is necessary to fix the prices of food grains to prevent
hardships to the lower income groups, taking into consideration the
interests of producers, consumers and the merchant comrnunity alike,
AND al1 representative public opinion having been consulted, the
Administration of these Liberated Territories of Dadra & Nagar-
Haveli does hereby promulgate the rules for regulating traffic and
procurement ofGood Grains as under:
Art. I In order to built up stocks al1 producers sliall be subject to
levy of food grains, Save those srnall holders paying an assessrnent below
Rs. 501- per annurn.
Art. 2 Those paying from Rs. 501- to Rs. 991- per annum shall be
subject to a levy at the fixed rate an amount of paddy equal in Tokris
to the number of Rupees of assessment.
Art. 3. Those paying Es. 1001- and above shall be subject to a levy
at the fixed rate of one Hara per Rs. 1oo1- of assessment proportion-
ately.
Art. 4. Al1exports of food grains shall be subject toa levy of 5'y0at
the fixed rate and this shall be supplied to the appointed agent or agents
of the Administration.
Art. 5. The prices fixed for procurement after due consideration are
as follows:
Paddy 1stClas 2nd CEass 3rd Class
Per Hnra Rs. r6oi- Rs. 1351- Rs. 1241-
h'agle per Bag of 6 Faras-Rs. 301-
Art. 6. Al1paddy procured to be given in 3rd Class.
Art. 7. Al1infrin&rnents against any of the articles aforementioned
shall be sternly dealt with in accordance with the law in force against
profiteering and blackmarketing. which entails, inter alia, attachment
and imprisonment, being considered criminal breach of trust.
Given this 18th Day of November, 1957 at Silvassa.
(Signed)Antonio FURTADO,
Administrator,
Liberated Areas of Dadra & Nagar-Haveli. AKNEXES 'î0 KEJOISUEK (F NO. 117)
(Published in Englislzand Gujarati)
Pursuant to the Food Grains Ordinance of the 18th Day of Novernber,
19.5 he Administration of these Liberated Areas of Düdra & Nagar-
Haveli, is pleased to yroclaim the following, for the regulation of exports
of Food Grains:
Art. r.Exports of only 1st Class Paddy for the present are allowed
on the condition that the exporter furnishes a written guarantee in the
petition for export, to supply t5e% quota in3rd ClassPaddy on demand
by the Administration to the nearest Fair Price Shopkeeper. This demand
shall be made by the 31st of March, 1958, at the latest, subject to prices
as per Food Grains Ordinance referred to in the preamble.
Art. 2.Al1previous export permits are cancelled and taxes paid pre-
viously, for export not yet realised, will be adjusted towards the new
permit.
Art. 3. Petitions for export shall be conceded to a maximum of 500
Bags of 6 Faras each, in case of trucks and 50 Rags in case of carts, at
each tirne. These petitions shbeldirected to the Food Grains Committee.
Art. 4. Each permit shall constitute a complete transaction valid for
one trip only and the perniit shall be handed over at the Frontier Post.
Art. 5. Ail infringeinents against any of the Articles afore mentioned
shall be sternly dealt with in accordance with the law in force against
profiteering and blackmarketing, which entails, inter alia, attachment
and imprisonment, being considered crimina1 breach of trust.
Given this 19th Day of November, 1957 at Silvassa.
(Signed) Antonio FURTADO,
Adrninistrator,
Liberated ilreas of Dadra8: Nagar-Haveli.
. APPENDIX LIV
An AgriculturaI Association or Community is formed of direct culti-
vators with the aim of organizing .agricultural activities among the
adivassi associates; provide their necessities of food and housing and
to organize their economical and social life on co-operative basis.
Each Community shall be established as soon as there is land available
which is contiguous and has sufficient economic advantage for the
employment of the activity of not less than 25 families. Clause I
The number of the compoiients shall be fixed subject to the extension
of the land i.e. 2 hectares per family.
Clause 2
Once the number of components is fixed the residents of the locality
who are not concessionaries will have preference (save if they bring their
concession into the community subject to a previous agreement) and
who have no lands; the Community having thc right to bring in othcrs
without causing disadvantage to the Association and to the exploring
of the lands.
SECTION III
The components of the Community are bound to cultivate the Iand
directly, and have no right to sub-rent them to others on the title of
partnership, labour or any other reason.
Clause 1
The non-observance of this rule will determine the expulsion of the
members and condemnation to a fine of Ks. 3010 to Rs. ~oolo and
redeemable imprisonment of not less than 2 months and not exceeding 6.
The component's farnily, so long as they do cultivation work on the
Iand of the Comrnunity will enjoy the same rights as the component
on his death. In the case of the component's incapacity to work, the
Community will establish a grant in his favour, should his family not
be in a condition to support him.
SECTION V
The land may be cultivated collectively or individually. In the former
case in absence of ageement the product shall be equally divided among
the members.
Clause I
The rent of the land shall previously be fixed according to the pro-
duction.
SECTION VI
The following constitute the nominal property of the Community:-
I. - Al1State and Municipal lands which arenot given on concession
or on lease.
2. - The leased lands, at the close of the lease period or rather,
when the interested party agrees to it.
3. - The concession lands which have reverted to the State. Uncul-
tivated lands and those wliich are expropriated or exchanged.
Clause I
The concessionaries and owners of expropriated or exchanged lands
who have no other lands shall have preference in becoming components
of the Community. Clause z
The Community will safeguard the normal revenue of the Adminis-
tration and Municipal lands.
Community lands may be expropriated for:-
- Construction of State or Municipal public buildings.
- Communications.
- Construction of cemetenes, markets, wells, etc.
- Forest or Agricultural nurseries, farrns, etc.
The leases, made by the Administration and the Municipality, shall
in default of any other determination,.be renewable after a period of
Ij to 30 years.
SECTIOSIX
The lease conditions shaïl stipulate the season and the methods of
cultivation; the kind of sowing, plantation of fruit-trees and the time
of paying the rent.
SECTION X
Every year an Agent of the Administration shall inspectthe culti-
vations carried out and shall indicate the necessary changes in his
Inspection Report.
The Headquarters of the Community Administration shall be in
Silvassa and its function shall be carried out through the Rural Depart-
ment. Al1decisions shall be taken by a Communities' Council composed
of the Administrator, the Forest Officer, the Agricultural Officer, the
C.M.O. and a representative of the communities.
SECTION XII
Each Comrnur;ity shall have a Body of 3 members who shall decide
matters of its interest. The decisions shall be submitted for the approval
of the Council.
SECTION XII1
35% of the net income of the Community constitrites the revenue
of the Administration.
SECTION XIV
With the Administration fund shall be carried out improvements
such as building of tanks, dams, grants for construction of houses for
the components,, the purchase of articles of clothing and others which
constitute a direct interest of the cultivators. ANNEXES TO REJUINDER (F NO. 117)
918
The rents rnay be payable in money and in kirid, or according to
~\.hat may be stipulated by the respective Community Body.
SECTIOK XVI
After deducting the expences from 35%, 15% of the income to be
distributed among the components shall constitute capitalisation fund
of each Community and shall be spent with the previous sanction of
the Council, in benefit of the Comrnunityand its members. The rernainder
shall be distributed according to Art. 14.
Each Comrnunity shall have: a book of components with correct.
description and inscription; a book of payment of rents and other
additions; a book of the Council resolutions.
-- Rents shall be & of the production.
- Each Community ivill pay a land-tax.
- An Administratioii staff-rnember shall be chosen, should the need
arise, to take full charge of the work concerning the Community.
Fodder isfed at the rate of20 Ibs of dry matter per 1,000 lbs of live
weight.
This can be given in the form of 70 lbs green fodder when available
or mixed proportionately.
Concentrates are fed at the rate of4 lbs wheat bran, 2 lbs ground-nut
cake, z Ibs cotton-seed and 2 Ibs of gram per 1,000 lbs live weight.
The weight of bulls may be found sufficiently accurately by measurc-
ment by the formula 2
GxL=
Weight in pounds where G = Girth behind the elbow in inches and
length from the point of the shoulder to the point of the buttock, in
inches = L.
If al1 the concentrates be not available, they rnay be substituted by
other equivalent concentrates which wilIbe indicated by the Agricultural
Officer. ANNEXES TO REJOINDER (F NO. 117)
APPENDIX LVI
Name of Patelad :-
Name of Bull:-
Person To Whom Given:-
Date :-
Description :-
-
Name of Cow Date oii Rernarks
served & the which Date of Rirth Sex (Quality of Calf,
Name of the Service of Cali Disposal Price
Cow's Owner \Vas Given realised etc.).
This forrn is to be submitted to the Agricultural and Veterinary Ofticer of the
Liberated Areas of Dadra & Nagar-Haveli on or about the 5th of every month.
1 the underçigned by Caste ...... resident of ......
Patelado of .... do hereby bind myself to the Administrator of
the Liberated Areas of Dadra &
h'agar-Haveii to maintain in good
Description of the Bull:- breeding condition, the bu11 of th'e
Present Age :- marginally noted description, and
Price Rs :- to give free service of the said bull,
Date of Supply of Bull:- within the reasonable limits of its
capacity, to the cows of the pre-
Prescribed zone for services
of the Bull:- scribed zone and to conform to the
conditions typed above, failing
which the cost of the bill1be recov-
erable from me.
Signed this ...... Day of .......... 195 -
before the Agicultural& Veterinary Officer of the Liberated Areas of
Dadra & Nagar-Haveli.
Agricultural G Vetsrniary Oficeu,
Liberated Areas of Dadra & Nagar-Haveli.
Signature of
Agent.
Witnesses : (1) ...............
(2) ...........a ... ANNEXES TO REJOINDER (F NO. 117)
APPENDISLVII
Free Dadra and
Nagar-Aveli.
Silvassa,
November 6, 1958.
The Administrator,
Free Dadra and Nagar-Aveli,
Ref: No. 45z/Agri/Vet/S.O/OF/59.
Sub : Progress KePort
Since the publication of the last report, al1 the various activities
mentioned have been intensified. Trec planting has been increasing
annually, hriving reached the figure o1,184grafts at a cost of Rs2,384.75
N.P. tliis year. The figures for Fertilizer distributed is Rs2,766-1-9.
Improved varieties of paddy and val worth Rç. 17e5-0 has also been
purchasesd and is being multiplied for distribution and partly has been
distributed. Measures have been adopted for combating plant pests
and four dusters and a sprayer, insecticides and fungicides have been
purchased and are loaned to perçons in need gratis, during outbreaks
of plant diseases.
An agricultural Comrnittee has also been formed to deal with Land
Keforms and Development ancl the possibilities for small scale irrigation,
drainage by Hume Pipes, poultry Development and levelking of land
are under way.
A Stockman has been ernployed. Attendance at the Veterinary Animal
Husbandry is increasing and the Stud Bulls purchased have been distri-
buted to the Patelados of Silvassa, Naroli, Kilavni, Randha, Cadoli and
Dudhni. Freeze Dried Rinderpeçt Vaccine is being used for the first time
in the areaç and work has already commenced at Mandonim and Khanvel
Patelados. Beçides this Ranikhet Disease and Fowl Pox vaccinations
are being carried out in Poultrp. The following are the figures for inocula-
tions in cattle.
Black Quarter 44 Head of cattle.
H.S. 898 ,,
Rinderpest 3,164 I
Total hsads inoculated
To combat perioclical near famine conditions two grain godowns are
being constructed and paddy and ragi worth over Ks. 13,000 has been
purchased for distribution as Khavti, (Taccavi for Grain) and further
procurements are being made.
The majority of the population engaged in Agriculture are the
Mivasis. Due to the combination of poverty, and ignorance and con-
centration of land in the hands of a few proprietors it has been difficult
to maintain economic stability. It had therefore not been feasible to
make legislation regarding Agricultural and Veterinary Science, but efforts are being directed towards thc other two factors of production
i.e. land and capital to labour.
Ko legislation therefore can bc effective unless the majority can be
affected by this legiçlation and steps towards better bringing about this
- has been taken by the Administration in introducing land reforms and
regulating share of payrnent of produce by tenants to landlords.
Meanwhile the Agricultural Demonstration Farm has been functioning
as a demonstrative centre.
Since Liberatian the Japanese method has been introduced and
fertilizers are made available to agriculturists.
Various grafts and seedlings too have been sold at concession rates.
Improved varieties of cane and secds have been distributed.
Technicalassistance has been given to al1who havesought it. Improved
implements and purnping sets have been lent at nominal rental.
Atternpts have been made at the regulation of traffic in Food Grains
and Eggs and the copies of the Acts are appended.
Under the Veterinary and Live Stock Section, a new dispensary has
been openecl and prophylactic inoculation against Rinderpest has been
carried on, on a large scale. A stockman has been recruited lately.
Ranikhet preventive inoculation in fowls has also been carried out.
Arraiigements are under way, for obtaining Kinderpest Freeze Dried
Vaccine for facilitating inoculation during the fair season.
Grading up of the local cattle has been taken in hand and 6 Dangi bulls
have been purchased and distributed to various centres.
Last yeir's Budget Figures under Agriculture aiid Veterinary and
Live stock lieads, together with income are as under:-
Agriculture Income : Rs. 6,172-7-6
Expenditure as follows
Agricztltz~reExperzditlcre
Overseer & Farrn Labour ............ Ks. 4,276-11-0
Manure .................... ,, ggz-11-0
Combustibles for Engine & Tractor ........ ,, 1,4Sz-ro-G
Seeds & Plants .........*........ .. 163- 7-3
Dead Stock .................. ,, 924- 3-0
hlisc. (Contiiigency) ............... Ks. 219- 0-9
Tech. Assistance tn Pz~blic
. Manure .................... Rs. 2,148-13-0
Crop Protection ................. ,, 331- 0-0
T.A. 1-Ionararia Etc. ................. 99- 0-0
Veterinary Exfielzditzwe
Wages of stable ilaiicls .............. lis. 710- 7-0
T.A. Hon. Etc. ................. ,, 218- 6-0
Purchase of Livc S:»cl; ............. 3,746- 9-9
Poultry .................... ,, 193- 3-0Fodder And Concentrates ............ ,, 730-13-0
Drugs, vaccines, epmts. etc. ........... ,, 2,023- 1-0
Contingencies, Ropes, nails, bruslies ........ ,, 64-139
Disinfectants in Outbreaks ............ ,, 383-1343
Jai Hind.
(Signed) L. S. DA'COSTA,
Agricultural & Veterinary Offices,
Silvassn.
APPENDISLVIII
1
NOTE O'J THE RIGHT AND DISPOSAL OF TREES IN MALKI AREAS OF
NAGAR HAVELI
NO. II2 of 30-9-1955.
According to the Portuguese Land Kules Code, Article 23, al1Teak,
Khair, Tananse, Shishun, Sandal-wood and Mowhra trees belong exclusi-
vely to Govt. Sadra trees cm be given to Maki owners on payment of
As.-/J/- per tree in Northern and Central Zones and As.-le/- in the
Southern Zone. Coppice growth of Sadra and Sadra trees planted by the
Malki owners will be their property.
Al1other growth other than the above will be conceded to the Malki
owners subject to the condition that their exploitation will be on proper
Forest lines. Trees of Mowhra and Umbra can be cut only after as autho-
risation is obtained.
Under Article 24, the Malki owners cari cut ail the trees standing the
area with proper License, if the area is required for cultivation.
The trees cut to clear the land for cultivation could be given to the
owners at a rate fixed by Govt. This rate Ras fixed as follows in 1948-
a) forSadra, Mowhra & Sandal-wood Re. 11-per tree.
,, Khair,Teak, Tananas & Shishun Re. I 181-per tree.
b)
In the year 1950, the then Forest Officer did not agree to the cutting
of Reserved Species in Malki areas since he found that a good deal of
iIIicit trade was carried onand that the fees charged by Govt. were far
too low. He however agreed to give trees on Royalty for Bona-Fide
house-building purposes. His proposa1 was under correspondence till
I9j4 and nothing has been done so far and consequently al1exploitation
in hlalki area is stopped.
Since it is desirable to exploit trees in hfalki areas in order to remove
the mature growth and to encourage good coppice, the following regula-
tions are proposed.
I. Al1tree-growth in hlalki areas with the exception of Teak, Khair,
Nowhra, Shishum, Sandal-wood and original growth of Sadra will be
conceded to the Malki owners free of charge.
2. Under no circumstances the exploitation of Khair and Mowhra will.
be nermitted. However over mature Mowhra trees will be allowed to be
felkd after due inquiry and necessary report Irorn the Range Forest
Officer. 3. The trees mentioned under Rule (1)with the exception of Khair,
Mowhra and Sanclal-wood will be given free to the owners for the repair
of their houses or to builda new one. The quantity required in each case
will be inquired into and reported by the Range Forest Officer. On no
account can timber given for this purpose be utilised for any other
purpose. Thc misuse of this timber will be dealt witk according to laiv.
3. The reserved trees in hlalki areas except Khair and fruit bearing
Nowhra and Sandal-wood will be given to the Malki owners if they are
prepared to yurchase the same on half the market rates on site. This
valuation will be madc by the Range Forest Officer. For this purpose
the applicant sho~ildapply to the R.F.O. and should arrange to take him
to the area by bearing his transport expenses.
j. The rernoval of Teak leaves from Malki areas ~vivib lle permitted at
the rate of $00 leaves per. appIicant for 4 months on a permit rate of
As.-121-. These Ieaves will be given for Bona-Fide domestic and agricul-
turaI use only.
6. Al1applications duly signedshould corne with ownership documents
and in case of heirs the necessary legitimate succession papers would be
produced therewith.
7.The necessary transit passes wilI be issued to the owners of Malkis
on payment of the usual Eecswhich will be earmarked for Adivasi Welfare
Funds as per Rules.
8. As aIrertdy published al1 applications in the Forest Office are free
from Stamp Duty.
g. These rules may kindly be placed before the Panchayat at their
next meeting for their consideration and approval. This office may
kindly be informed early about the decision taken so as to communicate
the same to alI subordinates and concerned parties.
(Signed) B. F. BRITO.
Forest Officer,
Nagar Haveli Liberated Areas Silvassa.
Silvassa.
30-9-1955
Subject :-Govtt. trees in hlki Lands. No. CKL/FOK/Z~ of 1957-
Penalty andremoval fee for cutting-
Head:-Proposais of the Forest Officer N.H. and instructions received
on them in respect of Govtt. trees in the Mrtlki lands and
solicitingorders on the following points.
(1) To levy penalty of Rs. 31- for coppice growth and Rs. 201-
for original growth tn respect of Govtt. trees cut in excess of the
number noted in the licence.
(2) To charge fee on the followiiig basis where the trees for which
licence were issued but which have not been cut.
(i) Ks.21- for coppice growth.
(ii) Rs.$01- for original growth. (3) To cancel al1free grant licences and issue a notice to the effect
that trees covered by last year's licence but not felled should not be
felled penalty for breach should be charged at Ks. 31- for copyice
growth and Ks. 201- for Original growth.
In the Circumstances reported by the Forest Officer, N.H. the council
is pleased to issue the following orders.
2. The proposals made by the Forest Officer N.H. and instructions
received on them are approved.
3. He is requested to intimate the persons concerned in w-riting by
issuing a notice. ,
4. He should levy the renewal fee and penalty as proposed by him and
recover the sarne from the persons concerned and credit it in the treasurÿ.
j. Iricases referred to at para I of his proposal, the penalty should be
recovered from the merchant mho has bought and felled the trees ; and
where recovery is not possible each case should be submitted for orders.
In cases where Adivasi occupiers have themselves cut trees, leniency
should be shown to them.
6. For para 2 of his proposal regarding renewal fee, the amount
already paid for the previous unutilized licence should be adjusted.
7. Statement showing the progress of recovery of renewal fee and
penalty levied and recovered by hirn should be submittedmonthly to the
Administration for information on 5th of the next month.
{SignedlA. FURTADO. (Signed) C. M. BAKOT.
Adminisirator. Advisor,
Nagar Haveli +Administration Silvassa.
The Forest Officer N.H. WICs. for information, guidance and com-
pliance.
Copy to the Treasury Section, for information.
,, ,, ,, Secretarv, Administrative Section for information.
III
SILVASSA:-9-4-1957.
Subject :-Reserved Trees in Jlalki lands, penalties and fees for removal
of excess nurnber of trees found after recounting of thern.
Red:-Memorial dated 20-2-57 and 30-3-57 from the association of
Forest contractors on valuation of excess ~iuinberof trees found
after recounting made as per orders issued under Administra-
tion order No. CNL/FOR/Z~ dated 6-3-1957.
(1)Uiscussion made with the timber contractors assembled on
14-3-1957-
(2) Discussion made with the representatives of the contractors
on 2nd Aprii 1957. . ORDER
In consideration of grivances represented by the Association of the
Forest contractors that the ratesordered for levy ofpenalties and fees
for excess No. of trees are high and not compatible with the prices
received in the market for the malki trees in the area and as a result of
discussion made with the mernbers of the Forest contractor's Association
the orders issued under Administration order No. nil, dated 19-11-1956?
and order No. CNL/FOR/P~ dated 6-3-57 are hereby revised and the
following order iç now issuedin modification of the above orders.
(1) Incases where licenses were issuedbut which have been cut fully
and only licenses are to be renewed for renewal.
A penalty of Rs. 81-should be levied in respect of trees cut in excess
of the number noted in the license found after recounting.
(II)In cases where licenses were issned but number of trees are found
in excess after recounting but where the number of trees are not fully.
Recover Rs. 21-for each tree whether cut or standing for al1trees found
after recounting irrespective of coppice or origi~ial growth but the
amount already paid for the cut trees should be adjusted.
(III) Incaseç where licenses were already issued but the number of
trees noted in the license are found correct after recounting but where
trees are not fully cut.
Recover Rs. 21- for each standing tree but the amount aheady paid
for the standing trees shouldbe adjusted.
(IV) In cases where licenses were issued but trees are not cut at ail.
Recover Rs. 21- for each tree found after recounting i.e. al1 trees
found after recounting are to be charged at Rs. 21- each but amount
already paid should be adjusted.
For renewed of licenses.
Kecover extension fee at12 2% of the amount paid originally for trees
noted in the license.
These orders will have no r~trospective effect and the amounts already
paid for value, penalty or extention fees will not be revised or any
difference refunded.
(Signed) A. FURTADO.
Administrator,
Nagar Haveli Liberated Areas,
Silvassa.
(Signed) G. R. KELKAR.
Forest Officer,
Nagar Haveli Liberated Areas.
FREE AREAS OF DADKA & N.~G.~R-HAV ESLIILVASSA
"Forest Department"
"STAFF"
At the beginning of the year the charge of the Forest Officcr was held
by Shree G. R. Kelkar, Ketired Technical Assistant Working Plans,
60Bombay State upto 3rd April, 1958. There after the charge was with
Shri L. S. D'Costa, Agricultural Officer, Nagar-Haveli upto 24th June
19j8. Shri P. K. Roy, Retired Deputy Conservator of Forests, Bombay
State took over the charge of the Forest Officer on 25th June,1958.
The Forest Officer is assisteby one Range Forest Officer, three Round
Foresters, 5 Round guards and 27 forest beat guards, I Surveyor, four
clerks (One Head clcrk, One Accountant & two Junior clerks) and two
peons. In addition to this there are five temporary eight monthly Depot
Officcrs.
"FOREST"
Forest management is made separate since 1955 A. Preliminary work-
ing plan is made and the forest is divided into II Felling Series. Clear
cutting in 8 Failing Series are prescribed with reservation of sufficient
tree growth on steep sloyes where only markarable species of above 30"
in girth are marked for felling, besides Khair and fruit trees such as
Rloha, Hirda, Koshim, Timru, Mangocs, Chinch Tad etc. are rcserved.
The Forest worked inthe past being irregular and not according to
Silvicultural principle, ten years programme is laid down for carrying
on thinning very early and accordingly in al1rounds extensive thinning
is being carried out to remove congestion and to give sufficient room for
the superior species to develop freciy.
Bamboo Working Plan is prepared on three years rotation and bam-
boos are sold to local people and for trade at a fixed rate on permits.
During the year under report 8 current clear cutting coupes and 3
arear clear cutting coupes were put up for sale. One 'C' class forest i.e.
Kundwa was marked under improvernent felling also was put up for
sale; besides sixteen thinning coupes were marked and put up for sale.
Out of which 8 clear cutting coupes and the Kundwa is sold. Out of the
16 thinning coupes 12 are sold. The total revenue realised by the sale
is Rupees Seven Lacs fortyfive thousand six hundred and eighty one.
The dead barnboos were advertised for sale but no tender was received
and hence is being sold on permit.
Grass in closed coiipes was sold by public auction and a sum of Rs.
38181- was realised. Minor forest produce such as Gums, Chilar bark,
Bones and Mohoti was sold last year by auction and Ks. 30061- was
realised and willbe sold in February 1959 as usual.
Permits for bamboos, Zitas, Awali Leaves for domestic use and for
trade are sold on yermitts at a fixed rate.
In al1 clear felling coupe, rabs were got prepared according to sale
condition by the Contractors. In al1191 acres were planted up with teak,
Sisam, Khair, Ain and Shivan, Planting distance is kept aç 6' apart.
82,130 plants are raised besides nurseries for next year stumps where in
1,5o,ooo teak plants willbe available for stump planting next year.
In last years plantationcoupes two weeding were carried out.Result
of plantation is encouraging and the coppice shoots everywhere in the
clear cutting coupes are very vigourous and pramising. ~ss~-:xns TO REJOIXDER (F NO. 117j
927
"MALKI TREES"
The policy of disposa1 of nlalki trees was finalised during the year and
indiscriminating cutting of trees has been stopped and the following rules
are frarned and are being followed:
Rajalu trees which are not property of the State will be allow to be
cut and removed and following rules are prepared to regulate the cutting
of these trees.
1) On flat land which can ,be developed into Agricultui-al Land al1
-trees except fruit trees will he allowed to he cut on production of certific-
ate from the Agricultural Officer that the land is fto be developed into
rice land.
2) In plots which are yartially on flat ground and partially on slopes
only flat portionwill be marked out and al1trees except fruit trees wiIl
be allowed to be cut therein subject to producation of certificate from
Agricultural Officer.
3) In plots which are wholly on moderate to steey slopcs al1 trees
except fruit trees and which are above 36" in girth will be marked with
chisel numbers by the owner and will be allowed to be cut.
4) Ko fruit trees such as Moha, Jambul, Chich, Tad, Amba or Rajan
will be allowed to cut unless they are barren due to age.
j) Iftlie Iand and tree growth belongs to Adivasi, price of the tree
growth will be fixed by the Forest Officer and amount will have to be
paid to hdivasi in presence of the Forest Officer of Nagar-Haveli.
6) The license for felling will be given only when the applicant will
agree to sel1114 of the resultant material at fixed price Re. 0-8-0 per
Bengali Maund at the fuel Depot at Naroli, Dadra or Khanvel whichever
is near to the area.
"PRIVILEGES OF VILLAGES"
Rightç and privileges of the forest villagers are continuas before.
"~IALI LAKDS"
As giving out of mali lands for cultivation is prejudicial to foreNo.
more mali lands will be given but the old mali lands given out for cul-
tivation continues after renewing their License every year as before.
"TIMBER FOR SCHOOLS"
Timber and bamboos as required by the Education and Public IVorks
Department are given free of charge.
"CAIRNS"
As the boundaries of the Forest are not clearIy demarcated and in
many cases the old pillars and cairns are broken and have fallen down
completely and there being no topograyhical survey of the forest, the
khatedars are encroaching into the forest and hence erection of new
cairns was taken up last year. In al1 7357 cairns were erected at a cost
of Rs. 7,3571-.
(Signed) P. K. Kou,
Sitvassa, Forest Officer
8.r1.1ggS. Silvassa, Dadra and Bagar Haveli.
To the Administrator, Silvassa
(for information). . 1
No. Adrnlc'r~s~) 71282iof57-
Silvassa:7-3-1957.
Subjcct: Delegatzonof Powers
Read: Letter No. 276 dated 24125th January 1957 from the Forest
Officer,N.H. requesting to delegate the Round Officers to give
free grantof IOObamboos and IOcartload of, Zintas to Adivasis
per family for their house annual repairsand compounds.
ORDER
The Council is hereby pleased to empower the Round Officers to make
free grants upto 40 bamboos and two cart loads of Zintns (Branchwood
of Katas bamboos) to Adivasis per family for their genuine house repairs
and compounds after satisfying that the niaterials are to be rised the
purpose for which the free grant is sanctioned. This may be verified
through the Patel.
(Sigfzed)C. bl.RAIIOT.
Adviser,
Nagar Haveli Administration, Silvassa.
(Signeci)A.FURTADO.
Xdministrntor.
Nagar Haveli, Silvassa.
To
The Forest Officer, Nagar Haveli,
for information, guidance, and cornpliance.
LIBERATED AREAS OF DADRA & NAGAR HAVELI
FORESTDEPARTMENT
Privilegesconceded to the inltabitants of Forest VillageC Hill Tribes-
They are as undu:
I.They can remove grass,reeds and dead leaves from the Forest for
rab purposes.
2.They can cut for wood ash manure thethirteen shrubç noted below
in para 6, and also other brushwood of an inferior quality.
3. The villagers can remove for rab, domestic and agricultural yuc-
poses material felled or lopped of less th6" circumference,grassreeds,
leaves etc., and materialof inferior species except bamboos and yalms
from coupes under exploitation. Materirtl leby contractorsin the coupes
is allowedto be removed only after completion of the rabsinthe marked
area. If the coupe of the yeainany block remains unsold, çpecial arran-
gements will be made to provide the above facilities elsewhere under
supervision of the Forest Department.
4. Fallen dead timber and firewood of species other than teak, Tiwas Khair, Sishun, -4in and Sandal-wood can be removed by inhabitalits of
Forest Villages for house consumption only.
j. Uamboos and Karvi may be taken by inhabitants of Forest Villages
within the limits of their Forest Rlock for bonafide local consumption.
6. Thorns can be removed on head-load or cart-load by the people
ofForest Villages for agricultural and domestic purposes. Carts wilI be
allowed to go off the rccognised tracks within a quarter of a mile of the
area of supply in open area but only along recognised tracks in the closed
areas.
For the purpose of this concession the following species of thorns are
allowed to be removed.
i) Bor ii) Gel iii) Ghat bor iv) Gultora v) Kakor vi) Karwand vii)
Murmati viii) Turan ix) Zita (crowns and side branches).
7.(a) The inhabitants of Forest Villages can have the privilege of
removing minor forest produce other than Hirda, Bheda, Tarpal,
Chikakai and their pods, leaves of Apta and Tumri, flowers and seeds of
Mohra.
(6) They can co1lect for domestic use and sale edible tubers and roots,
jungle fruits, fiowers, honey, wax, gum and rnedicinal plants.
(c)They cün !lave for home consumption leaves ofToddy Date Palms.
S. Tlie inhabitants of Forest Villages, can remove for domestic uçe
or for barter leaves of Pallas.
g. To cut, lop and remove material inierior to 6" in girth for wood ash
manure escepting the following species: Teak, shishun, Tiwas, hed, ain,
khair and bibla from the Forest and own RIalki.
IO. They shsll be given material of inferior species gratis during the
season for gui boiling on request.
II. The villagers can have Jungle Wood material gratison production
of a certificate from the Village Patil for agricultural implements.
12. AS per the proviaions ot the Wild Animals & Birds Preservation
Act, no Shikar is permitted to Non-Licence Holders.
13. No stamped paper is necessary for any petitioii directed to this
department.
14. In case of Forest Fires al1 inhabitants of villages forest or non-
forest are bound torender any assistance required to extinguish the fire
under pain of forfeiture of these privileges.
(Signed) B. F.BRITO.
Forest Oficer,
Nagar Haveli Liberated Areas, Silvassa.930 ASS-EYES TO HEJOIXDER (F NO. 117)
(EncloszcrcNo. 2)
The people and the Varishtha Panchayat of Dadra and Nagar Aveli
have clearly and unequivocally affirmed their firm determination of
integrating their territorywithin Indian Union.
On the very day of its inauguration,25th November 1954, the Pan-
chayat, while protesting against celebration of this date of reconquest
of Goa, adopted the following resolution, with applause:
"1. To pledge allegiance and give full support to the new political
regime freed from the Portuguese colonial rule.
To appeal to the staff to serve with equal loyalty and enthusiasm
the new regirne since Liberty is God's greateçtgiftto humanity. To
express ardent liopes that the people of Goa, Daman and Diu will
see in the near future the hoiçting of the Flag of Indian Sovereignty
in their territories.
2. To express to the National Govemment of India their patriotic
. will and fervent desire to integrate these liberated territoriewith
the Indian Union to realize and solidify its inalienable and impres-
criptible territorial anpolitical Unity.
3. To manifest great joy towards the de facto transfer to the
Indian Union of the old French çettlements by peaceful negotiation
by the great Prime Minister of India and by the far-sighted states-
man Mendes France and to congratulate the people of Mahe, Karikal,
Yanam and Pondicherry expressing their profound admiration for
their indomitable resistance in the struggle for liberation."
On 181611955, Azad Dadra and Nagar Aveli Sangathan Samiti,
inaugurating its Constitution, proclaimed that its objective was:
"1st: To promote the integratioaof the Liberated Territories with
the great Republic of the Tndian Union and lend full support to the
struggle for Liberation of Goa, Daman and Diu.
and: To promote an intense nationalist propagaiida for the better
compenetratian of the right to freedom which is, however, already
being understood by the population which was kept in backward
condition, specially the Adivassi population whose condition has
irnproved since Liberation: the Congress must do active work in this
direction.
3rd: To demand an opportune affiliation of this Congress with the
Al1 India Congress."
Soon after Portugal's application to the International Court of Justice
asking for the right of passage to re-subjugate Dadra and Nagar-Aveli,
the people of ihese enclaves met at a large gathering on 15/1/56 at
Silvassa and passed unanimously the following resolution:
The people of Dadra and Nagar Haveli gathered inthis vast meeting
without distinction of class and creed,rocIaim their complete liberation
from the Portuguese colonialization and declare before the UN0 that
the right of liberty is inalienable and imprescriptible.
They declare moreover that it is the duty of Hague Tribunal not
merely to observe the spirit and letter of theUN0 Charter but also take ANNEXES TO REJOINDEK (F NO., 117) 93 1
jnto considcration the wishes of the people of Dadra and Nagar Haveli
represented by their Panchayat against which the fascist Portuguese
Regime seeks to exercise military action.
They emphatically lodge their protest against any act or contract
which may contribute towards the colonial subjugation of the people of
Dadra and Naear Haveli as object and invalid because the material and
moral slavery of a people can never be object of any transaction and the
history of the Portuguese in Asia, in the words ofher own historian has
been the history of piracy.
They further declare that even if the Government of Indian Union
consents to discuss at The Hague the question of her sovereignty such
as of granting of passage to the Portuguese to recolonize Dadra and
Nagar Haveli, the people of these territoriessolemnly swear that they
will resist by al1nieans within their powTerand with every sacrifice any
attempt of the Portuguese to reoccupy these territories ta strangle the
precious fruits which the colonizers denied and which the Liberation has
restored-the sacred Liberation which was obtained by the people
repelling the unjust and inhuman domination of the Portuguese.
Later on, on rg/4/1956, the people of Dadra and Nagrir Aveli, gathered
at Silvassa in a mass meeting, to record itsprotest against the complaint
of Portugalto the International Court at Hague against India, demand-
ing a passage ttirough its territory to re-establish itself in Dadra and
Nagar Aveli, and adopted the following resolution:
"...The people of Dadra and LJagar Aveli gathered in this vast
meeting without distinction of class and creed, proclaim their corn-
plete liberation from the Portuguese coloniâlism and declare before
the U.N.O. that the right of liberty is inalienable and imprescriptible.
They declare, moreover, thatit is the duty of The HagueTribunal
not merely to observe the spirit and letter of the U.N.O. C,harter
but also take into consideration the ~vishesof the people of Dadra
and Nagar-Aveli represented by their Panchayat against which the
fascist Portuguese regime seeks to exercise military action.
They emphatically lodge their protest againct any act or contract
which maycontribute towards the colonial subjugation of the peopIe
of Dadra and Nagar Aveli as abject and invalid. The U.N.O. can not
impose müterial and moral slavery on a free people. The history of
Portuguese in Asia, in the words of her own historian, has been the
history of piracy.
They further declare that even if the Governmeiit of The Indian
Union consents to discuss at The Hague the question of her sover-
eignty such as of granting passage to the Portuguese to re-caianize
Dadra and Nagar Aveli, the people of these Territories solemnly
swear that they will resist by aimeans within their power and with
every sacrifice any attempt of the Portuguese to reoccupy these
territories to strangle the precious fruits which the colonizers denied
and which the Liberation has restored-the sacred Liberation which
was obtained by the people repelling the unjust and inhuman
domination of the Portuguese."
Still another protest of the Panchayat against the inclusion of liberated
territories in the Billof the Political Statute of Portuguese India, in
which it reiterated its decision in favour of integration with India:932 ASNEXES TO RE~OINDEK (P NO. 117)
"The Panchayat of the liberated territories of Dadra and Nagar
Aveli at its meeting of r/g/1g$5 took notice of the fact that the
Dictatorial Governrnent of Dr. Salazar has published the Bill of
Political Statute of Portuguese India, in the Article I of which it is
said :
"Portuguese India integrated in the political union of Portu-
guese Nation comprises the territories of Goa with the islandç
of Angedives, Saint George and Morcegos on the Malabar Coast,
Daman on the coast of Gulf of Cambay with the Territories of
Dadra and Nagar Aveli.
"The Panchayat in fact considers this provision as an insult
because both Portugal and the Territories of Portuguese Iiidia are
governed by different Constitutional Laws: The former, by the
Portuguese Political Constitution and the latter, by the 'Carta
Organica' of the Portuguese Overseas or Colonial Empire.
The Legislation is based more on the past domination and on the
preçumed right of considering as not liberated the territories of
,
Dadra andNagar Aveli, frorn the Colonial tutelage, when it is certain
that these territories were politically freed by their people.
This Panchayat protests against the Article I of the Political
Statute of Portuguese India not only because these territories are
beyond the Portuguese jurisdiction, but also because they anxiously
desired to be integrated with the great mother-land that is India.
The Panchayat decides to forward a copy of this to the Prime
hlinister of Portugal; another one to the Governor General of Goa
. and third one to the Central Government of the Indian Union."
The sanghathan Sarniti adopted the folIowing resolution:
"The Azad Dadra and Nagar-Aveli Sangathana Samiti the first
and only association of free people of the old so-called Portuguese
India, expressing the feelings of the inhabitants of theçe Territories
who in the two years that have passed have seen the benefits of
Liberation by administering their own house, avails of this festive
date to convey to their compatriots in Goa, Daman and Diu the
message that they do not consider complete their legitimate satis-
faction ai the ousting of the foreign rulers, till those rulers are ousted
from the rest of the territories dominated by thern in India and tzll
India covers wzth hsr mantle of protection. AI1the citizens of Dadra
and Nagar AveIi having sufficiently manifested their full loyalty to
India, inspite of the weakness of their strength in comparison with
that of the hatred and savagery of the Portuguese imperialist
intruders who seek to çubjugate with the force of fire-arms the
' birth-right of over 700,000 citizens who consider themselves not
slaves of Portugal but citizens of the Great India and the cradle of
spiritual civilization."
The Panchayat also protested against the deceitfut manoeuvres of
Government of Goa in order to show that the people want to contiiiue
to be under the Portuguese in India and that they are agairist tlieir
own Iiberation.
The Panchayat also passed the follou~ing resolutioii: ANNEXES TO REJOINDER (F NO. 117) 933
"It is learnt that the President of Uni50 Nacional (which is the
-party of the Dictatorship) forwarded to the Governor of Portuguese
India, a memorandum signed by 31,400 persons in which they
declare that they wish to be loyal to Portugal and request the
Government of Portugal to reconsider the Liberrited Territories of
Dadra and Nagar AveIi.
The founder of the Catholic Daity "A Vida" of Margao has
already denounced how the Goans are compelled to sip protest.
against India and statements of loyalty towards Portugal. In fact,
these signatures are obtained from schoo~goingchildren, Governrnent
servants, Municipal staff and hlembers of Unigo Nacional. Besides
it does not stand to reason that a people will ask for its own slavery,
at the time of its liberation. Even taking for granted that 31,400
people did sign the statement, that number represented nothing as
compared withmore than fivelakhs of population which is completely
deprived of most elementary civil liberties and under the absolute
police rule.
The Uni50 Nacional which is the off-spring of colonial tyranny
has no right to intervene or to disturb by itseif or throughinter-
mediaries the interna1 autonomy of the liberated territories of
Dadra and Nagar Aveli, as it is the right of the People and of the
Wuman and Uivine Law and of the U.N.O. Charter that every
People should govern their own destinies.
The Panchayat of Nagar Aveli, holding this extraordinary session,
records its vigorous protest against the treacherous and base methods
of Uni20 Nacional, to keep the people of Goa in bondage at the time
when the right of liberationof the people of Portuguese India is
better asserted and to this end it recommends peaceful negotiations
with the Government of the Indian Union."
Another resolution of the Panchayat dated 19/4/1956 runs as fol10ws:-
"The Panchayat ardently desires that the people of Liberated
Territory from the tyrannical yoke of the Portuguese colonial
Government be integratcd in the democratic regime of India,
consolidating its political and geographical unity which is eternal
and indissoluble."
Finally, on 14th April 1957 ,n an impreçsive protest demonstration,
the entire population of Dadra and Nagar Aveli resolved to repudiate in
these terms any decision of The Hague Court which may have been taken
without consulting the people of these territories oritsPanchayat :
"1. After the Portuguese Government referred its cornplaint to
Hague Court asking for free passage through the territory of india
to reoccupy Dadra and Nagar Aveli the people of these territories
declared that any verdict of tlie Court of Hague on this point would
be irrelevant and null, becauçe neither the people of these liberated
territories, nor their representative body-Pachayat-or their.de
factoGovernment were heard and convinced about this litigation
arisen among the third parties: Portugal on one side and India on
the other.
2. The present de factoGovernment of Dadra and Nagar Aveli is
as respectable as the Government of Portuguese Dictatorship. The
two Governmeiits arose out of the Revolution. And just as the preserit Portuguese Government demolished by a coup d'état the
democratic Government of Portuguese Constitutional Republic, so
the people of Uadra and Nagar Aveli destroyed the foreign Portu-
guese domination and constituted their own democratic Administra-
tion which in the short period of less than two years did more for
religion than the Portuguese Government did not do in about two
centuries' rule. Further more, the Portuguese Government was
was established in India by conquest and such a Government can
never bc a legitimate Government but a de facto Government,
because, otherwise, the basis of right would be conquest or violence
' and there would not exist fundamental, inalienable and non-trans-
ferable rights of the peoples.
3. The people of Dadra aiid Nagar Aveli and their Varishtha
Panchayat, the people's Congress of the liberated territories of
Dadra and Nagar Aveli-expressed several times to the Government
of India their desire for iritegration with the Indian Union. The
lack of fulfilment of this desire by the Government of India renders
the people politically isolated from the rest of India.
It therefore demands that this integration be made or the juridical
and political identity of the present Administration of these libera-
ted territories be recognized.
4. If the Court at Hague rejects the pretention of Portugal,
then that Court will have only observed in spirit theU.N.O. Charter
which lays down the pririciple "to respect the fundamental rights
and liberties of man" and "to recognize the political aspirations of
colonial or nonautonomous peopies and assist them in the progressive
development of their free political institutions".
5. If the Court at Hague, without considering a new political
situation of these territories grants to the Portuguese Government
(which denies to the progressive liberation of its colonial peoples)
the passage for its troops to reoccupy these liberated territories,in
that case tlie last course open to the people is to exercise the right of
resistance to new oppression, either by organising its defence or by
asking India for Military Aid in order to prevent the erstwhile
aggressor of the Indian Territory from re-entrenching himself on its
soil, to the detriment of human freedom and its imprescriptible and
inalienable right of self-determination."
In order to re-assert its loyalty, the entire meeting proceeding to
Gandhi Park and took a solemn pledge before the image of the Father
of the Nation :
"The liberated people of Dadra and Nagar A veli gathered today
in a mass meeting in Silvassa to protest against the Portuguese
colonialist pretension to redominate these Territories, solemnly
pledge before the statute of the Father of the Indian Nation their
fidelity to the Indian Flag and their firm decision to prevent at any
cost the reestablishment of the Portuguese colonial oppression
over these territories."
During the celebrations of zznd JuIy and and August 1957 Sarpanch
Mr. Chowbal asked the wholc audience whether they would like the
Portuguese to corne back. The dole meeting immediately rose and ina thunderous shout declared, "No more Portuguese. Azad Dadra Zinda
Bad!" The same scene occurred in Silvassa where the crowd with raised
hands protested: "No, we donot want the Portuguese".
This repeated request for integration with Indian Union not only on
the part of inhabitants of Dadra and Nagar Aveli, but even from al1
Goan Parties which fight for liberation,cannot for long be ignored by
the Government of India.
The Administrator,
(Signed)A. FURTADO.
Seal.
Silvassa Sl1z158. -4SSEXES TO RESOINDER (F NO. 118)
Annex F. No.1x8
COMMUNIQU ISSUED BI' THE MINISTER OF FOREIGN AFFAIRS
PORTUGA OLN THE 3RD JULY, 1934
In connection tvititha note from the Ministry of External Affairs of the
lndian Union addressed to the Legation of Portugal at New Deilii on
the 26th June, 1954, protesting against the arrcst of zo Portuguese
nationals in Goa, on June 18th 1954 to which mention waç made by the
Indian press on the 27th of the said month.
I.It is true that the Ministry of Esternal hffairs of the Indian Union
presented on the 26th June a note addressed to the Legation of Portugal
in New Delhi, protesting in vivid terms against the repressive measures
taken in the Portuguese territories in India "Against Goans whose"only"
crime is that they have the courage and the patriotism (sic) todeclare
openly their feeling for merger with India". Twenty perçons would have
been arrested in several parts of those territories on the 18th June which
has been chosen to celebrate the 8th anniversary of the beginning of the
campaign for the purpose of provoking that annexation.
2.As the Portuguese Government declared in due time, clearly and
incisively, activities witli the aim of encouraging the annexation of
Portuguese territories to other states are illegal and constitute crime
under our juridical order. When such activities take placin national
territory and, moreover, when they are carried out by Portuguese citizens,
theyare exclusively a matter for the cornpetenceof thePortuguese authorities.
In such matters, any interve~tion of joreign countries is iizadmissibie. The
protest calznot,therejore,be considered.
It may be recalled, however, that this is the doctrine, explicitly
recognized and affirmed by the Prime Minister of India Union,Jlr.Nehrii,
on the ~3rd February of this year. And it will not be without interest to
point out that two days after the delivery of Note under reference the
same Prime Iblinister signed with the Kepresentative of another Power
an international communique in which they reaffirmed, among others,
the principles of mutual respect for territorial integrity and sovereigiity,
and non intervention in each other's interna1 affairs and proclaimed at
the same time that these principles should be applied to the relations
with other countries in Asia as well as in other parts of the World.
"If these principles are applied, not only between various countries
but also international relationgenerally, the17would form a solid found-
ation for peace and security and the fears and apprehensions that exist
today would give place to a feelingof confidence."
These were the words with which the statement of these principles
was accompanied.
It is, indeed, an impossible doctrine.
3. Ttshould be emphasized that the cases of tendentious and provoked
demonstrations which took place in Goa, in order to exploit the said
8th anniversary, though they caused some arrests and investigations
which are going on within stricklegality and with the application of the
proper juvidical means, have now, on the other hand,no more significance
than this: One dozen and a half cases, accordinto the allegations of the
Tndian note, in a population of 600,ooo persons. ANNEXES TO REJOINDER (F NO. 119)
Annex F. No.119
r. EditoriaE-"The Hindzc" Madras, 1st JuEy, 1954
Goa
Though it is India's irrevocable stand that the small colonial possessions
of two European Powers in India should revert to the Mother-country
our Government have refrained from taking any unilateral action in
this behalf. They have been content to let the voice of the people of
thesc settlements speak for themselves in favour of reunion. And they
have been hoping to bring about the change in a peaccful rnanner by
friendly negotiations with their foreign rulers. At the same time the
Government of India have scrupulously refrained from trying to interfcre
in the interna1 affairs of the local administrations. They have, however,
,been constrained, from time to time to point out the futility of tliese
foreign Governmcnts trying to whip up, by questionahle methods, some
kind of a couiiterblast the popular movements in the Settlements. The
consequence of not heeding these warnings is now being experienced in
the French Establishments, where the nationalist movement has corne
out in the open and has successfully challenged foreign aiithority over
a wide area of its jurisdiction. But this has had no lessons for Portugal.
This is not surprising because unlike France, the Portuguese Government
have riot even conceded in principle that Goa is part of India or even
that Goans are Indians. TIiey have claimed that, besides their sacred
right to hold these territories foral1 time, the Goans themselves have
not expressed any desire to join the Indian Union. They have, of course,
seen to it that the true voice of the people is kept muzzled, through the
complete denial of freedom of speech, the imposition of rigid censorsfiip
and by the various other devices of repression well-known among the
Colonial Powers. This has naturally entailed severe sentences of im-
prisonment and worse for those who have had the temerity to stand up
for their birthright.The hardships suffered by increasing numbers of
Goan nationalists ane having repercussions in the adjoining Indian
territory where the people are agitated over the fate of their kith and
kin across the border.
In recent months Portugal has made the situation worse by importing
large numbers of white arid coloured troops, obviously to over-awe the
population. Matters apparently reached a climax oii the 18th of June
last when there was a spontaneous aricl wide-spread demonstration of
the popular dernand for merger with India. This has been followed by a
double dose of repression by the Administration. Reports speak of
whole-sale arrests, house-scarcheç and even beatings in jail for extorting
confessions. The çeriousness of the situation can be gauged frorn the
fact that the Government of India have fielt compelled to iodgea strong
protest with the Portuguese Legation in New Delhi against the launching
of this fresh wave of repression. The Portuguese authorities have been
squarely told that India cannot continue to rernain a silent spectator
to the coiitinuance of this repressive policy. They have also been in-
formed tilat unless positive steps are taken towards a more realistic
policy in kecping lvith the historical changes that have taken place the
responsibility for the consequerices will reçt with the Portuguese Govern-ment. Tt is doubtful ifthis grave warning will induce Portugal to stay
its hand. But the Government of India caniiot wait on events in dischar-
ging their own responsibility in the.matter. Feelings are running high
among the considerable Goan population in Bombay. It is therefore
right and proper that their External Affairs Secretary should hasten
to Bombay to confer with the State's Chief Minister. AX-IEXES TO REJOINDER (F NO. 119)
(2)
Bombay Chronicle14h August 1954
NEHRU ASKS GOANS TO BE NON-VIOLENT
TALK SF FREEDOM IN ADDRESS TO EDITORS
He saidhewouldadvisetheGoans tu seek peacefzand mon-violentmeans
and notto encowagesensationalism. It was more so, he said, becausethe
other $arty was afiflarently preparefor violence.
He said: "1have no doubt there can be one ultiniateresuit in regard
to Goa, and that is:Goa wiIi have to merge with-India.
Ever sensible person in any part of the world redises this. But the
only di&culty is that some people think in terrns of hundred, two hundred
and four hundred years ago, not being able to catch up to what is
happening in India or Asia.
"But 1 do want to lay stress on this question of non-violence. Tt is
not merely a question of absence of violence. It isa way ofthinking ;
it isa way of approach."
He said in interna1 relations, communal relations, "we must express
this mental approach, non-violent peaceful approach of integration; and
1 am convinced that in our international relations aiswe should do
that even though the other party appears to be irritating."
"In the present little storm antea-pot inGoa affair, we should advise
Our people to stick to non-violence and they must not give cause for
violence from the other side." ,940 ASNEXES TO REJOINDER (F XO. 120)
Annex F. No. 120
EXTRAIT DU rLIVREORANGE 1)NÉERLBNDAIS PUBLIÉ EN TRADUCTION
PAR L'IMPRIMERI NEATIONrlLE ALA HAYE (SEPTEMBRE 1916 ET INTITULÉ:
1RECUEIL DE DIVERSES CO~IMUNICATIONS DU AIINISTRE DES AFFAIRES
'TRANGÈRES AUX ETATS-GÉNÉRAU PAR RAPPORT A LA NEUTRALITÉ DES
' PAYS-BAS ET AU RESPECT DU DROIT DES GENS II(p.168 -8~~70).'
Vers la fin de l'ann191j le Gouvernement Néerlandais apprit qu'une
station de télégraphie sans fil avait été installée dans une partie du
territoire belge, commune de BaarIe-Duc, entièrement enclavée dans le
territoire néerlandais.
Le Gouvernement n'a pas négligéd'examiner quelles mesures il était
obligéde prendre pour le maintien d'une stricte neutralité relativement au
nouvel état de choses crééclece fait. Il conclut quyavait lieu de veiller
à ce qiie des marchandises pouvant êtreutiles au fonctionnement de la
station ne fussent pas transportées du territoire iiéerlandais dans I'en-
clave en question. En effet la présence de cette station radio-télégraphi-
que en cet endroit fait de cette enclave une base d'opérations des forces
belligérantes belges et il serait contrairA l'observation d'une stricte
neutralité de tolérer l'utilisation du territoire néerlandapour l'envoi
des produits nécessairesà son fonctionnement à une pareille base d'opé-
rations de l'une des parties belligérantes que le territoire néerlandais
protège de tous côtéscontre une agression de la partie adverse.
Par contre la responsabilité du Gouvernement Néerlandais n'est
iiullement engagée par le fait méme du fonctionnement d'une station
radio-télégraphique dans cette enclave, attendu que cette enclave est
territoire belge.
Pour réaliser le principe établi ci-dessus par le Gouvernement, I'auto-
rité militaire a fait entourer l'enclave en question d'un réseau dfide
fer, dressé sur le territoire néerlandais, et il aédicte une défensede
transporter des Pays-Bas au territoire situé en dedans de la zone ainsi
délimitée n'importe quel produit pouvant êtreutile à la station radio-
télégraphique.
Cette clôture permet en mêmetemps d'exercer une surveillance sur les
personnes qui se rendent & ladite base d'opérations ou, inversement, la
quittent. Ces personnes doivent passer par un poste militaire néerlandais
où il est fait une enquêteau sujet de leur identité et où l'on contrôle
également si elles ne transportent pas des objets de contrebande.
En rapport avec ceci il importe de remarquer que, outre la défense
spécialement en vigueur poiir Baarle-Duc de transporter en cet endroit
des objets utilisables par une station radio-télégraphique, les rPgles
généfalesen vigueur aux Pays-Bas concernant l'exportation sont aussi
applicables à l'exportation des Pays-Ras à Baarle-Duc. A la suite tant
de ces défenses d'exportation que de la mesure spéciale prise en ce qui
concerne Baarle-Duc se sont élevéesquelques difficultés à propos du
ravitaillement de Baarle-Duc en vivres et en autres objets nécessaires.
Depuis lors cependant une réglementation a étéorganisée qui donne
toute satisfaction; une commission, dans laquelle siègent à côté de
fonctionnaires néerlandais des fonctionnaires belges, juge les demandes
d'importation qui lui sont adresséeset détermine dc quels objets et de ASMEXES TO REJOINDER (F NO. 120) 94l
quelles quantités l'importation est nécessaire: l'exportation des Pays-Bas
de ces objets est dès lors autorisée.
Par uiic note du18 avril dernier, le Jlinistre de Belgique a introduit une
plainte baséesur ce que 12 caisses de pétrole expédiéesd'Angleterre et
adressiies au maire de Baarle-Duc étaient retenues à la frontière néerlan-
daise.
Dans une note verbale du 6 juin dernier le Gouvernement Néerlandais
a trouvé l'occasion d'exposer au Gouvernement Belge sa manière de voir
relativement à la station radio-télégraphique de Raarle-Duc et notam-
ment la défensede transporter dans cctte enclave des produits destinés
à cette station. '
Cette note verbale du 6 juin dernier est reproduite ci-dessous.
!VoteVerbale.
Au mois d'octobre 19x5 le Gouvernement Belge ainstallé une station
radio-télégraphique dans une partie du territoire belge (commune de
Baarle-Duc) enclavkc dans leterritoi~e néerlandais..
La deuxième Conférence dela Haye a reconnu l'importance de pareille
statioii au point dvue militaire. Elle en a interdit dans les Conventions
V et XII1 l'installation, par un belligérant, en territoire neutre. L'article
5 de cette dernière Convention précise que l'endroit où se trouve une
station radio-télégraphique exploitée par un belligérant revêt par 1à-
mêmele caractère d'une base d'opérations militaires.
Par l'installation de la station radio-télégraphique l'enclave de Baarle-
Duc est donc devenue une base d'opérations du Goilvernement Belge.
Dans l'opinion du Gouvernement Néerlandais le maintien d'une stricte
neutralité l'oblige à veiIler à ce que le territoire néerlandais neserve en
aucune manière à favoriser l'utilisation d'une base d'opérations del'une
des parties belligérantes que le territoire néerlandais protège de tous
cotéscontre une agression de la partie adverse.
Par consiiquent il loi incombe d'empêcher l'envoi à cette base d'opé-
rations de tout ce qui peut étreutile iila station radio-télégraphique.
Conformément à ce qui précèdele Gouvernement Néerlandais à son
regret ne se voit pas à mêmede consentir à ce que les douze caisses de
pétrole adressées au bourgmestre de Baarle-Duc et qui se trouvent à la
gare de Baarle-Nassau (frontière) soient remises au destinataire.
Ln Haye, le 6 Juin 1916.
1 certify that these Annexes are either an exact copy
or a faithful translation of the relevant originds.
(Signedj JOHN ALOYSIUS THIVY,
Agent of the Government of India. DISTRIBUTEURSDES PUBLICATIONS DE LA COUR
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annexes