(1) If a vacancy occurs in the officeof 1 [member] of the executive council of the Governor-General 2 [(otherthan the. Commander-in-Chief)], or a member of the executive council of agovernor, and there is no 3 [***] successor present on the spot, theGovernor-General in Council, or governor in council, as the case may be, shall supply the vacancy byappointing a temporary member of council.
(2)Until a successor arrives the person so appointed shall hold and execute the office to which he has be'enappointed, and shall have andmay exercise, all the rights and powers thereof, and shall be entitled to receive the emoluments and advantagesappertaining to the office, foregoing all emoluments advantages to which he wasentitled at the time of his being appointed to that office.
(3) If4 [amember] of the executive council of the Governor-General 5 [(otherthan the Commander-in-Chief)], or any member of the executive council of agovernor is, by infirmity or otherwise,rendered incapable of acting or of attending to act as such, or is absent onleave, 6 [or, special duty] 7 [***] the Governor-Generalin Council or governor in council, as the case may be, shall appoint some person to be a temporary member of council.
(4) Until the return to duty of the memberso incapable or absent, the person 8 [**] temporarily appointed shall hold and execute the office towhich he has been appointed, and shallhave and may exercise all the rights and powers thereof, and shall be entitled to receive half thesalary of the member of council whose place he fills, and also half the salaryof any other office which he mayhold, if he hold any such office, the remaining half of such last-named salarybeing at the disposal of the Governor-General in Council or governor in,council as the case may be.
(5)Provided as follows:--
(a) no person maybe appointed a temporary member of council who might not have been appointed 9 [***]to fill the vacancy supplied by the temporary appointment; and
(b) if the Secretary of State informs the Governor-General that it is notthe intention of His Majesty tofill a vacancy in the Governor-General's executive council, no temporaryappointment may be made under this section to fill the vacancy, and if any suchtemporary appointment has been made before the date of the receipt of theinformation by the Governor-General, the tenure of the person temporarilyappointed shall cease from thatdate.
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1. These words were substituted for the words "an ordinary member" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).
2. These words were inserted by Part II ofSch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).
3. The words ''conditional or than"were omitted by Part III of Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).
4. These words were substituted for the words "any ordinary member" by Part II of Part II of Sch. II of the Government of IndiaAct, 1919 (9&10 Geo. 5 Ch. 101).
5. These wereinserted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).
6. These words were inserted by Sch. I ofthe Government of India (Amendment) Act. 1916(6&7 Geo 5. Ch. 37).
7. Certain words were omitted by Part IIIof Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
8. The words "conditionally or"were omitted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).
9. '' The words under this Act" were omittedby Part II of Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).