Government of India Act, 1858 [Repealed] Repealing Act 1 - Bare Act |
| State | Central Government |
| Year | 1858 |
| Section Title | Government of India Act, 1915-1919 |
GOVERNMENT OF INDIA ACT, 1915-191
Preamble2
An Act to consolidate enactments relating to the government of India.
whereas it is the declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the empire:
AND WHEREAS progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substantial steps in this direction should now be taken:
AND WHEREAS the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples:
AND WHEREAS the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence con be reposed in their sense of responsibility:
AND WHEREAS concurrently with the gradual development of self-governing institutions in the provinces of India it is expedient to give to those provinces in provincial matters the largest measure of independence of the Government of India, which is compatible with the due discharge by the latter of its own responsibilities:
BE it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com mons, in this present Parliament assembled, and by the authority of the same, as follows:--
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1. The principal Act was the Government of India Act, 1915 (5 & 6 Geo. 5. Chapter. 61). It was amended by the Government of India Act, 1916 (6 & 7 Geo. 5, Chapter. 37) and Government of India Act, 1919 (9 & 10 Geo. 5, Chapter. 101). The present text is that of the principal Act as amended in 1916 and 1919.
2. These words were inserted by Part II of Schedule. II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter. 181).
PART I. HOME GOVERNMENT
1. Government of India by the Crown
The Crown
The territories for the time being vested inHis Majesty in India aregoverned by and in the name of HisMajesty the King Emperor of India, and all rights which, if the Governmentof India Act, 1858, had not been passed,might have been exercised by the East India Company in relation, to anyterritories, may be exercised by and in the name ofHis Majesty as rightsincidental to the government of India.
2. The Secretary of State
The Secretary of State
(1) Subject to the provisions of this Act, the Secretary of State has and performs all such or the like powers and duties relating to the government or revenues of India, and has all such or the like powers over all officers appointed or continued under this Act, as, if the Government of India Act, 1858, had not been passed, might or should have been exercised or performed by the East India Company, or by the Court of Directors of Court of Proprietors of that Company, either alone or by the direction or with the sanction or approbation of the Commissioners for the Affairs of India, in relation to that government or those revenues and the officers and servants of that Company, and also all such powers as might have been exercised by the said Commissioners alone.
(2) In particular, the Secretary of State may, subject to the provisions of this Act [or rules made thereunder], superintend, direct and control all acts, operations and concerns which relate to the government or revenues of India, and all grants of salaries, gratuities and allowances, and all other payments and charges, out of or on the revenues of India.
1 [(3) The salary of the Secretary of State shall be paid out of moneys provided by Parliament, and the salaries of his under-secretaries and any other expenses of his department may be paid out of the revenues of India or out of moneys provided by Parliament.]
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1. This sub-section was substituted by Part II of Schedule. of the Government of India Act, 1919 (9&10 Geo. 5, Chapter. 101).
3 to 10. The Council of India
3. The Council of India
(1) The Council of India shall consist of such number of members, not less than 1 [eight] and not more than 1 [twelve], as the Secretary of State may determine:
2 [Provided that the Council as constituted at the time of the passing of the Government of India Act, 1919, shall not be affected by this provision, but no fresh appointment or re-appointment thereto shall be made in excess of the maximum prescribed by this provision.]
(2) The right of filling any vacancy in the Council shall be vested in the Secretary of State.
(3) Unless at the time of an appointment to fill a vacancy in the Council 3 [one-half] of the then existing members of the Council are persons who have served or resided in [*] 4 India for at least ten years, and have not last left [*] 5 India more than five years before the date of their appointment, the person appointed to fill the vacancy must be so qualified.
(4) Every member of the Council shall hold office, except as by this section provided, for a term of 6 [five] years:
7 [Provided that the tenure of office of any person who is a member of the Council at the time of the passing of the Government of India Act, 1919, shall be the same as though that Act had not been passed.]
(5) The Secretary of State may, for special reasons of public advantage, re-appoint for a further term of five years any member of the Council whose term of office has expired. In any such case the reasons for the re-appointment shall be set forth in a minute signed by the Secretary of State and laid before both Houses of Parliament. Save as aforesaid, a member of the Council shall not be capable of re-appointment.
(6) Any member of the Council may, by writing signed by him, resign his office. The instrument of resignation shall be recorded in the minutes of the Council.
(7) Any member of the Council may be removed by His Majesty from his office on an address of both Houses of Parliament.
8 [(8) There shall be paid to each member of the Council of India the annual salary of twelve hundred pounds:
Provided that any member of the Council who was at the time of his appointment domiciled in India shall receive, in addition to the salary hereby provided, an annual subsistence allowance of six hundred pounds.
Such salaries and allowances may be paid out of the revenues of India or out of moneys provided by Parliament.
(9) Notwithstanding anything, in any Act or rule, where any person in the service of the Crown in India is appointed a member of the Council before the completion of the period of such service required to entitle him to a pension or annuity, his service as such member shall, for the purpose of any pension or annuity which would have been payable to him on completion of such period be reckoned as service under the Crown in India whilst reckoned as service under the Crown in India whilst resident in India.]
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1. The words "eight" and "twelve" were substituted for the words ' ten" and "fourteen" respectively by Part II of Schedule of the Government of India Act, 1919 (9&10 Geo. 5, Chapter 101).
2. This proviso was added by Part II of Schedule of the Government of India Act, 1919 (9&10 Geo. 5, Chapter 101).
3. The word "one-half" was substituted for the word "nine" by Part II of Sch. of the Government of India Act, 1919 (9&10 Geo. 5, Chapter 101).
4. The word "British" was omitted by Part II of Schedule of the Government of India Act, 1919 (9&10 Geo. 5, Chapter 101).
5. The word "British" was omitted by Schedule I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Chapter 37).
6. The word "five" was substituted for 'seven" by Part II of Schedule II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter. 101.).
7. This proviso was inserted by Part II of Schedule II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter. 101.).
8. Sub-sections (8) & (9) of section 3 were substituted for old sub-section (8) by Part II of Schedule II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter. 101).
4. Seat in Council disqualification for Parliament
No member of the Council ofIndia shall be capable of sitting or voting inParliament.
5. Duties of Council
The Council of India shall, under thedirection of the Secretary of State, and subjectto the provisions of this Act, conduct the business transacted in the UnitedKingdom in relation to the government of India and the correspondence withIndia.
* * * 1
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1. The remaining words were omitted byPart II of Sch. II of the Government of India Act, 1919(9&10 Geo. 5,Ch. 101).
6. Powers of Councel
(1) All powers required to be exercised by the Secretary of State in Council, and all powers of the Council at which 1 [such number of members are present as may be prescribed by general directions of the Secretary of State].
(2) The Council may act notwithstanding any vacancy in their number.
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1. These words were substituted for "not less than five members are present" by Part II of Schedule. II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter. 101).
7. President and vice-president of Councel
(1) The Secretary ofState shall be the president of the Council of India,with power to vote. (2) The Secretary ofState in Council may appoint any memberof the Council to be vice-president thereof, and the Secretary of State may atany time remove any person so appointed. (3)At every meeting of the Councilthe Secretary of State, or, in his absence, thevice-president, if present, or in the absence of both of them, one of themembers of the Council, chosen by the memberspresent at the meeting, shall preside.
8. Meetings of Council
Meetings of the Council of India shall be convened and held as and when the Secretary of State directs, but one such meeting at least shall be held in every 1 [month].
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1. The-word "month" was substituted for the word "week" by Part II of Schedule. II of the Government of India Act, 1919 (9&10 Geo. 5. chapter. 101).
9. Procedure at meetings
(1) At anymeeting of the Council of India at which the Secretary of State ispresent, if there is a difference of opinion on any question, except a questionwith respect to which a majority of votes at ameeting is by this Act declared to be necessary, the determination of theSecretary of State shall be final.
(2) In case of anequality of votes at any meeting of the Council,the person presiding at the meetingshall have a second or casting vote.
(3) All acts done at ameeting of the Council in the absence of Secretory of Stateshall require the approval in writing of the Secretary of State.
(4) In case ofdifference of opinion on any question decided at ameeting of the Council, the Secretary of State may require thathis opinion and the reasons for it be entered in the minutes of theproceedings, and any member of the Council,who has been present at the meeting, may requirethat his opinion, and any reasons for it that he hasstated at the meeting be also enteredin like manner.
10. Committees of Council and business
The Secretary of State may constitute committees of the Council of India for the more convenient transaction of business, and direct what departments of business are to be under those committees resptctively, and generally direct the manner in which 1 [the business of the Secretary of State in Council or the Council of India shall be transacted, and any order 'made or act done in accordance with such direction shall, subject to the provisions of this Act, be treated as being an order of the Secretary of State in Council.]
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1. These words were substituted for all business of the Council or Committees thereof is to be transacted" by Part II of Schedule. II of the Government of India Act, 1919 (9&10 Geo. 5. Gh. 101).
11 to 16. Orders and Communications
1 [11. Correspondence between Secretary of State and India
Subject to the provisions of this Act, the procedure for the sending of orders and communications to India and in general for correspondence between the Secretary of State and the Governor-General in Council or any local government shall be such as maybe prescribed 'by order of the Secretary of State in Council.]
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1. Section 11 was substituted for old sections 11 to 14 by Part I of Part II of Schedule II of the Government of India Act, 1919 (9&10 Geo. 5. Gh. 101).
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1. Section 11 was substituted for old sections 11 to 14 by Part I of Schedule II of the Government of India Act, 1919 (9&10;Geo. 5, Chapter 101).
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1. Section 11 was substituted for old sections 11 to 14 by Part I of Schedule II of the Government of India Act, 1919 (9&10;Geo. 5, Chapter. 101).
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1. Section 11 was substituted for old sections 11 to 14 by Part I of Schedule II of the Government of India Act, 1919 (9&10;Geo. 5, Chapter 101).
15. Communication to Parliament as to orders for commencing hostilities
When any order is sent to Indiadirecting the actual commencement of hostilities byHis Majesty's forces inIndia, the fact of the order having been sentshall, unless the order has in themeantime been revoked or suspended, be communicated to both Houses ofParliament within three months after the sending of theorder or, if Parliament is not sitting at the expiration of those threemonths, then within one month after the next meetingof Parliament.
16. [Omitted]
[Correspondence by Governor-General with Secretary of State.] Omitted by Part III of Schedule. II of 9 & 10 Geo, 5, Chapter. 101.
17 to 18. Establishment of Secretary of State
17. Establishment of Secretary of State
(1) No addition may bemade to establishment of the Secretary of State in Council, nor to the salariesof the persons on that establishment, except by anOrder of HisMajesty in Council, to be laid before both Houses of Par1iamentwithin fourteen days after the making thereof, or, if Parliament is not thensitting, then within fourteen days after the next meetingof Parliament.
(2) The rules made byHis Majesty for examinations,certificates, pro bation or other tests offitness, in relation to appointments to junior situations in the civil service,shall apply to such appointments on the said establish ment.
(3) The Secretary ofState in Council may, subject to the foregoingprovisions of this section, make all appointments to and promotions in the saidestablishment, and may remove any officer or servant belonging to theestablishment.
18. Pensions and gratuities
His Majestymay, by warrant under the Royal Sign Manual, countersigned by the Chancellor ofthe Exchequer, grant to any secretary, officer or servant appointed on theestablishment of the Secretary of State in Council, such compensation,superannuation or retiring allowance, or to hislegal personal representative such gratuity, as may respectively be granted topersons on the establishment of a Secretary of State, or to the personal representativesof such persons, under the laws for the time being in force concerningsuperannuations and other allowances topersons having held civil offices in the public service or to personalrepresentatives of such persons.
Military Appointments
1 [19 Military appointments
* * * * In the appointment of officers to His Majesty's army the same provision as heretofore, or equal provision, shall be made for the appointment of sons of persons who have served in India in the military or civil service of the Crown or of the East India Company.
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1. Certain words were omitted by Part II of Schedule of the Government of India Act 191 (9&10 Geo. 5, Chapter. 101).
Relaxation of Control of Secretary of State
1 [19A. Relaxation of control of Secretary of State
The Secretary of State in Council may, notwithstanding anything in this Act, by rule regulate and restrict the exercise of the powers of superintendence, direction and control, vested in the. Secretary of State and the Secretary"of State in Council by this Act; or otherwise, in such manner as may appear necessary or expedient in order to give effect to the purpose of the Government of India Act, 1919.
Before any rules are made under this section relating to subjects other than transferred subjects, (he rules proposed to he made shall be laid in draft before both Houses of Parliament, and such rules shall not be made unless both Houses by resolution approve the draft cither without modification or addition, or with modifications or additions to which both Houses agree, but upon such approval being given the Secretary of State in Council may make such rules in the form in which they have been approved, and such rules on being so made shall he of full force and effect.
Any rules relating to transferred subjects made under this section shall be laid before both Houses of Parliament as soon as may be after they are made, and if an address is presented to His Majesty by either House of Parliament within the next thirty days on which that House has sat after the rules are laid before it praying that the rules or any of them may be annulled, His majesty in Council may annul the rules or any of them, and those rules shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder.]
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1. Section 19A was inserted by Part I of Schedule II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter. 101).
PART II. THE REVENUES OF INDIA
20. Application of revenues
(1) The revenuesof India shall be receivedfor and in the name of His Majesty, and shall, subject to theprovisions of this act, be applied for the purposes of the government of Indiaalone.
(2) There shall be charged on the revenues of Indiaalone--
(a) all the debts of the East India Company; and
(b) all sums of money, costs, charges and expenses which, if theGovernment of India Act, 1858, had not beenpassed, would have been payable by the East India Company out of the revenuesof India in respect of any treaties, covenants, contracts, grants orliabilities existing at the commencemtnt of that Act; and
(c) all expenses, debts and liabilities lawfully contracted andincurred on account of the government of India; and
(d) all payments under this Act [except so far as is otherwise provided this Act].
(3) Theexpression "the revenues of India" in this Act shall include fill the territorial and other revenues of or arising in British India, and, in particular,--
(i) all tributes andotherpayments in respect of any territories which would have been receivable by orin the name of the East India Company if the Government of India Act, 1858, had not been passed ; and
(ii) all fines and penalties incurred by the sentence or order of any court of justice in British India, and all forfeitures forcrimes of any movable or immovable property in British India; and
(iii) all movable or immovable property in British India escheating or lapsing forwant of an heir or successor, and all property in British India devolving as bona vacantiafor want of a rightful owner.
(4) All propertyvested in, or arising or accruing from property or rights vested in, His Majesty under the Government of India Act, 1858, or this Act, or to be received or disposed of by the Secretary ofState in Council under this Act, shall be applied in aid of the revenues of India,
21. Control of Secretary of State over expenditure of revenues
1 [Subject to the provisions of this Act, and rules made thereunder], the Expendituce of the revenues of India, both in British India and elsewhere, shall be subject to the control of the Secretary of State in Council, and no grant or appropriation of any part of those revenues, or of any other property coming into the possession of the Secretary of State in Council by virtue of the Government of India Act, 1858, or this Act, shall be made without the concurrence of a majority of votes at a meeting of the Council of India:
2 [Provided that a grant or appropriation made in accordance with provisions or restrictions prescribed by the Secretary of State in Council with the concurrence of a majority of votes at a meeting of the Council shall be deemed to be made with the concurrence of a majority of such votes.]
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1. These words were inserted by Part II of Schedule II of the Government of India Act, 1919 (9&10 Geo. 5. Chapter 101).
2. These words were added by Schedule I of the Government of India (Amendment) Act 1916 (6&7 Geo. 5, Chapter 37).
22. Application of revenues to military operations beyond the frontier
Except for preventing or repelling actual invasion of his Majesty's Indian possessions, or under other sudden and urgent necessity, the revenues of India shall not, without the consent of bothHouses of Parliament, be applicable to defraying the expenses of any militaryoperations carried on beyond the external frontiers of those possessions by His Majesty's forces charged upon those revenues.
23. Accounts of Secretary of State with Bank
(1) Such parts ofthe revenues of India as, are remitted to the United Kingdom and all moneyarising or accruing in the United Kingdom from any property or rights vested in His Majesty for the purposes of the government of India, or from the sale ordisposal thereof shall be paid tothe Secretary of State in Council, to be applied for the purposes of this Act.
(2) All suchrevenues and money shall, except asby this section is provided, be paid into the Bank of England to the credit of an account entitled "The Accountof the Secretary of State in Council of India."
(3) The moneyplaced to the credit of that account shall be paid out ondraftsor orders, eithersigned by two members of theCouncil of India and countersigned by the Secretary of State or one of his under secretaries or his assistant under secretary, or signed bythe accountant-general on the establishment of the Secretary of State in Councilor by one of the two senior clerks in the department of that accountant-generaland countersigned in such manner as the Secretary of State in Council direct;and any draft or order so signed and countersigned shall effectually discharge the Bank of England for all money paidthereon.
(4) The Secretaryof State in Council may, for the payment of current demands, keep at the Bank of England such accounts as he deems expedient; and every suchaccount shall be kept insuch name and 'be drawn upon bysuch person, and in such manner, as the Secretary of State in Councils directs.
(5) There shall be raised in the books of the Bank of England such accounts as may benecessary in respect of stock vested in the Secretary of State inCouncil ; and every such accountant shall he entitled "The Stock-Account of the Secretary of State inCouncil of India."
(6) Every accountreferred to in this sectionshallbe a public account.
24. Power of attorney for sale or purchase of stock and receipt of dividends
The Secretary of State in Council, by power of attorney executed by two members of the Council of India and countersigned by the Secretary oi State or one of his under secretaries or his assistant under secretary, may authorise all or any of the cashiers of the Bank of England--
(a) to sell and transfer all or any part of any stock standing in the books of the Bank to the account of the Secretary of State in Council; and
(b) to purchase and accept stock for any such account; and
(c) to receive dividends on any stock standing to any such account; and, by any writing signed by two members of the Council of India and countersigned as aforesaid, may direct the application of the money to be received in respect of any such sale or dividend:
Provided that stock shall not be purchased or sold and traneferred under the authority of any such general power of attorney, except on an order in writing directed to the chief cashier and chief accountant of the Bank of England and signed and countersigned as aforesaid.
25. Provision as to securities
All securities held by or lodged with the Bank of England, in trust for or onaccount or on behalf of the Secretary of State in Council may be disposed of,and the proceeds thereof may be applied, as may be disposed of, and theproceeds thereof may be applied, as may be authorised by order in writing signed by two members of the Council of India andcountersigned by the Secretary of State or one of his under secretaries orhisassistant under secretary, and directed to the chief cashier and chiefaccountant of the Bank of England.
26. Accounts to be annually laid before Parliament
(1) The Secretary of State in Council shall, within the first1 [twenty-eight days] during which Parliament is sitting next after the first clay of May in every year, lay before both Houses of Parliament--
(a) an account, for the financial year preceding that last completed, of the annual produce of the revenues of India, distinguishing the same under the respective heads thereof, in each of the several provinces; and of all the annual receipts and disbursements at home and abroad for the purposes of the government of India, distinguishing the same under the respective heads thereof;
(b) the latest estimate of the same for the financial year last completed;
(c) accounts of all stocks, loans, debts and liabilities chargeable on the revenues of India at home and abroad, at the commencement and close of the financial year preceding that last completed, the loans, debts and liabilities raised or incurred within that year, the amounts paid of or discharged during the year, the rates ofinterest borne by those loans, debts and liabilities respectively, and the annual amount of that interest; "
2 (d)* *
(e) a list of the establishment of the Secretary of State in Council, and the salaries and allowances payable in respect thereof.
(2) If any new or increased salary or pension of fifty pounds a year or upwards has been granted or created within any year in respect of the said establishment, the particulars thereof shall be specially stated and explained at the foot of the account for that year.
(3) The account shall be accompanied by a statement, prepared from detailed reports from each provinces, in such form as best exhibits the oral and material progress and condition of India.
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1. These words were substituted for the "fourteen days" by Schedule I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Chapter 37).
2. Paragraph (d) was repealed by Schedule II of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Chapter 37).
27. Audit of Indian accounts in United Kingdom
(1) His Majesty may, by warrant under His Royal Sign Manual countersigned by the Chancellor of the Exchequer, appoint a tit person, to be auditor of the accounts of the Secretary of State in Council, and authorise that auditor to appoint and remove such assistance as may be specified in the warrant.
(2) The auditor shall examine and audit the accounts of the receipt, expenditure and disposal in the United Kingdom of all money, stores and property applicable for the purposes of this Act.
(3) The Secretary of State in Council shall, by the officers and servants of his establishments, produce and lay before the auditor all such accounts, accompanied by proper vouchers for their support, and submit to his inspection all books, papers and writings having relation thereto.
(4) The auditor may examine all such officers and servants of that establishment, being in the United Kingdom, as he thinks fit, in relation to such accounts and the receipt, expenditure or disposal of such money, stores and property, and may for that purpose by writing signed by him, summon before him any such officer or servant.
(5) The auditor shall report to the Secretary of State in Council his approval or disapproval of the accounts aforesaid, with such remarks and observations in relation thereto, as he thinks fit, specially nothing cases (if any) in which it appears to him that any money arising out of the revenues of India has been appropriated to purposes other than those to which they are appliable.
(6) The auditor shall specially in detail in his reports all sums of money, stores and property which ought to be accounted for, and are not brought into account, or have not been appropriated in conformity with the provisions of the law, or which have been expended or disposed of without due authority, and shall also specify any defects, inaccuracies or irregularities which may appear in the accounts, or in the authorities, vouchers or documents having relation thereto.
(7) The auditor shall lay all his reports 'before both Houses of Parliament, with the accounts of the year to which the reports relate.
(8) The auditor shall hold office during good behaviour.
(9) There shall be paid to the auditor and his assistants, out of the revenues of India, 1 [or out of moneys provided by Parliament], such salaries as His Majesty, by warrant signed and countersigned as aforesaid, may direct.
(10) The auditor and his assistants (notwithstanding that some of them do not hold certificates from the Civil Service Commissioners) shall, for the purposes of superannuation 2 [or retiring] allowance 2 [and their legal personal representatives shall for the purposes of gratuity] be in the same position as if 3 [the auditor and his assistants] were on the establishment of the Secretary of State in Council.
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1. These words were inserted by Part II of Schedule. II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter 101).
2. These words were inserted by Schedule I of the Government if India (Amendment) Act, 1913 (6&7 Geo. 5, Chapter 37).
3. These words were substituted for the word "they" by Schedule I of the Government if India (Amendment) Act, 1913 (6&7 Geo. 5, Chapter 37).
PART III. PROPERTY, CONTRACTS AND LIABILITIES
28. Power of Secretary of State to sell, mortgage and buy property
(1) The Secretary of State in Council may, with the concurrence of a majority of votes at a meeting of the Council of India, sell and dispose of any real or persona! estate for the time being vested in His Majesty for the purpose for the government of India, and raise money on such real 1 [or personal] estate by way of mortgage, [or otherwise] and make the proper assurances for any of those purposes, and purchase and acquire any property.
(2) Any assurance relating to real estate, made by the authority of the Secretary of State in Council, may be made under the hands and seals of 2 [two] members of the Council of India.
(3) All property acquired in pursuance of this section shall vest in His Majesty for the purposes of the government of India.
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1. These words were inserted by Schedule I of the Government if India (Amendment) Act, 1913 (6&7 Geo. 5, Chapter 37).
2. This word was substituted for the word 'three" by Schedule I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Chapter 37).
29. Contracts of Secretary of State
(1) 1 [Subject to the provisions of this Act regarding the appointment of a High Commissioner for India,] the Secretary of State in Council may, with the concurrence of a majority of votes at a meeting of Council of India, make any contract for the purposes of this Act.
(2) Any contract so made may be expressed to be made by the Secretary of State in Council.
(3) Any contract so made which, if it were made between private persons, would be by law required to be under seal, may be made, varied or discharged under the hands and seals of two members of the Council of India.
(4) Any contract so made which, if it were made between private persons, would be by law required to be signed by the party to be charged therewith may be made, varied or discharged under the hands of two members of the Council of India.
(5) Provided that any contract for or relating to the manufacture, sale, purchase or supply of goods, or for or relating to affreightment or the carriage of goods, or to insurance, may, subject to such rules and restrictions as the Secretary of State in Council prescribes, be made and signed on behalf of the Secretary of State in Council by any person upon the permanent establishment of the Secretary of State in Council who is duly empowered by the Secretary of State in Council in this behalf. Contracts so made and signed shall De as valid and enectual as it made as prescribed by ihe foregoing provisions of this section. Particulars of all contracts so made and signed shall be laid before the Secretary of. State in Council in such manner and form and within such times as the Secretary of State in Council prescribes.
(6) The benefit and liability of every contract made in pursuance of this section shall pass to the Secretary of State in Council for the time being.
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1. These words were inserted by Part II of Schedule II of the Government of India Act, 1919 (9&10 Geo. 5, Chapter 101).
1 [29A. High Commissioner for India
His Majesty may by Order in Council make provision for the appointment of a High Commissioner for India in the United Kingdom, and for the pay, pension, powers, duties, and conditions of employment of the High Commissioner and of his assistants; and the Order may further provide for delegating to the High Commissioner any of the powers previously exercised by the Secretary of State or the Secretary of State in Council, whether under this Act or otherwise, in relation to making contracts, and may prescribe the conditions under which he shall act in behalf of the Governor-General in Council or any local government.]
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1. Section 29A was inserted by Part I of Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
30. Power to execute assurances, etc., in India
(1) The Governor-General in Council and any local government may, onbehalf and in the name of the Secretary of State in Council, and subject to such provisions or restrictionsas the Secretary of State in Council, with the concurrence of a majority of votes at a meeting of the Council of India,prescribes, sell and dispose of any real or personal estate whatsoever in British India, within the limits of theirrespective governments, for the time being vested in His Majesty for the purposes of the government of India, or raise money on anysuch real 1 [or personal] estate by way of mortgage, 2 [or otherwise], and make proper assurances for anyof those purposes, and purchase or acquire any property in British India within the said respectivelimits, and make any contract for the purposes of this Act.
3 [1a) A local government may on behalf and in the name of the Secretary ofState in Council raise money on the security of revenues allocated to it underthis Act, and make proper assurances for that purpose, and rules made underthis Act may provide for the conditions under which this power shall be exercisable.]
(2) Everyassurance and contract made for the purposes of 4 [subsection (1) of this section]shallbe executed by such person and in such manner as the Governor-General in Councilby resolution directs or authorises, and if so executed may be enforced by oragainst the Secretary of State in Council for the time being.
(3) All propertyacquired in pursuance of this section shall vest in His Majesty for the purposes of the governmentof India.
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1. These words were inserted by Sch. I ofthe Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
2. These words were inserted by Sch. I ofthe Government of India (Amendment) Act, 1916 (9&7 Geo. 5, Ch. 37).
3. Sub-section (1a) was insertedby Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
4. These words and figures were substituted for the words "thissection" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
31. Power to dispose of escheated property, etc.
The Governor-General in Council, and any other person authorised by any Act passed in that behalf by the1 [Indianlegislature] may make any grant or disposition of any property in British India accruing to His Majesty by forfeiture escheat or lapse, or by devolution as bond vacantia,to or in favour of any relative or connection of the person from whom theproperty has accrued, or to or in favour of any other person.
________________________
1. These words were substituted for the words"Governor-General in Legislative Council" by Part II of Sch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
32. Rights and liabilities of Secretary of State in Council
(1) The Secretaryof State in Council may sue and be sued by the name of the Secretary of Statein Council as a body corporate.
(2) Every person shall have the same remedies against theSecretary of State in Council as he might have had against the East IndiaCompany if the Government, of India Act, 1858, and this Act had not been passed.
(3) The propertyfor the time being vested inHis Majesty for the purposes of the governmentof India shall be liableto the same judgments and executions as it would have been liable to in respectof liabilites lawfully incurred by the East India Company if the Government ofIndia Act, 1958, and this Acthad not been passed.
(4) Neither theSecretary of Stale nor anymemberof the Council of India shall bepersonally liable in respect of any assurance or contract made by or on behalfof the Secretary of State in Council, or any other liability incurred by the Secretary of State or the Secretary of Statein Council in his or theirofficial capacity, nor in respect of any contract, covenant or engagement ofthe East India Company ; norshallany person executing any assurance or contract on behalf of the Secretary ofState in Council be personally liable in respect thereof; but all such liabilities,and all costs and damages in respect thereof, shall be borne by revenues of India.
PART IV. THE GOVERNOR-GENERAL IN COUNCIL
33. Powers of control of Governor-General in Council
General Powers and Duties of Governor-General in Council.
1 [Subject to the provisions of this Act and rules made thereunder], the superintendence, direction and control of the civil and military government of India is vested in the Governor-General in Council, who is required to pay due obedience to all such orders as he may receive from the Secretary of State.
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1. These words were inserted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5. Chapter. 101).
34. The Governor-General
The Governor-General.
The Governor-General of India is appointed by His Majesty The Governor-General, by warrant under the Royal Sign Manual.
35 to 43A. The Governor-General's Executive Council
35. [Omitted]
[Constitution of Governor-General's executive council.] Omitted by PartIT of Sch. II, 9 and 10 Geo. 5, Ch. 101.
36. Members of Council
(1) The1 [*]members of theGovernor-peneral's executive councilshall be appointed by His Majesty by warrant under the Royal Sign Manual.
(2) Thenumber of the 2 [*] members of the council shall be [such as HisMajesty thinks fit to appoint],
(3) Thereat least of them must be persons who 3 [**** ]have for at least ten yearsin the service of the Crown in India, and one must be a barrister of England orIreland, or a member of the Faculty of Advocates of Scotland, 4 [or apleader of a High Court] of not less than 5 [ten] years' standing.
(4) Ifany 6 [member of the council (other than the Commander-in-Chief forthe time being of His Majesty's forces in India)] is at the time of hisappointment in the military service of the Crown, he shall not, during hiscontinuance in office as such member, hold any military command or be employedin actual military duties.
7 [(5) Provision may be made by rulesunder this Act as to the qualifications to be required in respect of themembers of the Governor-General's executive council in any case where suchprovision is not made by the foregoing provisions of this section.]
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1. The word "ordinary" wasomitted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. These words were substituted for the words "five, on if His Majesty thinks fit to appoint a sixth member, six" by Part II of Sch. II of the Government of IndiaAct, 1919 (9&10 Geo. 5, Ch. 101).
3. The words "at the time of theirappointment" were omitted by Part II of Sch. II of the Government of IndiaAct, 1919 (9&10 Geo. 5, Ch. 101).
4. These words were inserted by Part II of Sch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
5. This word was substituted for the word "five" byPartII of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
6. These words were substituted for the words "personappointed as ordinary members of the council" by Part II of Sch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
7. Sub-section (5) was insertedby PartII of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [37. Rank and precedence of the Commander-in-Chief
If the Commander-in-Chief for the time being of His Majesty's forces in India is a member of the Governor-General's executive Council he shall, subject to the provisions of this Act, have rank and precedence in the council next after the Governor-General.]
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1. Section 37 was substituted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
38. Vice-President of Council
TheGovernor-General shall appoint a member of his executive council to bevice-president thereof.
39. Meetings
(1) TheGovernor-General's executive council shall assemble at such places in India asthe Governor-General in Council appoints.
(2) Atany meeting of the council the Governor-General or other person presiding and 1 [onemember of the council (other than the Commander-in-Chief)] may exercise all thefunctions of the Governor-General in Council.
________________________
1. These words were substituted for the words "one ordinary member of the council" by Part II of Sch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).
40. Business of Governor-General in Council
(1) Allorders and other proceedings of the Governor-General in Council shall beexpressed to be made by the Governor-General in Council, and shall be signed bya secretary to the Government of India, or otherwise, as the Governor-Generalin Council may direct 1 [and when so signed shall not be Called intoquestion in any legal proceeding on the ground that they were not duly made bythe Governor-General in Council.]
(2) TheGovernor-General may make rules and orders for the more convenient transactionof business in his executive council, and every order made, or act done, inbeing the order or the act of the Governor-General in Council.
________________________
1. These words were inserted by Part II of Sch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
41. Procedure in case of difference of opinion
(1) If anydifference of opinion arises on any question brought before a meeting of the Governor-General's executivecouncil, the Governor-General in Council shall be bound by the opinion and decision of the majority of thosepresent, and, if they are equally divided, the Governor-General or other person presiding shall have a second or casting vote.
(2) Provided thatWhenever any measure isproposed before the Governor-General in Council whereby the safety,tranquillity or interests of British India,or of any part thereof, are or may be, in the judgment of the Governor-General,essentially affected, and he is of opinion either that the measure proposed ought to be adopted andcarried into execution, or that it ought to be suspended or rejected and the majority present at a meeting of the council dissent from thatopinion, the Governor-General may, on his own authority and responsibility, adopt, suspend or reject the measure, in whole or in part.
(3) In every suchcase any two members of thedissentient majority mayrequire that the adoption, suspension or rejection of the measure, and the" fact of theirdissent, be reported to the Secretary of State, and the report shall be accompanied by copies of anyminutes which the members of thecouncil have recorded on thesubject.
(4) Nothing inthis section shall empower theGovernor-General to do anything which he could not lawfully have done with theconcurrence of his council.
42. Provision far absence of Governor-General from meetings of Council
If the Governor-General is obliged to absent himself from any meeting of the council, by indisposition orany other cause, 1 [***** ] the vice-president, or, if he is absent, the senior 2 [member(other than the Commander-in-Chief) ] present at the meeting, shall preside thereat, with thelike powers as the Governor-General would have had if present.
Provided that if the Governor-General is at the time resident at theplace where the meeting isassembled, and is not prevented by indisposition from signing any Act ofcouncil made at the meeting, the Act shall require his signature; but, if he declines or refuses to sign it, the likeprovisions shall have effectas in cases where the Governor-General, when present, dissents from the majority at a meeting of the council.
________________________
1. The words "and signifies his intended absent to the council"were ommitted by Part III of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. These words were substituted for the words "ordinary member" by Part II of Sch. II of by PartIII of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
43. Powers of Governor-General in absence from Council
(1) Whenever theGovernor-Genera! in Council declares that it is expedient that theGovernor-General should visit anypart of India unaccompanied byhisexecutive council, the Governor-General in Council, may, by order, authorize the Governor-General aloneto exercise in his discretion,all or any of the powers which might he exercised by the Governor-General inCouncil at meetings of thecouncil.
(2) TheGovernor-General during absence from his executive council may, if he thinks it necessary, issue, on his own authority and responsibility, any order, which might have been issued by theGovernor-General in Council, to any local government, or to any officers orservants of the Crown acting under the authoritv of any local governmentwithout previously communicating the order to the local government; and any such order shall have thesame force as if made by theGovernor-General in Council; but a copy of the order shall be sentforthwith to the Secretary of State and to the localgovernment, with the reasons for making the order.
(5) The SecretaryState in Council may, byorder,suspend until further order all or anyof. the powers ofthe Governor-General under the last foregoing sub-section; and those powers shall accordingly be suspended as from the time of the receipt by theGovernor-General of the order of theSecretary of State in Council.
1 [43A. Appointment of Council Secretaries
(1) The Governor-General may at his discretion appoint from among the members of the Legislative Assembly, council secretaries who shall hold office during his pleasure and discharge such duties in assisting the members of his executive council as he may assign to them.
(2) There shall be paid to council secretaries so appointed such salary as may be provided by the Indian legislature.
(3) A council secretary shall cease to hold office if he ceases for more than six months to be a member of the Legislative Assembly.]
________________________
1. Section 43A was inserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
44. Restriction on power of Governor-General in Council to make war or treaty
War and Treaties
(1) The Governor-General in Council may not, without the express order of the Secretary of State in Council, in any case (except where hostilities have been actually commenced, or preparations for the commencement of hostilities have been actually made against the British Government in India or against any prince or state depen dent thereon, or against any prince or state whose territories His Majesty is bound by any subsisting treaty to defend or guarantee), either declare war or commence hostilities or enter into any treaty for making war against any prince or state in India, or enter into any treaty for guaranteeing the possession of any such prince or state.
(2) In any such excepted case the Governor-General in Council may not declare war or commence hostilities, or enter into any treaty for making war, against any other prince or state than such as is actually committing hostilities or making preparations as aforesaid, and may not make any treaty for guaranteeing the possessions ofany. prince or state except on the consideration of that prince or state actually engaging to assist His Majesty against such hostilities commenced or preparations made as aforesaid.
(3) When the Governor-General in Council commences any hostilities or makes any treaty, he shall forth with communicate the same, with the reasons therefor, to the Secretary of State.
PART V. LOCAL GOVERNMENTS
45 to 45A. General
45. Relation of local Governments to Governor-General in Council
(1) 1 [Subjectto the provisions of this Act and rules made thereunder] every local government shall obey the order of the Governor-General in Council,and keep him constantlyand diligently informed of its proceedings and of all matters which ought, inits opinion, to be reported tohim,or as to which he requires information, and is under his superintendence, direction and controlin all matters relating to the government of its province.
2 [* * * * * *
(3) The authorityof a local government is not superseded by the presence in its province of theGovernor-General.
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1. These words were inserted by Part IIof Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. Sub-section (2) was omittedby Part III of Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [45A. Classification of central and provincial subjects
(1) Provision may be made by rules under this Act--
(a) for the classification of subjects, in relation to the. functions of government, as central and provincial subjects, for the purpose of distinguishing the functions of local governments and local legislatures from the functions of the Governor-General in--Council arid the Indian legislature;
(b) for the devolution of authority, in respect of provincial subjects to local governments, and for the allocation of revenues or other moneys to those governments;
(c) for the useunder the authority of the Governor-General in Council of the agency of local governments in relation to central subjects, in so far as such agency may be found convenient, and for determining the financing conditions of such agency ; and
(d) for the transfer from among the provincial subjects or subjects (in this Act referred to as "transferred subjects") to the ad-ministration of the governor acting with ministers appointed under this Act, and for the allocation of revenues or moneys for the purpose of such administration.
(2) Without prejudice to the generality of the foregoing powers, rules made for the above-mentioned purposes may--
(i) regulate the extent and condition of such devolution, allocation and transfer;
(ii) provide for fixing the contributions payable by local governments to the governor-General in Council, and making such contributions a first charge on allocated revenues of moneys;
(iii) provide for constituting a finance department in any province, and regulating the functions of that department;
(vi) provide for regulating the exercise of the authority vested in the local government of a province over members of the public services therein:
(v) provide for the settlement of doubts arising as to whether any matter does or does not relate to a provincial subject or a transferred subject, and for the treatment of matters which affect both a transferred subject and a subject which is not transferred; and
(vi) make such consequential and supplemental provisions as appear necessary or expedient.
Provided that without prejudice to any general power of revoking or. altering rules under this Act, the rules shall not authorise the revocation or suspension of the transfer of any subject except with the sanction of the Secretary of State in Council.
(3) The powers of superintendence, direction, and control over local governments vested in the Governor-General in Council, under this Act shall, in relation to transferred" subjects, be exercised only for such purposes as may be specified in rules made under this Act, but the Governor-General in Council shall be the sole judge as to whether the purpose of the exercise of such powers in any particular case comes within the purposes so specified.
(4) The expressions "central subjects" and "provincial subjects" as used in this Act mean subjects so classified under the rules.
Provincial subjects, other than transferred subjects, are in this Act referred to as "reserved subjects."]
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1. Section 45A was inserted by Part I of Sch. II of Part III of Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
46 to 52B. Governorships
46. Local government in governors' provinces
1 [(1) The presidencies of Fort William in Bengal, Fort St. George, and Bombay, and the provinces known as the United Provinces, the Punjab, Bihar and Orissa, the Central Provincesand Assam, shall each begoverned, in relation to reserved subjects, by a governor in council, and in relation to transferred subjects (save as otherwise provided by this Act) by thegovernor acting with ministers appointed under this Act.
The said presidencies and provinces are in this Act referred to as"governors' provinces" and the two first named presidencies are inthis Act referred to as the presidencies of Bengal and Madras.]
2 [(2) The governors of the said presidencies are appointed by His Majesty by warrant under the Royal Sign Manual, and the governors of thesaid provinces shall be soappointed after consultation with the Governor-General.]
(3) The Secretaryof State may, if he thinks fit, by order revoke or suspend, for such period as he may direct, the appointmentof a council for any or all of 3 [the governors' provinces]; andwhilst any such order is in forcethe governor of the 4 [province] to which the order refers shall have all the powers of the Governor thereof in Council.
________________________
1. Sub-section (1) of section 40 was substituted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. This sub-section was substituted byPart II of Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
3. These words were substituted for the words "thosepresidencies" by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
4. This word was substituted for the word "presidency"by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
47. Members of governors' executive councils
(1) The members of a. governor's executive council shall be appointed byhis Majesty by warrant under the Royal SignManual, and shall be of suchnumber, not exceeding four, as the Secretary of State in Council directs.
(2)1 [Oneat least of them must be a person who at the time of his appointment has been] for at leasttwelve years in the service of the Crown in India.
2 [(3) Provision may be made by rules under this Act as to thequalifications to be required in respect of members of the executive council of the governor of a province in anycase where such provision is not made by the foregoing provisions of thissection.]
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1. These words were substituted for the words "Two at leastof them must be persons who at the time of their appointment have been" byPart I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. This sub-section was substituted byPart II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
48. Vice-president of council
Every governor of a 1 [province] shall appoint a member of his executive council to be vice-president thereof.
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1. This word was substituted for the word"Presidency" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [49. Business of governor in council and governor with ministers
(1) All orders and other proceedings of the government of a governor's province shall be (Repressed to be made by the government of the province, and shall be authenticated as the governor may by rule direct, so, however that provision shall be made by rule for distinguishing orders and other proceedings relating to transferred subjects from other orders and proceedings.
Orders and proceedings authenticated as aforesaid shall not be called into question in any legal proceeding on the ground that they were not duly made by the government of the province.
(2) The governor may make rules and orders for the more convenient transaction of business in his executive council and with his ministers, and every order made or act done in accordance with those rules and orders shall be treated as being the order or the act of the government of the province.
The governor may also make rules and Orders for regulating the relations between his executive council and his ministers for the purpose of the transaction of the business of the local government:
Provided that any rules or orders made for the purposes specified in this section which are repugnant to the provisions of any other rules made under this Act shall, to the extent of that repugnancy, but not otherwise, be void.]
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1. Section 49 was substituted by Part I of Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
50. Procedure in case of difference of opinion in executive council
(1) If anydifference of opinion arises on any question brought before a meeting of a governor's executive council,the Governor in Council shall be bound bythe opinion the decision of the majority of those present, and if they are equally divided the governor or other person presiding shall have a second or casting vote.
(2) Providedthat, whenever any measure isproposed before a governor in council whereby the safety, tranquillity orinterests of his 1 [province],or of any part thereof, are or may be, in the judgment of the governor,essentially affected, and he is of opinion either that the measure proposed ought to be adopted andcarried into execution, or that it ought to be suspended or rejected, and the majority present at a meeting of the council dissent from thatopinion, the governor may, onhisown authority and responsibility, by order in writing, adopt, suspend or reject the measure, in whole or in part.
(3) In every suchcase the governor and themembersof the council present at themeeting shall mutually exchange writtencommunications (to be recorded at large in their secret proceedings) statingthe grounds of their respective opinions, and the order of the governorshallbe signed by the governor and by those members.
(4) Nothing inthis section shall empower agovernor to do anything which he could not lawfully have done with theconcurrence of his council.
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1. This word was substituted for the word"Presidency" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
51. Provision for absence of governor from meetings of council
If a governor is obliged to absent himself from any meeting of hisexecutive council, by indisposition or any other cause, 1 [***] the vice-president, or, if he is absent, thesenior 2 [*] member present atthe meeting shallpreside thereat, with the like powers as the governor would have had ifpresent:
Provided that if the governor is at the time resident at the placewhere the meeting isassembled, and is not prevented by indisposition from signing any act ofcouncil made at the meeting, the act shall require his signature; but, if he declines or refuses to sign it, the likeprovisions shall have effectas in cases where the governor, when present, dissents from the majority at a meeting of the council.
________________________
1. The words ''and signifies his intended absence to the council" wereomitted by Part III of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. The word "civil" wasomitted by Part III of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [52. Appointment of ministers and council secretaries
(1) The governor of a governor's province may, by notification, appoint ministers, not being members of his executive council or other officials, to administer transferred subjects, and any ministers so appointed shall hold office during his pleasure.
There may be paid to any minister so appointed in any province the same salary as is payable to a member of the executive council in that province, unless a smaller salary is provided by vote of the legislative council of the province.
(2) No minister shall hold office for a longer period than six months, unless he is or becomes an elected member of the local legislature.
(3) In relation to transferred subjects, the governor shall be guided by the advice of his ministers, unless he sees sufficient cause to dissent from their opinion, in which case he may require action to be taken otherwise than in accordance with that advice:
Provided that rules may be made under this Act for the temporary administration of a transferred subject where, in cases of emergency, owing to a vacancy, there is no minister in charge of the subject, by such authority and in such manner as may be prescribed by the rules.
(4) The governor of a governor's province may at his discretion appoint from among the non-official members of the local legislature, council secretaries, who shall hold office during his pleasure, the discharge such duties in assisting members of the executive council and ministers as he. may assign to them.
There shall be paid to council secretaries so appointed such salary as may be provided by a vote of the legislative council.
A council secretary shall cease to hold office if he ceases for more than six months to be a member of the legislative council.]
________________________
1. Section 52 was substituted by Part II of Part III of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [52A. Constitution of new provinces, etc., and provision as to backward tracts
(1) The Governor-General in Council may, after obtaining an expression of opinion from the local government and the local legislature affected, by notification, with the sanction of His Majesty previously signified by the Secretary of State in Council, constitute a new governor's province, or place part of a governor's province under the administration of a deputy-governor to be appointed by the Governor-General, and may in such case apply, with such modifications as appear necessary or desirable, all or any of the provisions of this Act relating to governor's provinces, or provinces under a lieutenant-governor or chief commissioner, to any such new provinceor part of a province.
(2) The Governor-General in Council may declare any territory in British India to be a "backward tract," and may, by notification, with such sanction as aforesaid, direct that this Act shall apply to that territory subject to such exceptions and modifications as may be prescribed in the notification.
Where the Governor-General in Council has, by notification, directed as aforesaid, he may, by the same or subsequent notification, direct that any Act of the Indian legislature shall not apply to the territory in question or any part thereof, or shall apply to the territory or any part thereof subject to such exceptions or modifications as the Governor-General thinks fit, or may authorise the governor in council to give similar directions as respects any Act of the local legislature.]
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1. Sections 52A and 52B were inserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo.. 5, Ch. 101).
1 [52B. Saving
(1) The validity of any order made or action taken after the commencement of the Government of India Act, 1919, by the Governor-General in Council or by a local government which would have been within the powers of the Governor-General in Council or of such local government if that Act had not been passed, shall not be open to question in any legal proceedings on the ground that by reason of any provision of that Act or this Act, or of any rule made by virtue of any such Provision, such order or action has ceased to be within the powers of the Governor-General in Council or of the government concerned.
(2) The validity of any order made or action taken by a governor in council, or by a governor acting with his ministers, shall not be open to question in any legal proceedings on the ground that such order or action relates or does not relate to a transferred subject, or relates to a transferred subject of which the minister is not in charge.]
________________________
1. Sections 52A and 52B were inserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo.. 5, Ch. 101).
53 to 59. Lieutenant-Governorships and other Provinces
53. Lieutenant-governorships
(1) 1 [Theprovince of] Burma is, subject to the provisions of this Actgoverned by lieutenant-governor 2 [* * * *].
(2) TheGovernor-General in Council may, by notification, with sanction of his Majesty previously signified by the Secretary of State in Council,constitute a new province under a lieutenant-governor.
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1. These words were substituted for the words "Each of thefollowine provinces namely those known as Bihar and Orissa the TTn'ted Provinces of Agra and Oudh, the Punjab andby Part II of Sch. II of the Government of India Act, 1919 (9&10 Gco. 5, Ch. 101).
2. The words "with or without anexecutive council" were omitted by Part II of Sch. II of the Government ofIndia Act, 1919 (9&10 Gco. 5, Ch. 101).
54. Appointment, etc., of lieutenant-governors
(1) A Lieutenant-governoris appointed by the Governor- General with the approval of His Majesty.
(2) Alieutenant-Governor must have been, at the time of his appointment, at least ten years in theservice of the Crown in India.
1 [(3)]*****
________________________
1. Sub-section (3) was omittedby Part III of Part II of Sch. II of the Government of India Act, 1919 (9&10 Gco. 5, Ch. 101).
55. Power to create executive councils for lieutenant-governors
(1) TheGovernor-General in Council, with the approval of the Secretary of State inCouncil, may, by notification, create a council in any province under alieutenant-governor, for the purpose of assisting the governor in the executivegovernment of the province, and by such notification--
(a) make provision for determining what shall be the number (not exceeding four) and qualifications of the members of the council; and
(b) make provision for the appointment of temporary or acting mernberg of thecouncil during the absence of any member from illness orotherwise,1 [and for supplying a vacancy until it is permanently filled,] andfor the procedure to be adopted in case of a difference of opinion between alieutenant-governor and his council, andin the case of equality of votes, and in the case of a lieutenant-governorbeing obliged to absent himself from his council by indisposition or any other cause: Provided that before any suchnotification is published, adraftthereof shall be laid before each House of Parliament for not less than sixtydays during the session of Parliament, and if, before the expiration of thattime, an address is presented to His Majesty by eitherHouse of Parliament against the draft or any part thereof, no further proceedings shall be taken thereon, without prejudiceto the making of any new draft.
(2) Everynotification under this section shall be laid before both Houses for Parliament as soon as may be afterit is made.
(3) Every member of a lieutenant-governor's executivecouncil shall beappointed by the Governor-General, with the approval of His Majesty.
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1. These words were inserted by Part II of Sch.II of the Government of India Act, 1919 (9&10 Gco. 5, Ch. 101).
56. Vice-president of lieutenant-governor's council
A lieutenant-governor who has an executive council shall appoint a member of the council to be vice-presidentthereof, and that vice-president shall preside at meetings of thecouncil in the absence of the lieutenant-governor.
57. Business of lieutenant-governor in Council
A lieutenant-governor who has an executive council may, with theconsent of the Governor-General in Council, make rules and orders for more convenient transaction ofbusiness in the council, and every order made, or act done, in accordance with such rules and orders, shall be treated as being the order or the act of the lieutenant-governor in council,1 [An order made as aforesaid shall not be called into question in anylegal proceedingson the ground that it was not duly made by thelieutenant-governor in council.]
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1. These words were inserted by Part IIof the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
58. Chief commissioners
Each of the following provinces, namely, those known as1 [** * ] the North-West Frontier Province, British Baluchistan,Delhi, Ajmer-Merwara, Coorg, and the Andaman and Nicobar Islands, is, subject to the provisions of this Act,administered by a chief commissioner.
________________________
1. The words "Assam, the CentralProvinces" were omitted by Part II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
59. Power to place territory under authority of Governor-General in Council
The Governor-General in Council may, with the approval of the Secretaryof State, and by notification, take any part of British India under the immediate authority and management of theGovernor-General in Council, and thereupon give all necessary orders and directions respecting theadministration of that part by placing it under a chief commissioner or by otherwise providing for its administration.
60 to 62. Boundaries
60. Power to declare and alter boundaries of provinces
The Governor-General in Council may, by notification, declare, appointor alter the boundaries of any of the provinces into which British India is for the time beingdivided, and distribute the territories in such manner as may seem expedient, subject to these qualifications, namely:--
(1) an entiredistrict may not foe transferred from one province to another without theprevious sanction of the Crown, signified by the Secretary of State in Council;and (2) anynotification under this section may be dis-allowed by the Secretary of State inCouncil.
61. Saving as to laws
An alteration in pursuance of the foregoing provisions of the mode ofadministration of any part of British India,or of the boundaries of any part of British India, shall not affectthe law for the time being in force in that part.
62. Power to extend boundaries of presidency-towns
The Governor of Bengal inCouncil, the Governor of Madras in Council, and the Governor of Bombay in Council may, with the approvalof the Secretary of State in Council and by notification, extend the limits ofthe towns of Calcutta, Madras and Bombay, respectively; and any act of Parliament, letters patent,charter, law or usage conferring jurisdiction, power or authority within thelimits of those towns respectively shall have effect within the limits as so extended.
PART VI. INDIAN LEGISLATION
63 to 70. The Indian Legislature
1 [63. Indian legislature
Subject to the provisions of this Act, the Indian legislature shall consist of the Governor-General and two chambers, namely, the Council of State and the legislative Assembly.
Except as otherwise provided by or under this Act, a Bill shall not be deemed to have been passed by the Indian legislature unless it has been agreed to by both chambers, either without amendment or with such amendments only as may be agreed to by both chambers.]
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1. Sections 63, 63A, 63B, 63C, 69D, 63E, and 64 were substituted for sections 63 and 64 by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101.)
1 [63A. Council of State
(1) The Council of Stale shall consist: of not more than sixty members nominated or elected in accordance with rules made under this Act, of whom not more than twenty shall be official members.
(2) The Governor-General shall have power to appoint, from among the members of the Council of State, a president and other persons to preside in such circumstances as he may direct.
(5) The Governor-General shall the right of addressing the Council of State, and may for that purpose require the attendance of its members.]
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1. See the footnote on page 33 supra.
63B. Legislative Assembly
(1) TheLegislative Assembly shall consist of members nominated or elected in accordancewith rules made under this Act.
(2) The totalnumber of members of theLegislative Assembly shall be onehundred and forty. The number of non-elected members shall be forty,of whom twenty-six shall be official members. The number of elected members shall be one hundred:
Provided that rules made under this Act may provide for increasing thenumber of members of theLegislative Assembly as fixed by this section, and may vary, the proportionwhich the classes of membersbear oneto another, so, however,that at feast five-sevenths of the members of the Legislative Assembly shall be elected members, and atleast one-third of theother members shall benon-official members.
(3) TheGovernor-General shall have theright of addressing the Legislative Assembly, and may for that purpose requirethe attendance of its members.]
1 [63C. President of Legislative Assembly
(1) There shall be a president of the Legislative Assembly, who shall, until the expiration of four years from the first meeting thereof, be a person appointed by the Governor-General, and shall thereafter be a member of the Assembly elected by the Assembly and approved by the Governor-General:
Provided that, if at the expiration of such period of four years the Assembly is in session, the president then in office shall continue in office until the end of the current session, and the first election of a president shall take place at the commencement of the ensuing session.
(2) There shall be a deputy president of the Legislative Assembly, who shall preside at meetings of the Assembly in the absence of the president, and who shall be a member of the Assembly elected by the Assembly and approved by the Governor-General.
(3) The appointed president shall hold office until the date of the election of a president under this section, but he may resign his office by writing under his hand addressed to the Governor-General, or may be removed from office by order of the Governor-General, and any vacancy occurring before the expiration of his term of office shall be filled by a similar appointment for the remainder of such term.
(4) An elected president and a dputy-president shall cease to hold office if they cease to be members of the Assembly. They may resign office by writing under their hands addressed to the Governor-General, and may be removed from office by a vote of the Assembly with the concurrence of the Governor-General.
(5) A president and deputy-president shall receive such salaries as may be determined in the case of an appointed president by the Governor-General, and in the case of an elected president and a deputy-president by Act of the Indian legislature.]
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1. See the footnote on page 33 supra.
1 [63D. Duration and sessions of Legislative Assembly and Council of State
(1) Every Council of State shall continue for five years, and every Legislative Assembly for three years from its first meeting:
Provided that--
(a) either chamber of the legislature may be sooner dissolved by the Governor-General; and
(b) any such period may be extended by the Governor-General if in special circumstances he so thinks fit; and
(c) after the dissolution of either chamber the Governor-General shall appoint a date not more than six months, or with the sanction of the Secretary of State not more than nine months, after the date of dissolution for the next session of that chamber.
(2) The Governor-General may appoint times and places for holding the sessions of either chamber of the Indian legislature as he thinks fit, and may also from time to time, by notification or otherwise, prorogue such sessions.
(3) Any meeting of either chamber of the Indian legislature may be adjourned by the person presiding.
(4) All questions in either chamber shall be determined by a majority of votes of members present other than the presiding member, who shall, however, have an exercise a casting vote in the case of an equality of vote.
(5) The powers of either chamber of the Indian legislature may be exercised notwithstanding any vacancy in the chamber.
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1. See the footnote on page 22 supra.
1 [63E. Membership of both chambers
(1) An official shall not be qualified for election as a member of either chamber of the Indian legislature, and if any non-official member of either chamber accepts office in the service of the Crown in India, his seat in that chamber shall become vacant.
(2) If an elected member of either chamber of the Indian legislature becomes a member of the other chamber, his seat in such first-mentioned chamber shall thereupon become vacant.
(3) If any person is elected a member of both chambers of the Indian legislature he shall, before he takes his seat in either chamber, signify in writing the chamber of which he desires to be a member, and thereupon hisseat in the other chamber shall become vacant.
(4) Every member of the Governor-General's Executive Council shall be nominated as a member of one chamber of the Indian legislature, and shall have the right of attending in and addressing the other chamber, but shall not be a member of both chambers.]
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1. See the footnote on page 33 supra.
64. Supplementary provisions as to composition of Legislative Assembly and Council of State
(1) Subject to the provisions of this Actprovision may be made by rules under this Act as to--
(a) the term of office of nominated members of the Council of State and the Legislative Assembly, and themanner of filling casual vacancies occurring by reason of absence of members from India, inability to attend toduty, death, acceptance of office, or resignation duly accepted, or otherwise; and
(b) the conditions under which and the manner in which persons may benominated as members of theCouncil of State or the Legislative Assembly; and
(c) the qualification of electors, the constitution of constituencies,and the method ofelection for the Council of State and the Legislative Assembly (including thenumber of members to be electedby communal and other electorates)and any matters incidental or ancillary thereto; and
(d) the qualifications for being or for being nominated or elected as members of the Council of State or theLegislative Assembly; and
(e) the final decision of doubts or disputes as to the validity of anelection; and
(f) the manner in which the rules are to be carried into effect. 23. See the footnote on page 33 supra.
(2) Subject to any such rules, any person who isa ruler or subject of anystate in India may be nominated as a member of the Council of State or the Legislative Assembly.]
65. Powers of Indian legislature
(1) The1 [Indianlegislature] has power to make laws--
(a) for all persons, for all courts, and for all places and things, withinBritish India;and
(b) for all subjects of His Majesty and servants of the Crown within other parts of India; and
(c) for all native Indian subjects of His Majesty, without and beyond as well aswithin British India;and
(d) for the Government officers, soldiers [airmen] and followers in His Majesty's Indian forces, wherever they are serving, in so far as they arenot subject to theArmy Act 2 [or the Air Force Act]; and
(e) for all persons employed or serving in or belonging to the RoyalIndian Marine Service; and
(f) for repealing or altering any laws which for the time being are inforce in any part of British India orapply to persons for whom the 1 [Indian legislature] has power tomake laws.
(2) Provided thatthe 1 [Indian legislature] has not, unless expressly so authorised byAct of Parliament, power to make any law repealing or affecting--
(i) any Act of Parliament passed after the year one thousand eighthundred and sixty and extending to British India (including the Army Act, 2 [he Air Force Act]and any Act amending the same; or
(ii) any Act of Parliament enabling the Secretaryof State in Council to raise money in the United Kingdom for the government ofIndia;
and has not power to make any law affecting the authority ofParliament, or any part of the unwritten laws or constitution of the UnitedKingdom of Great Britain andIreland whereonmay depend in any degree the allegiance of any prson to theCrown of the United Kingdom, or affecting the sovereignty or dominition of theCrown over any part of British India.
(3) The1 [Indianlegislature] has not power without the previous approval of the Secretary ofState in Council to make any law empowering any court other than a high court, to sentence to the punishment of death any of His Majesty's subjects born inEurope, or the children of such subjects, or abolishing any high court.
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1. These words were substituted for the words"Governor-General in Legislative Council by Part II of Sch. II of the Governmentof India Act 1919 (9&10 Geo. 5 Ch. 101).
2. These words were inserted by Part IIIof Part II of Sch. II of the Government of India Act 1919 (9&10 Geo. 5 Ch. 101).
66. Laws for the Royal Indian Marine Service
(1) A law madeunder this Act for the Royal Indian Marine Service shall not apply to any offence unless thevessel to which the offender belongs is at the time of the commission of theoffence within the limits of Indian waters that is to say the high seas between the Cape of Good Hope ontha West and the Straits of Magellon on the East and any territorial watersbetween those limits.
(2) Thepunishments imposed by any such law for offences shall be similar in character to, and not in excess of, the punishmentswhich may, at the time of making the law, be imposed for similar offences underthe Acts relating to His Majesty's Navy except that, in the case ofpersons other than Europeansor Americans, imprisonment for any term not exceeding fourteen years, ortransportation for life or any less term, may he substituted for penal servitude.
67. Business and proceedings in Indian legislature
1 [(1) Provision may be made by rules under this Act for regulating thecourse of business and the preservation of order in the chambers of the Indian legislature, and as to the persons topreside at the meetings of theLegislative Assembly in the absence of the president and the deputy president ;and the rules may provide for the number of members required to constitute a quorum, and for prohibiting orregulating the asking of questions on, and the discussion of any subject specified in the rules.]
(2) It shall not be lawful, without the previoussanction of the Governor-General, to introduce at any meeting of 2 [either chamber ofthe Indian legislature] anymeasureaffecting--
(a) the public debt or public revenues of India or imposing any chargeon the revenues of India; or
(b) the religion or religious rites and usages of any class of British subjects in India; or
(c) the discipline or maintenance of any part of His Majesty's military,3 [naval, or air] forces; or
(d) the relations of the Government with foreign princes or states--4 [orany measure--
(i) regulating any provincial subject, or any part of a provincial subject, which has not been declared by rules under this Act to be subject to legislation by (he Indian legislature; or
(ii) repealingor amending any Act of a local legislature ; or
(iii) repealing or amending any Act or ordinance made by the Governor-General.]
5 [(2a) Where in either chamber of the Indian legislature any Bill has been introduced, or is proposedto be introduced, or any amendment to a Bill is moved, or proposed to be moved, the Governor-General may certifytranquillity of British India,or any part thereof, and may direct that no proceedings, or that no furtherproceedings, shall be taken bythe chamber in relation to the Bill, clause or amendment, and effect shall be given to such direction.]
6 [(3) If any Bill which hasbeen passed by one chamber is not, within six months after the passage of the Bill by that chamber, passed by the other chamber either without amendments orwith such amendments as may be agreed to by the two chambers, theGovernor-General may in his discretionrefer the matter for decision to a joint sitting of both chambers: Provided mat standing orders made under this section may provide for meetings of members of both chambers appointed for the propose, in order to discuss any difference of opinionwhich has arisen between the two chambers.]
6 [(4) Without prejudice to the powers of the Governor-General under sectionsixty-eight of this Act, the Governor-General may where a Bill has been passed by both chambers ofthe Indian legislature, return the Bill for reconsideration by either chamber.]
6 [(5) Rules made for the purpose of this section may contain such generaland supplemental provisions as appear necessary for the purpose of giving fulleffect to this section.]
6 [(6) Standing orders may be madeproviding for the conduct of business and the procedure, to be followed ineither chamber of the Indian legislature in so far as these matters are notprovided for by rules made under this Act. The first standing orders shall be made by the Governor- General in Council, but may, with theconsent of the Governor-General, be altered by the chamber to which theyrelate.
Any standing order made asaforesaid which, is repugnant to the provisions of any rules made under thisAct shall, to theextent of that repugnancy but not otherwise, be void.]
6 [(7) Subject to therules, and standing orders affectingthe chamber there shall be freedomof speech in both chambers of the Indian legislature, No person shall be liable to any proceedings in anycourt by reason of his speech orvote in either chamber, or by reason of anything contained in any officialreport of the proceedings of either chamber.]
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1. This sub-section was substituted byPart I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. These words were substituted for the words "theCouncil" by Part II of Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
3. These words were substituted for the words "ornaval" by Part III of Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
4. These clauses were inserted by PartII of Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
5. Sub-section (2a) was insertedby Part II of Sch. II of the Government of India Act 1919 (9&10 Geo. 5, Ch. 101).
6. Sub-sections (3), (4), (5), (6) & (7) were substituted for sub-section (3) by Part I of Part II of Sch. II of the Government of India Act 1919 (9&10 Geo. 5, Ch. 101).
67A. Indian budget
1 (1) The estimated annual expenditure and revenue of, the Governor-Generalin Council shall be laid inthe form of a statement before both chambers of the Indian legislature in eachyear.
(2) No proposal forthe appropriation of any revenue or moneys for any purpose shall be made except on the recommendationof the Governor-General.
(3) The proposalsof the Governor-General in Council for the appro-priation of revenue or moneysrelating to the following heads of expenditure shall not be submitted to thevote of the Legislative Assembly, nor shall they be open to discussion by either chamber at the time when theannual statement is under consideration, unless the Governor-General otherwise directs:--
(i) interest and sinking fund charges on loans; and
(ii) expenditure of which the amount is prescribed by or under any law;and
(iii) salaries and pensions of persons appointed by or with theapproval of His Majesty or by the Secretary of State inCouncil; and
(iv) salaries of chief commissioners and judicial commissioners; and
(v) expenditure classified by the order of the Governor-General in Council as--
(a) ecclesiastical;
(b) political;
(c) defence.
(4) If anyquestion arises whether any proposed appropriation of revenue or moneys dues ordoes not relate to the above heads, the decision of the Governor-General on thequestion shall be final.
(5) The proposalsof the Governor-General in Council for the appropriation of revenue or moneysrelating to heads of expenditure not specified in the above heads shall be submitted to the vote of the Legislative Assembly in the form of demandsfor grants.
(6) TheLegislative Assembly may assent or refuse its assent to any demand or mayreduce the amount referred to in any demand by a reduction of the whole grant.
(7) The demandsas voted by the Legislative Assembly shall be submitted to theGovernor-General in Council, who shall, if he declares that he is satisfied that any demand which has beenrefused by the Legislative Assembly is essential to the discharge of his responsibilities, act as if it had beenassented to, notwithstanding the withholding of such assent or the reduction ofthe amount therein referred to, by the Legislative Assembly.
(8)Notwithstanding anything in this section the Governor-General shall have power in cases of emergency, toauthorise such expenditure as may, in his opinion, be necessary for the safety or tranquillity of British India or any part thereof.]
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1. Section 67 A was inserted by Part I of Sch. II ofthe Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [67B. Provision for case of failure to pass legislation
(1) Where either chamber of the Indian legislature refuses leave to introduce, or fails to pass in a form recommended by the Governor-General, any Bill, the Governor-General may certify that the passage of the Bill is essential for the safety, tranquillity, or interests of British India or any part thereof, and thereupon--
(a) If the Bill has already been passed by the other chamber, the Bill shall, on signature by the Governor-General, notwithstanding that it has not been consented to by both chambers, forthwith become an Act of the Indian legislature in the form of the Bill as originally introduced or proposed to he introduced in the Indian legislature, or (as the case may be) in the form recommended by the Governor-General; and
(b) If the Bill has not already been so passed, the Bill shall be laid before the other chamber, and if consented to by that chamber in the form recommended by the Governor-General, shall become an Act as aforesaid on the signification of the Governor-General's assent, or, if not so consented to shall, on signature by the Governor-General, become, an Act as aforesaid.
(2) Every such Act shall be expressed to be made by the Governor-General, and shall, as soon as practicable after being made, be laid before both Houses of Parliament, and shall not have effect until it has received His Majesty's assent, and shall not be presented for His Majesty's assent until copies thereof have been laid before each House of Parliament for not loss than eight days on which that House has sat; and upon the signification of such assent by His Majesty in Council, and the notification thereof by the Governor-General, the Act shall have the same force and effect as an Act passed by the Indian legislature and duly assented to:
Provided that where in the opinion of the Governor-General a state of emergency exists which justifies such action, the Governor-General may direct that any such Act shall came into operation forthwith, and thereupon the Act shall have such force and effect as aforesaid, subject, however, to disallowance by His Majesty in Council.]
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1. Section 67B was inserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
68. Assent of Governor-General to Bills
(1) When1 [a Bill] has been passed 2 [by both chambers of theIndian legislature], the Governor-General, 3 [* * *], may declarethat he assents to the 4 [Bill] or that he reserves the 4 [Bill]for the signification of His Majesty's pleasure thereon.
(2)5 [ABill passed by both chambers of the Indian legislature shall not become an Act]until the Governor-General has declared his assent thereto, or, in the case of 6 [aBill] reserved for the signification of His Majesty's pleasure, until His Majesty7 [in Council] has signified his assent in 8 [* * *], andthat has been notified by the Governor-General.
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1. These words were substituted for the words "an Act" byPart II of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5,.Ch. 101).
2. These words were substituted for the words "at a meeting ofthe Indian Legislative Council" by Part II of Sch. II of the Government ofIndia Act, 1919 (9 & 10 Geo. 5,. Ch. 101).
3. The words "whether he was or was not present- in Council atthe passing thereof" were omitted by Part II of Sch. II of the Governmentof India Act, 1919 (9 & 10 Geo. 5,. Ch. 101).
4. This word was substituted for the word "Act" by Part IIof Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5,. Ch. 101). :
5. These words were substituted for the wends "An Act of theGovernor-General in Legislative Council has not validity" by Part II ofSch. II of the Government of India Act, 1919 (9 & 10 Geo. 5,. Ch. 101).
6. These words were substituted for the words "an Act" by PartII of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5,. Ch. 101).
7. These words were inserted by Part II of Sch. II of the Governmentof India Act, 1919 (9 & 10 Geo. 5,. Ch. 101).
8. The words to the Governor-General through the Secretary of State inCouncil" were omitted by Part II of Sch. II of the Government of IndiaAct, 1919 (9 & 10 Geo. 5,. Ch. 101).
69. Power of Crown to disallow Acts
(1) Whenan Act of the 1 [Indian legislature] has been assented to by the Governor-General,he shall send to the Secretary of State an authentic copy thereof, and it shallbe lawful for His Majesty 2 [in Council] to signify 2 [** *] his disallowance of any such Act.
(2)Where the disallowance of any such Act has been so signified, theGovernor-General shall forthwith notify the disallowance, and thereupon theAct, as from the date of the notification, shall become void accordingly.
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1. These words were substituted for the words "Governor-Generalin Legislative Council" by Part II of Sch. II of the Government of IndiaAct, 1919 (9 & 10 Geo. 5,. Ch. 101).
2. The words "through the Secretary of State in Council"were omitted by Part II of Sch. II of the Government of India Act, 1919 (9 &10 Geo. 5,. Ch. 101).
70. [Omitted]
[Rulesfor conduct of legislative business]--Omitted by Part II of Sch. II of 9 & 10Geo. 5, Ch. 101.
71 to 72. Regulations and Ordinances
71. Power to make regulations
(1) Thelocal Government of any part of British India to which this section for thetime being applies may propose to the Governor-General in Council the draft ofany regulation for the peace and good government of that part, with the reasonsfor proposing the regulation.
(2)Thereupon the Governor-General in Council may take any such draft and reasonsinto consideration; and when any such draft has been approved by theGovernor-General, it shall be published in the Gazette of India and in thelocal official gazette, if any, and shall thereupon have the like force of lawand be subject to the like disallowance as if it were an Act of the 1 [Indianlegislature].
(3) TheGovernor-General shall send to theSecretary of State in Council an authentic copy of every regulation to which hehas assented under this section.
2 [(3a) A regulation made under this section for any territory shall not be invalid by reason only that itconfers or delegates power to confer on courts or administrative authoritiespower to sit or act outside the territory in respect of which they havejurisdiction or functions, or that it confers or delegates power to conferappellate jurisdiction or functions on courts or administrative authoritiessilling or acting outside the territory.]
(4) The Secretaryof State may, by resolution in council, apply this section to any part of British India, as from a date to be fixedin the resolution, and withdraw the application of this section from any partto which it has been applied.
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1. These words were substituted for the words "Governor-Generalin Legislative Council" by Part II of Sch. II of the Government of IndiaAct, 1919 (9 & 10 Geo. 5, Ch. 101).
2. This sub-section wasinserted by section 2 (1) of the Government of India AmendmentAct, 1916 (6&7 Geo. 5, Ch. 37).
72. Power to make ordinances in cases of emergency
The Governor-General may, in cases of emergency, make and promulgate ordinances for tht peace and good governmentof British India orany part thereof, and anyordinanceso made shall, for thespace of not more than six months from its promulgation, have the like force oflaw as an Act passed by the 1 [Indian legislature] but the power ofmaking ordinances underthis section is subject to thelike restrictions as the power of the 1 [Indian legislature] to makelaws ; and any ordinance madeunder this section is subject to thelike disallowance as an Act passed by the 1 [Indian legislature] andmay be controlled or superseded by any such Act.
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1. These words weresubstitutedfor the words "Governor-General in Legislative Council" by Part II ofSch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch 101).
72A to 84. LOCAL LEGISLATURES
72A to 72E. (a) Governors' Provinces
1 [72A. Governors' legislative councils
(1) There shall be a legislative council in every governor's province, which shall consist of the members of the executive council and of the members nominated or elected as provided by this Act.
The governor shall not be a member of the legislative council, but shall have the right of addressing the council, and may for that purpose require the attendance of its members.
(2) The number of members of the governor's legislative councils shall be in accordance with the table set out in the First Schedule to this Act; and of the members of each council not more than twenty per cent. shall be official members, and at least seventy per cent, shall be elected members:
Provided that--
(a) subject to the maintenance of the above proportions, rules under this Act, may provide for increasing the number of members of any council, as specified in that schedule; and
(b) the governor may, for the purposes of any Bill introduced or or proposed to be introduced in this legislative council, nominate, in the case of Assam one person, and in the case of other provinces not more than two persons having special knowledge or experience of the subject-matter of the Bill, and those persons shall, in relation to the Bill, have for the period for which they are nominated all the rights of members of the council, and shall be in addition to the numbers above referred to; and
(c) members nominated to the legislative council of the Central Provinces by the governor as the result of elections held in the Assigned Districts of Berar shall be deemed to be elected members of the legislative council of the Central Provinces.
(3) The powers of a governor's legislative council may be exercised notwithstanding any vacancy in the council.
(4) Subject as aforesaid, provision may be made by rules under, this Act as to--
(a) the term of office of nominated members of governors' legislative councils' and the manner of filling casual vacancies occurring by reason of absence of members from India, inability to attend to duty, death, acceptance of office, resignation duly accepted, or otherwise. and
(b) the conditions under which and manner in which, persons, may be nominated as members of governors' legislative councils; and
(c) the qualification of electors, the constitution of constituencies, and the method of election for governors' legislative councils, including the number of members to be elected by communal and other electorates, and any matters incidental or ancillary thereto; and
(d) the qualifications for being and for being nominated or elected a member of any such council; and
(e) the final decision of doubts or disputes as to the validity of any election; and
(f) the manner in which the rules are to be carried into effect: Provided that rules as to any such matters as aforesaid may provide for delegating to the local government such power as may be specified in the rules of making subsidiary regulations affecting the same matters.
(5) Subject to any such rules any person who is a ruler or subject of any state in India may be nominated as a member of a governor's legislative council.
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1. Section 72A was inserted by Part I of Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch 101).
1 [72B. Sessions and duration of governors' legislative councils
(1) Every governor's legislative council shall continue for three years from its first meeting:
Provided that--
(a) the council may be sooner dissolved by the governor; and governor; and
(b) the safd period may be extended by the governor for a period not exceeding one year, by notification in the official gazette of the province, if in special circumstances (to be specified in the notification) he so think fit; and
(c) after the dissolution of the council the governor shall appoint a date not more than six months or, with the sanction, of. the Secretary of State, not more than nine months from the date of dissolution for the next session of the council.
(2) A governor may appoint such times and' places for holding the sessions of his legislative council as he thinks fit, and may also, by notification cr otherwise, prorogue the council.
(3) Any meeting of a governor's legislative council may be adjourned by the person presiding.
(4) All questions in a governor's legislative council shall be determined by a majority of votes of the members present other than the person presiding, who shall, however, have and exercise a casting vote in the case of an equality of votes.]
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1. Section 72B & 72C were inserted by Part I of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 10).
1 [72C. Presidents of governors' legislative councils
(1) There shall be a president of governor's legislative council, who shall, until the expiration of a period of four years from the first meeting of the council as constituted under this Act, be a person appointed by the governor, and shall thereafter be a member of the council elected by the council and approved by the governor:
Provided that, if at the expiration of such period of four years the council is in session, the president then in office shall continue in office until the end of the current session, and the first election of a president shall take place at the commencement of the next ensuing session.
(2) There shall be a deputy president of a governor's legislative council who shall preside at meetings of the council in the absence of the president, and who shall be a member of the council elected by the council and approved by the governor.
(3) The appointed president of a council shall hold office until the date of the first election of a president by the council under this section, but he may resign office by writing under his hand addressed to the governor, or may be removed from office by order of the governor, and any vacancy occurring before the expiration of the term of office pf an appointed president shall be filled by a similar appointment for the remainder of such term.
(4) An elected president and a deputy-president shall cease to hold office on ceasing to be members of the council. They may resign office by writing under their hands addressed to the governor,' and may be removed from office by a vote of the council with the concurrence of the governor.
(5) The president and the deputy-president shall receive such salaries as may be determined in the case of an appointed president, by the governor, and in the case of an elected president or deputy-president, by Act of the local legislature.]
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1. Section 72B & 72C were inserted by Part I of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 10).
1 [72D. Business and procedure in governors' leg'slative councils
(1) The provision contained in this section shall have effect with respect to business and procedure in governor's legislative councils.
(2) The estimated annual expenditure and revenue of the province shall be laid in the form of a statement before the council in each year, and the proposals of the local government for the appropriation of provincial revenues and other moneys in any year shall be submitted to the vote of the council in the form of demands for grants. The council may assent, or refuse its assent,to a demand, or may reduce the amount therein referred to cither by a reduction of the whole grant or by the omission or reduction of any of the items of expenditure of which the grant is composed. Provided that--
(a) the local government shall have power, in relation to any such demand, to act as if it had been assented to, notwithstanding the withholding of such assent or the reduction of the amount therein referred to, if the demand relates to a reserved subject, and the governor certifies that the expenditure provided for by the demand is essential to the discharge of his responsibility for the subject; and
(b) the governor shall have power in cases of emergency to authorise such expenditure as may be in his opinion necessary for the safety or tranquillity of the province, or for the carrying on of any department; and
(c) no proposal for the appropriation of any such revenues or other moneys for any purpose shall be made except on the recommendation of the governor, communicated to the council.
(3) Nothing in the foregoing sub-section shall require proposals to be submitted tothe council relating to the following heads of expenditure:--
(i) contributions payable by the local government to the Governor-General in Council; and
(ii) interest and sinking fund charges on loans ; and
(iii) expenditure of which the amount is prescribed by orunder any law; and
(iv) salaries and pensions of persons appointed by or with the approval of His Majesty or by the Secretary of State in Council; and
(v) salaries of judges of the high court of the province and of the advocate-general.
(4) If any question arises whether any proposed appropriation of moneys does or does not relate to the above heads of expenditure, the decision of the governor shall be final.
(5) Where any Bill has been introduced or is proposed to be introduced or any amendment to a Bill is moved or proposed to be moved; the governor may certify that the Bill or any clause of it or the amendment affects the safety or tranquillity of his province or any part of it or of another province, and may direct that no proceedings or no further proceedings shall be taken by the council in relation to the Bill, clause or amendment, and effect shall be given to any such direction.
(6) Provision may be made by rules under this Act for the purpose of carrying into effect the foregoing provisions of this section and for regulating the course of business in the council, and as to the persons to preside over meetings thereof in the absence of the president and deputy-president, and the preservation of order at meetings; and the rules may provide for the numbej of membefs required to constitute a quorum and for prohibiting or required to constitute a quorum and for prohibiting or regulating the asking of questions on and the discussion of any subject specified in the rules.
(7) Standing orders may be made providing for the conduct of business and the procedure to be followed in the council, in so far as these matters are not provided for by rules made under this Act. The first standing orders shall be made under this Act. The first standing orders shall be madeby the governor in council, but may, subject to the assent of the governor, be altered by the local legislatures. Any standing order made as aforesaid, which is repugnant to the provisions of any rules made under this Act, shall, to the extent of that repugnancy but not otherwise, be void.
(8) Subject to the rules and standing orders affecting the council, there shall be freedom of speech in the governors' legislative-councils. No person shall be liable to any proceedings in any court by reason of anything contained in any official report of the proceedings of any such council.]
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1. Section 72 D was inserted by Part I of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101).
1 [72E. Provision for case of failure to pass legislation in governor's legislative councils
(1) Where a governor's legislative council has refused leave to introduce, or has failed to pass in a form recommended by the governor, any Bill relating to a reserved subject, the governor may certify that the passage of the Bill is essential for the discharge of his responsibility for the subject, and thereupon the Bill shall, notwithstanding that the council have not consented thereto be deemed to have passed, and shall on signature by the governor become an Act of the local legislature in the form of the Bill as originally introduced or proposed to be introduced in the council or (as the case may be) in the form recommended to the council by the governor.
(2) Every such Act shall be expressed to be made by the governor, and the governor shall forthwith send an authentic copy thereof to the Governor-General, who shall reserve the Act for the signification of His Majesty's pleasure, and upon the signification of such assent by His Majesty in Council, and the notification thereof by the Governor-General, the Act shall have the same force and effect as an Act passed by the local legislature and duly assented to:
Provided that where in the opinion of the Governor-General a state of emergency exists which justifies such action, he may, instead of reserving such Act, signify his assent thereto, and thereupon the Act shall have such force and effect as aforesaid, subject however to disallowance by His Majesty in Council.
(3) An Act made under this section shall, as soon as practicable after being made, be laid before each House of Parliament and an Act which is required to be presented for His Majesty's assent shall not be so presented until copies thereof have been laid before each House of Parliament for not less than eight days on which that House has sat.]
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1. Section 72E was inserted by Pant I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
73 to 80. (b) Lieutenant-Governors' and Chief Commissioners' Provinces
73. Legislative councils of lieutenant-governors and chief commissioners
(1) For purposesof legislation, the council of 1 [* * *] a lieutenant-governorhaving an executive councilshallconsist of the members of his executive council 2 [and of members nominated or elected as hereinafterprovided].
3 (2)* * *
(5) Thelegislative council of a lieutenant-governor not having an executive council,or "of a chief commissioner, shall consist of members nominated or elected 4 [as hereinafter provided].
5 (4)* * *
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1. The words "a governor, or of" were omitted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. These words weresubstitutedfor the words "with the addition of members nominated or elected in accordance with rules made under thisAct" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
3. Sub-section (2); was omitted by Part III of Part II ofSch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
4. These words were substituted for the words 'in accordance withrules (made under this Act" by Part II of Part II of Sch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).
5. Sub-section (4) was omitted by Part II ofSch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).
74. [Omitted]
[Constitutionof legislative councils in Bengal, Madras and Bombay.] Omitted by Part II ofSchedule 11 of 9 and 10 Geo. 5, Ch. 101.
75. [Omitted]
[Meetingsof legislative councils of Bengal, Madras and Bombay.] Omitted by Part II ofSchedule II of 9 and 10 Geo. 5, Ch. 101.
76. Constitution of legislative councils of lieutenant-governors and chief commissioners
(1) Thenumber of members nominated or elected to the legislative council of alieutenant-governor or chief commissioner the number of such members requiredto constitute a quorum, the term of office of such members, and the manner offilling casual vacancies occurring by reason of absence from India, inabilityto attend to duty, death, acceptance of office, or resignation duly accepted,or otherwise shall, in the case of each such council, be such as may be prescribedby rules made under this 1 [section].
2 [Provided that the number of members sonominated or elected shall not, in the case of the legislative council of alieutenant-governor, exceed one hundred.]
(2) Atleast one-third of the persons so nominated or elected to the legislativecouncil of a lieutenant-governor or chief commissioner must be 3 [non-officials.]
(3) TheGovernor-General in Council may, with the approval of the Secretary of State inCouncil, make rules as to the conditions under which and manner in whichpersons resident in India may be nominated or elected members of any of thoselegislative councils and as to the qualifications for being and for beingnominated or elected, a member of any of those councils, and as to any othermatter for which rules are authorised to be made under this section, and as tothe manner in which those rules are be carried into effect.
4 [(3a) Rules made under this section mayprovide for the final decision of doubts or disputes as to the validity of anelection.]
4 [(3b) Subject to any rules made underthis section, any person who 13 a ruler or subject of any state in India shallbe eligible to be nominated a member of a legislative council.]
(4) Allrules made under this section shall be laid before both Houses of Parliament assoon as may be after they are made, and those rules shall not be subject torepeal or alteration by the 5 [Indian legislature or the locallegislature.]
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1. This word was substituted by Part II of Sch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).
2. This proviso was substituted by Part II of Sch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).
3. This word was substituted for the words "persons not in thecivil or military service of the Crown in India" by Part II of Sch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
4. Sub-sections (3a) and (3b) were inserted by section 1 (2) of theGovernment of India (Amendment) Act, 1916 (6 &. 7, Geo. 5, Ch. 37).
5. These words were substituted for the words ''Governor-General inLegislative Council" by Part II of Sch. II of the Government of India Act,1919 (9 & 10 Geo. 5, Ch. 101).
77. Power to constitute local legislatures in lieutenant-governors' and chief commissioners' provinces
(1) When a newlieutenant-governorship is constituted under this Act, the Governor-General inCouncil may, by notification, with the sanction of His Majesty previously signified by the Secretary of State in Council,constitute the lieutenant-governor in legislative council of the province, asfrom a date specified in the notification, a local legislature for that province,and define the limits of the province for which the lieutenant-governor inlegislative council is to exercise legislative powers.
(2) TheGovernor-General in Council may, by notification, extend the provisions of thisAct relating to legislative councils of lieutenant-Governors, subject to such modifications andadaptations as he may consider necessary to any province for the time beingunder a chief commissioner.
78. Meetings of legislative councils of lieutenant-governors and chief commissioners
(1)1 [Alieutenant-governor or a chief commissioner who has a legislative council mayappoint such times and places for holding the session of his legislative council as he thinks fit,and may also, by notification or otherwise, prorogue the council, and any meeting of the legislative council of a lieutenant-governor or chiefcommissioner may be adjourned by the person presiding.] Everylieutenant-governor who has no executive council, and every chief commissionerwho has a legislative council,shallappoint a member of his legislative council to bevice-president thereof.
(2) In theabsence of the lieutenant-governor or chief commissioner from any meeting of his legislative council the person to preside thereat shall be, the vice-President of thecouncil, or, in his absence, the member of the council who is highest in official rank among thoseholding office under the Crown who are present at the meeting, or, during the discussion of theannual financial statement or of any matter of general public interest, 2 [orWhen questions are asked] the vice-president, or the member appointed to preside3 [***].
4 [(3) All questions at ameetingof the legislative council of a lieutenant-governor or chief commissioner shall be determined by a majority of votes of the members present other than the lieutenant-governor, chiefCommissioner, or presidingmember,who shall, however,have and exercise a casting vote in case of an equality of votes.]
4 (4) Subject to rulesaffecting the council, thereshallbe freedom of speech in the legislative councils of lieutenant-governors andchief commissioners. No personshallbe liable to any proceedings in any court by reason of his speech or vote in those councils, or byreason of anything contained in any official report of the proceedings of thosecouncils.]
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1. These words were inserted by Part II of Sch. II of the Government of India Act, 1919 (9 & 10Geo. 5, Ch. 101).
2. These words were inserted by Sch. I of the Government of India(Amendment) Act 1916 (6&7 Geo. 5 Ch. 37).
3. Part II of Sch. II of Government ofIndia Act. 1919 (9&10 Geo. 5. Ch. 101).
4. Sub-sections (3) and (4) were substituted for sub-section (,?) bySch. I of the Governmentof India (Amendment) Act 1916 (6&7 Geo. 5 Ch. 37).
79. [Omitted]
[Powers of local legislatures].--Omitted by Part II of Sch, II of 9 and 10 Geo. 5, Ch. 101.
80. Business at meetings of councils of lieutenant-governors and chief commissioners
(1) At a meeting of a local legislative council1 [otherthan a governor's legislative council] no motion shall be entertainedotherthan a motion for leave to introduce a measure into the council for the purpose of enactment, or havingreference to a measure, introduced or proposed to be introduced intothe council for that purpose or having inference to some rule for the conductof business in the council and no business shall be transacted other than theconsideration of those motions or the alteration of those rules.
2 (2)* * *
(3)Notwithstanding anything in the foregoing provisions of this section, the localGovernment 3 [of a province other than a governor's province] may,with the sanction of the Governor-General in Council, make rules authorising,at any meeting of the local legislative council, the discussion of the annualfinancial statement of the local government, and of any matter of generalpublic interest, and the asking of questions, under such conditions andrestrictions as may be prescribed in the rules. Rules made under this sub-sectionfor any council to preside at any such discussion 4 [or whenquestions are asked] in the place of the 5 [ * ] lieutenant-governoror chief commissioner as the case may be, and of the vice-president, andshallbe laid before both Houses of Parliament as soon as may be after they are made,and shall not be subject to repeal or alteration by the 6 [Indianlegislature] of the local legislature.
7 [(4) The local government of anyprovince (other than a governor's province) for which a local legislativecouncil is hereafter constituted under this Act shall, before the first meetingof that council, and with the sanction of the Governor-General in Council, makerules for the conduct of legislative business in that council (including rulesfor prescribing the mode of ptomulgation and authentication of laws passed bythat council).]
8 [(5) The local legislature of any suchprovince may, subject to the assent of the lieutenant-governor or chiefcommiss'oner, alter the rules for the conduct of legislative business in thelocal council (including rules prescribing the mode of promulgation andauthentication of laws passed by the council, but any alteration so made may bedisallowed by the Governor-General in Council and if so disallowed shall haveno effect.]
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1. These words were inserted bySch. I of the Government of India(Amendment) Act 1916 (6&7 Geo. 5 Ch. 37).
2. Sub-sec. (2) was omitted bySch. I of the Governmentof India (Amendment) Act 1916 (6&7 Geo. 5 Ch. 37).
3. These words were inserted bySch. I of the Government of India(Amendment) Act, 1916 (6&7 Geo. 5 Ch. 37).
4. These words were inserted bySch. I of the Government of India(Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
5. The word 'governor' was omitted by Part II ofSch. II of theGovernment of India Act 1919 (9&10 Geo 5. Ch. 101).
6. These words weresubstitutedfor the words ''Governor-General in Legislative Council" by Part II of Sch. II of the Government of India Act 1919 (9&10 Geo 5. Ch. 101)..
7. Sub-sections (4) and (5) were inserted by Part II ofSch. II of the Government of India Act 1919 (9&10 Geo 5. Ch. 101).
8. Section 80A was insertedby Part I of Part II of Sch. II of the Government of India Act 1919 (9&10 Geo 5. Ch. 101).
80A to 83. (C) General
1 80A. Powers of local legislatures
(1) The local legislature of any province has power, subject to the provisions of this Act, to make laws for the peace and good government of the territories for the time being constituting that province.
(2) The local legislature of any province mav, subject to the provisions of the sub-section next following, repeal or alter as to that province any law made either before or after the commencement of this Act by any authority in British India other than that local legislature.
(3) the local legislature of any province, may not, without the previous sanction of the Governor-General, make or take into consideration any law--
(a) imposing or authorising the imposition of any new tax unless the tax is a tax scheduled as exempted from this provision by rules made under this Act; or
(b) affecting the public debt of India, or the customs duties, or any other tax or duty for the time being in force and imposed by the authority of the Governor-General in Council for the general purposes of the Government of India; provided that the imposition of alteration or a tax scheduled as aforesaid shall not be deemed to affect any such tax or duty; or
(c) affecting the discipline or maintenance of any part of his Majesty's naval, military, or air forces; or
(d) affecting the relations of the government with foreign princes or states; or
(e) regulating any central subject; or
(f) regulating any provincial subject which has been declared by rules under this Act to be, cither in whole or a part, subject to legislation by the Indian legislature in respect of any matter to which such declaration applies ; or
(g) affecting any power expressly reserved to the Governor-General in Council by any law for the time being in force; or
(h) altering or repealing the provisions of any law which, having been made before the commencement of the Government of India Act, 1919, by any authority in British India other than that local legislature, is declared by rules under this Act to be a law which cannot be repealed or altered by the local legislature without previous sanction; or
(i) altering or repealing any provision of an Act of the Indian legislature made after the commencement of the Government of India Act, 1919, which by the provisions of such first mentioned Act may not be repealed or altered by the local legislature without previous sanction:
Provided that an Act or a provision of an Act made by a local legislature, and subsequently assented to by the Governor-General in pursuance of this Act shall not be deemed invalid by reason only of its requiring the previous sanction of the Governor-General under this Act,
(4) The local legislature of any province has not power to make any law affecting any Act of Parliament.]
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1. Sections 80B and 80C were inserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [80B. Vacation of seats in local legislative councils
An official shall not be qualified for election as a member of a local legislative council, and if any non-official member of a local legislative council, whether elected or nominated, accepts any office in the service of the Crown in India, his seat on the council shall become vacant:
Provided that for the purposes of this provision a minister shall not be deemed to be an official and a person shall not be deemed to accept office on appointment as a minister. ]
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1. Sections 80B and 80C were inserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [80C. Financial proposals
It shall not be lawful for any member of any local legislative council to introduce, without the previous sanction of the governor, lieutenant-governor or chief commissioner, any measure affecting the public revenues of a province, or imposing any charge on those revenues.]
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1. Sections 80B and 80C were inserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
81. Assent to Bills
(1) When1 [a Bill] has been passed 2 [by] a local legislativecouncil, the governor, lieutenant-governor or chief commissioner, 3 [****]may declare that he assents to or withholds his assent from the 4 [Bill].
(2) Ifthe governor, lieutenant-governor or chief commissioner withholds his assentfrom any such 4 [Bill], the 4 [Bill] 5 [shallnot become an Act.]
(3) Ifthe governor, lieutenant-governor or chief commissioner assents to any such 4 [Bill],he shall forthwith send an authentic copy of the Act to the Governor-General,and the Act shall not have validity until the Governor-General has assentedthereto and that assent has been signified by the Governor-Genral to, andpublished by, the governor, lieutenant-governor or chief commissioner.
(4) Wherethe Governor-General withholds his assent from any such Act, he shall signifyto the governor, lieutenant-governor or chief commissioner in writing hisreason for so withholding his assent.
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1. These words were substituted for the words "an Act" by Part I ofSch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
2. This word was substituted for the words "at a meeting of"by PartI of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
3. The words "whether he was or was not present in council at thepassing of the Act were omitted by Part III of Part I of Sch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).
4. This word substituted for the word "Act" by Part II of Part I ofSch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
5. These words were substituted for the words "has noeffect" by of Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 81A. Return and reservation of Bills
(1) Where a Bill has been passed by a local legislative council, the governor, lieutenant-governor or chief commissioner may, instead of declaring that he assents to or withholds his assent from the Bill, return the Kill to the council for reconsideration, either in whole or in part, together with any amendments which he may recommend, or, in cases prescribed by rules under this Act, may, and if the rules so require, shall, reserve the Bill for the consideration of the Governor-General.
(2) Where a Bill is reserved for the consideration of the Governor-General, the following provisions shall apply:--
(a) The governor, lieutenant-governor or chief commissioner may, at any time within six months from the date of the reservation of the Bill, with the consent of the Governor-General, return the Bill for further consideration by the council with the recommendation that the council shall consider amendments thereto:
(b) After any Bill so returned has been further considered by the council, together with any recommendations made by the governor, lieutenant-governor or chief commissioner relating thereto, the Bill, if re-affirmed with or without amendment, maybe again presented to the governor, lieutenant-governor or chief commissioner:
(c) Any Bill reserved for the consideration of the Governor-General shall, if assented to by the Governor-General within a period of six months from the date of such reservation, become law on due publication of such assent, in the some way as a Bill assented to by the governor, lieutenant-governor or chief commissioner, but if not assented to by the Governor-General within such period of six months, shall lapse and be of no effect unless before the expiration of that period either--
(i) the Bill has been relumed by the governor, lieutenant-governor or chief commissioner for further consideration by the council; or
(ii) in the case of the council not being in session, a notification has been published of an intention so to return, the Bill at the commencement of the next session.
(3) The Governor-General may (except where the Bill has been reserved for his consideration), instead of assenting to or withholding his assent from any Act passed by a local legislature, declare that he reserves the Act for the signification of His Majesty's pleasure thereon, and in such case the Act shall not have validity until His Majesty in Council has signified his assent and his assent has been notified by the Governor-General.]
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1. Section 61 A was inserted by Part I of Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
82. Power of Crown to disallow Acts of local lagislatures
(1) When1 [an Act] has been assented to by the Governor- General, he shallsend to the Secretary of State an authentic copy thereof, and it shall belawful for His Majesty 2 [in Council] to signify 3 [* *] hisdisallowance of 4 [the Act].
(2)Where the disallowance of [an ActJ has been so signified, the governor,lieutenant-governor or chief commissioner shall forthwith notify thedisallowance, and thereupon the Act, as from the date of the notification, shallbecome void accordingly.
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1. These words weresubstitutedfor the words "any such Act" by Part II of Sch. II of the Governmentof India Act, 1919 (9&10 Geo. 6, Ch. 101).
2. These words were inserted by Part II of the Government of India Act 1919 (9&10 Geo. 5, Ch. 101).
3. The words "through the Secretary of State in Council" wereomitted by Part II of the Government of India Act 1919 (9&10 Geo. 5, Ch. 101).
4. These words weresubstitutedfor the words "any such Act" by Part II of the Government of IndiaAct 1919 (9&10 Geo. 5, Ch. 101).
83. [Omitted]
[Rulesfor conduct of legislative business.]--Omitted by Part II of Schedule II of 9and 10 Geo. 5, Ch. 101.
84. Removal of doubts as to validity of certain Indian laws
(1) Alaw made by any authority in British India shall not be deemed invalid solelyon account of any one or more of the following reasons:--
(a) inthe case of 1 [an Act of the Indian legislature] 2 [ora local legislature], because it affects the prerogative of the Crown; or
(b) inthe case of any law, because the requisite proportion of 3 [non-officialmembers] was not complete at the date of its introduction into the council orits enactment; or
(c) inthe case of 4 [an Act of] a local legislature, because it confers onmagistrates, being justices of the peace, the same jurisdiction over European Britishsubjects as that legislature, by Acts duly made, could lawfully confer onmagistrates in the exercise of autharity over other British subjects in thelike cases.
5 [A law made by any authority in BritishIndia and repugnant to any provision of this or any other Act of Parliament shall,to the extent of that repugnancy, but not otherwise, be void.]
6 [(2) Nothing in the Government of IndiaAct, 1919, or this Act, or in any rule made thereunder, shall be construed asdiminishing in any respect the powers of the Indian legislature as laid down insection sixty-five of this Act, and the validity of any Act, of the Indianlegislature or any local legislature shall not be open to question in any legalproceedings on the ground that the Act affects a provincial subject, or acentral subject, as the case may be, and the validity of any Act made by thegovernor of a province shall not be so open to question on the ground that itdoes not relate to a reserved subject.
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1. These words weresubstitutedfor the words "a law made by the Governor-General in LegislativeCouncil" by Part II of the Government of India Act 1919 (9&10 Geo. 5, Ch. 101).
2. These words were inserted by section 2 (2) of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
3. These words were substituted for the words ''members notholding office under the Crown in India" by Part II of Sch. II of theGovernment of India Act, 1919 (0&10 Geo. 5, Ch. 101).
4. These words were substituted for the words a law madeby" by Part II of Sch. II of the Government of India Act, 1919 (0&10 Geo. 5, Ch. 101).
5. These words were inserted by the Government of India (Amendment)Act, 1916.
6. This sub-section wasinserted by the Government of India Act, 1919.
PART VIA. STATUTORY COMMISSION
1 [84A. Statutory commission
(1) At the expiration of ten years after the passing of the Government of India Act, 1919, the Secretary of State with the concurrence of both Houses of Parliament shall submit for the approval of His Majesty the names of persons to act as a commission for the purposes of this section.
(2) The persons whose names are so submitted, if approved by His Majesty, shall be a commission for the purpose of enquiring into the working of the system of government, the growth of education, and the development of representative institutions, in British India, and matters connected therewith, and the commission shall report as to whether and to what extent it is desirable to establish the principle of responsible government, or to extend, modify, or restrict the degree of responsible government, then existing therein, including the question whether the establishment of second chambers of the local legislatures is or is not desirable.
(3) The commission shall also inquire into and report on any other matter affecting British India and the provinces, which may be referred to the commission by His Majesty.]
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1. Section 84A was inserted by Part I of Sch. II of the Government of India (Amendment) Act, 1919 (9&10 Geo. 5, Ch. 101).
PART VII. SALARIES, LEAVE OF ABSENCE, VACATION OF OFFICE, APPOINTMENTS, ETC
85. Salaries and allowances of Governor-General and certain other officials in India
(1) There shall be paid to the Governor-General of India, and to the other persons mentioned in the Second Schedule to this Act, out of the revenues of India, such salaries, not exceeding in any case the maximum specified in that behalf in that Schedule, and such allowances (if any) for equipment and voyage, as the Secretary of State in Council may by order fix in that behalf, and, subject to or in default of any such order, as are payable at the commencement of this Act :
(2) Provided as follows:--
(a) an order affecting salaries of members of the Governor-General's executive council may not be made without the concurrence of a majority of votes at a meeting of the Council of India;
(b) if any person to whom this section applies holds or enjoys any pension or salary, or any office of profit under the Crown or under any public office, his salary under this section shall be reduced by the amount of the pension, salary or profits of office so held or enjoyed by him:
(c) nothing in the provisions of this section with respect to allowances shall authorise the imposition of any additional charge on the revenues of India.
(3) The remuneration payable to a person under this section shall commence on his taking upon himself the execution of his office, and shall be the whole profit or advantage which he shall enjoy from his office during his continuance therein:
1 [Provided that nothing in this sub-section shall apply to the allowances or other forms of profit and advantage which may have been sanctioned for such persons by the Secretary of State in Council.]
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1. This proviso was inserted by Part III of Sch. II of the Government of India Act, 1916 (9&10 Geo. 5, Ch. 101).
86. Leave of absence to members of executive Councils
(1) The Governor-General in Council maygrant to any of the 1 [*] members of his executive council 2 [otherthan the Commander-in-Chief)], and a governor in council 3 [and alieutenant-governor in council] may grant to any member of his executivecouncil, leave 01 absence under medical certificate for a period not exceedingsix months.
(2)Where a member of council obtains leave of absence in pursuance of thissection, he shall retain his office during his absence, and shall on his return and resumption ofhis duties be entitled to receive half his salary for the period of hisabsence; but if his absence exceeds six months his office shall become vacant.
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1.The word "ordinary" was omittedby Part II of Part III of Sch. II of the Government of India Act, 1916 (9&10 Geo. 5, Ch. 101).
2.Thesewords were inserted by Part III of Sch. II of the Government of India Act, 1916 (9&10 Geo. 5, Ch. 101).
3.Thesewords were inserted by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
87. Provisions as to absence from India
(1) If the Governor-General, or agovernor, or the Commander-in-Chief of His Majesty's forces in India and, 1 [save in the case ofabsence on special duty or on leave under a medical certificate] if any 2 [*]member of the executive council of the Governor-General, 3 [(otherthan the Commander-in-Chief) ] or any member of the executive council of agovernor 4 or of a lieutenant-governor] departs from India, intendingto return to Europe, his office shallthereupon become vacant.
5 (2)--(5)* * * * * * * * *.
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1.These words were substituted for the words "subject tothe foregoing provisions of this Act as to leave of absence" by Part IIIof Sch. II of the Government of India Act, 1919 (9&11 Geo. 5, Ch. 101).
2.The word 'ordinary" was omitted byPart II of Part III of Sch. II of the Government of India Act, 1919 (9&11 Geo. 5, Ch. 101).
3.Those words were inserted by Part III ofSch. II of the Government of India Act, 1919 (9&11 Geo. 5, Ch. 101).
4.Thesewords were inserted by Part III of Sch. II of the Government of India Act, 1919 (9&11 Geo. 5, Ch. 101).
5.Sub-sections (2), (3), (4) & (5) were repealed by Sch. II of theGovernment of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
88. [Omitted]
[Conditional appointments.]--Omitted by Part III of Sch. II of 9 and 10Geo. 5, Ch. 101.
89. Power for Governor-General to exercise powers before taking seat
(1) If any person 1 [***]appointed 2 [the office of Governor-General], is in India on orafter the event on which he is to succeed, and thinks it necessary to exercisethe powers of Governor-General before he takes his seat in council, he may makeknown by notification his appointment and his intention to assume the office ofGovernor-General.
(2) After the notification, andthenceforth until he repairs to the place where the council may assemble, hemay exercise alone all or any of the powers which might be exercised by theGovernor-General in Council.
(3) Allacts done in the council after the date of the notification, but before thecommunication thereof to the council,shall be valid, subject,or alteration by the person who has so assumed the office of Governor-General.
(4) When the office of Governor-Generalis assumed under the fore-going provision, the vice-president, or, if he isabsent, the senior 3 [member of the Council (other than theCommander-in-Chief)] then present, shallpreside therein, with the same powers as the Governor-General would have had ifpresent.
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1.The words "entitled under aconditional appointment to succeed to the office of Governor-General or"were omitted by Part III of Sch. II of the Government of India Act. 191919&10 Geo. 5, Ch. 101).
2.The word "absolutely" wasomitted by of Part III of Sch. II of the Government of India Act. 191919&10 Geo. 5, Ch. 101).
3. These words were substituted for the words "ordinary member of the council" by Part II ofPart III of Sch. II of the Government of India Act. 191919&10 Geo. 5, Ch. 101).
90. Temporary vacancy in office of Governor-General
(1) If a vacancy occurs in the officeof Governor-General when there is no 1 [***] successor in India tosupply the vacancy, the governor 2 [of a presidency] who was firstappointed to the office of governor 2 [of a presidency] by His Majesty shall hold and execute the office of Governor-General until asuccessor arrives or until some person in India is duly appointed thereto.
(2)Every such acting Governor-General, while acting as such, shall have and may exercise all therights and powers of the office of Governor-General, and shall be entitled to receive the emoluments and advantagesappertaining to the office, foregoing the salary and allowances appertaining tohis office of governor; and his office of governor shall be supplied, for the time during which he acts asGovernor-General, in the manner directed by this Act with respect to vacanciesin the office of governor.
(3) If, on the vacancy occurring, itappears to the governor, who by virtue of this section holds and executes theoffice of Governor-General, necessary to exercise the powers thereof before hetakes his seat in council, he may make known by notification his appointment,and his intention to assume the office of Governor-General, and thereupon theprovisions of 3 [section eighty-nine of this Act] 4 [***] shall apply.
(4) Until such a governor has assumedthe office of Governor-General if no 5 [***] successor is on thespot to supply such vacancy, the vice-president, or, if he is absent the senior 6 [*] member of the executive council [(other than theCommander-in-Chief)] shall holdand execute the office of Governor-General until the vacancy is filled inaccordance with the provisions of this Act.
(5)Every vice-president or other memberof council so acting as Governor-General, while so acting, shall have and may exercise all therights and powers of the office of Governor-General and shall be entitled to receive the emoluments and advantagesappertaining to the office, foregoing his salary and allowances as member ofcouncil for that period.
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1. These words conditional or other" were omitted by Part III of Sch.II of the Government of India Act. 191919&10 Geo. 5, Ch. 101).
2. These words were inserted by Part II ofPart III of Sch. II of the Government of India Act. 191919&10 Geo. 5, Ch. 101).
3.These words weresubstitutedfor the words, 'this Act" Part III of Sch. II of the Government of IndiaAct, 1919 (9&10 Geo. 5, Ch. 101).
4. The words "respecting theassumption of the office by a person conditionally appointed succeedthereto" were omitted by Part III of Sch. II of the Government of IndiaAct, 1919 (9&10 Geo. 5, Ch. 101).
5.The words ''conditional or other" were omitted by Part III of Sch. II of the Government of IndiaAct, 1919 (9&10 Geo. 5, Ch. 101).
6. The words "ordinary" wasomitted by Part II of Part III of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
91. Temporary vacancy in office of governor
(1) If a vacancy occurs in the officeof governor when no 1 [***] successor is on the spot to supply thevacancy, the vice-president, or, if he is absent, the senior member of thegovernor's executive council, or, if there is no council, the chief secretaryto the local government, shallhold and execute the office of governor until a successor arrives, or untilsome other person on the spot isduly appointed thereto.
(2)Every such acting governor shall,while acting as such, be entitled to receive the emoluments and advantagesappertaining to the office of governor, foregoing the salary and allowancesappertaining to his office of member of councilor secretary.
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1.These words were inserted by Part III of Sch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).
92. Temporary vacancy in office of member of an executive council
(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).
93. Vacancies in legislative councils
(1) Anominated or elected member of 1 [either chamber of the Indianlegislature] or of a local legislative council lay resign his office to theGovernor-General or, to the governor, lieutenant-governor or chiefcommissioner, as the case may be, and on the acceptance of the resignation theoffice shall become vacant.
(2) Iffor a period of two consecutive months any such member is absent from India orunable to attend to the duties of his office, the Governor-General, governor,lieutenant-governor or chief commissioner) as the case may be, may, bynotification published in the government gazette, declare that the seat incouncil of that member has become vacant.
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1. These words were substituted for the words "the IndianLegislative Council" by Part II of Sch. II of the Government of India Act,1919 (9&10 Geo. 5, Ch. 101).
94. Leave
Subjectto the provisions of this Act, the Secretary of State in council may, with theconcurrence of a majority ofvotes at a meeting of the Council of India, make rules as to the absence onleave 1 [or special duty] of persons in the service of the Crown inIndia, and the terms as to continuance, variation or cessation of pay, salaryand allowances on which any such 2 [absence may be permitted].
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1. These words were inserted by Sch. I ofthe Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
2. These words were substituted for the words "leave may begranted" by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
95. Power to make rules as to Indian military appointments
(1) The Secretary of State in Council,with the concurrence of a majorityof votes at a meeting of the Council of India, may make rules for distributingbetween the several authorities in India the power of making appointments toand promotions in 1 [military] officers and servants suspended orremoved by any of those authorities.
(2) Subject to such rules, allappointments to 2 [military] offices and commands in India, and all 32 [military]promotions, which by law, or under any regulations, usage or custom, are, atthe commencement of this Act, made by any authority in India, shall, subject to the qualifications, conditions, and restrictions, thenaffecting such appointments and promotions, respectively, continue to be madein India by the like authority.
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1. These words were substituted for the words "leave may begranted" by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
2. This word was inserted by Part II ofSch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).
96. No disabilities in respect of religion, colour or place of birth
Nonative of British India, nor any subjectof His Majesty resident therein, shall, by reason only of hisreligion, place of birth, descent, colour, or any of them lie disabled fromholding any office under the Crown in India.
1 [96A. Qualification of rulers and subjects of certain states for office
Notwithstanding anything in any other enactment, the Governor-General in Council, with the approval of the Secretary of State in Council, may, by notification, declare that subject to any conditions or restrictions prescribed in the notification, any named ruler or subject of any state in India shall be eligible for appointment to any civil or military office under the Crown to which a native of British India may be appointed, or any, named subject of any state or any named member of independent race or tribe, in territory adjacent to India, shall be eligible for appointment to any such military office.]
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1. Section 96A was inserted by section 3 of the Government of India (Amendment) Act 1916 (6 & 7 Geo. 5, Ch Ch. 37).
PART VIIA. THE CIVIL SERVICES IN INDIA
1 [96B. The civil services in India
(1)Subject to the provisions of this Act and of rules made thereunder, every person in the civil service of the Crown in India holds office during His Majesty's pleasure, and may be employed in any manner required by a proper authority within the scope of his duty but no person in that service may be dismissed by any authority subordinate to that by which he was appointed, and the Secretary of State in Council may (except so far as he may provide by rules to the contrary) reinstate any person in that service who has been dismissed.
If any such person appointed by the Secretary of State in Council thinks himself wronged by an order of an official superior in a governor's province, and on due application made to that superior does not receive the redress to which he may consider himself entitled, be may, without prejudice to any other right of redress, complain to the governor of the province in order to obtain justice, and the governor is hereby directed to examine such complaint and require such action to be taken thereon as may appear to him to be just and equitable.
(2) The Secretary of State in Council may make rules for regulating the classification of the civil services in India, the methods of their recruitment, their conditions of services, pay and allowances, and discipline and conduct. Such rules may, to such extent and in respect of such matters as may be prescribed, delegate the power of making: rules to the Governor-General in Councilor to local governments, or authorise the Indian legislature or local legislatures to make laws regulating the public services:
Provided that every person appointed before the commencement of the Government of India Act, 1919, by the Secretary of Stale in Council to the civil service of the Crown in India shall retain all his existing or accruing rights, or shall receive such compensation, for the loss of any of them as the Secretary of State in Council may consider just and equitable.
(3) The right to pensions and the scale and conditions of pensions of all persons in the civil service of the Crown in India appointed by the Secretary of State in Council shall be regulated in accordance with the rules in force at the time of the passing of the Government of India Act, 1919. Any such rules may be varied or added to by the Secretary of State in Council and shall have effect as so varied or added to, but any such variation or addition shall not adversely acect the pension of any member of the service appointed before the date thereof.
Nothing in this section or in any rule thereunder shall prejudice the rights to which any person may, or may have, become entitled under the provisions in relation to pensions contained in the East India Annuity Funds Act, 1874.
(4) For the removal of doubts it is hereby declared that all rules or other provisions in operation at the time of the passing of the Government of India Act, 1919, whether made by the Secretary of State in Council or by any other authority, relating to the civil service of the Crown in India, were duly made in accordance with the powers in that behalf, and are confirmed, but any such rules or provisions may be revoked, varied or added to by rules or laws made under this section.]
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1. Section 96B was inserted by Part I of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101).
1 [96C. Public service commission
(1) There shall be established in India a public service commission, consisting of not more than five members, of whom one shall be chairman, appointed by the Secretary of State in Council. Each member shall hold office for five years, and may be re-appointed. No member shall be removed before the expiry of his term of office, except by order of the Secretary of State in Council. The qualifications for appointment, and the pay and pension (if any) attaching to the office of chairman and member, shall be prescribed by rules made by the Secretary of State in Council.
(2) The public service commission shall discharge, in regard to recruitment and control of the public services in India, such functions as may be assigned thereto by rules made by the Secretary of State in Council].
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1. Section 96C was inserted by Part I of Sch. II of the Government of India Act. 1919(9&10 Geo. 5. Ch. 101).
1 [96D. Financial control
(1) An auditor-general in India shall be appointed by the Secretary of State in Council, and shall hold office during His Majesty's pleasure. The Secretary of
State in Council shall, by rules, make provision for his pay, powers, duties, and conditions of employment, or for the discharge of his duties in the case of a temporary vacancy or absence from duty.
(2)Subject to any rules made by the Secretary of State in Council, no office cay be added to or withdrawn from the public, service, and the emoluments of no post may be varied, except after consultation with such finance authority as may be designated in the rules, being an authority of the province or of the Government of India, according as the post is or is not under the control of a local government]
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1. Sections 96D and 96E were inserted by Part. I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
1 [96E. Rules under Part VII-A
Rules made under this Part of this Act shall not be made except with the concurrence of the majority of votes at a meeting of the Council of India.]
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1. Sections 96D and 96E were inserted by Part. I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
PART VIII. THE INDIAN CIVIL SERVICE
97. Rules for admission to the Indian Civil Service
(1) The Secretaryof State in Council may, with the advice and assistance of the Civil ServiceCommissioners, make rules for the examination, under the superintendence ofthose Commissioners, of British subjects 1 [andof persons in respect of whom a declaration has been made under 2 Section96A of this Act]who are desirous of becoming candidates for appointment to the Indian CivilService.
(2) The rules shall prescribethe age and qualifications of the candidates, and the subjects ofexamination.
3 [(2a) The admission to the Indian Civil Service of a British subject who or whose father or mother wasnot born within His Majesty'sdominions shall be subject to such restrictions as the Stcretary of State in Council, withthe advice and assistance of the Civil Service Commissioners, may think fit toprescribe, and all such restrictions shall be included in the rules.]
(3) All rulesmade in pursuance of this section shall be laid before Parliament withinfourteen days after the making thereof, or, if Parliament is not then sitting,then within fourteen days after the next meeting of Parliament.
(4) The candidates certified to be entitledunder the rules shall be recommended for appointment according to the order of theirproficiency as shown by their examination.
(5) Such personsonly as are so certified may be appointed or admitted to the Indian CivilService by the Secretary of State in Council.
4 [(6) Notwithstanding anything in thissection, the Secretary of State may make appointments to the Indian Civil Serviceof persons domiciled in India, in accordance with such rules as may beprescribed by the Secretary of State in Council with the concurrence of the majority of votes in Council with theconcurrence of the majority ofvotes at a meeting of the Council of India.
Anyrules made under this sub-section shall not have force until they havebeen laid for thirty days before both Houses of Parliament.]
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1. These words were inserted by section 4 of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).
2. These words were substituted for "the last foregoing section" by Part II of Sch. IIof the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101.)
3. This sub-section wasinserted by section 4 of the Government ofIndia (Amendment) Act 1916 (6&7 Geo. 5, Ch. 37).
4. This sub-section wasinserted by Part I of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
98. Offices reserved to the Indian Civil Service
Subjectto the provisions of this Act, all vacancies happening in any of the officesspecified or referred to in the Third Schedule to this Act, and all suchoffices which may be created hereafter,shall be filled from amongst the members of the Indian Civil Service.
99. Power to appoint certain persons to reserved offices
(1) The authorities in India, by whomappointments are made to offices in the Indian Civil Service, may appoint toany such office any person of proved merit and ability domiciled in BritishIndia and born 1 [***] of parents habitually resident in India andnot established there for temporary purposes only, although the person soappointed has not been admitted to that service in accordance with thefore-going provisions of this Act.
(2)Every such appointment shall bemade subject to such rules asnay be prescribed by the Governor-General in Council and sanctioned by theSecretary of State in Council with the concurrence of a majority of votes at a meeting of the Council of India.
(3) TheGovernor-General in Council may, by resolution, define and limit thequalification of persons who may be appointed under this section, but everyresolution made for that purpose shallbe subject to the sanction ofthe Secretary of State in Council, andshall not have force until it has been laid for thirty days before bothHouses of Parliament.
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1. The words "in British India" were repealed by Sch. I of theGovernment of India (Amendment) Act, 1916 (6 & 7 Geo. 5, Ch. 37).
100. Power to make provisional appointments in certain cases
(1) Where it appears to the authorityin India by whom an appointment is to be made to any office reserved to membersof the Indian Civil Service that a person not being a member of that serviceought, under the special circumstances of the case, to be appointed thereto,the authority may appoint thereto any person, who has resided for at leastseven years in India and who has, before his appointment, fulfilled all thetests (if any) which would be imposed in the like case cm a member of thatservice.
(2)Every such appointment shall beprovincial only, and shallforth- with be reported to the Secretary of State, with the special reasons formaking it and, unless the Secretary of State in Council approves theappointment, with the concurrence of amajority of votes at a meeting of the Council of India, and withintwelve months from the date of the appointment intimates such approval to theauthority by whom the appointment was made, the appointment shall be cancelled.
101. Constitution of high courts
(1) The high courts referred to in thisAct are the high courts of judicature for the time being established in BritishIndia by letters patent.
(2) Eachhigh court shall consist of achief justice and as many otherjudges as His Majesty may thinkfit to appoint:
Providedas follows:--
(i) theGovernor-General in Council may appoint persons to act as additional judges ofany high court for such period, not exceeding two years, as may be required;and the judges so appointed shall,whilst so acting, have all the powers of a judge of the high court appointed byHis Majesty under this Act;
(ii) themaximum number of judges of a high court, including the chief justice andadditional judges, shall betwenty.
(3) A judge of high court must be--
(a) a barrister of England or Ireland, or a member of the Faculty ofAdvocates in Scotland, of not less than live years' standing; or
(b) a member of the Indian Civil Service of not less than ten years'standing, and having for at least three years served as, or exercised thepowers of, a district judge; or
(c) a person having held judicial office, not inferior to that of a subordinate judge or a judge of asmall cause court, for a period of not less than five years; or
(d) a person having been a pleader of a high court for a period of not lessthan ten years.
(4) Provided that not less thanone-third of the judges of a high court, including the chief justice, butexcluding additional judges, must De such barristers or advocates as aforesaid,and that not less than one-third must be members of the Indian Civil Service.
(5) Thehigh court for the North-Western Provinces may be styled the high court ofjudicature at Allahabad, and the court at Fort William in Bengal is in this Actreferred to as the high court at Calcutta.
102. Tenure of office of judges of high courts
(1) Every judge of a high court shall hold his office during His Majesty's pleasure.
(2) Anysuch judge may resign his office in the case of the high court at Calcutta, tothe Governor-General, in Council, and inother cases to the local government.
103. Precedence of judges of high courts
(1) Thechief justice of a high court shallhave rank and precedence before theother judges of the same court.
(2) Allthe other judges of a high court shall have rank and precedenceaccording to the seniority of their appointments, unless otherwise provided in their patents.
104. Salaries, etc., of judges of high courts
(1) TheSecretary of State in Council may fix the salaries, allowances, furloughsretiring pensions and (where necessary) expenses for equipment and voyage ofthe chief justices and otherjudges of the several high courts, and may alter them, but any such alteration shall not affect the salary of anyjudge appointed before the date thereof.
(2) Theremuneration fixed for a judge under this section shall commence on his taking upon himself the execution of hisoffice, and shall be the wholeprofit or advantage which he shallenjoy from his office during his continuance therein.
(3) If ajudge of a high court dies during his voyage to India, or within six monthsafter his arrival there, for the purpose of taking upon himself the executionof his office, the Secretary of State,shall pay to his legal personal representatives, out of the revenues ofIndia, such a sum of money as will, with the amount received by or due to himat the time of bis death on account of salary, make up the amount of one year'ssalary.
(4) If a judge of a high court dieswhile in possession of his office and after the expiration of six months fromhis arrival in India for the purpose of taking upon himself the execution of hisoffice, the Secretary of Stale shallpay to his legal personal representatives, out of the revenues of India, overand above the sum due to him at the time of his death, a sum equal to sixmonths' salary.
105. Provision for vacancy in the office of chief justice pr other judge
(1) On the occurrence of a vacancy inthe office of chief justice of a high, court, and during any absence of such achief justice the Governor-General in Council in the case of the high court atCalcutta, and the local government inother cases, shallappoint one of the other judgesof the same high court to perform the duties of chief justice of the courtuntil some person has been appointed by His Majesty to the office of chief justice of the court, and hasentered on the discharge of the duties of that office, or until the chiefjustice has returned from his absence as the case requires.
(2) Onthe occurrence of a vacancy in the office of any other judge of a high court, and during any absence of any suchjudge or on the appointment of any such judge to act as chief justice, theGovernor-General in Council in the case of the high court at Calcutta, and thelocal government in other cases,may appoint a "person, with such qualifications as are required in personsto be appointed to the high court, to as a judge of the court ; and the personso appointed may sit and perform the duties of a judge of the court until someperson has been appointed by His Majestyto the office of judge of the court, and has entered on the discharge of theduties of the office, or until the absent judge has returned from his absence,or ; until the Governor-General in Council or the local government, as the casemay be, sees cause to cancel the appointment of the acting judge.
106. Jurisdiction of high courts
(1) Theseveral high courts are courts of record and have such jurisdiction, originaland appellate, including admiralty jurisdiction, in respect of offencescommitted on the high seas, and all such powers and authority over or inrelation to the administration of justice, including power to appoint clerksand other ministerial officersof the court, and power to make rules for regulating the practice of the court,as are vested in them by letters patent, and, subject to the provisions of any such letters patent, all suchjurisdictions, powers and authority as are vested in those courts respectivelyat the commencement of this Act.
1 [(1a) The letters patentestablishing or vesting jurisdiction, powers or authority in a high court maybe amended from time to time by His Majestyby further letters patent.]
(2) Thehigh courts have not and may not exercise any original jurisdiction in any matter concerning the revenue, orconcerning any act ordered ordone in the collection thereof according to the usage and practice of thecountry or the law for the time being in force.
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1. This sub-section was inserted by Sch. I of the Government of India(Amendment) Act, 19.16 (6 & 7 Geo. 5, Ch. 37).
107. Powers of high court with respect to subordinate courts
Each ofthe high courts has superintendence over all courts for the time being subject to its appellatejurisdiction, and may do any of the following things, that is to say:--
(a) call for returns;
(b) direct the transfer of any suit or appeal from any such court any other court of equal or superiorjurisdiction;
(c) make and issue general rules and prescribe forms for regulating thepractice and proceedings of such courts;
(d) prescribe forms in which books, entries and accounts shall be kept by the officers of anysuch courts; and
(e) settle tables of fees tobeallowed to the sheriff, attorneys and all clerks and officers of courts:
Providedthat such rules, forms and tables shallnot be inconsistent with the provisions of any 1 [law] for the timebeing in force, and shallrequire the previous approval, in the case of the high court at Calcutta, ofthe Governor-General in Council, and inother cases of the local government.
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1. This word was substituted forthe word "Act" by Sch. I of the Government of India (Amendment) Act, 19.16(6 & 7 Geo. 5, Ch. 37).
108. Exercise of jurisdiction by single judges or division courts
(1) Each high court may by its ownrules provide, as it thinks fit, for the exercise, by one or more judges, or bydivision courts constituted by two or more judges, of the high court, of theoriginal and appellate jurisdiction vested in the court.
(2) Thechief justice of each high court shalldetermine what judge in each case is to sit alone, and what judges of thecourt, whether with or without the chief justice, are to constitute the severaldivision courts.
109. Power for Governor-General in Council to alter local limits of jurisdiction of high courts
(1) The Governor-General in Council mayby order, transfer any territoryor place from the jurisdiction of one to the jurisdiction of any other of the high courts, andauthorise any high court to exercise all or any portion of its jurisdiction inany part of British India not included within the limits for which the highcourt was established, and also to exercise to any such jurisdiction in respectof 1 [any British subjectfor the. time being within] any part of India outside British India.
(2) TheGovernor-General in Council shalltransmit to the Secretary of State an authentic copy of every order made under this section.
(3) His Majesty may signify, through theSecretary of State in Council, his disallowance of any such order, and such disallowance shall make void and annual the order as from the clay on which theGovernor-General notifies that he has received intimation of the disallowancebut no act done by any high court before such notification shall be deemed invalid by teasononly of such disallowance.
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1. These words were substituted for the words "Christian subjects of His Majesty resident in" by Sch. I of theGovernment of India (Amendment) Act, (6&7 Geo. 5, Ch. 37).
110. Exemption from jurisdiction of high court
(1) The Governor-General, eachgovernor, 1 [lieutenant-governor and chief commissioner] and each ofthe members of 2 [the executivecouncil of the Governor-General or of a governor or lieutenant-governor] [3 anda minister appointed under this Act],shall not--
(a) be subject to the original jurisdictionof any high court by reason of anything counselled, ordered or done by any of them in his public capacity only; nor
(b) be liable to be arrested or imprisoned in any suit or proceeding in anyhigh court acting in the exercise of its original jurisdiction; or
(c) be subject to theoriginal criminal jurisdiction of any high court in respect of any offence notbeing treason or felony. (2) The exemption under this section from liability toarrest and imprisonment shallextend also to the chief justice andother judges of the several high courts.
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1. These wordswere inserted by Sch. I of the Government of India (Amendment) Act, (6&7 Geo. 5, Ch. 37).
2. These words were substituted for the words "their respective executive councils" bySch. I of the Government of India (Amendment) Act, (6&7 Geo. 5, Ch. 37).
3. These words were inserted by Part II of Sch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
111. Written order by Governor-General justification for act in any court in India
The order in writing of theGovernor-General in Council, for any actshall, in any proceeding, civil or criminal, in any high court acting inthe exercise of its original jurisdiction, be a full justification of the act,except so far as the orderextends to any European British subject, but nothing in this section shall exempt the Governor-General, orany member of his executive council, or any person acting under their orders, from any proceedings inrespect of any such act before any competent court in England.
112. Law to be administered in case of inheritance and succession
Law to be administered
The high courts at Calcutta, Madras and Bombay, in the exercise of their original jurisdiction in suits against inhabitants of Calcutta, Madras or Bombay, as the case may be, shall, in matters of inheritance and succession to lands, rents and goods, and in matters of contract and dealing between party and party, when both parties are subject to the same personal law or custom having the force of law, decide according to that personal law or custom, and when the parties are subject to different personal laws or customs having the force of law, decide according to the law or custom to which the defendant is subject.
113. Power to establish additional high court
Additional High Courts
His Majesty may, if he sees fit, by letters patent, establish a high court of judicature in any territory in British India, whether or not included within the limits of the local jurisdiction of another high court, and confer on any high court so established any such jurisdiction, powers and authority as are vested in or may be conferred on any high court existing at the commencement of this Act; and, where a high court is so established in any area included within the limits of the local jurisdiction of another high court. His Majesty may by letters patent alter those limits, and make such incidental, consequential and supplemental provisions as may appear to be necessary by reason of the alteration.
114. Appointment and powers of advocate-general
Advocate-General
(1) His Majesty may, by warrant under His Royal Sign-Manual, appoint an advocate-general for each of the presidencies of Bengal, Madras and Bombay.
(2) The advocate-general for each of those presidencies may take on behalf of His Majesty such proceedings as may be taken by His Majesty's. Attorney-General in England.
1 [(3) On the occurrence of a vacancy in the office of advocate-general or during any absence or deputation of an advocate-general the Governor-General in Council in the case of Bengal, and the local government in other cases, may appoint a person to act as advocate-general; and the person so appointed may exercise powers of an advocate-general until some person has been appointed by His Majesty to the office and has entered on the discharge of his duties, or until the advocate-general has returned from his absence or deputation, as the case may be, or until the Governor-General in Council or the local government, as the case may be, cancels the acting appointment.]
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1. This sub-section was added by Sch. I of the Government of India (Amendment) Act 1916 (6 & 7 Geo. 5. Ch. 37).
115. Jurisdiction of Indian bishops
(1) The bishops of Calcutta, Madras andBombay have and may exercise within their respective dioceses such episcopalfunctions, and such ecclesiastical jurisdiction for the superintendence andgood government of the ministers of the Church of England therein, as His Majesty may, by letters patent,direct. 1 [His Majestymay also by letters patent make such provision as may be deemed expedient forthe exercise of the episcopal functions and ecclesiastical jurisdiction of thebishop during a vacancy of any of the said sees or the absence of the bishopthereof.]
(2) The Bishopof Calcutta is the Metropolitan Bishop in India, subject nevertheless to the general superintendence and revisionof the Archbishop of Canterbury [and as metropolitan shall have, enjoy, and exercise such ecclesiastical jurisdictionand functions as His Majesty mayby letters patent make such provision as may be deemed expedient for theexercise of such jurisdiction and functions during a vacancy of the See ofCalcutta or the absence of the bishop.]
(3) Eachof the bishops of Madras and Bombay issubject to the Bishop of Calcutta as such Metropolitan, and must at thetime of his appointment to his bishopric, or at the time of his consecration asbishop, take an oath of obedience to the Bishop of Calcutta, in such manner asHis Majesty, by letters patent,may be pleased to direct.
(4) His Majesty may, by letters patent, vary the limits of the diocesesof Calcutta, Madras and Bombay.
(5)Nothing in this Act or in any such letters patent as aforesaid shall preventany person who is or has been bishop of any diocese in India from performingepiscopal functions, not extending to the exercise of jurisdiction, in anydiocese or reputed diocese at the request of the bishop thereof.
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1. These words were inserted by Part III ofSch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch, 101),
116. [Repealed]
[Power to admit to holy orders.] Rep. by Sch. II of 6 & 7 Geo. 5, Ch.37.
117. Consecration of person resident in India appointed to bishopric
If any personunder the degree of bishop is appointed to the bishopric of Calcutta, Madras orBombay, being at the time of his appointment resident in India, the Archbishopof Canterbury, if so required to do by His Majesty by letters patent, may issue a commission under his handand seal, directed to the two remaining bishops, authorising and charging themto perform all requisite ceremonies for the consecration of the person so to beappointed.
118. Salaries and allowances of bishops and archdeacons
(1) The bishops1 [**] ofCalcutta, Madras and Bombay are appointed by His Majesty by letters patent 2 [and the archdeacons ofthese dioceses by their respective diocesan bishops, and there may be paid tothem, or to any of them, out of the revenues of India such salaries andallowances as may be fixed by the Secretary of State in Council; but any powerof alteration under this enactment shallnot be exercised so as to impose any additional charge on the revenues ofIndia.
(2) Theremuneration fixed for a bishop or archdeacon under this section shall commence on his taking upon himselfthe execution of his office, and be the whole profit or advantage which he shall enjoy from his office during hiscontinuance therein, and continue so long as he exercises the functions of hisoffice.
(3)There shall be paid out of therevenues of India the expenses of visitations of the said bishops, but nogreater sum may be issued on account of those expenses than is allowed by theSecretary of State in Council.
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1. The words "and archdeacons" were omitted by Part III of Sch.II of the Government of India Act 1919 (9 & 10 Geo. 5, Ch. 101).
2. These words were inserted by Part III of Sch. II of the Government ofIndia Act 1919 (9 & 10 Geo. 5, Ch. 101,).
119. Payments to representatives of bishops
(1) If the Bishop of Calcutta diesduring his voyage to India for the purpose of taking upon himself the executionof his office, or if the Bishop of Calcutta, Madras or Bombay dies within sixmonths after his arrival there for that purpose, the Secretary of State shall pay to his legal personalrepresentatives, out of the revenues of India such a sum of money as will, withthe amount received by or due to him at the time of his death on account of salary,make up the amount of one year's salary.
(2) Ifthe Bishop of Calcutta, Madras or Bombay dies while in possession of his officeand after the expiration of six months from his arrival in India for thepurpose of taking upon himself the execution of his office, the Secretary ofState shall pay to his legalpersonal representatives, out of the revenues of India, over and above the sumdue to him at the time of his death, a sum equal to six months' salary.
120. Pensions to bishops
His Majesty may, by warrant under theRoyal Sign Manual, countersigned by the 1 [Secretary of State],grant, out of the revenues of India, to any Bishop of Calcutta a pension notexceeding fifteen hundred pounds per annum if he has resided in India as Bishopof Calcutta, Madras or Bombay or archdeacon for ten years, or one thousandpounds per annum if he has resided in India as Bishop of Calcutta 2 [Madrasor Bombay] for seven years, or seven hundred and fifty pounds per annum if hehas resided in India as Bishop of Calcutta 2 [Madras or Bombay] forfive years, or to any Bishop of Madras or Bombay a pension not exceeding eighthundred pounds per annum 3 [***] if he has resided in 4 [*]India as such bishop for fifteen years.
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1. These words were substituted for the words "Chancellor of theExchequer" by Sch. II of the Government of India (Amendment) Act, 1916 (6 &7 Geo. 5, Ch. 37).
2. These words were inserted by Ch. I of the Government of India(Amendment) Act. 1916 (6 & 7 Geo. 5, Ch. 37).
3. The words "to be paid quarterly" were repealed by Ch. I of theGovernment of India (Amendment) Act. 1916 (6 & 7 Geo. 5, Ch. 37).
4. The word "British" was repealed by Ch. Iof the Government of India (Amendment) Act. 1916 (6 & 7 Geo. 5, Ch. 37).
121. Furlough rules
His Majesty may make such rules as to theleave of absence of the Bishops of Calcutta, Madras and Bombay on furlough ormedical certificate as seem to His Majestyexpedient.
122. Establishment of chaplains of Church of Scotland
(1) Two members of the establishment ofChaplains maintained in each of the presidencies of Bengal, Madras and Bombaymust always be ministers of the Church of Scotland, and shall be entitled to have, out of the revenues of India, suchsalary as is from time to time allotted to the military chaplains in theseveral presidencies.
(2) The ministers so appointedchaplains must be ordained andinducted by the presbytery of Edinburgh according to the forms and solemnitiesused in the Church of Scotland and shallbe subject to the spiritual andecclesiastical jurisdiction in all things of the presbytery of Edinburgh, whosejudgments shall be subject to dissent, protest andappeal to the Provincial Synod of Lothian and Tweed dale and to the GeneralAssembly of the Church of Scotland.
123. Saving as to grants to Christians
Nothingin this Act shall prevent theGovernor-General in Council from granting with the sanction of the Secretary ofState in Council, to any sect, persuasion or community of Christians, not beingof the Church of England or Church of Scotland, such sums of money as may beexpedient for the purpose of instruction or for the maintenance of places ofworship.
124. Certain acts to be misdemeanours: Oppression--Wilful disobedience-Breach of duty--Trading--Receiving presents
If any person holding office under the Crowns in India does any of the following things, that is to say--
(1) if he oppresses any British subject within his jurisdiction or in the exercise of his authority; or
(2) if (except incase of necessity, the burden of proving which shall be on him) he wilfully disobeys, or wilfully omits, forbears or neglects to execute, any orders or instructions of the Secretary of State; or
(3) if he is guilty of any wilful breach of the trust and duty of his office; or
(4) if, being the Governor-General, or a governor, lieutenant-governor or chief commissioner, or a member of the Executive Council of the Governor-General or of a governor or lieutenant-governor 1 [or being a minister appointed under this Act] or being a person employed or concerned in the collection of revenue or the administration of justice, he is concerned in, or has any dealings or transactions by way of trade or business in any part of India, for the benefit either of himself or of any other person, otherwise than as a share holder in any joint-stock company or trading corporation; or
(5) it he demands, accepts or receives, by himself or another, in the discharge of his office, any gift, gratuity or reward, pecuniary or otherwise, or any promise of the same, except in accordance with such rules as may be made by the Secretary of State as to the receipt of presents, and except in the case of fees paid or payable to barristers, physicians, surgeons and chaplains in the way of their respective professions, he shall be guilty of a misdemeanour; and if he is convicted of having demanded, accepted or received any such gift, gratuity or reward, the same, or the full value thereof shall be forfeited to the Crown, and the court may order that the gift, gratuity or reward, or any part thereof, be restored to the person who gave it, or be given to the prosecutor or informer and that the whole or any part of any fine imposed on the offender be paid or given to the prosecutor or informer, as the court may direct:
2 [Provided that notwithstanding anything in this Act, if any member of any local government was at the time of his appointment concerned or engaged in any trade or business, he may, during the term of his office with the sanction in writing of the Governor-General, or, in the case of ministers, of the governor of the province, and in any case subject to such general conditions and restrictions as the Governor-General in Council may prescribe, retain his concern or interest in that trade or business, but shall not, during that term, take part in the direction or management or that trade of business.]
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1. These words were inserted by Part II of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101.)
2. This proviso was inserted by Part. I of bart II Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101.)
125. Loans to princes or chiefs
(1) Ifany European British subject,without the previous consent in writing of the Secretary of State in Council orof the Governor-General in Council or of a local government, by himself or another,--
(a) lends any money or othervaluable thing to any prince or chief in India; or
(b) is concerned in lending money to, or raising or procuring money for anysuch prince or chief, or becomes security for the repayment of any such money;or
(c) lends any money or othervaluable thing to any otherperson for the purpose of being lent to any such prince or chief ; or
(d) takes, holds, or is concerned in any bond, note or other security granted by any suchprince or chief for the repayment of any loan or money hereinbefore referredto.
he shall be guilty of amisdemeanour.
(2.)Every bond, note or security for money, of what kind or nature soever, taken,held or enjoyed, either directly or indirectly, for the use and benefit of anyEuropean British subject,contrary to the intent of this section,shall be void.
126. Carrying on dangerous correspondence
(1) If any person carries on, mediatelyor immediately, any illicit correspondence, dangerous to the peace or safety ofany part of British India, with any prince, chief, land-holder or other person having authority inIndia, or with the commander, governor, or president of any foreign Europeansettlement in India, or any correspondence, contrary to the rules and orders of the Secretary of State orof the Governor-General in Council or a governor in council, he shall be guilty of a misdemeanour ;and the Governor-General or governor may issue a warrant for securing anddetaining in custody any person suspected of carrying on any such correspondence.
(2) Ifon examination taken on oath in writing of any credible witness before theGovernor-General in Council or the governor in council, there appear reasonablegrounds for the charge, the Governor-General or governor may commit the personsuspected or accused to safe custody, and shall within a reasonable time, not exceeding five days, cause tobe delivered to him a copy of the charge on which it is committed.
(3) Theperson charged may deliver his defence in writing, with a list of such witnessesas he may desire to be examined in support thereof.
(4.) The witnesses in support of thecharge and of the defence shallbe examined and cross-examined on oath in the presence of the person charged,and their depositions and examinationshall be taken down in writing.
(5) If,notwithstanding the defence, there appear to the Governor- General in Councilor governor in council reasonable grounds for the charge and for continuing theconfinement, the person charged shallremain in custody until he is brought to trial in India or sent to England fortrial.
(6) All such examinations andproceedings, or attested copies thereof under the seal of the high court shall be sent to the Secretary ofState as soon as may be, in orderto their being produced in evidence on the trial of the person charged in theevent of his being sent for trial to England.
(7) Ifany such person is to be sent to England, the Governor-General or governor, asthe case may be, shall cause himto be so sent at the first convenient opportunity, unless he is disabled byillness from undertaking the voyage in which case he shall be so sent as soon as his state of health will safely admitthereof.
(8) The examinations and proceedingstransmitted in pursuance of this sectionshall be received as evidence in all courts of law, subject to anyjust exceptions as tothe competency of the witnesses,
127. Prosecution of offences in England
(1), Ifany person holding office under the Crown in India commits any offence underthis Act, or any offence against any person within his jurisdiction or subject to his authority, the offencemay, without prejudice to any other jurisdiction, be inquired of, heard, triedand determined before His Majesty's High Court of Justice, and be dealt with asif committed in the country_of_Middlesex.
(2)Every British subject shall be amenable to all courts ofjustice in the United Kingdom, of competent jurisdiction to try offencescommitted inIndia, for any offence committed within India and outside BritishIndia, as if the offence had been committed within British India.
128. Limitation for prosecutions in British India
Everyprosecution before a high court in British India in respect of any offencereferred to in the last foregoing section must be commenced within six yearsafter the commission of the offence.
129. Penalties
If anyperson commits any offence referred to in this Act he shall be liable to suchfine or imprisonment or both as the court thinks fit, and shall be liable, at the discretion ofthe court, to be adjudged to be incapable of serving the Crown In India in anyoffice, civil or military; and, if he is convicted in British India by a highcourt, the court may order thathe be sent to Great Britain.
1 [129A. Provision as to rules
(1) Where any matter is required to be prescribed or regulated by rules under this Act and no special provision is made as to the authority by whom the rules are to be made, the rules shall be made by the Governor-General in Council, with the sanction of the Secretary of State in Council, and shall not be subject to repeal or alteration by the Indian legislature or by any local legislature.
(2) Any rules made under this Act may be so framed as to make different provision for different provinces.
(3) Any rules to which sub-section (1) of this section applies shall be laid before both Houses of Parliament as soon as may be after they are made, and if an address is presented to His Majesty by either House of Parliament within the next thirty days on which that House has sat after the rules are laid before it praying that the rules or any of them may be annulled, His Majesty in Council may annul the rules or any of them, and those rules shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder:
Provided that the Secretary of State may direct that any rules to which this section applies shall be laid in draft before both Houses of Parliament, and in such case the rules shall not be made unless both Houses by resolu-tion approve the draft either without modification or addition, or with modifications and additions to which both Houses agree, but upon such approval being given, the rules may be made in the form in which they have been approved, and such rules on being so made shall be of full force and effect, and shall not require to be further laid before Parliament.
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1. Section 129A was inserted by Part I of Sch. II of the Government of India Act, 1919 ( 9& 10 Geo. 5, Ch. 101).
130. [Repealed]
The Actsspecified in the Fourth Schedule to this Act are hereby repealed, to the extentmentioned in the third column of that Schedule:
providedthat this repeal shall notaffect--
(a) thevalidity of any law, charter, letters patent, Order in Council, warrant, proclamation, notification, rule,resolution, order, regulation,direction or contract made, or form prescribed, or table settled under anyenactment hereby repealed and in force at the commencement of this Act, or
(b) the validity of any appointment, or anygrant or appropriation of money or property made under any enactment herebyrepealed, or
(c) the tenure of office, conditions ofservice, terms of remunera tion or right to pension of any officer appointedbefore the commencementof this Act.
[Any reference in any enactment, whether an Act of Parliament or madeby any authority in British India,or in any rules, regulations, or orders made under any such enactment, or inany letters patent or other document, to any enactment repealed by thisAct, shall for all purposes be constructed as references to this Act, or tothe corresponding provision thereof.]
1 [Any reference in any enactment in forcein India, whether an Act of Parliament or made by any authority in British India, or in any rules, regulations, or orders made under any such enactment, or in any letters patent or other document, to any Indianlegislative authority, shall forall purposes be construed as references to the corresponding authorityconstituted by this Act.]
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1. These paragraph were inserted by Part I of Sch. II of the Government ofIndia Act, 1919 (9 & 10 Geo. 7, Ch. 101).
131. Savjng as to certain rights and powers
(1) Nothing in this Act shall derogate from any rights vested in His Majesty, or any powers of the Secretary of State in Council, in relation to the Government of India.
(2) Nothing in this Act shall affect the power of Parliament to control the proceedings of the Governor-General in Council, or to repeal or alter any law made by any authority in British India, or to legislate for British India and the inhabitants thereof.
(3) Nothing in this Act shall affect the power of the 1 [Indian legislature] to repeal or alter any of the provisions mentioned in the Fifth Schedule to this Act, or the validity of any previous exercise of this power.
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1. These words were substituted for the words "Governor-General in Legislative Council" by Part II of Part I of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 7, Ch. 101).
132. Treaties, contracts and liabilities of East India Company
All treatiesmade by the East India Company, sofar as they are in force at the. commencementof this Act, are binding on His Majesty,and all contracts made and liabilities incurred by the East India Company may,so far as they are outstanding at the commencement of this Act, be enforced byand against the Secretary of State in Council.
133. Orders of East India Company
All orders, regulations and directionslawfully made or given by the Court of Directors of the East India Company, orby the Commissioners for the Affairs of India, are so far as they are in forceat the commencement of this Act, deemed to be orders, rules and directions made or given by the Secretary ofState under this Act.
134. Definitions
In this Act, unless the context otherwise requires,--
(1) "Governor-General in Council" means the Governor-General in Executive Council;
(2) "governor in council" means a governor in executive council;
(3) "lieutenant-governor in council" means a lieutenant-governor in executive council;
1 [(4) "local government" means, in the case of a governor's province, the governor in council or the governor acting with ministers (as the case may require), and, in the case of a province other than a governor's province, a lieutenant-governor in council, lieutenant-governor or chief commissioner;
"local legislative" council" includes the legislative council in any governor's province, and any other legislative council constituted in accordance with this Act;
"local legislature" means in the case of a governor's province, the governor and the legislative council of the province, and, in the case of any other province, the lieutenant-governor or chief commissioner in legislative council] ;
(5) "office" includes place and employment;
(6) "province" includes a presidency; and
(7) references to rules made under this Act include rules or regulations. made under any enactment hereby repealed, until they are altered under this Act.
2 [The expressions "official" and "non-official," where used in relation to any person, mean respectively a person who is or is not in the civil and military service of the Crown in India:
Provided that rules under this Act may provide for the holders of such offices as may be specified in the rules not being treated for the purposes of this Act, or any of them, as officials.]
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1. Paragraph (a) was substituted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101),
2. This paragraph was inserted by Part. I of Part II of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101.
1 [135. Short title
This Act may be cited as the Government of India Act.]
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1. Sec. 136 was substituted by Part II of Part II of Sch. II of the Government of India Act, 1919 (9 & 10 Geo. 5, Ch. 101),.
1 FIRST SCHEDULE
Number of Members of LegislativeCouncils
| Legislative Council. | Number of Members. |
| Madras | 118 |
| Bombay | 111 |
| Bengal | 125 |
| United Provinces | 116 |
| Punjab | 83 |
| Bihar and Orissa | 98 |
| Central Provinces | 70 |
| Assam | 53 |
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1.This Schedule was substituted by Part I of theGovernment of India Act, 1919 (9 & 10 Geo. 5, Ch. 101).
1 SECOND SCHEDULE
Official Salaries, etc.
| Officer. | Maximum Annual Salary. |
| Governor-General of India | Two hundred and fifty-six thousand rupees. |
| Governor of Bengal, Madras, Bombay, and the United Provinces. | One hundred and twenty-eight thousand rupees. |
| Commander-in-Chief of His Majesty's forces in India. | One hundred thousand rupees. |
| Governor of the Punjab, and Bihar and Orissa. | One hundred thousand rupees. |
| Governor of the Central Provinces | Seventy-two thousand rupees. |
| Governor of Assam | Sixty-six thousand rupees. |
| Lieutenant-governor | One hundred thousand rupees. |
| Member of the Governor-General's Executive Council (other than the Commander-in-Chief) | Eighty thousand rupees. |
| Member of the executive council of the governor of Bengal, Madras, Bombay, and the United Provinces. | Sixty-four thousand rupees. |
| Member of the executive council of the governor of the Punjab, and Bihar and Orissa. | Sixty thousand rupees. |
| Member of the executive council of the governor of the Central Provinces. Member of the executive council of the governor of Assam. | Forty-eight thousand rupees. Forty-two thousand rupees. |
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1.This Schedule was substituted by Part II of Part I of the Government ofIndia Act, 1919 (9 & 10 Geo. 5, Ch. 101).
1 THIRDSCHEDULE
Offices reserved to the Indian Civil Service
A.--Officesunder the Governor-General in Council
1. Theoffices of secretary, joint secretary, and deputy secretary in every departmentexcept the Army, Marine, Education, Foreign, Political, and Public WorksDepartments: Provided that if the office of secretary or deputy secretary inthe Legislative Department is filled from among the members of the Indian CivilService, then the office of deputy secretary or secretary in that department asthe case may be, need not be so filled.
2. Threeoffices of Accountants General.
B.--'Offices in the provinces-which were known in the year 1861as "Regulation Provinces."
Thefollowing offices, namely:--
1.Member of the Board of Revenue.
2.Financial Commissioner.
3.Commissioner of Revenue.
4.Commissioner of Customs.
5. Opium Agent.
6.Secretary in every department except the Public Works or Marine Departments.
7.Secretary to the Board of Revenue.
8.District or sessions judge.
9.Additional district or sessions judge.
10.District magistrate.
11.Collector of Revenue or Chief Revenue Officer of a district.
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1. This Schedule was substituted by II of Sch.II of the Government of India Act, 1919 (9 & 10 Geo. 5,Ch. 101).
FOURTH SCHEDULE
Acts Repealed
| Session and Chapter. | Short Title. | Extent of Repeal. |
| 10 Geo. 3, c. 47 | The East India Company Act, 1770. | The whole Act. |
| 13 Geo. 3, c. 63 | The East India Company Art, 1772. | The whole Act, except sections forty-two, forty-three and forty-five. |
| 21 Geo. 3, c. 70 | The East India Company Act, 1780. | The whole Act, except section eighteen. |
| 26 Geo. 3, c. 57 | The East India Company Act, 1786. | Section thirty-eight. |
| 33 Geo. 3, c. 52 | The East India Company Act. 1793. | The whole Act. |
| 37 Geo. 3, c. 142 | The East India Act, 1797 | The whole Act, except section twelve. |
| 39&40 Geo. 3, c. 79 | The Government of India Act, 1800. | The whole Act. |
| 53 Geo. 3, c. 156 | The East India Company Art, 1813. | The whole Act. |
| 55 Geo. 3, c. 84 | The Indian Presidency-towns Act, 1815. | The whole Act. |
| 4 Geo. 4, c. 71 | The Indian Bishops and Courts Act, 1823. | The whole Act. |
| 6 Geo. 4, c. 85 | The Indian Salaries and Pensions Act, 1625. | The whole Act. |
| 7 Geo. 4, c. 56 | The East India Officers' Act, 1826. | The whole Act. |
| 3&4 Will. 4, c. 85 , | The Government of India Act, 1833. | The whole Act, except section one hundred and twelve. |
| 5&6 Will, 4, c. 52 | The India (North- West Provinces) Act, 1835. | The whole Act. |
| 7 Will. 4 and 1 Vict., c. 47. | The India Officers' Salaries Act, 1837. | The whole Act. |
| 5&6 Vict., c. 119 | The Indian Bishops Act, 1842. | The whole Act. |
| 16&17 Vict., c. 95 | The Government of India Act, 1853. | The whole Act. |
| 17&18 Vict., c. 77 | The Government of India Act, 1854. | The whole Act. |
| 21&22 Vict, c. 106 | The Government of India Act, 1858. | The whole Act, except section four. |
| 22&23 Vict., c. 41 | The Government of India Act, 1859. | The whole Act. |
| 23&24 Vict., c. 100 | The European Forces (India) Act, 1860. | The whole Act. |
| 23&24 Vict., c. 102 | The East India Stock Act, 1860. | The whole Act, except section six. |
| 24&25 Vict., c. 54 | The Indian Civil Service Act, 1861. | The whole Act. |
| 24&25 Vict., c. 67 | The Indian Councils Act, 1861. | The whole Act. |
| 24&25 Vict., c. 104 | The Indian High Courts Act, 1861. | The whole Act. |
| 28&29 Vict., c. 15 | The Indian High Courts Act, 1865. | The whole Act. |
| 26&29 Vict., c. 17 | The Government of India Act, 1865. | The whole Act. |
| 32&33 Vict., c. 97 | The Government of India Act, 1869. | The whole Act. |
| 32&33 Vict., c. 98 | The Indian Councils Act, 1869. | The whole Act. |
| 33&34 Vict., c. 3 | The Government of India Act, 1870. | The whole Act. |
| 33&34 Vict., c. 59 | The East India Contracts Act, 1870. | The whole Act. |
| 34&35 Vict., c. 34 | The Indian Councils Act, 1671. | The whole Act. |
| 34&35 Vict,, c. 32 | The Indian Bishops Act, 1671. | The whole Act. |
| 37&38 Vict., c. 3 | The East India Loan Act, 1874. | Section fifteen. |
| 37&38 Vict., c. 77 | The Colonial Clergy Act, 1874. | Section thirteen. |
| 37&38 Vict., c. 91 | The Indian Councils Act, 1874. | The whole Act. |
| 43 Vict, c. 3 .. | The Indian Salaries and Allowances Act, 1880. | The whole Act. |
| 44&45 Vict., c. 63. | The India Office Auditor Act, 1881. | The whole Act.. |
| 47&48 Vict., c. 38 | The Indian Marine Service Act, 1864. | Sections two, three, four and five. |
| 55&56 Vict., c. 14 | The Indian Councils Act, 1892. | The whole Act. |
| 3 Edw. 7, c. 11 | The Contracts (India Office) Act, 1903. | The whole Act. |
| 4Edw. 7, c. 26 | The Indian Councils Act, 1904. | The whole Act. |
| 7Edw. 7, c. 35 | The Council of India Act, 1907. | The whole Act. |
| 9 Edw. 7, c. 4 | The Indian Councils Act, 1909. | The whole Act. |
| 1&2 Geo. 5, c. 16. | The Indian High Courts Act, 1911. | The whole Act. |
| 1&2 Geo. 5, c. 25 | The Government of India Act Amendment Act, 1911 | The whole Act. |
| 2&3 Geo. 4, c. 6 . | The Government of India Act, 1912. | The whole Act. |
1 FIFTH SCHEDULE
Provisions of this Actwhich may be repealed or altered by the 2 [Indian legislature].
| Section. | Subject. |
| 62 | Power to extend limits of presidency-towns. |
| 106 | Jurisdiction, powers and authority of high courts. |
| 108(1) | Exercise of jurisdiction of high court by single judges or division courts. |
| 109 | Power for Governor-General in Council to alter local limits of jurisdiction of high courts, etc. |
| 110 | Exemption from jurisdiction of high courts. |
| 111 | Written order by Governor-General in Council a justification for act in high court. |
| 112 | Law to be administered in cases of inheritance, succession, contract and dealing between party and party. |
| 4(2) | Powers of advocate-general. |
| 124(7) | Oppression. |
| 124(4)--so far as it relates to persons employed or concerned in the collection of revenue or the administration of justice. | Trading. |
| 124(5)--so far as it relates to persons other than the Governor-General, a governor or a member of the Executive Council of the Governor-General or of a governor. | Receiving presents. |
| 125x | Loans to princes or chiefs, |
| 126 | Carrying on dangerous correspondence. |
| 128 | Limitation for prosecutions in British India. |
| 129 | Penalties. |
__________________________
1. This Schedule was substituted by Sch. I ofthe Government of India (Amendment) Act 1916 (6&7 Geo. 5, Ch. 37).
2. These words were substituted for thewords "Governor-General) in Legislative Council" by Part II of Sch.II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).