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Government of India Act, 1858 [Repealed] Repealing Act 1

Title: Government of India Act, 1915-1919

State: Central

Year: 1858

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.....

Government of India Act, 1858 Complete Act

State: Central

Year: 1858

.....were continued under such Government, in trust for Her Majesty, until Parliament should otherwise 'provide, subject to the Provisions of that Act and of other Acts of Parliament, and the Property and Rights in the said Act referred to are held by the said Company in trust for Her Majesty for the purposes of the said Government: And whereas it is expedient that the said Territories should be governed by and in the Name of Her Majesty: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, as follows; that is to 'say, Transfer of the Government of India to Her Majesty. SECTION 01: TERRITORIES UNDER THE GOVERNMENT OF THE EAST INDIA COMPANY TO BE VESTED IN HER MAJESTY AND POWERS TO BE EXERCISED IN HER NAME -The Government of the Territories now in the Possession or under the Government of the East India Company, and all Powers in relation to Government vested in or exercised by the said Company in trust for Her Majesty, shall cease to be vested in or exercised by the said Company; and all territories in the.....

Government of India Act, 1858 [Repealed] Section 30

Title: Appointments Now Made in India to Continue to Be Made there

State: Central

Year: 1858

All Appointments to Offices, Commands, and Employments in India, and all Promotions, which by Law, or under any Regulations, Usage, or Custom, are now made by any Authority in India, shall continue to be made in India by the like Authority, and subject to the Qualifications, Conditions, and Restrictions now affecting such Appointments, respectively; but the Secretary of State in Council shall have the like Power to make Regulations for the Division and Distribution of Patronage and Power of Nomination among the several Authorities in India, and the like Power of restoring to their Stations, Offices, or Employments, Officers and Servants suspended or removed by any Authority in India as might have been exercised by the said Court of Directors, with the Approbatioon of the Commissioners for the Affairs of India, if this Act had not been passed.

Government of India Act, 1858 [Repealed] Section 52

Title: As to the Audit of Accounts in Great Britain

State: Central

Year: 1858

.....audit the Accounts of the Receipt, Expenditure, and Disposal in Great Britain of all Monies, Stores and Property applicable for the Purposes of this Act; and the Secretary of State in Council shall by the Officers and Servants of the Establishment produce and lay before such Auditor from Time to Time all such Accounts, accompanied by proper Vouchers for the Support of the same, and shall submit to his Inspection all Books, Papers and Writings, having relation thereto; and such Auditor shall have Power to examine all such Officers and Servants in Great Britain of the Establishment as he may see fit in relation to such Accounts, and the Receipt, Expenditure, or Disposal of such Monies, Stores, and Property, and for that Purpose, Writing under his Hand, to summon before him, any such Officer or Servant; and such Auditor shall report from Time to Time to the Secretary of State in Council his Approval or Disapproval of such Accounts, with such Remarks and Observations in relation thereto as he may think fit, specially noting any Case, if such there shall be, in which it shall appear to him that any Money arising out of the Revenues of India has been appropriated to other Purposes than.....

Government of India Act, 1858 [Repealed] Section 64

Title: Existing Provisions to Be Applicable to Secretary of State in Council

State: Central

Year: 1858

Continuance of Existing Enactments. All Acts and Provisions now in force under Chapter or otherwise concerning India shall, subject to the Provisions of this Act, continue in force, and be construed as referring to the Secretary of State in Council in the Place of the said Company and the Court of Directors and Court of Proprietors thereof, and all Enactments applicable to the Officers and Servants of the said Company in India and to the Appointments to Office or Admissions to Service by the said Court of Directors, shall, subject to the Provisions of this Act, remain applicable to the Officers and Servants continued and to the Officers and Servants appointed or employed in India, and to Appointments to Office and Admissions to Service under the Authority of this Act.

Government of India Act, 1858 [Repealed] Section 29

Title: Appointment to Be Made by or with the Approbation of Her Majesty

State: Central

Year: 1858

The Appointments of Governor General of India, Fourth Ordinary Member of the Council of the Governor General of India, and Governors of Presidencies in India, now made by the Court of Directors with the Approbation of Her Majesty, and the Appointments of Advocate-General for the several Presidencies now made with the Approbation of the Commissioners for the Affairs of India, shall be made by Her Majesty by Warrant under Her Royal Sign Manual; the Appointments of the Ordinary Members of the Council of the Governor- General of India, except the Fourth Ordinary Member and the Appointments of the Members of the Council of the several Presidencies, shall be made by the Secretary of State in Council; the Appointments of the Lieutenant Governors of Provinces or Territories shall be made by the Governor General of India subject to the Approbation of Her Majesty; and all such Appointments shall be subject to the Qualifications now by Law affecting such Office respectively.

Government of India Act, 1858 [Repealed] Section 5

Title: If President of Board of Control is Appointed Secretary of State, His Seat in the House of Commons Not to Be Vacated

State: Central

Year: 1858

In case the Person who immediately before the Commencement of this Act is the President of the Commissioners for the Affairs of India be appointed, upon or within One Month after the Commencement of this Act, One of Her Majesty's Principal Secretaries of State, and be at the Time of such Appointment a Member of the House of Commons, he shall not by reason of such Appointment vacate his Seat in Parliament.

Government of India Act, 1858 [Repealed] Section 60

Title: Cesser of Appointments and Functions of Directions Etc.

State: Central

Year: 1858

All Functions and Powers of Courts of Proprietors and Courts of Directors of the said Company in relation to the Government of India, and all Appointments of such of the Directors of the said Company as have been appointed by Her Majesty, shall cease, and the; yearly Sums payable to the Chairman, Deputy Chairman, and other Directors of the said Company shall cease to be payable, and all Powers vested, in Her Majesty of appointing Directors of the said Company shall cease and determine.

Government of India Act, 1858 [Repealed] Section 37

Title: Regulations Ad to Be Appointments and Admissions to Service

State: Central

Year: 1858

Save as herein-before provided, all Powers of making Regulations in relation to Appointments and Admissions to Service and other Matters connected therewith, and of altering or revoking such Regulations, which if this Act had not been passed might have been exercised by the Court of Directors or Commissioners for the Affairs of India, may be exercised by the Secretary of State in Council, and all Regulations in force at the Time of the Commencement of this Act in relation to the Matters aforesaid shall remain in force subject nevertheless to Alteration or Revocation by the Secretary of State in Council as aforesaid.

Government of India Act, 1858 [Repealed] Section 31

Title: Certain Sections of 16 and 17 Vict. C. 95 as to Appointment, Etc. to the Civil Services Repealed

State: Central

Year: 1858

Sections Thirty-seven, Thirty-eight, Thirty-nine, Forty, Forty-one, and Forty-two of the Act of the Sixteenth and Seventeenth Victoria, Chapter Ninety-five, are hereby repealed, so far as the same apply to or provide for the Admission or Appointment of Persons to the Civil Service of the East India Company.