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Government of India Act, 1915-19 [Repealed] Section 50

Title: Procedure in Case of Difference of Opinion in Executive Council

State: Central

Year: 1915

.....and the majority present at a meeting of the council dissent from that opinion, the governor may, on his own authority and responsibility, by order in writing, adopt, suspend or reject the measure, in whole or in part. (3) In every such case the governor and the members of the council present at the meeting shall mutually exchange written communications (to be recorded at large in their secret proceedings) stating the grounds of their respective opinions, and the order of the governor shall be signed by the governor and by those members. (4) Nothing in this section shall empower a governor to do anything which he could not lawfully have done with the concurrence of his council. ________________________ 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).

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Government of India Act, 1915-19 [Repealed] Section 88

Title: [Omitted]

State: Central

Year: 1915

[Conditional appointments.]--Omitted by Part III of Sch. II of 9 and 10 Geo. 5, Ch. 101.

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Government of India Act, 1915-19 [Repealed] Section 101

Title: Constitution of High Courts

State: Central

Year: 1915

.....as additional judges of any 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 by His Majesty under this Act; (ii) the maximum number of judges of a high court, including the chief justice and additional judges, shall be twenty. (3) A judge of high court must be-- (a) a barrister of England or Ireland, or a member of the Faculty of Advocates 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 the powers of, a district judge; or (c) a person having held judicial office, not inferior to that of a subordinate judge or a judge of a small 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 less than ten years. (4) Provided that not less than one-third of the judges of a high court, including the chief justice, but excluding additional judges, must De such barristers or advocates as aforesaid, and that not less than.....

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Government of India Act, 1915-19 [Repealed] Section 100

Title: Power to Make Provisional Appointments in Certain Cases

State: Central

Year: 1915

(1) Where it appears to the authority in India by whom an appointment is to be made to any office reserved to members of the Indian Civil Service that a person not being a member of that service ought, under the special circumstances of the case, to be appointed thereto, the authority may appoint thereto any person, who has resided for at least seven years in India and who has, before his appointment, fulfilled all the tests (if any) which would be imposed in the like case cm a member of that service. (2) Every such appointment shall be provincial only, and shall forth- with be reported to the Secretary of State, with the special reasons for making it and, unless the Secretary of State in Council approves the appointment, with the concurrence of a majority of votes at a meeting of the Council of India, and within twelve months from the date of the appointment intimates such approval to the authority by whom the appointment was made, the appointment shall be cancelled.

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Government of India Act, 1915-19 [Repealed] Section 98

Title: Offices Reserved to the Indian Civil Service

State: Central

Year: 1915

Subject to the provisions of this Act, all vacancies happening in any of the offices specified or referred to in the Third Schedule to this Act, and all such offices which may be created hereafter, shall be filled from amongst the members of the Indian Civil Service.

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Government of India Act, 1915-19 [Repealed] Section 96

Title: No Disabilities in Respect of Religion, Colour or Place of Birth

State: Central

Year: 1915

No native of British India, nor any subject of His Majesty resident therein, shall, by reason only of his religion, place of birth, descent, colour, or any of them lie disabled from holding any office under the Crown in India.

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Government of India Act, 1915-19 [Repealed] Section 95

Title: Power to Make Rules as to Indian Military Appointments

State: Central

Year: 1915

(1) The Secretary of State in Council, with the concurrence of a majority of votes at a meeting of the Council of India, may make rules for distributing between the several authorities in India the power of making appointments to and promotions in1[military] officers and servants suspended or removed by any of those authorities. (2) Subject to such rules, all appointments to2[military] offices and commands in India, and all32[military] promotions, which by law, or under any regulations, usage or custom, are, at the commencement of this Act, made by any authority in India, shall, subject to the qualifications, conditions, and restrictions, then affecting such appointments and promotions, respectively, continue to be made in India by the like authority. _________________________ 1. These words were substituted for the words "leave may be granted" 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 of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5 Ch. 101).

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Government of India Act, 1915-19 [Repealed] Section 94

Title: Leave

State: Central

Year: 1915

Subject to the provisions of this Act, the Secretary of State in council may, with the concurrence of a majority of votes at a meeting of the Council of India, make rules as to the absence on leave1[or special duty] of persons in the service of the Crown in India, and the terms as to continuance, variation or cessation of pay, salary and allowances on which any such2[absence may be permitted]. _________________________ 1. These words were inserted by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37). 2. These words were substituted for the words "leave may be granted" by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).

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Government of India Act, 1915-19 [Repealed] Section 93

Title: Vacancies in Legislative Councils

State: Central

Year: 1915

(1) A nominated or elected member of1[either chamber of the Indian legislature] or of a local legislative council lay resign his office to the Governor-General or, to the governor, lieutenant-governor or chief commissioner, as the case may be, and on the acceptance of the resignation the office shall become vacant. (2) If for a period of two consecutive months any such member is absent from India or unable to attend to the duties of his office, the Governor-General, governor, lieutenant-governor or chief commissioner) as the case may be, may, by notification published in the government gazette, declare that the seat in council of that member has become vacant. _________________________ 1. These words were substituted for the words "the Indian Legislative Council" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).

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Government of India Act, 1915-19 [Repealed] Section 91

Title: Temporary Vacancy in Office of Governor

State: Central

Year: 1915

(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. _________________________ 1.These words were inserted by Part III of Sch. II of the Government ofIndia Act, 1919 (9&10 Geo. 5, Ch. 101).

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