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GOVERNMENT OF INDIA ACT, 1854 [REPEALED]

Ministry of Law and Justice

Act nº 17 & 18 of 1854


  • Act nº 17 & 18 of 1854

Preamble

THE GOVERNMENT OF INDIA ACT, 1854

[17 & 18 Vict., c. 77]

[7th August, 1854]

PREAMBLE

An Act to provide for the Mode of passing Letters Patent and other Acts of the Crown relating to India and for vesting certain Powers in the Governor General of India in Council.

[Preamble and enacting words Rep. (U.K.) 55 & 56 Vict., c. 19 (S.L.R.).]

Section 1. 1

[Rep. as to U.K. 55 & 56 Vict., c. 19 (S.L.R.). Omitted as being obsolete.]

Section 2. 2

[Rep. 41 & 42 Vict., c. 79 (S.L.R.).]1

1. Section 3 of the Government of India Act, 1858(21 & 22 Vict c 106) post.


Section 3. Governor General may assume the government of any parts of India

It shall be lawful for the Governor General in India in Council, with the sanction and approbation of the Court of Directors of the East India Company, acting under the control and direction of the Board of Commissioners for the Affairs of India, from time to time, by proclamation1duly published, to take under the immediate authority and management of the said Governor General of India in Council any part or parts of the territories for the time being in the possession or under the government of the said company, and thereupon to give all necessary orders and directions respecting the administration of such part or parts of the said territories or otherwise to provide for the administration thereof:

2Provided always, that no law or regulation in force at any such time as regards any such portion of territory shall be altered or repealed except by law or regulation made by the Governor General of India in Council.

1. For form of proclamation, see the proclamation in respect of the territories now forming the North West Frontier Province, Gazette of India, 1901, Pt. I, p. 357 and Gazette of India, 1907 p. 575.

2. The Government of India Act, 1912 (2 & 3 Geo. 5, c. 6), Section 3.


Section 4. Governor General may limit the extent of the authority of Governors, etc.

It shall be lawful for the said Governor General of India in Council, with the like sanction and approbation, from time to time, to declare and limit the extent of the authority of the Governor in Council, Governor, or Lieutenant Governor of Bengal, or of Agra, or the North-West Provinces who is now or may be hereafter appointed

Section 5. Powers as to Presidency of Fort William in Bengal not transferred to Governor, etc., of Bengal, Agra or North-West Provinces, vested in Governor General of India in Councils

All powers now or at any tune vested in or exercised by the Governor in Council or Governor of the Presidency of Fort William in Bengal, or in or by the Governor General of India in Council in respect of such presidency, and which for the time being shall not have been transferred to the Governor in Council, Governor, or Lieutenant Governor of Bengal, or of Agra, or the North-West Provinces, shall be vested in and may be exercised by the Governor General of India in Council; and the Governor General of India shall no longer be the Governor of the said Presidency of Fort William in Bengal.

Section 6. 6

[Rep. 41 & 42 Vict., c. 79 (S.L.R.).]

Section 7. Meaning of India

In the construction of this Act "India" shall be construed to mean the territories for the time being in the possession and under the Government of the East India Company.

Section 8. Construction

This Act shall be read and construed as part of the Government of India Act, 1853.

Repealing Act1
Government of India Act, 1915-1919



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.]



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.]



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



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.



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].



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.]



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.]



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).

12. 1 Omitted



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).

13. 1 Omitted.



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).

14. 1 Omitted.



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.



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.]



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.]



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.



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.



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.



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.



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.]



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.



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.



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.]



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.]



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.