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INDIAN COUNCIL ACT, 1874

Ministry of Law and Justice

Act nº 91 of 1874


  • Act nº 91 of 1874

Preamble

INDIAN COUNCILS ACT, 1874

[Act, No. 91 of 1874]

[7th August, 1874]

PREAMBLE

An Act to amend the law relating to the Council of the Governor General of India.

Section 1. Number of ordinary members of Governor General's Council may be increased

It shall be lawful for Her Majesty, if she shall see fit, to increase the number of the ordinary members of the Council of the Governor General of India to six, by appointing any person, from time to time, by warrant under Her Royal Sign Manual, to be an ordinary member of the said Council in addition to the ordinary members thereof appointed under section 3 of "The Indian Councils Act, 1861", and under section 8 of the Act of the thirty-second and thirty-third years of Her present Majesty, chapter ninety-seven. The law for the time being in force with reference to ordinary members of the Council of the Governor General of India shall apply to the person so appointed by Her Majesty under this Act.

Section 2. Number of members of Council may. be subsequently diminished

Whenever a member of Council shall have been appointed under the section 1 of this Act, it shall be lawful of Her Majesty, if she shall see fit, to diminish, from time to time, the number of the ordinary members of the Council of the Governor General of India to five, by abstaining so long as she shall deem proper from filling up any vacancy or vacancies occurring in the offices of the ordinary members of the said Council appointed under section 3 of "The Indian Councils Act, 1861," and under section8 of the Act of the thirty-second and thirty-third years of Her present Majesty, chapter ninety-seven, not being a vacancy in the office of the ordinary member of-Council required by law to be a barrister or a member of the Faculty of Advocates in Scotland: and whenever the Secretary of State for India shall have informed the Governor General of India that it is not the intention of Her Majesty to fill up any vacancy, no temporary appointment shall be made to such vacancy under section 27 of The Indian Councils Act, 1861," and if any such temporary appointment shall have been made previously to the receipt of such information, the tenure of office of the person temporarily appointed shall cease and determine from the time of the receipt of such information by the Governor General.

Section 3. Not to affect power of Governor General in respect of his Council

Nothing in this Act contained shall affect the provisions of section 8 of "The Indian Councils Act, 1961," or the provisions of section 5 ofthe Act of the thirty-third year of Her Majesty, chapter three, or any Power or authority vested by law in the Governor General of India in respect of his Council or of the members thereof.