Section on of the Principal Act shall have effect as though the words all business of the Council or committees thereof to be transacted were omitted and the words 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 were inserted in lien thereof

Sec. 33. Relaxation of control of Secretary of State.

The Secretary of State in Council may, notwithstanding anything in the Principal 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 the Principal Act, or otherwise, in such manner as may appear necessary or expedient in order to give effect to the purposes of this Act.

Before any rules are made under this section relating to subjects other than transferred subjects, the rules proposed to be 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 either 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 be 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 them, and those rules shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder.

Sec. 34. Correspondence between Secretary of State and India.

So much of section five of the Principal Act as relates to orders and communications sent to India from the United Kingdom and to orders made in the United Kingdom, and section eleven, twelve, thirteen and fourteen of the Principal Act, shall cease to have effect, and 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 may be prescribed by order of the Secretary of State in Council.

Sec. 35. 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 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 the Principal Act or otherwise in relation to making contracts, and may prescribe the conditions under which he shall act on behalf of the Governor-General in Council or any local Government.

PART IV .

The Civil Services in India.

Sec. 36. The Civil Services in India.

1. Subject to the provisions of the Principal 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 for 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, he 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.

1. 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 service, 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 Council or to local Governments, for authorise the Indian Legislature or local Legislatures to make laws regulating the public services:

Provided that every person appointed before the commencement of this Act by the Secretary of State 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.

1. The right to pensions and the scale and conditions 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 this Act. 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 affect the pension of any member of the service appointed before the date thereof.

37 and 38 Vict., c. 12

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.

1. For the removal of doubts it is hereby declared that all rules or other provisions in operation at the time of the passing of this Act, 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.

Sec. 37. Appointments to the Indian Civil Service.

• 1. Notwithstanding anything in section ninety-seven of the Principal Act the Secretary of State may make appointments to the Indian Civil Service of persons domiciled in India, in accordance with such rules as may be prescribed by the Secretary of State in Council with the concurrence of the majority of votes at a meeting of the Council of India.

  Any rules made under this section shall not have force until they have been laid for thirty days before both House of Parliament.

  • 1. 5 and 6 Geo. 5, c. 87 .? The Indian Civil Service (Temporary Provisions) Act, 1915 (which confers power during the war and for a period of two years thereafter to make appointments to the Indian Civil Service without examination), shall have effect as though ?three years? were substituted for ?two years.?

       Sec. 38. 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 service in India, such functions as may be assigned thereto by the Secretary of State in Council.

       Sec. 39. 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 may 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.

       Sec. 40. Rules under Part IV.

       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.

       PART V .

       Statutory Commission.

       Sec. 41. Statutory commission.

       1. At the expiration of ten years after the passing of this Act 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 whoso names are so submitted, if approved by His Majesty, shall be a Commission for the purpose of inquiring 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.

       PART VI .

       General.

       Sec. 42. Modification of s. 124 of Principal Act.

       Notwithstanding anything in section one hundred and twenty-four of the Principal Act, if any member of the Governor-General's Executive Council or 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 of that trade or business.

       Sec. 43. Signification of Royal Assent.

       Any assent or disallowance by His Majesty, which under the Principal Act is required to be signified through the Secretary of State in Council, shall as from the passing of this Act be signified by His Majesty in Council.

       Sec. 44. Power to make rules.

       1. Where any matter is required to be prescribed or regulated by rules under the Principal 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 or under the Principal 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 resolution approve the draft either without modification or addition, or with modifications or 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.

       Sec. 45. Amendments of Principal Act to carry Act into effect, etc.

       1. The amendments not out in parts I and II of the Second Schedule to this Act, being amendments to incorporate the provisions of this Act in the Principal Act, and further amendments consequential on or arising out of those provisions, shall be made in the Principal Act, and any question of interpretation shall be settled by reference to the Principal Act as so amended. The provisions of the Principal Act, specified in Part III of that schedule, being provisions which are obsolete or unnecessary, or which require amendment in detail, are hereby repealed or modified, and shall be dealt with, in the manner shown in the second column of that schedule.
       2. Every enactment and word which is directed by the Government of India (Amendment) Act, 1916, or by this section and the Second Schedule to this Act, to be substituted for or added to any portion of the Government of India Act, 1915, shall form part of the Government of India Act, 1915, in the place assigned to it by the Government of India (Amendment) Act, 1916, or that schedule; and the Government of India Act, 1915, and all Acts, including this Act, which refer thereto shall, after the commencement of this Act, be construed as if the said enactment or word had been enacted in the Government of India Act, 1915, in the place so assigned, and, where it is substituted for another enactment or word, had been so enacted in lieu of that enactment or word.

       A copy of the Government of India Act, 1915, with the amendments, whether by way of substitution, addition or omission, required by the Government of India (Amendment) Act, 1916, and by this section and the Second Schedule to this Act, shall be prepared and certified by the Clerk of the Parliaments, and deposited with the Rolls of Parliament, and His Majesty's printer shall print, in accordance with the copy so certified, all copies of the Government of India Act, 1915, which are printed after the passing of this Act, and the Government of India Act, 1915, as so amended, may be cited as ?The Government of India Act.?

       Sub-section (3 ) of section eight of the Government of India (Amendment) Act, 1916, is hereby repealed.

       Sec. 46. Definition of official.

       In this Act 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 or military service of the Crown in India:

       Provided that rules under the Principal Act may provide for the holders of such offices as may be specified in the rules not being treated for the purposes of the Principal Act or this Act, or any of them, as officials.

       Sec. 47. Short title, commencement, interpretation and transitory provisions.

       1. This Act may be cited as the Government of India Act, 1919, and the Principal Act, as amended by any Act for the time being in force, may be cited as the Government of India Act.
       2. This Act shall come into operation on such date or dates as the Governor-General in Council, with the approval of the Secretary of State in Council, may appoint, and different dates may be appointed for different provisions of this Act, and for different parts of India.

       On the dates appointed for the coming into operation of the provisions of this Act as respects any executive or Legislative Council nil the members of the Council then in office shall go out of office, but may, if otherwise qualified, be reappointed, renominated or re-elected, as the case may be, in accordance with the provisions of the Principal Act as amended by this Act.

       1. Any reference in any enactment, 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 enactment repealed by the Principal Act, shall for all purposes be construed as references to the Principal Act as amended by this Act or to the corresponding provision thereof.
       2. Any reference in any enactment in force in 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 Indian Legislative authority shall for all purposes be construed as reference to the corresponding authority constituted by the Principal Act as amended by this Act. If any difficulty arises as to the first establishment of the Indian Legislature or any Legislative Council after the commencement of this Act or otherwise in first giving effect to the provisions of this Act, the Secretary of State in Council or the Governor-General in Council, as occasion may require, may by order do anything which appears to them necessary for the purpose of removing the difficulty.

       SCHEDULES.

       [1] ?FIRST SCHEDULE. Number of Members of Legislative Councils. Legislative Council. Number of Members. Madras . . . . . . . 118 Bombay . . . . . . . 111 Bengal . . . . . . . 125 United Provinces . . . . . . 118 Punjab . . . . . . 83 Bihar and Orissa . . . . . . 98 Central Provinces . . . . . . 70 Assam . . . . . . 53 SCHEDULE NO. 1

       [2] ?SECOND SCHEDULE. Part I. The provisions of this Act set out in the first column of the following table shall be incorporated in the principal Act in the manner shown in the second column of that table, subject to the modifications specified in the third column of that table:? Table. Provision of Act. Place and Method of Incorporation in the Principal Act. Modifications Sec. 1 To be inserted as a new section (45A) after s. 45. ?this Act? to be substituted for ?the Government of India Act, 1915 ? ?principal Act),? for ?the principal Act,? and for ?that Act.? Sec. 3(1) To be substituted for s. 46(1). ? Sec. 4. To be substituted for s. 52. ?this Act? to be substituted for ?the principal Act.? Sec. 6. To be substituted for s. 49. ?any other rules made under this Act? to be substituted for ?any rules made under the principal Act as amended by this Act.? Sec. 7, 8, 9. To be inserted as new sections (72A, 72B, and 72C), after s. 72. ?this Act? to be substituted for ?the principal Act.? Sec. 10. To be inserted as a new section (80A) after s. 80. ?this Act? to be substituted for, ?the principal Act,? ?the commencement of the Government of India Act, 1919,? to be substituted for ?the commencement of this Act? and ?such first mentioned Act? to be substituted for ?that Act? in sub-section (3). Sec. 11. To be inserted as a new section (72D) after s. 72C. The following sub-section to be substituted for sub-section (1):? ?(1) The provisions contained in this section shall have effect with respect to business and procedure in Governors' legislative councils.? ?this Act? to be substituted for ?the principal Act.? Sec. 12. To be inserted as a new section (81A) after s. 81. ?this Act? to be substituted for ?the principal Act.? Sec. 13. To be inserted as a new section (72E) after s. 72D. ?- Sec. 14. To be inserted as a new section (80B) after s. 80A. The following new section to be inserted at the end thereof:? ?80C. It shall not be lawful for any member of any local legislative council to introduce, without the previous sanction of the Governor, Lieut-Governor or Chief Commissioner, any measure affecting the public revenues of a province or imposing any charge on those revenues.? Sec. 15 To be inserted as a new section (52A) after s. 52. ?this Act? to be substituted for ?the principal Act or this Act? and for the principal Act and this Act. Sec. 16(1) and (3). To be inserted as a new section (52B) after s. 52A. ?the Government of India Act, 1919,? to be substituted for ?this Act,? where those words first occur, and ?that Act? to be substituted for ?this Act,? where those words secondly occur, and ?that Act or this Act? to be substituted for ?this Act,? where those words thirdly occur. Sec. 16(2). To be inserted as a new sub-sec. (2) of s. 84. ?Nothing in the Government of India Act, 1919, or this Act? to be substituted for ?Nothing in this Act? and ?this Act? to be substituted elsewhere for ?the principal Act.? Sec. 17-23 inclusive. To be inserted as new sections in lieu of ss. 63 and 64, and numbered 63, 63A, 63B, 63C, 63D, 63E, and 64. ?this Act? to be substituted for ?the principal Act.? Sec. 24(2). To be inserted as sub-section (1) of section 67 in lieu of the existing sub-section (1) ?this Act? to be substituted for ?the principal Act.? Sec. 24(3)-(7). To be inserted as sub-sections (3)-(7) of section 67 in lieu of the existing sub-section (3) ?this Act? to be substituted for ?the principal Act.? Sec. 25 and 26. To be inserted as new sections (67A and 67B) after s. 67. Sec. 29. To be inserted as a new section (43A) after s. 43. Sec. 33. To be inserted as a new section (19A) after s. 19. ?this Act? to be substituted for ?the principal Act? and ?the Government of India Act, 1919,? to be substituted for ?this Act,? Sec. 34. To be inserted as new section (11) in lieu of sections 1 to 14 inclusive. For the words from the beginning of the section down to and including the words ?effect and? there shall be substituted the words ?Subject to the provisions of the act.? Sec. 35. To be inserted as a new section (29A) after s. 29. ?this Act? to be substituted for ?the principal Act.? Sec. 36, 38, 39, and 10. To be inserted as new sections (96B, 96C, 96D, and 96E) after section 96A, constituting a new Part (VIIA.) after Part VII. ?this Act? to be substituted for ?the principal Act,? and ?the Government of India Act, 1919.? to be substituted for ?this Act.? except in section 40. Sec. 37(1) To be inserted as a new sub-sec. (6) of s. 97. ?this section? to be substituted for ?section ninety-seven of the principal Act,? and ?any rules made under this sub-section? to be substituted for ?any rules made under this section.? Sec. 41. To be inserted as a new section (84A) after s. 84, constituting a new Part (VIA) after Part VI. ?The Government of India Act, 1919? to be substituted for ?this Act.? Sec. 42. To be inserted as a proviso to s. 124. ?Provided that notwithstanding anything in this Act? to be substituted for ?Notwithstanding anything in section one hundred and twenty-four of the principal Act.? Sec. 44. To be inserted as a new section (129A) at the beginning of Part XII. ?this Act? to be substituted for ?the principal Act? and for ?this Act or under the principal Act.? Sec. 46. To be inserted as a new paragraph at the end of s. 131. ?in this Act? to be omitted, and ?this Act? to be substituted for ?the Principal Act? and for ?the principal Act or this Act.? Sec. 47(3) and (4) To be inserted as new paragraph at the end of s. 130. ?this Act? to be substituted for ?the principal Act? and for ?the principal Act as amended by this Act.? First Schedule. To be inserted in lieu of Schedule I. PART II . The provisions of the principal Act specified in the first column of this table shall be amended in the manner shown in the second column. Table .Section of Act Amendment. 2 In sub-section (2) ?or rules made thereunder? shall be inserted after ?this Act.? The following sub-section shall be substituted for sub-section (3):? ?(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,? 3(1) ?eight? shall be substituted for ?ten,? and ?twelve? shall be substituted for ?fourteen,? and the following words shall be inserted at the end of the sub-section:? ?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.? 3(3) ?one-half shall be substituted for ?nine,? and ?India? shall be substituted for ?British India.? 3(4) ?five years? shall be substituted for ?seven years,? and the following words shall be inserted at the end of the sub-section:? 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.? 3(8) The following sub-sections shall be substituted for this sub-section:? (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 resident in India.? 5 The words of this section from and including the words ?but every order? to the end of the section shall be omitted. 6 For ?not loss than five members are present? there shall be substituted ?such number of members are present as may be proscribed by general directions of the Secretary of State.? 8 For ?week? there shall be substituted ?month.? 10 For ?all business of the Council or committees thereof is to be transacted? there shall be substituted ?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.? 19 The words of this section from the beginning down to and including ?Provided that? shall be omitted. 20(2)(d ) After ?under this Act? there shall be inserted ?except so far as is otherwise provided under this Act.? 21 At the beginning of this section there shall be inserted ?subject to the provisions of this Act and rules made thereunder.? 27(9) After ?revenues of India? there shall be inserted ?or out of moneys provided by Parliament.? 29 In sub-section (1) at the beginning there shall be inserted the words:? ?Subject to the provisions of this Act regarding the appointment of a High Commissioner for India.? 30 After sub-section (1) the following sub-section shall be inserted. ?(1A) A local Government may on behalf and in the name of the Secretary of State in Council raise money on the security of revenues allocated to it under this Act, and make proper assurances for that purpose, and rules made under this Act may provide for the conditions under which this power shall be exercisable.? In sub-section (2) ?sub-section (1) of this section? shall be substituted for this ?section.? 31 ?Indian legislature? shall be substituted for ?Governor General in Legislative Council.? 33 At the beginning of the section there shall be inserted ?Subject to the provisions of this Act and rules made thereunder.? 35 This section shall be omitted. 37 ?ordinary? in sub-sections (1) and (2) shall be omitted. In sub-section (2) for the words from and including ?five or? to the end of the sub-section there shall be substituted ?such as His Majesty thinks fit to appoint.? In sub-section (3) ?at the time of their appointment? shall be omitted, after ?Scotland? there shall be inserted ?or a pleader of a High Court,? and ?ton? shall be substituted for ?five.? In sub-section (4) for ?person appointed as ordinary member of the council? there shall be substituted ?member of the council (other than the Commander-in-Chief for the time being of His Majesty's forces in India).? At the end of the section the following new sub-section shall be inserted:? ?(5) Provision may be made by rules under this Act as to the qualifications to be required in respect of the members of the Governor-General's Executive Council in any case where such provision is not made by the foregoing provisions of this section.? 37 The following section shall be substituted for section thirty-seven:? ?37. If 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? 39 In sub-section (2) for ?one ordinary member of the Council? there shall be substituted ?one member of the Council (other than the Commander-in-Chief).? 40 At the end of sub-section (1) there shall be inserted??and when so signed shall not be called into question in any legal proceeding on the ground that they were not duly made by the Governor-General in Council.? 42 For ?ordinary member? there shall be substituted ?member (other than the Commander-in-Chief).? 45 At the beginning of the section there shall be inserted ?Subject to the provisions of this Act and rules made thereunder.? 40 The following sub-section shall be substituted for sub-section (2):? ?(2) The Governors of the said presidencies are appointed by His Majesty by warrant under the Royal sign Manual, and the Governors of the said provinces shall be so appointed after consultation with the Governor-General.? In sub-section (3) ?the Governors' provinces? shall be substituted for ?those presidencies? and ?province? shall be substituted for presidency.? 47 In sub-section (2) ?One at least of them must be a person who at the time of his appointment has been? shall be substituted for ?Two at least of them must be persons who at the time of their appointment have been.? The following sub-section shall be substituted for sub-section (3):? ?(3) Provision may be made by rules under this Act as to the qualifications to be required in respect of members of the executive Council of the Governor of a province in any case where such provision is not made by the foregoing provisions of this section.? 48 ?province? shall be substituted for ?presidency.? 50(2) ?province? shall be substituted for ?presidency.? 53(1) For the words from the beginning down to ?the Punjab and? (inclusive) there shall be substituted ?The province of,? and the words ?with or without an executive Council? shall be omitted. 57 At the end of the section there shall be inserted ?an order made as aforesaid shall not be called into question in any legal proceedings on the ground that it was not duly made by the Lieutenant-governor in Council? 58 ?Assam, the Central Provinces,? shall be omitted. 65 For ?Governor-General in Legislative Council? there shall be substituted ?Indian Legislature.? 67 ?either chamber of the Indian Legislature? shall be substituted for ?the Council.? At the end of sub-section (2) the following shall be inserted? (i ) regulating any provincial subject, or any part of a provincial subject, which has not boon declared by rules under this Act to be subject to Legislation by the Indian Legislature; or (ii ) repealing or amending any Act of a local Legislature; or (iii ) repealing or amending any Act or ordinance made by the Governor-General. (2A) Where in either chamber of the Indian Legislature 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-General may certify that the Bill, or any clause of it, or the amendment, affects the safety or tranquility of British India, or any part thereof, and may direct that no proceedings, or that no further proceedings, shall be taken by the chamber in relation to the Bill, clause, or amendment; and effect shall be given to such direction.? 68 ?Bill? shall be substituted for ?Act? and ?a Bill? for ?and Act;? ?by both chambers of the Indian Legislature? shall be substituted for ?at a meeting of the Indian Legislative Council,? and ?whether he was or was not present in Council at the passing thereof? shall be omitted. ?A Bill passed by both chambers of the Indian Legislature shall not become an Act? shall be substituted for ?An Act of the Governor-General in Legislative Council has not validity.? ?in Council? shall be inserted after ?His majesty? and ?to the Governor-General through the Secretary of State in Council? shall be omitted. 69 ?Indian Legislature? shall be substituted for ?Governor-in Legislative Council;? ?in Council;? shall be inserted after ?His Majesty? and ?through the Secretary of State in Council? shall be omitted. 70 This section shall be omitted. 71(2) ?Indian Legislature? shall be substituted for Governor-General in Legislative Council.? 72 ?Indian Legislature? shall be substituted for ?Governor-General in Legislative Council.? 73 In sub-section (1) ?a Governor or of? shall be omitted and ?and of members nominated or elected as hereinafter provided? shall be substituted for ?with the addition of members nominated or elected in accordance with rules made under this Act.? In sub-section (3) ?as hereinafter provided? shall be substituted for ?in accordance with rules made under this Act.?) 74 This section shall be omitted. 75 This section shall be omitted. 76 In sub-section (1) ?section? shall be substituted for ?Act? and the following proviso shall be substituted for the existing proviso:? ?Provided that the number of members so nominated or elected shall not, in the case of the Legislative Council of a Lieutenant-Governor, exceed one hundred.? In sub-section (2) ?non-officials? shall be substituted for ?persons not in the civil or military service of the Crown in India.? In sub-section (4) ?Indian Legislature or the local legislature? shall be substituted for ?Governor-General in Legislative Council.? 78 The following provision shall be inserted at the beginning of sub-section (1):? ?A Lieutenant-Governor or a Chief Commissioner who has a Legislative Council may appoint such times and places for holding the sessions of his legislative council as he thinks fit, and may also, by notification of otherwise, prorogue the Council, and any meeting of the Legislative council of a Lieutenant-Governor or a Chief-Commissioner may be adjourned by the person presiding.? In sub-section (2) ?in accordance with rules made under this Act? shall be omitted. For sub-section (3) the following sub-section shall be substituted:? ?(3) All question at a meeting of 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, Chief Commissioner, or presiding member, who shall, however, have and exercise a casting vote in case of inequality of votes. (4) Subject to rules affecting the Council, there shall be freedom of speech in the Legislative Councils of Lieutenant-Governors and Chief Commissioners. No person shall be liable to any proceedings in any court by reason of his speech or vote in those Councils or by reason of anything contained in any official report of the proceedings of those Councils.? 79 This section shall be omitted. 80 In sub-section (1) after ?local Legislative Council,? there shall be inserted ?(other than a Governor's Legislative Council).? Sub-section (2) shall be omitted. In sub-section (3) after ?local Government? there shall be inserted ?of a province other than a Governor's province,? the word ?Governor,? where it occurs immediately before the word ?Lieutenant-Governor,? shall be omitted, and ?Indian Legislature? shall be substituted for ?Governor-General in Legislative Council.? At the end of the section the following new sub-section shall be inserted:? ?The local Government of any province (other than a Governor's province) for which a local Legislative Council is hereafter constituted under this Act shall, before the first meeting of that Council, and with the sanction of the Governor-General in Council, make rules for the conduct of Legislative business in that Council (including rules for prescribing the mode of promulgation and authentication of laws passed by that council). (5) The local Legislating of any such province may, subject to the assent of the Lieutenant-Governor or Chief-Commissioner, alter the rules for the conduct of Legislative business in the local Council (including rules proscribing the mode of promulgation and authentication of laws passed by the Council) but any alteration so made may be disallowed by the Governor in Council, and if so disallowed shall have no effect.? 81 Throughout sub-sections (1) and (2) and in sub-section (3) where it first occurs, for ?Act,? there shall be substituted ?Bill? and in sub-section (1) ?by? shall be substituted for ?at a meeting of.? For ?an Act? there shall be substituted ?a Bill? and for ?has no effect? there shall be substituted ?shall not become an Act.? 82 For ?any such Act? where those words occur for the first and third times, there shall be substituted ?an Act? and for those words where they occur for the second time there shall be substituted ?the Act.? In sub-section (1) after ?His Majesty? there shall be in ?Council? and the words through the Secretary of State in Council shall be omitted. 83 This section shall be omitted. 81 ?an Act of the Indian legislature? shall be substituted for ?a law made by the Governor-General in Legislative Council? and ?non-official members? shall he substituted for ?members not holding office under the Crown in India.? In paragraph (c) ?an Act of? shall be substituted for ?a law made by.? 86 In sub-section (1) ?ordinary? shall be omitted, and after the words ?Executive Council? where they first occur there shall be inserted the words ?(other than the Commander-in-Chief).? 87 ?ordinary? shall be omitted and after ?Governor-General,? where it occurs for the second time, there shall be inserted ?other than the Commender-in-chief).? 89 In sub-section (4) for ?ordinary member of the Council? where it occurs for the second time, there shall be substituted ?member of the council (other than the Commander-in-Chief).? 90 In sub-section (1) after ?Governor? there shall be inserted ?of a presidency.? In sub-section (4) ?ordinary? shall he omitted, and after, ?executive council? there shall be inserted ?(other than the Commander-in-Chief).? 92 ?a member,? shall be substituted for ?an ordinary member? and for ?any ordinary member,? and after ?executive council of the Governor-General? there shall be inserted ?(other than the Commander-in-chief)? In sub-section (5)(a) ?under this Act? shall be omitted. 93(1) ?either chamber of the Indian legislature? shall be substituted for ?the Indian Legislative Council.? 95 Before ?offices? wherever that word occurs before ?Officers? and before ?promotions? where it occurs for the second time, there shall be inserted ?military.? 97 ?Section 96A of this Act? shall be substituted for ?the foregoing section.? 110 In sub-section (1) after ?Governor or Lieutenant-Governor? there shall be inserted ?and minister appointed under this Act.? 124 In sub-section (4) after ?Lieutenant-Governor? where it secondly occurs, there shall be inserted ?or being a minister appointed under this Act.? 131 ?Indian legislature? shall be substituted for ?Governor-General in Legislative Council.? 134(4) The following paragraph shall be substituted for paragraph (4):? ?(4) ?Local Government? means, in the case of a Governor's province, 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.? 135 The following section shall be substituted for section 135:? ?135. This Act may be cited as the Government of India Act.? Second Schedule The following Schedule shall be substituted for the Second Schedule:? 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 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. Forty-eight thousand rupees. Member of the executive Council of the Governor of Assam. Forty-two thousand rupees. The following Schedule shall be substituted for the third Schedule[3] ?

       THIRD SCHEDULE

       Offices reserved to the Indian Civil Service.

       • • 1. Offices under the Governor-General in Council.
           1. The offices of secretary, joint Secretary, and deputy secretary in every department except the Army, Marine, Education, Foreign, Political, and Public Works Departments: Provided that if the office of secretary or deputy secretary in the Legislative Department is filled from among the members of the Indian Civil Service, then the office of deputy secretary or secretary in that department, as the case may be, need not be so filled.
           2. Three offices of Accountants General.
              • 1. Offices in the provinces which were known in the year 1861 as ?Regulation Provinces.?

                The following 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 Department.
                  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.

                  Fifth Schedule	?Indian legislature? shall be substituted in the heading for Governor-General in Legislative Council.? Part III Section of Act	How dealt with.
                  16	To be omitted.
                  42	?and signifies his intended absence to the Council? shall be omitted.
                  45(2)	To be omitted.
                  51	?and signifies his intended absence to the Council? and ?civil? shall be omitted. Note.? In parts I and II of the Second Schedule to tins Act references to any word or expression in any provision of the principal Act or this Act apply, unless the contrary is stated to that word or expression wherever the word or expression occurs in that provision. Section of Act	How dealt with.
                  54(2)	To he omitted.
                  55(1)	In paragraph (b ) after ?illness or otherwise? there shall be inserted ?and for supplying a vacancy until it is permanently filled.?
                  65	In sub-section (1)(d ) ?airmen? shall be inserted after ?soldiers? and ?or the Air Force Act? shall be inserted after ?the Army Act.?	In sub-section (2)(i ) ?the Air Force Act? shall be inserted after ?the Army Act.?
                  67	?naval, or air? shall be substituted for ?or naval.?
                  73(2)	To be omitted.
                  81	In sub-section (1) ?whether he was or was not present in Council at the passing of the Act? shall be omitted.
                  85	The following proviso shall be inserted at the end of sub-section (3):?	?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.?
                  87	For ?subject to the foregoing provisions of this Act as to leave of absence? there shall be substituted ?save in the case of absence on special duty or on leave under a medical certificate.?	After ?council of a governor? there shall be inserted ?or of a lieutenant-governor.?
                  88	To be omitted.
                  89	?entitled under a conditional appointment to succeed to the office of Governor-General, or? and ?absolutely? shall be omitted, and for ?that office? there shall be substituted ?the office of Governor-General.?
                  90	In sub-section (1) ?conditional or other? shall be omitted.	In sub-section (3) for ?this Act? there shall be substituted ?section eightynine of this Act,? and ?respecting the assumption of the office by a person conditionally appointed to succeed thereto? shall be omitted.	In sub-section (4) ?conditional or other? shall be omitted.
                  91	In sub-section (1) ?conditional or other? shall be omitted.
                  92	In sub-section (1) ?conditional or other? shall be omitted.	In sub-section (3) ?then, if any person has been conditionally appointed to succeed to his office and is on the spot, the place of that member shall be supplied by that person, and if no person conditionally appointed to succeed to the office is on the spot? shall be omitted.	In sub-section (4) ?conditionally or? shall be omitted.
                  115	At the end of sub-section (1) the following shall be inserted:?	?His Majesty may also by letters patent make such provision as may be deemed expedient for the exercise of the episcopal functions and ecclesiastical jurisdiction of the bishop during a vacancy of any of the said sees or the absence of the bishop thereof?	At the end of sub-section (2) the following shall be inserted:?	?and as metropolitan shall have, enjoy, and exercise such ecclesiastical jurisdiction and functions as His Majesty may by letters patent direct. His Majesty may also by letters patent make such provision as may be deemed expedient for the exercise of such jurisdiction and functions during a vacancy of the see of Calcutta or the absence of the bishop.?
                  118	In sub-section (1) ?and archdeacons? shall be omitted, and after ?letters patent? there shall be inserted ?and the archdeacons of those dioceses by their respective diocesan bishops.? ?Section 71. ? Section 54. ? Section 98. ? Print Judgement Hi! What would you like to log into? Legal Research With ZAIAN Generative Legal AI based legal research Fast and accurate 1-click judgments insight Infographics / chatbot Notes/notebook/scribble Timeline Check Answers you complex research queries Draft, analyze, summarize and more 24/7 Availability Login Litigation Management Tool Real time litigation tracking Tasks / Matters/ Document management Reports / Workflow / Analytics Notice / Invoice / Billing / Expense management 10,000+ forums Automated real-time case alerts Login LIBIL Legal Worthiness Score by proprietary algorithm Search of Asset - Property, vehicle etc Accurate identification Customised & tailored solution Subscription/APIs/Pay per use Login Report a Problem Problem Area Content Segregation Judge Name Court Citation Other Description Close Submit