INDIAN
COUNCILS ACT, 1909 INDIAN COUNCILS ACT, 1909 [Act, No. 4 of 1909] [25th May, 1909] An Act to amend the Indian Councils Acts, 1861 and
Indian Councils Acts, 1892 , and the Government of India Act, 1833 . BE
it enacted by the King's most Excellent Majesty by, and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows: -- (1) The additional members of the councils for the
purpose of making laws and regulations (herein-after referred to as Legislative
Councils) of the Governor-General and of the Governors of Fort Saint George and
Bombay, and the members of the Legislative Councils already constituted, or
which may hereafter be constituted, of the several Lieutenant-Governors of
Provinces, instead of being all nominated by the Governor General, Governor or
Lieutenant-Governor in manner provided by the Indian Councils Acts, 1861 and
Indian Councils Acts, 1862 , shall include members so nominated and also
members elected in accordance with regulations made under this Act, and
references in those Acts to the members so nominated and their nomination shall
be construed as including references to the members so elected and their
election. (2) The number of additional members or members so
nominated and elected, the number of such members required to constitute a
quorum, the term of office of such members and the number of filling up casual
vacancies occurring by reason of absence from India, inability to attend to
duty, death, acceptance of office, or resignation duly accepted, or otherwise,
shall, in the case of each such council, be such as may be prescribed by
regulations made under this Act. Provided
that the aggregate number of members so nominated and elected shall not, in the
case of any Legislative Council mentioned in the first column of the First
Schedule to this Act, exceed the number specified in the second column of that
schedule. (1) The number of ordinary members of the Councils of
the Governors of Fort Saint George and Bombay shall be such number not
exceeding four as the Secretary of State in Council may from time to time
direct, of whom two at least shall be persons who at the time of their
appointment have been in the service of the Crown in India for at least twelve
years. (2) If at any meeting of either of such councils there
is an equality of votes on any question, the Governor or other person presiding
shall have two votes or the casting vote. (1) It shall be lawful for the Governor-General in
Council with the approval of the Secretary of Statue in Council, by
proclamation, to create a Council in the Bengal Division of the Presidency of
Fort William for the purpose of assisting the Lieutenant-Governor in the
executive government of the province, and by such proclamation- (a) to make provision for determining what shall be the
number (not exceeding four) and qualifications of the members of the council;
and (b) to make provision for the appointment of temporary
or acting members of the council during the absence of any member from illness
or otherwise, and for the procedure to be adopted in case of a difference, of
opinion between a Lieutenant-Governor and his council, and in the case of
equality of votes, and in the case of a Lieutenant-Governor being obliged to
absent himself from his council for indisposition or any other cause. (1) Notwithstanding anything in the Indian Councils
Act, 1861 , the Governor-General in Council, the Governors in Council of Fort
Saint George and Bombay respectively, and the Lieutenant-Governor or
Lieutenant-Governor in Council of every province, shall make rules authorising
at any meeting of the irrespective legislative councils the discussion of the
annual financial statement of the Governor-General -in Council or of their
respective local governments, as the case may be, and of any matter of general
public interest, and the asking of questions, under such conditions and
restrictions as maybe prescribed .in the rules applicable to the several
councils. (2) Such rules as aforesaid may provide for the
appointment of a member of any such council to preside at any such discussion
in the place of the Governor-General, Governor, or Lieutenant-Governor, as the
case may be, and of any Vice-President. (3) Rules under this section, where made by a Governor
in Council, or by a Lieutenant-Governor, or a Lieutenant-Governor in Council,
shall be subject to the sanction of the Governor-General in Council, and where
made by the Governor-General in Council shall be subject to the sanction of the
Secretary of State in Council, and shall not be subject to alteration or
amendment by the Legislative Council, of the Governor-General, Governor, or
Lieutenant-Governor. The
Governor-General in Council shall, subject to the approval of the Secretary of
State in Council, make regulations as to the conditions under which and manner
in which persons resident in India may be nominated or elected as members of
the Legislative Councils of the Governor-General, Governors, and
Lieutenant-Governors, and as to the qualifications for being, and for being,
nominated or elected, a member of any such council, and as to any other matter
for which regulations are authorised to be made under this Act, and also as to
the manner in which those regulations are to be carried into effect.
Regulations under this section shall not be subject to alteration or amendment
by the Legislative Council of the Governor-General. All
proclamations, regulations, and rules made under this Act, other than rules
made by a Lieutenant-Governor for the more convenient transaction of business
in his council, shall be laid before both Houses of Parliament as soon as maybe
after they are made. (1) This Act may be cited as the Indian Councils Act,
1909, and shall be construed with the Indian Councils Acts, 1861 and Indian
Councils Acts, 1892 and those Acts, the Indian Councils Act, 1869 the Indian
Councils Act, 1871 the Indian Councils Act, 1874 ,the Indian Councils Act, 1904
and this Act may be cited together as the Indian Councils Acts, 1861 to Indian
Councils Acts, 1909. (2) [1]
Preamble 1 - INDIAN COUNCILS ACT, 1909 PREAMBLE
On
the date appointed for the coming into operation of this Act as respects any
Legislative Council, all the nominated members of the council then in office
shall go out of office, but may, if otherwise qualified, be renominated or be
elected in accordance with the provisions of this Act.
(3) The enactment mentioned in the Second Schedule to
this Act are hereby repealed to the extent mentioned in the third column of
that schedule.