ARRANGEMENT OF SECTIONS. PART I. LOCAL GOVERNMENTS. 1. Classification of central and provincial subjects. 2. Borrowing powers of local governments. 3. Revised system of local government in certain provinces. 4. Appointment of Ministers and Council Secretaries. 5. Qualification of members of local Executive councils. 6. Business of Governor in council and Governor with Ministers. 7. Composition of Governors' Legislative councils. 8. Sessions and duration of Governors' Legislative councils. 9. Presidents of Governors' Legislative councils. 10. Powers of local Legislatures. 11. Business and procedure in governors' legislative councils. 12. Return and reservation of Bills. 13. Provision for case of failure to pass legislation in Governors' Legislative councils. 14. Vacation of seats in local Legislative councils. 15. Constitution of new provinces, etc.; and provision as to backward tracts. 16. Saving. PART II. GOVERNMENT OF INDIA. 17. Indian legislature. 18. Council of State. 19. Legislative Assembly. 20. President of Legislative Assembly. 21. Puration and sessions of Legislative Assembly and Council of State. 22. Membership of both Chambers. 23. Supplementary provisions as to composition of Legislative Assembly and Council of State. 24. Business and proceedings in Indian legislature. 25. Indian budget. 26. Provision for case of failure to pass legislation. 27. Supplemental provisions as to powers of Indian Legislature. 28. Composition of Governor-General's Executive council. 29. Appointment of Council Secretaries. 30. Payment of salary of Secretary of State, etc., out of moneys provided by Parliament. PART III. SECRETARY OF STATE IN COUNCIL. 31. Council of India. 32. Further provisions as to Council of India. 33. Relaxation of control of Secretary of State. 34. Correspondence between Secrotaiy of State and India. 35. High Commissioner for India. PART IV. THE CIVIL SERVICES IN INDIA. 36. The Civil Services in India. 37. Appointments to the Indian Civil Service. 38. Public Service Commission. 39. Financial control. 40. Rules under Part IV. PART V. STATUTORY COMMISSION. 41. Statutory commission. PART VI. GENERAL. 42. Modification of S. 124 of Principal Act. 43. Signification of Royal Assent. 44. Power to make rules, 45. Amendments of Principal Act to carry Act into effect, etc. 46. Definition of official. 47. Short title, commencement, interpretation and transitory provisions, The Government of India Act 1919 AN ACT TO MAKE FURTHER PROVISION WITH RESPECT TO THE GOVERNMENT OF INDIA. PREAMBLE WHEREAS it is tho declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of tho Empire ; And whereas progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substan- tial stops in this direction should now bo taken ; And whereas the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples : And whereas the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence can be reposed in their sense of responsibility : And whereas concurrently with the gradual development of self-governing institutions in the Provinces of India it is expedient to give to those Provinces in provincial matters tho largest measure of independence of tho Government of India which is compatible with tho duo discharge by the latter of its own responsibilities : Be it therefore 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 : PAETI LOCAL GOVERNMENTS* Sec. 1. (J) Provision may be made by rules under the Govern- *ment of India Act, 1915, as amended by ft?? in' this Act referred to as "the Principal Act") llldia ("-"9 Act, 1916 (which Act, as so amended, is Af 4 GOVE11NMENT OF INDIA ACT 1019 a. For the classification of subjects, in relation to the functions of government, as central and provincial subjects, for the purpose of distinguishing the functions of local govern- ments and local legislatures from the functions of the Governor-General in Council and the Indian legislature ; b. For the devolution of authority in respect of provincial subjects to local governments, and for the allocation of revenues or other moneys to those governments ; c\ For the use under the authority of the Governor-General in Council of the agency of local governments in relation to central subjects, in so far as such agency may be found and for determining the financial conditions of such agency ; and d. For the transfer from among the provincial subjects of subjects ( in this Act referred to as " transferred subjects.") to the administration of the Governor acting with Ministers appointed under this Act, and for the allocation of reve- nues or moneys for the purpose of such administration* (J) Without prejudice to the generality of the foregoing powers, rules made lor the above-mentioned purposes may i. Eegulate the extent and conditions of such devolution, allocation, and transfer ; ii. Provideforfixingthecontributionspayablebylocalgovern- ments to the Governor-General in Council, and making such contributions a first charge on allocated revenues or moneys ; Hi. Provide for constituting a finance department in any it'. i'. province, and regulating the functions of that department ; Provides ior regulating thf3 exercise of the authority vested in the local government of a province o\er members of the public services tlfcrein ;' Provide for the settlement of doubts arising as to whether any matter does or does not relate to a pro\incial subject or a transferred subject and for the treatment of matters which affect both a transferred subject and a subject which is not transferred ; and convenient, vi. make such consequential and supplemental provisions as appear necessary or expedient : Provided that, without prejudice to any general power of revoking or altering rules under the Principal Act, the rules shall not authorise the rovocation or suspension of the transfer of any subject except with the sanction of the Secretary of State in Council, GOVllliNMtiNT OF INDIA ACT JOlO & (u) The powers of superintendence, direction, and control over local governments vested in the Governor-General in Council under the Principal Act shall, in relation to transferred subjects, bo ex- ercised only for such purposes as may bo specified in rules made under that Act, but the Governor-General in Council shall be the sole judge as to whether the purpose of the exercise of such powers in any particular case comes within the purposes so specified, (Ji) Theexpressions"centralsubjects"and"provincialsubjects" as used in this Act mean subjects so classified under the rules. Provincial subjects, other than transferred subjects, are in this Act referred to as "reserved subjects." Sec, 2 (/) The provision in sub-section (l) of section thirty of the Principal Act, which gives power to local governments to raise money on real or personal estate within the limits of their respective governments by vay of mortgage or otherwise, shall have effect as though that provision conferred a power on local govern- ments to raise money on the security of their allocated revenues, and to make proper assurances for that purpose. (;') Provision may be made by rules under the Principal Act as to the conditions under which the power to raise loans on the security of allocated revenues shall be exercised. (J) The provision in sub-section (/) of section thirty of the Principal Act, which enables the Secretary of State in Council with the concurrence of a majority of votes at a meeting of the Council of India to prescribe provisions or conditions limiting the power to raise money, shall cease to have effect as regards the power to raise money on the security of allocated revenues. Sec. 3 (J) The presidencies of Fort William in Bengal, Fort Revised system cf local St. George, and Bombay, and the provinces government m certain known prev.nccs Provinces, and Assam, shall each be governed, in relation to reserved subjects, by a Governor in council, and in relation to transferred subjects (save as otherwise provided by this Act), by the Governor acting with Ministers appointed under this Act. The said presidencies and provinces are in this Act referred to as "Governor's provinces" and the two first-named presidencies are in this Act referred to as the presidencies of Bengal and Madras. (#) The provisions of sections forty-six to fifty-one of the Principal Act, as amended by this Act, shall apply to the United Proviees, the Punjab, Bihar and Orissa, the Central Provinces, auci JKS the United Pui'jab, Bihar and Orissa, the Central Provinces, the 6 GOVERNMENT OF IN1)1A ACT JOlO Assam, as they apply to the presidencies of Bengal, Madras, and Bombay : Provided that the Governors of the said provinces shall be appointed after consultation with the Governor General. Sec. 4 (l) The Governor of a Governor's province may, by notification, appoint Ministers, not being JS^erS of his Executive council or other officials, to administer transferred subjects^ and any Ministers so appointed shall hold office during his pleasure. There may be paid to any Minister so appointed in any province the same salary as is payable to a member of the Executive council in that province, unless a smaller salary is provided by vote of the legislative council of the province. (#) No Minister shall hold office for a longer period than six months, unless he is or becomes an elected member of the local legislature. (3) In relation to transferred subjects, the Governor sljall be guided by the advice of his Ministers, unless he sees sufficient cause to dissent from their opinion, in which case he action to be taken otherwise than in accordance with that advice : Provided that rules may be made under the Principal Act for the temporary administration of a transferred subject where, in cases of emergency, owing to a vacancy, there is no Minister in charge of the subject, by such authority and in such manner as may be prescribed by the rules. (4) The Governor of a Governor's province may at his discretion appoint from among the non-official members of the local legislature Council Secretaries who shall hold office during his pleasure, and discharge such duties in assisting members of the Executive council and Ministers, as ho may assign to them. There shall be paid to Council Secretaries so appointed such salary as may be provided by vote of the legislative council. A Council Secretary shall cease to hold office if he ceases for more than six months to be a member of the legislative council. Sec. 5. (l) The provision. in section forty-seven of the Act, that two of the members of the Ex*utive council of the Governor of a province must have been for afc least twelve years -in the service of the Crown in India, shall have effect as though '' one" wore substituted for " two," and the provision in that section that the Commander-in-Chief of his iu India, if resident at Calcutta, Madras, or Bombay, shall, may require Principal Majesty's Forces during GOVERNMENT OF INDIA ACT 1919 7 his continuance there, bo a member of the Governor's council, shall cease to have effect. (#) Provision may be made by rules under the Principal 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 riot made by section forty-seven of the Principal Act as amended by this section. Sec. 6. (]) All orders and other proceedings of the government Governor the provisions of Council not more GOVERNMENT OF INDIA ACT 1919 than twenty per cent, shall be official members, and at least seventy per cent, shall be elected members : Provided that a. Subject to the maintenance of the above proportions, rules under the Principal Act may provide for increasing the number of members of any council, as specified in that schedule ; and b. the Governor may, for the purposes of any Bill introduced or proposed to be introduced in his Legislative council, nominate, in the case of Assam one person, and in the case of other provinces not more than two persons,having special knowledge or experience of the subject-matter of the Bill, arid those persons shall, in relation to the Bill, have for the period for which they are nominated all the rights of members of the Council, and shall be in addition to the numbers above referred to ; and members nominated to the Legislative council of the Central Provinces by the Governor as the result of elections held in the Assigned Districts of Berar shall be deemed to be elected members of the Legislative council of the Central Provinces. The powers of a Governor's Legislative council may be exercised notwithstanding any vacancy in the council. (4) Subject as aforesaid, provision may be made by rules under the principal Act as to a. the term of office of nominated members of Governors' Legislative councils, and the manner of filling casual vacancies occurring by reason of absence of members from India, inability to attend to duty, death, acceptance of office,resignationdulyaccepted,orotherwise; and ft I. the conditions under which and manner in which may be nominated as members of Governors' Legislative councils ; arid c. the qualification of electors, the constitution of constitu- and the method of election for Governors' encies, Legislative councils, including to be elected by communal and other electorates, and anymattersincidentalorancillarythereto; and d. the qualifications for being and for being nominated or electedamemberofanysuchCouncil; and e. the final decision of doubts or disputes as to the validity of any election ; and /. the manner in which the rules are to be carried into effect : the number of members persons GOVERNMENT OF INDIA ACT 1919 9 Provided that rules as to any such matters as aforesaid provide for delegating to the local government such power as may be specified in the rules of making subsidiary regulations affecting the same matters. (5) Subject to any such rules any person who is a Kuler or subject of any State in India may be nominated as a member of a Governor's Legislative council. Sessions and duration of, Sec. 8. (l) Every Governor's Legislative Governors' legislative council shall continue for three years from councils. itg first meeting : Provided that a. theCouncilmaybesoonerdissolvedbytheGovernor; and b. the said period may be extended by the Governor for a period not. exceeding one year, by notification in the official gazette of the province, if in special circumstances (to be specified in the notification) he so thinks fit ; and c. after the dissolution of the Council the Governor shall appoint a date not more than six months or, with the sanction of the Secretary of State, not more than nine months from the date of dissolution for the next session of the Council. (2) A Governor may appoint such times and places for holding the sessions of his Legislative council as he thinks fit, and may also, by notification or otherwise, prorogue the Council. (,9) Any meeting of a Governor's Legislative council may be adjourned by the person presiding. (4) All questions in a Governor's Legislative council shall be determined by a majority of votes of the members present other than the person presiding, who shall, however, have and exercise a casting vote in the case of an equality of votes. Sec. 9. (l) There shall be a President of a Governor's Legislative council who shall, until the expiration of Presidents of Governors' Legislative councils. a period of four years from the first meeting of the Council as constituted under this Act, be a person appointed by the Governor, and shall thereafter be a member of the Council elected by the Council and approved by the Governor : Provided that if at the expiration of such period of four years the council is in session, the president then in office shall continue in office until the end of the current session, and the first election of a President shall take place at the commencement of the next ensuing session. may 10 GOVERNMENT OF INDIA ACT 1919 (2) There shall be a Deputy-President of a Governor's Legislative council who shall preside at meetings of the council in the absence of the President, and who shall be a member of the Council elected by the Council and approved by the Governor. (3) The appointed President of a Council shall hold office until the date of the first election of a President by the Council under this section, but he may resign office by writing under his hand addressed to the Governor, or may be removed from oifice by order of the Governor, and any vacancy occurring before the expiration of the term of office of an appointed President shall be filled by a similar appointment for the remainder of such term. (4) An elected President and a Deputy-President shall cease to hold office on ceasing to be mombcis of the council. They may resign office by writing under their hands addressed to the Governor, and may be removed from office by a vote of the Council with the concurrence of the Governor. () The President and the Deputy-President shall receive^ such salaries as may be determined, in the case of an appointed President, by the Governor, and in the case of an elected President or Deputy- President, by an Act of the local legislature. Sec. 10. (l) The local Legislature of any province has power, sulfc to the Provisions of this Act, to j, Powers of local legislatures. make laws for the peace and good govern- ment of the territories for the time being constituting that province. (2) The local Legislature of any province may, subject to the provisions of the sub-section next following, repeal or alter, as to that province, any law made either before or after the commencement of this Act by any authority in British India other than that local Legislature. (3) The local Legislature of any province may not, without the piovious sanction of the Governor-General, make or take into consi- deration any law a. imposing or authorising the imposition of any new tax unless the tax is a tax scheduled as exempted from this provisionbyrulesmadeunderthePrincipalAct; or J. affecting the public debt of India, or the customs duties, or any other tax or duty for the time being in force and imposed by the authority of the Governor General in Council for the general purposes of the government, of India, provided that the imposition or alteration of a tax scheduled as aforesaid shall not be deemed to any such tax or duty ; or affect GOVERNMENT OF INDIA ACT 1019 11 c. affecting the discipline or maintenance of any part of His Majesty's naval, military, or air forces ; or dt affecting the relations of the government with foreign PrincesorStates; or e. regulatinganyCentralsubject; or /. regulating any provincial subject which has been declared by rules under the Principal Act to be, either in whole or in part, subject to legislation by the Indian legislature, in respect of any matter to which such declaration applies ; or y. affecting any power expressly reserved to the Governor- General in Council by any law for the time being in force : or h. altering or repealing the provisions of any law which, having been made before the commencement of this Act by any authority in British India other than that local Legislature, is declared by rules under the Principal Act to be a law which cannot be repealed or altered by the local Legisla- turewithoutprevioussanction; or i. altering or repealing any provision of an Act of the Indian Legislature made after the commencement of this Act, which by the provisions of that Act may not be repealed or altered by the local Legislature, without -previous sanction : Provided that an Act or a provision of an Act made by a local Legislature, arid subsequently assented to by the Governor-General in pursuance of this Act, shall not bo deemed invalid by reason only of its requiring the previous sanction of the Governor-General under this Act. (4) The local Legislature of any province has not power to make any law affecting any Act of Parliament. Sec. 11. (J) Sub-sections (1) and (3) of section eighty of the Business and procedure in principal Act which relate to the classes Governors' Legislative of business which may be transacted at councils. meetings of local Legislative councils, shall cease to apply to a Governor's Legislative council, but the business and procedure in any such Council shall be regulated in accordance with the provisions of this section. (2) The estimated annual expenditure and revenue of the provin- ce shall be laid in the from of a statement before the Council in each year, and the proposals of the local government for the appropriation of provincial revenues and other moneys in any year shll bo submitted 12 GOVERNMENT OF INDIA ACT 1919 to the vote of the Council in the form of demands for grants. The grants or by the omission or reduction of any of the items of diture of which the grant is composed : Provided that a. the local government shall have power, in relation to any such demand, to act as if it had been assented to, notwithstanding the withholding of such assent or the reduction of the amount therein referred if the demand relates to a reserved subject, and the governor certifies that the expenditure provi- ded for by the demand is essential to the discharge of hisresponsibilityforthesubject; and b. the Governor shall have power in cases of emergency to authorise such expenditure as may bo in his opinion necessary for the safety or tranquillity of the province, or for the carrying on of any department : and c. no proposal for the appropriation of any such revenues or other moneys for any purpose shall be mado except on the recommendation of the Governoi, communicated to the council. (3) Nothing in the foregoing sub-section shall require proposals to be submitted to the Council relating to the following heads of expenditure ; (i) contributions payable by the local government to the Governor-General in Council ; and (ii) interest and sinking fund charges on loans ; and (iii) expenditure of which the amount is prescribed by or under any law ; and (iv) salaries and pensions of persons appointed by or with the approval of His Majesty or by the Secretary of State in Council ; and d. salaries of judges of the High Court of the province and of the Advocate-General. If any question arises whether any proposed appropriation of moneys does or does not relate to the above heads of expenditure, the decision of the Governor shall be final. (4) Where any Bill has been introduced or is proposed to be introduced, or any amendment to a Bill is moved or proposed to be moved, tho governor may certify that the Bill or any clause of it or the amendment affects the safety or tranquillity of his province or any part of it or of another province, and may direct that no Council may assent, or refuse its assent, to a demand, or may reduce the amount therein referred to either by a reduction of the whole * expen- to, GOVERNMENT Of INDIA ACT 1019 13 proceedings or no further proceedings shall bo taken by the council in relation to the Bill, clause or amendment, and effect shall be given to any such direction. (5) Provision may be made by rules under the Principal Act for the purpose of carrying into effect the foregoing provisions of this section and for regulating the course of business in the Council, and as to the persons to preside over meetings thereof in the absence of the President and Deputy-President, and the preservation of order at meetings ; and the rules may provide for the number of members required to constitute a quorum, and for prohibiting or regulating the asking" of questions on and the discussion of any subject specified in the rules. (6) Standing orders may be made providing for the conduct of business and tho procedure to be followed in the council, in so far as these matters are not provided for by rules made under tho Principal Act. The first standing orders shall be made by the Governor in Council, but may, subject to the assent of the Governor be altered by the local Legislatures. Any standing order made as aforesaid which is repugnant to the provisions of any rules made under the Principal Act, shall to the extent of that repugnancy but not otherwise, be void. (7) Subject to the rules and standing orders affecting the Council, there shall be freedom of speech in the Governors' Legislative Councils. No person shall be liable to any proceedings in any court by reason of his speech or vote in any such Council or by reason of anything contained in any official report of the proceedings of any such Council. 1 2. (l) Where a Bill has been passed by a local Legislative Return and reservation of em \ the Governor, Lieutenant-Governor Bills. or Chief Commissioner may instead of declaring that he assents to or withholds his assent from tho Bill, return tho Bill to the Council for recon- sideration, either in whole or in part, together any amendments which he may recommend, or, in cases prescribed by rules under the Principal Act may, and if the rules so require shall, reserve the Bill for tho consideration of the Governoi-General. (#) Whore a Bill is reserved for tho consideration of the Governor-General the following provisions shall apply: a. The Governor, Lieutenant-Governor or Chief Commissioner may, at any time within six months from tho date of tho reservation of the Bill with the consent of the Governor- General, return the Bill for further consideration by the Sec. 14 GOVERNMENT OF INDIA ACT JOid Council with a recommendation that the Council shall consider amendments thereto : b. After any Bill so returned has been further considered l>y the Council, together with any recommendations made by the governor, Lieutenant-Governor or Chief Commissio- ner relating thereto, the Bill, if re-affirmed with or without amendment, may bo again presented to the Governor, Lieutenant-Governor, or Chief Commissioner : c. Any Bill reserved for the consideration of the Governor- General shall, if assented to by the Governor-General within a period of six months from the date of such reservation, become law on due publication of such assent, in the same a way as a Bill assented to by the Governor, Lieutonant-Governor or Chief Commissioner but, if not assented toby the Governor-General within such of six months, shall lapse and be of no effect unless before the expiration of that period either (i) the Bill has been returned by the Governor, Lieutenant- Governor or Chief Commissioner, for furthei consideration by the council ; or (if) in the case of the Council not being in session, a notification has been published of an intention so to return the Bill at the commencement of the next session. (3) The Governor-General may (except whore the Bill has been reserved for his consideration), instead of assenting to or with- holding his assent from any Act passed by a local legislature, declare, he reserves the Act for the signification of His Majesty's that period thereon, and in such case the Act shall riot have validity until His Majesty in Council has signified his assent and his assent has been notified by the Governor-General. Sec. 13. (/) Whore a Governor's Legislative Council has refused pleasure Provision (or case of leave to introduce, or has failed to pass in failure to pass Legislation a form recommended by the Governor, any in Governors' Legislative j$i\] relating to a reserved subject the Councils. Council by the Governor, Governor may certify that the passage of the Bill is essential for the discharge of his responsibility for the subject, and thereupon the Bill shall, notwithstanding that the Council have not consented thereto, be deemed to have passed, and 'shall, on signature by the Governor, become an Act of the local legislature in the form of tho Bill as originally introduced or proposed to be introduced in the Council or (as the case may bo) in the form recommended to the GOVERNMENT OF INDIA ACJ 1919 IS (2) Every such Act shall be expressed to be made by the Governor, and the Governor shall forthwith send an authentic copy an Act passed by tho local Legislature and duly assented to: Provided that where, in tho opinion of the Governor-General a .state of emergency exists which justifies such action, ho may, 'instead of reserving such Act, signify his assent thereto, and thereof to the Governor- General who shall reserve the Act for the signification of His Majesty's pleasure, and upon the signification of such assent by His Majesty in Council, and the notification thereof by the Governor-General, the Act shall have the same force arid effect as thereupon the Act shall have such foice and affect as subject however to disallowance by His Majesty in Council. aforesaid, (3) An Act made under this section shall, as soon as practicable after Act which is roqnirod to bo presented for His Majesty's assent shall Sec. 14. An official shall not be qualified for election as a mem- w . .,t ber of a local Legislative Council, and if any not be so being made, bo laid before each House of Parliament, and an presented until copies thereof have been laid before each House- of Parliament for not less than eight days on which that House has sat. Vacation of seats in local & iiriiTi* - Legislative Councils. non-ofhcial member of a local Legislative whether elected or nominated, accepts any office in the service of tho Crown in India, his seat on the council shall become vacant: Provided that for the purposes of this provision a Minister shall not be deemed to bo an oflicia1 accept office on appointment as a Minister. as to backward tracts. affected by notification, with the sanction Council, of His Majesty previously signified by the Secretary , and a person shall not bo doemed to Sec. 15. (7) The Governor General in council may, after obtain- Constitution of new pro- ing an expression of opinion irom tho local vinces, etc , and provision government and the local legislature of State in Council, constitute a new Governor's province, or place part ot a Governor's province under the administration of a Deputy-Governor to be appointed by the Governor-General, and may in any such case apply, with such modifications as appear necessary or desirable, all or any of tho provisions of the Principal Act or this Act relating to Governor's provinces, or provinces under a Lieutenant-governor or Chief-commissioner, to any such new province or part of a province. (2) The Governor-General in Council may declare any territory in British India to be "a backward tract," and may, by notification, with such sanction as aforesaid, direct that tho. Principal Act and 16 GOVERNMENT OF INblA ACT 1919 this Act shall apply to that territory subject to such exceptions and modifications, as may be prescribed in the notification. Where the Governor-General in Council has, by notification, directed as aforesaid, he may, by the same or subsequent notification, direct that any Act of the Indian Legislature shall not apply to the territory in question or any part thereof, or shall apply to the territory or any part thereof, subject to such exceptions or modifications as the Governor-General thinks fit, or may authorise tho Governor in council to give similar directions as respects any Act of tho local legislature. Sec. 16. (l) The validity of any order made or action taken - gav after the commencement of this Acfc by the Governor-General in Council or by a local government which would have been within tho powers of the Governor-General in Council or of such local Government if this Act had not been passed, shall not be open to question in any local proceedings on the ground that by reason of any provision of this Act or of any rule made by virtue of any such provision, such" order or action has ceased to be within the powers of the Governor- General in Council or of the government concerned. (2) Nothing in this Act, or in any rule made thereunder, shall be construed as diminishing in any respect the powers of the Indian Legislature as laid down in section sixty-five of tho Principal Act, and the validity of any Act of the Indian Legislature or any local Legislature shall not be open to question in any legal proceedings dn the ground that the Acfc affects a provincial subject or a central subject as the case may bo, and the validity of any Act made by the Governor of a province shall not be so open to question on the ground that it does not relate to a reserved subject. (3) The validity of any order made or action taken by a Governor in Council, or by a Governor acting with his Ministers, shall not be open to question in any legal proceedings on the ground that such order or action relates or does not relate to transferred subject, or relates to a transferred subject of which the Minister is not in charge. PART II. GOVERNMENT OF INDIA. Sec. 1 7. Subject to the provisions of this Act, the Indian Id* L ffislature Council of State and the Legislative Assembly. legislature shall consist of the Govemor- General and two Chambers, namely the GOVERNMENT OF INDIA ACT 1919 17 Except as otherwise provided by or under this Act a Bill shall not be deemed to have been passed by the Indian Legislature unless it has been agreed to by both Chambers, either without amendment or with such amendments only as may be agreed to by both Chambers. Sec 18. (l) The Council of State shall consist of not more Council of State. fcnan s* xty mem^ers nominated or elected in accordance with rules made under the Principal Act, of whom not more than twenty shall be official members. (2) The Governor-General shall have power to appoint, from among the members of the Council of State, a President and other persons to preside in such circumstances as he may direct. (3) The Governor-General shall have the right of the Council of State, and may for that purpose require the atten- dance of its members. Sec 19. (/) The Legislative Assembly shall consist of members nominated or elected in accordance with rules made under the Principal Act. (2) The total number of members of the Legislative shall bo one hundred and forty. The number of non-elected members shall be forty, of whom twenty-six shall be official members. The number of elected members shall be one hundred : Provided that rules made under the Principal Act may provide for increasing the numbers of the Legislative Assembly as fixed by this section, and may vary the proportion which the claies of members bear one to another, so however, that at least five-sevenths of the Legislative Assembly shall be non-official members. (3) The Governor-General shall have the right of addressing the Legislative Assembly, and may for that purpose require the attendance of its members. Sec. 20. (l) There shall be a president of the Legislative ... Assembly, who shall, until the expiration of four years from the first meetin there' . Legislative Assembly. w 81 of, be a person appointed by the Governor- General and shall thereafter be a member of the Assembly elected by the Assembly and approved by the Governor-General : Provided that, if at the expiration of such period of four years the Assembly is in session, the President then in office shall continue in office until the end of the current session, and the first election 3 addressing Assembly 18 GOVERNMENT OF INDIA ACT 1919 of a President shall take place at the commencement of the ensuing session. (#) There shall be a Deputy-President of the Legislative Assembly, who shall preside at meetings of the Assembly in the absence of the President, and who shall l;e a member of the Assembly elected by the Assembly and approved by the Governor- General. (3) The appointed President shall hold office until the date of the election of a President under this section, but he may resign his office by writing under his hand addressed to the Governor-General or may bo removed from office by order of the Governor-General and any vacancy occurring before the expiration of his term of office shall be filled by a similar appointment for the remainder of such term. (4) An elected President and a Deputy-President shall cease to holdofficeiftheyceasotobemembersoftheAssembly. Theymay resign office by writing under their hands addressed to the Qpvernor- Gonoralandmayboremovedfromoffice byavoteoftheAssembly with tho concurrence of the Governor-General, (5) A President and Deputy-President shall receive such salaries as may bo determined, in tho case of an appointed President by the Governor-General, and in tho caso of an elected president and a Deputy-President by Act of tho Indian Legislature. Duration and sessions of Sec. 21. (l) Every Council of State Legislative Assembly and shall continue for five years, and every Council of State. itsfirst meeting: Provided that Legislative Assembly for three years, from . either Chamber of the Legislature may bo sooner dissolved bythe Governor-General; and I, any such period may be extended by the Governor- General if in special circumstances he so thinks fit ; and c. after the dissolution of either Chamber the Governor- General shall apoint a date not more than six months, or, with the sanction of the Secretary of State not more than nine months after the date of next session of that chamber. (2) The Governor-General may appoint such times and places for holding the sessions of either Chamber of the Indian Legislature as he thinks fit, and may also from time to time, by notification or otherwise, prorogue such sessions. dissolution forthe GOVERNMENT OF INDIA ACT 1019 IS (3) Any meeting of either Chamber of the Indian Legislature may be adjourned by the person presiding. (4) All questions in either Chamber shall be determined by a majority of votes of members present other than the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes. (5) The powers of either Chamber of the Indian Legislature may be exercised notwithstanding any vacancy in the Chamber. Sec, 22. (l) An official shall not be qualified for election as a member of either chaimber of the Indian LegislaturC) andj if any 1K) n-official member of either Chamber accepts office in the service of the Crown in India, his seat in that Chamber shall become vacant. (2) If an elected member of either Chamber of the Indian Legislature becomes a member of the other Chamber, his seat in such first mentioned Chamber shall thereupon become vacant. (3) If any person is elected a member of both Chambers of the Indian Legislature, he shall, before he takes his seat in either Chamber, signify in writing the Chamber of which he desires to bo a member, arid thereupon his seat in the other Chamber shall become vacant. .. Membersh^of . .. ,. . . both cham- member of the Governor-General^ Executive (4) Every the other Chamber, but shall not bo a member of both Chambers. Council shall be nominated as a member of one Chamber of the Indian Legislature, and shall have the right of attending in and addressing Sec. 23. (l) Subject to tho provi- Supplimentray provisions asto composition of Legis- sions of this Act, provisions may be made lativc Assembly and by rules under the Principal Act as to Council of State a. tho term of office of nominated members of tho Council of State and tho Legislative Assembly, and tho manner of filling casual vacancies occuring by reason of absence of members from India, inability to attend to duty, death, acceptance of office, or resignation duly accepted, or otherwise : and i. the conditions under which and the manner in which be nominated as members of tho Council of State or the Legislative Assembly ; and c. the qualification of electors, the constitution of constituen- cies, and the methods of election for Jhe Council of State persons may GOVERNMENT OF INDIA ACT and the Legislative Assembly (including the number of members to be elected by communal and other electorates) and any matters incidental or ancillary thereto ; and d. the qualifications for being or for being nominated or elected as members of the Council of State or the Legislative Assembly : and e. the final decision of doubts or. disputes as to the validity of an election : and /. the manner in which the rules arc to be carried into effect. (2) Subject to any such rules, any person who is a ruler or subject of any State in India may be nominated as a member of the Council of State or the Legislative Assembly. Sec, 24, (l) Subsections (2) and (3) of section sixty-seven of the 20 Principal Act (which relate to the classes in Indian Legislature. * business which may be transacted by the Indian Legislative Council) shall cease to have effect. (2) Provision may be made by rules under the principal Act for regulating the course of business and the preservation of order in the Chambers of the Indian Legislature, and as to the persons to preside at the meetings of the Legislative Assembly in the absence of the PresidentandtheDeputy-President; audtherules mayprovidefor the number of members required to constitute a quorum, and for prohibiting or regulating the asking of questions on, and the disscus- sions of, any subject specified in the rules. (3} If any Bill which has been passed by one Chamber is not, within six months after the passage of the Bill by that Chamber, passed by the other Chamber either without amendments -or with such amendments as may be agreed to by tho two Chambers, the Governor-General may in his discretion refer the matter for decision to a joint sitting of both Chambers : Provided that standing orders made under this section may provide for meetings of members of both Chambers appointed for the purpose, in order to discuss any difference of opinion which has arisen between the two Chambers. (4) Without prejudice to the powers of the Governor-General under section sixty-eight of the Principal Act, tho Governor-General may, where a Bill has been passed by both .Chambers of the Indian Legislature, return tho Bill for reconsideration by either Chamber. (5) Eules made for the purpose of this section may contain such general arid supplemental provisions as appear necessary for the purpose of giving full effect to this section* Business and proceedings GOVERNMENT OF INDIA ACT 1010 2! (6) Standing orders may bo made providing for the conduct of business and the procedure to be followed in either Chamber of the Indian Legislature in so far as these matters are not provided for by rules made under the Principal Act. The first standing orders shall be made by the Governor-General in Council, but may, with the consent of the Governor-General, bo altered by the Chamber to which they relate. Any standing order made as aforesaid which is repugnant to the provisions of any rules made under the Principal Act shall, to the extent of that repugnancy but not otherwise, be void. (7) Subject to the rules and standing orders affecting the Chamber, there shall be freedom of speech in both Chambers of the Indian Legislature. No person shall be liable to any proceedings in any court by reason of his speech or vote in either Chamber, or by reason of anything contained in any official report of tho proceedings of either Chamber. Sec. 25. (l) Tho estimated annual expenditure and revenue ^ Governor-General in both Chambers of the Indian Legislature in each year. (2) No proposal for tho appropriation of any revenue or moneys for any purpose shall bo mado except on tho recommendation of the Governor-General. (<>) The proposals of the Governor-General in Council for the appropriation of revenue or moneys relating to tho following heads of expenditure shall not be submitted to tho vote of tho Legislative Assembly, nor shall they bo open to discussion by cither Chamber at the time whon the annual statement is under consideration, unless the Governor-General otherwise directs (i) interest and sinking fund charges on loans ; and (ii) expenditure of which tho amount is prescribed by or underanylaw; and (Hi) salaries and pensions of persons appointed by or with tho approval of His Majesty or by the Secretary of State in Council; and (iv) salaries of Chief Commissioners and Judicial Commis- sioners; and (v) expenditure classified by the order of the Governor-General in Council as a. ecclesiastical ; i. political ; c. defence, Indian budget * be laid in the form of a statement beforo ^ Council shall 22 GOVERNMENT OF INDIA ACT 1019 (4) If any question arises whether any proposed appropriation of revenue of moneys does or does* not relate to the above heads, the decision of the Governor-General on the question shall be final, () The proposals of the Governor-General in Council for the of revenue or moneys relating to heads of expenditure not specified in the above heads shall be submitted to the vote of Legislative assembly in the form of demands for grants. (6) The Legislative Assembly may assent or refuse its assent to any demand or may reduce the amount referred to in any demand by a reduction of the whole grant. (7) The demands as voted by the Legislative Assembly shall be submitted to the Governor-General in Council, who shall, if he declares that he is satisfied that any demand which has been refused the Legislative Assembly is essential to the discharge of his appropriation by act as if it had been assented withholding of such assent or the reduction of the amount therein referred to, by the Legislative Assembly. responsibilities, to, notwithstanding in this section the Governor- shall have power, in cases of emergency, to authorise such (#) Notwithstanding anything General as may in his opinion, be necessary for the safety or tranquillity of British India or any part thereof. expenditure Sec. 26. (l) Whore either Chamber of the Indian Legislature refuses leave to introduce or fails to pass - n ft form recomm0IJdod by the Governor- Genoralj any Billj tho Governor-General may certify that the passage of the Bill is essential for the safety, tranquillity or interests of British India or any part thereof, and thereupon a. if the Bill has already been passed by the other Chamber, the Bill shall, on signature by the Governor-General, notwithstanding that it has not been consented to by both Chambers, forthwith become an Act of the Indian Legislature in the form of the Bill as originally introduced or proposed to be introduced in the Indian Legislature, or (as the case may be) in the form recommended by the Governor-General; and I. if the Bill has not already been so passed, tho Bill shall be laid before the other Chamber, and, if consented to by that Chamber in the form recommended by tho Governor- General, shall become an Act as aforesaid on the signi- Provision for case of failure to pass Legislation. fication of the Governor-General's assent, or, if not so GOVERNMENT OF INDIA ACT 1919 23 consented to, shall, on signature by the Governor- General, become an Act as aforesaid. (2) Every such Act shall be expressed to be made by the Governor-General and shall, as soon as practicable after being made, be laid before both Houses of Parliament, and shall not have effect until it has received His Majesty's assent, and shall not be present- ed for His Majesty's assent until copies thereof have boon laid before each House of Parliament for not loss than eight days on which that House has sat; ancl upon the signification of such assent by His Majesty in Council and the notification thereof by the Governor- the Act shall have the same force and effect as an Act passed by the Indian Legislature and duly assented to. Provided that, whore in the opinion of the Governor-General a state of emergency exists which justifies such action, the Governor- General may direct that any such Act shall come into operation forthwith, and thereupon the Act shall have such force and effect as aforesaid, .subject, however, to disallowance by His Majesty in Council. Sec. 27. (l) In addition to the measures referred to in sub- General, section sixty-seven of tho Principal Act, as requiring tho previous sanction of the it shall not be lawful without such previous sanction to introduce at any meeting of either a. regulating any provincial subject, or any part of provincial subject, which has not been declared by rules under the Principal Act to bo subject to Legislation by the Indian Legislature. b. lopoalingoramendinganyActofalocalLegislature; c. repealing or amending any Act or ordinance made by the Governor-General. (2) 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 tranquillity 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 bo given to such direction. Supplemental provisions as to powers of Indian Legislature. Governor-General, Chamber of tho Indian Legislature any measure. 24 GOVERNMENT OF INDIA ACT J9J9 Sec. 28. (l) The provision in section thirty-six of the Princi- pal Act, imposing a limit on the number f mbe r of the Govornor-General's Executive Council, shall cease to have effect. (2) The provision in section thirty-six of the Principal Act as to the qualification of members of the council shall have effect as though the words "at the time of their appointment'' were omitted, and as though after the word " Scotland" there were inserted the words "or a pleader of the High Court" and as though " ten years " were substituted for " five years." (3) Provision may bo made by rules under the Principal Act as to the qualifications to be required in respect of members of the Governor-General's executive council, in any case where such provi- sion is not made by section thirty-six of the Principal Act as amended by this section. (4) Sub-section (2) of section thirty-seven of the Principal Act (which provides that when arid so long as the Governor-General's executive council assembles in a province having a Governor ho shall bo an extraordinary member of the council) shall cease to havo effect. Sec. 29. (l) The Governor-General may at his discretion . Appointment ^Council appoint, from among the members of the Le^is]ativo Assembly, Council Secre- taries 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 Assembly. PART III. SECRETARY OF STATE IN COUNCIL. Legislative Sec. 30. The salary of the Secretary of State, the salaries of his undersecretaries, and any other expenses anything in the Principal Act, instead of Payment of salary of Secre- of etc.,outof tary State, moneys provided by Parliament. be paitl out of moneys provided by Parliament, and the salary of the Secretary of State shall be so paid. of hie^ depa ^rtment may, notwithstanding Qf the revenueg of j ^jng ndift) GOVERNMENT OF INDIA ACT 1919 25 Sec. 31. The following amendments shall be made in section Council of India three of the Principal Act in relation to the composition of the Council of India, the qualification, term of office, and remuneration of its members . (/) The provisions of sub-section (l) shall have effect as though "eight" and "twelve" were substituted for "ten" and "fourteen " respectively as the minimum number of members, provided that the council as constituted at the time of the passing of this Act shall not be affected by this provision, but no fresh appointment or re-appoint- ment thereto shall be made in excess of the maximum prescribed by this provision. () The provisions of sub-section (3) shall have effect as if -half "were substituted for "nine" and "India" were suDsfituted for "British India." (3) In sub-section (4) "fix# ;j$As " shall be substituted for "seven years " as the term of office of members of the Council, provided that the tenure of office of any person who is a member of the Council at the time the passing of this Act shall not be affected by this provision. (4) The provisions of sub-section (8) shall cease to have effect arid in lieu thereof the following provisions shall be inserted : " There shall be paid to each member of the Council of India the annual salary of twelve hundred member of the CounciP whtT'^was at the time of his appointment domiciled in India shall receive, in addition to the salary hereby provided, pounds. an annual subsistence allowance of. six hundred Such salaries and allowances may be paid out of the revenues of India or out of moneys provided by Parliament/' (5) Notwithstanding anything in any Act or rules, where any person in the service of the Crown in India is appointed a member of the Council before 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 be payable to him on completion of such period, be reckoned as service under the Crown in India whilst resident in India, pounds : provided that any *jHie_ of 26 GOVERNMENT OF INDIA ACT 1919 Sec. 32. (l) The provision in section six of tho Principal Act which prescribes tho quorum for meetings of the Council of ]rdia shal] cease to have Further provUions a* to Council or India. (2) The provision in section eight of the Principal Act relating to meetings of the Council of India shall have effect as though " month " were substituted for " week." (3) Section ton 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 direct ion shall, subject to the provisions of this Act, be treated as being an order of tho Secretary of Stitte in Council" wore inserted in lieu thereof. Sec. 33, The Secietary of State in Council may, notwithstand- ing anything in the Principal Act, by rulo n? , j J.-L o j. r en. Secretary 1.11 and the provide for a quorum by directions to be issued in this behalf. effect, j. of State shall regulate and restrict the exercise of tho 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 sulgects other thanJransfejTejd^dBd^ects, tho rules proposed to bo made shall be laid in dfaTTTJefore 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 and such rules on being so made shall be of full force and effect. Any rules relating to tranaferred^subjocts made under this section shall be laid before both Houses ol 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. approved, GOVERNMENT OF*1NDIA ACT 10JO 27 Sec. 34. So much of section five of the Principal Act as relates to orders and communications sent to India Secretary of State and from the United Kingdom and to orders Correspondence India- between made in the United Kingdom, and section eleven, twelve, thirteen arid 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. His Majesty may by Order in Council make provision for High Commissioner for the appointment of a High Commissioner for jndj[a in the Uriited 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. (l) Subject to the provisions of the Principal Act The Civil Service in Ind.a. and ol rules made thereunder every person in the civil service of the Crown in India holds ofHce during His Majesty'* pleasure, and may bo 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 ho was appointed, and the Secretary of State in Council may (except SJD for as ho may provide by rules to tho 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, arid on duo 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 Ihe 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* 28 GOVERNMENT OF INDIA ACT 1910 (2) The Secietary 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, ior 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. (3} 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. Nothing in this section or in any rule thereunder shall prejudice the rights to which any person may, or 1*7 -~A to \r:^ 19 I o anu o o v ici. . may have, , ,,i> i.1 become entitled under the ci. provisions in relation to pensions contained in the East India Annuity Funds Act, 1874. (4) For the removal of doubts it is hereby declared that all rules or other provisions in operation at tho time of the passing of this Act, whether made by tho 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 tho powers in that behalf, arid 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. (l) Notwithstanding anything in section ninety-seven A, Appointment. tothc Indian 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, 5 and 6 Geo 5 c 87 (which confers power during the war and Rules under Part IV. Council of India. made except with the concurrence of the majority of votes at a meeting of GOVERNMENT OF INDIA ACT 1919 2& rules made under this section shall not have force until they have been laid for thirty days before both House of Parliament. (2) The Indian Civil Service (Temporary Provisions) Act, 1915 Any 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 Sec. 38. (J) There shall be established in India a public service " two years." Public Service Commission, 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 bo removed before the expiry of his term of office, except by order of the Secretary of State in Council. The quali- fications 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. (#) The public service commissori 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. (/) An Auditor-General in India shall be Financial Control. 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, mako 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 bo 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 lo:al Government. Sec. 40. Rules made under this Part of this Act shall not bo appointed the, 30 GOVERNMENT OF INVIA AUT'ltolO PART V. STATUTORY COMMISSION. Sec. 41. (7) At the expiration of ten years after the passing c*.*. ^, r,,,:. -^ f this Act the Secretary of State, with statutory Lommi&sion. , , r . ,. TT . Vi T the concurrence of both Houses of Parlia- ment, shall submit for the approval of His Majesty the names of persons to act as a Commission for the purposes of this section. (#) 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 includ- ing the question whether the establishment of second Chambers of the local Legislatures is or is not desirable. * (#) 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. PAET VI. GENERAL. Sec. 42. Notwithstanding anything in section one hundred and of Modificabon^ofs.^124 twenty-four of the Principal Act, if any member of the Governor-General's Execu- tive 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. 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 tD this Act be signified by His Majesty in Council. . Signification of Koyai . GOVERNMENT OF INDIA ACT 1919 31 Sec. 44. (7) Where any matter is required to be prescribed r 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 pro- vinces. (3) Any rules to which sub-soction (1) of this section applies shall be laid before both Houses of Parliament as soon as may bo 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 rales arc laid before it praying that the rules or any of them may bo 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 bo 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 modifi- cation or addition, or with modifications or additions to which both Housesagree, but,uponsuchapprovalbeinggiven,therulesmaybe 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 bo further laid before Parliament. Sec. 45. (7) The amendments sot out in parts I and II of the Second Schedule to this Act, being amend- Power to make rules. lE'SKS, etc r^toincorPpOTate th P^iBions of this Act in the , and further Principal Act, 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 Princi- pal Act as so amended. The provisions of the Principal Act, speci- fied in Part III of that schedule, being provisions which are olsolete 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 Govern- ment of India (Amendment) Act, 1916, or by this section and the 32 GOVERNMENT OF INDIA ACT 1919 Second Schedule to this Act, to be substituted for or added to any portion of the Government of India Act, 191 5, 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 enatmerit 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 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, arid 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, 191(5, is hereby repealed. Sec. 46. In this Act the expressions "official " and "non- official," Definition of official. where used .n 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. (l) This Act may be cited as the Government of by Iridia Act 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 Shorttitle, commence- ment, interpretation, and transitory a"<* he Act for the time in force, may be cited as the Government 1 as amended by any being GOVERNMENT OF INDIA ACT 1919 33 Council all 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. (3) 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 bo construed as references to the Principal Act as amended by this Act or to the corresponding provision thereof. (4) 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 commence- ment 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 remov- ing the difficulty. SCHEDULES. * FIRST SCHEDULE. NrMBER OF MEMBERS OF LEGISLATIVE COUNCILS. Madras ....... 118 Ill 125 118 83 98 70 53 Bombay Bengal United Provinces Punjab Bihar and Orissa Central Provinces Assam ...... ...... legislative Council. Number of Members. ...... ....... *Section 7. 34 SCHEDULE NO. 1 t 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. A(<1> Sec. 1 Modifications. - Place and Method of uv;i>ijiui,3S, To be inserted as new "this Act" to be substituted for 39, and 10 sections (96p,,96c,96D, and 96E) after section 96A. constituting a now Part (VIlA.)after Part VII. "the principal Act," and "the Government of India Act,1919." to bo substituted for "this Act." except in section 40. Sec. 37 (1) To bo inserted as a new "this section" to bo substituted sub-sec. (6) of s. 97. for "section ninety-seven of the principal Act," and "any rules proviso to s. 1 2 1. anything in this Act" to bo substituted for "Notwithstand- in section one hundred and twenty-four of the ing anything principal Act." 3x SCHEDULE NO. 1 Place and Method of ou in the Priu- cipal Act. p..f iroviMonot jucorporat i Modification*. Act Sec. 44 . Sec. 46 . ' To be inserted as a now "this Act" to be substituted for section (129A) at the ''the principal Act" and for beginning of Part XII. "this Act or under the principal Act-" To bo inserted as a new "in this Act" to be omitted, paragraph at the end and "this Act" to bo substituted of s. 13k for ''the Principal Act" and for ''the principal Act or this Act." Sec. 47 (3) To be inserted as new "this Act" to be substituted for and (4) paragraph at the end "tho principal Act" and for "the of s. 130. principal Act as amended by First To be inserted in lieu Schedule, ofScheduleI, PART II. The provisions of tho principal Act specified in the first column of this table shall bo amended in the manner shown in tho second column. Section of Act. Table. Amendment. 2 In sub-section (2) "or rules made thereunder" shall be inserted after "this Act." Tho following sub-section shall be substituted for sub- section (3) : "(3) The salary of the Secretary of State shall bo paid out of moneys provided by Parliament, and the salaries of his this Act." under-socretaries and any other expenses of department may be paid out of tho revenues of his India or out of moneys provided by Parliament." Section of Act. GOVERNMENT OF INDIA ACT 1919 39 Amendment, 3(1) "eight" shall be substituted for "ten," and " twelve '< shall be substituted for " and the fourteen," 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 tho maximum prescribed by this provision," 3(3) "one-half shall be substituted for "nine," Mid" India" shall bo substituted for ''British India." 3 (4) " five years " shall bo substituted for " seven years," and the following words shall bo inserted at the end of tho sub-section : " Provided that the tenure of office of any person who is a member of tho Council at the time of tho passing of the Government of India Act, 1919, shall be the same as though that Act had not been passed." 3 (8) Tho following sub-sections shall be substituted for this sub- section : "(8) There shall be paid to each member of tho Council of India tho annual salary of twelve hundred pounds : Provided that any member of the Council who was at tho 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 tho revenues of India or out of moneys provided by Parlia- ment. (9) Notwithstanding anything in any Act or rule, where in the service of the Crown in India is appointed a member of tho Council before the comple- tion 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." any person 40 Section of Act SCHEDULE KO. 1 Amendment. The words of this section from an^ including the words "but every order " to the end of the section shall be omitted. For " not loss than five members are present " there shall be substituted " such number of members are present as may bo prescribed by general directions of the Sec- retary of State." For '* week " there shall bo substituted " month." For "all business of the Council or committees thereof is to bo transacted " there shall bo 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." The words of this section from the beginning down to and including " Provided that " shall be omitted. After "under this Act " there shall bo inserted " except so far as is otherwise provided under this Act." 5 6 8 10 19 20(2)(eO 21 27(9) At" the beginning of this section there shall be inserted subject to the provisions of this Act and rules made thereunder." 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 ap- pointment of a High Commissioner for India." 30 After sub-section (1) the following sub-section shall be inserted. "(!A) A local Government may on 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 and rules made under this Act may provide for the* conditions under which this power shall be exercisable." behalf and in the purpose, Section of Act. 31 33 35 37 In sub-section (2) " sub-section (l) of this section " shall be substituted for this " section." "Indian legislature" shall bo substituted for "Governor General in- Legislative Council." At the beginning of the section there shall bo inserted " Subject to the provisions of this Act and rules made thereunder." This section shall be omitted. "ordinary " in sub-sections (1) and (2) shall be omitted. In snb-section (2) for the words irom and including " five or " to the end of the sub-section there shall bo subs- 37 GOVERNMENT OF INDIA ACT im Amendment. 41 tituted "such as His Majesty thinks fit to appoint." In sub-section " at the time of their " (3) appointment shall be omitted, after "Scotland" thore shall be inserted "or a pleader "of a High Court," and "ton" shall be substituted for five." In sub-section " (-O.'for as mem- ordinary person appointed ber of the council " thoro shall be substituted " member of the council (other than the Commandor-in-Chief for the time being of His Majesty's forces in India)." At the end of the section the following new sub-section " Provision be made rules under this Act (5) may by as to the qualifications to be required in respect of tho members of the Governor-General's Executive Council in any case where such provision is not made by the foregoing provisions of this section." The following section shall be substituted for section thirty- seven : "37. If Commander-in-Chief for tho time being of His Majesty's forces in India is a member of the Governor- General's executive Council he shall, subject to tho provisions of this Act, have rank and precedence in the Council next after the Governor-General " shall be inserted : 39 In sub-section (2) for "one ordinary "member of the Council " there shall be substituted one member of the Council (other than the Coimnander-in-Chief)." 6 42 Section of Act 40 42 45 SCHEDULE NO, 1 Amendment. At the end of sub-section (l) there shall he inserted "and when so signed shall not bo called into question in any legal proceeding on tho ground that they were not duly made by the Governor-General in Council," For "ordinary member" there shall be substituted "member (other than the Commandcr-in-Chief)." At tho beginning of tho section there shall be inserted "Subject to the provisions of this Act and rules made thereunder/' 40 The _ sub-section shall bo substituted for sub-section following (2) : "(-) The Governors of the said presidencies nro ^appoint- ed 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- Geneial." In subsotion (3) "tho Governors' provinces" shall bo substi- tuted 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 tho time of his appointment has been" shall bo sub- stituted for ''Two at least of them must be persons who at the time of their appointment have been." The following sub-section shall bo substituted for sub-section (3):- "(3) Provision may be made by rules under this Act as to the qualifications to bo 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(l) 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 execu- tive Council" shall be omitted, Section of Act. 57 58 65 67 GOVEUNMENT OF 1N1>L1 ACT 1019 13 Amendment. At the end of the section there shall be inserted ''an order made as afore-said shall riot be called into question in any legal proceedings on the ground that it was not duly made by the Lieutenant-governor in Council " "Assam, the Central Provinces," shall bo omitted. For "Governor-General in Legislative Council " there shall bo substituted "Indian Legislature." "either chamber of the Indian Legislature " shall be substi- tuted for "the Council." At the end of sub-soction (2) the following shall bo inserted (i) regulating any provincial subject, or any part of a provincialsubject, whichhasnotbeendeclaredby rules under this Act to be subject to Legislation by the Indian Legislature ; or (ii) repealing or amending any Act of a local Legisla- ture; or (Hi) repealing or amending any Act or ordinance made by the Governor-General. ("2 A) Where in either chamber of the Indian Legisla- ture any Bill has been introduced, or is proposed to be introduced, or any amendment to a Bill is moved, or proposed to bo moved, the Governor- Generalmaycertifythat'.the Bill,oranyclauseof it, or the amendment, affects the safety or traqui- lity of British India, or any part. thereof, and may direct that no proceedings, or that no further proceedings, shall bo taken by the chamber in relation to the Bill, clause, or amendment ; and effect shall be given to such direction." 68 "Bill" shall bo substituted for "Act" and "a Bill" for "and Act " "by both chambers of the Indian Legislature" ; shall bo substituted for "at a meeting of the Indian 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 "Au Legislative Council," U Section of Act. 09 70 SCHEDULE NO. 1 Amendment. Act of the Governor-General in Legislative Council has not validity." 'in Council" shall bo inserted after "His majesty" and "to the Governor-General through the Secretary of State in Council" shall be omitted, "Indian Legislature" shall bo substituted for "Govemor- in Legislative Council;" "in Council;" shall be inserted after "His Majesty" and "through the Secretary of State in Council''' shall bo omitted. This section shall be omitted. 71(2) "Indian Legislature" shall bo substituted for Governor- General in Legislative Council." 72 'Indian Legislature" shall bo substituted for "Governor- General in Legislative Council." 73 In sub-section (l) "a Governor or of'' shall be omitted and "and of members nominated or elected as hereinafter provided " shall be substituted fur "with the addition of of members nominated or elected in accordance with rules made under this Act." In sub-section (3) "as hereinafter provided" shall be sub- stituted for *'in accordance with rules made under this Act/) 71 This section shall bo omitted. 75 This section shall bo omitted. 70 In sub-section (l) "section" shall be substituted for "Act" and the following proviso shall be substituted foi the exis- ting 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 (*J) "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 legis- lature" shall be substituted for "Governor-General in Legislative Council/ 3 Section of Act 78 GOVERNMENT OF INDIA ACT 1'JlO 45 Amendment The following provision shall be inserted at the beginning of sub-section (I): "A Lieuteuant-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 ho thinks fit, and may also, by notification of other- wise, prorogue the Council, and any meeting of the 79 80 Chief-Commissioner may be adjourned by the person presiding." In sub-section (2) "in accordance with rules rriade under this Act" shall be omitted. For sub-section (3) the following sub-section shall be substi- tuted: "(3) All question at a meeting of the Legislative Council of a Licutenant-Governor or Chief Commissioner shall 1)0 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 Lieu- tonant-GovornorsandChiefCommissioners. Noperson 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 procee- dings of those Councils." This section shall be omitted. In sub-section (1) after "lo. al Legislative Council," there Legislative council of a Lieutenant-Govornor or a 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 bo inserted "of a province other than a Governor's province," the word "Governor/5 where it occurs immediately before the word "Lieutenant-Governor," shall be omitted, and "Indian Legislature" shall be substituted for "Governor- General in Legislative Council." 4i> MUtibl'LE NO. J Section of Act. Amendment. 81 82 83 8-i At the end of the section the following new sub- section shall bo inserted: "The local Government of any province (other than a Governor's province) for which a local Legislative Council is hereafter constituded 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 Legislature of any such province may, subject to the assent of the Lieutenant-Governor or alter the rules for the conduct of Legislative business in the local Council (including rules proscribing the mode of promulgation arid 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 eficct." Throughout sub-sections(l) and (2) and in sub-section (3) where it first occurs, for "Act," there shall be substi- tuted "Bill" and in sub-section (I) "by" shall be substi- tuted for "at a meeting of." For "an Act" there shall be substituted "a Bill" and for "has no effect" there shall bo substituted "shall not become an Act," For "any such Act" where thoso words occur for the first and third times, there shall bo substituted "an Act" and for those words whore they occur for the scond time there shall l)o 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. This section shall bo omitted. "an Art of the Indian legislature" shall be substituted for "a law made by the Governor-General in Legislative Chief-Commissioner, Section of Act. SG 87 members" shall bo substituted holding oilico under the Crown in 90 92 in-Chief)." In sub-section (1) after "Governor" there shall be inserted "of a presidency." In sub-section (4-) 'ordinary' shall be omitted, and after, "executive council" there shall be inserted "(other than the Commander-in-Chief)." "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)() "under this Act" all all bo omitted. QOTERNMEXT OF IKfllj ACT 7,9/,0 Amendment. Council" and "non-official for "members not India." 47 In paragraph (<) "an Act of" shall bo substituted for "a law made -by." * In sub-sect ion('l) 'ordinary" shall be omitted, and after the words "Fxeeutive. Council" where they first occur there shall be inserted the words "(other than the Commander- in-Chief)." "ordinary"shallbeomittCMI andafter"Governor-General," whore it occurs for the second time, there shall be inserted "other than the Gonimender-in-chiei)." ^0 In sub-section ( i) for "ordinary member of the Council" where it occurs for the second time, there shall be substi- tuted "member of the council (other than the Commander- 93 (1) "either chamber of the Indian legislature" shall be subs- tituted for "the Indian Legislative Council." 9R iBeforo "offices" wherever that word occurs before "Officers" and before "promotions" where it occurs for the second time, there shall be inserted "military." 97 "Section 96 A of this Act" shall be substituted for "the foregoing section," 110 In sub-section (I) after "Governor or Lieutenant-Governor" there shall be inserted "and minister appointed under this Act." 4* Section f Act 124 In SCHEDULE XO. 2 Amendment. 131 sub-section (4) after "Lieutenant-Governor" where it secondly occurs, there shall be inserted "or being a minister appointed under this Act," "Indian legislature" shall be substituted for "Governor- General in Legislative Council." 134(4)Tho following paragraph shall bo 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-Govornor 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 Legisla- tive council." 135 Thefollowingsectionshallbesubstitutedforsection135: "135. This Act may be cited as the Government of India Act." Second The following Schedule shall be substituted for the Second Schedule 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, One hundred and twenty- Bombav and the United-Provinces, eight thousand rupees. Section of OOVEHNMENT OF INDIA ACT 1919 48() Amendment. Act, Commander-in-Chief of His One hundred thousand rupees. Majesty's forces in India. One hundred thousand rupees. Seventy-two thousand rupees. Governor of the Bihar and- Orissa. Governor of the Provinces. Punjab Central Governorof Assam Lieutenant-Governor Member of the Governor- Kighty thousand rupees. Generars executive Council (other than the Commander- in-Chief). Member of the executive Sixty"four thousand rupees. Council of the Governor of Bengal, Madras, Bombay, and the United Provinces. Member of the executive Sixty thousand rupees. Council of the Governor of the Punjab arid Bihar and Orissa. Member of the executive Forty-eight thousand rupees. Council of the Governor of the Central Provinces. Member of the executive Forty-two thousand rupees. Council of the Governor of Assam. Third The following Schedule shall be substituted for the third Schedule Schedule* THIRD SCHEDULE. OFFICES RESERVED TO THE INDIAN CIVIL SERVICE. A. 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 Depart- ments: Provided that if the office of secretary or deputy secretary in the Legislative Department is filled from * Section 98. Sixty-sixthousandrupees. One hundred thousand rupees. 48(i) SCHEDULE NO, 3 Section of Act. Amendment. 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. Three offices of Accountants General. Office* in the provinces which were known in the year 1801 a* "Regulation Province*." Fifth Schedule Section of Act. 16 42 The following offices, namely : 1. MemberoftheBoardofRevenue. 2. Financial Commissioner. 3. Commissioner of Revenue. 4. Commissioner of Customs. 5. OpiumAgent. fi. Secretary in every department except the Public Works or Marine Department. 7. Secretary to the Board of Revenue. 8. Districtorsessionsjudge. 9. Additional district or sessions judge. 10. District magistrate. 11. Collector of Revenue or Chief Revenue officer of a district. "Indian legislature" shall be substituted in the heading for "Governor-General in Legislative Council." PART III. How dealt with. To be omitted. "and signifies his intended absence to the Council" shall be 2. J5. 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 this Act references to any word or expression in any provision of the principal Act or this Act apply, unless the contrary is stated tc that word or expression wherever the word or expression occurs in that provision. Section of Act. (55 In sub-section (l) (d) "airmen" shall be inserted after "soldiers" and "or the Air Force Act" shall be inserted after "the Army Act." 81 85 87 88 89 90 In sub-section *(l) "whether he was or was not present in Council at the passing of the Act/' shall be omitted. The following proviso shall be inserted at the end of sub-sec- tion (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." 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." To be omitted. GOVERNMENT OF INDIA ACT 1M9 Howdealt with, 4S(c) 54 (2)To he omitted. 55 (l) In paragraph (b) after "illness or otherwise" there shall be inserted "and for supplying a vacancy until it is permanently filled." In sub-section (2) (i) "the Air Force Act" shall be inserted after "the Army Act." "naval, or air" shall be substituted for "or naval." 07 73 (2)To be omitted. 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." In sub-section (l) "conditional or other" shall be omitted. In sub-section (3) for "this Act" there shall be substituted "section eightynine of this Act,"and "respectingthe assumption of the office by a person conditionally appoint- ed to succeed thereto" shall be omitted. "entitled undera conditional 48(rf) Section of Act, 91 92 WHEflVLE NO. 8 How dealt with In sub-section (4) conditional or other" shall be omitted. In sub-section (l) "conditional or other" shall be omitted. In sub-section (l) "conditional or other" shall be omitted. In sub-section (3) "then, if any person has been condi- tionally 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 suc- ceed 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 (l) the following shall be inser- ted : 118 "His Majesty may also by letters patent make si\ch pro- vision 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 inser- ted : "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." 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." Financial Relations Committee The following is the full text of the report : Chapter I. Preliminary. As a preliminary to const i rational reforms, tho authors of the Montagu-Chelmsford Report urged the importance of a complete between the finances of tho Central Government in India and those of the various Provincial governments. To this end they outlined the scheme described in Chapter virr of their report. It abrogates the present system by which certain of the main heads of revenue and expenditure are divided between the central and the provincial exchequers ; some of these it hands over wholly to tho Central Government, others wholly to the provinces. Inasmuch, however, as by this rearrangement the Government of India will lose heavily the scheme proposes to compensate them, to such extent as may be necessary, to prevent a deficit in their own 1>udget, by contributions from the contributions is taken in section 1 (2) of the Government of India Act, 1919. 2. In assessing this levy tho authors of the report met with a serious obstacle in the disparity which already exists between local Governments in the pitch of theii revenues and the scale of their expenditure, a disparity deep rooted in the economic position of tho different provinces, their revenue history and the tale of their oft- revised financial arrangements with the Central Government. For this inequality of burdens the authors of the report found no remedy in the several alternative methods of fixing the provincial contribu- tions which they examined. Their ultimate choice fell upon an assessment in the ratio of the gross surplus which they estimated that each province would enjoy under the new allocation of resources. In recognition of the admitted fact that this method would largely affirm existing inequalities, they advised that the whole question should be re-investigated by the statutory commission after ten years7 working. 3. The Government of India, in expressing their views on tho scheme, pressed for an earlier treatment of the matter vide para- graph 61 of their despatch of the 5th Marth 1919. They described separation provinces ; and the power to levy such BO fifiPOBT OF THE the feeling which had been aroused against the prima facie injustice of the exemplar figures given in the report. They urged that any such settlement should be recognised as temporary and provisional, and that steps be taken as soon as possible to fix a standard and equitable scale of contributions towards which the will be required to work by stages, as a condition of the new arrange- ments/' They proposed the appointment of a Committee on Finan- cial Eolations to advise on the subject. This recommendation was accepted and endorsed by the Joint Select Committee of Parliament which sat on the Eeform Bill. We were accordingly appointed by the Secretary of State, arid given the following terms of reference : To advise on (a) the contributions to be paid by the various provinces to the Central Government for the financial year 1921-22 ; equitable distribution until there ceases to be an all India deficit ; V) the future financing of the provincial loan accounts and ; (d) whether the Government of Bombay should retain any share of the revenue derived from income-tax. Clause (d) of these instructions was a latter addition made at the instance of the Government of Bombay, and was not communi- cated to us until we had completed our consultations with several of the larger provinces. 4. We formally opened our inquiry at Delhi on the 5th Feb the modifications to be made in the pro\inoial contribution (/>) thereafter with a view to their 1920. We then visited in turn Allahabad, Patna, Calcutta, ruary Rangoon, Madras, Bombay and Lahore. Pressure of time compelled us to ask that the consideration of the cases of Assam and the Central Provinces should be undertaken at Calcutta and Bombay, respec- tively ; and we are indebted to the two Chief Commissioners for meeting us in this request at some inconvenience to themselves. Our procedure was to discuss the subjects of our inquiry in each province with the Member of the Executive Council who holds the financial portfolio, or, in provinces where there is no Council, with the Secre- tary in charge of the Financial Department, and with such other officials as those gentlemen introduced. Sir Nicholas the Chief Commissioner of Assam, presented the case of his province in person. After taking the official evidence we.met these members of the Finance Committee of the ready to favour us with their views. We finally received such members of the general public or representatives of public bodies as offered themselves for examination. In most cases we had informal consultations with the Head of the Province ; and the local Govern- ment of Bombay as a whole accorded us two interviews. provincial legislature who were provinces Beatson-Bell, FINANCIAL RELATIONS UOMMtTTtiE M Chapter 11 the Government of India's Deficit 5. In order to effect the desired separation of central from provincial finance, the Montagu-Chelmsford Report (paragraph 203) proposes that the central exchequer should receive the whole of the Income-tax and the revenue from General Stamps-; and that the provinces should retain the entire receipts from Land Revenue, Irrigation, Excise and Judicial Stamps, while they should be wholly responsible for the corresponding charges and for all expenditure in connection with famine. We read the Joint Select Committee of Parliament as approving this redistribution, and wo considered that it would be outside our duty to advise any alteration of the scheme in the respect unless wo found the strongest reason for a change. The argument addressed to us on this branch of the subject have related mainly to Income-tax and General Stamps. Certain local Governments have remonstrated against losing a share in those two heads, and the plea for making the whole or at least one half, of the income tax receipts a provincial asset was pressed with special earnestness in Bombay, Under our instructions wo have to report on the point for that presidency, but we have found it difficult to treat the issue as applicable to one province only. The grounds of the Bombay claim are common to all provinces, and more especially to those in which large commercial and Industrial activities are centred. 6. The basic objection to the transfer of Income tax is that the provinces will thus be deprived of any share in a head of revenue which has recently shown a remarkable capacity for expansion, while they are left to finance their rapidly growing administrative needs with heads of revenue in which the increase is slow or problematical. How far the remarkable growth of the income-tax receipts in late years has been stimulated by war conditions, wo have not attempted to estimate ; but we are assured that large improve- ments are being made in the assessment staff and -in their methods, and that a rapid and continuous growth in the return may be counted upon. Several Local Governments urge that the yield from income-tax is the only direct contribution to their public revenue which is made by the industrial wealth of their province, and Governmentsi which administer great mercantile and manu- facturing centres like Calcutta and Bombay, claim special consider- ation for the heavy expenditure in which those centres involve them, To these arguments the Bombay Government added their apprehension that a time may come when a local Government may not be anxious to direct, or its officers zealous to enforce, the collection of a tax which bring no grist to the provincial mill, This 52 HEPOUT OF THE last contention was put forcibly ; but we presume that the Govern- ment of India will not be powerless to require the fulfilment by a provincial Government of its obligations under the new constitution, and that public service will not be revised in carrying out public duties with which they can be charged by law. Wedoubt if it will be Local Governments from some form of direct taxation upon the industrial and commercial earnings of their people; and wo recognise the natural anxiety of-provinces to retain a share in a rapidly improving head of revenue.But, so far as the income-tax is concerned, we see no reasons to vary the scheme of the .Report. Wo accept as valid the arguments given by its authors (paragraph 203) ; indeed, the second of these arguments seems to us capable of further extension in the case of public companies with share-holders scattered over India and elsewhere. We advise, therefore, that the whole of the income-tax proceeds be credited to the Central Government. Their needs in the near future are likely to be quite as great and to develop quite as rapidly, as those of the provinces ; while wo do riot apprehend that the richer provinces, v such as Bombay, will be seriously handicapped in the administration of their own finances. We append, and shall allude to them hereafter, some figures which indicate that several of the provinces, and Bombay in particular, may look for reasonable elasticity in their revenues apart from th* income-tax an elasticity which will in most cases be encouraged by judicious capital outlay. 7. possible permanently to exclude Trounces. Unde the Proposed Provincial Heads. Land Revenue Orneral and other Stamps. Provincial ' hcudb. All Provincial 29-06 52-43 22-30 23-82 34-88 33-65 11-20 33-18 28-00 Percentage of growth in the Last Eight Years (1912-13 to Budget 1920-21) 11-66 32-00 13-52 17-13 26-86 33-52 4-53 26-30 20-60 20'98 3 yean 35-5 32-5 29-5 2t>-5 23 20 17 . province. Madras 5-5789-510-5 6-5 8-5 10*5 12-5 15 UnitedProvinces 24-5 23-5 22-5 21 20 ^ 357 22-5 33-5 Nil. 1-5 1-51-5 8-5 10 4 4-5 5 2 2 2 22-5 100% 100% 100% 100% 100% 100% 100% 29. It should be observed that, if the Government of India fulfil their announced intention of gradually wiping out their deficit, against any increase in the proportion which a province will be called upon to contribute from year to year, there will be set off a reduction in the total to be contributed. 30. The scheme of contribution that we recommend above complies we believe with the two essential conditions, that any imme- diate dislocation in the provincial budgets must be avoided, and that the admitted inequalities of the proportions in which, in the past, the F1JNA1W1AL DELATIONS COMMITTEE 64(c> provinces have contributed to the purse of the Government of India* must be rectified within a reasonable time. The scheme is subject to the disadvantage that the ratio which we recommend is fixe^and cannot hold good for an indefinite period. We are of opinion How- ever that it will do substantial equity between the provinces until such a period of time has passed as may be required to effect a very substantial change in rh*ir relative states of economic development, a -change scarcely to be effected in less than at least a decade, Chapter V. Provincial Loan Account. 31. The future financing of the Provincial Loan Account is a less controversial subject than the others that we have had to investigate. It is commonly agreed that it is the natural result of the Reforms Scheme that the provinces should for the future finance of their owin'loan transactions and that joint accounts of this nature between them and tho Government of India should be wound up as quickly as possible. In our discussions of this subject with the Provin- cial Governments wo have found little or no difference of opinion as to this, and our task has been only to ascertain the wishes of the Provin- cial Qovurmont as to the amount of its account which each can take over on 1st, April 1921, and how soon it can take over the rest. 32. The Government of Bengal, the Panjab, the Central Pro- vinces and Assam signified to us their willingness to take over the whole of their respective loan accounts on 1st, April 1921 and we recommend that it should be arranged for them to do so. In some /oases it was stipulated as a condition that the provincial Government should be allowed to use for the purpose any part of its balance, including the earmarked portion. We see no objection to the con- dition, which accords with the intention expressed in paragraph 208 of the Montagu-Chelmsford Report. 33. The Government of Bombay, the United Provinces, Burma, Bihar and Orissa signified to us their willingness to take over a portion of their provincial loan accounts on 1st, April 1921 and the remainder in instalments to cover varying periods. The Government of Madras alone expressed unwillingness to take over any part of the account. Evidence was given before us, however, by officials of that Government to the effect that they would not object to do so if the transfer could be effected by fresh credit arrangements. In view of this and of the great improvement which will be effected in the financial position of the province by the redistribution of revenues under the Reforms Scheme, we are of opinion that there is no reason why Madras should form an exception to the general scheme for the transfer of their accounts which we recommend below for application to those provinces which are prepared to take over a part of their accounts forthwith. 64(7 and sub-section (l) of section 129-A of the Govern- ment of India Act, the Governor General in Council, with the sanction of the Secretary of State in Council, is pleased to make the follow- ing rules for the Chambers of the Indian Legislature. Short Title. 1. Those rules may be called the Indian Legislative Rules. Definitions. 2. In these rules, unless the context otherwise requires, "Assembly " means the Legislative Assembly ; "Chamber " means a Chamber of the Indian Legislature ; "Council " means the Council of State ; "Finance Member" means the member of the appointed by the Governor General to perform the functions assigned to the Finance" Member under these rules ; "Gazette meanstheGazetteofIndia; "member" moans a member of either Chamber ; "member of the Government '' means a member of the Governor-General's Executive Council, and includes any member to whom such a member may delegate any function assigned to him under these rules ; "resolution " means a motion for the purpose of discussing a matter of general public interest ; "standing order " means a standing order of either Chamber ; "Secretary " means the Secretary to either Chamber, and includes any person for the time being performing the duties of the Secretary. Assembly CO INDIAN LEGISLATIVE RULES Temporary Chairman. 3. At the commencement of every Session, the Governor-General shall nominate from amongst the members of the Assembly a panel of not more than four Chairmen, any one of whom may preside over the Assembly in the absence of the President and Deputy President, when so requested by the President, or in his absence, by the Deputy President. President and Secretary. 4. The Deputy President and any Chairman of the Assembly and any person appointed by the Governor General to preside over the Council in the absence of the President shall, whon presiding over the Assembly or the Council, as the case may be, havo the same powers as the President when so presiding, and all references to the President in these rules shall, in these circumstances bo deemed to be references to any such person so presiding. 5. The Secretary, and such assistants of the Secretary as tho Governor-General considers to be necessary, shall be order in writing by the Governor General arid shall hold office during his pleasure. Non-official Business. 6. The Governor-General, after considering the state of business of the Chamber, shall, at the commencement of each Session of that Chamber, allot as many days as are in his opinion compatible with the public interests for the business of non-official members in that Chamber, and may, from time to time during the Session, alter such allotment, and on these days such business shall have precedence. At all other times Government business shall have precedence. On Questions* 7. The Governor-General may within the period of notice disallow any question or any part of a question on the ground that it relates to a matter which is not primarily the concern of the" Governor-General in Council, and if he does so, the question or part of the question shall not be placed on the list of questions. A information on a matter of public concern within the 8. (1) question may be asked for the purpose of obtaining special cognisance of the member to whom it is addressed Provided that no question shall be asked in regard to any of the following subjects, namely : (t) any matter effecting the relations of His Mejesty's Govern- ment, or of the Governor General in Council, with foreign State ; : appointed by any GOVT. OF IN1)1A ACT J919 67 (H) any matter affecting the relations of any of the foregoing authorities with any Prince or Chief under the suzerainty of His Majesty, or relating to the afiairs of any such Prince or Chief or to the administration of the territories of such Prince or Chief ; and (Hi) any matter which is under adjudication by a Court of Law having jurisdiction in any part of his Majesty's Dominions. (2) The decision of the Governor-General on the point whether any question is or is riot within the restrictions imposed by sub-rule (1) shall be final. 9. In matters which are or have have been the subject of Supplementary Questions. 10. Any member may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given : on the record of the pioceedings of the Chamber. Motion for Adjournments. 11. A motion for an adjournment of the business of either Chamber for the purpose of discussing a definite matter of urgent public importance may be made with the consent of the Governor- General which shall not be refused, except for reasons which would justify disallowance of a resolution. 12. The right to move the adjournment of either Chamber for the purpose of discussing a definite mattei of urgent public importance shall be subject to the following restrictions, namely ; (i) not more than one such motion shall be made at the same sitting ; (ii) not more than one matter can be discussed on the saino motion, and the motion must be restricted to a specified matter of recent occurrence ; (Hi) the motion must not revive discussion on a matter which has been discussed in the same Session ; (iv) the motion must not anticipate a matter which has been previously appointed for consideration, or with reference fo whichanoticeofmotionhasbeenpreviouslygiven; and between the Governor General in Council and the controversy Secretary of State or Local Government, no question shall be asked except as to matters of fact, and the answer shall be confined to a statement of facts. ProvidedthatthePresidentshall disallow any supplementary question if, in his opinion, it infringes the rules as to the subject matter of questions, and in that case the question shall not appear any 66 INDIAN LEGISLATIVE (f) the motion must not deal with a matter on which a resolution could not be moved. Quorum. 13. In the case of the Council the presence of at least fifteen members, and in the case of the Assembly the presence of at least twenty-five members, shall be necessary to constitute a meeting of the Council or of the Assembly for the exercise of its powers. Language of Proceedings. 14. The business of the Indian legislature shall be transacted in English provided that the President may permit any member unacquainted with English to address the Council in a vernacular. Points of Order. 15. (1) The President shall decide all points of order which may arise, and his decision shall bo final. (2) Any member may at any time submit a point of order for the decision of the President, but in doing so shall confine himself to stating the point. 16. The President, after having called the attention, of the Chamber to the conduct of a member who persists in irrelevance or in tedious repetition cither of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his speech. JJill Withdrawal of Member 17. (l) Tho President shall preserve order and have all powers necessary for the purpose of enforcing his decisions on all points of order. (2) He may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the Chamber, and any member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's meeting. If any member is ordered to withdraw a second time in the same session, the President may direct the member to absent himself from the meetings of the Chamber for any period not longer than tho remainder of the Session, and the member so directed shall absent himself accordingly. (3) The President may, in the case of grave disorder arising in the Chamber, suspend any sitting for a time to be named by him. Notice and Publication of Bills 1 8. The Governor-Genera,! may order the publication of any (together with the Statement of Objects and Reasons accompa- GOVT. OF INDIA ACT 19 W t$ nying it) in the Gazette, although DO motion has been made for leave to introduce the Bill. In that case it shall not be necessary to move for leave to introduce the Bill, and, if the Bill is afterwards introduced it shall not be necessary to publish it again. 19. (l) Any member, other than a member of the Government, desiring to move for leave to introduce a Bill shall give notice of his intention, and shall, together with the notice, submit a copy of the Bill and a full Statement of Objects and Reasons. (2) If the Bill is a Bill which under the Government of India Act requires sanction, the member shall annex to the notice a copy of such sanction, and the notice shall not be valid until this requirement is complied with. (3) If any question arises, whether a Bill is or is not a Bill which requires sanction under the Government of India Act, the question shall be referredto the Governor-General, and his decision on the question shall be final. (4) The period of notice of a motion for leave to introduce a Bill under this rule shall be one month or, if the Governor- General so directs, a further period not exceeding in all two months. '20. As soon as may be after a Bill has been introduced, the Bill, unless it has already been published, shall be published in the Gazette. Certification of Governor-General 21. If the Governor-General certifies that a Bill or clause of a Bill or an amendment to a Bill affects the any safety or tranquility of British India or any part thereof, arid directs that no pro- eedings or no further proceedings shall be taken thereon, all notices of motions in connection with the certificate shall lapse, and if any such motion has not already been set down in the list of business, it shall nqt be so set down. If any such motion has been set down on rho list of business, the President shall, when the motion is reached, inform the Chamber of the Governor-General's action, and the Chamber shall forthwith, without debate, proceed to the next item of business. Disallowance of Resolutions 22. The Governor-General may, within the period of notice, disallow any resolution or any part of a resolution, on the ground that it cannot be moved without detriment to the public interest, or on the ground that it relates to a matter which is riot primarily the concern of the Governor-General in Council, and, if he does so, subject-matter of the 10 INDIAN LEGISLATIVE the resolution or part of the resolution shall not be placed on the list of business. Restrictions of Discussion 23. (1) Every resolution shall be in the form of a specific recom- mendation addressed to the Governor-General in Council, and no resolution shall be moved in regard to any of the following subjects, namely : () any matter affecting the relations of His Majesty's Govern- ment, or of the Governor-General or the Governor-General in Council, with any foreign State ; , (ii) any matter affecting the relations of any of the foregoing authorities with any Prince or Chief under the suzerainty, of His Majesty, or relating to the affairs of any such Prince or Chief or to the administration of the territory of any suchPrinceorChief; and (Hi)anymatterwhichis underadjudicationbyaCourtofLaw having jurisdiction in any part of His Majesty's Dominions. (j) The decision of the Governor-General on the point whether any resolution is or is not within the restrictions imposed by sub- rule (1) shall be final. 24. A copy of every resolution which has been passed by either Chamber shall bo forwarded to the Governor-General in Council, but any such resolution shall have effect only as a recommendation to the Governor-General in Council. On Bills 25. Every Bill which has been passed by the originating Cham- be sent to the other Chamber, and copies of the Bill shall be shall laid on the table at the next following meeting of that Chamber. 26. At any time after copies have been laid on the table, any member acting on bohalf of Government in the case of a Government Bill or, in any other case, any member may give notice of his inten- tion to move that the Bill be taken into consideration. 27. On the day on which the motion is set down in the list of business, which shall, unless the President otherwise directs, be not than three days fiom the receipt of the notice, the member giving notice may move that the Bill be taken into consideration, 2S. On the day on which such motion is made or on any subse- quent day to which the discussion is postponed, the principle of the and its general provisions may be discussed, but the details of the Bill must not be discussed further than is necessary to explain less Bill its principle, OF INDIA ACT 1019 71 29.Anymembermay(if theBillhasnotalreadybeenreferred to a Select Committee of the originating Chamber or to a Joint Committee of both Chambers, but not otherwise) *move as an amend- ment that the Bill be referred to a Select Committee, and if such motion is carried, the Bill shall bo referred to a Select Committee, and the standing orders regarding Select Committees on Bills origi- nating in the Chamber shall then apply. Passing of Bills 30. If the motion that the Bill be taken into consideration is cajriod, the Bill shall be taken into consideration, and the provisions standing orders of the Chamber regarding consideration of of the amendments to Bills and the subsequent procedure in regard to the passing of Bills shall apply. 31 H the Bill is passed without amendment and the originating Chamber is the Legislative Assembly, a message shall be sent to the Legislative Assembly intimating that the Council of State have agreed to the Bill without any simendmonts. If the originatirg Chamber is the Council of State, the Bill with a message to the effect that the Legislative Assembly have agreed to the Bill without any amendments shall be sent to the Council oi State. 32. If the Bill is passed with amendments, the Bill shall bo returned with a message asking the concurrence of the origina- ting Chamber to the amendments. 33. When a Bill which has been amended in the other Chamber is returned to the originating Chamber, copies of the Bill shall bo laid on the table at the next following meeting of that Chamber. 34. After the amended Bill has boon laid on the table, any member acting on behalf of Goveinment in the case of a Government Bill or, in any other case, any member after giving -three days' notice or with the consent of the President without notice, may move that the amendments be taken into consideration. On Amendments to Bills 35. (1) If on a motion that the amendments be taken into con- sideration is carried, the President shall put the amend- ments to the Chamber in such manner as he thinks most convenient for their consideration. (2) Further amendments relevant to the subject matter of the amendments made by the other Chamber may be moved, but no further amendment shall be moved to the Bill, unless it is consequential upon, 'or an alternative to an amendment made by the other Chamber. INDIAN LEGISLATIVE ItVLES 36. (l) If the Chamber agrees to the amendments made by the other Chamber, a message intimating its agreement shall be sent to* that Chamber. (2) If the Chamber disagrees with the amendments made by the other Chamber, or any of them, the Bill with a message intimating its disagreement shall lie sent to that Chamber. (3) If the Chamber agrees to the amendments or any of them with further amendments or proposes further amendments in place of amendments made by the other Chamber, the Bill as further amended with a message to that effect shall be sent to the other Chamber. (4) The other Chamber may either agree to the Bill as originally passed in the originating Chamber or as further amended by that Chamber, as the case may be, or may return the Bill with a message that it irsists on an amend- ment or amendments to which the originating Chamber has disagreed. (5) If a Bill is returned with a message intimating that tho other Chamber insists on amendments to which the nating Chamber is unable to agree, that Chamber may either (i) report the fact of the disagreement to the Governor- General, or (ii) allow the Bill to lapse. 37. A joint sitting of both Chambers shall be convened by the Governor-General by notification in the Gazette. 38. The President of the Council shall preside at a joint sitting and the procedure of the Council shall, so far as practicable, apply. 39. The members present at a joint sitting may deliberate and shall vote together upon the Bill at last proposed by the originating Chamber arid upon amendments, if any, which have been made theiein by one Chamber and not agreed to by the other, and any such amendment which are affirmed by a majority of the total members of the Council and the Assembly present at such sitting shall be 40. (l) If both Chambers agree to a meeting of members for the purpose of discussing a difference of opinion which has arisen between the two Chambers, a conference shall be held. 72 and if the Bill with the amendments, taken to have been carried ; if any, is affirmed by a majority of the members of the Council and the Assembly present at such sitting, it shall be deemed to have been duly passed by both Chambers. origi- OF INDIA ACT 19]9 73 (2) At a conference each Chamber shall be represented by an equal number of members. (3) The conference shall determine its own procedure. (4) The time and place of the conference shall be fixed by the President of the Council. 41. Messages between one Chamber and the other Chamber shall be conveyed by the Secretary of the one Chamber to the Sec- retary of the other, or in such other manner as the Chambeis may agree. Joint Committees. 42. (l) If a resolution is passed in the originating Chamber recommending that a Bill should be committed to a Joint Committee of both Chambers, a message shall be sent to the other Chamber to inform it of the resolution arid to desire its concurrence in the reso- lution. (2) If the other Chamber agrees, a motion shall be made in each Chamber nominating the members of that Chamber who are to serve on the Committee. On a Joint Committee equal numbers of members of each Chamber must be nominated. (3) The Chairman of the Committee shall be elected by the Committee. He shall have only a single vote, and, if the votes are equal, the question shall be decided in the negative. (4) The time and place of the meeting of the Committee shall be fixed by the President of the Council. The Budget. 43. A statement of the estimated annual expenditure and revenue of the Governor-General in Council (hereinafter referred to as " the Budget ") shall be presented to each Chamber on such day or days as the Governor-General may appoint. 44. (1) A separate demand shall ordinarily be made in respect of grant proposed for each Department of the Government provided that the Finance Member may in his discretion include in one demand grants proposed for two or more Departments, or make a demand in respect of expenditure which cannot readily be classified under particular Departments. (2) Each demand shall contain, first, a statement of the total and then a statement of the detailed estimate under each grant divided into items. (3) Subject to these rules the Budget shall be presented in such a form as the Finance Member may consider best fitted for its. con- sideration by the Assembly. grant proposed, 10 74 INDIAN LEGISLATIVE RULES The Budget Debate. 45. The Budget shall be dealt with by the Assembly in two stages, namely : (0ageneraldiscussion; and (ii) the voting of demands for grants. 46. (l) On a day to be appointed by the Governor General subsequent to the day on which the Budget is presented and for such time as the Governor General may allot for this purpose, the Assembly shall be at liberty to discuss the Budget as a whole or any question of principle involved therein, but no motion shall bo moved at; this stag*4 , nor shall the Budget be submitted to tho vote of the Assembly. (2) The Finance Member shall have a general right, of reply at tho end of the discussion. (3) The President may, if he thinks fit, prescribe a time limit for speeches. Voting of Grants. 47. (l) Not more than fifteen days shall be allotted by the Governor General for the discussion of the demands of the Governor General in Council for grants. (2) Of the days so allotted, not more than two days shall be allotted by tho Governor General to the discussion of any one demand. As soon as the maximum limit of time for discussion is reached, the President shall forthwith put every question necessary to dispose of the demand under discussion. (3) On the last day of the allotted days at five o'clock, the President shall forthwith put every question necessary to dispose of all tho outstanding matters in connection with the demands for grants. Motions. 18. (l) No motion for appropriation can be made except on tho recommendation of tho Governor General communicated to the Assembly. (2) Motions may be moved at this stage to omit or reduce any grant, but not to increase or alter the destination of a grant. (3) When several motions relating to the same demand are offered, they shall be discussed in the order in which the heads to which they relate appear in the Budget. Excess Grants. 49. When money has been spent on any service, for which the vote of the assembly is necessary during any financial year, in excess trWr. ok INDIA ACT 1910 75 of the amount granted for that service and for that year, a demand for the excess shall be Member and shall be dealt with in as if it were a demand for a grant. presented to the Assembly by the Finance the same way by the Assembly Additional Grants. 50. (l) An estimate shall be presented to the Assembly fora supplementary or additional grant when (1) the amount voted in the Budget of a grant is found to be insufficient for the purposes of the current year, or (ii) a need arises during the current year for expenditure for which the vote of the Assembly is necessary upon some new service not contemplated in the Budget for that year. (2) Supplementary or additional estimates shall be dealt with in the same way by the Assembly as if they were demands for grants. Committee on Public Accounts. 51. (1) As soon as may be after the commencement of each financial year a Committee or Public Accounts shall be constituted for the purpose ^ dealing with the audit and appropriation accounts of the Governor General in Council and such other matters as the FinanceDepartmentmayrefertothe Committee. (2) Ihe Committee on Public Accounts shall consist of not more than twelve members including the Chairman, of whom not less than two-thirds shall be elected by the non-official members of the Assembly according to the principle of proportionate representa- tion by means of the single transferable vote. The remaining members shall be nominated by the Governor- General. (3) The Finance Member shall be Chairman of the Committee, and, in the case of an equality of votes on any matter, shall have a second or casting vote. Duty of Finance Committee. 52. (1) In scrutinising the audit and appropriation accounts of the Governor General in Council, it shall bo the duty of the Committee to satisfy itself that the money voted by the Assembly has been spent within the scope of the demand granted by the Assembly. (2) It shall be the duty of the Committee to bring to the notice of the Assembly (i) every re-appropriation from one grant to another grant ; 1NMAN LEGISLATIVE RULE* (ii) every re-appropriation within a grant which is not made in accordance with the rules regulating the functions of the Finance Department, or which has the effect of increasing the expenditure on an item the provision for which has been specifically reduced by a vote of the Assembly ; and (Hi) all expenditure which the Finance Department has request- ed should be brought to the notice of the Assembly. Rules Under the Govt. of India Act Provincial Legislative Council In exercise of the powers conferred by sub-section (6) of section 72 D and sub-section 0)of section 129 A of the Government of India Act, the Governor General in Council, with the sanction of the Secretary of State in Council, is pleased to make the following rules for the Legislative Council of the Governor of Short Title. 1. Those rules may be called the Kules, Definitions. 2. In these rules ; " Finance Member" means the member of the Council appointed by the Governor to perform the function of the Finance Member under those rules ; " Gazette " means the Gazette ; " Member " means a member of the Council ; 14 Member of the Government ; ' means a member of the Execu- tive CounciloraMinister, andincludesanymembertowhomsuch member may delegate any function assigned to him under these rules. " Resolution" moans a motion- i'or the purpose of discussing a matter of general public interest ; "Standing order" means a standing order of the Council ; and " Secretary " means a Secretary to the Council and includes any person for the time being performing the duties of the Secretary. Temporary Chairman. 3. At the commencement of every Session, the Governor shall nominate from amongst the members of the Council a panel of not more than four Chairmen, any one of whom may preside over the Council iii the absence of the President and Deputy President, wheu "Council" means the Legislative Council of Legislative Council 78 INDIAN LEGISLATIVE liULEti so requested by the President or, in his absence, by the Deputy President. 4. The Deputy President and any Chairman of the Council shall, when presiding over the Council, have the-same powers as the President when so presiding, and all references to the President in the rules and standing orders shall, in these circumstances, be deemed to be references to any such person so presiding. Council Secretary. 5. The Secretary and such assistants of the Secretary as the Governor considers to be necessary shall be appointed by order in writing by the Governor and shall hold office during his pleasure. Days of Business. G. The Governor, after considering the state of business of the Council, shall, at the commencement of each Session, allot as many days as are in his opinion compatible with the public interests for the business of non- official members in the Council, and may from time to time during the Session alter such allotment, and on these days such business shall have precedence. At all other times Government business shall have precedence. On Questions. 7, The Governor may, within the period of notice, disallow any or any part of a question on the ground that it relates to a matter which is not primarily the concern of the local Government, and if he does so, the question or part of the question shall not be placed on the list of questions. 8. (l) A question may be asked for the purpose of obtaining information on a matter of public concern within the special cogni- sance of the member to whom it is addressed : Provided that, no question shall be asked, in regard to any of the following subjects, namely : (i) any matter affecting the relations of His Majesty's Govern- ment, or of the Government of India, or of the Governor or the Governor in Council, with any foreign State ; (ii) any matter affecting the relations of the foregoing authori- ties with any Prince or Chief under the suzerainty of His Majesty, or relating to the affairs of any such Prince or Chief or to the administration of the territory of any such Prince or Chief, and (Hi) any matter which is under adjudication by a Court of Law having jurisdiction in any part of his Majesty's Dominions, question QOVT. OF INDIA ACT 1919 79 (2) The decision of the Governor on the point whether any question is or is not \\ithin the restrictions imposed by sub-rule (1) shall be final. Matters of Controversy. 9. In matters which are or have been the subject of controversy between the Governor-General in Council or the Secretary of State and the local Government no question shall be asked except as to matters of fact, and the answer shall be confined to a statement of facts. Supplementary Questicn. 10. Any member may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given. Provided that the President shall disallow any supplementary question if, in his opinion, it infringes the rule as to the subject matter of questions, and in that case the question shall not appear on the record of the Proceedings of the Council. Motion for Adjournments. 11. A motion for an adjournment of the business of the Coun- cil for the purpose of discussing a definite matter of urgent public importance may bo made with the consent of the Governor, which shall not be refused except for reasons which would justify the disallowance of a resolution. 12. The right to move the adjournment of the council for the purpose of discussing a definite matter of urgent public importance shall be subject to the following restrictions, namely : (i) not more than one such motion shall be made at the same sitting ; (ii) not more than one matter can be discussed on the same motion, arid the motion must be restricted to specific matter of recent occurrence ; (Hi) th^ motion must not revive discussion on a matter which has been discussed in the same Session ; (if) the motion must not anticipate a matter which has been previously appointed for consideration, or with reference to which a notice of motion has been previously given : and (v) the motion must not deal with a matter on which a resolu- tion could not be moved. Quorum. 13. The presence of at leastmembers shall be necessary tc constitute a meeting of the Council for the exercise of its power?. SO INDIAN LEGISLATIVE RULES Language of the Council. 14. The business of the Council shall be transacted in English, but any member who is not fluent in English may address the (Council in any recognised vernacular of the province, provided that the President may. call on any member to speak in any language in which he is known to be proficient. Points of Order. 15. (l) The President shall decide all points of order which may arise, and his decision shall be final. (2) Any member may at any time submit a point of order for the decision of the President, but in doing so shall confine himself to stating the point. 16. The President, after having called the attention of the Council to the conduct of a member who persists in irrelevance or in tedious repetition either of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his Presidents Powers. speech. 17. (1) The President shall preserve order and have all powers necessary for the purpose of enforcing his decisions on all points of order. (2) He may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from tho Council, and the member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's meeting. If any member is ordered to withdraw a second time in the same Session, the President may direct the member to absent himself from the meetings of the Council for any period not longer than the remainder of tho Session, and the member so directed shall absent himself accordingly. On Bills. (3) The President may in the case of grave disorder arising in the Council suspend any sitting for a time to be named by him. 18. The Governor may order the publication of any Bill (together with the Statement of Object and Reasons accompanying it) in the Gazette, although no motion has been made for leave to introduce the Bill. In that case it shall not be necessary to move for leave to introduce the Bill, and if the Bill is afterwards introduced, it shall not be necessary to publish it again. 19. (1) Any member, other than a member of the Govern- ment, desiring to move for leave to introduce a Bill shall give notice GOVT, OF INDIA ACT 1919 81 of his intention, and shall, together with the notice, submit a copy of the Bill and a full Statement of Objects and Eeasons. (2) If the Bill is a Bill which under the Government of India Act requires sanction, the member shall annex to the notice a copy of such sanction, and the notice shall not be valid until this require- ment is complied with. (3) If any question arises whether a Bill is or is not a Bill which requires sanction under the Government of India Act, the question shall bo roforcd to the authority which would have power to grant the sanction if it were necessary, and the decision of that authority on the question shall be final. (4) The period of notice of a motion for leave to introduce a Bill under this rule shall be as follows, namely : (a) if the Bill relates to a transferred subject fifteen days ; (b) if the Bill relates to a reserved subject one month or, if the Governor so directs, a further period not exceeding in all two months. 20. As soon-as may be after a Bill has been introduced, the Bill unless it has already been published, shall be published in the Gazette. Certification of Bills. 21. If the Governor certifies that a Bill, or any clause of a Bill, or any amendment to a Bill, affects the safety or tranquility of a Province or any part thereof, and directs that no proceedings or no further proceedings shall be taken thereon, all notices of motion in connection with the subject-matter of the certificate shall lapse, and if any such motion has not already been set down in the list of of business, it shall not bo so set down. If any such motion has been set down on the list of business, the President shall, when the motion is reached, inform the Council of the Governor's action, and the Council shall forthwith without debate proceed to the next item of business. Disallowance of Resolutions. 22. The Governor may, within the period of notice, disallow any resolution or any part of a resolution, on the ground that it cannot be moved without detriment to the public interest, or on the ground that it relates to a matter which is not primarily the concern of the local Government, and if he does so, the resolution or part of the resolution shall not be placed on the list of business. On Resolutions. 23. (I) Every resolution shall be in the form of a specific recommendation addressed to the Government, and no resolution . (2) Each demand shall contain, first, a statement of the total grant proposed, and then a statement of the detailed estimate under each grant divided into items. (3) Subject to these rules, the Budget shall be presented in such a form as the Finance Member may consider best fitted for its consideration by the Council. The Budget Debate. 27. The Budget shall be dealt with by the Council in two stages, namely : 82 INDIAN LEGISLATIVE MULES shall be moved in regard to any of the following subjects, namely : (1) any matter affecting the relations of His Majesty's Govern- ment, or of the Government of India, or of the Governor or the Governor in Council, with any foreign State : (ii) any matter affecting the relations of any of the foregoing authorities, with any Prince or Chief under the suzerainty of His Majesty, or relating to the affairs of any such Prince or Chief, or to to the administration of the territory of any such Prince or Chief : and (Hi) any matter which is under adjudication by a Court of Law having jurisdiction in any part of His Majesty's Dominions. (2) The decision of the Governor on the point whether any resolution is or is not within the restrictions imposed by sub-rule (1) shall be final. Effect of Resolutions. 24. A copy of every resolution which has been passed by the Council shall be forwarded to the Government, but any such resolu- tion shall have effect only as a recommendation to the Government. The Budget. 25. A statement of the estimated annual expenditure and revenue of the Province (hereinafter lefered to as 'the shall be presented to the Council on such day as the Governor may appoint. 26. (1) A separate demand shall ordinarily be made in respect of the grant proposed for each Department of the Government, provided that the Finance Member may in his discretion, include in one demand grants proposed for two or more Departments, or make a ctemand in respect of expenditure, such as Famine Relief and Insurance and Interest, which cannot readily be classified under particular Departments. Demands affecting reserved and trans- ferred subjects shall, so far as may be possible, be kept distinct. Budget") OOVT. OF INDIA ACT 1919 83 (i) a general discussion ; and (ii) thevotingondemandsforgrants, 28. (1) On a day to be appointed by the Governor subsequent to the day on which the Budget is presented and for such time as the Governor may allot for this purpose, the Council shall be at liberty to discuss the Budget as a whole or any question of principle involved therein, but no motion shall be moved at this stage nor shall the Budget be submitted to the voto of the Council. (2) The Finance Member shall have a general right of reply at the end of the discussion. (3) The President may, if he thinks fit, prescribe a time-limit for speeches. 29. (I) Not more than twelve days shall be allotted by the Governor for the discussion of the demands of the Local Government for grants. (2) Of the days so allotted, not more than two days shall be allotted by the Governor to the discussion of any one demand. As soon as the maximum limit of time for discussion is reached, the President shall forthwith put every question necessary to dispose of the demand under discussion, (3) On the last day of the allotted days at o'clock, the President shall forthwith put every question necessary to dispose of all the outstanding matters in connection with the demands for grants. 30. (I) No motion for appropriation can be made- except on thfc recommendation of the Governor communicated to the Council. (2) Motions may be moved at this stage to omit or roduce any grant or any item in a grant, but riot to increase or alter the destination of a grant. (3) "When several motions relating to the same demand are shall be discussed in the order in which the heads to which they relate appear in the Budget. (4) No motion shall bo made for the reduction of a grant as a whole until all motions for the omission or reduction of definite items within that grant have been discussed. Excess Grant. 31. When money has been spent on any service for which the vote of Council is necessary during any financial year in excess of the amount granted for that service and for that year, a demand for the excess shall be presented to the Council by the Finance Member and shall be dealt with in the same way by the Council as if it were a demand for a grant. offered, they 84 INDIAN LEGISLATIVE RULES Additional Grant. 32. (l) An estimate shall be presented to the Councillor a supplementary or additional grant when, (1) the amount voted in the Budget of a grant is found to be insufficient for the purposes of the current year, or (ii) a need arises during the current year for expenditure for which the \ote of the Council is necessary upon some now service not contemplated in the Budget for that year. (2) Supplementary or additional estimates shall be dealt with in the same way by the Council as if they were demands for grants, Committee on Public Accounts. 33. (l) As soon as may bo after the commencement of each financial year, a Committee on Public Accounts shall be constituted for the purpose of dealing with tho audit and appropriation account of the Province and such other matters as the Finance may refer to the Committee. (2) more than . . . Tho Committee on Public Accounts shall consist of not members including tho chairman, of whom not less than two thirds shall be elected by the non-Otiicial members of the Council according to the principle of proportionate representation by means of tho single transferable veto. Tho remaining members shall be nominated by the Governor. (3) The Finance Member shall be the Chairman of the Committee, and, in the ease of an equality of votes on any matter, shall haveasecondorcastingvote. Duty of the Committee. 34. (1) In scrutinising the audit and appropriation accounts of the province, it shall be the duty of tho Committee to satisfy itself that the money voted by tho Coucil has been spent within the scope of the demand granted by the Council. (2) It shall be tho duty of tho committee to bring to the notice of the Council (i) every re-appropriation from one grant to another grant ; (ie) every re-appropriation within a grant which is not made in accordance with tho rules regulating tho functions of tho Finance Department, or which has the effect of increasing expenditure on an item the provision from which the has been specifically reduced by a vote of the Council ; and (Hi) all expenditure which the Finance Department has equested should be brought to the notice of the Council. Department Rules tor The The following rules relating to MM Lflgi^latire Amcwbly and 1hr Council of State, have been made under sediwis 63 A (7) and (2) and 64 (1) (a), (b), (c), (d), (e) and (f) of the Government of India Act and. whinitted for the. sanction of 1he Scrret^ry of Hair in Council, May Composition o! Legislative Assembly. 1. The Legislative Assembly shall consist of (1) one hundred arid two elected members, and (2) forty-one members nominated by the Governor General, of whom not more than twenty-six may be officials, and one shall be a person nominated as the result of an election held in Berar. Elected Members Constituencies. 2. The elected members shall be elected by the constituencies specified in Schedule I to these rules subject to the provisions of that Schedule in regard to constituencies entitled to elect in rotation, and the number of member to be elected by each constituency shall be as stated therein against that constituency. General disqualifications for being elected. 3. (l) A person shall not be eligible for election as a Member of the Legislative Assembly if such person (a) is not a British subject ; or (b) is a female ; or (c) is already a member of any legislative body constituted under the Act ; or (d) having been a legal practitioner has been dismissed or is under suspension from practising as such by order of any competent court ; or (e) has been adjudged by a competent court to be of unsound mind ; or (/) is under 25 years of age ; or (g) is an undischarged insolvent ; or (h) being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on bis jtert r 11 Legislative Assembly ft<5 QOVT. OF INDIA ACT 1919 Provided that, if the Ruler of a State in India or any subject of such a State is not ineligible for election to the Legislative of a province, such Ruler or Subject shall not by reason of ng a British* subject be ineligible for election to the Legisla- Assembly by any constituency in that province : Provided further that the disqualification mentioned in clause be wnrooved an order of the Gowno* General in Council may by ( having been ~^^member of this Assembly do solemnly swear (or affirm) that I will be faithful and bear true Allegi- ance to His Majesty the King, Emperor otf India,' His hbirs ami suc- cessors, and that I will faithfully discharge the duty upon which I am about to enter. mem- LEGISLATIVE ASSEMBLY liULEti 95 Effect of subsequent disabilities or failure to take oath* 19. If any person having been elected or nominated subse- quently becomes subject to any of the disabilities stated in clauges (a), (d), (e), (g\ and (A) of subrule (0 or in sub-rules (2), (3) and (4) of rule morof rule xvi, as the case may be, or fails to make oath or affirmation prescribed by rule xvin whithin such time as the Governor General considers reasonable, the Governor-General shall, by notification in the Gazette of India, declare his scat to be vacant. Vacancies. 20. (l) When a vacancy occurs in the case of an elected mem- ber by reason of his election being declared void or his seat being declared vacant, or by reason of absence from India, inability to attend to duty, death, acceptance of office or resignation duly accepted, the Governor-General shall, by notification in the Gazette of India., call upon the constituency concerned to elect a person for the pur- pose of filling the vacancy within such time as may be prescribed by such notification. (2) If a vacancy occurs in the case of a nominated member, the Governor-General shall nominate to the vacancy a person having the necessary qualification under these rules. Firjt constitution of the Legislative Assembly. 21. (1) As soon as conveniently may be after these rules come into force, a Legislative Assembly shall be constituted in accordance with their provisions. For this purpose the Governor-General shall, by notification in the Gazette of India, call upon the constituencies referred to in rule II to elect members in accordance with these rules within such time as may be prescribed by such notification, and shall make such nomi- nations as may be jecessary to complete the Legislative Assembly before the date fixed for its first meeting. (3) If tiny difficulty arises as to the preparation or publication of the first electoral roll or the holdirg of the first elections after the commencement of these rules, the Governor-General in Council may by order do any matter or thing which appears to him necessary for the proper preparation or publication of the roll or for the proper holding of the elections. General Elections. 22. (1) On the expiration of the duration of a Legislative Assembly or on its dissolution, a general election shall be held in order that a new Legislative Assembly may be constituted, 06 GOV'1\ OF INDIA ACT (2) On such expiration or dissbfation, the Governor-General shall, by notification in the Gazette of India, call upon the consti- tuencies referred to in rule n to elect members in accordance with these rules within such time after the date of expiration or dissolu- tion as may be prescribed by such notification : Provided that, if the Governor*General thinks fit, such notifi- cation may be issued at any time not being more than three months prior to the date on which the duration of the Legislative Assembly would expire in the ordinary course of events. (3) Before the date fixed for the first meeting of the Legisla- tive Assembly, the Governor-General shall make such nominations as may be necessary to complete the Legislative Assembly. 23. As soon as may be after the expiration of the time fixed fur the election of members at any general election, the names of the members elected shall be notified in the Gazette of India. for the various constituencies at such election Rules for The Council of State Compositionof CouncilofState. 1.. The Council of State shall consist of (1) thirty-three elected members, and (2) twenty*soven members nominated by the Governor General, of whom not more than twenty may be Officials, and one shall be a person nominated as the result of an election held in Berar. Elected Members Constituencies. 2. The elected members shall bo elected by tho constituencies specified in Schedule I to these rules, subject to tho provisions of that Schedule in regard to constituencies entitled to elect in rotation, and the number of members to be elected by each constituency shall be as stated therein against that constituency. General disqualification foi being elected. 3. (I) A person shall not be eligible for election as a Member of the Council of State if such person (a) is not a British subject; or (b) is a female ; or (c) is already & member of any legislative body constituted tinder theAct; or LEQWLAT1VE AtiSEUULY MVtffX 97 (d) having been a legel practitioner has been dismissed or is under suspension from practising as such by order of any competent court; or (e) has been adjudged by a competent court to be of unsound mind; or GOisunder25yearsofage; or (g) is an undischarged insolvent ; or (h) being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune with- out any misconduct on his part : Provided that, if the Rular of a State in India or any subject of such a State is not ineligible for election to the Legislative Council of a province, such Ruler or subject shall not by reason of not being A British subject be ineligible for election to the Council of State by any constituency in that province : Provided further that the disqualification mentioned in clause (d) may be removed by an order of the Governor General in Council in this behalf. (2) A person against whom a conviction by a criminal court involving a sentence of transportation or imprisonment for a period of more than six months is subsisting shall, unless the offence of which he was convicted has been pardoned, not be eligible for elec- tion for five years from the date of the expiration of the sentence. (3) A person who has been convicted of an offence under Chapter IX-A. of the Indian Penal Code punishable with imprison- ment for a term exceeding six months or has been reported by Com- missioners holding an election inquiry as guilty of a corrupt practice as specified in Part I, or in paragraph 1,2 or 3 of Part II, of Sche- dule IV to these rules, shall not be eligible for election for five years from the date of such conviction or of the finding of the Commission- ers,asthecasemaybe; andapersonreportedbysuchCommission- " ers to be guilty of any other corrupt practice shall be similarly disqualified for three years form such date. (4) A person who having been a candidate or an election agent at an election has failed to lodge the return of election expenses herein after prescribed or has lodged a return which is found either by Commissioners holding an election inquiry or by a Magistrate in a judicial proceeding to be false in any material particular shall be disqualified for five years from the date of the election for being nominated as a candidate at any other election : Provided that either of the disqualifications mentioned in sub- rules (3) and (4) of this rule may be removed by an order of th$ Governor General in Council in that behalf, 98 - UVyi\ V*' INDIA AVT Special Qualifications (or election in case of Constituencies. (I) A person shall not be eligible for election as a Member of the Council of State to represent (a) a general constituency in the presidency of Bengal, unless his name is registered on the electoral roll of the constituency or of another constituency of the same communal description situate in the presidency : or (b) a general constituency in the United Provinces of Agra and Oudh or in the province of Bihar and Orissa or in the province of Assam, unless his name is registered on the electoral roll of the constituency or of another general constituency in the same pro- vince; or (c) a general constituency in the presidency, of Madras or in the presidency of Bombay or in the Punjab or in the Central Provinces or in the province of Burma or any special constituency, unless his Dame is registered on the electoral roll of the constituency. (2) For the purposes of these rules 4. (a) "general constituency" means any constituency which is notaspecialconstituency; and (b) tuency. " special constituency " moansa Commerceconsti- European Therighttoelect Generalconditionsofregistrationanddisqualifications. 5. (1) Every persons shall be entitled to have his name regis- tered on the electoral roll of a constituency who has the qualifica- tions prescribed for an elector of that constituency and who is not subject to any of the disqualifications hereinafter set out, namely : (a) is not a British subject ; or (b) is a female ; or (c) has been adjudged by a competent court to be of unsound mind ; or (d) is under 21 years of age : Provided that, if the Ruler of a State in India or any subject of such a State is not disqualified for registration on the electoral roll of a constituency of the Legislative Council of a province, such Kuler or subject shall not by reason of not being a British subject be disqualified for registration on the electoral roll of any consti- tuency of the Council of State in that'province : Provided further that, if a resolution is passed by the Council of State recommending that the sex disqualification for registration should be removed either in respect of women generally or any class of women, the Governor-General in Council shall make regulations providing that women, or a class of women, as the case may be, shall not be disqualified for registration by reason only of their sex ; A11V& ASSEMBLY RULES 99 Provided further that no person shall be entitled to have hie name registered on the electoral roll of more than one general con- stituency. (2) If any person is convicted of an offence under Chapter IX- A of the Indian Penal Code punishable with imprisonment for a term exceeding six months or is reported by Commissioners holding an election inquiry as guilty of a corrupt practice as specified in Part I, or in paragraph I, 2 or 3 of Part II, of Schedule IV to these rules, his name, if on the electoral roll, shall be removed therefrom and shall not be registered thereon for a period of five years from the tJato of the conviction or the report, as the case may be, or, if not on the electoral roll, shall not be so registered for a like period ; and if any person is reported by such Commissioners as guilty of any other corrupt practice as specified in the said Schedule, his name, if on the electoral roll, shall be removed thereform and shall not be regis- tered thereon for a period of three years from the date of the report or, if not on the electoral roll, shall not be registered for a like period : ProvidedthattheGovernorGeneralin Councilmaydirectthat the name of any person to whom this sub-rule applies shall bo regis- tered on the electoral roll. Qualifications of electors. 6. (l) The qualifications of an elector for a general consti- tuency shall be such qualifications based on (1) residence, or residence and community, arid (ii) (a) the holding of land, or (h) assessment to or payment of income-tax, or (c) past or present membership of a Legislative body, 01 (?) past or present university distinction, or (/) the tenure of office in a co-operative banking society, or (g) the holding of a title conferred for literary merit, as are specified in Schedule II to these rules in the case of that constituency. (2) The qualifications of an elector for a special constituency shall be the qualifications specified in Schedule 11 to these rules in the case of that constituency. Electoral roll. 7. (1) An electoral roll shall be prepared for every consti- tuency, on which shall be entered the names of all persons appearing to be entitled to be registered as electors for that constituency. It shall be published in the constituency together with a notice speci- fying the mode in which and the time within -which any person* ioo 0orr. of imiA ACT whofte name is not entered in the roll and who* claims to have it inserted therein, or any person whose name is on the roll and who objects to the inclusion of his- own name or of the name of any other person on the roll may proper a claim or objection to the Revising Authority, (2) The regulations for the time being in force in any.provinjcs for the purpose of elections to the Legislative Council of that pro* vince in regard to the following matters, namely, (1) the authority by whom the electoral roll shall be prepared and the particulars to be contained in the roll, (2) the time at which the roll shall be prepared, (3) the publication of the roll in the constituency to whom it relates, j (4) the mode in which and the time within which claims and objections may be preferred, (5) the constitution and appointment of Revising Authorities to dispose of claims and objections, (6) the manner in which notices of claims or objections shVll be ' * published, (7) the place, date, and time at which and the manner in which claims or objections shall be heard, shall apply for the purpose of the holding of elections within that province to the Council of State : Provided that the Governor General in Council may, by notifica- tion in the Gazette of India, direct that such modifications and adaptations as he may specify shall be made in the application of those regulations. (3) The orders made by the Revising Authority shall be final and the electoral roll shall be amended in accordance therewith and shall, as so amended, be republished in the case of each province in such manner as may be prescribed by the regulations aforesaid for the republication of electoral rolls of constituencies of the LegiVative Council (4.) The electoral roll shall come into force from the date of such rapublication, and shall continue in force for a period of three years or for such less period as the Governor General in Council may by regulation prescribe, and after the expiration of such period a fresh roll shall be prepared in accordance with these rules. (5) If a constituency is called upon to elect a member or numbers after an electoral roll has ceased to have force and before the completion of the new electoral roll, the old electoral roll *fc*B tor the purpoie*c*f that election continue to operate *a the electoral roll for tho constituency. RULES FO& THE COUNCIL OF STATE Right to vote. 101 8* Every person registered on the electoral roll for the time being in force for any constituency shall, while so registered, be> entitled to vote at an election of a member or members for that constituency : provided that no person shall vote in more than one general constituency. Nomination of candidates. 9. (l) Any person may be nominated as a candidate for election in any constituency for which he is eligible for election under these rules. (2) On or before the date on which a candidate is nominated, the candidate shall make in writing and sign a declaration appoint- ing either himself or some other person who is not disqualified under these rules for the appointment to )> his election agent, and no candidate shall be deemed to bo duly nominated unless such declara- tion has been made. (3) A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be renominated as a candidate for the same election. Election. 10. (l) If the number of candidates who are duly nominated and who have not withdrawn their candidature before such time as the Governor-General in Council may fix in this behalf exceeds that of the vacancies, a poll shall be taken. (2) if the number of such candidates is equal to the number of vacancies, all such candidates shall be declared to be duly elected. (3) If the number of such candidates is less than the number of vacancies, all such candidates shall be declared to be elected, and the Governor-General shall, by a notification in the Gazette of India, call for fresh nominations for the remaining vacancies, and if any 3uch are received shall call upon the constituencies concerned to elect members to fill these vacancies. (4) Votes shall be given by ballot and in general constituencies in person. No votes shall be received by proxy. (5) in plural-member constituencies every elector shall have as votes as there are members to be elected : provided that no elector shall give more than one vote to any one candidate except in the case of the Bombay (Non-Muhammadan) constituency, in which constituency an elector may accumulate all his votes on any one candidate or may distribute them among the candidates as he pleases. (9) Votes shall be counted by the Returning Officer, and any candidate, or, in the absence of the candidate, a representative tduly 13 many 102 QOVT. OF INDIA ACT authorised by him in writing, shall have a right to be present at the time of counting. (7) When the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes has been given, to be elected. (8) Whore an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, the determination of the person to whom such one additional vote shall be deemed to have been gi\ei. shall be made by lot to be drawn in the presence of the Returning OfhVi-i ,md in snoh manner as he may determine. (9) The Returning Oflirer shall without delay report, the result of the election to the Secretary to the Government of India in the Legislative Department, ami the name or names of the candidate or candidates elected shall bo published in the Gazette of India. Regulations regarding the conduct of election. 1 1. The regulations for the time being in force in any province tor the purpose of elections to the Legislative Council of that province in regard to the following matters, namely, (1) the form and manner in and the condition on which nominations may be made, and for the scrutiny of nomi- nations. (2) the appointment of a Returning Officer for each constitu- ency and for his powers ami duties, (3) the division of general constituencies into polling areas and the appointment of polling stations for these areas, (4) the appointment of officers to preside at polling stations, and the duties of aich officers, (5) the checking of voters by reference to the electoral roll, (6) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability, (?) the procedure to be followed in respect of tender of votes or persons themselves to be elecors after other persons have voted as such electors, (8) the scrutiny of >otes, (9) the safe custody of ballot papers and other election papers, the period for which such papers shall be preserved, and the inspection and production of such papers, and (10) the conduct of elections generally, shall apply for the purpose of the holding of elections within the tp the Council of State ; by persons representing RttLBS POti THE COUNCIL OF STAtM 103 Provided that, the Governor-General in council notification in the Gazette of India, direct that such modifications and adaptations as he may specify shall be made in the application of those regulations. Multiple elections. 12. (1) If any person is elected by more than one constitu- ency, he shall, by notice in writing signed by him arid delivered to the Secretary to the Government of India in the Legislative Department within seven tdays from the date of the publication of 4 the result of such election in the Gazette of India, choose for which of these constituencies he shall serve, and the choice shall be conclusive. (2) When any such choice has been made, the Governor General shall call upon any constituency or constituencies for which such person has not chosen to serve to elect another person or persons. (3) If the candidate does not make the choice referred to in sub-rule (1) of this rule, the elections of such person shall be void, and the Governor-General shall call upon the constituency or consti- tuencies concerned to elect another person or persons. Disqualification for being an election agent. 13. No person shall be appointed an election agent who is himself ineligible for election as being subject to the disqualifica- tion mentioned in sub-rule (3) of rule III. Return of election expenses, 14. (1) Within one month or such longer period as the Governor General may allow after the date of the declaration of the result of the election, every candidate, either personally or through his election agent, shall cause to be lodged with the Return- ing pfficer a return of his election expense? containing the parti- culars specified in Schedule 111 to those rules. (2) Every such return shall contain a statement -of all payments made by the candidate or by his election agent or by any persons on behalf of the candidate or in his interests for expenses incurred on account of or in respect of the conduct and management of the election, and further a statement of all unpaid claims in respect of such expenses of which he or bis election agent is aware. (3) The return shall be accompanied by declarations by the candidate and his election agent which shall be in the form contain- ed in the said Schedule and shall be made on oath or affirmation before a Magistrate. (4) The Governor General in Council shall cause to be prepared, in such manner and maintained for such time as be may direct, may, by iu* GOVT. OF INDIA ACT 1919 a record showing the names of all candidates at every election under these rules and the date on which the return of election expenses of each candidate has been lodged with the Returning Officer. Accounts of Agents. 15. Every election agent shall keep regular books of account in which the particulars of all expenditure of the nature referred to in rule XIV shall be entered, whether such expenditure is incurred by the candidate or by the election agent or by any person under the direction of the candidate or the election agent. General disqualifications for nomination. 16. (1) Save as expressly provided in these rules in .regard to the nomination of a person elected in Berar, no person shall be nominated to the Council of State who (a) is not a British subject ; or (b) is a female ; or (c) is already a member of any legislative body constituted undertheAct; or (d) having been a legal practitioner has been dismissed or is under suspension from practising as such by order of any competent court ; or (e) has been adjudged by a competent court to be of un- soundmind; or (/) is under 25 years of age ; or (g) is an undischarged insolvent ; or (A) being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by mis- fortune without any misconduct on his part : Provided that, if the ruler of a State in India or any subject of such a State is not disqualified for nomination to the Legislative Council of a province, such ruler or subject shall not by reason of not being a British subject bo disqualified for nomination to the Council of State to represent that province r Provided further, that the disqualification mentioned in clause (d) may bo removed by an order of the Governor-General in Council in this behalf* (2) A person against whom a conviction by a criminar court involving a sentence of transportation or imprisonment for a period of more than six months is subsisting shall, unless the offence f which he was convicted has been pardoned, not be eligible 8ty the King, Emperor of India, His heirs and suoredHow, ai.d that I will faithfully discharge (he duty upon which I am about to enter. Effect of subsequent disabilites or failuie to t*ke oath. 19. If any perton having been elected or nominated subse- quently becomes subject to any of the disabilities stated in clause ("), (rf) (), (0), *.d (h) of sub-rule (l) or in sub-rules (2), (3) and (2) [4] of rule ill or of rule XVI, as the case may be, or fail* to make 106 GOVI. OF INDIA ACT 1919 the oath or affirmation pretcribed by rule XVIII within such time as the Governor-General considers reasonable, the Governor General shall, by notification in the Gazette of India, declare his seat to be vacant. Vacancies. 20. [l] When a vacancy occurs in the case of an elected memberbyreason of his election being declared void or his seat being declared vacant, or by reason of absence from India, inability to attend to duty, death, acceptance of office or resignation duly accepted, the Governor General shall, by notification in the Gazette of India, call upon the constituency concerned to elect a person for the purpose of filling the vacancy within such time as may be prescribed by such notification. [2] If a vacancy occurs in the case of a nominated member, the Governor General shall nominate to the vacancy a person having the necessary qualification under these rules* First Constitution of Council of State. 21. [l] As soon as conveniently may be after these rules come into force, a Council of State shall be constituted in accordance with their provisions. [l] For this purpose the Governor General shall, by notification in the Gazette of India, call upon the constituencies referred to in rule II to elect members in accordance with these rules within such time as may be prescribed by such notification, and shall make such nominations as may be necessary to complete the Council of State before the date fixed for its first meeting. (3) If any difficulty arises as to the preparation or publication of the first electoral roll or the holding of the first elections after the commencement of these rules, the Governor General in Council may by order do any matter or thing which appears to him necessary for the proper preparation or publication of the roll or for the proper holding of the elections. ReconstitutionofCouncilofState GeneralElections, 22. (l) On the expiration of the duration of a Council of State or on its dissolution, a general election shall be held in order that a new Council of State may be constituted. (2) On such expiration or dissolution, the Governor General shall, by notification in the Gazette of India, call upon the consti- tuencies referred to in rule II to elect members in accordance with those rules within such time after the date of expiration or dissolu- tion as may be prescribed by such notification. Provided that, if the Governor General thinks fit, such notifica- tion may be issued at any time not being more than three months RULES FOR THE COUNCIL OF STATE 107 prior to the date on which the duration of the Council of State would exercise in the ordinary course of events. (3) Before the date fixed for the first meeting of the Council of State, the Governor General shall make such nominations as may be necessary to complete the Council of State. Publication of result o! General election. 23. As soon as may be after the expiration of the time fixed for the election of members at any general election, the names of the members elected for the various constituencies at such election shall be notified in the Gazette of India. List of Constituencies The Madras, City, Non->'uharnmadan, Urban Dihtrictw, Non Muhammadan Kural (ianjnin cum VixagapnUmt Distnrt trodavH'i cum Kistua Guntur oum N lloro ... for Assembly Imperial Legislative Madras-1 16 Chittoor cum Cded Dists Salem, Coimbatoiv cum North Arcot Chiugleput cum South Arcot Tanjoro cum Tri chi nopoly Madura, Ivamnad cum Tmucully I'M Han' Cuddapah, Kurnonl > Nilgins and Wt-bt Coast [Malabar, Anjtrgo, S. Canara] Muhammadan Cuiibtituencies North Madras [Ganjam, Vizgapatam, Go*lavan, Kifetna, Guntur Nellvre, Auantpur, Bcllavy, Cuddapah, Kuinotl an$ . .j , Central Provinces Landholders Non-Muhammadan Assam Valley ... Assam -4 ... Surma Valley cum Shillong Muhammadan Assam Muhammadan Assam European ... Burma Non-European ... ... ... ... ... ... ... ... Burma 4 f Sind Huhammadan Rural Bombay ... 2 J I }>... J I No. of Members. 1 1 2* 1, __ 1^ f ]___ * Devolution Rules Action. r> A (ttnJ ^tthm 1 29 A J{< In exercise of the conferred poicfr* ly uj the Government of India Act, the Gowrnw-Genrrul in Council, vi'th the sanction of the Secretary of State in Cowuil, i< pleaml to make the j'olloa iny nil?* : Short title and Definitions. 1. These rules may be called the Devolution Rules. 2. In these rules, unless there is anything repugnant in tho " all-India Revenues " means such of the revenues portion subject or context (a) of India as is not allocated to local Governments under these rules ; (b) "Schedule" means a Schedule to thse rules ; (r) "the Act" means the Government of India Act. Part I. Classification of Subjects. 3. (1) For the purpose of distinguishing the functions of local Governments and local legislatures from the functions of the GovernorGeneral in Council and the Indian shall be classified in relation to the functions of Government as central and provincial subjects in accordance with the lists st out in Schedule I. (2) Any matter which is included in the list of provincial subjects set out in Part II of Schedule I shall, to the extent of such inclusion, be excluded from any central subject of which, but for such inclusion, it would form part. Settlement of doubts. 4. Where any doubt arises as to whether a particular matter does or does not relate to a provincial subject the Governor-General in Council shall decide whether the matter does or does not .<=o relate, and his decision shall be final. Duty of local Government to supply information. 5. The local Government of a province shall furnish to tho Governor General in Council from time to time such returns and information on mattets relating to the administration of subjects as the Governor General in Council may require and in such form as he may direct. Transfer of subjects and revocation or suspension of transfer. 6. The provincial subjects specified in the first column of Schedule II shall, in the provinces shown against V5ncfal subject in any province, and upon such revocation or during such suspension thfc subject shall not be a transferred subject. 7. If any doubt arises as to whether any matter i elates to a foservod or to a transferred subject, the Governor shall decide the question, and his decision shall be final. 8. Where an Act of the Legislative Council of a Governor's province confers on local authorities powers of the management of matters relating to reserved subjects, those matters shall, t& the extent of the powers conferred by such legislation, be deemed in that province to form part of the transferred subject of local self- government. 9. (I) When a matter appears to the Governor to affect sub- stantially the administration both of a reserved and of a transferred and there is disagreement between the Executive Council and the ministei concerned as to the action to be taken, it shttll bo the duty of the Governor, after due consideration of the advice tendered to him, to direct in which department the decision a* to such action shall be given : provided that, in so far as circumstances admit, important matters on which there is such a difference of opinion shall, lie fora the giving of such direction, be considered by the Governor with his Executive Council and his miftisters together. (2) In giving such a direction as is referred to in sub-rule (l)r the Governor may, if he thinks fit, indicate the nature of the action which should in his judgment be takea, but the decision shall thereafter be arrived at by the Governor in Conncil or by the Governor and minister according as the department to which it has been committed is a department dealing with reserved or a depart- mont dealing with transferred subjects. 10. The authority vested in the local Government over officers of the public services employed in a province shall be exercised in the case of officers serving 'in a department dealing with reserved subjects bjr fhe Governor irt Council and rft the c&se'of officers serving if a cldjtarhfeeftt dealing with transferred Objects by thfc Qovtrftftr subject, acting with the minister frr clmrge of tfcfc department : that pnrtftfed (a) no order affecting emoluments or peitalrdrts, no drdbr' of formal cewmfre, and' tffc dftter E VOL UTWN U CLES I i 5 (b) no order for the posting of an officer of an all-India service shall be made without the personal concurrence of the Governor. 11. An officer shall be deemed to be serving in that depart- ment ,which controls the budget-head to which his pay is debited. If he performs duties both in a department dealing with reserved and in a department dealing with transferred subjects, the Governor shall decide to which budget-head his pay shall bo debited. Devolution. 12. Subjecttotheprovisionsofthoserules,provincialsubjects shall be administered by the local Government. But, save in the case of transferred subjects, nothing in these rules shall derogate from tho and control conferred on tho Governor General in Council by the Act. Part II. Financial arrangement*. Allocation of revenue. 13. The following sources of revenue shall be allocated to local Governments as sources of provincial rovenue, namely : (a) balances standing at the credit of tho province at the time when the Act comes into force ; (I) receipts accruing in respect of provincial subjects ; (c) General stamps ; (d) recoveries of loans and advances given by -the local Govern* ment and of interest paid on such loans ; (e) Payments made to the local Government by the Governor General in Council or by other local Governments, either for services rendered or otherwise ; (/) the proceeds of any taxes which may be lawfully imposed for provincial purposes ; (d) the proceeds of any loans which may be lawfully raised for provincialpurposes; and (4) any othor sources which fcho Governor General in Council maybyorderdeclaretobosources-ofprovincial revenue. Payment of Government revenues into the public account. 14. All moneys derived from sources of provincial revenue shall be paid into the public account, of whiph the Governor General ip Council is custodian, and credited to the Government of the province ; and no moneys so credited shall be withdrawn from the public account save in accordance with the provisions of a law passed by the Indian Legislature, Provincial Contributions. 15. In the fuiancial y ar 1921-22 contributions sbaJl be paid to,\fche GoverJK>r General in Council by the looel Governments men- tioned below according to the following scale ; powerlOf superintendence, direction 116 GOVT. OF INDIA ALT 1H19 Name of Province. Bombay Bengal United ProvinceH I'unjab (kmna Central Provinces and Ik-rur Assam Contribution (In lakhb tf rupees.) 348 56 -03 2411 175 64 22 15 16. From the Financial year 1922-23 onward^ a total contri- bution of 983 lakhs, or such smaller um as may be determined by the Governor General in Council, shall be paid to the Governor General in Council by the local Governments mentioned below. The percentage of this total amount to be paid in each year by each local Government shall be according to the following scale : Name of Province. ,M Bombay Bengal United Province Punjab Burma Bihar and Oriswi Central I'lovinces Afinam li>22- 23. 32-5 1023- 24. 29-r> 1924- 25. 26-5 1025- 26. 23 1J>26- 1927-28 ami 27. thereafter. 20 17 12 13 17 li> IU 18 10-5 9 6-5 6-5 8-5 10 4-5 5 2 2-5 17. In cases of emergency the local Government of ^ny pro- vince may be required by the Governor General in Council, with the sanction of, and subject to conditions approved by, the Secretary of State, to pay to the Governor General in Council a for any financial year in excess of the amount required by the prece- ding rules in the case of that year. 18. Thecontributionsfixedundertheprecedingrulesshallbe a first charge on the allocated revenues and moneys of the local Governments concerned, and shall be paid in such instalments, in such manner, arid on such dates, as the Governor General in Council *nay prescribe. 19. At any time when he considers this course to be essential ia order to preserve the financial stability of India, the Governor General in Council shall have power to require a local Government so to regulate its programme of expenditure as not to reduce the balance at its credit in the public account on a specified date below * stated figure. Subject to this power, local government* shall be contribution i-lNANLlAL DEVOLUTION JKULKH 1 i 7 at liberty to draw oti their balances, provided that notice of the amount which they propose to draw during the ensuing financial year is given to the Governor General in Council before such date in each year as the Governor General in Council may by order fix. 20. WhenevertheGovernorGeneralinCouncilhas,onreceipt ofduenoticeoftheintentionofthelocal Governmenttodrawonits balances, required it to reduce the extent of the proposed draft, he shall,attheendofthefinancialyearin whichthelocalGovernment is debarred from drawing, credit the local Government with interest on the amount which it was not permitted to draw. Such interest shall be a charge on the revenues of India and shall be calculated at the average rate at which the Governor General in Council has borrowed money in the open market during the year by the issue of treasury bills. 21. Anymoneyswhich,onthe1stdayofApril1921areowed to the Governor General in council on account of advances made from the provincial loan account of any province, shall be treated as an advance to the local Government from the revenues of India, and shall carry interest at a rate calculated on the average rate carried by the total amount owed to the Governor General in Council on this account on the 31st March 1921. The interest shall be payable upon such dates as the Governor General in Council may fix. In addition, the local Government shall pay to the Governor General in Council in each year an instalment in repayment of the principal amount of the advance, and this instalment shall be so fixed that the total advance shall, except where for special reasons the Governor- General in Council may otherwise direct, be repaid before the expiry of twelve years. It shall be open to any local Government to repay in any year an amount in excess to the fixed instalment. 22. (7) The capital sums spent by the Governor General in Council upon the construction in the various provinces of productive and protective irregation works and such other works financed from loan funds as may from time to' time be handed over to the management of local Governments shall be treated as advances made to the local Governments from the revenues of India. Such advances shall carry interest at the following rates, namely : (a) in the case of outlay up to the end of the financial year * 17, at the average rate of interest payed by the Governor General in Council on loans raised in the open market since the end of that year. (2) The interest shall be payable upon such dates, as the Governor General iu Council may fix. 1916-17, at the rate of 3*3252 per centum (1) in the case of outlay incurred alter the financial year 1916- ; iks tiOVT. OP INDIA ACT 23. TheGovernorGeneralinCouncilmayatanytimerwalye to a local Government an advance from the revenues oi India on fiuoh terms as to interest and repayment as he may think fit. 24. The payment of interest on loans and advances made under the three preceding rules and the repayment of .the principal of an advance under rule 21, shall be a charge on the annual allocat- ed revenues of the local Government, and shall have priority over all other charges, save only contributions payable to the Governor General in Council. 25. (/) Subject to the rules contained in Schedule III, the local Government shall have full power to sanction expenditure on provincial subjects (a) in the case of grants voted by the legislative Council to the full extent of such grant, and (b) In the case of the heads of expenditure enumerated .in sec- tion 72D (3) of the Act, to any extent, (2) Sanctions once given under clause (a) of sub-rule (/) shall remain valid for the specified period for which they are given, spb- ject to the voting of grants in each year. Delegation of powers of sanction. 26. Any powers conferred by rule 25 upon the Governor in Council or the Governor acting with ministers may, after previous consultation with the Finance Department hereinafter referred to, be delegated, with or without conditions, to any officer subordinate to the local Government. Such officer may not in his turn delegate such powers to any officer subordinate to him. Famine Insurance Fund. Each local Government shall establish and maintain out of provincial revenue* a famine insurance fund in accordance with the provision of Schedule IV, and such fund shall be controlled and administered as required by those provisions. Taxation and borrowing. 28. All proposals for raising taxation or for the borrowing .of money on the revenues of a province shall be considered by the Governor with his Executive Council and ministers sitting together, but the decision shall thereafter be arrived at by the Governor in Council, or by fcuo C^vornor and minister or ministers concerned, according as the proposal relates to a reserved or to a transferred subject. Allocation of revenue* for the administration of transferred subjects. 29. Expenditure for the purpose of the administration 4>f transferred subjects shall, in the first instance, be a charge on the general revenues and balances of each province, and the ?7. FINANCIAL DEVOLUTION ItULES 119 of proposals for expenditure in regard to transferred and reserved subject* will be * matter for agreement between that part df> the government which is responsible for the administration of transferred subjects and that part of the government which is responsible for the administration of reserved sulyects, Procedure in event ol failure to agree. 30. If the Governor is at any time statisfted that there is no hope of an agreement being arrived at within a reasonable time as to the framing of proposals in regard to expenditure for reserved and transferred subjects respectively, he may by order in writing allocate the revenue and balances of the province between reserved and transferred subjects by specifying the fractional proportions of the revenues and balances suhj< ct. which shall be aligned to each cl:ws of Period of order of allocation. 31. Every such order shall specify the period for which the allocation will remain in force. Such period shall be either the period of the office .of the then existing Legislative Council' or such longer period terminating at a date not later than one year after expiration thereof as the Governor may determine. The Governor may, if he thinks fit, before making an order of allocation, refer the question of the allocation of the revenues and balances of the the for the , report of such authority as the Governor General may appoint in this behalf, and tho Governor, if he so refers the matter shall make his order in accordance with the terms of the report. province Condition of order of allocation. 32. Every order of allocation made uhder these rules shall provide that, if any increase of revenue accrues during tho period of the order on account of the imposition of fresh taxation, that increase unless the legislature otherwise directs, shall be allocated in aid of that part of the Government by which the taxation is initiated. Preparation of budget in default of agreement or order of allocation , 33. If at the time of the preparation of aj>y budget no agreement of allocation such as is contemplated by these rules has been arrived at, the budget shall be prepared on the basis of the aggregate grants respectively provided for the reserved and transferred subjects in the budget of the year about to expire. Part iiLr-Fraftttc* Department. 34. (l) There shall be in each Governor'* pro*mce & Finai.eo Department, which shall be controlled by a member of the Executive Council. 120 QOPT, OF INDIA ACT subordinate to the member there shall be i financial secretary, with whom shall be associated, if the minister* so desire, a joint secretary appointed by the Governor after consul tation with the ministers. (3) The joint secretary shall be specially charged with the dutj of examining and dealing with financial questions arising in relatior to transferred subjects and with proposals for taxation or borrowing put forward by any minister. Function of Finance Department. 35. The Finance Department shall perform the following func frions, namejy : (a) it shall be in charge of the account relating to loans granted by the local Government, and shall advise on the financial aspect ol all transactions relating to such loans ; (b) it shall be responsible for the safety and proper employment of the famine insurence fund ; (c) it shall examine and report on all proposals for the increase or reduction of taxation ; (d) it shall examine and report on all proposals for borrowing by the local Government : shall take all steps necessary for the purpose of raising such loans as have been duly authorised : shall be in charge of all matters relating to the service of loans : (c) it shall be responsible for seeing that proper financial rules are framed for the guidance of other departments and that suitable accounts are maintained by other departments and establishments subordinate to them ; (/) it shall prepare an estimate of the total receipts and dis- bursements of the province in each year and shall be responsible during the year for watching the state of the local Government's balances ; (0) in connection with the budget and with supplementary estimates (1) it shall prepare the statement of estimated revenue and expenditure which is laid before the Legislative Council in each year and any supplementary estimates or demands for excess grants which may be submitted to the vote of the Council ; (H) for the purposes of such preparation, it shall obtain from the departments concerned material on which to base its estimates, and it shall be responsible for the correctness of the estimates framed on the material ao supplied ; (Hi) it shall examine and advise on all schemes of new expendi- (#) Immediately ture for which it is proposed to make provision in the estimate**, and FINANCIAL DEVOLUTION RULES 121 and shall decline to provide in the estimates for any scheme which has not been so examined ; (k) on receipt of a report from an audit officer to the effect that expenditure for which there is no sufficient sanction is being incurred, it shall require steps to be taken to obtaim sanction or that the expenditure shall immediately cease ; (i) it shall lay the audit and appropriation reports before the committee on public accounts, and shall bring to the notice of tho committee all expenditure which has not been duly authorised and any financial irregularities ; (j) it shall advise departments responsible for the collection of rvenue regarding the progress of collection and the methods of collection employed. Powers of Finance Department. 36. (/) After grants have been voted by tho Legislative Council, the Finance Department shall have power to sanction (1) any reappropriation within a grant from one major or minor head to another, (ii) any reappropriation between heads subordinate to a minor head which involves the undertaking of a recurring liability, and (in) any delegation by a member or minister in charge of a department to any officer dr class of officers of power to mako reappropriation between heads subordinate to a minor head, and the conditions of such delegation, and no such reappropriation or delegation shall be made without such sanction. (2) Copies of orders sanctioning any reappropriation which does not require the sanction of the Finance Department shall bo communicated to that department as scon as such orders are passed. 37, No expenditure on any of the heads detailed in section 72D. (3) of the Act, which is in excess of the estimate for that head shown in the budget of the year, shall be incurred without previous consultation with the Finance Department. 33. No office may bo added to, or withdrawn from, tho public service in the province, and the emoluments of no post may be vari- ed, except after consultation with the Finance Department ; and. when it is proposed to add a -permanent or temporary post to the pubiic service, the Finance Department shall decide to what cadre the proposed post will form an addition. 39. No duty allowance, local allowance or travelling allowance and too personal pay shall be sanctioned for any post or class of posts without previous consultation with the Finance Department. iG* N<> grant of land or assignment of land revenue, except Ifben the grant is made under the ordinary revenue rules of the pro- 16 122 OOFT. OF INDIA ACT 1919 vince, shall bo given without previous consultation with the Finance Department, and no concession, grant or lease of mineral or forest rights, of right to water power or of right-of-way or other easement, and no privilege in respect of such rights shall be given without such previous consultation. Abandonment of revenue* ect 41. No proposal involving an abandonment of revenue for which credit has been taken in the budget, or involving expenditure for which no provision has been made in the budget, shall be submit- ted for the consideration of tho local Government or the Legislative Council, nor shall any orders giving effect to such proposals issuo, without a previous reference to the Finance Department. Disposal of reports by Finance Department. 42. Every report made by the Finance Department on any matter on which it is requiied to advice or report under these rules Khali be forwarded to the department concerned and shall, if the Finance Department so require, be submitted by the department concerned to the Governor. The Governor may, if he thinks fit, direct that any such report shall be laid before the committee on public accounts. Presumption of assent of Finance Department. 43. Wherever previous consultation with the Finance Depart- ment is required by these rules, it shall be open to that Department to prescribe, by general or special order, cases in which its assent may be presumed to have been given. Agency Employment of Local Governments. 44. The Governor General in Council may employ the agency of tho Governor in Council of any province in the administration of central subjects in so far as such agency may be found convenient. Cost of agency establishment. 45. The cost of an establishment exclusively employed on the business of agecy shall be a charge against all-India revenues. Distribution of cost of joint establishment. 46. If a joint establishment is employed upon the administra- tion of central and provincial subjects,, the cost of such establishment may be distributed in such manner as the Governor General in Coun- cil and the Governor in Council of the province concerned may agroo. Part IV. Limitation of contvol by Governor General in Ccunci) over transferred subjects. 47. The powers of superintendence, direction and control over the local Government vested in the Governor General in Council THE (JEKTRAL SUBJECTS 12;J under the Act shall, in relation to transferred subjects, bo exercised only for the following purposes, namely : (1) to safeguard the administration of central subjects ; and (2) to decide questions arising between two provinces, incases where the provinces concerned fail to arrive at an agreement. SCHEDULE L SEE 1WLE 3 A1MVK PART I. CENTRAL SUBJECTS. 1. (a) Defence of India, and all matters connected with ills Majesty's Naval, Military and Air Forces in India, or with His Majesty's Indian Marine Service or with any other Force raised in India other than military and armed police wholly maintained by local Governments. (I) Naval and military works and cantonments. 2. External relations, including naturalisation and aliens, and pilgrimages beyond India. 3. Relations with States in India. 4. Political charges. 5. Communications to the extent described under I he follow- ing heads, namely : (a) Railways and extra-municipal tramways, in so far as thoy are rot classified as provincial subjects under entry 6 (d) of Parfc 11 of this Schedule; (b) aircraft and all matters connected therewith; (r) inland waterways, to an extent to be declared by rule made by the Governor General in Council or by or under legislation by tho Indian lagislature. 6. Shipping and Navigation, including shipping and navigation on inland waterways in so far as declared to be a central subject in accordance with entry 5. (r). 7. Light-houses (including their approaches), beacons, lightships and buoys. 8. Port quarantine, and marine hospitals. 9. Ports declared to be major ports by rule made by tho Governor General in Council or by or under legislation by tho Indian legislature. 10. Ports, telegraphs and telephones, including wireless installa- tions. 11. Customs, cotton excise duties, income-tax, salt, and other sources of all-India revenues. 12. Currency and coinage', IS. Ptihlir rfoht nf India. 1:21 GQVT. OF INDIA ACT Savings Banks. Department of the Comptroller and Auditor General 11. 15. 16. Civil law, including laws regarding status, property, civil rights and liabilities and civil procedure. 17. Commerce, including banking and insurance. 18. Trading companies and other associations. 19. Control of production, supply and distribution of any articles in respect of which control by a central authority is declared by rule made by the Governor General in council or by or under legislation by the Indian legislature to be essential in the public interest. 20. Development of industries, in oases where such Develop- ment by a central authority is declared by order of the Governor General in Council expedient in the public interest. 21. Control of cultivation and manufacture of opium, and sale of opium for export. Stores and Stationery, Control of petroleum and explosives. .Geological survey. 22. 23. 21. 25. 2G. Botanical survey. 27. Inventions and designs. Control of mineral development in so far as such control is reserved to the Governor General in Council under rule made or sanctioned by the Secretary of State, and regulation of mines. 28. 29. Emigration from, and immigration into, British India and in tor- provincial migration. 30. Criminal Law, including criminal procedure. 31. Central police organisation. #2. Control of arms and ammunition. 33. Central agencies and institutions for research Copyright. (including observatories) and for professional or technical training or promotion of special studies. 31. Ecclesiastical administration, including European ios. 35. Survey of India. 36. 37. 38. 39. Census and Statistics, 40. All-India Services. cemeter* Archeology. Zoological survey. Meteorology. 41. Legislation in regard to any provincial subject, insofar as such such subject is in Part II of this Schedule stated to be sub- ject to legislation by the Indian legislature, and any powers relating PROVINCIAL SUBJECTS 125 ta such subject; reserved by legislation to the Governor General in Council. 42. Territorial changes, other than iutra-provincial, and declaration of laws in connection therewith. 43. Regulation of ceremonial titles, orders, precedence and civil uniform. 44. Immoveabk property acquired by, or maintained at, the cost of the Governor General in Council. 45. All matters expressly excepted by the provisions of Part 11 of this Schedule from inclusion among provincial subjects. 46. All other matters not included under Part II of this Schedule, amongprovincial subjects PART 1I.-PROV1NC1AL SUBJECTS. 1. Local Self-government, that is to say, matters relating to the constitution and powers of municipal corporations, improvement trusts, district boards, mining boards of health and other local authorities established in a province for the purpose of local self- government, exclusive of matters arising under the Cantonments Act 1910 ; subject to legislation by the Indian legislature as regards (a) the powers of such authorities to borrow otherwise than from a provincial government, and (b) the levying by such authorities of taxation not included in Schedule II to the Scheduled Taxes Rules. 2. Medical administration, including hospitals, dispensaries and asylums and provision for medical oducalion, 3. Public health and sanitation and vital statistics ; subject to legislation by the Indian legislature in respect to infectious and contagious diseases to such extent as may be declared by any Act of the Indian legislature. 4. 5; Pilgrimages within British India. Education : provided that (a) the following subjects shall be excluded, namely : (i) the Benares Hindu University, and such other Univer- sities constituted after the commencement of these rules, as may be declared by the Governor General in Council to be central subjects, and (ii) Chiefs* Colleges and any institution maintained by the Governor General in Council for the benefit of members of His Majesty's Forces or of other public servants or of the children of such members or servants ; and (b) the following subjects shall bo subject to legislation by the Indian legislature, namely : (i) the control of the establishments, and the regulation of 12(5 GUM. Of INDIA ACT JO19 the constitutions and functions, of Universities con- stituted after the commencement of these rules, and (n) the definition of the jurisdiction of any University outside the province in which it is situated, arid (Hi) for a period of five years from the date of the commencement of these rules, the Calcutta Univer- sity and the control and organisation of secondary education in the presidency of Bengal. Public works included under the following heads, namely : (a) construction and maintenance of provincial buildings used or intended for any purpose in connection with the 0. province; andcareof historical monuments, with the exception of ancient monument as defined in section 2 (/) of the Ancient Monuments Preservation Act, 1904, which are for the time being declared to be protected monuments under section 3 (l) of that Act: provided that the Governor General ill Council may, by notification in the Gazette of India, remove any such monument from the operation of this exception ; (b) roads, bridges, ferries, tunnels, ropeways and causeways and other means of communication ; subject to such con- ^'tions as regards control over construction and main- tenance oi means of communication declared by the Governor General in Council to be of military importance, and as regards incidence, of special expenditure connected therewith, as the Governor General in Council may prescribe ; (r) tramwayswithinmunicipalareas; and ((/) light and feeder railways in so far as provision for their construction and management is made by provincial legis- lation ; subject to legislation by the Indian legislature in the case of any such railway or tramway which is in physical connection with a main line or is built on the same gauge as an adjacent main line. administration of the Water supplies, irrigation and canals, drainage and embank- ments, water storage arid water power ; subject to legislation by the Indian legislature with regard to matters of inter-provincial concern or affecting the relations of a Province with any other territory. 8. Land Revenue administration, as described under the following heads, namely : (a) assessment and collection of land revenue ; (b) maintenance of land records, survey for revenue purposes, records of rights ; 7. 9. PROVINCIAL SUBJECTS 127 (c) laws regarding land tenures, relations of landlords and and tenants, collection of rents ; (d) Courts of Wards, iucumbered and .attached estates ; (e) land improvement and agricultural loans ; (/) colonisation and disposal of Crown lands and alienation oflandrevenue; and (g) management of Government estates, Famine relief. 10.. Agriculture, including research institutes, experimental and demonstration farms, introduction of Improved methods, provi- sion for agricultural education, protection against destructive insects and pests and prevention of plant diseases ; subject to legislation by the Indian legislature in respect to destructive insects and pests, and plant diseases, to &uch extent as may be declared by any Act of the Indian legislature. 11. Civil Veterinary Department, including provision for veterinary training, improvement of stock, arid prevention of animal diseases ; subject to legislation by the Indian legislature in respect to animal diseases to such extent as may be declared b# any Act of the Indian legislature. 1'J. Fisheries. 13. Co-operative Societies. 14. Forests, including preservation of game therein; subject to legislation by the Indian legislature as regards disforestation of reserved forests. 15. Land acquisition ; subject to legislation by the Indian legis- lature. 10. Exeise, that is to say, the control of production, manufac- ture, possession, transport, purchase and sale of alcoholic liquor and intoxicating drugs, and the levying of excise duties and licence fees on or in relation to such articles, but excluding, in the case of opium, control of cultivation, manufacture and sale for export. 17. Administration of justice, including constitution, powers, maintenance and organisation of Courts of civil and criminal juris- diction whithin the province ;- subject to legislation by the Indian legislature as regards High Courts, Chief Courts, and Courts of Judi- cial Commissioners, and any Courts of criminal jurisdiction. 18. Provincial law reports. 19. Administrators General and Official Trustees ; subject to legislation by the Indian legislature. 20. Non-judicial stamps ;* subject to legislation by the Indian legislature, and judicial stamps, subject to legislation by the Indian legislature as regards amount o! Court-fees levied in relation to suits ami [froceedings in the High Courts under thoir original jurisdiction. 128 GOVT. OF INDIA. ACt 1&19 21. Registration of deeds and documents ; subject to legisla- tion by the Indian legislature. 22. Registration of births, deaths and marriages ; subject to legislation by the Indian legislature for such classes as "the Indian legislature may determine. 23. Religious and charitable endowments. 24. Development of mineral resources which are Government subject to rules made or sanctioned by the Secretary of State, but not including the regulation of mines. 25. Development of Industries, including industrial research and technical education. property ; 26. Industrial matters included under the namely : ((/) factories; (b) settlement of labour disputes ; (c) electricity; (d) boilers ; (e) gas ; (/) smoke nuisances ; and following heads, (?) welfare of labour including provident funds, industrial in- surance (general, health and accident) and housing ;-~- subject as to heads (a), (b), (c), (rf) and (10 ; subject to U'giblation by the Indian logiblature. as regards (a) the powers of such authorities to borrow other- wise than from a provincial Government, and (b) the levying by suHi authorities of taxation not included in Sehrolule IT to th<> Scheduled Taxes nui*. '2. Mt*dicab administration, including hospitals, dis- pensaries and aayhiras, and provision for medical education. :i, Public health and sanitation and vital statistics ; . .subject to li'giblat ion by tlic Indian legislature. in respect to infectious and contagious diseases to such extent as may lx declared by any Act of the Indian legiblature. within HritiHh India ... ... ICducation, other than EurojK^an and Anglo-Indian education; providedthnt pal corporations, improvement trusts, Ca) the following subjects shall be excluded namely : ('0 the Denates Hindu TniverRity anl such other Universities, constituted after the commence- ment of these rules, as may be declared by Ibe Governor General in Council to be central sub- jects, and (ii) Chiefb* Colleges and any institution maintained by the Governor General in Council for the benefit of member* *f His Majesty's Fomet or of other public servants or of the children of such members , v>r want ; and PROVINCIAL SUBJECTS FOtt TllANSFEll t3l 0. Public Works included under the following heads, namely : (b) the following HiibjecU shall be sublet to legiblatiou by the Indian legislature, namely (i) the control of the establishment, and regulation of the constitutions and functions, of rniversitiet* constituted ufljr th comm'iicom nt of tluw rules, and (w) the definition of the jurisdiction of any I'n'.vcrbil y outside the province in which it is situated, aiul (iii) for a period of live years from the date of llic commencement of these rules, the Calcutta Uni- versity and the control and organization of secondary education in the presidency of Bengal. (a) construction and maintenance of provincial buildings, other than residences of GovernorH of provinces, used or intended for any purpose in connection with the administration of tlu 1 province on behalf of the departments of Govern- ment concerned, save in so far as the Ooverifor may assign such work to the departments using and care of hibtori- cal monuments, with the exception of ancient monuments as defined in section 2 (I) of the All Governor*,' provinces, except Abbam. or requiring such buildings ; ancient Monuments Preservation which are for the time being declared to be protected monuments under section 3 (1) of that Act ; provided that the (Governor General in Council -may, by notification in the Gazette of India, remove any such monument from the operation of this exception ; and causeways, and other means of communication, subject to such condition, as regards control over (b) roads, bridges, ferries, tunnels, ropeways construction and maintenance of means of cotnmnnieation declared by the Governor General in council to be of military importance, and as ngards mcideuce of special expenditure connected therewith, as the Governor General in Council may prescribe ; (c)tramwayswithinmunicipalarea*; ami (d) light and feeder railways anil extra municipal All! maybe 134 GOV'L\ OF INDIA ACT 1919 (ii) to tho creation of any temporary appointment the maximum pay of which exceeds Rs. 1,000 a month and which lasts or is expec- ted to last for more than two years, or, if the appointment be for settlement work, for more than five years ; (in) to the grant to any officer of an allowance which is not admissible under rules made under section 96 B. of the Act, or, in cases in which those rules do not apply, under the terms of any authorised Code issued or maintained under the authority of the said rules ; (iv) to the grant to any retiring officer of a pension or gratuity which is not admissible under the rules for the time being in force under section 96B. of the Act ; (v) to the grant of pensions or gratuities to non-officials, except in the case of (a) compassionate gratuities servants left in indigent circumstances, (b) pensions or gratuities to the families of officers dying while employed in Government service granted in accordance with such rules as may be made in this behalf by the {Secretary of State in Council, (c) pensions or gratuities to non-officials injured or the families of non-officials killed during services rendered to the State, and (d) pensions or gratuities to non-officials - who have rendered exceptional services to Government; (vi) to any increase of tho contract, sumptuary or furniture grant of the Governor ; (mi) to any expenditure upon tho purchase of stores, either in the United Kingdom or in India, otherwise than in accordance with such rules as may be made in this behalf by the Secretary of State inCouncil; and (viii) to any expenditure upon railway carriages or water-borne vessels specially reserved for the use of high officials, otherwise than in connection with the maintenance of tho railway carriages already set apart with tho sanction of tho Secretary of State in Council for the exclusive use of the Governor. Note. Gratuities sanctioned under sub-clause (v) (a) of this paragraph should be subject as to total to such annual limit as the Secretary of State in Council may proscribe. 3. Tho previous sanction of the Governor General in Council is necessary (i) Sulyect 'to the provisions of paragraph 2 (i) of this Schedule (a) to the creation of a permanent appointment on a maximum rate of pay higher than Us, 1,000 a month s to the families of Government GENERAL R ULES FOR EXPENDITURE 1 38 (J) to the increase of the maximum pay of a sanctioned permanent appointment to an amount in excess of Rs, 1,000 a month ; (ii) to expenditure on a residence of the Governor in excess of Rs. 75,000 in any year; (w) to expenditure upon irrigation and navigation works, inoluding docks and harbours, and upon projects for drainage, embankment and water-storage and the utilisation of water-power, in any of the following cases, namely : (a) where ,the project concerned materially affects the interests of more than one local Government ; (b) where the original estimate exceeds 50 lakhs of Rupees ; (c) where a revised estimate exceeds by 25 per centum or 50 lakhs of rupees, whichever ia less, an original estimate sanctioned by the Governor General in Council. (d) where a further revised estimate is proposed, after one revised estimate has already been sanctioned by the Governor GeneralinCouncil; and (iv) to revisions, involving additional expenditure exceeding Rs, 15 lakhs a year, of permanent establishments serving in depart- ments dealing with reserved subjects. 4. Apart from the restrictions imposed by paragraphs 1, 2, and 3 of the Schedule the power of sanctioning expenditure conferred upon the local Government by rule 25 shall be unlimited, SCHEDULE IV. SEE RULE 27. 1. The local Governments mentioned below shall, save as hero- in-after provided, make in every year provision in their budgets for expenditure upon relief of, and insurance against, famine of such amounts respectively (hereinafter referred to as the annual assign- ments) as are stated against each: Madras Bombay Bengal United Provinces Punjab Rs. . .. ... 6,61,000 .. - 03,60,000 - *. 2,00,000 *> - 39,60,000 * 3,81,000 136 007T. OF INDIA ACT Ml9 Burma Bihar and Orissa Central Provinces Assam - ... ... ... ... ... ... ... ... . 2. The provision shall bo made in the shape of a demand for a grant, and the estimates shall show, wider the major heads concern- ed, the method in which it is proposed to utilise the grant. 3. The grant shall not bo expended save upon the relief of fund of the province. 4. The famine insurance fund shall consist of the unexpended balances of the annual assignments for each year, iranafepned to the fund under paragraph 3 of this Schedule, together with any interest famine or upon the construction of . protective irrigation other works for the prevention of famine. Any portion of the grant which is not so spent shall bo transferred to the famine insurance which may accrue on these balances. 5. The local Government may, in any year when the> accumu- ^ lated total of the famine insurance fund of the province is 'not less than six times the amount of the annual rarily the provision of the annual assignment. 6. The famine insurance fund shall form part of the general balances of the Governor General in Council, who shall pay at the end of each year interest on the average of the balances held in the fund on the last day of each quarter. The interest shall bo calculat- ed at the average rate at which the Governor General in Council has during the year borrowed money by the issue of treasury bills. Such interest shall bo credited to the fund. 7. The local Government may at any time expend the balance at its credit in the famine insurance fund for any of the purposes specified in paragraph 3 of this Schedule. 8* Such balances may further be utilised in the grant of loans to cultivators, either under the Agriculturists, Loans Act, 1884, or for relief purposes. When such loans have been granted, payments of interest on loans and repayments of principal shall bo credited to the fund as they occur, and irrecoverable loans written off shall form a final charge against the fund. 9. In case of doubt whether the purpose for which it is propos-. ed to spend any portion of -the annual assignment or the famine insurance fund is one of the purposes specified in paragraph 3 of this Schedule, the decision of the Governor shall be final. 10. The annual accounts of tho annual assignments and of the fund 5>hall bo maintained in the forms annexed to this Schedule! assignment, suspend tempo- Rs. 67,000 11,62,000 47,26,000 10,000 ' works or ' ;. Transferred Subjects Rules In exercise of the power* conferred by section 6J (S) and section . of the Government of India Ad, the Gwernor General in Council, with the sanction of the (Secretary of State in Council, is phasrd to woke the following rules : 1. These rules may be called the Transferred Subjects (Tem- porary Administration) Rules. 2. In cases of emergency where, owing to a vacancy, there ia no minister in charge of a transferred subject, the Governor (1) shall, if another minister is available -and willing to take charge of the subject appoint such minister to administer the subject temporarily; or (2) may, if the vacancy cannot be provided for in the manner aforesaid, himself temporarily administer the subject, and while so doing shall exercise in relation to such subject all such powers, in addition to his own powers as Governor, as he could exercise if he were the minister in charge thereof. 3. In any case in which the Governor himself undertakes temporarily to administer a subject under these rules, he shall certify that an emergency has arisen in which, owing to a ministerial vacan- cy, it is necessary for him so to do, and shall forthwith forward a *& copy of such certificate for the information of the Governor Gene- ral in Council. 4. Such temporary administration by the Governor shall only continue until a minister has been appointed to administer the sub- ject. 5. The Governor shall not exercise in respect of such subject the powers conferred on him by section 72E. of tho Government of India Act, Scheduled Taxes Rules In exercise of tlw power* conferred by section 80A. (#) (a) and section 129A. of the Government of India Act9 the Governor General in Council, with the sanction of the Secretary of State in Council, is pleated to make the following rules : 1. These rules may be called the Scheduled Taxes Rules. 2. The Legislative Council of a province may, without the previous sanction of the Governor-General, make and take into COD. lT(a) 13G(i) QOVT. OF INDIA ACT 1919 sideraiion any law imposing, for the purposes of the local Govern- ment, any tax included in Schedule I to these rules. 3. The Legislative Council of a province may, without the previous sanction of the Governor General make and take into con- sideration any law imposing, or authorising any local authority to impose, for the purposes of such local authority, any tax included in Schedule II to these rules. 4. The Governor General in Council may at any time, by order make any addition to the taxes enumerated in Schedules I and II to these rules. 5. Nothing in these rules shall affect the right of a local autho- rity to impose a tax without previous sanction or with the previous sanction of the local Government when such right is conferred upon it by any law for the time being in force. SCHEDULE I. 1. A tax on land put to uses other than agricultural 2. A tax. on succession or on acquisition by survivorship in a joint family, A tax on form of or law. any betting gambling permitted by .'{. 4. A tax ou advertisements. r>. Ataxouamusements. fi. A tax on any specified luxury. 7. ARegistrationfee. 8. A fttam-duty other than duties of which the amount is fixed by Indian legislation. SCHEDULE II. In this Schedule the word ."Tax'* includes a cess, rate duty or fee. 1. Atoll. 2. A tax on land or land values. 8. A tux on buildings. I. Ataxonvehiclesorboats. 5. A tax on animals. . A tax on menials and domestic servants. 7. Anoctroi. 8. A terminal tax on goods imported into a local area in which an octroi was levied on or before the Gth July, 1917, 9. Ataxontrades,professionsandcallings. 10. Ataxonprivatemarkets. II. A tax imposed in return for services rendered, such as (a) a water rate, (b) a lighting rate, (c) a scavenging, sanitary or sewage rate, (d) a drainage tax, Ce) fees fox the use of markets and other public conveniences, Local Legislature Rules In exercise of the powers conferred by sanction #0-A. (3) (h) and section 129-A. of the Government of India Act, the Governor General in Council, with the sanction of the Secretary of State in Council, is pleaded to make the following rules : 1. These rules may be called the Local Legislatures (Previous Sanction) Rules. . pre- (1) any law made by any authority in British India before the commencement of the Indian Councils Act, 1861 : provided that the Governor General in Council may, by notification in the Gazette of India, declare that this provision shall not apply to any such law which he may specify and, if he does so, previous sanction shall not thereafter be necessary to the alteration or repeal of that law ; or (2) any law specified in the Schedule to these rules or any law made by the Governor General in Council amending a law so speci- fied, 1800 1807 1809 . 1870 . 1872 . 1874 - . . . 1875 1877 1881 . . ., , . 1882 M . A local not or alter without the legislature may repeal 2. vious sanction of the Governor General Year. 18(>0 . 1864 18GG . No. XLV in in x xv xxi xxi xxvni xxv iv xxi I ni ix xv x in xiv xv ix I v xni xxvi ii iv vii Short till-. The Indian 1'eiial Code. The Foreigners Act, 1804. The Carriers Act, 1864. The Indian Succession Act, 1805. The Parsi Marriage and Divorce Act, 1805. The Parsi Intestate Succession Act, 1805. The Native Converts' Marriage Di&solution Act, The Trustees' and Mortgagees' Powers Act, 1800. The Press and Registration of Books Act, 1807. The Indian Divorce Act, 180'J. The Hindu Wills Act, 1870. The Indiaa evidence Act, 1872. The Special Marriage Act, 1872. The Indian Contract Act, 1872. The Indian Christian Marriage Act, 1872. The Indian Oaths Act, r873. The Married Women's Property Act, 1871. The Scheduled Districts Act, 1874. The Laws Local Extent Act, 1874. The Indian Majority Act, 1875. The Specific Belief Act, 1877. The probate and Admiuisratioii Act, 188 j, The Fort William Act, 1881. The Negotiable Instruments Act, 1881 The Indian Trusts Act, 1882. The Transfer of Property Act, 1882, The Powers-of-Attorney Act, 1882, . . . . . . . . . . 1873 . . . . . 136(d) V<-pr, " 188',' 1890 1891 1895 1897 1818 ,, 1899 1903 1908 1909 ,, 1'jlO 19Iu Iia7 1918 1919 1920 No. GOVT. OF INblA ACT IDID Short title. TV vn * xv via TX xvni xv 1U x xiv v ix ix M.V xv v JX xiv xv xvi in rv vir I X IV v vi vi vn Jj Jir IX XV f xxvi X XI V x Xiv The Indian Merchandise Marks Act, 1889. The Succession Certificate Act, 1880. The Indian Official Secrets Act, 1889. The Guardians and Wards Act, 1890. The Indian Railways Act, 1890. The Bankers' Books Evidence Act, 1891. The Crown Grants Act, 181)5. Tiic Epidemic Diseases Act, 1897. The General ( laubeH Act, 1897. The Indian short Titles Act, 1897. The Code of Criminal procedure, 1898. The Live-stock Importation Act, 1898. The Indian Arbitration Act, 1399. The Indian Foreign Marriage Act, 1903. The Indian Extradition Act, 1903. The Code of Civil procedure, 1908. The Indian Limitation Act, 190H The Indian Criminal Law Amendment ^et, 1V08 'r The Indian Ports Act 1908. The Indian Registration Act, 1908. > The Pr-jMdency-towns Insolvency AQ*, 1909, The Whipping Act, 1909. Th; A nand Marriage Act, 1909. The Indian Press Act, 1910. The Sodi tious MeetingH Act, 1911. The Dndiau Lunacy Act, 19HJ. The Provident Insurance Societies Act, 1912. Thu Indian Lit'o Assuranct^ CouipanieH Act, 1912. The Mussalman AVakf.Validating Act, 1913. The Indian Companies Act, 1913. The Destructive I Lsccts and Pehtb A el, 191 -J ( The Indian 1 opynght Acl, 1914. The Local Authorities i*>a*us Act. 1911. The Hindu D spohilion of Property Acl, J 910, The Inland SUam Vessels Act, 1917. The TninsiW (f Property (Valitlatmg) Act, 1!)17. The Ubunouh Loans Act, 19 IS. The Anarchical aiid Revolutionary OriiiifH Act, The Provincial Insolvency Art, 19^0. The Indian Securities Act, 1920. The Charitable and Religious Trusts Act, 1920. Reservation of Bill Rules In exercise of the powers conferred by section 81A. (l) and section 129A.ofthe GovernmentofIndiaAct,theGovernorGeneralinCouncil, with the sanction of the Secretary of State in Council, is pleased to make the follmving rules : 1. Tbese rules may be called the Eeservation of Bills Kules. 2. The Governor of any Governor's province shall reserve for the consideration of the Governor General any Bill, not having been previously sanctioned by the Goveinor General, which has been passed by the Legislative Council of the province and is presented to the Governor for his assent, if the Bill appears to the Governor to contain provisions (a) affecting the religion or religious rites of any class of British subjets in British India, or (/>) regulatingtheconstitutionorfunctionsofanyUniversity,or (c) having the effect of including within the transferred subject matters whfch have hitherto been classified as reserved subjects, or (d) providing for the construction or management of a light feeder railway or tramway other than a tramway within municipal limits, or (e) affecting the land revenue of a province either so as to (*) prescribe a period or periods within which any temporarily settled estate or estates may not be reassessed to land revenue, or (if) limit the extent to which the assessment to land revenue of suchanestateorestatesmaybemadeorenhanced,or (Hi) modify materially the general principles upon which land revenue has hitherto been assessed, if such prescription, limitation or modification appears to the Gover- nor to be likely seriously to affect the public revenues of the province. 3. The Governor of any Governor's province may reserve for the consideration of the Governor General any Bill, not having been previously sanctioned by the Governor General, which has been passed by the Legislative Council of the province and is presented to the Governor for his assent, if the Bill appears to the Governor (a) to affect any matter wherewith he is specially charged under his Instrument of Instructions, or (b) to affect any central subject, or (c) to affect the interests of another province.