Puslapio vaizdai
PDF
„ePub“

GOVERNMENT OF INDIA BILL

HE following text represents what the Government of India believe to be the language of the Bill to make further provision with respect to the government of India which has been introduced in Parliament :Whereas, with a view to the progressive realisation of responsible government in British India as an integral part of the Empire it is expedient gradually to develop self-governing institutions in that country:

And whereas concurrently with the gradual development of such institutions in the provinces of India it is expedient to give to those provinces in provincial matters the largest measure of independence of the Government of India, which is compatible with the due 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:

PART I.

Local Governments.

Classification of control and provincial subjects.

1. (1) Provision may be made by rules under the Government of India Act, 1915, as amended by the Government of India (Amendment) Act, 1916 (which Act, as so amended, is in this Act referred to as "the principal Act"):

(a) for the Classification of subjects, in rela

tion to the functions of government, as central and provincial subjects, for the purpose of distinguishing the functions of local Governments and legislatures from the functions of the GovernorGeneral-in-Council, and the Indian Legislature ;

(b) for the devolution of authority in respect of provincial subjects, and for the allocation of sources of revenue, to local Governments;

(c) for 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 convenient; 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 the Minister in charge of the subject, and for the allocation of provincial funds for the purpose of such administration.

Rules made for the above-mentioned pur

(2)

poses may

(i) regulate the extent and conditions of such devolution, allocation, and transfer; (ii) provide for fixing the contributions pay

able by local Governments to the Governor-General-in Council and making such contributions a first charge on provin cial revenues;

(iii) provide for constituting a finance department in any province and regulating the functions of that department; (iv) provide for regulating the exercise of the authority vested in the local Government of a province over members of the public services therein;

(v) provide for the settlement of doubts arising as to whether any matter does or does not belong to a provincial 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

(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 revocation or suspension of the transfer of any subject except with the sanction of the Secretary of State in Council.

Provision as to Powers of Control of GovernorGeneral-in-Council.

(3) 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 be exercised only for such purposes as may be 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.

(4) The expressions "central subjects" and "provincial subjects" 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."

Revised system of local government in certain provinces. (Rep. 214, 218; Act of 1915, ss. 46 and foll) 2. (1) The presidencies of Fort William in Bengal, Fort St. George and Bombay, and the provinces known as the United Provinces, the Punjab, Behar and Orissa, the Central Provinces, and Assam, shall be governed in relation to reserved subjects by a Governor-in-Council and, in relation to any transferred subject, save as other-wise provided by this Act, by a Governor acting with the Minister appointed under this Act and in charge of the subject. The said presidencies and provinces are in this Act referred to as "Governors' provinces" and the two first named presidencies are in this Act referred to as the presidencies of Bengal and Madras.

(2) The provisions of Sections forty-six to fifty-one of the principal Act, as amended by this Act, shall apply to the United Provinces, the Punjab, Behar and Orissa, the Central Provinces, and Assam, as they apply to the presidencies of Bengal, Madras, and Bombay. Appointment of Ministers. (Rep. 218, 219, 220.)

3. (1) The Governor of a Governor's province may, by notification, appoint Ministers, not being members of his Executive Council or other officials, to administer transferred subjects, and any Ministers so appointed shall hold office during his pleasure.

Thereshall be paid to any Minister so appointed such salary as the Governor, subject to the sanction of the Secretary of State, may determine.

(2) No Minister shall hold office for a longer period than three months, unless he is or becomes an elected member of the local legislature.

(3) In relation to a transferred subject, the Governor shall be guided by the advice of the Minister in charge, unless having regard to His Majesty's instructions he sees sufficient cause to dissent from the opinion of the Minister, in which case he may require action to be taken otherwise than in accordance with that advice.

(4) Provision may be made by rules 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. Qualification of Members of Local Executive Councils. (Rep. 218; Act of 1915, 'ss. 47 and 55. 4. (1) The provision in Section forty-seven of the principal Act, that two of the members of the Executive Council of the Governor of a province must have been for at least twelve years in the service of the Crown in India, shall have effect as though "one" were substituted for "two" and the provision in that section that the Commander-in-Chief of His Majesty's Forces in India, if resident at Calcutta, Madras or Bombay, shall during his continuance there, be a member of the Governor's Council, shall cease to have effect.

(2) Provision may be made by rules under the principl Act as to the qualifications to be requir ed in respect of members of the Executive Council of the Governor of a province in any case where such provision is not made by Section forty-seven of the principal Act as amended by this section.

Business of the Governor-in-Council and the
Governor with Ministers.

5. (1) All orders and other proceedings of the local Government of a Governor's province shall be expressed to be made by the Government of the province and shall be authenticated as the Governor may by rule direct.

(2) The Governor may make rules and order for the more convenient transaction of business in his Executive Council and with his Ministers, and every order made or act done in accordance with those rules and orders shall be treated as being the order or the act of the government of the province.

The Governor may also make rules and orders for regulating the relations between his Executive Council and his Ministers for the purpose of the transaction of the business of the local government.

Local Legislatures (Rep. 215, 236; Act of 1915, ss. 72 and foll.)

6. (1) The aggregate number of members of the Governor's Legislative Councils, the number of members elected by general communal and other electorates respectively, and the number of nominated official and nominated non-official members shall be in accordance with the table set out in the First Schedule to this act: Provided that

(a) rules under the principal Act may provide for increasing by not more than five per

cent. the aggregate number of merabers of any Council as specified in that Schedule, and for varying the proportions which the classes of members specified in that Schedule bear to one another; so, however, that at least seventy per cent, of the memmers of every Governor's Legislative Council shall be elected members and that not more than twenty per cent. of the aggregate shall be official members; and the (b) Governor may for the purpose of any Bill introduced or proposed to be introduced in in the 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 and 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 aggregate above referred to.

(2) The powers of a Governor's Legislative Council may be exercised notwithstanding any vacancy in the Council.

(3) Subject as aforesaid provision may be made by rules under the principal Act as to(a) the term of office of members of a Gover

nor's Legislative Council and the manner of filling casual vacancies occurring by reason of absence from India, inability to attend to duty, death acceptance of office, resignation duly accepted, or otherwise, and (b) the conditions under which and manner in which persons resident in India may be nominated or elected as members of Governor's Legislative Councils, and

(c) the qualifications for being, and for being nominated or elected, a member of any such Council, and

(d) the final decision of doubts or disputes as to the validity of any election.

(4) 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 a Governor's Legislative Council.

Meeting of Governor's Legislative Council. 7. (1) A Governor may appoint such times for holding the sessions of his Legislative Council, as he thinks fit, and may also by notification or otherwise prorogue the Council.

(2) Any meeting of Governor's Legislative Council may be adjourned by the person presiding.

(3) All questions in a Governor's Legislative Council shall be determined by a majority of

votes of the members present other than the per son presiding, who shall, however, have and exercise a casting vote inthe case of an equality of votes.

(4) A Governor's Legislative Council may be dissolved at any time by the Governor by notification, but in that case the Governor shall appoint a date not more than six months after the date of dissolution for the next session of his Legislative Council.

[ocr errors]

Powers of Local Legislatures.

8. (1) The local legislature of any province has power, subject to the provisions of this Act, to make laws for the peace and good government 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 previous sanction of the Governor-General, make or take into consideration any law

(a) imposing or authorising the imposition of

any new tax unless the tax is a tax (in this Act referred to as a "scheduled tax") scheduled as exempted from this provision by rules made under the principal Act; or (b) 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-inCouncil for the general purposes of the Government of India, provided that the imposition or alteration of a scheduled tax shall not be deemed to affect any such tax or duty; or

(c) affecting the discipline or maintenance of any part of His Majesty's naval, military, or air forces; or

[blocks in formation]

(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 scheduled by rules under the principal Act as a law which cannot be repealed or altered by the local legislature without previous sanction; or (i) altering or repealing any provision of a law passed by the Indian legislature after the commencement of this Act which by the terms of such law may not be repealed or altered by the local legislature without previous sanction;

[blocks in formation]

(a) the local Government shall have power, in relation to any such resolution, to act as if it had been assented to, notwithstanding the withholding of such assent if the resolution relates to a reserved subject, and the Governor certifies that the expenditure provided for by the resolution is essential to the discharge of his responsibility for the subject;

(b) the Governor shall have power in cases of emergency to authorise such expenditure as may be in his opinion necessary for the safety and tranquillity of the province or for the carrying on of any department; (c) nothing in this sub-section shall require proposals to be submitted to the Council

in regard to expenditure which is declared. by rules under the principal Act to be a permanent charge on provincial revenues; and

(d) no proposal for the appropriation of any such revenues for any purpose or for the increase of the amount of the expenditure authorised or proposed to be authorised by any resolution shall be made except on the recommendation of the Governor communicated to the Council.

(3) Provision shall be made for the appointment from among the members of the Council of grand committees on which a majority of the members shall be nominated members, selected by the Governor, with power, in cases specially referred to them, to pass or reject laws without the assent of the Council, which laws shall, if passed, have the same effect as laws passed by the Council.

(4) Where any Bills relating to a reserved subject has been introduced or is proposed to be introduced or an amendment to such a Bill is moved, the Governor may certify that the Bill or any clause of it or the amendment is essential to the discharge of his responsibility for the reserved subjects; and the Bill, clause, or amendment shall thereupon be referred to a grand committee.

(5) 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, the Governor may certify that the Bill or any clause of it or the amendment affects either

(a) the safety or tranquillity of his province or any part of it or of another province,

or

(b) the interests of a specified reserved subject;

and may direct either that no proceedings or no further proceedings shall be taken by the Council in relation to the Bill, clause or amendment, or, if he thinks fit and if the Council so desire, that the Bill, clause or amendment shall be referred to a grand committee, and the Bill, clause or amendment shall be dealt with in accordance with such direction.

(6) Provisions 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 and for the preservation of order at meetings thereof; 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.

(7) Standing orders may be made providing for the conduct of business and the procedure to be followed in the Council, 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-in-Council, but may, subject to the assent of the Governor, be altered by the local legislatures.

(8) There shall be freedom of speech in the Governor's Legislative Council. No person shall be liable to any proceedings in any courts 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. Assents to Acts of local legislature. (Rep. 254.)

10. (1) Where a Bill has been passed by a local Legislative Council the Governor, Lieutenant-Governor or Chief Commissioner may instead of declaring that he assents to or withholds his assent from the Bill, return the Bill to the Council for consideration either in whole or in part together with 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 the consideration of the Governor-General.

(2) Where a Bill is reserved for the 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 after the date of the reservation of the Bill, with the consent of the Governor-General but not otherwise return the Bill for further consideration by the Council with a recommendation that the Councils shall consider amendments thereto, and such Bill, when so returned, together with any recommendations relating thereto, shall be dealt with by the Council; (b) After any Bill so returned has been further considered by the Council, together with any recommendations made by the Governor, Lieutenant-Governor.or Chief Commissioner, relating thereto, the Bill, if re-affirmed in accordance with the appropriate procedure, with or without amendment, may be again presented to the Governor, Lieutenant-Governor Chief Commissioner ;

or

[ocr errors]

(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 way as a Bill assented to by the Governor, Lieutenant-Governor or Chief Commissioner, but if not assented to by the Governor-General within such period 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 further consideration by the Council; or

(ii) in the case of the Council not being in

session a notification has been published of any intention so to return the Bill at the commencement of the next session. (3) The Governor-General may (except where a Bill has been reserved for his consideration), instead of assenting to or withholding his assent from any Act passed by a local legislature, declare that he reserves the Act for the signification of His Majesty's pleasure thereon, and in such case the Act shall not have validity until His Majesty has signified his assent to the Governor-General through the Secretary of State in Council, and his assent has been notified by the GovernorGeneral. Vacation of seats in Governor's Legislative Council. 11. An official shall not be qualified for election as a member of a local Legislative Council and if any non-official member of local Legislative Council, whether elected or nominated, accepts any office in the service of the 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 be an official and a person shall not be deemed to accept office on appointment as a Minister.

Constitution of new provinces, etc, (See Rep 199, 246.)

12. (1) The Governor-General-in-Council may, by notification with the sanction of His Majesty previously signified by the Secretary of State in Council, constitute a new Governor's province, or place part of a Governor's province under the administration of Deputy-Governor, and may in any such case apply, with such modification as appear necessary or desirable all or any of the provisions of the principal Act relating to

« AnkstesnisTęsti »