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Governors' 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 within any Governor's province to be a backward tract, and the Governor-General in-Council may, by notification, with such sanction as aforesaid, direct that the principal Act and this Act shall apply to that territory subject to such exceptiors and modifications as may be prescribed in the notification,
13. (1) The validity of any order made or action taken after the commencement of this Act by the Governor-General-in-Council or by a local Government which would have been within the 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 legal 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) The validity of any law passed by the Indian legislature or any local legislature shall not be open to question in any legal proceedings on the ground that the law affects a provincial subject or a central subject, as the case may be.
(3) The validity of any order made or action taken by the Governor-in-Council or by a Governor acting with a Minister, shall not be open to question in any legal proceedings on the ground that such order or action relates or does not relate to a transferred subject of which the Minister is not in charge.
Government of India.
Indian Legislature. (Rep. 273, 274, Act of 1915, s. 63.)
14. Subject to the provisions of this Act, the Indian legislature shall consist of the GovernorGeneral and two chambers, namely, the Council of State and the Legislative Assembly.
Council of State (Rep. 277.)
15. (1) The Council of State shall consist of the Governor-General, the members of the Governor-General's Executive Council, and members nominated or elected in accordance with rules made under the principal Act.
(2) The Council of State shall consist of fiftysix members (exclusive of the Governor-General), the number of non-elected members shall be
thirty-two, of whom at least four shall be nonofficial members, the number of elected members shall be twenty-four.
(3) The Governor-General, when present, shall preside in the Council of State and shall have power to appoint, from among the members of the Council of State, a Vice-President and other persons to preside in such circumstances as he may direct.
Legislative Assembly. (Rep. 278, Act of 1915, s. 63.)
16. (1) The Legislative Assembly shall consist of the members of the Governor-General's Executive Council and members nominated or elected in accordance with rules made under the principal Act;
(2) The Legislative Assembly shall consist of one hundred and twenty members, the number of non-elected members shall be forty of whom twenty-six shall be official members, the number of elected members shall be eighty:
Provided that rules made under the principal Act may provide for increasing by not more than five per cent. the aggregate number of members of the Legislative Assembly as fixed by this section, and may vary the proportion which the classes of members bear one to another; so, however, that at least two-thirds of the members of the Legislative Assembly shall be elected members and at least one third of the other members 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.
Duration and sessions of Legislative Assembly and Council of State. (Rep. 278, 283.) 17. (1) Every Council of State shall continue for five years, and every Legislative Assembly for three years, from the first meeting: Provided that
(a) either chamber of the legislature may be sooner dissolved by the Governor-General ; 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 shall appoint a day not more than six months later for the next sessions of that chamber.
(2) The Governor-General may appoint such times for holding the sessions of the Indian legislature as he thinks fit, and may also from time to time by notification or otherwise prorogue the Indian legislature.
(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.
Vacation of seats in Indian Legislature.
18. (1) An official shall not be qualified for election as a member of either chamber of the Indian legislature and if any non-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 Indiau legislature becomes a member of the other chamber, his seat in such first mentioned chamber shall thereupon become vacant. Rules as to constitution, etc., of Legislative Assembly and Council of State. (Act of 1915, s. 66. See Rep. 278.)
19. (1) Subject to the provisions of this Act, provision may be made by rules under the principal Act as to
(a) the term of office of nominated members of the Council of State and the Legislative Assembly, 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, or resignation duly accepted or otherwise; and
(b) the conditions under which and the manner in which persons resident in India may be nominated or elected as members of the Council of State or the Legislative Assembly; and
(c) the qualifications for being nominated or elected as members of the Council of State or the Legislative Assembly; and
(d) the final decision as to doubts or disputes as to the validity of an election.
(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. Rules as to business carried on by Indian Legislature. (Rep. 279, 280, 284, 286.)
20. (1) Sub-sections (1) and 3 of Section sixtyseven of the principal Act (which relate to the
classes of 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 preservation of order in the chambers of the Indian legislature and as to the persons to preside at the meetings of the Legislative Assembly; 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.
(3) If any difference of opinion arises between the chambers of the Indian legislature, in relation to legislation the Governor-General may refer the matter for decision to a joint sitting of both chambers, or may return the matter for reconsideration by either chamber.
(4) Where the Governor-General-in-Council certifies that it is essential for the safety, tranquillity or interests of British India or any part thereof or for the purpose of meeting a case of emergency which has arisen that any law shall be passed, the Council of State shall have power to pass laws without the assent of the Legislative Assembly which laws shall have effect as laws passed by both chambers.
(5) Rules made for the purpose of this section may contain such general and supplemental provisions as appear necessary for the purpose of giving full effect to this section.
(6) Standing orders may be 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 be altered by the chamber to which they relate.
(7) 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 the proceedings of either chamber. Composition of Governor-General's Executive. (Rep. 271, Act of 1915, s. 36.)
21. (1) The provision in Section thirty-six of the principal Act, that Composition of three at least of the members of the Governor-General's Executive Council must have been for at least ten years in the service, or the Crown in India, shall have effect as though "two" were substituted for
23. The Secretary of State in Council may, notwithstanding anything in the principal Act, by rule regulate and restrict the exercise of the powers of superintendence, direction and control vested in the Secretary of State, the Secretary of State in Council, and the Governor-General-inCouncil 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.
Any such rules shall be laid before both Houses of Parliament as soon as may be after they are made and if an address is presented to His Majesty by either House of Parliament within the next thirty days on which that House has sat after the rules are laid before it praying that the rules or any of them may be annulled, His Majesty in Council may annul the rules or any of them and those rules shall thenceforth be void but without prejudice to the validity of anything previously done there-under.
The Public Service in India. The Public Services (See Rep. 323, 325, etc.) 24. (1) Subject to the provisions of the principal Act and of rules made thereunder, every person in the Civil Service of the Crown in India holds office during His Majesty's pleasure, and may be employed in any manner required by the proper authority within the scope of his duty but no person in that service may be dismissed by any authority subordinate to that by which he was appointed.
(2) The Secretary of State in Council may make rules for regulating the classification of the public 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-inCouncil, or to local Governments, or authorise the Indian legislature or local legislatures to make laws regulating the public services.
(3) The right to pensions and the scale and conditions of pensions 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 set out in the Second Schedule to this Act. The rules set out in that Schedule 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 affect the 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 the time of the passing of this Act whether made by the Secretary of State in Council under the principal Act or by any other authority, relating to the Civil Service of the Crown in India, were duly made in accordance with the powers in that behalf and are hereby confirmed; but any such rules or provision may be revoked, varied or added to by rules or laws made under this section and any rules or provisions confirmed by this sub-section which affect pensions shall have effect subject to the provisions of the Second Schedule to this Act.
25. (1) Notwithstanding anything in Section ninety-seven of the principal Act the Secretary
of State may make appointments to the Indian Civil Service of persons habitually resident in India in accordance with such rules as may be prescribed by the Secretary of State in Council with the concurrence of the majority of votes at a meeting of the Council of India. Any rules made under this section shall not have force until they have been laid for thirty days before both Houses of Parliament.
(2) The Indian Civil Service (Temporary Provisions) Act 1915 (which confers power during the war and for a period of two years thereafter to make appointment to the Indian Civil Service without examination) shall have effect as though "three years were substituted for "two years,” Public Service Commission. 26. (1) There shall be established in India a Public Service Commission, consisting of not more than five members, of whom shall be Chairman, appointed by the Secretary of State in Council. Each member shall hold office for five
years, and may be re-appointed. No member shall be removed before the expiry of his term of office, except by order of the Secretary of State in Council. The qualifications for appointment, and the pay and pension (if any) attaching to their office, shall be prescribed by rules made by the Secretary of State in Council.
(2) The Public Service Commission shall discharge, in regard to recruitment and control of the Public Services in India, such functions as may be assigned thereto by rules made by the Secretary of State in Council.
27. (1) An Auditor General in India shall be appointed by the Secretary of State in Council, and shall hold office during His Majesty's pleaThe Secretary of State shall, by rules make provision for his pay-duties and conditions of em. ployment by rules.
(2) Subject to any rules made by the Secre tary of State in Council no office may be added to or withdrawn from the Public Service, and the emoluments of no post may be varied except after consultation with such finance authority as may be designated in the rules, being an authority of the province or of the Government of India, according as the post is or is not under the control of a local Government.
Statutory Commission. (Rep. 264, 288.) 28. (1) At the expiration of ten years after the passing of this Act the Secretary of State shall submit for the approval of both Houses of
Parliament the names of persons to act as a Commission for the purposes of this section.
(2) The persons whose names are so submitted, subject to the approval of, and to any alterations made by Parliament, shall be a Commission for the purpose of enquiring into the working of the system of Government, the growth of education, and the development of representative institutions, in British India and the provinces thereof, and matters connected therewith, and the Commission shall report as to whether and to what extent it is desirable to extend or modify the degree of responsible government then existing in any province.
(3) The Commission shall also enquire into and report on any other matter affecting British India and the provinces, which may be referred to the Commission by the Secretary of State.
Modification of S. 124 of Principal Act.
29. Notwithstanding anything in Section one hundred and twenty-four of the principal Act, if any member of the Governor-General's Executive Council or any member of any local Government, was at the time of his appointment concerned or engaged in any trade or business, he may, during the term of his office, with the sanction in writing of the Governor-General, or in the case of Ministers, of the Governor of the province, and in any case subject to such general conditions and restrictions as the Governor-General in Council may prescribe, retain his concern or interest in that trade or business, but shall not, during that term, take part in the direction or management of that trade or business.
Power to make Rules.
30, Where any matter is required to be prescribed or regulated by rules under the principal Act, different rules may be made for different provinces, and where 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-Generalin-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. Any rules to which this section applies shall be laid before both Houses of Parliament as soon as may be after they are made and if an address is presented to His Majesty by either House of Parliament within the next thirty days on which that House has sat after the rules are laid before it praying that the rules or any of
them may be annulled, His Majesty in Council may annul the rules or any of them and those rules shall henceforth be void but without prejudice to the validity of anything previously done thereunder.
Amendments of Principal Act to carry Act into effect, etc.
31. The amendments set out in the Third Schedule to this Act, being amendments to carry out the provisions of this Act, and further amendments consequential on or arising out of those provisions, shall be made in the principal Act, and any question of interpretation shall be settled by reference to the principal Act as so amended.
Definition of Official.
32. In this Act the expressions "official" and "non-official," where used in relation to any person, mean respectively a person who is or is not in the civil or military service of the Crown in India: Provided that rules under the principal Act may provide for the holders of such offices as may be specified in the rules not being treated for the purposes of the principal Act or this Act, or any of them, as officials.
Short Title, Commencement, and Interpretation.
33. (1) This Act may be cited as the Government of India Act, 1919, and the principal Act, as amended by any Act for the time being in force, may be cited as the Government of India Act.
(2) This Act shall come into operation on such date or dates as the Governor General in Council, with the approval of the Secretary of State in Council, may appoint, and different dates may be appointed for different provisions of this Act, and for different parts of India.
INCE we wrote last month on the Afghan trouble, events of some magnitude have happened at the various fronts and in the internal politics of Afghanistan which have compelled the vain and infatuated Amir to revise his notions of the British power in India. To his great cost, he has now come to realise the immensity of the task undertaken and the futility of his comparatively feeble efforts to accomplish it. He has been making every attempt to bring the war to an end. It may be of some interest to our readers to follow the events that have wrought such a wonderful change in the young Amir,
On the dates appointed for the coming into operation of the provisions of this Act as respects any Executive or Legislative Council all the members of the Council then in office shall go out of office, but may, if otherwise qualified, be re-appointed, re nominated 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 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 enactment repealed by the principal Act, shall for all purposes be construed as references to the principal Act as amended by this Act, or to the corresponding provisions 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.
THE AFGHAN SITUATION
(5) If any difficulty arise as to the first establishment of the Indian legislature or any Legislative Council after the commencement of this Act or otherwise, in first giving effect to the provisions of this Act the Secretary of State in Council or the Governor-General in Council as occasion may require may by order do any matter or thing which appears to them necessary for the purpose of removing any such difficulty.
In view of the failure of his troops to accomplish anything tangible, the Amir made further overtures for the cessation of hostilities. This time Sardar Abdul Rahman Khan, who was till recently the Afghan envoy in India, was entrusted with the affair. As no credentials authorising his party to negotiate peace terms were produced, his mission was not so much heeded, and Abdul Rahman alone was permitted to return to his country. It was strongly suspected as merely a ruse employed by the enemy to gain time. But soon after the departure of Abdul Rahman, the other delegates that had come with him but were detained, produced a firman investing the party