The Govt Of India Act 1919 Rules Thereunder And Govt Reports 1920

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The Govt. of India Act

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Govt. Reports

1920

The Govt. of India Act 1 919

Rules Thereunder & Govt. Reports, 1920

EDITED BY

H. N. MITRA. MA, B.L.

Published by

N. N. M1TTER

ANNUAL REGISTER OFFICE

SIBPUR, CALCUTTA,

1921

FKIKTISD & FUBLIWHJiD BY N. N. MfiTER, AT THK <* BELA. 1'RESS "

93, Khetter Banerji Lane, Stitpw,

TABLE OF CONTENTS

PAGE

The Royal Proclamation on IndianReforms ... ix

The Royal Instruction to Governors ... •»• xiii

The Secretary of States' Powers re Transferred Subject* xvi The Government of India Act 1919

Arrangement of Sections ... ••• ••• 1

The Government of India Act, 1919 — Text

The Govt. of India Act, 1919— Text ... ,%... 3

Parti — Local Governments * » . ... ... 3

Part II — Government of India ••• — Iti

Part III— Sec. of State in Council ... ... 24

Part IV— Civil Services in India ... ... 27

Part V — Statutory Commission ... ••• 30

Part VI— General ... ... ... 30

Schedule I — Number of Members ••• ••• 33

Schedule II ... ... . ... ... 31

Report of the Financial Relations Committee ... ... 19

Rules under the Government of India Act, 1919

The Council of State and the Legislative Assembly ... 65

The Provincial Legislative Councils ... ... 77

Rules for the Legislative Assembly ... »•• 85

Rules for the Council of State ... ... 96

Constituencies for the Legislative Assembly • •• 108

Constituencies for the Council of State ... ... 110

The Devolution Rules ... ... ... 113

Schedule I— Central Subjects .•• ... 123

Provincial Subjects ... ... 125

Schedule II— Transferred Subjects ... ••• 130

( vi )

PAGE

Schedule III— ... - - 133

Schedule IV ---- ... ... ... 135

Transferred Subject* Rules ... — - 136(a)

Scheduled Taxes Rules ... ... ... 136(i)

Local Legislature Rules ... ••• — 136(c)

Reservation of Bills Rules - ...

The Esher Report.

Report of the Army in India Committee 1919 ... 137

The Despatch to the Secretary of State ••• •»» 137

The Preliminary Report— Part 1 — — HI

Part II to Part VIII of the Report ... -^ 149

Part I& — Conclusions ••• ••• . ••• 161

Minute of Dissent by Sir K. G. Gupta - ... 164

Minute of Dissent by Sir Umcr Hyat Khan ••• ••• 167

Recommendations of the Chemical Services Committee ••• 169

Sir P. C. Roy's Note of Dissent ... ... — 172

The Reformed Budget — Rearrangrment of Budget Heads for

Imperial and Provincial Finance ... — 177

Provincial Council Rules.

Rules for the Madras Legislative Council ... ... 185

Schedule I — List of Constituencies ••• ••• 194

Schedule II — Qualifications of Electors ... ... 195

Rules for the Bombay Legislative Council ••• ... 201

Schedule I — List of Constituencies »•• ... 204

Schedule II-— Qualification for Electors ... 206

Rules for the Bengal Legislative Council ... ••• 211

Schedule I — List of Constituencies ••• ... 213

Schedule II — Qualification of Electors ••« ... 216

Rules for the U. P. Legislative Council ••• ••• 220

Schedule I — List of Constituencies ••« , ••• 221

Schedule II— Qualification for Elector* ... „. 223

( vii )

PAGE

Rules for the Punjab Legislative Council ... ... 227

Schedule I — List of Constituencies ••• ... 228

Schedule II — Qualification of Electors ... ••• 230

Rules for the Behar arid Orissa Legislative Council ... 236

Schedule I — List of Constituencies ... ... 237

Schedule II — Qualification of Electors ... ... 239

Rules for the C. P. Legislative Council ... ... 245

Schedule I — List of Constituencies ... ... 21f>

Schedule II — Qualification of Electors ••• ... 24S

Rules for the Assam Legislative Council ••• •*• 253

Schedule I — List of Constituencies • •. ... 264

Schedule II — Qualification of Electors ••• ... 250

The Royal Proclamation

On The Reforms Act 1919

GEORGE, THE FIFTH by the Grace of God of the United Kingdom of Great Britain and Ireland and of the Dominions beyond the seas, King, Defender of the Faith, Emperor of India.

TO MY VICEROY AND GOVERNOR-GENERAL, TO THE PRINCES OF INDIAN STATES AND TO ALL MY SUBJECTS IN INDIA OF WHATSOEVER

RACE OR CREED, GREETING -

1. Another epoch has been reached to-day in the Council of India. I have given my Royal Assent to an Act which will take its place among the great historic measures passed hy the Parliament of this Realm for the Government of India and the greater content- ment of her people. The Act of seventeen hundred and seventy- three and seventeen hundred arid eighty-four were designed to establish a regular system of administration and justice under the Honourable East India Company. The Act of eighteen hundred and thirty three opened fche door for Indians lo public office and employment. The Act of eighteen hundred and fifty-eight transterred the administration from the Company to the Crown and laid the foundations of public life which exist in India to-day. The Act of eighteen hundred and sixty-one sowed the seed of representative institutions and the seed was quickened into life by the Act of nineteen hundred and nine. The Act which has now become law entrusts elected representatives of the people with a definite share in Government and points the way to full representa- tive Government hereafter. If, as I confidently hope, the policy which the act inaugurates should achieve its purpose, the results will be momentous in the story of human progress ; and it is timely and fitting that 1 should invite you to-day to consider the past and to join me in my hopes of the future.

2. Ever since the welfare of India was confided to us, it has been held as a sacred trust by our Royal House and Line. In

ii THE ROYAL PROCLAMATION

eighteen hundred and fifty-eight, QUEEN VICTORIA of revered memory solemnly declared herself bound to her Indian subjects by the same obligations of duty as to all her other subjects ; and she assured them religious freedom and the equal and impartial protection of law. In his message to the Indian people in nineteen hundred and three my dear father KING EDWARD the Seventh announced his determination to maintain unimpaired the same principles of humane and equitable administration. Again, in his proclamation of nineteen hundred and eight, he renewed the assurances which had been given fifty years before and surveyed the progress which they had inspired. On my accession to the throne iu nineteen hundred and ten, I sent a message to the Princes and peoples of India asknowledging their loyalty and homage and promis- ing that the prosperity and happiness of India should always be to me of the highest interest and concern. In the following year I visited India with the Queen Empress and testified my sympathy for her people and my desire for their well-being.

3. While these are the sentiments of affection and devotion by which I and my predecessors have been animated, the Parliament and the People of this Realm and my officer;, in India have been equally zealous for the moral and material advancement of India. We have endeavoured to give to her people the many blessings which Providence has bestowed upon ourselves. But there is one gift which yet remains and without which the progress of a country cannot be consummated : the right of hor people to direct her affairs and to safeguard her interests. The defence of India against foreign aggression is a duty of common Imperial interest and prido. The contiol of her domestic concerns is a burden which India may legitimately aspire to taking upon her own shoulders. The burden is too heavy to be borne in full until time and ex- perience have brought the necessary strength ; but opportunity will now bo given for experience to grow and for responsiblity to increase with the capacity for its fulfilment.

4. I have watched with understanding and sympathy the growing desire of my Indian people for representative institutions. Starting from small beginning this ambition has steadily strength- ened its hold upon the intelligence of the country. It has pur- sued its course along constitutional channels with sincerity and cour age. It has survived the discredit which at times and in places law- less men sought to cast upon it by acts of violence committed under the guise of patriotism. It has been stirred to more vigorous life by the ideals for which the British Commonwealth fought in the Great War, and it claims support in the part which India has taken

ON INDIAN REFORMS iif

in our common struggles, anxieties and victories. In truth the desire after political responsibility has its source at the roots of the British connection with India. It has sprung inevitably from the deeper and wider studies of human thought and history, which that connection has opened to the Indian people. Without it the work of the British in India would have been incomplete. It was therefore with a wise judgment that the beginning of representative institutions were laid many years ago. This scope has been extended stage by stage until there now lies before us a definite step on the road to responsible Government.

5. With the same sympathy and with redoubled interest I shall watch the progress along this road. The path will not be easy and in marching towards the goal there will be need of perseverance and of mutual forbearance between all sections and races of my people in India. I am confident that those high qualities will be forthcoming. I rely on the new popular assemblies to interpret wisely the wishes of those whom they represent and not to forget the interests of the masses who cannot yet be admitted to the franchise. I rely on the Leaders of the people, the ministers ' of the future, to face responsibility and endure to sacrifice much for the common interest of the State, remembering that true partiotism transcends party and communal boundaries ; and while retaining the confidence of the legislatures, to co-operate with my oificers for the common good in sinking unessential differences and in maintaining the essential standards of a just and generous Government. Equally do I rely on my officers to respect their new colleagues and to work with them in harmony and kindliness ; to assist the people and their representatives in an orderly advanoo towards free institutions : and to find in these new tasks a fresh opportunity to fulfil as in tho past their highest purpose of faithful service to my people,

6. It is my earnest desire at this time that so far possible any trace ot bitterness between n$ people and those who are res- ponsible for my Government should be obliterated. Let those who in their eagerness for political progress have broken the law in tho past respect it in future. Let it become possible for those who are charged with the maintenance of peaceful and orderly Gcvern- ment to forget extravagances they have have had to curb. A new era is opening. Let it begin with a common determination among my people and my officers to work together for a common purpose. Therefore I direct my Viceroy to exercise in my name and on my behalf my Royal Clemency to political offenders in the fullest measure" which in his judgment is compatible with public safety.

iv THE jROVAL PROCLAMATION

I desire him to extend it on this condition to persons who for offences against the State or under any special or emergency legisla- tion aie suftoring from imprisonment or restrictions upon their liberty. I trust that this leniency will be justified by the future conduct of those whom it benefits and that all my subjects will so demean themselves as to render it unnecessary to enforce the laws for such offences hereafter.

7. Simultaneously with the new constitution in British India, 1 havo gladly assented to the establishment of a Chamber of Princes. I trust that its counsels may be fruitful of lasting good to the Princes arid States themselves, may advance the interests which are common to their territories and British India, and may be to the advantage of the Empire as a whole. I take the occasion again to assure the Princes of India of my determination ever to maintain unimpaired their privileges, rights and dignities.

8. It is my intention to send my dear son, the Prince of Wales, to India by next winter to inaugurate on my behalf the new Chamber of Princes and the new constitution in British fndia. May he find mutual goodwill and confidence prevailing among those on whom will rest the future service of the country, so that success may crown their labours and progress and enlightenment attend their administration. And with all my people I pray to Almighty God that by His wisdom and under His guidance India may be led to greater prosperity and contentment and may grow to the fullness of political freedom.

])cc<smbcr tke Twenty- third, Kinetecn-hundrcd and Nineteen.

Royal Instruction

To Provincial Governors

The following are the terms of the instruction issued under the Royal Sign Manual to the Governor or Acting Governor for the time being of each Governor of a Province,

December V3W GKORGK, R. I.

" Whereas by the Government of India Act provision has been made for the gradual development of Self-Governing institutions in British India with a view to the progressive realisation of responsible Government in that country as an integral part of our Empire,

" And Whereas it is our will arid pleasure that in the execution of

the office of Governor in and over the Presidency of

you shall further the purposes of the said Act to the end that the institutions and methods of Government therein provided shall be laid upon the best and surest foundations, that the people of the said Presidency shall acquire such habits of political action and respect such conventions as will best and soonest fit them for self-Govern- ment, and that our authority of our Governor-General-in-Council shall be duly maintained —

" Now, therefore, we do hereby direct and enjoin you and declare our will and pleasure to be as follows :

1. You shall do all that lies in your power to maintain the standards of good administration, to encourage religious toleration, co-operation and good-will among all classes and creeds, to ensure the provity of public finance and the solvency of the Presidency Province and to promote all measures making for the moral, social and industrial welfare of the people and tending to fit all classes of the population, without distinction, to take their due share in the public life and Government of the country.

2. You shall bear in mind that it is necessary and expedient that those now and beieafter to be enfranchised shall appreciate the duties, responbibilitieb and advantages which spring from the privi-

vi ROYAL INSTRUCTION

lege of enfranchisement, that- is to say, that those who exercise the power henceforward entrusted (o them of returning representatives to the Legislative Council being enabled to perceive the effect of their choice of a representative, and that those who are returned to the Council being enabled to perceive the effect of their votes given therein, shall come to look for the redress of their grievances and the improvement of their condition to the working of representative institutions.

3. In as much as certain matters have been reserved for the ad- ministration according to law of the Governor-in-Couneil, in respect of which the authority of pur Governor-General-in-Council shall remain unimpaired, while certain other matters have been transferred to the administration of the Governor acting with a Minister, it will be for you so to regulate the business of the Government of the Presidency Province, so far as possible, that the responsibility for each of these respective classes of matters may be kept clear and distinct. Never- theless, you shall encourage the habit of joint deliberation between yourself, your Councillors and your Ministers, in order that the experience of your official advisers may be at tho disposal of your Ministers and that the knowledge of your Ministers as to the wishes of the people may be at the disposal of your Councillors.

4. You shall assist the Ministers by all the means in your power in the administration of the transferred subjects and advise them in regard to their relations with the Legislative Council.

5. In considering a Minister's advice and deciding \vhether or riot there is sufficient cause in any case to dissent from his opinion, you shall have due regard to his relations with the Legislative Council and to the wishes of the people of the Presidency Province as expressed by their representatives therein.

6. But, in addition to the general responsibilities with which you are, whether by statute or under this instrument, charged, we do further hereby specially require and charge you. —

(1) To see that whatsoever measures are, in your opinion,

necessary for maintaining safety and tranquillity in all parts of your Presidency Province and for preventing occasions of religious or racial conflict, are duly taken and that all orders issued by our Secretary of State or by our Governor-General-in-Council on our behalf to whatever mattors relating are duly complied with.

(2) To take care that due provision shall bo made for the

advancement and social welfare of those classes amongst the people committed to your charge, who, whether on

fO PROVINCIAL GOVERNORS vii

account of the smallness of their number, or their lack of educational or material advantages, or from any other cause, specially rely upon our protection and cannot as yet fully rely for their welfare upon joint political action, and that such classed shall not suffer or have cause to fear neglect or oppression.

(3) To see that no order of your Government and no Act of

your Legislative Council shall be so formed that any of the diverse interests of, or arising from, race, religion, education, social condition, wealth or any other circums- tances may receive unfair advantage, or may unfairly be deprived of privileges or advantages which they have heretofore enjoyed, or be excluded from the enjoyment of benefits which may hereafter bo conferred on the people at large.

(4) To safegaurd all members of our services employed in

the said Presidency Provinces in the legitimate exercise of their functions and in the enjoyment of all recognised rights and privileges, and to see that your Government order all things justly and reasonably in their regard and that due obedience is paid to all just and reasonable orders, and diligence shown in their execution.

(H) To take care that while the people inhabiting the said Presidency shall enjoy all facilities for the province, in the development of oommorical and industrial under- taking : no monopoly or special privilege, which is against the commercial interest, shall be established, and no unfair discrimination shall be made in matters affecting commercial or industrial interests,

7. And \vo do hereby charge you to communicate these our instructions to the members of your Executive Council and your Ministers and to publish the same in your Presidency in such mariner as you may think fit.

Secretary of State's Powers

The powers of superintendence, direction and control vested in the Secretary of State and the Secretary of State in Council under the Act or otherwise shall, in relation to the transferred subjects, be exercised only for the following purposes, namely-

(1) to safeguard the administration of central subjects ;

(2) to decide questions arising between two provinces in cases where the provinces concerned fail to arrive at an agreement ;

(3) to safeguard imperial subjects ;

(4) to determine the position of the Government of India in respect to questions arising between the Indian and other parts of the British Empire ; and

(6) to safeguard the due exercise and performance of any powers and duties possessed by or imposed on the Secre-. tary of State or the Secretary of State-in-Council under or in connection with or for the purposes of the following provisions of the Act, namely, Section 29 A, Section 30 (A) part 7- A, or of any rules made by or with the sanction of the Secretary of State in Council.

Royal Instruction

To the Governor-General of India

The following revised Instrument of Instructions to H. E. the Governor General of India was issued under the Royal Sign Manual. These instructions were given to H. E. the Governor-General at Buckingham Palace on the 15th of March 1921.

"Whereas by the Government of India Act it is enacted that the Governor General of India is appointed by Warrant under Our Royal Sign Manual and we have by Warrant constituted and appoint- ed a Governor General to exercise the said Office subject to such instructions and directions as Our Governor-General for the time being shall from time to time receive or have received under Our Royal Sign Manual or uuder the hand of one of Our Principal Secretaries of State

"And Whereas certain instructions wore issued under Our Royal Sign Manual to our said Governor- General bearing the date of the, nineteenth day of November 1918 and whereas by the coming into operation of the Government of India Act of 1919, it has become necessary to revoke the instructions and to make further and other provisions in their stead

"Now, therefore, we do, by those our instructions, under Our Royal Sign Manual, hereby revoke the aforesaid instructions and declare Our pleasure to be as follows : —

(l) Our Governor-General for the time being (hereinafter called our said Governor-General) shall, with all due solemnity, cause Our Warrant under Our Royal Sign Manual appointing him to be read and published in the presence of the Chief Justice for the time being or in his absence of the senior Judge of one of the High Courts established in British^ India arid of so many of the Members of the Executive Council of Our said Governor-General as may convenient- ly be assembled, Our said Governor-General shall take the Oath of Allegiance and the Oath for the due execution of the office of our Governor-General of India and for the due and impartial adminis- tration of Justice in the forms hereto appended, which Oaths the

x ROYAL INSTRUCTION

said Chiof Justice for the time being or in his absence the Senior Justice of our said High Courts shall, and he is hereby required to, tender and administer unto him.

(2) And we do authorise and require our said Governor- General, from time to time by himself or by any other person to be authorised by him in that behalf, to administer to every persons who shall be appointed by Us by Warrant under Our Royal Sign Manual to be a Governor of one of Our Presidencies Of Provinces in India and to every person who shall be appointed to be a Lieu- tenant Governor or a Chief Commissioner, tho Oaths and Allegiance of Office in the said forms, and we do authorise and require Our said Governor-General, from time to time by himself or by any other person to be authorised by him in that behalf, to administer to every person who shall be appointed by Us by Warrant under Our Royal Sign Manual or by the Secretary of State in the Council of India to be a Member of the Governor-General's Executive Council or a Member of a Governor's Executive Council, and to every person who shall be appointed to be a Member of a Lieutenant Governor's Executive Council and to every person whom any of our said Governors shall appoint to be a minister, the Oaths and Allegiance of office in the said forms together with the Oath of secrecy hereto appended.

(3) And, We do further direct that every person who under these instructions, shall bo required to take an Oath may make an Affirmation in place of the Oath, if ho lias any objection to taking an Oath.

(4) And, We do hereby authorise and empower our said Gover- nor General in Our name and on Our behalf to grant, to any offen- ders convicted in the exorcise of its Criminal Jurisdiction by any Court of Justice within Our said territories, a pardon either free or subject to such lawful conditions as to him may seem fit.

(5) And, in as much as tho policy of Our Parliament is set forth in the preamble to the said Government of India Act of 1919, we do horeby require Our said Governor-General to be vigilant that that policy is constantly furthered alike by his Government and as well by the Governments of all Our Presidencies and Provinces.

(6) In particular, it is Our will and pleasure that the powers of superintendence, direction and control over the said local Govern- ment vested in Our said Governor-General and in our Governor General in Council shall, unless grave reason to the contrary appears, be exercised with a view to furthering the policy of the Local Governments of all Our Governors' Provinces when such policy findi

TO THE GOVERNOR-GENERAL OF INDIA xi

favour with a majority of the members of the Legislative Council oj the Province.

(7) Similarly, it is Our will and pleasure that Our said Gover- nor General shall use all endeavour, consistent with the fulfilment of his responsibilities to Us and to Our Parliament, for the welfare of Our Indian subjects, that the administration of the matters committed to the direct charge of Our Governor-General in Council may be conducted in harmony with the wishes of Our said subjects as express- ed by their representatives in the Indian Legislature so far as the same shall appear to him to be just and reasonable.

(8) For, above all things, it is Our will and pleasure that the plans laid by our Parliament for the progressive realisation of Res- ponsible Government in British India as an integral part of Our Empire may come to fruition to the end that British India may attain its due place among Our Dominions. Therefore, we now charge our said Governor General, by the means aforesaid and by all other means which may to him seem fit, to guide the course of Our subjects in India whose governance We have committed to his charge, so that, subject on the one hand always to the determination of Our Parliament arid on the other hand to the co-operation of those on whom new opportunities of service have been conferred, progress towards such realisation may ever advance to the benefit of all Our subjects in India.

And, We do hereby charge our said Governor-General to com- municate these our instructions to the Members of His Executive Council and to publish the same in such manner as he may think fit."

The

Government of IndiaAct 1919 9 & 10 Geo/5, Ch. 101.

ARRANGEMENT OF SECTIONS. PAET I.

LOCAL GOVERNMENTS. SECTION.

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.

G. Business of Governor in council and Governor with Ministers.

7. Composition of Governors' Legislative councils.

8. Sessions and duration of Governors' Legislative councils. 0. ^Presidents of Governors' Legislative councils.

10. '"Powers of local Legislatures.

1 1. 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.

2 GOVERNMENT OF INDIA ACT 191$

SECTION,

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.

SKCRKTARy 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. 3S. 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™?™? °A£ fllldia ("-"9

Act, 1916 (which Act, as so amended, is in' this Act referred to as "the Principal Act")—

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 convenient, 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. Provide for fixing the contributions payable by local govern- 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 province, and regulating the functions of that department ;

it'. Provides ior regulating thf3 exercise of the authority vested in the local government of a province o\er members of the public services tlfcrein ;'

i'. 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

•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 ro vocation 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) 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."

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 JKS the United Provinces, the

prev.nccs Pui'jab, Bihar and Orissa, the Central

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

6 GOVERNMENT OF IN 1)1 A 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 may require 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 n on- 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 Principal 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 Majesty's Forces iu India, if resident at Calcutta, Madras, or Bombay, shall, 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 . of a Governor's province shall be expressed to

<£££?.£ be r^ tbe «ovornmoiit of the provi"ce>

Ministers. M(t shall be authenticated as the Governor

may by rule direct, so, howovpr, that provision shall be made by rule for distinguishing orders and other proceedings relating to transferred subjects from other orders arid proceedings.

Orders and proceedings authenticated as aforesaid shall not be called into question in any legal proceeding on the ground that they were not duly made by the government of the province.

(2) The Governor may make rules and orders 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 arid 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 :

Provided that any rules or order made for the purposes specified in this section which are repugnant to the provisions of any rules made under the Principal Act as amended by this Act shall, to the extent of that repugnancy, but not otherwise, be void.

Sec. 7. (/) There shall be a Legislative council in every Govcr-

~ , ~ , nor's province, which shall consist of the

uSlSSve SnST * ™mbers of the Executive council and of the

members nominated or elected as provided

by this Act.

The Governor shall not be a member of the Legislative council, but shall have the right of addressing the council, and may for that purpose require the attendance of its members.

(2) The number of members of the Governors' Legislative councils shall be in accordance with the table set out in the First Schedule to this Act ; and of the members of each Council not more

ft 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, resignation duly accepted, or otherwise ; and

I. the conditions under which and manner in which persons may be nominated as members of Governors' Legislative councils ; arid

c. the qualification of electors, the constitution of constitu-

encies, and the method of election for Governors' Legislative councils, 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 and for being nominated or

elected a member of any such Council ; 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 :

GOVERNMENT OF INDIA ACT 1919 9

Provided that rules as to any such matters as aforesaid may 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. the Council may be sooner dissolved by the Governor ; 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

Presidents of Governors' council who shall, until the expiration of

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.

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,

Powers of local legislatures. sulfcj to ,the Provisions of this Act, to

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 provision by rules made under the Principal Act ; 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 affect any such tax or duty ; or

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

Princes or States ; or e. regulating any Central subject ; 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- ture without previous sanction ; 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 sh»ll bo submitted

12 GOVERNMENT OF INDIA ACT 1919

to the vote of the Council in the form of demands for grants. The 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 grants or by the omission or reduction of any of the items of expen- 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 to, 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 his responsibility for the subject ; 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

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.

Sec. 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

14 GOVERNMENT OF INDIA ACT JO id

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 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 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, that he reserves the Act for the signification of His Majesty's pleasure 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 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. 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 Council by the Governor,

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 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 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 thereupon the Act shall have such foice and affect as aforesaid, subject however to disallowance by His Majesty in Council.

(3) An Act made under this section shall, as soon as practicable after being made, bo laid before each House of Parliament, and an Act which is roqnirod to bo presented for His Majesty's assent shall not be so presented until copies thereof have been laid before each House- of Parliament for not less than eight days on which that House has sat.

Sec. 14. An official shall not be qualified for election as a mem-

w . .,t ber of a local Legislative Council, and if any

Vacation of seats in local &• - i i r i i T • i *•

Legislative Councils. non-ofhcial member of a local Legislative Council, 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, and a person shall not bo doemed to accept office on appointment as a Minister.

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 as to backward tracts. affected 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 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 legislature shall consist of the Govemor-

General and two Chambers, namely the Council of State and the Legislative Assembly.

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 addressing 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 Legislative Assembly. nominated or elected in accordance with rules made under the Principal Act.

(2) The total number of members of the Legislative Assembly 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 w ... Assembly, who shall, until the expiration

81 ™ of four years from t.he first meetin£ there' 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

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 hold office if they ceaso to be members of the Assembly. They may resign office by writing under their hands addressed to the Qpvernor- Gonoral and may bo removed from office by a vote of the Assembly 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. Legislative Assembly for three years, from

its first meeting : Provided that —

«. either Chamber of the Legislature may bo sooner dissolved

by the 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 dissolution for the 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.

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

Membersh^of both cham- 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.

(4) Every member of the Governor-General^ Executive Council shall be nominated as a member of one Chamber of the Indian Legislature, and shall have the right of attending in and addressing the other Chamber, but shall not bo a member of both Chambers.

Supplimentray provisions Sec. 23. (l) Subject to tho provi-

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 persons may 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

20 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

Business and proceedings Principal Act (which relate to the classes

in Indian Legislature. 0* 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 President and the Deputy-President ; aud 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 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*

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 Indian budget °* ^° Governor-General in Council shall

be laid in the form of a statement beforo 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

under any law ; 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,

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 appropriation 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 by the Legislative Assembly is essential to the discharge of his responsibilities, act as if it had been assented to, notwithstanding withholding of such assent or the reduction of the amount therein referred to, by the Legislative Assembly. „

(#) Notwithstanding anything in this section the Governor- General shall have power, in cases of emergency, to authorise such expenditure as may in his opinion, be necessary for the safety or tranquillity of British India or any part thereof.

Sec. 26. (l) Whore either Chamber of the Indian Legislature refuses leave to introduce or fails to pass

Provision for case of failure -n ft form recomm0IJdod by the Governor- to pass Legislation. 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- 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- General, 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- Supplemental provisions section sixty-seven of tho Principal Act, as to powers of Indian as requiring tho previous sanction of the Legislature. Governor-General, it shall not be lawful

without such previous sanction to introduce at any meeting of either Chamber of tho Indian Legislature any measure. —

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. lopoaling or amending any Act of a local Legislature ;

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.

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 ™mber 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 . appoint, from among the members of

Appointment ^Council 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 Legislative Assembly.

PART III. SECRETARY OF STATE IN COUNCIL.

Sec. 30. The salary of the Secretary of State, the salaries of his

Payment of salary of Secre- undersecretaries, and any other expenses

tary of State, etc., out of of hie department may, notwithstanding

moneys provided by anything in the Principal Act, instead of

Parliament. ^jng ^ ^ Qf the revenueg of jndift)

be paitl out of moneys provided by Parliament, and the salary of the Secretary of State shall be so paid.

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 *jHie_ -half "were substituted for "nine" and "India" were suDsfituted for "British India."

(3) In sub-section (4) "fix# ;j$A£s " 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 of 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 pounds : provided that any member of the CounciP whtT'^was at the time of his appointment domiciled in India shall receive, in addition to the salary hereby provided, an annual subsistence allowance of. six hundred pounds.

Such salaries and allowances may be paid out of the revenues of India or out of moneys provided by Parliament/'

(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,

26 GOVERNMENT OF INDIA ACT 1919

Sec. 32. (l) The provision in section six of tho Principal Act

which prescribes tho quorum for meetings

Further provUions a* to of the Council of ]rdia shal] cease to have

Council or India. n? , j J.-L o j. r en. j. 1.11

effect, and the Secretary of State shall

provide for a quorum by directions to be issued in this behalf.

(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 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 than JransfejTejd^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 approved, 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.

GOVERNMENT OF*1NDIA ACT 10JO 27

Sec. 34. So much of section five of the Principal Act as relates to Correspondence between orders and communications sent to India Secretary of State and from the United Kingdom and to orders India- 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

the appointment of a High Commissioner

High Commissioner for 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 1*7 -~A to \r:^ „ 19 the rights to which any person may, or

o I anu o o v ici». c«i£. . , , • , i •> i .1

may have, become entitled under 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 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 , of the Principal Act the Secretary of State

Appointment. tothc Indian 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,

GOVERNMENT OF INDIA ACT 1919 2&

Any 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

5 and 6 Geo 5 c 87 (which confers power during the war and

for a period of two years thereafter to

make appointments to the Indian Civil Service without examination), shall have effect as though "three years" were substituted for " two years."

Sec. 38. (J) There shall be established in India a public service 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 appointed

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 Rules under Part IV. made except with the concurrence of the majority of votes at a meeting of the, Council of India.

30 GOVERNMENT OF IN VI A 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 twenty- four of the Principal Act, if any

Modificabon^ofs.^124 of 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

. t D . under the Principal Act is required to be

Signification of Koyai signified through the Secretary of State

in Council, shall as from the passing of this Act be signified by His Majesty in Council.

GOVERNMENT OF INDIA ACT 1919 31

Sec. 44. (7) Where any matter is required to be prescribed

Power to make rules. °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 Houses agree, but, upon such approval being given, the rules may be made in the form in which they have been approved, and such rules on being so made shall be of full force and effect, and shall not require to 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-

lE'SKS, r^ toincorPpOTate th,° P^iBions of this etc Act in the Principal Act, and further

amendments consequential on or arising out of those provisions, shall be made in the Principal Act, and any question of interpretation shall be settled by reference to the 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 by this section and the Second Schedule to this Act, shall be prepared and certified by the Clerk of the Parliaments, and deposited with the Rolls of Parliament, and His Majesty's printer shall print, in accordance with the copy so certified, all copies of the Government of India Act, 1915, which are printed after the passing of this Act, 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

Short title, commence- Iridia Ac1t» ™19> a"<* <ihe Principal Act,

ment, interpretation, as amended by any Act for the time being

and transitory in force, may be cited as the Government

provisions. 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

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.

legislative Council. Number of Members.

Madras 118

Bombay ....... Ill

Bengal 125

United Provinces ...... 118

Punjab ....... 83

Bihar and Orissa 98

Central Provinces ...... 70

Assam ...... 53

* 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.

- Place and Method of

»uv;i>ijiui<»i ion ni the Priii- Modifications.

A(<1> cipal Act.

Sec. 1 . To be inserted as a now "this Act" to bo substituted for

section (45A) afters, "the Government of India Act,

45. 1S)15. . . "principal

Act)," for "the principal Act,"

and for "that Act."

Sec. 3 (1) To bo substituted for

s. 46 (1).

Sec. 4 . To be substituted for "this Act" to be substituted for s. 52. "the principal Act."

Sec. 0 . To be substituted for "any other rules made under this s. 49. Act" to be substituted for "any

rules made under the principal Act as amended by this Act."

Sec. 7,8,9 . To be inserted as new "this Act" to be substituted for sections (72A, 72r,, "the principal Act." and 72c), after s. 72.

Sec. 10 . To be inserted as a new "this Act" to be substituted for, section (80A) after s. "the principal Act," "the NO. commencement of the Govern-

ment of India Act, 1919," to be substituted for "the commence- ment of this Act" and "such first mentioned Act" to be sub- stituted for "that Act" in sub- section (3). f Segtiou o4f

GOVERNMENT INDIA ACT 101!) 35

., . , Place and Method of

I rovibiou 01 Iricorporation in thu Priii Modifications.

Acu cipal Act.

Sec. 11 . To be inserted as a new The following sub-section to be section (7 2n) afters, substituted for subsection (1) : — 72c.

"(l) The provisions contained in this section shall have effect with respect to business and procedure in Governors' legi- slative councils."

"this Act" to bo substituted for "the principal Act."

Sec. 12 . To be inserted as a new "this Act" to bo substituted for section (81 A) afters, "the principal Act." 81.

Sec. 13 . To be inserted as a new

section (72 K) after s. 72o.

Sec. 14 . To be inserted as a new The following now section to bo section (80B) after s. inserted at the end thereof : — 80A.

'*80c, It shall not bo lawful for any member of any local legislative council to intro- duce, without tho previous sanction of tho Governor, Lieut-Governor or Chief Commissioner, any measure affecting tho public revenues of a province or imposing any charge on those

Sec. 15 To be inserted as a new "this Act" to bo substituted for section (52A) after s. "the principal Act or this Act" 52. and for the principal Act and

this Act. .

36

SCHEDULE NO, 1

Provision of Act.

Place and Method of Incorporation in the Prin- cipal Act.

Modifications.

Sec. 16 (l) To bo inserted as a now "the Government of India Act,

and (3).

section (52p.) after s. 52A.

to be substituted for "this Act/' where those words first occur, and "that Act" to be substituted for "this Act," where those words secondly occur, and "that Act or this Act" to bo substituted for "this Act," where those words thirdly occur.

Sec. 16 (2).To bo inserted as a now "Nothing in the Government of sub sec. (2) of s. 81. India Act, 1919, or this Act" to bo substituted for "Nothing in this Act" and "this Act" to be substituted elsewhere for "the principal Act."

Sec. 17-23 To be inserted as new "this Act" to be substituted for inclusive, sections in lieu of ss. "the principal Act," 63 and 64, and num- bered 63, 63 A, 63u, 63c, 63D, 63K,aud 64.

Sec. 24 (2).To be inserted as sub- "this Act" to bo substituted for section (l) of section "the principal Act." 67 in lieu of the exist- ing sub-section (l)

Sec. 2 I To bo inserted as sub- "this Act" to be substituted for (3)-(7). sections (3)-(7) of sec- "the principal Act.1' tion 67 in lieu of the existing sub-scction(3)

Sec. 25 andTo bo inserted as now

26 sections (67 A and 67b)

after s. 67.

Sec. 29. , To be inserted as a new section (43A) after s, 43,

GOVEHNMENT OF INDIA ACT 10 10 37

T, . c Place and Method of 1-rovih.on of .ncorilorat.;iou ln .....

Principal Act.

. Incorporation in the Modifications.

Sec. 33. . To bo inserted as a new "this Act" to be substituted for

section (19A) after s. "the principal Act" and "the

19. Government of IndiatAct,1919,"

to be substituted for "this Act,"

Sec. 34 . To be inserted as new For the words from the beginning section (11) in lieu of of the section down to and in- soctions 1 to 14 iuclu- eluding the words "effect and" sive. there shall bo substituted the

words "Subject to the provisions

of the act."

Sec. 35 . To be inseited as a new "this Act" to be substituted for section (29 A) after s. "the principal Act." •29.

Sec. 3(>,3S, To be inserted as new "this Act" to be substituted for

39, and 10 sections (96p,,96c,96D, "the principal Act," and "the

and 96E) after section Government of India Act,1919."

96A. constituting a to bo substituted for "this Act."

now Part (VIlA.)after except in section 40. Part VII.

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 made under this sub-section" to bo substituted for "any rules made under this section/7

Sec. 41 . To be inserted as si now "The Government of India Act, section (MA) after s. 1919" to be substituted for 84, constituting a now 'this Act." Part (VU) after Part VI.

Sec. 42 . To be inserted as a "Provided that notwithstanding proviso to s. 1 2 1. anything in this Act" to bo

substituted for "Notwithstand- ing anything in section one hundred and twenty-four of the principal Act."

3x SCHEDULE NO. 1

p . . f Place and Method of

iroviMon ot jucorporatiou in the Priu- Modification*.

Act' cipal Act.

Sec. 44 . 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-"

Sec. 46 . 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

this Act."

First To be inserted in lieu

Schedule, of Schedule I,

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.

Table.

Section

of Amendment.

Act.

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 under-socretaries and any other expenses of his department may be paid out of tho revenues of India or out of moneys provided by Parliament."

GOVERNMENT OF INDIA ACT 1919 39

Section

of Amendment,

Act.

3(1) "eight" shall be substituted for "ten," and " twelve '<

shall be substituted for " fourteen," and the following

words shall be inserted at the end of the sub-section : —

" Provided that the Council as constituted at the time

of the passing of the Government of India Act, 1919,

shall not be affected by this provision, but no fresh

appointment or re-appointment thereto shall be made

in excess of 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 any person 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."

40 SCHEDULE KO. 1

Section

of Amendment.

Act

5 The words of this section from an^ including the words

"but every order " to the end of the section shall be omitted.

6 For " not loss than five members are present " there shall

be substituted " such number of members are present as may bo prescribed by general directions of the Sec- retary of State." 8 For '* week " there shall bo substituted " month."

10 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."

19 The words of this section from the beginning down to and including " Provided that " shall be omitted.

20(2)(eO After "under this Act " there shall bo inserted " except so far as is otherwise provided under this Act."

21 At the beginning of this section there shall be inserted " subject to the provisions of this Act and rules made thereunder."

27(9) After "revenues of India" there shall be inserted " or out of moneys provided by Parliament."

29 In sub-section (1) at the beginning there shall be inserted

the words : —

"Subject to the provisions of this Act regarding the 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 behalf and in the name of the Secretary of State in Council raise money on the security of revenues allocated to it under this Act, and make proper assurances for that purpose, and rules made under this Act may provide for the* conditions under which this power shall be exercisable."

GOVERNMENT OF INDIA ACT im 41

Section

of Amendment.

Act.

In sub-section (2) " sub-section (l) of this section " shall be substituted for this " section."

31 "Indian legislature" shall bo substituted for "Governor

General in- Legislative Council."

33 At the beginning of the section there shall bo inserted " Subject to the provisions of this Act and rules made thereunder."

35 This section shall be omitted.

37 "ordinary " in sub-sections (1) and (2) shall be omitted.

In snb-section (2) for the words irom and including " five or " to the end of the sub-section there shall bo subs- tituted "such as His Majesty thinks fit to appoint."

In sub-section (3) " at the time of their 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 " person appointed as ordinary mem- 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

shall be inserted : —

" (5) Provision may be made by rules under this Act 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."

37 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 "

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 SCHEDULE NO, 1

Section

of Amendment.

Act

40 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,"

42 For "ordinary member" there shall be substituted

"member (other than the Commandcr-in-Chief)."

45 At tho beginning of tho section there shall be inserted "Subject to the provisions of this Act and rules made thereunder/'

40 The following sub-section shall bo substituted for sub-section

(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,

GOVEUNMENT OF 1N1>L1 ACT 1019 13

Section

of Amendment .

Act.

57 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 "

58 "Assam, the Central Provinces," shall bo omitted.

65 For "Governor-General in Legislative Council " there shall bo substituted "Indian Legislature."

67 "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 provincial subject, which has not been declared by rules under this Act to be subject to Legislation by the Indian Legislature ; or

(ii) repealing or amending any Act of a local 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- General may certify that '.the Bill, or any clause of 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 Legislative Council," and "whether he was or was not present in Council at the passing thereof" shall be omitted. "A Bill passed by both chambers of the Indian Legislature shall not become an Act" shall be substituted for "Au

U SCHEDULE NO. 1

Section

of Amendment.

Act.

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,

09 "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.

70 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

GOVERNMENT OF INDIA ACT 1'JlO 45

Section

of Amendment

Act

78 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 Legislative council of a Lieutenant-Govornor or a 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-Govornors and Chief Commissioners. No person shall be liable to any proceedings in any court by reason' of his speech or vote in those Councils or by reason of anything contained in any official report of the procee- dings of those Councils."

79 This section shall be omitted.

80 In sub-section (1) after "lo. al Legislative Council," there

shall be inserted "(other than a Governor's Legislative Council)."

Sub-section (2)shall be omitted.

In sub section (3) after "local Government" there shall 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 Amendment.

Act.

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 Chief-Commissioner, 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."

81 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,"

82 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.

83 This section shall bo omitted.

8-i "an Art of the Indian legislature" shall be substituted for "a law made by the Governor-General in Legislative

QOTERNMEXT OF IKfllj ACT 7,9/,0 47

Section

of Amendment.

Act.

Council" and "non-official members" shall bo substituted for "members not holding oilico under the Crown in India."

In paragraph (<•) "an Act of" shall bo substituted for "a law made -by."

SG 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)."

87 "ordinary" shall be omit t CM I and after "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- in-Chief)."

90 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)."

92 "a member," shall be substituted for "an ordinary member" and for "any ordinary member," and after "executive council of the Governor-General" there shall be inserted "(other than the Commander-in-chief)"

In sub-section (5)(«) "under this Act" all all bo omitted.

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* SCHEDULE XO. 2

Section

°f Amendment.

Act

124 In sub-section (4) after "Lieutenant-Governor" where it secondly occurs, there shall be inserted "or being a minister appointed under this Act,"

131 "Indian legislature" shall be substituted for "Governor- General in Legislative Council."

134(4)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 The following section shall be substituted for section 135: — "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 Act,

OOVEHNMENT OF INDIA ACT 1919

Amendment.

48(«)

Commander-in-Chief of His Majesty's forces in India.

Governor of the Punjab Bihar and- Orissa.

Governor of the Central Provinces.

Governor of Assam

Lieutenant-Governor

Member of the Governor-

Generars executive Council

(other than the Commander-

in-Chief).

Member of the executive Council of the Governor of Bengal, Madras, Bombay, and the United Provinces.

Member of the executive Council of the Governor of the Punjab arid Bihar and Orissa.

Member of the executive Council of the Governor of the Central Provinces.

Member of the executive Council of the Governor of Assam.

One hundred thousand rupees. One hundred thousand rupees. Seventy- two thousand rupees.

Sixty-six thousand rupees. One hundred thousand rupees. Kighty thousand rupees.

Sixty "four thousand rupees. Sixty thousand rupees.

Forty-eight thousand rupees. Forty-two thousand rupees.

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.

48(i) SCHEDULE NO, 3

Section

of Amendment.

Act.

among the members of the Indian Civil Service, then the office of deputy secretary or secretary 'in that department, as the case may be, need not be so filled. 2. Three offices of Accountants General.

J5. — Office* in the provinces which were known in the year 1801 a* "Regulation Province*."

The following offices, namely : —

1. Member of the Board of Revenue.

2. Financial Commissioner.

3. Commissioner of Revenue.

4. Commissioner of Customs.

5. Opium Agent.

fi. Secretary in every department except the Public Works or Marine Department.

7. Secretary to the Board of Revenue.

8. District or sessions judge.

9. Additional district or sessions judge.

10. District magistrate.

11. Collector of Revenue or Chief Revenue officer of a district.

Fifth "Indian legislature" shall be substituted in the heading Schedule for "Governor-General in Legislative Council."

PART III. Section

of How dealt with.

Act.

16 To be omitted.

42 "and signifies his intended absence to the Council" shall be

omitted.

45 ( 2 )To be omitted. 51 "and signifies his intended absence to the Council" and

"civil" shall be omitted.

NOTE. — In parts I and II of the Second Schedule to 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.

GOVERNMENT OF INDIA ACT 1M9 4S(c)

Section

of How dealt with,

Act.

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."

(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."

In sub-section (2) (i) "the Air Force Act" shall be inserted after "the Army Act."

07 "naval, or air" shall be substituted for "or naval." 73 (2)To be omitted.

81 In sub-section *(l) "whether he was or was not present in

Council at the passing of the Act/' shall be omitted.

85 The following proviso shall be inserted at the end of sub-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."

87 For "subject to the foregoing provisions of this Act as to

leave of absence" there shall be substituted "save in the case of absence on special duty or on leave under a medical certificate."

After "council of a governor" there shall be inserted "or of a lieutenant-governor."

88 To be omitted.

89 "entitled under a conditional appointment to succeed to

the office of Governor-General, or" and "absolutely" shall be omitted, and for "that office" there shall be substituted "the office of Governor-General."

90 In sub-section (l) "conditional or other" shall be omitted.

In sub-section (3) for "this Act" there shall be substituted "section eightynine of this Act," and "respecting the assumption of the office by a person conditionally appoint- ed to succeed thereto" shall be omitted.

48(rf) WHEflVLE NO. 8

Section

of How dealt with

Act,

In sub-section (4) conditional or other" shall be omitted.

91 In sub-section (l) "conditional or other" shall be omitted.

92 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 :—

"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."

118 In sub-section (1) "and archdeacons" shall be omitted, and after "letters patent" there shall be inserted "and the archdeacons of those dioceses by their respective diocesan bishops."

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 separation 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 provinces ; and the power to levy such 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

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 provinces

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 ;

(/>) the modifications to be made in the pro\inoial contribution thereafter with a view to their 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 ruary 1920. We then visited in turn Allahabad, Patna, Calcutta, 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 Beatson-Bell, 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 provincial legislature who were 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.

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

HE POUT 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.

7. We doubt if it will be possible permanently to exclude 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.

Percentage of growth in the Last Eight Years (1912-13 to Budget 1920-21)

Trounces.

Unde the Proposed Provincial Heads.

Land Revenue Orneral and other Stamps. Provincial hcudb. '

11-66 32-00 13-52 17-13 26-86 33-52 4-53 26-30 20-60

20'98

Madras

70-24

63-22

Bombay Bengal United Provinces.

102-57 35-91 43-70

119-31 69-49 45-75

Pan jab Burma

106-78 36-15

73-73 26-62

Bihar and Orissa

24-20

55-29

Central Provinces

49-00

48-25

Assam

44-26

22-22

All the nine

Provinces, ...

62-27

69-24

All Provincial

29-06 52-43 22-30 23-82 34-88 33-65 11-20 33-18 28-00

3<MB

FINANCIAL hELATIUNti COMMITTEE 53

<s. The case of General Stamps is somewhat different. We have approached it, in the first instance, from the point of view of the poorer Provinces. Some of these, it seems clear, would start with little or no surplus revenue, under the allocation of resources proposed in the report ; and this would be both a misfortune in itself and at variance with what we believe to be iho intention, if not the implied promise, of the report. No remedy suggests itself except some extension of the schedule of provincial heads ; doles and temporary assistance would be inconsistent with the whole policy. In this view, and also because it will greatly facilitate our initial distribution of the central deficit, we advise that General Stamps be made a provincial head throughout. The arguments in the report for crediting it to the Central Government have not the same force as in the case of income-tax. Wo are not disposed to see grave disadvantage in different rates of stamp duty in different provinces, at least on some of the transactions for which duty has to be paid ; and any uniformity which may bo decided to be essential can always be secured by central legislation. Moreover, in this part of the arrangements, there is still the taint of a divided head, for General arid Judicial Stamps are controlled by the same agency, and there is a good deal of miscellaneous work and outlay .common Nto both. To make the whole of the Stamp revenue provincial would secure a genuine arid complete separation of resources ; and we trust that the reasons for this course will outweigh the only consideration on the other side, to wit, the extent to which the deficit in the all India budget will thereby be increased.

(J. That, deficit- we accept, subject to certain arithmetical adjustments described below, as amounting in the year 1921.122 to 10 crores, composed of the G orores previously estimated by the Govern- ment of India plus 4 crores for the loss of General Stamps which we propose. We have carefully examined the basis of this calcula- tion. Clearly, we have no authority to criticise 'the military and financial policy on which it so largely rests : and we have restricted ourselves to a scrutiny of the budget arrangements of the Govern ment of India, past and present, and of the normal growth of their revenue and expenditure. Factors of great uncertainty, — the needs of India's defence, her tariff policy and the future of exchange among others, — complicate the estimate, but we are satisfied that the Government of India have made reasonable allowance for those considerations in their forecast of the immediate financial future. On our tour in the provinces, it has been pressed upon us that the Government of India ought to meet their own deficit by special taxation, and a high protective tariff has

54 IMPORT OF Tttti

frequently been mentioned to us as an easy solution of the problem. On this latter question we naturally express no opinion : but we cannot see that the Government of India would have any justi- fication in imposing special taxation to make good their initial shortage of revenue, at a time when the shortage in question will be more than counterbalanced by the additional resources enjoyed by local Government. As we have said, therefore, we accept the estimate of the normal deficit for the first year of the new constitution. We cannot conceal from ourselves the disadvantages in ordinary circumstances of a system of provincial contributions and we anticipate that the Government of India will direct its financial policy towards reducing those contributions with responsible rapidity, and their ultimate cessation. We recognise that it would be imprudent on the part of the Central Government to give any guarantee of the precise pace of reduction ; but we think that a formal enunciation of the general policy would go some way to allay apprehensions which have been expressed to us. Such a policy would clearly be subject to the important reservation mentioned in the report, by which the Central Government* must remain empowered to levy special contributions, by way of temporary loan or otherwise, from the provinces in the event of any crisis of first importance.

10. In arriving at the figure which has actually to be distri- buted over the Provinces we have had to make certain adjustments. One of these is special and local, and we may dispose of it at once on the clear understanding that our treatment of the matter is entirely subject to the approval of the Government of India. It relates to the incidence of the cost of the military police force in Burma. The Government of the province, we understand, is discus- sing the point with the Government of India ; and their view, as expressed to us, is that 68 percent of the expenditure on the force is incurred for further defence and ought to be deficit to the central power. The figures originally before us had suggested a division Of the cost of the force equally between the Government of India and Burma, but the Local Government now presses for more generous treatment and estimates that the share of the outlay on the military police which is equitably chargeable to the province is only 1742 lakhs ngainst the 31-58 lakhs whidi had been taken in an earlier calculation. Subject to the assent of the Government of India, we have provisionally accepted this view ; and we are reducing the provincial expenditure accordingly, and making an equivalent addi- tion to the charges, and thus to the deficit, of the Central Govern- ment. The main adjustments that have been suggested however, ara concerned with the payment of pensions, At present the Central

FINANCIAL RELATIONS COMMITTEE 55

Government is debited with all civil pensions drawn outside India whether the pensioner has served in a province or in an imperial department, and no debit is raised against the provinces concerned. On the other hand, pensioners whose service has been under the Central Government are paid by the province in which they reside, which received nothing in recoupment. It has been suggested that pensions paid outside India ought to be debited to the provinces when they are paid to provincial servants arid simultaneously that the Government of India should relieve the provinces by paying their own pensioners. So 'far as the future is concerned, the propriety of this change is beyond question. Doubts, however, occured to us regarding existing payments. Exchange complications and difficul- ties of exact allocation interfere with precision ; while other and more general considerations point on the whole to the advisability of retaining on the books of the Central and Provincial Governments respectively the pensions for which they are at present responsible. We advise, therefore, that the readjustments of debits should take place only for pensions sanctioned on or after the 1st April 1921, and thn-t pensions drawn before that date should be allowed to work themselves off on the present footing ; this arrangement being definitely made a feature in the financial settlement. We may note incidentally with reference to a point raised by the Panjab, that provinces have no claim on any annuity fund in respect of those members of the Indian Civil Service from whose pay a 4 per cent- deduction has until recently heen made under the general rules in the Civil Service Regulations. There is in fact no annuity fund in such cases, and the deduction has simply lapsed to provincial revenues. The result of our recommendations in this matter is that it does not necessitate any immediate change in the all- India deficit ; the net growth of their pension liabilities in future is a relatively small matter for which the provinces may be left to make provision with- out special assistance. The last adjustment to be made is on account of leave allowances drawn outside India. Three are paid at present in the same way as pensions drawn outside India, in future they ought certainly to be debited to the provinces concerned, The normal liability on this account can approximately be calculated and the Secretary of State has given us a figure of £311,000 for the nine provinces affected by our enquiry. We have converted this at two shillings to tho rupee, distributed the liability among the provinces and subtracted 31*10 lakhs from the Imperial charges and deficit. The latter thus works out to 10 crores plus 14*16 lakhs for the Burma Military police minus 31-10 lakhs for leave allowances; 983-06 lakhs net.

56 REPORT OF THE

Chapter III. — The Initial Contributions.

11. We can now proceed to fix the ratio in which each of the nine provinces should contribute to this figure of 983 lakhs in the year 1921-22. It will clear the ground to state at the outset a limiting consideration by which we have felt ourselves bound. This is an obligation to leave each province with a reasonable Working surplus — a surplus which we should prefer to calculate so far as possible, with some relation to the general financial position of the province and the more imminent claims upon its resources. From the preliminary enquiry conducted at Simla in October last, it 'is apparent that in certain provinces no surplus at all and in others no adequate surplus, would have been possible without provinciali- sation of the revenue from General stamps and our task would thus in our judgement have been futile. Looked at somewhat differently, the limit we have imposed on ourselves is that i« »o case may a contribution be such as would force the province to embark on new taxation atl hoc, which to our minds would be an unthinkable sequel to a purely administrative rearrargement of abundant general resources. This limit, however, obvious as it is, makes it inevitable that the initial contributions should be in some measure arbitrary, dictated by the existing financial position of each province and not by any equitable standard such as its capacity to pay. Whatever standard ratio of contributions we might advise, — and a subsequent chapter will narrate our proposal in that direction, — it would have, were it to bo applied immediately, the effect of starting some provinces on their new career with deficit, and we have thus to accept some measure of transition.

12. We have now to explain our reasons for suggesting a departure from the basis of initial contribution proposed in the Mont;»gue-Chelmsford report. Wo are aware that that basis was not lightly adopted, and only after consideration of various alternative basis, — population, provincial, revenue or expenditure, arid the like — which for one reason or another were thought inapplicable to existing conditions. The basris of realised surplus was finally accept- ed partly because of the difficulty of finding a ^referable alternative, partly because at all events it did not add to, though it continued, existing disparities of contribution That it has been freely criticised in evidence before us as unequitable is certainly not fatal to it, for indeed every initial basis that can be suggested is open to some such sriticism, but examination has revealed some objections to it which weigh with us.

13. Obviously if any inequalities of contribution exist, the basis chosen tends to stereotype them while by disclosing them it

FINANCIAL RELATIONS COMMITTEE 57

renders them more difficult to justify ; for each province is now able to see more clearly than under the former system its relative contribution to the purse of the Government of India. While actual deficits appear, as has been said, in some provinces, others complain that their apparent surplus, if rightly understood, makes a real deficit. The prospect of arriving at any accepted figures as a basis appears remote. While the figures of the Simla Conference as to( normal provincial revenue are accepted with minor modifications of detail, the estimates. of normal expenditure in each province are strongly contested. How much of the expenditure held over during the war, arc clearly imminent if not already sanctioned and ought to bo included in tho calculation of normal expenditure ? Where is the dividing line to bo drawn between expenditure essential in the immediate future and expenditure foreseen as a future commitment1? Ought a province to be penalised by an increase of its contribution for strict adhesion to economy during tho war while another province, which had increased its expenditure more freely is rewarded by a reduced contribution'? Is adequate allowance made for tho special conditions of a largely undeveloped province like Burma, or lor the circumstances of a recently established province like Behar and Orissa which claims that it has never received from its start resources adequate to its needs 1 No satisfactory results seemed likely to bo reached by our attempting to act as a court of appeal in contentions of this kind. Moreover the artificial and temporary nature of the basis cannot be overlooked. It is too much determined by mere accidents of budgetting in spite of attempts to char away abnormalities of expenditure. But even if a normal surplus can be agreed at tho moment, it tends to be obscured or to disappcai in tho budgets of succeeding years. How could a contribu- tion be levied in later years on the basis of a so-called normal surplus which did doubtless once exist and might be said to bo implied in the economic life of the province, but which in fact had disappeared to be replaced by a totally different surplus or perhaps by a deficit? Tho best argument for tho basis of realised surplus was that, when originally recommended, it did recognise existing facts, that it appeared to leave all the provinces collectively with improved finances and each individual province with a surplus, and that it proceeded upon tho principle of creating the minimum of financial disturbance in introducing the Keforms scheme.

14* But these advantages cari be secured by another solution, which after careful consideration we think is less open to question. It must be noted that even if the original classification of sources of revenue in the Monfcagu-Chelmsford report is strictly adhered to, each one of the provinces gains something in revenue, while some

8

58 REPORT OF THE

gain very substantially in consequence of the introduction of the Reform scheme. If our recommendation as to General Stamps is accepted, the net increase in the total income of all the pro\inces taken together works out at 1850 lakhs. These additional resources represent uhat the central Government loses and the provinces gain under the redistribution. Some parts of them the former may reasonably retain and latter forego, so long as contributions to the central Government remain necessary. Even those provinces which were found at the Simla Conference to be in deficit secured some improvement in their revenues under the original classification, an improvement which will of course be increased by tho addition of General Stamps. It has been urged upon us that this increased spending power will in fact be swallowed up by the higher cost of administration, 'by improvement of old services, or by inauguration of new. At this stage, however, we are considering merely the revenue side of the account. These future liabilities would have had to be faced by each province, if no "Reforms Scheme had come. Each province is the better able tp face them by reason of the additional resources it has secured. There is the advantage that the figures of normal revenue laid down at the Simla Conference, have been submitted to Local Governments, and with minor amendments, which we have been able to accept, arc agreed as arithmetically correct, We propose, subject to the limiting consideration referred to in paragragh II, to assess the initial contribution on this increase of spending power in the provinces. The proposal has the merit of proceeding on the lines of minimum disturbance of the Financial position in each province. It will enable us to comply with the requirements of Iravihg each province with a surplus, and of inaugurating the new Councils without the necessity of resort to fresh taxation.

15. It is of importance to realise the nature of this transaction In the first place it implies no judgment on the merits of previous financial settlements with any province. Tho increase in revenues comes to the provinces as a windfall, or as :i bye-product of a constitutional change. It is not due as financial settlements have been in the past to consideration of the financial needs of individual provinces. It cannot properly be quoted as an admission of financial inequalities or as an act of tardy justice to the provinces that gain by it. Clearly it has come from political and not primarily from financial motives. It originates in the desire to secure a greater measure of devolution in the provinces, and in the endeavour to draw for this purpose a defensible line of financial partition between local Governments and the Government of India. While we consider that a windfall of this nature affords a suitable basis for

FINANCIAL 11ELATIONX COMMITTEE 50

initial contributions by the provinces it is not surprising to find that its application requires some modifications in view of individual circumstances.

Secondly, on this basis the system of contribution appears in a less invidious light. The Central Government in the course of a political reconstruction gives to each of the local Govern- ments some, and to some local Governments a very considerable, increase of spending power. Finding itself in a deficit as the result of this re-construction, it withholds from each province a certain proportion of the increased resources which it is intended that the' province should eventually obtain. The Central Government does not come in as raiding the hard-won surplus of a province, nor ought the Central Government to be represented, if our proposal be accepted, as the pensioner of tho provinces. It can hardly be contended that a province, which has at all events decidedly improved its finances as a result of tho change, has valid ground of complaint, if it does not obtain immediately the full increment which it may subsequently realise. In the cases of the provinces that gain most, it would hardly bo possible for any such province to spend in the first year the whole of its suddenly increased resources ; and if it wore possible, it would be financially undesirable. We think therefore that this basis affords less scope for controversy arid may be accepted as both more logical and more equitable than the Montagu-Chelmsford Report.

16. A detailed calculation (of which copies are being handed to the Government of India) has accordingly been made to ascertain the net additional revenues with which each province will bo endowed by the new allocation of resources. Starting on the assumption that our proposal about General Stamps will be adopted, we have worked on the figures of moral income which were accepted at the Simla Conference and on figures similarly accepted when we camo to tabulate tho expenditure which will be transferred to and from provinces. Wo took tho calculations with us on tour, discussed them with the officials of each province, and made several correction at their instance. The figures of increased spending power on which we ultimately acted may be regarded as agreed figures. Certain provinces urged that they are unduly favourable to our argument, as the great rise this year in the income-tax receipts means a correspondingly greater loss to local Governments when they cease to enjoy a share of those receipts. Provision however clearly demands that all our standard should be based on figures for the same years ; and there would be advantage in elaborating a series of normal statistics different from those which specifically prepared

66 ItEl'OliT OP THE

to assist us in our enquiry. We were also pressed to make allow- ances for schemes of future expenditure to which special importance was attached ; but to this we have been unable to accede as it is not our task to make budget fore-cast.

17. Having arrived in the manner indicated at the extra spending power which will accrue to each province, we first consider- ed the possibility of secitring the All-India deficit by an even rate on all the provincial figures. So far-reaching, however, is the disparity in the financial strength of the provinces that even this apparently equitable arrangement would in some cases have caused hardship. The extreme case would bo that of a province which has been depending largely on doles from the central exchequer ; and difficulty arises wherever the provincial revenues arc so pinched that the new resources have had to be seriously discounted to provide for the normal expenditure. \Ve have therefore had to consider each province on its merits, relying both on the abundant statistical information which was placed at our disposal and on the insight which we gained into the general situation by our local consultations with the best expert opinion. Our recommendations may be conveniently set out in the following statement, which explains itself when read with the succeeding paragraphs : —

[IN LAKHS]

Increased si .. i .

Province.

Madras

Bombay

Bengal

United Provinces

Pan jab

Burma

Bihar and Orissa

Central Provinces

Assam

TOTAL ... 1,850 9,83 8,67

IS. The provinces which caused us most anxiety were Burma and Orissa. In the former the coming improvement in its revenues hag been largely discounted by the heavy commitments necessary to

Increased spending power under new distribution oi' revenues.

Contributions as recommended by the Committee.

Jnoivfised speiid in£ power left after contribu- tions are paid.

... 5,76

3,48

2,2<s

93

56

37

... 1,<H

63

41

cs 3,91

:UO

1,57

... 2,8!)

1,75

1,14

... 2,46

64

1,82

ia... 51

Nil.

51

;os 52

22

* 30

42

15

27

FINANCIAL RELATIONS COMMITTEE 61

give Burma Ilie responsible administrative conveniences which it now lacks. The province, as wo have satisfied ourselves, is far bshiii'l Ludii propar in whit its Government does for the people. Profits flowing from the rioa control scheme, and a wise outlay of borrowed capital, should enable rapid progress now to be made but the heavy recurring expenditure which development entails will bo more imminent than the new income which it will yield. We aro convinced that a very substantial share of the surplus revenues of this province should be left free, and our calculations have led us to fix on them only about six and half per cent of the total deficit ; this happens, as will be seen below, to equal what we determine as the standard ratio of contribution. In Behar and Orissa the local Government is quite the poorest in India and every special skill will be required in developing its resources. Heavy initial expendi- ture lies in front of what is still a new province and here is a wholly abnormal want of elasticity about its revenues. We cannot advise that any share of the deficit should be taken from Bihar and Orissa in 1921-22 and wo expect that the province will bo sufficiently burdened by having to work up to its standard ratio of contribution in the same poriod as the rest of India.

19. Th<3 two provinces which come next in difficulty are the Central Provinces and Assam. They have a small margin at tho best of times, and their need for development is groat. The former has a moro rapidly expanding revenue than tho latter, but on tho other hand, its finances are moro liable to disturbance by famine. On the wholo we do not fool that it would be just to ask more than roughly 40 per cent of their windfall in both cases, and we have based our recommendations accordingly.

20. The special treatment of these four provinces loft us with 882 lakhs to allocate among their five richer neighbours ; and this sum would bo secured by a fiat rate of about 60 per cent on their new revenues. After the most careful scrutiny of their various peculiarilies we sco no marker! necessity for differential treatment inters-). In Mi'lr.n and tin (Juit3'l Provinces tho windfall is so vast that it could not bo employed profitably for several years. On the other hand, their revenues do not promise any remarkable elasticity, economy has boon strictly practised, and considerable arrears of administrative progress are now duo. In the Panjab also the windfall is large and balances are full while here tho reve- nues move upwards with marked ease. The position is less simple for diverse reasons in Bombay and Bengal. Tho former has attained a scale of expenditure far above the Indian average and the pace of expansion of its revenues is distinctly higher than in any other province, We believe that it could without inconvenience forego

G2 UEPOUT OF THE

the greater part of its new resources at the outset, and help the less fortunate provinces from its own abundant balance. But we hesitate to differentiate it prejudicially from the other richer provinces. Bengal on the other hand has a low scale of expendi- ture and an inelastic revenue: and it will receive only a very moderate start in its new financial career. But its size, intrinsic wealth and general economic possibilities prevented us from treating it more favourably than the other provinces in this category.

21. On a general view of the table the heavy contributions of Madras, the United Provinces and the Punjab doubtless call for comment. Between them these three provinces have to bear 35*5 24-5 and 8 per cent respectively, of the total initial contribution making 78 per cent of the whole. Conversely, the light assessments of Bengal and Bombay contributing 6-5 and 5-5 per cent respecti- vely of the levy will be noticed. But the character of the transaction as described above must be borne in mind. If the contribution represented some new and additional burden extracted from the wealths of the provinces, objection might fairly be taken. But it really amounts to the requirement that Madras is called upon to content itself in the initial year with an improvement in its fevenue of 228 lakhs instead of a possible maximum of 576; United Provinces with an improvement of 157 lakhs instead of a possible 397 and the Punjab with an improvement of 111 lakhs instead of a possible 289. The weight of the contribution by the Provinces is the best index to the amount of their gains, both immediate, and, as will be seen, eventual, under the new financial scheme. Just because immediately they are substantial gainers, they can best afford to postpone the full enjoyment of their ultimate advantages.

22. If on the other hand it is urged that some provinces, Bengal and Bombay for instance, escape too lightly under this assess- ment, the answer is two-fold. In the first place they are light gainers in the new distribution of revenues, Bengal having a gross gain of 104 lakhs and Bombay of 93. Secondly, we have not overlooked tho claim of certain provinces to exemption from the levy iu virt\M* of their indirect contributions through customs and income-tax*'to the Government of India. While this claim is often over-stated and exaggerated, we recognised that provinces with commercial capitals such as Calcutta and Bombay make larger contributions through these channels than purely agricultural provinces; and it will be noticed that those provinces where payment to the Govern- ment of India through customs and income-tax is presumably highest make a light contribution to the provincial levy.

FINANCIAL RELATIONS COMMITTEE 63

Chapter IV.— The Standard Contributions.

23. Our recommendation as to the ratio on which the Provinces can properly be called upon to contribute the deficit of the Govern- ment of India in the first year of contribution (paragraph 17 above) is based, as already stated, upon consideration of their present financial positions and of the immediate improvement which will be effected therein by the redistribution of revenues under the Reforms Scheme. This ratio is not intended in any manner to represent the ideal scale on which the Provinces should in equity bo called upon to contribute, nor is it possible that ifc should do so. In making our recommendation as to the initial contributions wo have had to consider established programmes of taxation and expenditure, and legislative and administrative expectations and habits, that cannot without serious mischief ba. suddenly adjusted to a no\\ and more equitable ratio of contribution widely different (as an equitable ratio must admittedly be) from that of the past. It is accordingly inevitable, if such mischief is to be avoided, that the ratio for initial contributions should bear little relation to that which would bo ideally equitable. But an initial ratio of this nature can only bo defended as a measure of transition. It is necessary, but it is necessary only in order to pive time to the Provinces to adjust tl eir 1 Budgets to a new stats of affairs ; and we are clearly of opinion that no scheme of contribution can be satisfactory that does not provide for a -more equitable distribution of the burden of the deficit within a reasonable time.

24. The ideal basis for such an equitable distribution can bo stated with some certainty. To do equity between the Provinces it is necessary that the total contribution of each to tho purse of the Government of India should be proportionate to its capacity to contribute. Unfortunately the application of this principle in practice presents many difficulties.

25. The total contribution of a Province to the purso of tho Government of India will consist in future of its direct contribution towards the deficit, together with its indirect contribution (as at present) through the channels of customs, income-tax, duties on salt, etc. A valuation of the amount of this indirect contribution involves an exact arithmetical calculation of the proportion of the total sum collected under each of those heads of revenue which is properly attributable to each Province. For such a calculation the statistical information available as to the distribution of the revenue between the Provinces is not adequate. Under the head of customs the locality in which dutiable articles are consumed cannot be traced with sufficient accuracy j under that of income-tax, questions of

64 HE PORT OF THti

the utmost complexity arise as to the true local source of the income assessed — questions which the information in the hands of th9 assessing officers does not enable them to answer. We have never- theless carried our investigation into this matter as far as available information permits, and by moans of an examination of the statistics concerning the distribution of articles which have paid customs duty, and of those concerning the place of collection of income-tax, together with a review of the more general circumstances of the economic life of the Provinces we have found it possible to arrive at an estimate of the weight which should be given in fixing the basis for equitable contributions by the Provinces, to their indirect contributions.

26. Turning to the other circumstance which must be considered in fixing the ideal basis for an equitable distribution — the capacities of the Provinces to contribute — wo find practical difficulties no less great than in the exact arithmetical calculation of the quantities involved. The capacity of a province to contribute is its taxable capacity, which is the sum of the incomes of iU tax- payers, or tho average income of its tax-payers multiplied by their number. In this connection also the statistical information available does not permit of any direct valuation. Enquiries of much interest have been made at various times with a \ie\v to calculating the wealth of the respective Provinces or the average income ofv their respective inhabitants, and the results provided much useful information ; but in the absence of any general assessment of incomes, and of any census of production, they cannot be considered reliable as a direct estimate of the quantities concerned. In tho absence of any such direct estimate, various circumstances have been suggested to us as capable of serving, taken separately or together, as an indirect measure of the relathe taxable capacities of tho Provinces. Amongst these may be mentioned gross population, urban arid rural, or industrial and agricultural population ; cultivated ares ; provincial revenue, or provincial expenditure ; amount of income-tax collected ; and, moro indirect, amount of salt or of foreign textile goods consumed in each Province. As measures of comparison all these are open to obvious criticisms, both on theoretical and on practical grounds. We are of opinion, however, that some of them are not without their value as a substitute for the direct information which is not available and they have indeed assisted us in coming to a general conclusion as to the relative taxable capacities of the provinces. But we are also of opinion that none of them is capable of serving, either alone or in conjunction with others, as an accurate or even an approximate arithmetical measure of those capacities,

FINANCIAL DELATIONS COMMITTEE 64(a)

27. For the reasons given, we believe it to be useless to attempt to state a formula, to servo as a basis for ;i standard ratio of contribu- tions, capable of automatic application from year to year by reference to ascertained statistics. Although the formula could be stated, the statistics which would be needed for its application are not available. But we are able, after surveying such figures as are available and after close enquiry into the circumstances of each province, to recommend a fixed ratio of contributions which in our opinion represents a standard and equitable distribution of the burden of any deficit. In arriving at this, ratio we have taken into consideration the indirect contributions of the provinces to the purse of the Govern- ment of India, and in particular the incidence of customs duties and of income-tax. We have enquired into the relative taxable capaci- ties of the provinces, in the light of their agricultural and industrial wealth and of all other relevant incidents of their economic positions including particularly their liability to famine. It should be observed that we have considered their taxable capacities not only as they are at the present time, or as they will bo in the immediate future but from the point of view also of the capacity of each province for expan- sion and development agriculturally and industrially, and by respect of imperfectly developed assets such as minerals and forests. We have al&o given consideration to the elasticity of the existing heads of revenue which will be secured to each province, and to the availability of its wealth for taxation. After estimating, to the best of our ability, the weight which should be given to each of these circumstances, we recommend the following fixed ratio as representing an equitable basis for the relative contributions of the provinces to the deficit.

Standard Contributions

Province. Per cent contribution

to deficit.

Madras ... ••• 17

Bombay ••• ••• 13

Bengal ... ... 19

United Provinces ... ••• 18

Panjab — ... 9

Burma ••• ••• 6'5

Bihar and Orissa ••• ••• 10

Central Provinces ••• ••• 5

Assam ••• ••• 2*5

100 per cent.

28. This, in our opinion, is the ratio which the provinces should in equity be called upon to contribute after an interval of time sufficient to enable them to adjust their budgets to the new

8(a)

64(J) ItEPORT OF THE

conditions. We further recommend that the interval allowed for adjustment should not be unduly prolonged. The initial ratio which we have proposed is a practical necessity, but the provinces which will be called upon to pay thereunder more than they should pay in equity, ought not to be required to bear that burden for a longer period or to a greater extent than is required to prevent dislocation of the provincial budgets. We propose, therefore, that contributions should be made on the standard ratio to any deficit that there may be in the seventh year of contribution and that the process of transition from the initial to the standard ratio should be continuous, beginning in the second year of contribution, and proceeding in six equal annual steps. The following table shows the initial, intermediate and ultimate ratio of contribution for the seven years, in accordance with our recommendations. The initial ratio is the rate per cent of the actual initial contributions recommended in paragraph 17 above : —

Per cent contributions to deficit in seven consecutive years beginning with the first year of contribution, (rounded oft to even halves).

p • ¥. ^ 1st. 2nd. 3rd. 4th. 5th. 6th. 7th.

rovince. yea^ year^ year year year^ year> yean

Madras 35-5 32-5 29-5 2t>-5 23 20 17

Bombay 5-5 7 8 9-5 10-5 12 13

Bengal 6-5 8-5 10*5 12-5 15 17 19

United Provinces 24-5 23-5 22-5 21 20 19 18

Panjab 18 16-5 15 13-5 12 10-5 9

Burma 6-5 6-5 0-5 6-5 0-5 6-5 6-5

Bihar and Orissa Nil. 1-5 357 8-5 10

Central Provinces 22-5 33-5 4 4-5 5

Assam 1-51-5 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(<Z) EEPOET OF THE

34. In the case of those provinces, namely, Bombay, the United Provinces, Burma, Bihar and Orissa, and including as stated, Madras, we recommend that the Provincial Loan Account should be "funded," at a rate of interest calculated at the weighted average of the three rates of three and half, four and half arid five and half per cent now paid on varying portions of the account. "Whatever portion of the account so '* funded " the province is prepared to take over forthwith should, we recommend, be written otf against an equal portion of thi» provincial balance as from 1st, April 1921 ; and the balance of tho " funded" account should remain outstanding as a debt from the pro- vince to the Government of India. On the outstanding balance the province should pay interest at the calculated average rate, and also an annual charge for redemption enough to redeem the debt in a fixed number of years, which should not, save in exceptional circumstances, exceed twelve. The provinces should further have the option to make in any year a large repayment that the fixed redemption charge.

35. The provinces in question will probably not be in a position to state the exact proportion of their respective accounts which they aro prepared to take over, or the exact number of year* that they will require to repay the balance, until their closing balance on 1st April 1921, are more precisely ascertained, and also until they know what contributions will be required from them. It appears therefore that these details must be left for determination by future negotiations. Wo are however of opinion that a maximum period of twelve years is ample in order to enable any province to clear its account and that in some cases the period may with advantage be substantially reduced. We further consider that the fixing of u definite term of lepayment and the provision of an annual charge for redemption within that term are essential in order to secure tho desired clearing accounts between the Provincial Governments and the Government of India.

Conclusion.

36. Several other matters were referred to in the course of our enquiry, on which a recommendation appeared to us to be outside thet strict scope of our reference. We propose, however, to communicate our views upon some of them informally to the Government of India.

37. In conclusion we wish to express our indebtedness to our secretary Mr. Dina Nath Dutt, for his careful and methodical assist- ance in our work. We have also derived very great benefit from the association with us of Mr. C, G. Sim, c.r,E., whom the Govern- ment of India attached to us as liaison officer.

MESTON.

CHARLES ROBERTS. E. HILTON YOUNG.

Rules Under the

Govt. of India Act

Council of State and Legislative

ASSEMBLY

Iii exercise of the powers conferred by sub-sections (l) and (5) of section f>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 Assembly appointed by the Governor General to perform the functions assigned to the Finance Member under these rules ;

"Gazette " means the Gazette of India ;

"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.

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 appointed by 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.

8. (1) A question may be asked for the purpose of obtaining information on a matter of public concern within the 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 Meje sty's Govern- ment, or of the Governor General in Council, with any foreign State ;

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 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-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 controversy between the Governor General in Council and the 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.

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 :

Provided that the President shall 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 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

which a notice of motion has been previously given ; and

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.

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 JJill (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 any clause of a Bill or an amendment to a Bill affects the 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 subject-matter of 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,

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 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.

(•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- shall be sent to the other Chamber, and copies of the Bill shall be 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 less 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 Bill and its general provisions may be discussed, but the details of the Bill must not be discussed further than is necessary to explain its principle,

OF INDIA ACT 1019 71

29. Any member may (if the Bill has not already been referred 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 of the standing orders of the Chamber regarding consideration of 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.

72 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 origi- 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 taken to have been carried ; and if the Bill with the amendments, 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.

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.

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 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. con- sideration by the Assembly.

10

74 INDIAN LEGISLATIVE RULES

The Budget Debate.

45. The Budget shall be dealt with by the Assembly in two stages, namely : —

(0 a general discussion ; 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 presented to the Assembly by the Finance Member and shall be dealt with in the same way by the Assembly as if it were a demand for a grant.

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 Finance Department may refer to the 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 Legislative Council

Kules,

Definitions.

2. In these rules —

"Council" means the Legislative Council of ;

" 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 Council or a Minister, and includes any member to whom such 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

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 question 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,

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 least—members 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 speech.

Presidents Powers.

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

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 Budget") 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.

(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 : —

OOVT. OF INDIA ACT 1919 83

(i) a general discussion ; and (ii) the voting on demands for grants,

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 offered, they 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.

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 Department may refer to the Committee.

(2) Tho Committee on Public Accounts shall consist of not more than . . . 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 have a second or casting vote.

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 the expenditure on an item the provision from which 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.

Rules tor The Legislative Assembly

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

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 (</) may be wnrooved by an order of the Gow no* 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 election fof five years from the date of the expiration of the seotence.

(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 Commissioners holding an election inquiry as guilty of a corrupt practice as specified in Part I, of in paragraph 1, 2 or 3 of Part II, of Schedule IV to these rules, shall not be eligible for election for five years from the date of such conviction or of the finding of thp Commissioners, as the case may be ; and a person reported by such Commissioners to be guilty of any other corrupt practice shall be similarly disqualified for three years from 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 hereinafter 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 from 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 the Governor General in council in that behalf*

Special qualifications for election in case of certain constituencies

4. (1) A person shall not be eligible for election as a member of the Legislative Assembly to represent —

(a) a general constituency in the presidency of Madras or in the presidency of Bengal, unless his name is registered on the electoral roll of the constituency or of another ooBfttftaeitty of the same communal description situate in the Mine presidency ; or

(6) a general constituency in the presidency of Bombay, unless his flame is registered on the electoral roll of the constituency and he has resided in the constituency for a period of six months prior

LEGISLATIVE ASSEMBLY UVLES «7

to the first day of January in the year in which the constituency is called upon to elect a member or members : provided that a candi- date eligible for election in any such constituency shall be eligible for election in a constituency of the same communal description if the whole or part of either constituency is included in tho same district ; or

(c) a general constituency 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 any other general constituency in the same province ; or

(d) a Muhammad an or non-Muhammadan constituency in the United Provinces of ^Agra and Oudh, unless his name i6 registered on the electoral roll of a Muhammadan or non-Muhammadan consti- tuency in that province ; or

(e) a general constituency in the Punjab or in the Central Provinees, or a European constituency in the United Provinces of Agra and Oudh, or a constituency in the Province of Burma or any special constituency, unless his name is registered on tho electoral roll of the constituency-

(2) For the purposes of these rules —

(#) "general constituency" means a non-Muhammadaii, Muhammadan, European, non-European, or Sikh constituency ; and

(b) "special constituency" means a Landholders' or Indian Commerce constituency.

The right to elect— General conditions of registration and disqualifications.

5. (l) Every person shall be entitled to have his name registered on the electoral roll of a constituency who has the quali- fications 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 foil of a constituency of the Legislative Council of a province, -such Ruler or subject ahall not by reason of not being a British subject be disqualified for registration on the electoral roll of any consti- tuency of the Legislative Assembly in that province ;

88 GOVT. OF INDIA ACT

Provided further that, i! a resolution is passed by the Legisla- tive Assembly recommending that the sex disqualification for registration should be romoved 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 :

Provided further that no person shall be entitled to have his name registered on the electoral roll of more thai/ one general constituency.

(2) If any person is convicted of an offence under Chapter IX- A. of the Indian Penal Code punishable with imprisonment for a termTexceeding six months or is reported by the Commissioners 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 Schedule SV" to * these rules, his name, if on the electoral roll, shall be removed therofrom and shall not be registered thereon for a period of five yaatfs from the date 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 therefrom and shall not be registered thereon for a period of three years from the date of the report or, if nob on the electoral roll, shall not be registered for a like period :

Provided that the Governor General in Council may direct that the name of any person to whom this sub-rule applies shall be registered on the electoral roll.

Qualification of electors.

6. (1) The qualifications of an elector for a general consti- tuency shall be such qualifications based on —

(1) community, («) residence, and

(Hi) (a) ownership or occupation of a building, or

(b) assessment to or payment of municipal or cantonment of rates or taxes or local cessses ; or

(c) assessment to or payment of income tax ; or (<l) the holding of land,

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 II to these rules in tbe Qaee of that couatitueooy,

LEGISLATIVE ASSEMBLY KULES 89

Electoral roll.

7. (I) 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 whose 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 prefer a claim or objection to the Revising Authority.

(2) The regulations for the time being in force in any province for the purpose of elections to the Legislative Council of that province 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 which it relates,

(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 shall 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 Legislative Assembly :

Provided that the Governor-General in Council may, by noti- fication 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 re published in the case of each province in such manner as may be prescribed by the regulations afore- said for tho republication of electoral rolls of constituencies of the Legislative Council.

(4) The electoral roll shall come into force from the date of such republication, and shall continue in force for a period of three years or for such less period as the Governor General in Council may

90 GOyT. OF INDIA ACT Jbld

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 members after an electoral roll has ceased to have force and before ike completion of the new electoral roll, the old electoral roll shall for the purposes of that election continue to operate as the electoral roll for the constituency.

Right to vote.

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. (1) Any person may be nominated as a candidate for elec- tion 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 appointing either himself or some other person who is not disqualified under these rules for the appointment to be his election agent, and no candidate shall be deemed to be 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 candi- date for the same election.

Election.

10. (I) 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 notification in the Gazette of India call for fresh nominations for the remaining vacancies, and if any such 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 and Landhol- ders'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 i provided .that ftp

LEGISLATIVE ASSEMBLY RULES 91

elector shall give more than one vote to any one candidate except in the case of the plural-member constituencies in the presidency of Bombay, in -which constituencies any elector may accumulate his votes upon one candidate or distribute them amongst the candidates as he pleases.

(6) Votes shall be counted by the Returning Officer, and any candidate, or, in the absence of the candidate, a representative duty 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) Where an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candi- dates to be declared elected, the determination of the person or persons to whom such one additional vote shall be deemed to have been given shall be nude by lot to be drawn in the presence of the Returning Officer in. such manner as he may determine.

(9) The Returning Officer shall without delay rejorfc thfr result of the election to the Secretary to the Government of India in the Legislative Department, and the name or names of the candidate or names of the candidate or candidates elected shall be published in the Gazette of India.

Regulations regarding the conduct of elections.

11. The regulations for the time being in force in any province for the purpose of elections to the Legislative Council of that pro- vince in regard to the following matters, namely, —

(1) the form and manner in, and the conditions on, which nominations may be made, and for the scrutiny of nominations,

(2) the appointment of a Returning Officer for each constituency and for his powers and duties,

(3) the division of General and Landholders' constituencies into polling areas and the appointment of polling stations for these areis%

(4) the appointment of officers to preside at polling stations, and the duties of such 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,

(7) the procedure to be followed in respect of tender oi Votes by persona representing themselves to be electors after other persons have voted as such electors,

92 GOVT. OF INDIA ACT 19J9

(8) the scrutiny of votes.

(9) the safe custody of ballot papers, and other election papers, the period for which such papers shall be preserved, and the inspec- tion and production of such papers, and,

(1) the conduct of elections generally,

shall apply for the purpose of the holding of elections within that province to the Legislative Assembly :

Provided that the Governor-General in Council may, by noti- fication 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 consti- tuency, he shall, by notice in writing signed by him and delivered to -the Secretary to the Government of India in the Legislative Department within seven days from the date of the publication of the result of such election in the Gazette of India, choose for which of these constituencies he shall serve, and the choice shall be con- clusive.

(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 servo 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 cons- tituencies concerned to elect another person or persons.

Election agents and expenses — 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 disqualification mentioned in sub-rule (3) of rule III.

14. (l) 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 returning Officer a return of his election expenses containing the particulars specified in Schedule III to these 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

LMKLATWE ASSSMXir HULKS 9A

election, atid further a statement of $11 unpaid claim* in respect of such expense* of which he or hi* election agent is aware.

(3) The return shall be accompanied by declarations by the candidate and hi* election agent which shall be in the form contained in the said Schedule and shall be made on oath or affirma- tion before a Magistrate.

(4) The Governor General in Council shall cause to be prepared in auch manner, and maintained for such time, as he may direct, 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.

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 agents or by any person under the direction of the candidate or the election agent.

Nominated Members.

"16. (l) Save as expressly provided in these rules in regard to the nomination of a person elected in Berar, no person shall bo nominated to the Legislative Assembly who—

(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 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

(d) 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 Kujer 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 Buler or subject shall not by Reason of Dot being a British sufyjeofc be disqualified for nomination to the Legislative Assembly to represent that province :

. Provided further that thei disqualification mentioned in, clause <^) may be, removed by an order of fcto Governor-Genera) in Council in this behalf.

19

&4 GOVT. OF INDIA ACT 1919

(2) A person against whom a conviction by a criminal couft 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 nomination for five years from the date of the expiration of the sentence.

(3) A persons who has been convicted of an offence under Chapter ix A of the Indian Penal Code punishable with imprison* went 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 u, of Schedule iv to these rules, shall not be eligible for nomination for five years from the date of such conviction or of the finding of the Commis- sioners, as the case may be ; and a person reported by such Commis- sioners to be guilty of any other corrupt practice shall be similarly disqualified for three years from such date.

(4) A pernon who having been a candidate or an election agent at, an election has failed to lodge the return of election expenses pres- cribed in these rules or has lodged a return which is found either by Commissioners hplding an inquiry or by a Magistrate in a judi- cial proceeding to be false in any material particular shall not be eligible for nomination for five years from the date of the election :

Provided that either of the disqualifications mentioned in sub- rules (3) and (4) of this rule may be removed by an order of the Governor-General in Council in this behalf.

Terms of office of nominated member,

17, (1) A nominated non-official member shall hold office for the duration of the Legislative Assembly to which he is nomi- nated.

(2) Official members shall hold office for the duration of the Legislative Assembly to which they are nominated or for such shor- ter period as the Governor-General may, at the time of nomination, determine.

Obligation to take oath— Taking of oath.

18. Every person who is elected or nominated to be a mem- ber of the Legislative Assembly shall, before taking his seat, make at a meeting of the Legislative Assembly an oath or affirmation of hi« allegiance to the Crown in the following form, namely : ,- '

I, A, B> 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.

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 j»ecessary 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 for the various constituencies at such election shall be notified in the Gazette of India.

Rules for The Council of State

Composition of Council of State.

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 the Act ; 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

GO 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 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, as the case may be ; and a person reported by such Commission- 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.

4. (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 —

(a) "general constituency" means any constituency which is not a special constituency ; and

(b) " special constituency " moans a European Commerce consti- tuency.

The right to elect— General conditions of registration and disqualifications.

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 :

Provided that the Governor General in Council may direct that 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

(</) p.ist or present tenure of office on a local authority, or

(>?) 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 101

Right to vote.

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 many 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- Muhammad an) 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

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 or persons 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 by persons representing 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 ;

RttLBS POti THE COUNCIL OF STAtM 103

Provided that, the Governor-General in council may, by

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 the result4 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,

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

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 un-

sound mind ; 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 Govern or- 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 <r nomination for five years from the date of the expiration of ue sentence.

HULKS FOK THE COUNCIL OF STATE 106

(3) A person who Iras been convicted of any offence under Chapter IX- A of the Indian Penal Code punishable with imprison- ment for a term exceeding six months or bus been reported .by Commissioners 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 Schedule IV to these rules, shall not be eligible for nomination tor five years from the date of such conviction or of the finding of the Commissioners, as the ct»se may be ; and a person reported by such Commissioners, to be guilty of any other corrupt practice shall be similarly disqualified for three years from 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 prescribed in these rules or has lodged a return which is found either by Commissioners holding an inquiry or by a Magistrate in a judicial proceeding to be false in any material particular, shall not be eligible for nomination for five years from the date of the election :

Provided that, either of the disqualifications mentioned in sub- rules (3) and (4) of. this rule may be removed by an order of the Governor General in Council in that behalf.

Terms of office of nominated members.

17* (I) A nominated non-official member shall hold office for the duration of the Council of State to which he is ?)ominated.

(2) Official members shall hold office for the duration of the Council of State to which they are nominated or for such shorter period as the Governor General may, at the time of nomination, determine.

Taking of oath.

18. Every person who is elected or nominated to be a member of the Council of State shall, before taking his seat, make at a meeting of tho Council of State an oath or affirmation of bis allegiance to the Crown in the following form, namely ; —

elected I, A. B. bavidg been n0'raiuated a meDJbfr of this Council do

solemnly 9 wear [or affirm] that 1 will be faithful and bear true alle- giance to his M;ijt>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 [4] of rule ill or of rule XVI, as the case may be, or fail* to make

106 GO VI. 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 member 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 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.

Reconstitution of Council of State— General Elections,

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 for

The Imperial Legislative Assembly

Madras-1— 16

Madras, City, Non->'uharnmadan, Urban „ Dihtrictw, Non Muhammadan Kural

(ianjnin cum VixagapnUmt Distnrt

trodavH'i cum Kistua . • ••

Guntur oum N« lloro ... »•• ••• t •"

Chittoor cum C»ded Dists I \uantpui, I'M Han '» Cuddapah, Kurnonl >

Salem, Coimbatoiv cum North Arcot

Chiugleput cum South Arcot

Tan joro cum Tr i ch i no poly

Madura, Ivamnad cum Tmucully

Nilgins and Wt-bt Coast [Malabar, Anjtrgo, S. Canara] Muhammadan Cuiibtituencies

North Madras [Ganjam, Vizgapatam, Go*lavan, Kifetna, Guntur

Nellvre, Auantpur, Bcllavy, Cuddapah, Kuinot»l an<l Chittoi r] ... South Madras fClungleput, Madras, Arcot, N. & S., Coimbatoro

Tanjore, Trichinopoly, Madura, Kamiia<!, Tin Nilgim and W. Coast [Malabar, Anjon^o, S ( i

LandhuMcrs in l'Tt«idency ... Indian Commerce in Fresidt»ncy

Bombay — 1

Bombay — City Non Muhammadriu Urban „ „ Muhammadan, Urban ...

Sind Non-Mulmmma 'an

Muhammadau Non-Muliammadan Hural Northern Divibiou Southern Divibiou Central ,, Europeans in Presidency Indian Merchant*' Chamber

Bengal— 15

Calcutta, Non-Mubaramadan, Urban

tn

f floogiy, Hosvrah, 24 Pargaua Dint Municipal.] ... ... I

„ „ „ „ Rural, Presidency Divi«iou 1 pon Muhammadan — Rural

Buidwah Division, excluding Hoogly and Howrah Diet. .. 1

Dacca Ditiaion ... ... «•• ••• ... 4

Chittaconff— Raisbahi Division ... .*. <*• I

LIST OF CONSTITUENCIES 109

Muhammadan— Urban- Calcutta and suburbs [Hoogly, Howrah, 24 Parganas District] ... I

Muhammadan Rural —

Burdwan and Calcutta Presidency Division Dacca Division Chittagong Division Kajbhahi Division ...

European— Bengal Presidency

Landholders — Bengal „

Indian Chambers of Commerce

United Provinces— 16

Non-Muhamraadan — Urba n —

Cities of U. P. [Agra, Meerut, Cawnpore, Benares, Allahabad, Bareilly, Lucknow] ... ... ... ... ... I

Non-Muhammadan — Rural —

Meerut Division [excluding Municipality and Cantonment] ... 1 Agra „ „ ... ... ... .. 1

Uohilkhand and Kumaon Division ... ... .. 1

Allahabad — Jhansi Division ... ... ... .. 1

Benares — Gorakhpur Division ... ... .. 1

Lucknow Division ... ... ... .. 1

Fyzabad Division ... ... ... .. 1.

Muhammadan — Urban —

Cities of U. P. [Agra etc. as above] ... ... ... I

Muhammadan Rural —

Meerut Division — [excluding Municipal and Cantonment.] ., , 1

Agra „ „ „

Rohilkhand and Kumaon Division

Lucknow and Fyzabad „ ,, „ ...

U. P.- Southern Division [Allahabad, Benares, Gorakhpur]

European— U. P.

Landholders— U P. ... ... ... ... ... , I

Punjab— 12

Non-Muhammadan—

Ambala Division ... ... ••• ... ... 1

Jullundur Division ... ... ... ... 1

West Punjab [Lahore, Rawalpindi, Mnltan] Division' ... 1

Muhammadan—

East Punjab [Ambala, Kangra, Hrohiarpur, Jullunder,

Ludhiana] ... ... ... ... ... 1

East Central Punjab [Ferozepur, Lahore, Amritsar and Gurdaspur 1 West Central Punjab [Sialkot, Gujranwala, Sheikhupura and

Lyallpur .. ... ... .. ... 1

North Punjab [Gujrat, Jhelnm and Rawalpindi] ... ... I

North- West Punjab [Attock, Mianwali, Shah pur and Jhang ... 1 South-West Punjab [Multan, Montgomery, Muzaffargarh and

Dera Ghazi Khan ... ... ... ... 1

Sikh—

East Punjab [Ambala and Jullundur Division] ... ... 1

West Punjab [Lahore, Rawalpindi and Multan] ... ... 1

Punjab Landholders [The Province of the Punjab],. j ,,. ... 1

14

110 LEGISLATIVE ASSEMBLY

Bihar and Gritsa— 12

Non-Muhammad an—-

Tirhut Division ... ... ... ... ... 2

Orissa Division ... ... ... ... ... 2

Patna cum Shahabad ... ... ... ... 1

Gaya cum Monghyr ... ... ... ... 1

Bhagalpur, Purnea and the Santhal parganas Chota Nagpur Division

Muhammadan —

Patna and Chota Nagpur cum Orissa Bhagalpur Division Tirhut Division

Bihar and Orissa Landholders

Central Provinces — 5

Non-Muhammadan—

Nagpur Division ... ... ... ,.. ... 1

Central Provinces Hindi Division [The Nerbada, Jubbulpnr and

Chliatisgarh Divisions ... ... ... ... 2

Mahammadan-Central Provinces ... ... ... ... 1

Central Provinces Landholders ... ... ... I

Assam— -4

Non-Muhammadan —

Assam Valley ... ... ... ... ... i

Surma Valley cum Shillong ... ... ... ... i

Muhammadan—

Assam Muhammadan ... ... ... • ... j

Assam European ... ... ... ... ... j

Burma— 4

Burma Non- European ... ... ... ... .^. ;*,>$

Burma European ... ... ... ... .fl . .j

//. List of Constituencies entitled to representation in rotation.

f Sind Huhammadan Rural *)

Bombay <j ^ ,

t Bombay Northern Division do J

f Bombay Central Division do 1

Ditto ^ ! ,

t Bombay Southern Division do j

f Sind Jagirdar & Zamindars Landholders 1

Ditto J ' I j

[ Oujrat & Dccoan Bardars & Inamdars do J

f The Bom. Millowners1 Association Indian Commerce 1

Ditto* < I . ,

LTheAhmedabad „ „ „ j

f Bengal Chambers of Commerce „ 1

Bengal -| Marawari Association £ l

t Bengal Mahaj«nSabh. '' • |

LIST OF CONSTITUENCIES^ Hi

III.— In a case where two constituencies are bracketed together as entitled to elect one member, the constituency first mentioned shall elect to the first Legislative Assembly, at the general election and at all bye-elections so long as the first Legislative Assembly continues, and the constituency second mentioned shall elect at the general election to the next Legislative Assembly and at bye-elections in like manner, and thereafter the constituencies shall elect in like manner in rotation to succeeding Legislative Assemblies.

IV. — In the case where three constituencies are bracketed together as entitled to elect one member, the constituency first mentioned shall elect to the first Legislative Assembly at the general election and at all bye-elections so long as. the first Legislative Assembly continues, and the second mentioned constituency shall elect at the general election to the next Legislative Assembly and at bye-elections in like manner, and the third mentioned constituency shall elect at the general election to the third Legislative Assembly and at bye-olectins in like manner, and thereafter the constituencies shall elect in like manner in rotation to succeeding Legislative Assemblies.

List of Constituencies for

The Council of State

Province. Name of Constituency.

Madras Madras Non-Muhamraadan.

Ditto Madras Muhammadan.

Bombay Bombay Non-Muhammadan.

Ditto Bombay Presidency Muhammadan.

Ditto Sind Muhammadan.

Ditto Bombay Chamber of Commerce.

Bengal East Bengal Non-Muhammadan.

Ditto West Bengal <lo

Ditto East Bengal Muhammadan

Ditto West Bengal do

Ditto Bengal Chamber of Commerce.

United Provinces United Provinces

Central Non-Muhammadan do United Provinces Northern

Non-Muhammadan

do United Provinces Southern

Non-Muhammadan do United Provinces West

Muhammadan

do United Provinces Bast

Muhammadan

No. of

Members.

4

1

*T~

I

1

1

1™

2

1

1

L

1'

1

1

1

112 THE COUNCIL OF STATE

No. of Province. Name of Constituency. Members.

Punjab Punjab (Non-Muhammadan) 1

Do Punjab Sikh 1

Behar and Orissa Behar and Orissa Non-Mulianiniadari. 2*

Do. Muhammadan. 1, __

Central Provinces Central Provinces. 1 ^

Burma Burma. f

Do Burma Chamber of Commerce. ]___

Punjab. East Punjab Muhammadan ]

Do. West do. do. )>... 2 * Bihar & Orissa Piihar & Ori&sa Non-Muhammadnn. J

Assam Assam Non-Muhammadan I

}>... I Ditto. do Muhammadan J

III. In the case where two constituencies are bracketed together as entitled to elect one member, the constituency first ircutionerl shall elect to the first Council of State at the gcneial election and at all bye-elections so long as the tirttt Council of State continues, and the second-mentioned constituency shall elect at the general election to the next Council of State and at all bye-elections in like manner, and thereafter the constituencies shall elect in like manner in rotation to succeeding Councils of State.

LV. In the case where three constituencies are bracketed together as entitled to fleet two members, the two first-mentioned constituencies shall each elect a member to the first Council oi' State at the general election and the constituency affected shall elect at any bye-election so long as the first Council of State continues, and for the purposes of the general election to the second Council of State and bye-eb ctions occuiring during the continuance of that Council the two first-mentioned constituencies shall bo deemed to be one consti- tuency and the members shall bo elected, one by those constituencies combined and the other by the third-mentioned constituency, or, in the case of a bye- election, by those constituencies or that constituency, as the case may be, and thereafter the constituencies shall elect in like manner in rotation to succeeding Councils of State.

* NOTE — The Bihar and Orissa (non-Muhammadan) constituency is entitled to elect a third member to the second, fourth and succeeding alternate Councils of State.

Devolution Rules

In exercise of the poicfr* conferred ly Action. J{<r> A (ttnJ ^tthm 1 29 A 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 subject or context —

(a) " all-India Revenues " means such portion of the revenues of India as is not allocated to local Governments under these rules ;

(b) "Schedule" means a Schedule to th«se 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 Governor General in Council and the Indian legislature, subjectH shall be classified in relation to the functions of Government as central and provincial subjects in accordance with the lists s«t 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 provincial 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 <wh subject in the

15

114 GOVT. OF INDIA ACT 1919

second column of the said Schedule, be transferred subjects provided that the Governor General in Council may, by notification in the Gazette of India, with the previous sanction of th? Secretary of State in Couneil* revoke or mispeu^ to* ftuch, period as he may consider necessrfry tbb transfer* "of any i*rt>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 subject, 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 acting with the minister frr clmrge of tfcfc department : pnrtftfed that—

(a) no order affecting emoluments or peitalrdrts, no drdbr' of formal cewmfre, and' tffc dftter <wi a teemorkl A*ft be pu&sfc!1 fcp the disadvantage of an officer of ait All-India or provincial service itith-

FINANCIAL 1>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. Subject to the provisions of those rules, provincial subjects shall be administered by the local Government. But, save in the case of transferred subjects, nothing in these rules shall derogate from tho power lOf superintendence, direction 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 ro venue, 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 provincial purposes ; and

(4) any othor sources which fcho Governor General in Council may by order declare to bo sources- of provincial 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 ;—

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 t»f

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- 1023- 23. 24.

32-5 29 -r>

1924- 25.

26-5

1025- 26.

23

7 8

y-r>

10-5

8-5 10-5

i2-r>

15

23-5 22-5

21

20

16-5 l 5

13-5

12

«v> 0-5

6-5

0-3

1 -o 3

r>

7

Borav 2-r> 3

3-5

^

1-5 2

2

2

1J>26- 27.

20

12

17

IU

10-5

6-5

8-5

4-5

2

1927-28 ami thereafter.

17 13 li> 18 9

6-5

10

5

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 contribution for any financial year in excess of the amount required by the prece- ding rules in the case of that year.

18. The contributions fixed under the preceding rules shall be 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

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. Whenever the Governor General in Council has, on receipt of due notice of the intention of the local Government to draw on its balances, required it to reduce the extent of the proposed draft, he shall, at the end of the financial year in which the local Government 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. Any moneys which, on the 1st day of April 1921 are owed 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 1916-17, at the rate of 3*3252 per centum ; *

(1) in the case of outlay incurred alter the financial year 1916- 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.

iks tiOVT. OP INDIA ACT

23. The Governor General in Council may at any time rwalye 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.

?7. 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 s ubjects.

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

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 which shall be aligned to each cl:ws of suhj< ct.

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 the 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 province for the , re port 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.

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

(#) Immediately 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 : and 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- ture for which it is proposed to make provision in the estimate**,

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

11. Savings Banks.

15. Department of the Comptroller and Auditor General

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.

22. Stores and Stationery,

23. Control of petroleum and explosives. 21. .Geological survey.

25. 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.

2G. Botanical survey.

27. Inventions and designs.

28. Copyright.

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 (including observatories) and for professional or technical training or promotion of special studies.

31. Ecclesiastical administration, including European cemeter* ios.

35. Survey of India.

36. Archeology.

37. Zoological survey.

38. Meteorology.

39. Census and Statistics,

40. All-India Services.

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 among provincial subjects under Part II of this Schedule,

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 o ducal ion,

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. Pilgrimages within British India.

5; 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 JO 19

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. 0. 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 administration of the province ; and care of 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) tramways within municipal areas ; 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.

7. 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 ;

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

of land revenue ; and (g) management of Government estates,

9. 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 property ; — 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.

26. Industrial matters included under the following heads, namely : —

((/) factories;

(b) settlement of labour disputes ;

(c) electricity;

(d) boilers ;

(e) gas ;

(/) smoke nuisances ; and

(?) welfare of labour including provident funds, industrial in- surance (general, health and accident) and housing ;-~- subject as to heads (a), (b), (c), (rf) and (</) to legislation by the Indian legislature.

27. Adulteration of foodstuffs ar.d other articles ; subject to legis. lation by the Indian legislature as regards import and export trade.

28. Weights and measures ; subject to legislation by the Indian legislature as regards standards.

29. Ports, except such ports as may be declared by rule made by the Governor General in Council or by or under Indian legislation to be major ports.

30. Inland waterways including shipping and navigation there- on so. far as not declared by the Governor General in Council to bo central subjects, but subject as regards inland steam- vessels to legis- lation by the Indian legislature.

31. Police, including railway police ; subject in the case of railway police to such conditions as regards limits of jurisdiction and railway contributions to cost of maintenance as the Governor General in Council may determine.

32. The following miscellaneous matters, namely :— (a) regulation of betting and gambling ;

(I) prevention o! cruelty to animals ;

(c) protection of wild birds and animals ;

(d) control of poisons ;— subject to legislation by the Indian lagi

lature ;

SUBJECTS

{e) control of motor vehicles, — subject to legislation by the Indian legislature as regards licences valid throughout British India ; and

(/) control of dramatic .performances and cinematographs, sub- ject to legislation by the Indian legislature in regard to sanction of films for exhibition.

33. Control of newspapers, books and printing presses ; subject, to legislation by the Indian legislature.

34. Coroners.

35., Excluded Areas.

3(5. Criminal tribes; subject to legislation by tho Indian j legislature.

37. European vagrancy ; subject/ to legislation by the Indian legislature.

38. Prisons, prisoners (except State prisoners) and re forma torios ; subject to legislation by the Indian legislature.

39. Pounds and prevention of cattle trespass,

40. Treasure trove.

41. Libraries (except tho Imperial Library) and muse'ims (except tho Indian Museum, tho Imperial War Museum and 1 1m Victoria Memoral, Calcutta) and Zoological Gardens.

42. Provincial Government Presses.

43. Elections for Indian and provincial legislature, subject to rules framed under sections 64 (/) and 72 A (4) of tho Act.

44. Regulation of medical and other professional qualifications and standards ; subject to legislation by tho Indian legislature.

45. Local Fund Audit, that is to say, the audit by Government agency of income and expenditure controlled by local bodies.

46. Control, as defined by rule 10, of members • of all-India and provincial services serving within the province, and control, subject lo legislation, by the Indian legislature, of other public services within the province.

47. Sources of provincial revenue, not included under previous heads, weather —

(a) taxes included in the Schedules to the Scheduled Taxes Rules, or

(b) taxes, not included in those Schedules, which are imposed by or under provincial legislation which has received tho previous sanction of the Governor General.

48. Borrowing of money on the sole credit of the province, subject to the provsions of ^hp Local Government (Borrowing) Rules,

49. Imposition by legislation of punishments by fine, penalty or imprisonment, for: enforcing atiy law of the province relating to any provincial subject ; subject to legislation by the Indian legis-

17

130 QOVT: OF INDIA ACT

lature in the cage of any subject in respect of which such a limitation is imposed under these rutoa.

50* Any matter which though falling within a central subject is declared by the Governor General in Council to be of a merely local or private nature within the province.

SCHEDULE 11.

SEE RULE 6 ABOVE.

LIST OF PROVINCIAL SUBJECTS FOR TRANSFER. Column I. Column II.

1. Local si/lf-Government, that is to say, matters relating to the constitution and powers of munici- pal corporations, improvement trusts, district boards, mining boards of health and other local auf'hotitieb est.ibl tolled iu the province for purposes of local self-Governm -lit, exclusive of matters arising under t ho cantonm -nts Act, U>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 ; provided thnt —

Ca) the following subjects shall be excluded namely :— ('0 the Denates Hindu TniverRity an«l 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) Chief b* 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

All Governors' Provinces.

Ditto. Ditto.

Ditto.

All Governors1 I*rovinces,

PROVINCIAL SUBJECTS FOtt TllANSFEll t3l

0. Public Works included under the following heads, All Governor*,' namely : — provinces, except

Abbam.

(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 tlu»w 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 tlu1 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 or requiring such buildings ; and care of hibtori- cal monuments, with the exception of ancient monuments as defined in section 2 (I) of the ancient Monuments Preservation Act, 1004, 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 ;

(b) roads, bridges, ferries, tunnels, ropeways and causeways, and other means of communication, subject to such condition, as regards control over 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) tramways within municipal area* ; ami

(d) light and feeder railways anil extra municipal All !<lon-rnoiV tramways in so far as provision for their construe* provinces, <-xc< pt tioii and management is made by provincial legislation ; subject to legislation by the Indian legislature in the case of any ouch railway or tramway which is in physical connection with a main line or • is built on the same gauge as an ftdiecent mainline.

132 GOH'.'OF INDIA ACT

7. Agriculture, including research institutes, cxperi- All Governor^'

mental and demonstration farms, introduction of provinces, improved methods, provision for agricultural edu- cation, protection against destructive insects and pests ant I prevention

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