dated January 16, 1862). The province of Assam was constituted by removing it under this section from the lieutenant-governorship of Bengal, taking it under the Governor-General in Council, and constituting it a chief commissionership, the regulation district of Sylhet being subsequently added to it in the same manner (Home Department Proclamation, No. 379, February 6, 1874; and Notification No. 380, of same date; also Notification No. 2344 of September 12, 1874). On the other hand, when the chief commissionerships of Oudh, the Central Provinces, and British (now Lower) Burma were constituted out of territories vested in the Governor-General in Council, the procedure was merely the issue of a resolution reciting the reasons for establishing the chief commissionership, defining the territories included in it, and specifying the staff appointed, no reference being made to any statute (Foreign Department letter to Chief Commissioner of Oudh, No. 12, dated February 4, 1856, and Foreign Department Resolution, No. 9, dated November 2, 1861, and No. 212, dated January 31, 1862). In the same way repeated changes have been made by executive orders in the government of the Andaman Islands. The view taken by the Government of India is that the section does not apply to territories already included in a chief commissionership, this description of territory being, according to the practice of the Indian Legislature, always treated as already under the immediate authority and management of the Governor-General in Council, and therefore not capable of being placed under his authority and management by proclamation. A chief commissioner merely administers territory on behalf of the Governor-General in Council, and the GovernorGeneral in Council does not divest himself of any of his powers in making over the local administration to a chief commissioner. Although, however, the territory comprised in a chief commissionership may be technically under the immediate authority and management of the Governor-General in Council, yet the chief commissioner would ordinarily be the local Government within the meaning of Act X of 1897, s. 3 (29), and he is defined as a local Government by this Digest. The result appears to be— (1) The section must be used when it is desired to transfer the administration of territory from a governor in council, or a lieutenant-governor in council, or a lieutenant-governor to a chief commissioner; (2) The section need not be used, and is not ordinarily used, when the administration of territory already under the administration of the Governor-General in Council is transferred from one local agency to another. Power to transfer from a chief commissionership to a presidency or lieutenant-governorship has now been declared to exist by s. 4 (2) of the Government of India Act, 1912. The transfer of territory under the section reproduced does not change Power to alter limits of the law in force in the territory (see below, s. 58). Consequently sup. plemental legislation will usually be necessary. 57. The Governor-General in Council may, by notification in the Gazette of India, declare, appoint, or alter the bounprovinces. daries of any of the provinces into which British India is [3 & 4 Will. IV, for the time being divided, and distribute the territories of c. 85, s.. British India among the several provinces thereof in such manner as may seem expedient, subject to these qualifications, namely― 38. 28 & 29 Vict. c. 17, ss. 4, 5. (1) An entire district may not be transferred from one province to another without the previous sanction of the Crown, signified by the Secretary of State in Council; and (2) Any notification under this section may be disallowed by the Secretary of State in Council (a). (a) This section is intended to reproduce the effect of the following enactments: 3 & 4 WILL. IV, c. 85, s. 38. 'It shall be lawful for the said Court of Directors, under the control by this Act provided, and they are hereby required, to declare and appoint what part or parts of any of the territories under the government of the said Company shall from time to time be subject to the government of each of the several presidencies now subsisting or to be established as aforesaid, and from time to time, as occasion may require, to revoke and alter, in the whole or in part, such appointment, and such new distribution of the same, as shall be deemed expedient.' 28 & 29 VICT. c. 17, ss. 4, 5. 'It shall be lawful for the Governor-General of India in Council from time to time to declare and appoint, by proclamation, what part or parts of the Indian territories for the time being under the dominion of Her Majesty shall be or continue subject to each of the presidencies and lieutenant-governorships for the time being subsisting in such territories, and to make such distribution and arrangement, or new distribution and arrangement, of such territories into or among such presidencies and lieutenant-governorships as to the said GovernorGeneral in Council may seem expedient. 'Provided always, that it shall be lawful for the Secretary of State in Council to signify to the said Governor-General in Council his dis allowance of any such proclamation. And provided further, that n such proclamation for the purpose of transferring an entire zillah o. district from one presidency to another, or from one lieutenant-governorship to another, shall have any force or validity until the sanction of Her Majesty to the same shall have been previously signified by the The power given by the Indian Councils Act, 1861 (24 & 25 Vict. c. 67, s. 47), would appear from the context to be intended to be exercised for legislative purposes only, and is therefore reproduced below, s. 74. That given by the Act of 1865 (28 & 29 Vict. c. 17, s. 4) is wider. The Government of India were advised in 1878 that the Act of 1865 enables the Governor-General in Council to transfer territory from a chief commissionership to a presidency or lieutenant-governorship, but does not allow the converse. Parliament, it was thought, having enacted 17 & 18 Vict. c. 77, s. 3, must be taken to have been aware of the existence of territories called chief commissionerships, and to have deliberately omitted any mention of these in the Act of 1865. Power to transfer from a chief-commissionership to a presidency or lieutenantgovernorship, or the converse, has now been declared to exist by s. 4 (2) of the Government of India Act, 1912. On April 24, 1883, a proclamation was issued under 28 & 29 Vict. c. 17, s. 4, placing the villages of Shaikh-Othman and Imad, near Aden, under the Government of Bombay. The section has since then been applied to Perim. 58. An alteration in pursuance of the foregoing provisions of the mode of administration of any part of British India, or of the boundaries of any part of British India, does not affect the law for the time being in force in that part. The power to take territory under the immediate authority of the Governor-General in Council (reproduced by s. 56 above) is qualified by the proviso that no law or regulation in force at any such time as regards any such portions of territory shall be altered or repealed except by law or regulation made by the Governor-General of India in Council (17 & 18 Vict. c. 77, s. 3). That proviso does not apply to chief commissionerships which have legislative councils (2 & 3 Geo. V, c. 6, s. 3). The power to fix the limits of a province given by 24 & 25 Vict. c. 67, s. 47, and reproduced by s. 57 above, is qualified by a similar proviso, that any law or regulation made by the Governor or Lieutenant-Governor in Council of any presidency, division, province, or territory shall continue in force in any part thereof which may be severed therefrom by any such proclamation, until superseded by law or regulation of the Governor-General in Council, or of the governor, or Lieutenant-Governor in Council of the presidency, division, province, or territory to which such parts have become annexed.' The power exercisable under 28 & 29 Vict. c. 17, s. 4, is not qualified by a similar proviso. Saving as to laws. [17 & 18 Vict. c. 77, 8. 3. 24 & 25 Vict. c. 67, s. 47.] extend 59. The Governor of Bengal in Council, the Governor of Power to Madras in Council, and the Governor of Bombay in Council, boun may, with the approval of the Secretary of State in Council, extend the limits of the towns of Calcutta, Madras, and Bombay respectively; and any Act of Parliament, letters patent, charter, law, or usage conferring jurisdiction, power, or authority within the limits of those towns respectively will have effect within the limits as so extended. This power, which was given by an Act of 1815, appears to be still in force, and not to be superseded by the later enactments reproduced above. Additional PART VI. INDIAN LEGISLATION. Legislation by Governor-General in Council. 60.-(1) For the purposes of legislation, the governor members general nominates and various bodies elect persons resident of council in India to be additional members of his council (a). for legislative purposes. [24 & 25 (2) The maximum number of the additional members of the governor-general's council is such as to the governorVict. c. 67, general from time to time seems expedient, but must be not greater than sixty (b). Ss. 9, 10, II. 33 & 34 Vict. c. 3. S. 3. C. 14, SS. (3) At least one-half of the additional members of the 9Edw. VII, governor-general's council must be persons not in the civil or military service of the Crown in India, and if any such additional member accepts office under the Crown in India his seat as an additional member thereupon becomes vacant. 1,6.] (4) The term of office of an additional member of the governor-general's council is three years (c). (5) When and so long as the governor-general and his council are in a province administered by a lieutenantgovernor or chief commissioner, that lieutenant-governor or chief commissioner is an additional member of the council, in excess, if necessary, of the maximum number hereinbefore specified of additional members. (6) The additional members of the governor-general's council are entitled to be present at the legislative meetings of the council, and at no other. (7) The Governor-General in Council must, with the approval of the Secretary of State in Council, make regulations as to the conditions under which and manner in which nominations and elections may be made in accordance with this section, and prescribe the manner in which such regulations are to be carried into effect (d). (a) The Legislative Council of the Government of India is an expansion of the Governor-General's executive council. Its cumbrous statutory description is 'the Governor-General in Council at meetings for the purpose of making laws and regulations,' but it is referred to in the Indian Councils Act, 1909, and is usually described, as the Legislative Council of the Governor-General. It was constituted by the Indian Councils Act, 1861, in supersession of the legislative body established under the Act of 1853, and its constitution was modified by the Indian Councils Act, 1892 (55 & 56 Vict. c. 14), and again by the Act of 1909 and the regulations made under it. The qualification of residence in India was added by the Act of 1892 and continued by the Act of 1909. . (b) The number under the Act of 1861 was not less than six nor more than twelve. It was increased by the Act of 1892 and again by the Act of 1909. (c) The ten is ordinarily three years; but official members and those nominated as experts hold office for three years or such shorter period as the Governor-General may fix, and members elected to fill casual vacancies serve only for the unexpired portion of their predecessors' term of office. See Regulation X of 1912, made under the Indian Councils Act, 1909. (d) As to the effect of these regulations, see above, p. 112 and Appendix V. places of 61.—(1) The legislative meetings of the governor-general's Times and council are held at such times and places as the Governor- legislative General in Council appoints (a). meetings. [24 & 25 Vict. c. (2) Any such meeting may be adjourned by the governor- 67, s. 17.] general in council, or by the person presiding at the meeting if so authorized by the governor-general in council (b). (a) In practice the meetings are held at Delhi and Simla. There are no legislative sessions, but meetings are held whenever it is considered convenient. A Bill remains in life until it is passed or withdrawn, or is treated under the rules of business as dropped. All the Acts passed in any one calendar year are numbered in consecutive order (Act I of 1897 and so on). (b) It would be more convenient to make the power of adjournment exercisable by the person presiding, without further authority. |