Power to alter February 6, 1874; and Notification No. 380, of same date; also 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 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. The transfer of territory under this section does not change the law in force in the territory (see below, s. 58). Consequently supplemental legislation will usually be necessary. 57. The Governor-General in Council may, by notification limits of 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. 38. British India among the several provinces thereof in such manner as may seem expedient, subject to these qualifications, 28 & 29 namely (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 disallowance of any such proclamation. And provided further, that no such proclamation for the purpose of transferring an entire zillah or 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 Secretary of State in Council to the governor-general.' 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, 8. 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, Vict. c. 17, ss. 4, 5.] Saving as s. 47.] Power to extend bounda ries of presidency towns. 155 Geo. III, c. 84, s. 1.] 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. 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). 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. 59. The Governor-General in Council, the Governor of Madras in Council, and the Governor of Bombay in Council 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, charter, law, or usage having effect only 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. PART VI. INDIAN LEGISLATION. Legislation by Governor-General in Council. tional 60. (1) For the purposes of legislation, the governor- Addigeneral nominates persons resident in India to be additional members members of his council (a). of council for legislative purposes. (24 & 25 Vict. c. 67, (2) The number of the additional members of the governorgeneral's council is such as to the governor-general from time to time seems expedient, but must be not less than ten ss. 9, 10, and not greater than sixteen (b). II. 33 & 34 Vict. c. 3, s. 3. 55 & 56 Vict. c. (3) At least one-half of the additional members of the governor-general's council must be persons not in the civil or military service of the Crown in India, and if any such 14, s. 1.] additional member accepts office under the Crown in India his seat as an additional member thereupon becomes vacant. (4) The term of office of an additional member of the governor-general's council is two years. (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 others. (7) The Governor-General in Council may, with the approval of the Secretary of State in Council, make regulations as to the conditions under which nominations may be made in accordance with this section, and prescribe the manner in which such regulations are to be carried into effect (c). (a) The Legislative Council of the Government of India is an expansion of the Governor-General's executive council. Its cumbrous |