Power to lationized' tracts. The main object of the Scheduled Districts Act, 1874 (XIV of 1874), was to provide a method of removing these doubts by means of notifications to be issued by the Executive Government. The preamble refers to the fact that various parts of British India had never been brought within, or had from time to time been removed from, the operation of the general Acts and regulations, and the jurisdiction of the ordinary Courts of Judicature'; that 'doubts had arisen in some cases as to which Acts or regulations were in force in such parts, and in other cases as to what were the boundaries of such parts'; and that it was expedient to provide readier means for ascertaining the enactments in force in such territories and the boundaries thereof, and for administering the law therein.' The Act then proceeds to specify and constitute a number of deregulationized tracts as 'scheduled districts,' to give the power of declaring by notification what enactments are, or are not, actually in force in any scheduled district, and to provide for extending by notification to any 'scheduled district,' with or without modifications or restrictions, any enactment in force in any part of British India at the date of the extension. The Act also gives powers to appoint officers for the administration of a scheduled district, and to regulate their procedure and the exercise of their powers therein, and also to settle questions as to the boundaries of any such tract. A large number of declaratory and extending notifications have been issued under the Act. Every district to which 33 Vict. c. 3, s. 1 (reproduced by this section of the Digest), is made applicable thereupon becomes by virtue of s. I of the Indian Scheduled Districts Act, 1874 (XIV of 1874), a scheduled district within the meaning of that Act and of the Indian General Clauses Act, 1897 (X of 1897, s. 3 (49) ). The Scheduled Districts Act, 1874, is immediately followed in the Indian Statute Book by the Laws Local Extent Act, 1874 (XV of 1874), the object of which is to remove doubts as to the application of certain enactments to the whole or particular parts of British India. This Act also uses the expression 'scheduled districts,' but in a sense which has in the course of time become different from that in which the term is used in the Scheduled Districts Act. The lists of scheduled districts appended to the two Acts were originally identical, but since 1874 Acts have been passed which have amended or partially repealed the list in Act XIV, but have not in all cases made corresponding alterations in the list annexed to Act XV. Moreover, certain regions not included in the original schedule have, by reason of the application to them of 33 Vict. c. 3, s. 1, become ipso facto scheduled districts. The Legislative Department of the Government of India has published lists of the territories which are deregulationized," "scheduled," and subject to the statute 33 Vict. c. 3, s. 1, respectively.' 66 69. The governor-general may in cases of emergency make and promulgate ordinances for the peace and good nances in government of British India, or any part thereof, and any make ordi emer Vict. c. ordinance so made has, for such period not exceeding six cases of months from its promulgation as may be declared in the gency. notification, the like force of law to a law made by the [24 & 25 Governor-General in Council at a legislative meeting; but 67, s. 23.] the power of making ordinances under this section is subject to the like restrictions as the power of making laws at legislative meetings; and any ordinance made under this section is subject to the like disallowance as a law passed at a legislative meeting, and may be controlled or superseded by any such law. The power given by this section has rarely been exercised, and should be called into action only on urgent occasions. The reasons for a resort to it should always be recorded, and these, together with the Ordinance itself, should be submitted without loss of time to His Majesty's Government. Local Legislatures. of local 70. The Governor of Madras in Council, the Governor Meaning of Bombay in Council, the Lieutenant-Governors in Council, legisof Bengal, the United Provinces of Agra and Oudh, the latures. [See 55 & Punjab, Burma, and Eastern Bengal and Assam, and any 56 Vict. c. 14, s. 6.] local legislature which may be hereafter constituted in pursuance of the Indian Councils Act, 1861, are local legislatures 24 & 25 Vict. c. 67. within the meaning of this Digest. This section follows substantially the definition of 'local legislature' in the Indian Councils Act, 1892 (55 & 56 Vict. c. 14, s. 6), with the modifications required by the local legislatures constituted since its passing. tion of 71.-(1) (a) The legislative powers of the Governor of ConstituMadras in Council and the Governor of Bombay in Council legisare exercised at legislative meetings of their respective lative councils. council and [24 & 25 Vict. c. 67, 88. 29, 30. (2) For the exercise of those powers the governors of Bombay. Madras and Bombay respectively must nominate persons resident in India to be additional members of their councils. (3) The number of the additional members of each of the said councils (besides the advocate-general of the province 55 & 56 Vict. c. 14, Ss. I, 4.] Procedure at legis or officer acting in that capacity) is such as to the governors of Madras and Bombay respectively from time to time seems expedient, but must be not less than eight nor more than twenty (b). (4) The advocate-general or acting advocate-general for the time being of the province must be appointed one of the additional members of the council of the governor of that province. (5) Of the additional members of each of the said councils at least one-half (c) must be persons who are 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. (6) The term of office of an additional member of either of the said councils [other than the advocate-general or acting advocate-general] (d) is two years. (7) An additional member of either of the said councils is entitled to be present at legislative meetings of the council, and at no others. (8) The Governor-General in Council may, with the approval of the Secretary of State in Council, make regulations (e) as to the conditions under which nominations are to be made under this section, and prescribe the manner in which such regulations are to be carried into effect. (a) This section reproduces the provisions of the Act of 1861, as modified by the Act of 1892. (b) The number under the Act of 1861 was not less than four nor more than eight. (c) 'One-half.' Does this include the advocate-general? point does not seem clear. The (d) The words in square brackets probably express the effect of the existing law, but the construction is not clear. (e) The effect of these regulations is summarized above, pp. 119, 120. 72.—(1) At every legislative meeting of the council of lative the Governor of Madras, or of the Governor of Bombay, meetings the governor or some ordinary member of his council, and of councils of Madras at least four other members of the council, must be present. (2) The governor, if present, and in his absence the senior and Bun ordinary member (a) of his council, presides. bay. (3) In case of difference of opinion at any such legislative ss. 34, 36. meeting, the opinion of the majority prevails. (4) In case of an equality of votes, the governor, or in his absence the member presiding, has a second or casting vote. (5) Any such legislative meeting must be held at such time. and place as the governor appoints, and may be adjourned by the governor or by the person presiding at the meeting if so authorized by the governor. 6 (a) The expression in the Act of 1861 is senior civil ordinary member,' and the word 'civil' was perhaps intended to exclude the local commander-in-chief, who, however, was an extraordinary member. If so, the word has become unnecessary since the passing of the Madras and Bombay Armies Act (56 & 57 Vict. c. 62). tion of lative 73.-(1) The members of the councils of the Lieutenant- Constitu Governors of Bengal (a), of the United Provinces of Agra and legisOudh (b), of the Punjab (b), of Burma (b), of Eastern Bengal councils and Assam, and of any lieutenant-governor for whose province of lieutenant-govera local legislature is hereafter constituted, must be such nors. persons resident in India as the lieutenant-governor, with Vict. c. 67, the approval of the governor-general, nominates, subject to ss. 45, 48. 55 & 56 this qualification, that not less than one-third of the members of each council must be persons who are not in the civil or military service of the Crown in India. (2) The number of the members of the councils of the lieutenant-governors of Bengal, the United Provinces of Agra and Oudh, of the Punjab, and of Burma respectively, is such as the Governor-General in Council may from time to time fix by proclamation, but must not be more than twenty for Bengal and not more than fifteen for the United Provinces of Agra and Oudh (c). (3) The number of the members of any other council of a lieutenant-governor constituted for legislative purposes must be that fixed by the notification under which the council is constituted. [24 & 25 Vict. c. 14, s. 1.] Power to constitute (4) The term of office of a member of a lieutenant-governor in council is two years. (5) 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 are to be made under this section, and prescribe the manner in which such regulations are to be carried into effect (d). (a) Section 44 of the Indian Councils Act, 1861, enacted that the Governor-General in Council, so soon as it should appear to him expedient, should, by proclamation, extend the provisions of the Act touching the making of laws and regulations for the peace and good government of the presidencies of Fort Saint George and Bombay to the Bengal division of the Presidency of Fort William, and should specify in such proclamation the period at which such provisions should have effect, and the number of councillors which the lieutenant-governor of the said division might nominate for his assistance in making laws and regulations. Accordingly a legislative council was established for Bengal by proclamation of January 18, 1862. Calcutta Gazette, 1862, pp. 227, 228. (b) By s. 44 of the Indian Councils Act, 1861, the Governor-General in Council was also empowered to extend the provisions of the Act to the territories known as the North-Western Provinces and the Punjab respectively. A legislative council was established for the NorthWestern Provinces and Oudh together (see the powers under the next section), by proclamation of November 26, 1886, and the name of the province for which the council was established was in 1901 altered to the United Provinces of Agra and Oudh. Legislative councils were established for the Punjab and Burma by proclamation of April 9, 1897, and for the province of Eastern Bengal and Assam by proclamation of September 1, 1905. See Act VII of 1905. The number of councillors to be nominated was fixed at nine for the Punjab and Burma respectively, and fifteen for Eastern Bengal and Assam. (c) By the Act of 1892 (55 & 56 Vict. c. 14, s. 1) the Governor-General in Council was empowered to increase by proclamation the number of legislative councillors for Bengal and for the North-Western Provinces and Oudh, subject to the maximum limit of twenty and fifteen. The number for Bengal was, by proclamation of March 16, 1893, fixed at twenty. The number for the North-Western Provinces and Oudh (now the United Provinces of Agra and Oudh) was, by proclamation of the same date, fixed at fifteen. (d) This power was given by the Act of 1892. The regulations are to the same general effect as those for Madras and Bombay. See above, pp. 119, 120. 74.—(1) The Governor-General in Council may, with the previous approval of the Secretary of State in Council, and |