for ap dent of 45.-(1) Whenever the Governor-General in Council de- Provision clares that it is expedient that the governor-general should pointment of presivisit any part of India, unaccompanied by his council, the Governor-General in Council may appoint some member council. of the council to be president of the governor-general's Vict. c. 67, s. 6.] council during the time of the visit. (2) The president of the governor-general's council has, during his term of office, the powers of the governorgeneral at ordinary meetings of the governor-general's council (a). (a) The object of this section is to make provision for the current business of Government during the temporary absence of the governorgeneral. The last occasion on which it was put in force was Lord Dufferin's visit to Burma after the annexation of Upper Burma. In such cases the governor-general retains his own powers under s. 47 (1). This power is not exercised on the occasion of the viceroy's ordinary annual tour. [24 & 25 for ab governor 46. If the governor-general, or the president of the Provision governor-general's council, is obliged to absent himself from sence of any ordinary meeting of the governor-general's council by general, indisposition, or any other cause, and signifies his intended or presiabsence to the council, the senior ordinary (a) member for meetings the time being present at the meeting presides thereat, with [24 & 25 the like powers as the governor-general would have had, present. dent, from of council. if Vict. c. Provided that if the governor-general, or president, is at the time resident at the place where the meeting is assembled, and is not prevented by indisposition from signing any act of council made at the meeting, the act requires his signature ; but if he declines or refuses to sign it, the like provisions have effect as in cases where the governor-general, when present, dissents from a majority of the meeting of the council (b). (a) The word 'ordinary' is not in the Act of 1861, but is probably implied. (b) See s. 44. 67, s. 7.] 47.-(1) In any case where a president of the council Powers of may be appointed, the Governor-General in Council may general in governor absence from Council. [33 Geo. III, c. 52, ss. 54, 55. 24 & 25 Vict. c. 67, s. 6.] by order authorize the governor-general alone to exercise, in his discretion, all or any of the powers which might be exercised by the Governor-General in Council at ordinary meetings (a). (2) The governor-general during absence from his council may, if he thinks it necessary, issue, on his own responsibility, any order which might have been issued by the GovernorGeneral in Council to any local Government, or to any officers or servants of the Crown acting under the authority of any local Government, without previously communicating the order to the local Government, and any such order is of the same force as if made by the Governor-General in Council, but a copy of the order must be sent forthwith to the Secretary of State in Council and to the local Government, with the reasons for making the order. (3) The Secretary of State in Council may by order suspend until further order all or any of the powers of the governorgeneral under the last foregoing sub-section, and those powers will accordingly be suspended as from the time of the receipt by the governor-general of the order of the Secretary of State in Council (b). (a) This provision supplements s. 45. (b) The provisions of sub-sections (2) and (3) are reproduced from ss. 54 and 55 of the Act of 1793 (33 Geo. III, c. 52). But those sections were enacted in circumstances very different from those of the present time, and are practically superseded by the enactment reproduced in sub-section (1). Restriction on power of General in War and Treaties. 48.-(1) (a) The Governor-General in Council may not, without the express command of the Secretary of State in Governor Council, in any case (except where hostilities have been Council actually commenced, or preparations for the commencement of hostilities have been actually made against the British Government of India or against any prince or State dependent thereon, or against any prince or State whose territories His Majesty has engaged by any subsisting treaty to defend or to make war or treaty. 8. 42.] guarantee) either declare war or commence hostilities or enter into any treaty for making war against any prince or State in India, or enter into any treaty for guaranteeing the possessions of any such prince or State. (2) In any such excepted case the Governor-General in Council may not declare war or commence hostilities or enter into a treaty for making war against any other prince or State than such as is actually committing hostilities or making preparations as aforesaid, and shall not make a treaty for guaranteeing the possessions of any prince or State except on the consideration of that prince or State actually engaging to assist His Majesty against such hostilities commenced or preparations made as aforesaid. (3) When the Governor-General in Council commences any hostilities or makes any treaty, he must forthwith communicate the same, with the reasons therefor, to the Secretary of State. (a) This section first appeared in Pitt's Act of 1784 (24 Geo. III, sess. 2, c. 25, s. 34), and was preceded by the preamble :- Whereas to pursue schemes of conquest and extension of dominion in India are measures repugnant to the wish, the honour, and policy of this nation.' (See above, p. 64.) It was re-enacted, with the preamble, by s. 42 of the Act of 1793, and, as so re-enacted, is still on the statute book. It is of historical interest as an expression of the views with which the expansion of the territorial possessions of the East India Company was regarded in the eighteenth century, but as it relates only to hostilities against and treaties with the country princes or States in India,' it is no longer of practical importance. The last provision, though expressed in general terms, obviously refers to the hostilities and treaties referred to in the preceding part. PART V. LOCAL GOVERNMENTS. General. of local 49.-(1) Every local Government (a) must obey the orders of Relation the Governor-General in Council, and keep him constantly Governand punctually informed of its proceedings, and is under ments to Governorhis superintendence and authority in all matters relating to General the administration of its province. in Council. [13 Geo. III, c. 63, 8. 9. (2) No local Government may make or issue any order for commencing hostilities or levying war, or negotiate or conclude any treaty of peace or other treaty with any Indian prince or State (except in cases of sudden emergency or imminent 41, 43, 44. danger when it appears dangerous to postpone such hostilities 3 & 4 Will. IV, c. 85, or treaty), unless in pursuance of express orders from the ss. 65, 67.1 Governor-General in Council or from the Secretary of State, III, c. 52, ss. 24, 40, Governments of Madras and Bombay. [33 Geo. III, c. 52, S. 24. 3 & 4 Will. IV, c. 85, ss. 56, 57. 21 & 22 Vict. c. and every such treaty must, if possible, contain a clause subjecting the same to the ratification or rejection of the Governor-General in Council. (3) The authority of a local Government is not superseded by the presence in its province of the governor-general (b). (a) The expression 'local Government' is defined by s. 124 to mean a governor in council, lieutenant-governor, or chief commissioner. By the Indian General Clauses Act (X of 1897) it is defined to mean the person authorized by law to administer executive government in the part of British India in which the Act containing the expression operates, and to include a chief commissioner. As to the existing local Governments, see above, p. 114. (b) This section reproduces enactments which applied to the Governments of Madras and Bombay, and were passed with the object of maintaining proper control by the Government of Bengal over the Governments of the two other presidencies. Of course the circumstances of the present day are widely different. Some of the provisions of the enactments reproduced are omitted, as having been made unnecessary by the existence of telegraphic communications, and by other alterations of circumstances. For instance, it has not been considered necessary to reproduce the power of the governor-general to suspend a local Government. Governments of Madras and Bombay. 50.—(1) The provinces (a) of Fort St. George and Bombay are, subject to the provisions embodied in this Digest (b), administered by the Governors in Council of Madras and Bombay respectively, and are in this Digest referred to as the provinces of Madras and Bombay respectively. (2) The governors of Madras and Bombay are appointed by His Majesty by warrant under the Royal Sign Manual (c). (3) The Secretary of State may, if he thinks fit, by order, 106, s. 29.] revoke or suspend, for such period as he may direct, the appointment of a council for either or both of those provinces, and whilst any such order is in force the governor of the province to which the order refers has all the powers of the Governor thereof in Council (d). (a) It seems desirable to avoid the term 'presidency,' which dates from a time when British India was divided into three presidencies. But the Governments of Madras and Bombay occupy a position different from and superior to that of the other local Governments. The governor is appointed by the Crown, and not by the governor-general; he is assisted by an executive council, and he retains the right of communicating directly with the Secretary of State (above, s. 15). (b) e. g. to the control of the governor-general. (c) Before the Act of 1858 the appointments were made by the Court of Directors with the approval of the Crown. (d) This power was given by the Act of 1833, but has never been exercised. members 51. (1) The ordinary (a) members of the councils of the Ordinary governors of Madras and Bombay are appointed by His of counMajesty by warrant under the royal sign manual. cils. SS. 24, 25. [33 Goo. (2) The number of the ordinary members of each of the said III, c. 52, councils is such number not exceeding three as the Secretary 3 & 4 of State directs (b). Will. IV, c. 85, ss. 97, s. 8.] (3) Every ordinary member of the said councils must be 56, 57. 32&33 a person who at the time of his appointment has been for Viet. c. at least twelve years in the service of the Crown in India (c). (4) Provided that if the commander-in-chief of His Majesty's forces in India (not being likewise governorgeneral) happens to be resident at Madras or Bombay he is, [33 Geo. III, c. 52, during his continuance there, a member of the governor's council (d). (a) The commanders-in-chief of the Madras and Bombay armies might be appointed, and, in fact, were always appointed, extraordinary members of the Madras and Bombay Councils. But these offices were abolished by the Madras and Bombay Armies Act, 1893 (56 & 57 Vict. c. 62). The term 'ordinary' is used in this section by way of distinction from additional or legislative members (see s. 60). (b) The number was reduced from three to two in 1833, and is now two. (c) The qualification under 33 Geo. III, c. 52, s. 25, is twelve years' residence in India in the service of the East India Company. The 8. 33.] |