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Council. (2) No local Government may make or issue any order for HII, c. 63, commencing hostilities or levying war, or negotiate or conclude
any treaty of peace or other treaty with any Indian prince or III, c. 52, State (except in cases of sudden emergency or imminent ss. 24, 40, 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,
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(3) The authority of a local Government is not superseded by the presence in its province of the governor-general (6).
(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. Govern- 50.-(1) The provinces (a) of Fort St. George and Bombay ments of Madras are, subject to the provisions embodied in this Digest (6), and Bombay.
administered by the Governors in Council of Madras and [33 Geo.
Bombay respectively, and are in this Digest referred to as the III, c. 52, S. 24. provinces of Madras and Bombay respectively. 3 & 4 Will. IV,
(2) The governors of Madras and Bombay are appointed by c. 85, ss.
His Majesty by warrant under the Royal Sign Manual (c). 56, 57. 21 & 22
(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).
(6) 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.
51.-(1) The ordinary (a) members of the councils of the Ordinary
members governors of Madras and Bombay are appointed by His of counMajesty by warrant under the royal sign manual.
(33 Gco. (2) The number of the ordinary members of each of the said III, c. 52,
ss. 24, 25. councils is such number not exceeding three as the Secretary 3 & 4
Will. IV, of State directs (6).
c. 85, ss. (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 Vict. c.
97, s. 8.] 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.
) , during his continuance there, a member of the governor's 5. 33.) 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).
(6) 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
III, c. 52,
qualification for membership of the governor-general's council is somewhat different (s. 39).
(d) This proviso, which is taken from the Act of 1793, is practically
52.-(1) The councils of the governors of Madras and Bomand legis- bay hold ordinary meetings, that is to say, meetings for lative meetings executive purposes; and legislative meetings, that is to say, of Madras and
meetings for the purpose of making laws. Bombay Councils.
(2) The ordinary members of those councils are entitled to be present at all meetings thereof (a).
(a) This section does not reproduce any specific enactment, but
represents the existing law. Procedure
53. The foregoing provisions of this Digest with respect to in cases of the procedure in case of a difference of opinion between the difference of opinion. governor-general and his council, and in case of the governor133 Geo. III, c. 52, general being obliged to absent himself from his council by 88. 47, 48, indisposition or other cause, apply, with the necessary modi49.]
fications, in the case of a difference of opinion between the Governor of Madras or Bombay and his council, and in the case of either of those governors being obliged to absent himself from his council (a).
(a) See ss. 44 and 46. Section 44 reproduces 33 Geo. III, c. 52, 88. 47-49, as modified by 33 & 34 Vict. c. 3, s. 5. The last enactment applies only to the governor-general's council, but, as will be seen from
the note to s. 44, does not substantially modify the Act of Geo. III. Business
54.-(1) All orders and other proceedings of the Governor of of Gover- Madras in Council and of the Governor of Bombay in Council nor in Council. must be expressed to be made by the Governor in Council, and [33 Geo. III, c. 52,
must be signed by a secretary to the Government of the pro8. 39.
vince, or otherwise as the Governor in Council may direct (a). 53 Geo.
(2) The governors of Madras and Bombay respectively may 8. 79. 24 & 25 make rules and orders for the conduct of business in their Vict. c. 67, s. 28.) respective councils, other than the business at legislative
meetings, and every order made or act done in accordance with such rules and orders is deemed to be the order or the act of the Governor in Council.
III, c. 155,
(a) See note on s. 43.
17 & 18
Lieutenant-Governorships and other Provinces. 55.-(1) The provinces known as Bengal (a), the United LieutenProvinces of Agra and Oudh (6), the Punjab (c), Burma (c) ant-goand Eastern Bengal and Assam (a) are administered by (5 & 6
Will. IV, lieutenant-governors.
c. 52, S. 2.
16 & 17 (2) Every lieutenant-governor of a province in India is
Vict. c. 95, appointed by the governor-general, subject to the approval s.,16. of His Majesty (d).
77, s. 4. (3) A lieutenant-governor must have been, at the time of 21 & 22
Vict. c. his appointment, at least ten years in the service of the Crown 106, s. 29.] in India (e).
(4) The Governor-General in Council may, with the approval of the Secretary of State in Council, declare and limit the extent of the authority of any lieutenant-governor (t).
(a) By s. 16 of the Government of India Act, 1853, the Court of Directors were authorized to declare that the Governor-General of India should not be Governor of the Presidency of Fort William in Bengal, but that a separate governor should be appointed for that presidency, and in that case a governor was to be appointed in like manner as the governors of Madras and Bombay, and the governorgeneral's power of appointing a deputy-governor of Bengal was to
But unless and until a separate governor of the presidency was so constituted, the Governor-General in Council might appoint any servant of the Company who had been ten years in its service in India to be lieutenant-governor of such part of the territories under the Presidency of Fort William in Bengal as, for the time being, might not be under the Lieutenant-Governor of the North-Western Provinces. The project of constituting a new governorship was abandoned, and under the alternative power a lieutenant-governor of the Lower Provinces of Bengal (now commonly known as Bengal) was appointed in 1854. In October, 1905, a new province was formed by detaching the eastern part of Bengal from the rest of the province and uniting it with Assam under a lieutenant-governor. See Act VII of 1905.
(6) The lieutenant-governorship of the North-Western Provinces was of earlier date than the lieutenant-governorship of Bengal, and was constituted under an Act of 1835 (5 & 6 Will. IV, c. 52). The Act of 1833 had directed the division of the Presidency of Bengal into two distinct presidencies, one to be styled the Presidency of Fort William, the other the Presidency of Agra. The Act of 1835 authorized the Court of Directors to suspend these provisions, and directed that during the period of suspension the Governor-General in Council might appoint any servant of the Company who had been ten years in its
service in India ' to the office of Lieutenant-Governor of the NorthWestern Provinces now under the Presidency of Fort William in Bengal,' a designation then appropriate, but since made inappropriate by the annexation of the Punjab. Power was also given to declare and limit the extent of the territories so placed under a lieutenantgovernor, and of the authority to be exercised by him. The arrangements thus temporarily made by the Act of 1835 were continued by the Act of 1853 (16 & 17 Vict. c. 95, S. 15). A lieutenant-governor of the North-Western Provinces was first appointed by notification, dated February 29, 1836 (Calcutta Gazette for March 2, 1836, second supplement). This notification merely gave the lieutenant-governor the powers of the Governor of Agra, and those powers, as defined by 3 & 4 Will. IV, c. 85, did not include any of the powers of the GovernorGeneral in Council under the Bengal Regulations. The power given by the Act of 1835 to define the authority of the lieutenant-governor is probably superseded by the powers under 17 & 18 Vict. c. 77, s. 4.
The Lieutenant-Governor of the North-Western Provinces used to be also Chief Commissioner of Oudh. In 1901, when the North-West Frontier Province was constituted, the old North-Western Provinces were united with Oudh under a lieutenant-governor, and the two provinces were designated the United Provinces of Agra and Oudh. The union was confirmed by Act VII of 1902.
(c) Section 17 of the Act of 1853 (16 & 17 Vict. c. 95) enacts that :* It shall be lawful for the Court of Directors of the said Company, under such direction and control, if and when they think fit, to constitute one new presidency within the territories subject for the time being to the government of the said Company, and to declare and appoint what part of such territories shall be subject to the government of such new presidency; and unless and until such new presidency be constituted as aforesaid, it shall be lawful for the said Court of Directors, under such direction and control as aforesaid, if and when they think fit, to authorize (in addition to such appointments as are herein before authorized to be continued and made for the territories now and heretofore under the said Presidency of Fort William) the appointment by the said Governor-General in Council of a lieutenantgovernor for any part of the territories for the time being subject to the government of the said Company, and to declare for what part of the said territories such lieutenant-governor shall be appointed, and the extent of his authority, and from time to time to revoke or alter any such declaration.'
The power of constituting a new presidency was not exercised, but that of appointing a new lieutenant-governor was exercised in 1859 by the appointment of Sir John Lawrence as Lieutenant-Governor of the Punjab. The rule of construction applied to recent Acts of Parliament by s. 32 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63), does not apply to the Act of 1853, and, apart from this, the power of appointing fresh lieutenant-governors under the Act of 1853 was probably exhausted by the constitution of a lieutenant-governor