(2) The governor, if present, and in his absence the senior and Buni 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. (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. [24 & 25 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. 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 Vict. c. by notification in the Gazette of India, constitute a new new local legislaprovince for legislative purposes, and, if necessary, appoint tures. a lieutenant-governor for any such province, and constitute [24 & 25 the Lieutenant-Governor in Council of the province, as from 67, ss. 4649.] a date specified in the notification, a local legislature for that province, and fix the number of the lieutenant-governor in Council, and define the limits of the province for which the Lieutenant-Governor in Council is to exercise legislative powers. (2) Any law made by the local legislature of any province shall continue in force in any part of the province severed therefrom in pursuance of this section until suspended by a law of the governor-general or of the local legislature to whose province the part is annexed (a). (a) This section is intended to give the effect of the existing enactments in the Act of 1861 (24 & 25 Vict. c. 67, ss. 46-49), which run as follows: : '46. It shall be lawful for the governor-general, by proclamation as aforesaid, to constitute from time to time new provinces for the purposes of this Act, to which the like provisions shall be applicable; and, further, to appoint from time to time a lieutenant-governor to any province so constituted as aforesaid, and from time to time to declare and limit the extent of the authority of such lieutenantgovernor, in like manner as is provided by the Government of India Act, 1854, respecting the lieutenant-governors of Bengal and the North-Western Provinces. 47. It shall be lawful for the Governor-General in Council, by such proclamation as aforesaid, to fix the limits of any presidency, division, province, or territory in India for the purposes of this Act, and further by proclamation to divide or alter from time to time the limits of any such presidency, division, province, or territory, for the said purposes. Provided always, 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 may become annexed. '48. It shall be lawful for every such Lieutenant-Governor in Council thus constituted to make laws for the peace and good government of his respective division, province, or territory; and, except as otherwise herein before specially provided, all the provisions in this Act contained Procedure at meetings of lieutenant-governor's council. [24 & 25 Vict. c. respecting the nomination of additional members for the purpose of making laws and regulations for the presidencies of Fort Saint George and Bombay, and limiting the power of the Governors in Council of Fort Saint George and Bombay, for the purpose of making laws and regulations, and respecting the conduct of business in the meetings of such councils for that purpose, and respecting the power of the governor-general to declare or withhold his assent to laws or regulations made by the Governor in Council of Fort Saint George and Bombay, and respecting the power of Her Majesty to disallow the same, shall apply to laws or regulations to be so made by any such LieutenantGovernor in Council. '49. Provided always, that no proclamation to be made by the Governor-General in Council under the provisions of this Act, for the purpose of constituting any council for any presidency, division, provinces, or territories herein before named, or any other provinces, or for altering the boundaries of any presidency, division, province, or territory, or constituting any new province for the purpose of this Act, shall have any force or validity until the sanction of Her Majesty to the same shall been have previously signified by the Secretary of State in Council to the governor-general.' It was under these enactments that local legislatures were established for the North-Western Provinces and Oudh (1886), for Burma (1897), and for Eastern Bengal and Assam (1905). See Act VII of 1905. The effect of the enactments appears to be that a new lieutenantgovernorship cannot be created unless a local legislature is created at the same time, as was done in the last two cases mentioned above. - 75. (1) At every meeting of a lieutenant-governor's council the lieutenant-governor, or in his absence the member of the council highest in official rank among those holding office under the Crown, presides. (2) The legislative powers of the council may be exercised 67, s. 45.] only at meetings at which the lieutenant-governor or some other member holding office under the Crown, and not less than one-half of the members of the council, are present. Powers of local legisla ture. [24 & 25 (3) In case of difference of opinion at any meeting of the lieutenant-governor's council, if there is an equality of votes, the lieutenant-governor or other person presiding has a second or casting vote. 76.—(1) The local legislature of any province in India may, subject to the provisions of this Digest, make laws for the peace and good government of the territories for the time Vict. c. 67, being constituting that province (a). 14, s. 5.] (2) The local legislature of any province may, with the ss. 42, 43, 48. previous sanction of the governor-general, but not otherwise, 55 & 56 repeal or amend as to that province any law or regulation made Vict. c. by any authority in India other than that local legislature (b). (3) The local legislature of any province may not, without the previous sanction of the governor-general, make or take into consideration any law (a) affecting the public debt of India, or the customs duties or any other tax or duty for the time being in force and imposed by the authority of the Governor-General in Council for the general purposes of the government of India; or (b) regulating any of the current coin, or the issue of any (c) regulating the conveyance of letters by the post office or (ƒ) affecting the discipline or maintenance of any part of (g) regulating patents or copyright; or (h) affecting the relations of the Government with foreign princes or States. (4) The local legislature of any province has not power to make any law affecting any Act of Parliament for the time being in force in the province (d). (5) Provided that an Act or a provision of an Act made by a local legislature, and subsequently assented to by the governor-general in pursuance of the provisions contained in this Digest, is not to be deemed invalid by reason only of its requiring the previous sanction of the governor-general under this section. (a) The Governor-General in Council has concurrent power to legislate for a province under a local legislature. In practice, however, this power is not, unless under very exceptional circumstances, exercised as to matters within the competency of the local legislature |