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GOVERNMENT OF INDIA ACT, 1912
6 of 1912
25th June, 1912
An Act to make such amendments in the Law relating to the Government. of India as are consequential on the appointment of a separate Governor of Port William in Bengal, and other administrative changes in the local government of India. Whereas His Majesty has been pleased to appoint a Governor of the Presidency of Fort William in Bengal as delimited by a proclamation made by the Governor-General in Council and dated the twenty-second day of March nineteen hundred and twelve: And whereas the Governor-General in Council by two further proclamations of the same date has constituted a new province under a Lieutenant- Governor, styled the province of Bihar and Orissa, and has taken the province of Assam under the immediate authority and management of the Governor- General in Council: And whereas it is expedient to declare what powers are exerciseable by the Governor and Governor in Council of the' presidency of Fort William in Bengal and to make other .provisions with respect to the administrative changes effected as aforesaid: Be it therefore enacted by the King's Most Excellent Majesty, by arid with the .advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, any by the authority of the same, as follows:-
SECTION 01:
(1) It is hereby declared that the Governor and Governor in Council of the presidency of Fort William in Bengal shall, within that presidency as so delimited as aforesaid, have all the rights, duties, functions, and immunities which the Governors and Governors in Council of the presidencies of Fort St. George and Bombay respectively possess, and all enactments relating to the Governors of those presidencies and the councils (whether for executive or legislative purposes) thereof and the members of those Councils shall apply accordingly to the Governor of the presidency of Fort William in Bengal, and his Council and the members of that Council: Provided that-
(a) if the Governor-General in Council reserves to himself any powers now exercisable by him in relation to the presidency of Fort William in Bengal, those powers shall continue to be exercisable by the Governor-General in Council in the like manner and to the like extent as heretofore; and
(b) it shall not be obligatory to nominate the advocate-general of the presidency of Fort William in Bengal or any officer acting in that capacity to be a member of the Legislative Council of the Governor of that presidency.
(2) The power of the Governor-General in Council under section one of the Indian Presidency Towns Act, 1815, to extend the limits of the town of Calcutta shall be transferred to the Governor in Council of the presidency of Fort William in Bengal.
SECTION 02: PROVISIONS AS TO THE PROVINCE OF BIHAR
-The provisions of sub- section (1) of section three of the Indian Councils Act, 1909(which relate to the constitution of provincial executive councils), shall apply to the province of Bihar and Orissa in like manner as they applied to the province of the Bengal division of the presidency of Fort William.
SECTION 03: CREATION OF LEGISLATIVE COUNCILS OF CHIEF COMMISSIONERS
-It shall be lawful for the Governor-General in Council by proclamation to extend, subject such modifications and adaptations as he may consider necessary, the provisions of the Indian Councils Acts, 1861toIndian Councils Acts, 1909, touching the making of laws and regulations for the peace and good government of provinces under Lieutenant-Governors (including the provisions as to the constitution of Legislative Councils for such provinces and the business to be transacted therein) to any territories for the time being under a Chief Commissioner, and where such provisions have been applied to any such territories the proviso to section three of the Government of India 'Act, 1854(which relates to the alteration of laws and regulations in such territories), shall not apply to those territories.
SECTION 04: AMENDMENT AND REPEAL OF ACTS AND SWING
(1) The enactments mentioned in Parti of the Schedule to this Act shall have effect subject to the amendments therein specified, and section fifty-seven of the East India Company Act, 1793, and section seventy-one of the Government of India Act, 1833(which relate to the filling up of vacancies in the Indian Civil Service), and the other enactments mentioned in Part II of that Schedule are hereby repealed.
(2) Nothing in this Act or in the said recited proclamations shall affect the power of the Governor-General in Council of making new distributions and arrangements of territories into and among the various presidencies and Lieutenant-Governorships, and it is hereby declared that the said power extends to territories under the immediate authority and management of the Governor-General in Council as well as to territories subject to the several presidencies and Lieutenant-Governorships.
SECTION 05: SHORT TITLE AND COMMENCEMENT
-This Act may be cited as the Government of India Act, 1912, and shall come into operation on such day as the Governor-General in Council, with the approval of the Secretary of State in Council, may appoint.
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