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GOVERNMENT OF INDIA ACT, 1915
101 of 1915
An Act to consolidate enactments relating to the government of India. Preamble.
19 & 10 Geo. 5, Ch. 101.1WHEREAS it is the declared policy of Parliament to provide for the increasing association of Indians in every branch of Indian administration, and for the gradual development of self-governing institutions, with a view to the progressive realisation of responsible government in British India as an integral part of the empire: And whereas progress in giving effect to this policy can only be achieved by successive stages, and it is expedient that substantial steps in this direction should now be taken: And whereas the time and manner of each advance can be determined only by Parliament, upon whom responsibility lies for the welfare and advancement of the Indian peoples: And whereas the action of Parliament in such matters must be guided by the co-operation received from those on whom new opportunities of service will be conferred, and by the extent to which it is found that confidence can be reposed in their sense of responsibility: And whereas concurrently with the gradual development of self-governing institutions in the provinces of India it is expedient to give to those provinces in provincial matters the largest measure of independence of the Government of India, which is compatible with the due discharge by the latter of its own responsibilities: Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
SECTION 01: GOVERNMENT OF INDIA BY THE CROWN
-The territories for the time being vested in His Majesty in India are governed by and in the name of His Majesty the King Emperor of India, and all rights which, if the Government of India Act, 1858-, had not been passed, might have been exercised by the East India Company in relation to any territories, may be exercised by and in the name of His Majesty as rights incidental to the government of India.
SECTION 02: THE SECRETARY OF STATE
(1) Subject to the provisions of this Act, the Secretary of State has and performs all such or the like powers and duties relating to the government or revenues of India, and has all such or the like powers over all officers appointed or continued under this Act, as, if the Government of India Act, 1858-, had not been passed, might or should have been exercised or performed bv the East India Company, or by the Court of Directors or Court of Proprietors of that Company, either alone or by the direction or with the sanction or approbation of the Commissioners for the Affairs of India, in relation to that government or those revenues and the officers and servants of that Company, and also all such powers as might have been exercised by the said Commissioners alone.
(2) In particular, the Secretary of State may, subject to the provisions of this Act2[or rules made there under], superintend, direct and control all acts, operations and concerns which relate to the government or revenues of India, and all grants of salaries, gratuities and allowances, and all other payments and charges, out of or on the revenues of India.
3[(3) The salary of the Secretary of State shall be paid out of moneys provided by Parliament, and the salaries of his under-secretaries and any other expenses of his department may be paid out of the revenues of India or out of moneys provided by Parliament.]
SECTION 03: THE COUNCIL OF INDIA
(1) The Council of India shall consist of such number of members, not less than4[eight] and not more than4[twelve], as the Secretary of State may determine:5[Provided that the Council as constituted at the time of the passing of the Government of India Act, 1919, shall not be affected by this provision, but no fresh appointment or re-appointment thereto shall be made in excess of the maximum prescribed by this provision.]
(2) The right of filling any vacancy in the Council shall be vested in the Secretary of State.
(3) Unless at the time of an appointment to fill a vacancy in the Council6[one-half] of the then existing members of the Council are persons who have served or resided in [*]7India for at least ten years, and have not last left [*]8India more than five years .before the date of their appointment, the person appointed to fill the vacancy must be so qualified.
(4) Every member of the Council shall hold office, except as by this section provided, for a term of [five] years:10[Provided that the tenure of office of any person who is a member of the Council at the time of the passing of the Government of India Act, 1919, shall be the same as though that Act had not been passed.]
(5) The Secretary of State may, for special reasons of public advantage, re-appoint for a further term of five years any member of the Council whose term of office has expired. In any such case the reasons for the re-appointment shall be set forth in a minute signed by the Secretary of State and laid before both Houses of Parliament. Save as aforesaid, a member of the Council shall not be capable of re-appointment.
(6) Any member of the Council may, by writing signed by him, resign his office. The instrument of resignation shall be recorded in the minutes of the Council.
(7) Any member of the Council may be removed by His Majesty from his office on an address of both Houses of Parliament.
11[(8) There shall be paid to each member of the Council of India the annual salary of twelve hundred pounds: Provided that any member of the Council who was at the time of his appointment domiciled in India shall receive, in addition to the salary hereby provided, an annual subsistence allowance of six hundred pounds. Such salaries and allowances may be paid out of the revenues of India or out of moneys provided by Parliament.
(9) Notwithstanding anything in any Act or rule, where any person in the service of the Crown in India is appointed a member of the Council before the completion of the period of such service required to entitle him to a pension or annuity, his service as such member shall, for the purpose of any pension or annuity which would have been payable to him on completion of such period, be reckoned as service under the Crown in India whilst resident in India.]
SECTION 04: SEAT IN COUNCIL DISQUALIFICATION FOR PARLIAMENT
-No member of the Council of India shall be capable of sitting or voting in Parliament.
SECTION 05: DUTIES OF COUNCIL
-The Council of India shall, under the direction of the Secretary of State, and, subject to the provisions of this Act, conduct the business transacted in the United Kingdom in relation to the government of India and the correspondence with India. * * *12
SECTION 06: POWERS OF COUNCIL
(1) All powers required to be exercised by the Secretary of State in Council, and all powers of the Council of India, shall be exercised at meetings of the Council at which13[such number of members are present as may be prescribed by general directions of the Secretary of State].
(2) The Council may act notwithstanding any vacancy in their number.
SECTION 07: PRESIDENT AND VICE-PRESIDENT OF COUNCIL
(1) The Secretary of State shall be the president of the Council of India, with power to vote.
(2) The Secretary of State in Council may appoint any member of the Council to be vice-president thereof, and the Secretary of State may -at any time remove any person so appointed.
(3) At every meeting of 'the Council the Secretary of State, or, in his absence, the vice-president, if present, or in the absence of both of them, one of the members of the Council, chosen by the members present at the meeting, shall preside.
SECTION 08: MEETINGS OF COUNCIL
-Meetings of the Council of India .shall be convened and held as and when the Secretary of State directs, but one such meeting at least shall be held in every14[month].
SECTION 09: PROCEDURE AT MEETINGS
(1) At any meeting of the Council of India at which the Secretary of State is present, if there is a difference of opinion on any question, except a question with respect to which a majority of votes at a meeting is by this Act declared to be necessary, the determination of the Secretary of State shall be final.
(2) In case of an equality of votes at any meeting of the Council, the person presiding at the meeting shall have a second or casting vote.
(3) All acts done at a meeting of the Council in the absence of. Secretary of State shall require the approval in writing of the Secretary of State.
(4) In case of difference of opinion on any question decided at a meeting of the Council, the Secretary of State may require that his opinion and the reasons for it be entered in the minutes of the proceedings, and any member of the Council, who has been present at the meeting, may require that his opinion, and any reasons for it that he has stated at the meeting be also entered in like manner.
SECTION 10: COMMITTEES OF COUNCIL AND BUSINESS
-The Secretary of State may constitute committees of the Council of India for the more convenient transaction of business, and direct what departments of business are to be under those committees respectively, and generally direct the manner in which15[the business of the Secretary of State in Council or the Council of India shall be transacted, and any order made or act done in accordance with such direction shall, subject to the provisions of this Act, be treated as being an order of the Secretary of State in Council.]
SECTION 11: ORDERS AND COMMUNICATIONS
Correspondence between the Secretary of State and India.- Subject to the provisions of this Act, the procedure for the sending of orders and communications to India and in general for correspondence between the Secretary of State and the Governor-General in Council or any local government shall be such as may be prescribed by order of the Secretary of State in Council.]
SECTION 12: 12
Omitted.
SECTION 13: 13
Omitted.
SECTION 14: 14
Omitted.
SECTION 15: COMMUNICATION TO PARLIAMENT AS TO ORDERS FOR COMMENCING HOSTILITIES
When any order is sent to India directing the actual commencement of hostilities by His Majesty's forces in India, the fact of the order having been sent shall, unless the order has in the meantime been revoked or suspended, be communicated to both Houses of Parliament within three months after the sending of the order, or, if Parliament is not sitting at the expiration of those three months, then within one month after the next meeting of Parliament.
SECTION 16: [CORRESPONDENCE BY GOVERNOR-GENERAL WITH SECRETARY OF STATE]
Omitted by Part III of Sch. II of 9 & 10 Geo. 5, Ch. 101.
SECTION 17: ESTABLISHMENT OF SECRETARY OF STATE
(1) No addition may be made to establishment of the Secretary of State in Council, nor to the salaries of the persons on that establishment, except by an Order of His Majesty in Council, to be laid before both Houses of Parliament within fourteen days after the making thereof, or, if Parliament is not then sitting, then within fourteen days after the next meeting of Parliament.
(2) The rules made by His Majesty for examinations, certificates, probation or other tests of fitness, in relation to appointments to junior situations in the civil service, shall apply to such appointments on the said establishment.
(3) The Secretary of State in Council may, subject .to the foregoing provisions of this section, make all appointments to and promotions in the said establishment, and may remove any officer or servant belonging to the establishment.
SECTION 18: PENSIONS AND GRATUITIES
-His Majesty may, by warrant under the Royal Sign Manual, countersigned by the Chancellor of the Exchequer, grant to any secretary, officer or servant appointed on the establishment of the Secretary of State in Council, such compensation, superannuation or retiring allowance, or to his legal personal representative such gratuity, as may respectively be granted to persons on the establishment of a Secretary of State, or to the personal representatives of such persons, under the laws for the time being in force concerning super annulations and other allowances to persons having held civil offices in the public service or to personal representatives of such persons.
SECTION 19: MILITARY APPOINTMENTS
-In the appointment of officers to His Majesty's army the same provision as heretofore, or equal provision, shall be made for the appointment of sons of persons who have served in India in the military or civil service of the Crown or of the East India Company.
SECTION 19A: RELAXATION OF CONTROL OF SECRETARY OF STATE
-The Secretary of State in Council may, notwithstanding anything in this. Act, by rule regulate and restrict the exercise of the powers of superintendence, direction and control, vested in the Secretary of State and the Secretary of State in Council by this Act, or otherwise, in such manner as may appear necessary or expedient in order to give effect to the purpose of the Government of India Act, 1919 Before any rules are made under this section .relating to subjects other than transferred subjects, the rules proposed to be made shall be laid in draft before both Houses of Parliament, and such rules shall not be made unless both Houses by resolution approve the draft either without modification or addition, or with modifications or additions to which both Houses agree, but upon such approval being given the Secretary of State in Council may make such rules in the form in which they have been approved, and such rules on being so made shall be of full force and effect. Any rules relating to transferred subjects made under this section shall be laid before both Houses of Parliament as soon as may be after they are made, and if an address is presented to His Majesty by either House of Parliament within the next thirty days on which that House has sat after the rules are laid before it praying that the rules or any of them may be annulled, His majesty in Council may annul the rules or any of them, and those rules shall thenceforth be void, but without prejudice to the validity of anything previously done there under.]
SECTION 20: APPLICATION OF REVENUES
(1) The revenues of India shall be received for and in the name of His Majesty, and shall, subject to the provisions of this act, be applied for the purposes of the government of India alone.
(2) There shall be charged on the revenues of India alone-
(a) all the debts of the East India Company; and
(b) all sums of money, costs, charges and expenses which, if the Government of India Act, 1858-, had not been passed, would have been payable by the East India Company out of the revenues of India in respect of any treaties, covenants, contracts, grants or liabilities existing at the commencement of that Act; and
(c) all expenses, debts and liabilities lawfully contracted and incurred on account of the government of India; and
(d) all payments under this Act19[except so far as is otherwise provided this Act].
(3) The expression "the revenues of India" in this Act shall include all the territorial and other revenues of or arising in British India, and, in particular,-
(i) all tributes and other payments in respect of any territories which would have been receivable by or in the name of the East India Company if the Government of India Act, 1858-, had not been passed; and
(ii) all fines and penalties incurred by the sentence or order of any court of justice in British India, and all forfeitures for crimes of any movable or immovable property in British India; and
(iii) all movable or immovable property in British India escheating or lapsing for want of an heir or successor, and all property in British India devolving as bona vacantia for want of a rightful owner.
(4) All property vested in, or arising or accruing from property or rights vested in, His Majesty under the Government of India Act, 1858-, or this Act, or to be received or disposed of by the Secretary of State in Council under this Act, shall be applied in aid of the revenues of India.
SECTION 21: CONTROL OF SECRETARY OF STATE OVER EXPENDITURE OF REVENUES
-19[Subject to the provisions of this Act, and rules made thereunder], the expenditure of the revenues of India, both in British India and elsewhere, shall be subject to the control of the Secretary of State in Council, and no grant or appropriation of any part of those revenues, or of any other property coming into the possession of the Secretary of State in Council by virtue of the Government of India Act, 1858-, or this Act, shall be made without the concurrence of a majority of votes at a meeting of the Council of India:20[Provided that a grant or appropriation made in accordance with provisions or restrictions prescribed by the Secretary of State in Council with the concurrence of a majority of votes at a meeting of the Council shall be deemed to be made with the concurrence of a majority of such votes.]
SECTION 22: APPLICATION OF REVENUES TO MILITATE OPERATIONS BEYOND THE FRONTIER
-Except for preventing or repelling actual invasion of his Majesty's Indian possessions, or under other sudden and urgent necessity, the revenues of India shall not, without the consent of both Houses of Parliament, be applicable to defraying the expenses of any military operations carried on beyond the external frontiers of those possessions by His Majesty's forces charged upon those revenues.
SECTION 23: ACCOUNTS OF SECRETARY OF STATE WITH BANK
(1) Such parts of the revenues of India as are remitted to the United Kingdom and all money arising or accruing in the United Kingdom from any property or rights vested in His Majesty for the purposes of. the government of India, or from the sale or disposal thereof, shall be paid to the Secretary of State in Council, to be applied for the purposes of this Act
(2) All such revenues and money shall, except as by this section is provided, be paid into the Bank of England to the credit of an account entitled "The Account of the Secretary of State in Council of India."
(3) The money placed to the credit of that account shall be paid out on drafts or orders, either signed by two members of the Council of India and countersigned by the Secretary of State or one of his under secretaries or his assistant under secretary, or signed by the accountant-general on the establishment of the Secretary of State in Council or by one of the two senior clerks in the department of that accountant-general and countersigned in such manner as the Secretary of State in Council directs; and any draft or order so signed and countersigned shall effectually discharge the Bank of England for all money paid thereon.
(4) The Secretary of State in Council may, for the payment of current demands, keep at the Bank of England such accounts as he deems expedient; and every such account shall be kept in such name and be drawn upon by such person, and in such manner, as the Secretary of State in Council directs.
(5) There shall be raised in the books of the Bank of England such accounts as may be necessary in respect of stock vested in the Secretary of State in Council; and every such account shall be entitled "The Stock Account of the Secretary of State in Council of India."
(6) Every account referred to in this section shall be a public account.
SECTION 24: POWERS OF ATTORNEY FOR SALE OR PURCHASE OF STOCK AND RECEIPT OF DIVIDENDS
-The Secretary of State in Council, by power of attorney executed by two members of the Council of India and countersigned by the Secretary of State or one of his under secretaries or his assistant under secretary, may authorise all or any of the cashiers of the Bank of England-
(a) to sell and transfer all or any part of any stock standing in the books of the Bank to the account of the Secretary of State in Council; and
(b) to purchase and accept stock for any such account; and
(c) to receive dividends on any stock standing to any such account; and, by any writing signed by two members of the Council of India and countersigned as aforesaid, may direct the application of the money to be received in respect of any such sale or dividend: Provided that stock shall not be purchased or sold and transferred under the authority of any such general power of attorney, except on an order in writing directed to the chief cashier and chief accountant of the Bank of England and signed and countersigned as aforesaid.
SECTION 25: PROVISION AS TO SECURITIES
-All securities held by or lodged with the Bank of England, in trust for or on account or on behalf of the Secretary of State in Council may be disposed of, and the proceeds thereof may be applied, as may be authorised by order in writing signed by two members of the Council of India and countersigned by the Secretary of State or one of his under secretaries or his assistant under secretary, and directed to the chief cashier and chief accountant of the Bank of England.
SECTION 26: ACCOUNTS TO BE ANNUALLY LAID BEFORE PARLIAMENT
(1) The Secretary of State in Council shall, within the first21[twenty-eight days] during which Parliament is sitting next after the first day of May in every year, lay before both Houses of Parliament-
(a) an account, for the financial year preceding that last completed, of the annual produce of the revenues of India, distinguishing the same under the respective heads thereof, in each of the several provinces and of all the annual receipts and disbursements at home and abroad for the purposes of the government of India, distinguishing the same under the respective heads thereof;
(b) the latest estimate of the same for the financial year last completed;
(c) accounts of all stocks, loans, debts and liabilities chargeable on the revenues of India at home and abroad, at the commencement and close of the financial year preceding that last completed, the loans, debts and liabilities raised or incurred within that year, the amounts paid off or discharged during the year, the rates of interest borne by those loans, debts and liabilities respectively, and the annual amount of that interest;
22 (d) * * *
(e) a list of the establishment of the Secretary of State in Council, and the salaries and allowances payable in respect thereof.
(2) If any new or increased salary or pension of fifty pounds a year or upwards has been granted or created within any year in respect of the said establishment, the particulars thereof shall be specially stated and explained at the foot of the account for that year.
(3) The account shall be accompanied by a statement, prepared from detailed reports from each province, in such form as best exhibits the moral and material progress and condition of India.
SECTION 27: AUDIT OF INDIAN ACCOUNTS IN UNITED KINGDOM
(1) His Majesty may, by warrant under His Royal Sign Manual countersigned by the Chancellor of the Exchequer, appoint a fit person to be auditor of the accounts of the Secretary of State in Council, and authorise that auditor to appoint and remove such assistance as may be specified in the warrant.
(2) The auditor shall examine and audit the accounts of the receipt, expenditure and disposal in the United Kingdom of all money, stores and property applicable for the purposes of this Act.
(3) The Secretary of State in Council shall, by the officers and servants of his establishments, produce and lay before the auditor all such accounts, accompanied by proper vouchers for their support, and submit to his inspection all books, papers and writings having relation thereto.
(4) The auditor may examine all such officers and servants of that establishment, being in the United Kingdom, as he thinks fit, in relation to such accounts and the receipt, expenditure or disposal of such money, stores and property, and may for that purpose by writing signed by him, summon before him any such officer or servant.
(5) The auditor shall report to the Secretary of State in Council his approval or disapproval of the accounts aforesaid, with such remarks and observations in relation thereto, as he thinks fit, specially noting cases (if any) in which it appears to him that any money arising out of the revenues of India has been appropriated to purposes other than those to which they are applicable.
(6) The auditor shall specially in detail in his reports all sums of money, stores and property which ought to be accounted for, and are not brought into account, or have not been appropriated in conformity with the provisions of the law, or which have been expended or disposed of without due authority, and shall also specify any defects, inaccuracies or irregularities which may appear in the accounts, or in the authorities, vouchers or documents having relation thereto.
(7) The auditor shall lay all his reports before both Houses of Parliament, with the accounts of the year to which he reports relate.
(8) The auditor shall hold office during good behaviour.
(9) There shall be paid to the auditor and his assistants, out of the revenues of India,23[or out of moneys provided by Parliament], such salaries as His Majesty, by warrant signed and countersigned as aforesaid, may direct.
(10) The auditor and his assistants (notwithstanding that some of them do not hold certificates from the Civil Service Commissioners) shall, for the purposes of superannuation24[or retiring] allowance24[and their legal personal representatives shall for the purposes of gratuity] be in the same position as if25[the auditor and his assistants' were on the establishment of the Secretary of State in Council.
SECTION 28: POWER OF SECRETARY OF STATE TO SELL, MORTGAGE AND BUY PROPERTY
(1) The Secretary of State in Council may, with the concurrence of majority of votes at a meeting 'of the Council of India, sell and dispose of any real or personal estate for the time being vested in His Majesty for the purposes of the government of India, and raise money on such real26 [ or personal] estate by way of mortgage,4[or otherwise] and make the proper assurances for any of those purposes, and purchase and acquire any property.
(2) Any assurance relating to real estate, made by the authority of the Secretary of State in Council, may be made under the hands and seals of27[two] members of the Council of India.
(3) All property acquired in pursuance of this section shall vest in His Majesty for the purposes of the government of India.
SECTION 29: CONTRACTS OF SECRETARY OF STATE
(1)28[Subject to the provisions of this Act regarding the appointment of a High Commissioner for India,] the Secretary of State in Council may, with the concurrence of a majority of votes at a meeting of Council of India, make any contract for the purposes of this Act.
(2) Any contract so made may be expressed to be made by the Secretary of State in Council.
(3) Any contract so made which, if it were made between private persons, would be by law required to be under seal, may be made, varied or discharged under the hands and 'seals of two members of the Council of India.
(4) Any contract so made which, if it were made between private persons, would be by law required to be signed by the party to be charged therewith may be made, varied or discharged under the hands of two members of the Council of India.
(5) Provided that any contract for or relating to the manufacture, sale, purchase or supply of goods, or for or relating to affreightment or the carriage of goods, or to insurance, may, subject to such rules and restrictions as the Secretary of State in Council prescribes, be made and signed on behalf of the Secretary of State in Council by any person upon the permanent establishment of the Secretary of State in Council who is duly empowered by the Secretary of State in Council in this behalf. Contracts so made and signed shall be as valid and effectual as if made as prescribed by the foregoing provisions of this section. Particulars of all contracts so made and signed shall be laid before the Secretary of State in Council in such manner and form and within such times as the Secretary of State in Council prescribes.
(6) The benefit and liability of every contract made in pursuance of this section shall pass to the Secretary of State in Council for the time being.
SECTION 29A: HIGH COMMISSIONER FOR INDIA
-His Majesty may by Order in Council make provision for the appointment of a High Commissioner for India in the United Kingdom, and for the pay, pension, powers, duties, and conditions of employment of the High Commissioner and of his assistants; and the Order may further provide for delegating to the High Commissioner any of the powers previously exercised by the Secretary of State or the Secretary of State in Council, whether under this Act or otherwise, in relation to making contracts, and may prescribe the conditions under which he shall act in behalf of the Governor-General in Council or any local government.]
SECTION 30: POWERS TO EXECUTE ASSURANCES, ETC., IN INDIA
(1) The Governor-General in Council and any local government may, on behalf and in the name of the Secretary of State in Council, and subject to such provisions or restrictions as the Secretary of State in Council, with the concurrence of a majority of votes at a meeting of the Council of India, prescribe, sell and dispose of any real or personal estate whatsoever in British India, within the limits of their respective governments, for the time being vested in His Majesty for the purposes of the government of India, or raise money on any such real30[or personal] estate by way of mortgage,31[or otherwise], and make proper assurances for any of those purposes, and purchase or acquire any property in British India within the said respective limits, and make any contract for the purposes of this Act.
32[(1a) A local government may on behalf and in the name of the Secretary of State in Council raise money on the security of revenues allocated to it under this Act, and make proper assurances for that purpose, and rules made under this Act may provide for the conditions under which this power shall be exercisable.]
(2) Every assurance and contract made for the purpose of33[sub- section (1) of this section] shall be executed by such person and in such manner as the Governor-General in Council by resolution directs or authorises, and if so executed may be enforced by or against the Secretary of State in Council for the time being.
(3) All property acquired in pursuance of this section shall vest in His Majesty for the purposes of the government of India.
SECTION 31: POWER TO DISPOSE OF ESCHEATED PROPERTY, ETC
-The Governor-General in Council, and any other person authorised by any Act passed in that behalf by the34[Indian legislature] may make any grant or disposition of any property in British India accruing to His Majesty by forfeiture escheat or lapse, or by devolution as bona vacantia, to or in favour of any relative or connection of the person from whom the property has accrued, or to or in favour of any other person.
SECTION 32: RIGHTS AND LIABILITIES OF SECRETARY OF STATE IN COUNCIL
(1) The Secretary of State in Council may sue and be sued by the name of the Secretary of State in Council as a body corporate.
(2) Every per
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