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GOVERNMENT OF INDIA ACT, 1858
95 of 1858
2nd August, 1858
An Act for the better Government of India 16 & 17 Vict. c. 95. Whereas by an Act of the Session holder in the Sixteenth and Seventeenth Years of Her Majesty, Chapter Ninety-five, “to provide for the Government of India", the Territories in the Possession and under the Government of the East India Company were continued under such Government, in trust for Her Majesty, until Parliament should otherwise 'provide, subject to the Provisions of that Act and of other Acts of Parliament, and the Property and Rights in the said Act referred to are held by the said Company in trust for Her Majesty for the purposes of the said Government: And whereas it is expedient that the said Territories should be governed by and in the Name of Her Majesty: Be it therefore enacted by the Queen'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; that is to 'say, Transfer of the Government of India to Her Majesty.
SECTION 01: TERRITORIES UNDER THE GOVERNMENT OF THE EAST INDIA COMPANY TO BE VESTED IN HER MAJESTY AND POWERS TO BE EXERCISED IN HER NAME
-The Government of the Territories now in the Possession or under the Government of the East India Company, and all Powers in relation to Government vested in or exercised by the said Company in trust for Her Majesty, shall cease to be vested in or exercised by the said Company; and all territories in the possession or under the government of the said Company, and all rights vested in or which if this Act had not been passed might have been exercised by the said Company in relation to any territories, shall become vested in Her Majesty, and be exercised in her name; and for the purposes of this Act India shall mean the territories vested in Her Majesty as aforesaid, and all Territories which may become vested in Her Majesty by virtue of any such Rights as aforesaid.
SECTION 02: INDIA TO BE GOVERNED BY AND IN THE NAME OF HER MAJESTY
-India shall be governed by and in the Name of Her Majesty, and all rights in relation to any territories which might have been exercised by the said Company if this Act had not been passed shall and may be exercised by and in the name of Her Majesty as rights incidental to the government of India; and all the territorial and other revenues of or arising in India, and all tributes and other payments in respect of any territories which would have been receivable by or in the name of the said Company if this Act had not been passed, shall be received for and in the name of Her Majesty, and shall be applied and disposed of for the purposes of the government of India alone, subject to the provisions of this Act.
SECTION 03: SECRETARY OF STATE TO EXERCISE POWERS NOW EXERCISED BY THE COMPANY, ETC
-Save as herein otherwise provided, one of Her Majesty's Principal Secretaries of State shall have and perform all such or the like powers and duties in anywise relating to the government or revenues of India, and all such or the like powers over all officers appointed or continued under this Act, as might or should have been exercised or performed by the East India Company, or by the Court of Directors or Court of Proprietors of the said Company, either alone or by the direction or with the sanction or Approbation of the Commissioners for the Affairs of India in relation to such government or revenues, and the officers and servants of the said Company respectively, and also all such powers as might have been exercised by the said Commissioners alone: Countersigning of warrants-and any warrant or writing under Her Majesty's Royal Sign Manual, which by the Government of India Act, 1854, or otherwise is required to be countersigned by the President of the Commissioners for the Affairs of India, shall in lieu of being so countersigned be countersigned by one of Her Majesty's Principal Secretaries of State.
SECTION 04: FOUR PRINCIPAL AND FOUR UNDER SECRETARIES OF STATE MAY SIT AS MEMBERS IN THE HOUSE OF COMMONS
-After the Commencement of this Act any Four of Her Majesty's Principal Secretaries of State for the time being, and any Four of the Under Secretaries for the time being to Her Majesty's Principal Secretaries of State, may sit and vote as Members of the House of Commons, but not more than Four such Principal Secretaries and not more than Four such Under Secretaries shall sit as Members of the House of Commons at the same Time.
SECTION 05: IF PRESIDENT OF BOARD OF CONTROL IS APPOINTED SECRETARY OF STATE, HIS SEAT IN THE HOUSE OF COMMONS NOT TO BE VACATED
-In case the Person who immediately before the Commencement of this Act is the President of the Commissioners for the Affairs of India be appointed, upon or within One Month after the Commencement of this Act, One of 'Her Majesty's Principal Secretaries of State and be at the Time of such Appointment a Member of the House of Commons, he shall not by reason of such Appointment vacate his Seat in Parliament.
SECTION 06: SALARIES OF ONE SECRETARY OF STATE AND HIS UNDER SECRETARIES TO BE PAID OUT OF THE REVENUE OF INDIA
-In case Her Majesty be pleased to appoint a Fifth Principal Secretary of State, there shall be paid out of the Revenues of India to such Principal Secretary of State and to his Under Secretaries respectively the like yearly Salaries as may for the Time being be paid to any other of such Secretaries of State and his Under Secretaries respectively.
SECTION 07: COUNCIL OF INDIA ESTABLISHED
-For Purposes of this Act a Council shall be established, to consist of Fifteen Members, and to be styled the Council of India; and henceforth the Council of India now bearing that Name shall be styled the Council of the Governor General of India.
SECTION 08: FIRST MEMBERS OF THE COUNCIL
-Within Fourteen Days after the passing of this Act the Court of Directors of the East India Company shall, from among the Persons then being Directors of the said Company or having been theretofore such Directors, elect Seven persons to be with the Persons to be appointed by Her Majesty as hereinafter mentioned the First Members of the Council under this Act, and the Names of the Persons so elected by the Court of Directors shall be forthwith, after such Election, certified to the Board of Commissioners for the Affairs of India, under the Seal of the said Company, and it shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, within Thirty Days after the passing of this Act, to appoint to be Members of such Council Eight Persons: Provided always, that if the Court of Directors of the Best India Company shall refuse or shall for such Fourteen Days neglect to make such Election of such. Seven Persons, and to certify the Names of such Persons as aforesaid, it shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, within Thirty Days after the Expiration of such Fourteen days, appoint from among the said Directors Seven Persons to make up the full Number of the said Council: Provided also, that if any Person being or having been such Director, and elected or appointed as aforesaid, shall refuse to accept the Office, it shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, to appoint in the Place of every Person so refusing some other Person to be a Member of the Council, but so that Nine Members of the Council at the least shall be Persons qualified as hereinafter mentioned.
SECTION 09: VACANCIES IN THE COUNCIL HOW TO BE FILLED UP
-Every vacancy happening from Time to Time among the Members of the Council appointed by Her Majesty, not being Members so appointed by reason of the Refusal or Neglect of the Court of Directors or the Refusal to accept Office hereinbefore mentioned, shall be filled up by Her Majesty, by Warrant under Her Royal Sign Manual, and every other Vacancy shall be filled up by the Council by Election made at a Meeting to be held for that Purpose.
SECTION 10: THE MAJOR PART OF THE COUNCIL, WITH CERTAIN EXCEPTIONS, TO BE PERSONS WHO SHALL HAVE SERVED OR RESIDED TEN YEARS IN INDIA
-The major Part of the Persons to be elected by the Court of Directors, and the major Part of the Persons to be first appointed by Her Majesty after the passing of this Act to be Members of the Council, shall be Persons who shall have served or resided in India for Ten Years at the least, and (excepting in the Case of late and present Directors and Officers on the Home Establishment of the East India Company who shall have so served or resided) shall not have last left India more than Ten Years next preceding the Date of their Appointment; and no Person other than a Person so qualified shall be appointed or elected to fill any Vacancy in the Council unless at the Time of the Appointment or Election Nine at the least of the continuing Members of the Council be Persons qualified as aforesaid.
SECTION 11: TENURE OF OFFICE OF MEMBERS OF THE COUNCIL
-Every Member of the Council appointed or elected under this Act shall hold his Office during good Behaviour; provided that it shall be lawful for Her Majesty to remove any such Member from his Office upon an Address of both Houses of Parliament.
SECTION 12: MEMBERS OF COUNCIL NOT TO SIT IN PARLIAMENT
-No Member of the Council appointed or elected under this Act shall be capable of sitting or voting in Parliament.
SECTION 13: SALARIES OF MEMBERS OF COUNCIL
-There shall be paid to each Member of the Council the yearly Salary of One thousand two hundred Pounds, out of the Revenues of India.
SECTION 14: AS TO RETIRING PENSIONS ETC
-Any Member of the Council may, by Writing under his Hand, which shall be recorded in the Minutes of the Council, resign his Office, and it shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, countersigned by the Chancellor of the Exchequer, to grant to any Person who, having held the Office of Member of the Council for the Period of Ten Years or upwards, shall so resign by reason of Infirmity disabling him from a due Execution of the Duties of the Office, a Retiring Pension during Life of Five hundred Pounds: Provided, that if at any Time hereafter it should appear to Parliament expedient to reduce the Number or otherwise deal with the Constitution of the said Council, no Member of Council who has not served in his Office for a Period of Ten Years shall be entitled to claim any Compensation for the Loss of his Office, or for any Alteration in the Terms and Conditions under which the same is held.
SECTION 15: ESTABLISHMENT OF THE SECRETARY OF STATE IN COUNCIL
-The Secretaries and other Officers and Servants of the Home Establishment of the said Company, and on the Establishment of the Commissioners for the Affairs of India, immediately before the commencement of this Act, shall on such Commencement be and form the Establishment of the Secretary of State in Council; and the Secretary of State shall with all convenient Speed make such Arrangement of the said Establishments, and such Reductions therein, as may seem to him consistent with the due Conduct of the Public Business, and shall within Six Months after the Commencement of this Act submit a Scheme for the permanent Establishment to Her Majesty in Council; and it shall be lawful for Her Majesty, by the Advice of Her Privy Council, upon Consideration of such Scheme, to fix and declare what shall constitute and be the Establishment of the Secretary of State in Council, arid what Salaries shall be paid to the Persons on the Establishment: and the Order of Her Majesty in Council shall be laid before both Houses of Parliament within Fourteen Days after the making thereof, provided Parliament be then sitting, or otherwise within Fourteen Days. after the next Meeting thereof; and after such Establishment has been formed by such Order in Council no addition of Persons shall be made to such Establishment; nor any Addition made to the Salaries authorized by such Order, except by a similar Order in Council, to be laid in like Manner before both Houses of Parliament.
SECTION 16: REMOVAL OF OFFICERS AND SUPPLY OF VACANCIES IN THE ESTABLISHMENT
-After the First Formation of the Establishment, it shall be lawful for the Secretary of State in Council to remove any Officer or Servant belonging thereto, and also to make all Appointments and. Promotions to and in such Establishment; provided that the Order of Her Stajesty in Council of the Twenty-first Day of May One thousand eight hundred and fifty-five, or such other Regulations as may be from Time to Time established by Her 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.
SECTION 17: COMPENSATIONS TO OFFICERS ON HOME ESTABLISHMENT OF THE COMPANY AND OF BOARD OF CONTROL NOT RETAINED ON NEW ESTABLISHMENT
-It shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, countersigned by the Chancellor of the Exchequer, to grant to any Secretary, Officer or Servant on the Home Establishment of the Company, or on the Establishment of the said Commissioners, who in consequence of such Reduction as aforesaid by the Secretary of State or under such Order in Council is not retained on the Establishment of the Secretary of State in Council any Compensation, either by way of a gross or annual Payment, as having regard to the Circumstances, may seem just.
SECTION 18: SUPERANNUATION TO OFFICERS ON THE ESTABLISHMENT OF THE SECRETARY OF STATE IN COUNCIL
-It shall be lawful for Her Majesty, by Warrant counter-signed as aforesaid, to grant to any such Secretary, Officer, or Servant as aforesaid retained on such last-mentioned Establishment, such Compensation, Superannuation, or Retiring Allowance on his ceasing to hold Office as might have been granted to him if this Act had not been passed, and the Transfer of any Person to the Service of the Secretary or State in Council shall be deemed to be a Continuance of his previous Appointment or Employment, and shall not prejudice any Claims which he might had in respect of Length of Service if his Comnany or Commissioners had continued; and it shall be lawful for Her Majesty, by Warrant countersigned as aforesaid, to grant to any Secretary, Officer, or Servant appointed on the said Establishment after First Formation thereof such Compensation. Superannuation or Retiring Allowance as, under the Act of the Session holden in the Fourth and Fifth Years of King William the Fourth, Chapter Twenty- four, or any other Act for the Time being in force concerning Superannuation and other Allowances to Persons having held Civil Offices in the Public Service, may be granted to Persons appointed on the Establishment of One of Her Majesty's Principal Secretaries of State.
SECTION 19: DUTIES OF THE COUNCIL ETC
-The Council 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. But every Order or Communication sent to India shall be signed by One of the Principal Secretaries of State; and, save as expressly provided by this Act, every Order in the United Kingdom in relation to the Government of India Under this Act shall be signed by such Secretary of State; and all Despatches from Governments and Presidencies in India, and other Despatches from India, which if this Act had not been passed should have been addressed to the Court of Directors or to their Secret Committee, shall be addressed to such Secretary of State.
SECTION 20: SECRETARY OF STATE TO DIVIDE THE COUNCIL INTO COMMITTEES, AND TO REGULATE THE TRANSACTION OF BUSINESS
-It shall be lawful for the Secretary of State to divide the Council into Committees for the more convenient Transaction of Business, and from Time to Time to rearrange such Committees, and to direct what Departments of the Business in relation to the Government of India under this Act shall be under such Committees respectively, and generally to direct the Manner in which all such business shall be transacted.
SECTION 21: PRESIDENT AND VICE-PRESIDENT OF THE COUNCIL
-The Secretary of State shall be the President of the Council, with Power to vote, and it shall be lawful for such Secretary of State in Council to appoint from Time to Time any Member of such. Council to be Vice-President thereof, and any such Vice-President may at any Time be removed by the Secretary of State.
SECTION 22: MEETINGS OF THE COUNCIL
-All Powers by this Act required to be exercised by the Secretary of State in Council, and all Powers of the Council, shall and may be exercised at Meetings of such Council, at which not less than Five Members shall be present, and at every Meeting the Secretary of State, or in his Absence the Vice-President, if present, shall preside, and in the Absence of the Secretary of State and Vice-President, One of the Members of the Council .present shall be chosen by the members present to preside at the Meeting; and such Council may act notwithstanding any Vacancy therein: Meetings of the Council shall be convened and held when and as the Secretary of State shall from Time to Time direct; provided that One such Meeting at least be held in every Week.
SECTION 23: PROCEDURE AT MEETINGS
-At any Meeting of the Council at which the Secretary of State is present, if there be a Difference of Opinion on any Question other than the Question of the Election of a Member of Council or other than any Question with regard to which a Majority of the Votes at a. Meeting is herein-after declared to be necessary, the Determination of the Secretary of State shall be final; and in case of an equality of Votes at any Meeting of the Council, the Secretary of State, if present, and in his Absence the Vice-President, or presiding Member, shall have a Costing Vote and all Acts done at any Meeting of the Council in the Absence of the Secretary of State, except the Election of a Member of the Council, shall require the Sanction or Approval in Writing of the Secretary of State; and in case of Difference of Opinion and Question decided at any Meeting, the Secretary of State may require that his Opinion, and the Reasons for the same, be entered in the Minutes of the Proceedings, and any Member of the Council who-may have been present at the Meeting may require that his Opinion, and any Reasons for the same that he may have Stated at the Meeting, be entered in like Manner.
SECTION 24: ORDERS, ETC., TO BE OPEN TO THE PERUSAL OF MEMBERS OF COUNCIL, WHO MAY RECORD THEIR OPINIONS
-Every Order or Communication proposed to be sent to India, and every Order proposed to be made in the United Kingdom by the Secretary of State, under this Act, shall, unless the same has been submitted to a Meeting of the Council, be placed in the Council Room for the Perusal of all Members of the Council during Seven Days before the sending or making thereof, except in the Cases, herein-after provided; and it shall be lawful for any Member of the Council to record in a Minute Book, to be kept for that Purpose, his Opinion with respect to each such Order or Communication, and a Copy of every Opinion so recorded shall be sent forthwith to the Secretary of State.
SECTION 25: SECRETARY OF STATE ACTING AGAINST OPINIONS OF THE MAJORITY TO RECORD HIS REASONS
-If a Majority of the Council record as aforesaid, their Opinions against any Act proposed to be done, the. Secretary of State shall, if he do not defer to the Opinions of the Majority, record his Reasons for acting in opposition thereto.
SECTION 26: PROVISION FOR CASES OF URGENCY
-Provided that where it appears to the Secretary of State that the Dispatch of any Communication, or the making of any Order, not being an Order for which a Majority of the Votes at a Meeting is hereby made necessary, is urgently required, the Communication may be sent or Order given notwithstanding the same may not have been submitted to a Meeting of the Council or deposited for seven Days as aforesaid, the urgent Reasons for sending or making the same being recorded by the Secretary of State, and Notice thereof being given to every Member of the Council, except in the Cases hereinafter mentioned.
SECTION 27: ORDERS NOW SENT THROUGH SECRET COMMITTEE MAY BE SENT BY SECRETARY OF STATE WITHOUT COMMUNICATION WITH THE COUNCIL
-Provided also, that any Order, not being an Order for which a Majority of Votes at a Meeting is hereby made necessary, which mighty if this Act had not been passed, have been sent by the Commissions for the Affairs of India through the Secret Committee of the Court of Directors to Governments or Presidencies India, or to the Officers or Servants of the said Company, may, after the Commencement of this Act, be sent to such Governments or Presidencies, or to any Officer or Servant in India, by the Secretary of State, without having been submitted to a Meeting or deposited for the Perusal of the Members of the Council, and without the Reasons being recorded or Notice thereof given as aforesaid.
SECTION 28: AS TO COMMUNICATION OF SECRET DESPATCHES FROM INDIA
Any Despatches to Great Britain which might if this Act had not been passed have been addressed to the Secret Committee of the Court of Directors be marked, 'Secret' by the Authorities sending the same; and such Despatches shall not be communicated to the Members of the Council, unless the Secretary of State shall so think fit and direct.
SECTION 29: APPOINTMENTS TO BE MADE BY OR WITH THE APPROBATION OF HER MAJESTY
-The Appointments of Governor General of India, Fourth Ordinary Member of the Council of the Governor General of India, and Governors of Presidencies in India, now made by the Court of Directors with the Approbation of Her Majesty, and the Appointments of Advocate- General for the several Presidencies now made with the Approbation of the Commissioners for the affairs of India, shall be made by Her Majesty by Warrant under Her Royal Sign Manual; the Appointments of the Ordinary Members of the Council of the Governor-General of India, except the Fourth Ordinary Member and the Appointments of the Members of the Council of the several Presidencies, shall be made by the Secretary of State in Council; the Appointments of the Lieutenant Governors of Provinces or Territories shall be made by the Governor General of India, subject to the Approbation of Her Majesty; and all such Appointments shall be subject to the Qualificatiions now by Law affecting such Offices respectively.
SECTION 30: APPOINTMENTS NOW MADE IN INDIA TO CONTINUE TO BE MADE THERE
-All Appointments to Offices, Commands, and Employments in India, and all Promotions, which by Law, or under any Regulations, Usage, or Custom, are now made by any Authority in India, shall continue to be made in India by the like Authority, and subject to the Qualifications, Conditions, and Restrictions now affecting such Appointments respectively; but the Secretary of State in Council with the concurrence of a majority of Members present at a meeting, shall have the like Power to make Regulations for the Division and Distribution of Patronage and Power of Nomination among the several Authorities in India, and the like Power of restoring to their Stations, Offices, or Employments, Officers and Servants suspended or removed by any Authority in India, as might have been exercised by the said Court of Directors, with the Approbation of the Commissioners for the Affairs of India, if this Act had not been passed.
SECTION 31: CERTAIN SECTIONS OF 16 AND 17 VICT. C. 95 AS TO APPOINTMENT, ETC. TO THE CIVIL SERVICES REPEALED
-Sections 37,Sections 38,Sections 39,Sections 40,Sections 41, and Sections 42of the Act of the Sixteenth and Seventeenth Victoria, Chapter 95, are hereby repealed, so far as the same apply to or provide for the Admission or Appointment of Persons to the Civil Service of the East India Company.
SECTION 32: SECRETARY OF STATE IN COUNCIL TO MAKE REGULATIONS FOR THE ADMISSION OF CANDIDATES TO THE CIVIL SERVICE OF INDIA
-With all convenient Speed after the passing of this Act, Regulations shall be made by the Secretary of State in Council, with the Advice and Assistance of the Commissioners for the Time being acting in execution of Her Majesty's Order in Council of Twenty-first May One thousand eight hundred and fifty-five, "for regulating the Admission of Persons to the Civil Service of the Crown", for admitting all Persons being natural-born Subjects of Her Majesty (and of such Age and Qualifications as may be prescribed in this Behalf) who may be desirous of becoming Candidates for Appointment to the Civil Service of India to be examined as Candidates accordingly, and for prescribing the Branches of Knowledge in which such Candidates shall be examined, and generally for regulating and conducting such Examinations under the Superintendence of the said last-mentioned Commissioners, or of the Persons for the Time being entrusted with the carrying out of such Regulations as may be from Time to Time established by her Majesty for Examination, Certificate, or other Test of Fitness in relation to Appointments to Junior Situations in the Civil Service of the Crown; and the Candidates who may be certified by the said Commissioners or other Persons as aforesaid to be entitled under such Regulations shall be recommended for Appointment according to the Order of their Proficiency as shown by such Examinations, and such Persons only as shall have been so certified as aforesaid shall be appointed or admitted to the Civil Service of India by the Secretary of State in Council: Provided always, that all Regulations to be made by the said Secretary of State in Council under this Act shall be laid before Parliament within Fourteen Days after the making thereof, if Parliament be sitting, and, if Parliament be not sitting, then. within Fourteen Days after the next Meeting thereof.
SECTION 33: OTHER APPOINTMENTS AND ADMISSIONS TO SERVICE VESTED IN HER MAJESTY
-All Appointments to Cadetships, Naval and Military, and all Admissions to Service not herein otherwise expressly provided for, shall be vested in Her Majesty; and the Names of Persons to be from Time to Time recommended for such Cadetships and Service shall be submitted to Her Majesty by the Secretary of State.
SECTION 34: REGULATIONS TO BE MADE FOR ADMITTING PERSONS TO BE EXAMINED FOR CADETSHIPS IN ENGINEERS AND ARTILLERY
-With all convenient Speed after the Commencement of this Act, Regulations shall be made for admitting any Persons being natural-born Subjects of Her Majesty (and of such Age and Qualifications as may be prescribed in this Behalf) who may be desirous of becoming Candidates for Cadetships in the Engineers and in the Artillery, to be examined as Candidates accordingly, and for prescribing the Branches of Knowledge in which such Candidates shall be examined and generally for regulating and conducting such Examinations.
SECTION 35: NOT LESS THAN ONE TENTH OF PERSONS RECOMMENDED FOR MILITARY CADETSHIPS TO BE SELECTED FROM SONS OF PERSONS WHO HAVE SERVED IN INDIA
-Notless than One Tenth of the whole Number of Persons to be recommended in any Year for Military Cadetships (other than Cadetships in the Engineers and Artillery) shall be selected according to such Regulations as the Secretary of State in Council may from Time to Time make in this Behalf from among the Sons of Persons who have served in India in the Military or Civil Services of Her Majesty, or of the Bast India Company.
SECTION 36: NOMINATIONS FOR CADETSHIPS TO BE MADE BY SECRETARY OF STATE AND MEMBERS OF COUNCIL
--except as aforesaid, all Persons to be recommended for Military Cadetships shall be nominated by the Secretary of State and Members of Council, so that out of Seventeen Nominations the Secretary of State shall have Two and each Member of Council shall have One; but no Person so nominated shall be recommended unless the Nomination be approved of by the Secretary of State in Council.
SECTION 37: REGULATIONS AS TO APPOINTMENTS AND ADMISSIONS TO SERVICE
-Save as herein-before provided, all Powers of making Regulations in relation to Appointments and Admissions to Service and other Matters connected therewith, and of altering or revoking such Regulations, which if this Act had not been passed might have been exercised by the Court of Directors or Commissioners for the Affairs of India, may be exercised by the Secretary of State in Council, and all Regulations in force at the Time of the Commencement of this Act in relation to the Matters aforesaid shall remain in force subject nevertheless to Alteration or Revocation by the Secretary of State in Council as aforesaid.
SECTION 38: REMOVAL OF OFFICERS BY HER MAJESTY
-Any Writing under the Royal Sign Manual, removing or dismissing any Person holding any. Office, Employment, or Commission, Civil or Military, in India, of which, if this Act had been passed, a Copy would have been required to be transmitted or delivered within Eight Days after being signed by Her Majesty to the Chairman or Deputy Chairman of the Court of Directors shall, in lieu thereof, be communicated within the Time aforesaid to the Secretary of State in Council.
SECTION 39: REAL AND PERSONAL PROPERTY OF THE COMPANY TO VEST IN HER MAJESTY FOR THE PURPOSES OF THE GOVERNMENT OF INDIA
-All Lands and Hereditaments, Monies, Stores, Goods, Chattels and other Real and Personal Estate of the said Company subject to the Debts and Liabilities affecting the same respectively, and the Benefit of all Contracts, Covenants, and Engagements, and all Rights to Fines, Penalties, and Forefeitures and all other Emoluments which the said Company shall be seized or possessed of, or entitled to at the Time of the Commencement of this Act, except the Capital Stock of the 'said Company and the Dividend thereon, shall become vested in Her Majesty, to be applied and disposed of, subject to the Provisions of this Act, for the Purposes of the Government of India.
SECTION 40: POWERS TO SELL AND PURCHASE, AND TO ENTER INTO CONTRACTS, VESTED IN SECRETARY OF STATE IN COUNCIL
-The Secretary of State in Council, with the Concurrence of a Majority of Votes at a Meeting, shall have full Power to sell and dispose of all Real and Personal Estate whatsoever for the time being vested in Her Majesty under this Act, as may be thought fit, or to raise Money on any such Real Estate by way of Mortgage, and make the proper Assurances for that Purpose, and to purchase and acquire any Land or Hereditaments, or any Interests therein, Stores, Goods, Chattels, and other Property, and to enter into any Contracts whatsoever, as may be thought fit, for the purposes of this Act; and all Property so acquired shall vest in Her Majesty for the Service of the Government of India; and any Conveyance or Assurance of or concerning and Real Estate to be made by the Authority of the Secretary of State in Council may be made under the Hands and Seals of Three Members of the Council.
SECTION 41: EXPENDITURE OF REVENUES OF INDIA SUBJECT TO CONTROL OF SECRETARY OF STATE IN COUNCIL
-The Expenditure of the Revenues of India, both in 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 such Revenues, or of any other Property coming into .the Possession of the Secretary of State in Council by virtue of this Act, shall be made without the Concurrence of a Majority of Votes at a Meeting of the Council.
SECTION 42: DIVIDEND ON THE STOCK OF THE COMPANY, AND EXISTING AND FUTURE DEBTS, LIABILITIES AND EXPENSES TO BE CHARGED ON REVENUES OF INDIA
The Dividend on the Capital Stock of the said Company secured by the Act of the Third and Fourth Years of King William the Fourth, Chapter Eighty-five, until the Redemption thereof, and all the Bond, Debenture, and other Debt of the said Company in Great Britain, and all the Territorial Debt and all other Debts of the said Company, and all sums of Money, Costs, Charges, and Expenses, which if this Act had not been passed would after the Time appointed for the Commencement thereof have been payable by the said Company out of the Revenues of India, in respect or by reason of any Treaties, Covenants, Contracts, Grants, or Liabilities then existing, and all Expenses, Debts, and Liabilities which after the Commencement of this Act shall be lawfully contracted and incurred on account of the Government of India, and all Payments under this Act, shall be charged and chargeable upon the Revenues of India alone, as the same would have been if this Act had not been passed and such Expenses, Debts, Liabilities and Payments as last aforesaid had been Expenses, Debts and Liabilities lawfully contracted and incurred by the said Company, and such Revenues shall not be applied to any other Purpose whatsoever; and all other Monies vested in or raising or accruing from Property or Rights vested in Her Majesty under this Act, or to be received or disposed of by the Council under this Act, shall be applied in aid of such Revenues; Provided always, that nothing herein contained shall lessen or prejudicially affect any Security to which the said Company, or any Proprietor or Creditor thereof, now is or may be entitled upon the Fund called "The Security Fund of the India Company", and mentioned in the Act of the Third and Fourth Years of His late Majesty King William the Fourth, Chapter 85,Section 14
SECTION 43: REVENUE REMITTED TO GREAT BRITAIN, AND MONIES ARISING IN GREAT BRITAIN, TO BE PAID TO SECRETARY OF STATE IN COUNCIL
-Such Part of the Revenues of India as shall be from Time to Time remitted to Great Britain, and all Monies of the said Company in their Treasury or under the Care of their Cashier, and all other Monies in Great Britain of the said Company, or which would have been received by them in Great Britain if this Act had not been passed, and all Monies arising or accruing in Great Britain from any property or rights vested in Her. Majesty by this Act or from the Sale or Disposition thereof, shall be paid to the Secretary of State in Council, to be applied for the Purposes of this Act; and all such Monies, except as herein-after otherwise provided, shall be paid into the Bank of England, to the Credit of a,n Account to be opened by the Governor and Company of the Bank of England, to be intituled "The Account of the, Secretary of State in Council of India"; and all Monies to be placed to the Credit of such Account under this Act shall be paid out upon Drafts or Orders signed by Three Members of the Council, and countersigned by the Secretary of State or One of his Under Secretaries, and such Account shall be a public Account: Provided always, that the Secretary of State in Council may cause to be kept, from Time to Time, under the Care of their Cashier, in an. Account to be kept at the Bank of England, such Sum or Sums of Money as they may deem necessary for the Payments now made out of Money under the Care of the Cashier of the said Company.
SECTION 44: CASH BALANCE OF THE COMPANY AT. THE BANK TO BE TRANSFERRED TO THE SECRETARY OF STATE IN COUNCIL
-Such Amount of Money as at the Time of the Commencement of this Act may be standing to the Credit of the East India Company at the Bank of England shall be transferred by the Governor and Company of the Bank of England to the Credit of the Account to be opened in the Name of the Secretary of State in Council as aforesaid.
SECTION 45: STOCK ACCOUNTS TO BE OPENED AT THE BANK
There shall be raised in the Books of the Governor and Company of the Bank of England such Account as may be necessary in respect of any Stock or stocks of Government Annuities, and all such Accounts respectively shall be in intituled "The Stock Account of the Secretary of State in Council of India", and every such Account shall be a public Account.
SECTION 46: STOCK STANDING IN THE NAME OF THE COMPANY TRANSFERRED
Such Government Stock or Stocks as at the Time of the Commencement of this Act may be standing in the Name of the East India Company in the Books of the said Governor and Company shall be transferred by the Chief Cashier or the Chief Accountant of the said Governor and Company to the proper Account or Accounts to be raised as aforesaid.
86540
103860
630
114
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