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  • GOVERNMENT OF INDIA ACT, 1869

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GOVERNMENT OF INDIA ACT, 1869

GOVERNMENT OF INDIA ACT, 1869

97 of 1869

11th August, 1869

 

An Act to amend in certain respects the Act for the better Government of India. Preamble reciting 21 & 22 Vict., c. 106; and enacting words: Rep. (U. K.) 56 & 57 Vict., c. 54 (S. L. R.).

 

SECTION 01: VACANCIES IN COUNCIL OF INDIA

-1* * * all vacancies that shall take place in the said Council shall be filled up by appointment by the Secretary of State.

 

SECTION 02:

Every member of the said Council * * *2shall be appointed for a term of3ten years, and except as hereinafter provided, shall not be eligible.

 

SECTION 03: RE-APPOINTMENT OF MEMBER FOR FURTHER PERIOD OF FIVE YEARS

-It shall be lawful for the Secretary of State to re-appoint for a further period of five years any person whose term of office as member of Council under this Act shall have expired, provided such re-appointment be made for special reasons of public advantage, which reasons shall be set forth in a minute signed-by the said Secretary of State, and laid before both Houses of Parliament.

 

SECTION 04: FORMER ACTS TO APPLY TO FUTURE MEMBERS

-Except as Herein otherwise provided all the provisions of the said recited Act, and of any other Act of Parliament relating to members of the Council of India, shall apply to members appointed under the provisions of this Act.

 

SECTION 05:

Rep. as to U. K. 46 & 47 Vict., c. 39 (S. L. R.). Omitted as being spent.

 

SECTION 06: RESIGNATION OF OFFICE

-Any member of Council may by writing under his hand, which shall be recorded in the minutes of the Council, resign his officer;4* * *

 

SECTION 07: PROVISION AS TO FUTURE CHANGES IN CONSTITUTION OF COUNCIL

-If at any time hereafter it should appear to Parliament expedient to reduce the number or otherwise to 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 condition under which the same is held.

 

SECTION 08: APPOINTMENT OF ORDINARY MEMBER OF THE GOVERNOR GENERAL'S COUNCIL AND OF THE PRESIDENCIES

-The appointments of the ordinary members of the Governor General's Council, and of the members of Council of the several presidencies5* * * shall6* * * be made by Her Majesty by warrant under her Royal Sign Manual.

 

Footnotes:

1. The words "After the passing of this Act" in s. 1 and s. 8 and the words "who shall, after the passing of this Act, be so appointed" in s. 2 were repealed (U. K.) by 56 & 57 Vict., c. 54 (S. L. R.).

2. The words "After the passing of this Act" in s. 1 and s. 8 and the words "who shall, after the passing of this Act, be so appointed" in s. 2 were repealed (U. K.) by 56 & 57 Vict., c. 54 (S. L. R.).

3. Read ''seven" for "ten" as regards any appointment made after the passing of the Council of India Act, 1907 (7 Edw. 7, c. 35). See 7 Edw. 7, c. 35, s. 4.

4. The rest of the section relating to grant of pension to retiring members was repealed (U.K) by 56 & 57 Vict., c 54 (S.L.R.)

5. The words "which by section of the said recited Act, are to be made by the Secretary of State in Council, with the concurrence of a majority of members present at a meeting" were repealed (U. K.) by 46 & 47 Vict., c 39 (S.L.R.)

6. The words "Forms and after the passing of this Act" were repealed (U.K.) by 56 & 57 Vict., c. 54 (S.L.R.)



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