session of Parliament: provided always, that the expiration of this Act shall not affect the boundaries hereby defined, or the right of appeal hereby given, or any act done or right or title acquired under or by virtue of this Act, nor shall the expiration of this Act revive the Acts or parts of Acts hereby repealed.

ACT of the British Parliament, "for the better Government of India."

[21 & 22 Vict. cap. 106.]

[August 2, 1858.]

WHEREAS by an Act of the session holden in the 16th and 17th years of Her Majesty, cap. 95, "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.

I. 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 becoine vested in Her Majesty by virtue of any such rights as aforesaid.

II. 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.

III. 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; and any warrant or writing under Her Majesy's royal sign manuel, which by the Act of the session holden in the 17th and 18th years of Her Majesty, cap. 77, 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.

IV. After the commencement of this Act any 4 of Her Majesty's Principal Secretaries of State for the time being, and any 4 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 4 such Principal Secretaries and not more than 4 such Under Secretaries shall sit as members of the House of Commons at the same time.

V. 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.

VI. 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.

Council of India.

VII. For the purposes of this Act a Council shall be established, to consist of 15 members, and to be styled the Council of India; and henceforth the Council in India now bearing that name shall be styled the Council of the Governor-General of India.

VIII. Within 14 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 7 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 30 days after the passing of this Act, to appoint to be members of such Council 8 persons: Provided always, that if the Court of Directors of the East India Company shall refuse or shall for such 14 days neglect to make such election of such 7 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 30 days after the expiration of such 14 days, to appoint from among the said Directors 7 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 9 members of the Council at the least shall be persons qualified as hereinafter mentioned.

IX. 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.

X. 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 10 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 10 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 9 at the least of the continuing members of the Council be persons qualified as aforesaid.

XI. 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.

XII. No member of the Council appointed or elected under this Act shall be capable of sitting or voting in Parliament.

XIII. There shall be paid to each member of the Council the yearly salary of 1,2007. out of the revenues of India.

XIV. 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 10 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 500l.: 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 10 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.

XV. The secretaries and other officers and servants on 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 6 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, and 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 14 days after the making thereof, provided Parliament be then sitting, or otherwise

within 14 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 Parlia ment.

XVI. 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 Majesty in Council of the 21st day of May, 1855, 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 establish

ment.

XVII. 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 said 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.

XVIII. It shall be lawful for Her Majesty, by warrant countersigned 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 of 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 have had in respect of length of service if his service under the said Company 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 the first formation thereof such compensation, superannuation, or retiring allowance as, under the Act of the session holden in the 4th and 5th years of King William IV, cap. 24, or any other Act for the time being in force concerning superannuations 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.