The provisions of the principal Act specified in the first column of this table shall be amended in the manner shown in the second column.
| Section of Act | Amendment |
| 2 | In sub-section (2) “or rules made thereunder” shall be inserted after “this Act.”The following sub-section shall be substituted for subsection (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.” |
| 3(1) | “eight” shall be substituted for “ten,” and ” twelve’, shall be substituted for ” fourteen,” and the following words shall be inserted at the end of the sub-section :-“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.” |
| 3 (3) | “one-half shall be substituted for “nine,” and ” India” shall be substituted for “British India.” |
| 3 (4) | ” five years ” shall be substituted for ” seven years,” and the following words shall be inserted at the end of the sub-section :-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.” |
| 3 (8) | The following sub-sections shall bo substituted for this subsection :-“(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.” |
| 5 | The words of this section from and including the words “but every order ” to the end of the section shall be omitted. |
| 6 | For ” not loss than five members are present ” there shall be substituted ” such number of members are present as may bo prescribed by general directions of the Secretary of State.” |
| 8 | For “week ” there shall be substituted ” month.” |
| 10 | For “all business of the Council or committees thereof is to be transacted ” there shall be substituted ” 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.” |
| 19 | The words of this section from the beginning down to and including ” Provided that ” shall be omitted. |
| 20(2)(d) | After “under this Act” there shall be inserted “except so far as is otherwise provided under this Act.” |
| 21 | At the beginning of this section there shall be inserted ” subject to the provisions of this Act and rules made thereunder.” |
| 27(9) | After “revenues of India” there shall be inserted “or out of moneys provided by Parliament.” |
| 29 | In sub-section (1) at the beginning there shall be inserted the words :-“Subject to the provisions of this Act regarding the appointment of a High Commissioner for India.” |
| 30 | After sub-section (1) the following sub-section shall be inserted.”(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.”In sub-section (2) ” sub-section (1) of this section ” shall be substituted for this ” section.” |
| 31 | “Indian legislature” shall be substituted for “Governor General in-Legislative Council.” |
| 33 | At the beginning of the section there shall be inserted ” Subject to the provisions of this Act and rules made thereunder.” |
| 35 | This section shall be omitted. |
| 36 | “ordinary ” in sub-sections (1) and (2) shall be omitted.In sub-section (2) for the words from and including ” five or ” to the end of the sub-section there shall be substituted “such as His Majesty thinks fit to appoint.”In sub-section (3) ” at the time of their appointment ” shall be omitted, after “Scotland” there shall be inserted “or a pleader of a High Court,” and “ton” shall be substituted for “five.”In sub-section (4) for “person appointed as ordinary member of the council ” there shall be substituted ” member of the council (other than the Commander-in-Chief for the time being of His Majesty’s forces in India).”At the end of the section the following new sub-section shall be inserted :-” (5) Provision may be made by rules under this Act as to the qualifications to be required in respect of the members of the Governor-General’s Executive Council in any case where such provision is not made by the foregoing provisions of this section.” |
| 37 | The following section shall be substituted for section thirty-seven :-“37. If Commander-in-Chief for the time being of His Majesty’s forces in India is a member of the Governor-General’s executive Council he shall, subject to the provisions of this Act, have rank and precedence in the Council next after the Governor-General “ |
| 39 | In sub-section (2) for “one ordinary member of the Council ” there shall be substituted ” one member of the Council (other than the Commander-in-Chief).” |
| 40 | At the end of sub-section (1) there shall be inserted-“and when so signed shall not be called into question in any legal proceeding on the ground that they were not duly made by the Governor-General in Council.” |
| 42 | For ” ordinary member ” there shall be substituted “member (other than the Commander-in-Chief).” |
| 45 | At the beginning of the section there shall be inserted “Subject to the provisions of this Act and rules made thereunder.” |
| 46 | The following sub-section shall be substituted for sub-section (2)”(2) The Governors of the said presidencies are appointed by His Majesty by warrant under the Royal sign Manual, and the Governors of the said provinces shall be so appointed after consultation with the Governor-General.”In subsection (3) “the Governors’ provinces” shall be substituted for “those presidencies” and “province” shall be substituted for presidency.” |
| 47 | In sub-section (2) “One at least of them must be a person who at the time of his appointment has been” shall be substituted for “Two at least of them must be persons who at the time of their appointment have been.” The following sub-section shall be substituted for sub-section (3):-“(3) Provision may be made by rules under this Act as to the qualifications to be required in respect of members of the executive Council of the Governor of a province in any case where such provision is not made by the foregoing provisions of this section.” |
| 48 | “province” shall be substituted for “presidency.” |
| 50(2) | “province ” shall be substituted for “presidency.” |
| 53(1) | For the words from the beginning down to ‘‘the Punjab and” (inclusive) there shall be substituted “The province of,” and the words “with or without an executive Council” shall be omitted. |
| 57 | At the end of the section there shall be inserted “an order made as afore-said shall not be called into question in any legal proceedings on the ground that it was not duly made by the Lieutanant-governor in Council” |
| 58 | “Assam, the Central Provinces,” shall be omitted. |
| 65 | For “Governor-General in Legislative Council ” there shall be substituted “Indian Legislature.” |
| 67 | “either chamber of the Indian Legislature ” shall be substituted for “the Council.”
At the end of sub-section (2) the following shall be inserted- (i) regulating any provincial subject, or any part of a provincial subject, which has not been declared by rules under this Act to be subject to Legislation by the Indian Legislature ; or (ii) repealing or amending any Act of a local Legislature ; or (iii) repealing or amending any Act or ordinance made by the Governor-General. (2a) Where in either chamber of the Indian Legislature any Bill has been introduced, or is proposed to be introduced, or any amendment to a Bill is moved, or proposed to be moved, the Governor-General may certify that the Bill, or any clause of it, or the amendment, affects the safety or traquility of British India, or any part thereof, and may direct that no proceedings, or that no further proceedings, shall be taken by the chamber in relation to the Bill, clause, or amendment ; and effect shall be given to such direction.” |
| 68 | “Bill” shall be substituted for “Act” and “a Bill” for “and Act ; ” “by both chambers of the Indian Legislature” shall be substituted for “at a meeting of the Indian Legislative Council,” and “whether he was or was not present in Council at the passing thereof” shall be omitted.
“A Bill passed by both chambers of the Indian Legislature shall not become an Act” shall be substituted for “An Act of the Governor-General in Legislative Council has not validity.” “in Council” shall be inserted after “His majesty” and “to the Governor-General through the Secretary of State in Council” shall be omitted. |
| 69 | “Indian Legislature” shall be substituted for “Governor-in Legislative Council;” “in Council;” shall be inserted after “His Majesty” and “through the Secretary of State in Council” shall be omitted. |
| 70 | This section shall be omitted. |
| 71(2) | “Indian Legislature” shall be substituted for Governor-General in Legislative Council.” |
| 72 | “Indian Legislature” shall be substituted for “Governor-General in Legislative Council.” |
| 73 | In sub-section (1) “a Governor or of” shall be omitted and “and of members nominated or elected as hereinafter provided ” shall be substituted for “with the addition of members nominated or elected in accordance with rules made under this Act.”
In sub-section (3) “as hereinafter provided” shall be substituted for “in accordance with rules made under this Act.’) |
| 74 | This section shall be omitted. |
| 75 | This section shall be omitted. |
| 76 | In sub-section (1) “section” shall be substituted for “Act” and the following proviso shall be substituted for the existing proviso:-
“Provided that the number of members so nominated or elected shall not, in the case of the Legislative Council of a Lieutenant-Governor, exceed one hundred.” In sub-section (2) “non-officials” shall be substituted for “persons not in the civil or military service of the Crown in India.” In sub-section (4) “Indian Legislature or the local legislature” shall be substituted for “Governor-General in Legislative Council.” |
| 78 | The following provision shall be inserted at the beginning of sub-section (1):-
“A Lieutenant-Governor or a Chief Commissioner who has a Legislative Council may appoint such times and places for holding the sessions of his legislative council as he thinks fit, and may also, by notification of otherwise, prorogue the Council, and any meeting of the Legislative council of a Lieutenant-Governor or a Chief-Commissioner may be adjourned by the person presiding.” In sub-section (2) “in accordance with rules made under this Act” shall be omitted. For sub-section (3) the following sub-section shall be substituted:- “(3) All question at a meeting of the Legislative Council of a Lieutenant-Governor or Chief Commissioner shall be determined by a majority of votes of the members present other than the Lieutenant-Governor, Chief Commissioner, or presiding member, who shall, however, have and exercise a casting vote in case of inequality of votes. (4) Subject to rules affecting the Council, there shall be freedom of speech in the Legislative Councils of Lieutenant Governors and Chief Commissioners. No person shall be liable to any proceedings in any court by reason of his speech or vote in those Councils or by reason of anything contained in any official report of the proceedings of those Councils.” |
| 79 | This section shall be omitted. |
| 80 | In sub-section (1) after “local Legislative Council,” there shall be inserted “(other than a Governor’s Legislative Council).”
Sub-section (2) shall be omitted. In sub section (3) after “local Government” there shall be inserted “of a province other than & Governor’s province,” the word “Governor,” where it occurs immediately before the word “Lieutenant-Governor,” shall be omitted, and “Indian Legislature” shall be substituted for “Governor-General in Legislative Council.” At the end of the section the following new sub-section shall be inserted:- “The local Government of any province (other than a Governor’s province) for which a local Legislative Council is hereafter constituted under this Act shall, before the first meeting of that Council, and with the sanction of the Governor-General in Council, make rules for the conduct of Legislative business in that Council (including rules for prescribing the mode of promulgation and authentication of laws passed by that council). (5) The local Legislature of any such province may, subject to the assent of the Lieutenant-Governor or Chief-Commissioner, alter the rules for the conduct of Legislative business in the local Council (including rules proscribing the mode of promulgation and authentication of laws passed by the Council) but any alteration so made may be disallowed by the Governor in Council, and if so disallowed shall have no effect.” |
| 81 | Throughout sub-sections(1) and (2) and in sub-section (3) where it first occurs, for “Act,” there shall be substituted “Bill” and in sub-section (1) “by” shall be substituted for “at a meeting of.”
For “an Act” there shall be substituted “a Bill” and for “has no effect” there shall be substituted “shall not become an Act.” |
| 82 | For “any such Act” whore those words occur for the first and third times, there shall be substituted “an Act” and for those words whore they occur for the second time there shall be substituted “the Act.”
In sub-section (1) after “His Majesty” there shall be in “Council” and the words through the Secretary of State in Council shall be omitted. |
| 83 | This section shall bo omitted. |
| 84 | “an Act of the Indian legislature” shall be substituted for “a law made by the Governor-General in Legislative Council” and “non-official members” shall be substituted for “members not holding office under the Crown in India.”
In paragraph (c) “an Act of” shall be substituted for “a law made by.” |
| 86 | In sub-section (4) “ordinary” shall be omitted, and after the words “Executive Council” where they first occur there shall be inserted the words “(other than the Commander-in-Chief).” |
| 87 | “ordinary” shall be omitted and after “Governor-General,” where it occurs for the second time, there shall be inserted “other than the Commender-in-chief).”
In sub-section (4) for “ordinary member of the Council” where it occurs for the second time, there shall be substituted “member of the council (other than the Commander-in-Chief).” |
| 90 | In sub-section (1) after “Governor” there shall be inserted “of a presidency.”
In sub-section (4) ‘ordinary’ shall be omitted, and after, “executive council” there shall be inserted “(other than the Commander-in-Chief).” |
| 92 | “a member,” shall be substituted for “an ordinary member” and for “any ordinary member,” and after “executive council of the Governor-General” there shall bo inserted “(other than the Commander-in-chief)”
In sub-section (5)(a) “under this Act” shall be omitted. |
| 93(1) | “either chamber of the Indian legislature” shall be substituted for “the Indian Legislative Council.” |
| 95 | Before “offices” wherever that word occurs before “Officers” and before “promotions” where it occurs for the second time, there shall be inserted “military.” |
| 97 | “Section 96 A of this Act” shall be substituted for “the foregoing section.” |
| 110 | In sub-section (1) after “Governor or Lieutenant-Governor” there shall be inserted “and minister appointed under this Act.” |
| 124 | In sub-section (4) after “Lieutenant-Governor” where it secondly occurs, there shall be inserted “or being a minister appointed under this Act.” |
| 131 | “Indian legislature” shall be substituted for “Governor-General in Legislative Council.” |
| 134(4) | “(4) “Local Government” means, in the case of a Governor’s province, Governor in Council or the Governor acting with ministers (as the case may require), and, in the case of a province other than a Governor’s province, a Lieutenant-Governor in Council, Lieutenant-Governor or Chief Commissioner.
“Local Legislative Council” includes the Legislative Council in any Governor’s province, and any other Legislative Council constituted in accordance with this Act. “Local Legislature” means, in the case of a Governor’s province, the Governor and the Legislative council of the province, and, in the case of any other province, the Lieutenant-Governor or Chief Commissioner in Legislative council.” |
| 135 | The following section shall be substituted for section 135:- “135. This Act may be cited as the Government of India Act.” |
Second Schedule – The following Schedule shall be substituted for the Second Schedule:-
The Second Schedule
Official Salaries, etc.
|
Officer |
Maximum Annual Salary |
| Governor-General of India. | Two hundred and fifty-six thousand rupees. |
| Governor of Bengal, Madras, Bombay and the United-Provinces. | One hundred and twenty- eight thousand rupees. |
| Commander-in-Chief of His Majesty’s forces in India. | One hundred thousand rupees. |
| Governor of the Punjab Bihar and Orissa. | One hundred thousand rupees. |
| Governor of the Central Provinces. | Sixty-six thousand rupees. |
| Governor of Assam. | Sixty-six thousand rupees. |
| Lieutenant-Governor. | One hundred thousand rupees. |
| Member of the Governor-General’s executive Council (other than the Commander-in-Chief). | Eighty thousand rupees. |
| Member of the executive Council of the Governor of Bengal, Madras, Bombay, and the United Provinces. | Sixty-four thousand rupees. |
| Member of the executive Council of the Governor of the Punjab and Bihar and Orissa. | Sixty thousand rupees. |
| Member of the executive Council of the Governor of the Central Provinces. | Forty-eight thousand rupees. |
| Member of the executive Council of the Governor of Assam. | Forty-two thousand rupees. |
Third Schedule – The following Schedule shall be substituted for the Third Schedule:-