3. (1) It shall be lawful for the Governor-General in Council, with the approval of the Secretary of State in Council, by proclamation, to create a council in the Bengal Division of the Presidency of Fort William for the purpose of assisting the Lieutenant-General in the executive government of the Province, and by such proclamation-
(a) To make provision for determining what shall be the number (not exceeding four) and qualifications of the members of the council; and
(b) To make provision for the appointment of temporary or acting members of the council during the absence of any member from illness or otherwise, and for the procedure to be adopted in case of a difference of opinion between a Lieutenant-Governor and his council, and in the case of equality of votes, and in the case of a Lieutenant-Governor being obliged to absent himself from his council from indisposition or any other cause.
(2) It shall be lawful for the Governor-General in Council, with the like approval, by alike proclamation to create a council in any other province under a Lieutenant-Governor in the executive government of the province: Provided that before any such proclamation is made a draft there of shall be laid before each House of Parliament for not less than sixty days during the session of Parliament, and, if before the expiration of that time an address is presented to His Majesty by either House of Parliament against the draft or any part thereof, no further proceedings shall betaken thereon, without prejudice to the making of any new draft.
(3) Where any such proclamation has been made with respect to any province the Lieutenant-Governor may, with the consent of the Governor-General in Council, from time to time make rules and orders for the more convenient transaction of business in his council, and any order made or act done in accordance with the rules and orders so made shall be deemed to be an act or order of the Lieutenant-Governor in Council.
(4) Every member of any such council shall be appointed by the Governor-General, with the approval of His Majesty, and shall, as such, be a member of the Legislative Council of the Lieutenant Governor, in addition to the members nominated by the Lieutenant Governor and elected under the provisions of this Act.