Abstract of Act for the Better Government of India—21 and 22 Vict. cap. 106.—Received Royal Assent August 2, 1858. (See p. .)

Transfer of Governing Powers.

I. Governing powers transferred from the East India Company to the Crown.

II. All rights, territories, revenues, and liabilities similarly transferred.

III. A Secretary of State to exercise all the governing powers heretofore exercised by Court of Directors, Court of Proprietors, and Board of Control.

IV. Provision concerning sitting of secretary and under-secretary in House of Commons.

V. Concerning re-election of secretaries to House of Commons.

VI. Secretary of State for India to receive salary equal to those of other secretaries of state.

Council of India.

VII. A Council of India, of 15 persons, to be formed.

VIII. Court of Directors to elect 7 members of this Council, from among persons possessing certain qualifications; and the Crown to appoint the other 8.

IX. Vacancies among the 8 to be filled up by the Crown; and among the other 7, by election by the Council.

X. Nine members of the Council, at least, must have had not less than ten years’ experience in India.

XI. Members to hold office for life, or during good behaviour.

XII. Members not to sit in parliament.

XIII. Annual salary of £1200 to each member.

XIV. Members may resign; if after ten years’ service, on a pension of £500, subject to certain conditions.

XV. Secretaries and other officers of Company to become officers of Council of India—subject to any changes afterwards made by Privy Council and sanctioned by parliament.

XVI. Secretary in Council to make all subsequent appointments in the home establishment.

XVII. Compensation to such officers of the Company as are not retained permanently by the Council.

XVIII. Any officer of the Company, transferred to the service of the Council, to have a claim to the same pension or superannuation allowance as if the change of government had not taken place.

Duties and Proceedings of the Council.

XIX. Council to conduct affairs of India in England; but all correspondence to be in the name of the Secretary of State.

XX. Secretary of State may divide the Council into committees.

XXI. Secretary of State to sit and vote as president, and appoint vice-president.

XXII. Five to be a quorum; meetings convened by Secretary of State not fewer than one each week.

XXIII. Secretary of State to decide questions on which members differ. Any dissentient member may require his opinion to be placed upon record.

XXIV. Secretary’s proceedings to be open to all the Council, except in ‘secret service’ dispatches.

XXV. Secretary to give reasons for any exercise of his veto against the decision of the majority.

XXVI. Secretary allowed to overrule the two preceding clauses in urgent cases.

XXVII. Functions of the ‘secret committee’ transferred to Secretary of State.

XXVIII. Dispatches marked ‘secret’ not to be opened by members of Council.

Appointments and Patronage.

XXIX. Of the high appointments in India, some to be made by the Crown, some by the Council, and some by the Governor-general.

XXX. Inferior appointments to be made as heretofore, except transference of patronage from Court of Directors to Council.

XXXI. Special provision for civil service in India.

XXXII. Secretary in Council to make rules for examination of persons intended for junior situations in civil service of India.

XXXIII. Appointments to naval and military cadetships to vest in the Crown.

XXXIV. Competitive examinations for engineers and artillery of the Indian army.

XXXV. A certain ratio of cadetships to be given to the sons of persons who have served in India.

XXXVI. All the other cadetships to be in the gift of the members of the Council, subject to approval; the Secretary of State to have twice as many nominations as an ordinary member.

XXXVII. In all unchanged rules concerning appointments, power of Court of Directors to be vested in Council.

XXXVIII. The same in reference to any dismissal from service.

Transfer of Property.

XXXIX. Company’s property, credits, and debits, to revert to the Crown—except the East India Stock and the dividends thereon.

XL. Secretary in Council may buy, sell, or borrow, in the name of the Crown, for the service of India.

Revenues.

XLI. Expenditure of revenues in India wholly under Secretary in Council.

XLII. Liabilities of Company, and dividends on India stock, to be borne by Secretary in Council out of revenues of India.

XLIII. Secretary in Council to keep a cash account with the Bank of England, and to be responsible for all payments in relation to India revenue.

XLIV. Transfer of cash balance from the Company to the Council.

XLV. A stock account to be opened at Bank of England.

XLVI. Transfer of stock accounts.

XLVII. Mode of managing Council’s finances at the Bank.

XLVIII. Transfer of Exchequer bills, &c., from Company to Council.

XLIX. Power of issuing bonds, debentures, &c.

L. Provisions concerning forgery.

LI. Regulations of audit department.

LII. The Crown to appoint auditor of Indian accounts, to whom all needful papers are to be sent by Secretary in Council.

LIII. Annual accounts to be furnished to parliament of the revenue and expenditure of India; accompanied by reports on the moral and material progress of the several presidencies.

LIV. War in India to be made known to parliament within a specified period.

LV. India revenues not to pay for wars unconnected with India.

Existing Establishments.

LVI. Company’s army and navy transferred to the Crown, but with all existing contracts and engagements holding good.

LVII. Future powers as to conditions of service.

LVIII. All commissions held under the Company to be valid as under the Crown.

LIX. Regulations of service to be subject to future change, if deemed necessary.

LX. Court of Directors and Court of Proprietors cease to hold power in reference to government of India.

LXI. Board of Control abolished.

LXII. Records and archives of Company to be given up to Council—except stock and dividend books.

LXIII. Powers of Governor-general, on assuming duties of that office.

LXIV. Existing enactments and provisions to remain in force, unless specially repealed.

Actions and Contracts.

LXV. Secretary in Council may sue and be sued as a body corporate.

LXVI. And may take the place of the Company in any still-pending actions.

LXVII. Treaties and covenants made by the Company to remain binding.

LXVIII. Members not personally liable for such treaties or covenants.

LXIX. A Court of Directors still to exist, but in smaller number than before, and having powers relating only to the management of the Company’s dividend and a few minor subjects.

LXX. Quarterly courts not in future obligatory.

LXXI. Company’s liability ceases, on all matters now taken under the care of the Council.

Saving of Certain Rights of the Company.

LXXII. Secretary in Council to pay dividends on India stock out of India revenue.

LXXIII. Dividends to constitute a preferential charge.

Commencement of the Act.

LXXIV. Commences thirty days after day of receiving royal assent.

LXXV. Company’s orders to be obeyed in India until the change of government shall have been proclaimed in the several presidencies.