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States and Mandated Territories). [H.L.]

A

BILL

INTITULED

An Act to enable the Colonial Probates Act, 1892, A.D. 1927. to be applied to certain Protected States and Mandated Territories.

BE

E it enacted by the King'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, 5 as follows:

Act, 1892,

1. The power of His Majesty to apply the Colonial Extension Probates Act, 1892, to British possessions shall include of Colonial a power to apply the said Act to any territories, Probates being either territories under His Majesty's protection or to certain 10 territories in respect of which a mandate on behalf of the protected League of Nations has been accepted by His Majesty, states and to which it cannot be applied by virtue of the provisions mandated of the Foreign Jurisdiction Acts, 1890 and 1913, and the territories. said Act shall accordingly have effect as if references Vict. c. 5. 15 therein to British possessions included references to such territories as aforesaid.

55 & 56

2. This Act may be cited as the Colonial Probates Short title. (Protected States and Mandated Territories) Act, 1927, and the Colonial Probates Act, 1892, and this Act may 20 be cited together as the Colonial Probates Acts, 1892 and

1927.

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An Act to enable the Colonial Probates

Act, 1892, to be applied to certain
Protected States and Mandated
Territories.

Brought from the Lords 6 May 1927.

Ordered, by The House of Commons, to be Printed, 26 May 1927.

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To be purchased directly from

H.M. STATIONERY OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2;

120, George Street, Edinburgh; York Street, Manchester; 1, St.Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfast; or through any Bookseller.

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MEMORANDUM.

The Commonwealth of India Bill, which has been approved in substance by the Indian National Convention, purports to confer upon India the status of a self-governing Dominion, except for certain reservations as regards Defence and Foreign Affairs. The Council of India is abolished, and the Secretary of State for India will in future have the same relation to the Commonwealth of India as the Secretary of State for the Colonies has to the Governments of the Dominions. The Viceroy and Provincial Governors will have Cabinets to advise them, consisting of a Prime Minister and a number of Ministers (the minimum prescribed by Statute). The Cabinet will be collectively responsible to the Legislatures constituted entirely on an elective basis. The Constitution is of a federal type with autonomous provinces and the powers of the Commonwealth and Provincial Legislatures defined, residuary powers being vested in the former. The Commonwealth Legislature will consist of a Legislative Assembly and a Senate, while the Provincial Legislatures will be single Chambers for the present. Provision, however, has been made for enabling provinces to determine whether they will have second chambers or not. The Budgets, both of the Commonwealth of India and of the Provincial Governments, will be subject to the vote of the Legislatures, except a certain minimum for Defence to be prescribed by a Commission appointed every five years, which will be an obligatory charge upon the revenues of the Commonwealth of India. The Viceroy will have full power over the defence forces of the Commonwealth, whether military, naval or air; but should the Budget estimates exceed the minimum limit, the sanction of the Commonwealth Legislature will be necessary. This reservation will disappear as soon as the Commonwealth Legislature passes an Act, with the approval of the Defence Commission, expressing its readiness to accept full responsibility for defence. The condition is attached that even in the transition period no revenue may be spent on those branches of the defence forces from which Indian are excluded in commissioned rank. Communal and special representation is abolished, but as a temporary measure the

number of seats reserved for Mussalmans and Europeans will be maintained for a period of five years, to be subjected then to an enquiry by a Franchise Commission. The rights of minorities are protected by a provision to the effect that legislation dealing with such matters should lapse for the period of a year if it is opposed by a majority of the representatives of the particular interest or interests concerned. The powers over the public services in India will be vested in the Commonwealth Government or the Provincial Governments, and a Public Services Commission will be constituted to deal with all questions of recruitment, control, &c. The rights of those members who entered the public services before the constitution of the Commonwealth are guaranteed by Statute. There will be a Supreme Court of India in addition to the existing High Courts.

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11. Legislative power.

12. The Viceroy.

13. Salary of the Viceroy.

14. Provisions relating to the Viceroy.

15. Sessions of Parliament, prorogation and dissolu

tion.

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