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rules to exercise judicial powers for investigation in respect of elections to legislative bodies in India. The Act falls into two parts dealing with each of these heads, and the first part makes the necessary amendments in the Indian Penal Code and the Criminal Procedure Code, while the second part of the Act is a substantive enactment, standing by itself, conferring on Commissioners all necessary powers to conduct inquiries into election petitions. The definitions of bribery" and undue influence," which are constituted offences under the Act, are interesting, and while perhaps somewhat more widely drawn than the English law on the same subject, are skilful generalizations which are fitted into the framework of the Indian Penal Code and endeavour to reproduce the general character of the language of that Code. With the object of preventing purely malicious prosecutions, the sanction of the GovernorGeneral in Council, the Local Government, or some other officer empowered by the Governor-General in this behalf is a condition precedent for prosecution for offences against the Election Law.

Part 2 of the Act deals with legislation ancillary to the rules framed under the Government of India Act providing for inquiries in the case of disputed elections. An interesting provision is based on s. 59 of the Corrupt and Illegal Practices Prevention Act, 1883, and, while providing that no witness should be excused from answering any question on the ground that it might incriminate him, permits the Commissioners to give him a certificate of indemnity which will save him from a prosecution for an election offence and will prevent his answer being proved in civil proceedings. Disqualifications are also imposed on persons convicted of election offences from holding certain public offices for specified periods.

Aligarh Muslim University. - The Aligarh Muslim University Act, 1920 (40 of 1920), dissolves the Muslim University Association and the Muhammadan Anglo-Oriental College at Aligarh and transfers the property of those societies to a university established by the Act to be called the Aligarh Muslim University. The Act incorporates the University, indicates its functions, creates its governing bodies, and generally secures to the University the assurance of a permanent endowment and the necessary powers of control to Government. The University constituted by the Act is of the teaching and residential type. Among other special features provided for by the Act are the imparting of Muslim religious education to Muslims and the inclusion of Departments of Islamic Studies.

Wireless Telegraphy. - The Indian Wireless Telegraphy (Shipping) Law, 1920 (41 of 1920), enacts legislation for India on the lines of the Merchant Shipping (Wireless Telegraphy) Act, 1919. It applies primarily to sea-going British ships registered in British India, but under the Act ships other than British ships registered in British India become subject to its provisions while they are within any port in British India.

Companies. The Indian Companies (Amendment) Law, 1920 (42 of 1920), excludes from the purview of s. 91 (B) of the Indian Companies Act, 1913, private companies. S. 91 (B) of the Act of 1913 (inserted by an amending Act of 1914) is a provision peculiar to India which enacts as part of the law provision which is not uncommonly adopted in articles, namely, prohibiting a director of a company from voting as director on any contract or arrangement in which he is either directly or indirectly concerned or interested. The object of the amendment was due to representations that the application of this provision obstructed the

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promotion of subsidiary companies the management of which was to be carried on by a board of directors partially composed of the directors of the parent company. The Government of India, while allowing the exception in favour of private companies provided for by the Act, were not prepared to throw over the provisions of s. 91 (B) as regards other companies as that provision was deliberately enacted in the law in 1914.

Presidency Banks. - The Presidency Banks (Amendment) Act, 1920 =(43 of 1920), amends the Presidency Banks Act, 1876, so as to enable the Presidency Banks to deal in securities issued by the Government of Bom- bay in connection with their Housing and Development loan. It was a temporary measure to deal with a special circumstance which would otherwise have been covered by the provisions of an Act which will be subsequently referred to.

Income-tax. - The Indian Income-tax (Amendment No. 2) Act (44 of 1920) amends the principal Act so as to avoid a difficulty which had arisen in connection with the deduction of the annual value of business premises owned by an assessee. This deduction is no longer allowed, and on the other hand there will be no assessment on such annual value in the future.

Paper Currency. - The Indian Paper Currency (Amendment) Act, 1920 (45 of 1920). The object of the Act is to prescribe the permanent constitution of the Paper Currency Reserve and the temporary arrangements which are necessitated on the expiration of the Indian Paper Currency (Temporary Amendment) Act, 1920. The Bill also alters the ratio at which notes can be issued from the Reserve in exchange for gold coin which is not legal tender or for gold bullion, from 7.53344 grains troy of fine gold per rupee to 11.30016 grains per rupee. This change is consequential on a change in the ratio at which the sovereign and the half-sovereign will in future be legal tender. The Act gives effect to the recommendations regarding the permanent constitution of the Paper Currency Reserve which were made by the Indian Exchange and Currency Committee. These provisions, however, cannot come into operation until the Government of India are in a position to give effect to that constitution, and accordingly the Act continues the provisions in regard to the holdings of securities which were included in the temporary enactment referred to above, with the modification that the limit for the total investment, sterling and rupee taken together, is placed at 85 crores instead of 120 crores authorized by Act 21 of 1920. The Act further provides that all interest derived from securities held in the Reserve shall be applied from April 1, 1921, and so long as it is necessary to do so, to a reduction of the holding of created rupee securities, and the fact of such application should be attested by the Auditor-General every year. Certain other amendments in the Indian Paper Currency Act are made, but they are of purely administrative interest.

Cutchi Memons. Cutchi Memons Act, 1920 (16 of 1920), enables Cutchi Memons who desire to be governed in matters of succession and inheritance by Muhammadan law to do so by making a declaration under the Act. The Bill was passed at the instance of leading members of the Cutchi Memon community and was originally introduced by the Hon. Mr. Haroon Jaffer, a member of that community. The Act as passed was, as has been shown, of a permissive character, but as introduced it was declaratory of the law applicable to all Cutchi Memons.

Imperial Bank. - The Imperial Bank of India Act, 1920 (47 of 1920), gives legal effect to the fusion into a single bank of the Presidency Banks constituted under the Presidency Banks Act, 1876. The object of the Act is to create a strong unified Bank in close relation with Government to foster and promote the growth of banking facilities in India. The provisions of the Act are of three classes. The first class provides for the constitution of the new Bank and the transfer to it of all the assets and liabilities of the Presidency Banks, and provides for a large initial increase in the capital of the Bank. The terms on which shareholders in the old Banks will acquire shares and option rights in the new Bank are also provided for. These terms give statutory force to the arrangements approved in general meeting by the shareholders of the Presidency Banks. Finally, the dissolution of the Presidency Banks and matters incidental thereto are dealt with.

The second class of provisions prescribes the business which the Bank is empowered to transact. The Bank is enabled to enter into an agreement with the Secretary of State in Council to act as his banker, but the Bank provides that if such an agreement is entered into, power must be reserved to the Governor-General in Council to issue instructions to the Bank in respect of matters which vitally affect his financial policy, and if such instructions are disregarded he may terminate the agreement. The Imperial Bank is allowed to have a London office, but is not permitted to do ordinary exchange business though it may keep accounts and deposits from its Indian customers.

The third class of provisions deals with what may be called the "indoor management" of the Bank. The most interesting features of these provisions are those which, while maintaining a centralized control, allow of a large measure of local autonomy by the constitution of local boards which, in the first instance, must be established at Calcutta, Madras and Bombay. The Legislature was much pressed to include definite provisions for an Indian element on the Central Board of the Bank. It, however, refused to embody in an Act of the Legislature any racial qualification, and took the view that, as regards the elective element, the matter must be left to the shareholders, but provided that normally not more than four non-official persons should be nominated by Government as Governors of the Bank. There was undoubtedly an understanding that the persons so nominated would generally be Indians.

Territorial Force. --The Indian Territorial Force Act, 1920 (48 of 1920), provides for the constitution of an Indian Territorial Force, but is admittedly a measure of an experimental nature intended to provide a framework from which a territorial force can be built up by gradual developments. The organization and terms of service of the Force are closely on the lines of the English Militia, while special provision is made for University Training Corps. The Act leaves details very largely to the rule-making power.

Auxiliary Force. The Auxiliary Force Act, 1920 (49 of 1920), provides for a Volunteer Force, which, in times before the war, had been constituted under the Indian Volunteers Act, 1869, the provisions of which had long become unsuitable. Compulsory service was adopted in India to meet the needs of an Imperial emergency and was provided for by the Indian Defence Force Act. The decision to revert to voluntary enrolment was the occasion which led to the passing of the Act. The Act sets out in a schedule the training required thereunder and is an attempt to embody in a more definite form the actual obligations, duties, and rights of persons enrolled in the Force.

2. MADRAS. Acts passed-15.

Children and Youthful Offenders. - The Madras Children Act, 1920 (4 of 1920), is based to some extent on the Children Act, 1908 (8 Edward VII., c. 67). It provides for the establishment and inspection of certified schools and enables the managers of such schools to board children out or to place children and youthful offenders on licence with approved persons. It provides for the establishment of Juvenile Courts and for the release on bail of juvenile offenders, and restricts the punishments to which they may be sentenced. The Act repeals, so far as it applied to Madras, the Reformatory Schools Act, 1897, a law of the Central Legislature which had hitherto been practically the only law on the subject.

Municipalities. The Madras District Municipalities Act, 1920 (5 of 1920), amends and consolidates the law on the subject. It does not apply to the City of Madras, which has a law of its own. The object of the legislation is to give effect as far as possible to the recommendations of the Royal Commission on Decentralization in regard to district municipalities and to the views of the Government of India and of the Secretary of State thereon. It has made little change in regard to the constitution of Municipal Councils beyond reducing the number of ex-officio members, but aliens are excluded from voting and from standing for election unless specially exempted by the Local Government. The Act contains provisions dealing with election offences. The provisions relating to taxation have been considerably expanded with a view to increasing the financial resources of local authorities. The Councils have been given enhanced powers of dealing with their own establishments, though the Government retains control over the appointment of certain senior officers of the Municipality. The Councils have obtained also considerably greater freedom in dealing with their own budgets. The provisions of the law relating to drainage, water supply, sanitation, over

✓ crowding, factories and town improvement have been greatly expanded. Town Planning. The Madras Town Planning Act, 1920 (7 of 1920), is based on a portion of the English Housing and Town Planning Act, 1909 (9 Edward VII., c. 44). It is designed to encourage Municipalities ✓✓ to pay greater attention to this important matter by enabling them to prepare timely schemes of town improvement and to carry out such schemes without permanent financial embarrassment by placing certain limitations on the compensation to be awarded to persons affected and by providing for the levy of betterment contributions recoverable by instalments.

Elementary Education. - The Madras Elementary Education Act, 1920 (8 of 1920), provides for the constitution in each district of a ✔ District Educational Council to prepare schemes for the extension of elementary education, to elicit and direct the co-operation of all agencies, whether public or private, engaged in providing elementary education, to regulate the disbursement of Government grants-in-aid to private schools, and to advise the department of the Government concerned as to the provision of trained teachers and other matters. Full control of elementary schools is left with the local bodies or private agencies concerned. The Act enables local bodies, with the sanction of the Government, to levy an education tax, and it provides for the introduction of compulsory education in such areas as are ripe for it. The difficult question of religious instruction is dealt with by providing for an agreement with the managers of private schools for exemption from religious instruction. These agreements are for stated periods, and if on the expiry of the periods the managers do not renew the agreements the District Educational Council has to provide elsewhere for the pupils

affected.

Local Boards. - The Madras Local Boards Act, 1920 (14 of 1920), is another Act intended to give effect to the recommendations of the Royal Commission on Decentralization. As in the case of the District Municipalities Act, unimportant modifications have been made in the provisions relating to the constitution of Local Boards, which are of three kinds, namely, District Boards, Taluk Boards, and Union Boards. A Taluk is a part of a District, and a Union is a smaller area with a minimum population of 5,000. At least three-fourths of the members of any of the Boards are to be elected. The remaining members are nominated by various authorities who are required to provide for the due representation of Muhammadans, of depressed classes, and of minorities generally. Aliens are disqualified, though this disqualification may be removed by the Local Government. A District Board may levy a tax on the annual rent value of land, a tax on companies, a profession tax, a tax on houses, and tolls on various classes of traffic, and also with the sanction of Government a pilgrim tax on all persons entering or leaving by railway a centre of pilgrimage. The proceeds of the last-named tax can only be expended for the development or improvement of the place of pilgrimage. A schedule to the Act contains an elaborate set of rules laying down the proportions in which receipts from taxation and other sources are to be credited to the various District, Taluk, and Union funds. The funds of Local Boards are applicable to the construction of roads and bridges, the planting of trees, the construction of hospitals, poor-houses, markets, slaughter-houses, drains, waterworks, tanks and wells, vaccination, sanitation, and in general any measure of local public utility calculated to promote the safety, health, or comfort of the people.

Village Self-government. - The Madras Village Panchayats Act, 1920 (15 of 1920), is still another law the origin of which can be traced to the recommendations of the Royal Commission on Decentralization. It provides for the constitution by election of Village Panchayats or Committees, holding office for three years. The panchayats have power to deal with the construction of roads, bridges, wells and buildings, lighting, drainage, burial grounds, vaccination, registration of births and deaths, cattle pounds, and libraries. Local Boards may also delegate certain of their functions to the panchayats within their jurisdiction, and the Local Government may confer on them certain additional powers and may permit them to levy taxes and fees. The promoters of the measure anticipated that it would help to rouse the communal spirit and enable villagers to gather experience in the management of local affairs and so to fit themselves in course of time to take a more active part in promoting the broader interests of their district, province, and country.

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