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CUBLIC PECORD OFFICE
Peference -
ili C.O.882/12
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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if necessary the powers given to the Governor by Article 49 of the Order in Council would be invoked. It is possible, however, that circumstances might arise (not amounting to an actual emergency) in which the Governor would desire to give instructions to Departments which might be seriously challenged, and in that event 1 would be prepared to invite His Majesty in Council to amend the Order in Council BO as to remove all doubts as to the powers of the Governor in such an event. For this purpose the draft Order in Council (Enclosure B) has been prepared, and I should be glad to receive your observations upon it.
8. I trust that it may not actually be found necessary to enact either of these draft Orders in Council, but I think it desirable that the necessary provisions should be agreed upon in anticipation of a situation arising in which the existing powers of the Governor might be open to question. I should, however, be opposed to the enact- ment of any such Orders in Council unless and until a situation had actually arisen requiring their enactment. Although it might be possible to pass an Order in Council and withhold it from publication, its existence would in all probability become known and would lead to the difficulties foreshadowed in your despatch.
In conclusion, I should wish to make it clear that I do not propose by these Orders in Council to alter the general principles of the Constitution. To the extent that the Board of Ministers or the Executive Committees continued to function, the Governor would continue to be guided by the existing Royal Instructions. Further, in the exercise of the additional legislative powers given by Draft A the Governor would not go further than the immediate necessities required; ordinary legislation, particularly that of a controversial character. would be postponed until the normal working of the Constitution could be resumed.
I have, &c.,
Enclosure 1 in No. 49.
DRAFT A.--ORDER IN COUNCIL.
P. CUNLIFFE-LISTER.
WHEREAS by the Ceylon (State Council) Order in Council, 1931, His Majesty by and with the advice of His Privy Council was pleased to make provision for the Constitution of a State Council for Ceylon and for the exercise of executive functions by the members thereof:
AND WHEREAS His Majesty by Article 98 of that Order reserved to Himself, His Heirs, and Successors, power, with the advice of His or Their Privy Council, to revoke, alter or amend that Order as to Him or Them may seem fit:
AND WHEREAS it is expedient, in order to ensure in certain circumstances that the legislative functions of the State Council shall be performed, and for other purposes
to amend the said Order in the manner following:
NOW THEREFORE it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows :
1. This Order may be cited as the Ceylon (State Council) (Amendment) Order
in Council, 193 and shall come into operation forthwith.
1
2. The Ceylon (State Council) Order in Council, 1931, is hereby amended by the insertion therein, immediately after Article 22 of the following Article:-
"22 A. (1) Notwithstanding anything contained in this Order, if the Governor is satisfied that, by reason of the failure or refusal of the Board of Ministers, or of any Minister, or of any Executive Committee, or of the State Council, to exercise any of the powers conferred or duties imposed upon them by this Order, the administration of the Island is likely to be seriously affected, the Governor may, with the approval of the Secretary of State, by Proclamation bring Clause (2) of this Article into force.
•
(2) During such time as this clause of this Article shall be in force-
(a) Any Bill, motion, resolution or vote, the enactment or passage of which shall be considered by the Governor necessary for the proper adminis- tration of the Island, shall, for the purposes of Article 22. be deemed to be essential to give effect to the provisions of this Order; and
(b) If at any time the Council shall stand adjourned or shall have been dissolved, or it shall appear to the Governor for any other reason that the declaration mentioned in paragraph (b) of Clause (1) of that Article cannot be made as therein provided, that declaration may be made by publication in the Government Gazette."
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3. Clause 1 of Article 22 of the said Order in Council is hereby amended by the addition at the end thereof of the following paragraph :-
04
(c) The validity of any proceedings or any Bill, motion, resolution or vote
in respect of which a declaration as aforesaid is made shall not be affected by the absence of
a quorum.'
21
4. His Majesty hereby reserves to Himself, His Heirs, and Successors, power, with the advice of His or Their Privy Council to revoke, alter or amend this Order
as to Him or Them shall seem fit.
called
Enclosure 2 in No. 49.
DRAFT BORDER IN COUNCIL..
WHEREAS by the Ceylon (State Council) Order in Council, 1931 (hereinafter "the Order of 1981"), as amended by the Ceylon (State Council) (Amend- ment) Order in Council, 193 His Majesty by and with the advice of His Privy Council was pleased to make provision for the constitution of a State Council for Ceylon and for the exercise of executive functions by the members thereof:
J
AND WHEREAS His Majesty by Article 98 of the Order of 1931 reserved to Him- self, His Heirs, and Successors, power, with the advice of His or Their Privy Council, to revoke, alter or amend that Order as to Him or Them may seem fit:
AND WHEREAS it is expedient, in order to enable the Governor of Ceylon, in certain circumstances, more effectually to ensure that the good government of the Island is maintained, to amend the Order of 1931 in the manner following:
NOW THEREFORE it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows:-
1.
This Order may be cited as the Ceylon (State Council) (Amendment) (No. 2*) Order in Council, 193, and shall come into operation forthwith.
2. The Order of 1931 amended as aforesaid, is hereby further amended by the insertion therein, immediately after Article 49, of the following Article:-
49A. Notwithstanding anything contained in this Order, if the Governor is satisfied that, by reason of the failure or refusal of the Board of Ministers or of any Minister, or of any Executive Committee, or of the State Council, to exercise any of the powers conferred or duties-imposed upon them by this Order, the administration of the Island is likely to be seriously affected, the Governor may, with the approval of the Secretary of State, by Proclamation assume control of any Government Department and issue such orders to that Department as he may see fit."
3. His Majesty hereby reserves to Himself, His Heirs, and Successors, power, with the advice of His or Their Privy Council to revoke, alter or amend this Order as to Him or Them shall seem fit.
14274/33 [No. 3].
No. 50.
THE GOVERNOR to THE SECRETARY OF STATE.. (Received 8th May, 1933.)
(Confidential.)
SIR,
Ceylon, 16th April, 1933. In accordance with the provisions of Article 23 (i) of the Ceylon (State Council) Order in Council, I have the honour to report to you the following cases in which declarations have been made under Article 22 (i) (b) of the Order in Council. (a) Declaration in the State Council by the Acting Financial Secretary, acting on my instructions, that a motion to provide Rs. 3,000/- for the payment of the difference of salary between Rs. 10,200 and Rs. 7,200 per annum
to Mr. J. G. Morley, Government Assessor, was essential to give effect to the provisions of the Order in Council-see Item 7 of the annexed copy
*Only required if both Orders are made in the same year.
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