East India Company Act 1793
|Publication Date:||January 01, 1793|
(33 Geo. 3) C A P. LII.
[11th June 1793]
'WH E R E A S it is expedient that the exclusive Trade of the United Company of Merchants ofEngland trading to the East Indies , within the Limits of their Charter, which, by an Act made in the twenty-first Yearof his Majesty's Reign, for establishing an Agreement with the said Company, and other Purposes, was continued to them for a Term thereby limited, should be further continued to them and their Successors, under certain Limitations and Restrictions, for a Term of twenty Years, to be computed from the first Day ofMarch one thousand seven hundred and ninety-four, liable to be discontinued at or after the End of such Period, upon three Years Notice previously given by Parliament for that Purpose and that during the said further Term all the Territorial Acquisitions obtained in the East Indies which, by an Actmade in the seventh Year of his Majesty's Reign, for establishing an Agreement for the Payment of a certain Annual Sum for a limited Time by the said Company, in respect to the said Acquisitions, and the Revenues thereof, and by subsequent Acts, were continued in the Possession of the said Company, together with the Territorial Acquisitions lately obtained there, with the Revenues of the same respectively, should remain in the Possession of the said Company, without Prejudice to the Claims of the Publick or of the said Company, subject to such Powers and Authorities for the Superintendance, Direction, and Controul over all Acts, Operations, and Concerns, which relate to the Civil or Military Government or Revenues of the said Territories, as have been already made or provided by any Act or Acts of Parliament in that Behalf, or to such further Powers, and under and subject to such other Rules, Regulations, and Restrictions, relating to or concerning the said Civil Government, and the Appropriation of the said Revenues, as shall be now made and provided by the Authority of Parliament:' May it therefore please your Majesty that it may be enacted; and be it enacted by the King'smost 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, That the said Territorial Acquisitions in the said former Acts mentioned, together with the Territorial Acquisitions lately obtained in theEast Indies , with the Revenues thereof respectively, shall remain and continue in the Possession of the said United Company for and during the further Term by this Act granted to them in the said exclusive Trade, subject nevertheless to the several Regulations and Provisions in this Act contained.
II His Majesty may appoint Commissioners for the Affairs of India.
II. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for his Majesty, his Heirs or Successors, by any Letters Patent, or by any Commission or Commissions to be issued under the Great Seal ofGreat Britain , from Time to Time to nominate, constitute, and appoint, during his or their Pleasure, such Members of the Privy Council (of whom the two Principal Secretaries of Stare, and the Chancellor of the Exchequer for the Time being, shall always be three,) and such other two Persons as his Majesty his Heirs or Successors, shall think fit to be, and who shall accordingly be and be styled Commissioners for the Affairs of India.
III Three Commissioners may form a Board, &c.
III. And be it further enacted, That any three or more of the said Commissioners shall and may form a Board, for executing the several Powers which by this Act or by any other Act or Acts, are or shall be given to or vested in the said Commissioners; and that the first named Commissioner in any such Letters Patent or Commission for the Time being shall be the President of the said Board; and that when any Board shall be formed in the Absence of the President, the Commissioner whose Name shall stand next in the Order of their Nomination in the said Commission, of those who shall be present, shall for that Turn preside at the said Board.
IV President to have the casting Vote.
IV. And be it further enacted, That if the Commissioners present at any Board shall be equally divided in Opinion, in respect to any Matter by them discussed, then and on every such Occasion the President, or in his Absence the Commissioner acting as such, shall have two Voices, or the casting Vote.
V Board may appoint Officers.
V. And be it further enacted, That the said Board of Commissioners shall and may nominate and appoint such Secretaries and Officers as shall be necessary to attend upon the said Board, who shall be subject to Dismission at the Pleasure of the said Board; and that the Proceedings of the said Commissioners shall be entered in proper Books; and that as well the said Commissioners or such and so many of them as his Majesty shall think fit, as likewise their Secretaries and other Officers, shall be paid such fixed Salaries as his Majesty shall, by any Warrant or Warrants under his Sign Manual, countersigned by the Chancellor of the Exchequer for the Time being, direct; and that in the mean Time the Salaries and Allowances already granted to the Secretaries and Officers of the present Board of Commissioners for the Affairs ofIndia shall be continued, all which Salaries, together with all other contingent Charges and Expences to be incurred by the said Board shall be paid and defrayed quarterly by the said Company, and deemed and taken as Part of their Commercial Charges, the quarterly Amount thereof being first settled and allowed by the said Board, and certified by the Presidentor acting President of the said Board for the Time being, to the Court of Directors of the said Company: Provided always, That the Whole of the Salaries to be paid to the Members of the said Boardshall not exceed the Sum of five thousand Pounds in any one Year; and that the Whole of the Salaries, Charges and Expences of the said Board, exclusive of the Salaries of the Members of the said Board, shall not exceed the Sum of eleven thousand Pounds in any one Year.
VI Commissioners to take the following.
VI. Provided also, and be it further enacted, That the said Commissioners, before they shall proceed to act in Execution of any of the Powers or Authorities vested in them (save only the Power of administering the Oath after mentioned) shall severally take and subscribe the following Oath; (that is to say,)
‘I A. B. do faithfully promise and swear, That as a Commissioner or Member of the Board for the Affairs of India, I will give my best Advice and Assistance for the good Government of the British Possessions in the East Indies, and the due Administration of the Revenues of the same, according to Law, and will execute the several Powers and Trusts reposed in me according to the best of my Skill and Judgment, without Favour or Affection, Prejudice or Malice, to any Person whatever .’
Which Oath any two of the said Commissioners shall and are hereby impowered to administer to the others of them, or any of them; and the said Oath shall be entered by their Chief Secretary amongst the Acts of the Board, and be duly subscribed and attested by the said Commissioners, at the Time of their taking and administering the same to each other respectively.
VII Officers to take Oaths.
VII. And be it further enacted, That the several Secretaries and other Officers of the said Board shall also take and subscribe, before the said Board, such Oath of Secresy, and for the Execution of the Duties of their respective Stations, as the said Board shall direct.
VIII. 'And, for obviating any Doubt which might otherwise arise, how far the Office or Appointment of a Commissioner of the said Board for the Affairs or India, by virtue of this Act, or of the Chief Secretary to the said Board, be with in any of the Provisions contained in an Act of the sixth Year of the Reign of QueenAnne , intituled, An Act for the Security of her Majesty's Person and Government, and of the Succession to the Crown ofGreat Britainin the Protestant Line , or how far the Appointment of any such Commissioner or Secretary, being a Member or Members of the House of Commons, shall vacate his or their Seat or Seats in that House,' be it further enacted and declared, That the said respective Offices, Places, or Appointmentsof a Commissioner or Chief Secretary of the said Board for the Affairs of India, to be made under the Authority of this Act shall not be deemed or taken to be within the Intent or Purview of the said Act of the sixth Year of QueenAnne , whereby to disqualify any such Commissioner or Chief Secretary from being elected, or sitting or voting as a Member of the House of Commons; nor shall the Appointment of any such Commissioner, not having any special Salary annexed to such Appointment, or the said Chief Secretary, if a Member or Members of the House of Commons, vacate his or their Seat or Seats in the said House; any Thing contained in the said Act of the sixth Year of Queen Anne , or in any other Act to the contrary notwithstanding.
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