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provisions rendered necessary by the fact that in continuation of the practice of the East India Company (dating back at least to the year of the charter granted by William III. to the New Company in 1698) the Secretary of State in Council of India has always maintained and to-day maintains for British-born servants of the Crown in India, including the British Army, an establishment of Anglican chaplains, as well as a number of churches, either in whole or in part. The Bill makes clear that none of its provisions will (save as expressly provided) affect the continuance of the existing practice with regard to the maintenance of these chaplains and churches, but since it is necessary to secure that both should continue to be available for the purpose for which they were intended it gives power for the GovernorGeneral of India in Council, with the sanction of the Secretary of State in Council, to make rules, with the concurrence of the Metropolitan Bishop of Calcutta, to regulate and provide for various matters in which Government is concerned-for example, the continuance in Maintained Churches of Church of England services.

Recourse to arbitration is provided for in certain circumstances.

The Bill further provides that if the Indian Church at any time ceases to be in communion with the Church of England the Governor-General of India in Council shall be at liberty to resume complete control over the Maintained Churches.

Communication is being separately made to Parliament of the draft Indian Church Measure which was introduced by order of the House of Bishops to the National Assembly of the Church of England on the 2nd March, 1927, and of the draft Indian Church Statutory Rules proposed to be made under clause 5 of the Bill if it passes into law.

ARRANGEMENT OF CLAUSES.

Clause.

1. Interpretation.

2. Certain events to happen as from date of severance. 3. Saving of certain rights.

4. Resumption of control of Maintained Churches. 5. Power to make rules.

6. Incorporation and powers of Indian Church Trustees and vesting of property.

7. Interpretation of documents.

8. Trusts.

9. Saving rights.

10. Provisions as to marriages.

11. Commencement.

12. Short title.

SCHEDULES.

A

BILL

INTITULED

5

An Act to make provision incidental to and conse- A.D. 1927. quential on the dissolution of the legal union between the Church of England and the Church of England in India.

WHEREAS by the Indian Church Measure, 1927,

provision is made for the dissolution of the legal union between the Church of England and the Church of England in India :

And whereas for the purpose of giving effect to certain changes consequential on the said Measure it is expedient that the provisions hereinafter contained should be enacted by Parliament :

Be it therefore enacted by the King's most Excellent 10 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, as follows:

15

20

1. In this Act

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The expression "date of severance means such
day as may be fixed under the said Measure
as the date for the dissolution of such union
as aforesaid.

The expression " Indian Church" means, in respect
of the period before the date of severance, the
Church of England in India and, in respect

Interpretation.

A.D. 1927.

of the period commencing on the date of
severance, the Church of England in India
as severed from the Church of England not-
withstanding the adoption by the said church
any other name or names.

of
The expression "the Bishop of Calcutta "

means

the occupant for the time being of the See of Calcutta, whether or not that See is constistituted an Archiepiscopal See.

5

The expression "General Council " means the 10 body recognised as such by the Bishop of Calcutta.

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The expression "chaplain means a clergyman in
priest's orders in the Church of England or
a church in communion with the Church of 15
England who is appointed by the Secretary
of State in Council of India to a chaplaincy
in pursuance of his existing practice or
powers, or any such clergyman in the per-
manent service of the Crown who is accepted 20
by the Secretary of State in Council as holding
a like chaplaincy.

The expression "Maintained Church" means a
church specified in the list contained in the
Second Schedule to this Act as varied from 25
time to time under the provisions of the Act
or of rules made thereunder.

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The expression property subject to this Act "
means all property of whatsoever kind held
on behalf of or for the benefit of the Indian 30
Church or of any diocese or dioceses or other
part or parts thereof or of any person holding
office in the said church or any diocese thereof
as such or for the furtherance of any religious,
educational or philanthropic work in connec- 35
tion therewith.

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The expressions "the Societies Registration Act,
1860,' "the Indian Companies Act, 1913,"
and "the Indian Christian Marriage Act,
1872," mean the Acts of the Indian Legislature 40
which may be cited by those titles respec-
tively.

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