East India Company Act, 1784 (24 Geo. III, s. 2, c. 25)

An Act for the better regulation and management of the affairs of the East India Company, and of the British possessions in India; and for establishing a Court of Judicature for the more speedy and effectual trial of persons accused of offences committed in the East Indies.

FOR the better government and security of the territorial possessions of this kingdom in the East Indies, be 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. That it shall and may be lawful to and for the King's Majesty, his heirs and successors, by any commission to be issued under the great seal of Great Britain, to nominate and appoint such persons, not exceeding six in number, as His Majesty shall think fit, being of His Majesty's most honourable Privy Council, of whom one of His Majesty's Principal Secretaries of State for the time being, and the Chancellor of the Exchequer for the time being, shall be two, to be, and who shall accordingly be, Commissioners for the affairs of India.

II. And be it further enacted by the authority aforesaid, that any number, not less than three of the said Commissioners, shall form a Board for executing the several powers which, by this or any other act, shall be vested in the Commissioners aforesaid.

III. And be it further enacted, that the said Secretary of State, and, in his absence, the said Chancellor of the Exchequer, and, in the absence of both of them, the senior of the said other Commissioners, according to his rank in seniority of appointment, shall preside at, and be president of the said Board; and that the said Commissioners shall have, and they are hereby invested with, the superintendence and control over all the British territorial possessions in the East Indies, and over the affairs of the United Company of Merchants trading thereto, in manner hereinafter directed.

IV. And be it further enacted, that in case the members present at the said Board shall at any time be equally divided in opinion, in respect to any matter depending before them, then, and in every such case, the then President of the said Board shall have two voices, or the casting vote.

V. And be it further enacted, that it shall and may be lawful for the King's Majesty, his heirs and successors, from time to time, at his and their will and pleasure, to revoke and determine the Commission aforesaid, and from time to time to cause any new Commission or Commissions to be sealed as aforesaid, for appointing any other person or persons, being of His Majesty's most honourable Privy Council, of whom, one of his Majesty's principal Secretaries of State, and the Chancellor of the Exchequer for the time being, shall always be two, to be Commissioners and Members of the said Board, when and so often as His Majesty, his heirs or successors, shall think fit, so that the number of Commissioners therein to be named shall in no wise exceed the aforesaid number of six.

VI. And be it further enacted, that the said Board shall be fully authorized and empowered, from time to time, to superintend, direct, and control, all acts, operations, and concerns, which in any wise relate to the civil or military government or revenues of the British territorial possessions in the East Indies, in the manner hereinafter directed.

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XI. And, to the intent that the said Board may be duly informed of all transactions of the said Company, in respect to the management of their concerns in the East Indies; be it further enacted that all the members of the said Board shall, at all convenient times, have access to all papers and muniments of the said United Company, and shall be furnished with such extracts or copies thereof as they shall from time to time require and that the Court of Directors of the said United Company shall, and they are hereby required and directed to deliver to the said Board, copies of all minutes orders, resolutions, and other proceedings, of all general and special Courts of Proprietors of the said Company, and of the Court of Directors, so far as relate to the civil or military government or revenues of the British territorial possessions in the East Indies, within eight days after the holding of such respective Courts; and also copies of all dispatches which the said Directors, or any Committee of the said Directors, shall receive from any of their servants in the East Indies, immediately after the arrival thereof; and also copies of all letters, orders, and instructions whatsoever relating to the civil or military government or revenues of the British territorial possessions in the East Indies, proposed to be sent or dispatched by the said Court of Directors, or any Committee of the said Directors, to any of the servants of the said Company in the East Indies; and that the said Court of Directors of the said United Company shall, and they are hereby required to, pay due obedience to, and shall be governed and bound by, such orders and directions as they shall from time to time receive from the said Board, touching the civil or military government and revenues of the British territorial possessions in the East Indies.

XII. And be it further enacted, that, within fourteen days after the receipt of such copies last-mentioned, the said Board shall return the same to the said Court of Directors, with their approbation thereof, subscribed by three of the members of the said Board, or their reasons at large for disapproving the same, together with instructions from the said Board to the said Court of Directors in respect thereto; and that the said Court of Directors shall thereupon dispatch and send the letters, orders, and instructions so approved or amended, to their servants in India, without further delay, unless, on any representation made by the said Directors to the said Board, the said Board shall direct any alterations to be made in such letters, orders, or instructions; and no letters, orders, or instructions, until after such previous communication thereof to the said Board, shall at any time be sent or dispatched by the said Court of Directors to the East Indies, on any account or pretence whatsoever.

XIII. And, for the readier dispatch of the civil and military concerns of the said United Company, be it further enacted, that whenever the Court of Directors of the said United Company shall neglect to transmit to the said Board their intended dispatches on any subject, within fourteen days after requisition made, it shall and may be lawful to and for the said Board to prepare and send to the Directors of the East India Company (without waiting for the receipt of the copies of dispatches intended to be sent by the said Court of Directors as aforesaid) any orders or instructions to any of the governments or presidencies aforesaid, concerning the civil or military government of the British territories and possessions in the East Indies; and the said Directors shall, and they are hereby required to transmit dispatches in the usual form (pursuant to the tenor of the said orders and instructions so transmitted to them) to the respective governments and presidencies in India, unless, on any representation made by the said Directors to the said Board, touching such orders or instructions, the said Board shall direct any alteration to be made in the same; which directions the said Court of Directors shall in such case be bound to conform to.

XIV. And be it further enacted, that in case the said Board shall send any orders or instructions to the said Court of Directors, to be by them transmitted to India, which, in the opinion of the said Court of Directors, shall relate to points not connected with the civil or military government and revenues of the said territories and possessions in India, then, and in any such case, it shall be lawful for the said Court of Directors to apply, by petition, to His Majesty in Council, touching such orders and instructions; and His Majesty in Council shall decide whether the same be, or be not, connected with the civil or military government and revenues of the said territories and possessions in India ; which decision shall be final and conclusive.

XV. Provided nevertheless, and be it further enacted, that if the said Board shall be of opinion that the subject matter of any of their deliberations concerning the levying of war or making of peace, or treating or negotiating with any of the native princes or states in India, shall require secrecy, it shall and may be lawful for the said Board to send secret orders and instructions to the Secret Committee of the said Court of Directors for the time being, who shall thereupon, without disclosing the same, transmit their orders and dispatches in the usual form, according to the tenor of the said orders and instructions of the said Board, to the respective governments and presidencies in India; and that the said governments and presidencies shall pay a faithful obedience to such orders and dispatches, and shall return their answers to the same, sealed (under cover) with their respective seals, to the said Secret Committee, who shall forthwith communicate such answers to the said Board.

XVI. And be it enacted by the authority aforesaid, that it shall and may be lawful to and for the Court of Directors of the said United Company for the time being, and they are hereby required, from time to time, to appoint a Secret Committee, to consist of any number of the said Directors for the time being, not exceeding three; which Secret Committee shall, from time to time, upon receipt of any such secret orders and instructions concerning the levying of war or making of peace, or treating or negotiating with any of the native princes or states of India, from the said Commissioners for the Affairs of India, as are hereinbefore mentioned, transmit to the respective governments and presidencies in India a duplicate or duplicates of such orders and instructions, together with orders in writing, signed by them the members of the said Secret Committee, to carry the same into execution; and to all such orders and instructions, so transmitted, the several governments and presidencies in India are hereby required to pay the same obedience as if such orders and directions had been issued and transmitted by the Court of Director's of the said United Company.

XVIL. Provided also, and be it further enacted and declared, by the authority aforesaid, that nothing in this Act contained shall extend to give unto the said Board the power of nominating or appointing any of the servants of the said United Company; any thing herein contained to the contrary notwithstanding.

XVIII. And be it further enacted, that as soon as the office of any one of the counsellors of the presidency of Fort William in Bengal (other than the Commander-in-Chief) shall become vacant by death, removal, or resignation, the vacancy so happening shall not be supplied by the said Court of Directors, but the said Supreme Government shall from thenceforth consist of a Governor-General and three supreme counsellors only; and that the Commander-in-Chief of the Company's forces in India for the time being, shall have voice and precedence in Council next after the said Governor-General ; any thing in any former Act of Parliament contained to the contrary notwithstanding.

XIX. And be it further enacted that the Government of the several presidencies and settlements of Fort Saint George and Bombay shall, after the commencement of this Act, consist of a Governor or President, and three Counsellors only, of whom the Commander-in-Chief in the said several settlements for the time being shall be one, having the like precedence in Council as in the Presidency of Fort William in Bengal, unless the Commander-in-Chief of the Company's forces in India shall happen to be present in either of the said settlements; and in such case the said Commander-in-Chief shall be one of the said Counsellors, instead of the Commander-in-Chief of such settlement; and that the said Commander- in-Chief of such settlement shall during such time have only a seat, but no voice in the said Council.

XX. And be it further enacted, that the Court of Directors of the said United Company shall, within the space of one calendar month next after the passing of this Act, nominate and appoint, from amongst the servants of the said Company in India, or any other persons, a fit and proper person to be the Governor of the said Presidency or Settlement of Fort Saint George, and two other fit and proper persons from amongst the said servants in India, who, together with the Commander-in-Chief at Fort Saint George for the time being, shall be the Council of the same Presidency or Settlement; and that the said Court of Directors shall also, in like manner, and within the time aforesaid, nominate and appoint fit and proper persons to be the Governor and Council of the said Presidency or Settlement of Bombay, under the same restrictions as are hereinbefore provided in respect to the Governor or President and Council of Fort Saint George.

XXI. And be it further enacted, that in case the members present at any of the Boards or Councils of Fort William, Fort Saint George, or Bombay, shall at any time be equally divided in opinion in respect to any matter depending before them, then, and in every such case the said Governor-General or the Governor or President, as the case may be, shall have two voices, or the casting vote.

XXII. And be it further enacted, that it shall and may be lawful to and for the King's Majesty, his heirs and successors, by any writing or instrument under his or their sign manual, countersigned by the said Secretary of State, or for the Court of Directors of the said United Company for the time being, by writing under their hands, to remove or recall the present or any future Governor-General of Fort William at Bengal, or any of the members of the Council of Fort William aforesaid, or any of the governors or presidents, and members of the Councils, of the Presidencies or Settlements of Fort Saint George and Bombay, or of any other British Settlements in India, or any other person or persons holding any office, employment, or commission, civil or military, under the said United Company in India, for the time being; and to vacate and make void all and every or any appointment or appointments of any person or persons to any of the offices or places aforesaid; and that all and every the powers and authorities of the respective persons so removed or recalled, or whose appointment shall be so vacated, shall cease or determine at or from such respective time or times as in the said writing or writings shall be expressed and directed: provided always, that a duplicate or copy of every such writing or instrument, under His Majesty's sign manual, attested by the said Secretary of State for the time being, shall, within eight days after the same shall be signed by His Majesty, his heirs or successors, be transmitted or delivered, by the said Secretary of State, unto the Chairman or Deputy Chairman for the time being of the said United Company, to the intent that the Court of Directors of the said Company may be apprised thereof.

XXIII. And be it further enacted, that whenever any vacancy or vacancies of the office of Governor-General or President, or of any member of the Council, shall happen in any of the presidencies aforesaid, either by death, resignation, or recall, as aforesaid, then and in such case the Court of Directors of the said United Company shall proceed to nominate and appoint a fit person or persons to supply such vacancy or vacancies from amongst their covenanted servants in India, except to the office of Governor-General, or the office of Governor or President of Fort Saint George or Bombay, or of any Commander-in-Chief, to which several offices the said Court of Directors shall be at liberty, if they shall think fit, to nominate and appoint any other person or persons respectively.

XXIV. Provided always, and be it further enacted, that the said Commanders-in-Chief, at each of the said presidencies respectively, shall in no case succeed to the office of Governor-General or President of Fort William, Fort Saint George, or of Bombay, unless thereunto specially appointed by the Court of Directors of the said United Company; but that in case of the vacancy of the said offices of Governor-General or President respectively, when no person shall be specially appointed to succeed thereunto, the Counsellor next in rank to such Commander-in-Chief shall succeed to such office, and hold the same, until some other person shall be appointed thereunto by the said Court of Directors.

XXV. Provided always, and be it further enacted, that when and so often as the Court of Directors shall not, within the space of two calendar months, to be computed from the day whereon the notification of the vacancy shall have been received by the said Court of Directors, proceed to supply the same, then and in any such case, and so often as the same shall happen, it shall be lawful for His Majesty, his heirs and successors, to constitute and appoint, by writing under his or their royal sign manual (under the same restrictions and regulations as are hereinbefore provided, with respect to the nominations and appointments made by the said Court of Directors), such person or persons as His Majesty, his heirs and successors shall think proper to succeed to and supply the respective office or place, offices or places, so vacant or from which any person or persons shall be so recalled or removed, or whose appointment or appointments shall have been vacated and made void as aforesaid; and that every person or persons so constituted and appointed, shall have and be invested with the same powers, privileges and authorities, as if he or they had been nominated and appointed by the said Court of Directors, and shall be subject to recall only by the King's Majesty, his heirs or successors; any thing herein contained to the contrary notwithstanding.

XXVI. And be it further enacted, by the authority aforesaid, that it shall and may be lawful to and for the Court of Directors of the said United Company, if they shall so think fit, subject to the like limitations and restrictions as are hereinbefore enacted, respecting the persons qualified to be appointed members of the Government of the respective settlements of the said United Company at Fort William, Fort Saint George, and Bombay, to appoint, from time to time, fit and proper persons to succeed, in case of vacancy, to the several offices of Governor-General or President of Fort Saint George or Bombay, or Commander- in-Chief of the said Company's forces at any of the said settlements or member of any of the said Councils; and such appointments respectively at their pleasure again to revoke; but that no person so appointed to succeed to any of the said offices, in case of vacancy, shall be entitled to any salary, advantage, or allowance whatsoever, by reason of such appointment, until such persons respectively shall take upon themselves the offices to which they shall so respectively have been appointed.

XXVIL. And be it further enacted by the authority aforesaid that when and so often as the number of members of any of the said Councils of Fort William, Fort Saint George, or Bombay, shall, by death, or absence, by reason of sickness or otherwise, for fourteen days be reduced to two, including the Governor-General or President of such Council, the person who shall stand senior in such provisional appointment as is hereinbefore mentioned, or in case there shall be no such appointment, then the senior civil servant of the said Company upon the spot, shall be called to such Council, and shall have a voice therein in like manner as if he had been appointed thereunto by the Court of Directors of the said Company, and shall hold such office in case the vacancy shall have happened by death, until a successor thereunto shall be appointed by the said Court of Directors; or if such vacancy shall have happened by absence or sickness, until the return or recovery of such sick or absent member; and that all persons so exercising the office of a Counsellor at any of the said presidencies shall be entitled for the time he shall so hold the same, to the like advantages, as if he had been thereunto permanently appointed by the said Court of Directors.

XXVIII. And be it further enacted, that no resignation to be made of the offices of the Governor- General, or Governor or President of any of the subordinate settlements, or Commander-in-Chief or members of the respective Councils of any of the said presidencies in India, shall be deemed or construed to be legal or valid, or shall be accepted as such, unless the same be made by an instrument in writing under the hand of the officer or person resigning the same.

XXIX. And be it further enacted, that no order or resolution of any General Court of the proprietors of the said United Company shall be available to revoke or rescind, or in any respect to affect, any act, order, resolution, matter, or proceeding, of the said Court of Directors, by this Act directed or authorized to be made or done by the said Court after the same shall have been approved by the said Board, in the manner hereinbefore directed; any law or usage to the contrary notwithstanding.

XXX. And be it further enacted, that so much and such parts of an Act, made in the twenty-first year of the reign of his present Majesty, as directs the Court of Directors of the said United Company to deliver to the Commissioners of the Treasury, or to the High Treasurer for the time being, or to one of His Majesty's principal Secretaries of State, copies of any letters or orders relating to the management of the revenues, or to the civil and military affairs of the said Company; and also all such powers and authorities given to or vested in the Proprietors and Directors of the said United Company, or in any General or Special Court thereof respectively, in and by any Act of Parliament or Charter, as are contrary or repugnant to this Act, or anything herein contained, shall be, and the same are hereby repealed; anything contained in any Act or Charter, or any custom or usage to the contrary notwithstanding.

XXXI. And be it further enacted, that the Governor-General and Council of Fort William aforesaid shall have power and authority to superintend, control, and direct the several presidencies and governments now or hereafter to be erected or established in the East Indies by the said United Company, in all such points as relate to any transactions with the country powers, or to war or peace, or to the application of the revenues or forces of such presidencies and settlements in time of war, or any such points as shall, from time to time, be specially referred by the Court of Directors of the said Company to their superintendence and control.

XXXII. And, in order to prevent the embarrassment and difficulty which may arise from any question, whether the orders or instructions of the Governor-General and Council of Fort William relate to other points than those aforesaid, be it further enacted, that notwithstanding any doubt which may be entertained by the said presidencies or settlements to whom such orders or instructions shall be given, respecting the power of the Governor-General and Council to give such orders, yet the said presidencies or settlements shall be bound to obey such orders and directions of the said Governor-General and Council in all cases whatever, except only where they shall have received positive orders and instructions from the said Court of Directors, or from the Secret Committee of the said Court of Directors, repugnant to the orders and instructions of the said Governor- General and Council, and not known to the said Governor-General and Council at the time of dispatching their orders and instructions as aforesaid; and the said Governor-General and Council shall at the time of transmitting all such orders and instructions, transmit therewith the dates of, and the times of receiving, the last dispatches, orders, and instructions which they have received from the Court of Directors, or from the Secret Committee of the said Court of Directors, or any of the points contained therein: and the said presidencies and governments, in all cases where they have received any orders from the said Court of Directors, or from the Secret Committee of the said Court of Directors, as aforesaid, which they shall deem repugnant to the orders of the said Governor-General and Council of Fort William and which were not known to the said Governor-General and Council at the time of dispatching their orders and instructions as aforesaid, shall forthwith transmit copies of the same, together with an account of all resolutions or orders made by them in consequence thereof to the Governor-General and Council of, Fort William, who shall, after the receipt of the same, dispatch such further orders and instructions to the said presidencies and settlements as they may judge necessary thereupon.

XXXIII. And be it further enacted, that the Governor-General and Council of Fort William aforesaid, and the several Presidents and Counsellors of Fort Saint George and Bombay, shall, at their several and respective Boards and Councils, proceed, in the first place, to the consideration of such questions and business as shall be proposed by the said Governor-General or Presidents respectively; and when and so often as any matter or question shall be propounded at any of the said Boards or Councils, by any of the Counsellors thereof, it shall be competent to the said Governor-General and Presidents respectively, to postpone or adjourn the discussion of the matter or question so propounded to a future day: provided always, that no such adjournment shall exceed forty-eight hours, nor shall the matter or question so proposed be adjourned more than twice, without the consent of the Counsellor who originally proposed the scheme.

XXXIV. And whereas to pursue schemes of conquest and extension of dominion in India are measures repugnant to the wish, the honour, and policy of this nation: be it therefore further enacted by the authority aforesaid, that it shall not be lawful for the Governor-General and Council of Fort William aforesaid, without the express command and authority of the said Court of Directors, or of the Secret Committee of the said Court of Directors, in any case, except where hostilities have actually been commenced, or preparations actually made for the commencement of hostilities, against the British nation in India, or against some of the Princes or States dependent thereon, or whose territories the said United Company shall be at such time engaged by any subsisting treaty to defend or guarantee, either to declare war or commence hostilities, or enter into any treaty for making war, against any of the Country Princes or States in India, or any treaty for guaranteeing the possessions of any Country Princes or States; and that in such case it shall not be lawful for the said Governor- General and Council to declare war or commence hostilities, or enter into any treaty for making war, against any other prince or state than such as shall be actually committing hostilities, or making preparations as aforesaid, or to make such treaty for guaranteeing, the possessions of any Prince or State, but upon the consideration of such Prince or State actually engaging to assist the Company against such hostilities commenced, preparations made as aforesaid; and in all cases or where hostilities shall be commenced, or treaty made, the said Governor-General and Council shall by the most expeditious means they can devise, communicate the same unto the said Court of Directors, together with a full state of the information and intelligence upon which they have commenced such hostilities, or made such treaties, and their motives and reasons for the same at large.

XXXV. And be it further enacted, that it shall not be lawful for the Governors or Presidents, and Counsellors, of Fort Saint George and Bombay, or of any other subordinate settlement respectively, to make or issue any order for commencing hostilities, or levying war, or to negotiate or conclude any treaty of peace, or other treaty, with any Indian Prince or State (except in cases of sudden emergency or imminent danger, when it shall appear dangerous to postpone such hostilities or treaty), unless in pursuance of express orders from the said Governor-General and Council of Fort William aforesaid, or from the said Court of Directors, or from the Secret Committee of the said Court of Directors; and every such treaty shall, if possible, contain a clause for subjecting the same to the ratification or rejection of the Governor-General and Council of Fort William aforesaid: and the said presidents and counsellors of the said Presidencies and Settlements of Fort Saint George, and Bombay, or other subordinate settlement, are hereby required to yield due obedience to all such orders as they shall from time to time respectively receive from the said Governor-General and Council of Fort William aforesaid, concerning the premises.

XXXVI. And be it further enacted that all and singular the said Presidents and Counsellors who shall willfully refuse to pay due obedience to such orders and instructions as they shall receive from the said Governor-General and Council of Fort William as aforesaid, shall be liable to be suspended from the exercise of their respective offices or powers, by order of the said Governor-General and Council of Fort William; and all and every of them are hereby further required, constantly and diligently to transmit to the said Governor- General and Council of Fort William aforesaid, true and exact copies of all orders, resolutions, and Acts in Council, of their respective governments, presidencies and councils, and also advice and intelligence of all transactions and matters which shall come to their knowledge, material to be communicated to the Governor-General and Council of Fort William aforesaid, or which the said Governor-General and Council shall from time to time require.

From: A. Berriedale Keith, ed. Speeches and Documents on Indian Policy, 1750-1921. Vol. I. London: Humphrey Milford, Oxford University Press, 1922, 95-114.