Nyasaland (Constitution) Order in Council, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/1189 |
| Year | 1961 |
1961 No. 1189
RHODESIA AND NYASALAND FEDERATION
The Nyasaland (Constitution) Order in Council, 196126thJune 1961
30thJune 1961
On a day to be appointed by the Governor under section 1 (2).
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
Section
1. Citation, commencement and revocation.
2. Interpretation.
PART II
THE GOVERNOR
3. The Governor.
4. Acting Governor.
5. Deputy to Governor.
PART III
EXECUTIVE COUNCIL
6. Executive Council.
7. Ex officio members.
8. Appointed members.
9. Governor to consult Executive Council.
10. Governor may act against advice of Executive Council.
11. Tenure of office of appointed members.
12. Temporary members of Executive Council.
13. Determination of questions as to membership of Executive Council.
14. Oath or affirmation by members of Executive Council.
15. Summoning of Executive Council.
16. Proceedings in Executive Council.
17. Assignment of departments.
18. Parliamentary Secretaries.
19. Leave of absence.
PART IV
LEGISLATIVE COUNCIL
20. Legislative Council.
21. The Speaker.
22. Acting Speaker.
23. Ex officio members.
24. Official members.
25. Elected members.
26. Nominated members.
27. Qualifications for elected members.
28. Disqualifications for elected and nominated members.
29. Tenure of office of official, elected and nominated members.
30. Vacation of seat on sentence, etc.
31. Temporary members of Legislative Council.
32. Determination of questions as to membership of Legislative Council.
33. Penalty for sitting or voting in Legislative Council when unqualified.
34. Persons not to be treated as holding public offices.
PART V
LEGISLATION AND PROCEDURE IN LEGISLATIVE COUNCIL
35. Power to make laws.
36. Royal Instructions.
37. Standing Orders.
38. Oath or affirmation of allegiance.
39. Presiding in Legislative Council.
40. Quorum.
41. Legislative Council may transact business notwithstanding vacancies.
42. Voting.
43. Summoning of persons to Legislative Council.
44. Governor may address Legislative Council.
45. Introduction of Bills, etc.
46. Governor's reserved power.
47. Assent to Bills.
48. Disallowance of laws.
49. Privileges of Legislative Council and its members.
50. Sessions.
51. Prorogation and dissolution.
52. General elections.
PART VI
VOTERS AND CONSTITUENCIES
53. Voters.
54. Qualifications and disqualifications for voters.
55. Additional qualifications: lower franchise.
56. Additional qualifications: higher franchise.
57. Literacy, income, ownership and value of property.
58. Married women.
59. Preservation of rights.
60. Constituencies.
61. Constituencies Commission.
62. Law as to elections.
PART VII
OFFICES AND THE PUBLIC SERVICE
63. Governor's powers to constitute and appoint to offices.
64. Governor's powers to dismiss and discipline public officers.
65. Delegation of Governor's powers.
66. Public Service Commission.
67. Public Service Commission to advise Governor.
68. Public Service Commission to advise other officers.
69. Regulations regarding Public Service Commission.
70. Police Service Commission.
71. Police Service Commission to advise Governor.
72. Application of sections 68 and 69 to Police Service Commission.
73. Salaries, allowances and conditions of service of members of Public Service Commission and Police Service Commission.
PART VIII
THE JUDICATURE
The High Court
74. High Court.
75. Appointment of judges.
76. Retirement and resignation of judges.
77. Removal of judges.
78. Acting Chief Justice.
79. Acting Puisne Judge.
80. Oaths to be taken by judges.
81. Salaries, allowances and conditions of service of judges.
Jurisdiction of the High Court and subordinate courts
82. Jurisdiction of High Court.
83. Application of English law etc. by High Court and subordinate courts.
84. Application of certain enactments to Nyasaland.
PART IX
MISCELLANEOUS
85. Division of Nyasaland into provinces or districts.
86. Governor's powers with respect to land.
87. Public seal.
88. Governor's powers of pardon, etc.
89. Concurrent appointments.
PART X
TRANSITIONAL PROVISIONS
90. Executive Council.
91. Existing appointments.
92. High Court proceedings and rules of court.
93. Adaptation of existing laws.
FIRST SCHEDULE
ORDERS IN COUNCIL REVOKED
SECOND SCHEDULE
FORMS OF OATHS AND AFFIRMATIONS
At the Court at Buckingham Palace, the 26th day of June, 1961
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890(a), the Colonial Courts of Admiralty Act, 1890(b), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and revocation.
1.—(1) This Order may be cited as the Nyasaland (Constitution) Order in Council, 1961.
(2) This Order shall be published in the Gazette and, except for Part III and sections 70, 71 and 72, shall come into operation on such day (in this Order referred to as "the commencement date") as the Governor, in his discretion, may by proclamation published in the Gazette appoint, which day shall not be earlier than the day when this Order is so published or than the day after that on which this Order is laid before both Houses of Parliament; and Part III and sections 70, 71 and 72 of this Order shall come into operation on such later day or days as the Governor, in his discretion, may so appoint.
(a) 53 & 54 Vict. c. 37.
(b) 53 & 54 Vict. c. 27.
(3) The Orders in Council set out in the First Schedule to this Order are revoked, but this revocation shall not prejudice anything lawfully done thereunder, and in particular shall not affect the continued operation of any law made under or by virtue of those Orders and in force in Nyasaland immediately before the commencement date.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"the Gazette" means the Nyasaland Government Gazette;
"the Governor" means the Governor of Nyasaland;
"law" includes any instrument having the force of law made in exercise of a power conferred by a law;
"public office" means an office of emolument in the public service;
"public officer" means the holder of any public office or a person appointed to act in a public office;
"public seal" means the public seal of Nyasaland;
"public service" means the service of the Crown in respect of the government of Nyasaland;
"session" means the sittings of the Legislative Council commencing when the Council first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Council is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the Legislative Council is sitting continuously without adjournment, and includes any period during which the Council is in committee.
(2) A reference in this Order to the holder of an office by the term designating his office includes, to the extent of his authority, any person who is for the time being authorized to perform the functions of that office.
(3) For the avoidance of doubt it is hereby declared that any person who has vacated his seat in any body, or has vacated any office, established by this Order may, if qualified, again be appointed or elected as a member of that body or to that office, as the case may be, from time to time.
(4) References in this Order to Her Majesty's dominions shall be construed as if they were references to all countries or territories within the Commonwealth.
(5) The provisions of this Order shall have effect subject to the provisions of the Federation of Rhodesia and Nyasaland (Constitution) Order in Council, 1953(a), and shall be construed accordingly.
(6) The Interpretation Act, 1889(b), shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.
PART II
THE GOVERNOR
The Governor.
3.—(1) There shall be a Governor of Nyasaland who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty's pleasure.
(a) S.I. 1953/1199 (1953 II, p. 1804).
(b) 52 & 53 Vict. c. 63.
(2) The Governor shall have such powers and duties as are conferred or imposed upon him by or under this Order or any other law, and such other powers and duties as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of this Order and of any other law by which any such powers or duties are conferred or imposed, shall do and execute all things that belong to his office (including the exercise of any powers with respect to which he is empowered by this Order to act in his discretion) according to such instructions, if any, as Her Majesty may from time to time see fit to give him; but the question whether he has in any matter complied with such instructions shall not be enquired into by any court.
(3) A person appointed to the office of Governor shall, before assuming the functions of his office, make oaths or affirmations of allegiance and for the due execution of his office in the forms set out in the Second Schedule to this Order.
Acting Governor.
4.—(1) During any period when the office of Governor is vacant or the Governor is absent from Nyasaland or is for any other reason unable to perform the functions of his office those functions shall, during Her Majesty's pleasure, be assumed and performed by—
(a) such person as Her Majesty may designate in that behalf by Instructions given under Her Sign Manual and Signet or through a Secretary of State; or
(b) if there is no person in Nyasaland so designated and able to perform those functions, the person who is the substantive holder of the office of Chief Secretary.
(2) Before assuming the functions of the office of Governor any such person as aforesaid shall make the oaths or affirmations directed by the last foregoing section to be made by...
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