(1) If at any time when the Legislature of a Province is not in session the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:
1[Provided that the Governor--
(a) shall exercise his individual judgment as respects the promulgation of any ordinance under this section, if--
(i) a Bill containing the same provisions would under this Act have required his or the Governor-General's previous sanction to the introduction thereof into the Legislature or
(ii) an Act of the Provincial Legislature containing the same provisions would under this Act have been invalid unless having been reserved for the consideration of the Governor-General or for the signification of His Majesty's pleasure it had received the assent of the Governor-General or of His Majesty; and
(b) shall without instructions from the Governor-General acting in his discretion, promulgate any such ordinance if--
(i) a Bill containing the same provisions would under this Act have required the Governor-General's previous sanction for the introduction thereof into the Legislature; or
(ii) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the Governor-General; or
(iii) an Act of the Provincial Legislature containing the same provisions would under this Act have been invalid unless, having been reserved for the consideration of the Governor-General or for the signification of His Majesty's pleasure it had received the assent of the Governor-General or of His Majesty.]
(2) An ordinance promulgated under this section shall have the same force and effect as an Act of the Provincial Legislature assented to by the Governor but every such ordinance--
(a) shall be laid before the Provincial Legislature and shall ceases to operate at the expiration of six weeks from the reassembly oil the Legislature, or if a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council;
(b) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Provincial Legislature assented to by the Governor; and
(c) may be withdrawn at any time by the Governor.
(3) If and so far as an ordinance under this section makes any provision which would not be valid if enacted in an Act of the Provincial Legislature assented to by the Governor, it shall be void.
2[Provided that, for the purposes of the provisions of this Act relating to the effect of an Act of a Provincial Legislature which is repugnant to an Act of the Federal Legislature or an existing Indian Law with respect to a matter enumerated in the Concurrent Legislative List, an ordinance promulgated under this section in pursuance of instructions from the Governor-General acting in his discretion shall be deemed to be an Act of the Provincial Legislature which has been reserved for the consideration of the Governor-General and assented to by him].
_________________________
1. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940(3 & 4 Geo. 6, ch. 5) s. 4.
This Proviso, again, was substituted by the India (Provisional Constitution) Order, 1947, as follows--
"Provided that the Governor shall not, without instructions from theGovernor-General, promulgate any such Ordinance if an Act of the ProvincialLegislature containing the same provisions would under this Act have beeninvalid unless, having been reserved for the consideration of the Governor-General, it had received assent of the Governor-General."
2. Inserted, by the India (Provisional Constitution) Order, 1947.
Section 89 - Power of Governor to promulgate ordinances at any time with respect to certain subjects
1[89 Power of Governor to promulgate ordinances at any time with respect to certain subjects
(1) If at any time the Governor of a Province is satisfied that circumstances exist which render it necessary for him to take immediate action for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion, or to exercise his individual judgment, he may promulgate such ordinances as in his opinion the circumstances of the case require.
(2) An ordinance promulgated under this section shall continue in operation for such period not exceeding six months as may be specified therein, but may by a subsequent ordinance be extended for a further period not exceeding six months.
(3) An ordinance promulgated under this section shall have the same force and effect as an Act of the Provincial Legislature assented to by the Governor but every such ordinance--
(a) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Provincial Legislature;
(b) may be withdrawn at any time by the Governor; and
(c) if it is an ordinance extending a previous ordinance for a further period, shall be communicated forthwith through the Governor-General to the Secretary of State and shall be laid by him before each House of Parliament.
(4) If and so far as an ordinance under this section makes any provision which would not be valid if enacted in an Act of the Provincial Legislature, it shall be void:
Provided that for the purposes of the provisions of this Act relating to the effect of an Act of a Provincial Legislature which is repugnant to an Act of the Federal Legislature,2[or an existing Indian Law with respect to a matter enumerated in the Concurrent Legislative List], an ordinance promulgated under this section shall be deemed to be an Act of the Provincial Legislature which has been reserved for the consideration of the Governor-General and assented to by him.
(5) The functions of the Governor under this section shall be exercised by him in discretion but he shall not exercise any of his powers thereunder except with the concurrence of the Governor-General in his discretion:
Provided that, if it appears to the Governor that it is impracticable to obtain in time the concourrence of the Governor-General, he may promulgate as ordinance without the conrurrence of the Governor-General, but in that case the Governor-General in his discretion may direct the Governor to withdraw the ordinance and the ordinance shall be withdrawn accordingly.
_________________________
1. Omitted by the India (Provisional Constitution) Order 1947.
2. Inserted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 & 4 Geo. 6, ch. 5), s. 4.
Section 90 - Power of Governor in certain circumstances to enact Acts
1[90. Power of Governor in certain circumstances to enact Acts
(1) If at any time it appears to the Governor that, for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or to exercise his individual judgment, it is essential that provision should be made by legislation, he may by messageto the Chamber or Chambers of the Legislature explain the circumstances which in his opinion render legislation essential, and either--
(a) enact forthwith as a Governor's Act a Bill containing such pro- visions as he considers necessary; or
(b) attach to his message a draft of the Bill which he considers necessary.
(2) Where the Governor takes such action as is mentioned in para- graph (b) of the preceding sub-section, he may, at any time after the expiration of one month, enact, as a Governor's Act, the Bill proposed by him to the Chamber or Chambers either in the form of the draft communi- cated to them, or with such amendments as he deems necessary, but before so doing he shall consider any address which may have been presented to him within the said period by the Chamber or either of the Chambers with reference to the Bill or to amendments suggested to be made therein.
(3) A Governor's Act shall have the same force and effect, and shallbe subject to disallowance in the same manner, as an Act of the ProvincialLegislature assented to by the Governor and, if and, so far as it makes any provision which would not be valid if enacted in an Act of that Legis- lature, shall be void:
Provided that, for the purposes of the provisions of this Act relating to the effect of an Act of a Provincial Legislature which is repugnant to an Act of the Federal Legislature2[or an existing Indian Law with respect to a matter enumerated in the Concurrent Legislative List], a Governor's Act shall be deemed to be an Act reserved for the consideration of theGovernor-General and assented to by him.
(4) Every Governor's Act shall be communicated forthwith through the Governor-General to the Secretary of State and shall be laid by him before each House of Parliament.
(5) The functions of the Governor under this section shall be exercised by him in his discretion, but he shall not exercise any of his powers thereunder except with the concurrence of the Governor-General in his dis- cretion. "
_________________________
1. Omitted by the India (Provisional Constitution) Order 1947.
2. Inserted by the India and Burma (Miscellaneous Amendments) Act, 1940(3 & 4 Geo. VI, ch. 5), s. 4.