Government of India Act, 1935 [Repealed] Chapter I - Bare Act |
| State | Central Government |
| Year | 1935 |
| Section Title | The Provinces |
(1) Subject to the provisions of the next succeeding section with respect to Berar, the following shall be Governors' Provinces, that is to say, Madras, Bombay,1[Bengal, the United Provinces, the Punjab, Bihar, the Central Provinces and Berar, Assam, the North-West Frontier Province, Orissa, Sind,], and such other Governors' Provinces as may be created under this Act.
(2) Burma shall cease to be part of India.
(3) In this Act the expression "Province" means, unless the context otherwise requires, a Governor's Province, and "Provincial" shall be consructed accordingly.
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1. Substituted by the words 'West Bengal, the United Provinces, East Punjab, Bihar, the Central Provinces and Reran Assam and Orissa', by Government of India (Commencement and Transitory Provisions) Order, 1936, para 3.
1[47. Provisions as to Berar
Whereas certain territory (in the Act referred to as "Berar") is under the sovereignty of His Exalted Highness the Nizam of Hyderabad, but is at the date of the passing of this Act, by virtue of certain agreements subsisting between His Majesty and His Exalted Highness, administered together with the Central Provinces.
And whereas it is in contemplation that an agreement shall be concluded between His Majesty and His Exalted Highness whereby, notwithstanding the continuance of the sovereignty of His Exalted Highness over Berar, the Central Provinces and Berar may be governed together as one Governor's Province under this Act by the name of the Central Provinces and Berar:
Now, therefore--
(1) While any such agreement is in force--
(a) Berar and the Central Provinces shall, notwithstanding the continuance of tie sovereignty of His Exalted Highness, be deemed to be one Governor's Province by the name of the Central Provinces and Berar;
(b) any reference in this Act or in any other Act to British Indiashall be construed as a reference to British India and Berarand any reference in this Act to subjects of His Majesty shall,except for the purposes of any oath of allegiance, be deemedto include a reference to Berari subjects of His Exalted Highness:
(c) any provision made under this Act with respect to the qualifications of the voters for the Provincial Legislature of the CentralProvinces and Berar, or the voters for the Council of State, shallbe such as to give effect to any provisions with respect to thosematters contained in the agreement.
(2) If no such agreement is concluded, or if such an agreement is concluded but subsequently ceases to have effect, references in this Act to theCentral Provinces and Berar shall be construed as references to the CentralProvinces, and His Majesty in Council may make such consequential modifications in the provisions of this Act relating to the Central Provinces ashe thinks proper.
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1. S. 47 was substituted, by Government of India (Commencement and Transitory Provisions) Order, 1936, para. 3., as follows--
"Berar shall continue to be governed together with the Central Provincesas one Governor's, Province under this Act by the name of the Central Provincesand Berar and in the same manner as immediately before the establishment ofthe Dominion; and any references in this Act to the Dominion of India shallbe construed as including a reference to Berar."