Bare Act Search Results

Government of India Act, 1935 Complete Act

State: Central

Year: 1935

.....council of ministers. (3) If any question arises whether any matter is or is not a matter as respects which the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, the decision of the Governor-General in his discretion shall be final, and the validity of anything done by the Governor-General shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment]. SECTION 10: OTHER PROVISIONS AS TO MINISTERS (1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure. (2) A minister who for any period of six consecutive months is not a member of15[either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister. (3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal Legislature so determine, shall be determined, by the Governor-General: Provided that the salary of a minister shall not be varied during his term.....

Government of India Act, 1935 [Repealed] Chapter III

Title: Provisions with Respect to Discrimination, Etc.

State: Central

Year: 1935

..... 2. Substituted, by the India (Provisional Constitution) Order, 1947., for the words 'Dominion'. 3. Inserted by the Government of India Act (Amendment) Act, 1939 (2 & 3 Geo. 6, Ch. 66), S. 1, (effective from 1-4-1937) see the India (Provisional Constitution) Order, 1947., Section 2(2). Section 125 - Administration of Federal Acts in Indian States (1) Notwithstanding anything in this Act, agreements may, and, if provision has been made in that behalf by the Instrument of Accession of the State, shall, be made between the Governor-General and the Ruler of1b1[a Federated] State for the exercise by the Ruleror his officers of functions in relation to the administration in his State ofany law of the2[Federal Legislature] which applies therein. (2) An agreement made under this section shall contain provisions enabling the Governor-General in his discretion to satisfy himself, by inspection or otherwise, that the administration of the law to which the agreement relates is carried out in accordance with the policy of the2[Federal] Government and, if he is not satisfied, the Governor-General acting in his discretion, may issue such directions to the Ruler as he.....

Government of India Act, 1935 [Repealed] Section 111

Title: British Subjects Domiciled in the United Kingdom

State: Central

Year: 1935

.....of entry. (3) Notwithstanding anything in this section, if the Governor-Generalor, as the case may be, the Governor of any Province, by public notificationcertifies that for the prevention of any grave menace to the peace ortranquillity of any part of India or, as the case may be, of any part ofthe Province, or for the purpose of combating crimes of violence intendedto overthrow the Government, it is expedient that the operation of theprovisions of sub-section (1) of this section should be wholly or partiallysuspended in relation to any law, then while the notification is in forcethe operation of those provisions shall be suspended accordingly. The functions of the Governor-General and a Governor under this subsection shall be exercised by him in his discretion. _________________________ 1. Omitted by the India (Provisional Constitution) Order, 1947.

Government of India Act, 1935 [Repealed] Section 113

Title: Companies Incorporated in the United Kingdom

State: Central

Year: 1935

.....under the laws of British India and carrying on or proposing to carry on business in the United Kingdom. (2) If and in so far as any total or partial exemption from, or preferential treatment in respect of, taxation imposed on companies by or under any Federal or Provincial law depends on compliance with conditions as to any of the matters mentioned in sub-section (1) of this section, any company incorporated by or under the laws of the United Kingdom carrying on business in British India shall be deemed to satisfy those conditions and be entitled to the exemption or preferential treatment accordingly, so long as the taxation imposed by or under the laws of the United Kingdom on companies incorporated by or under the laws of British India and carrying on business in the United Kingdom does not depend on compliance with conditions as to any of the matters so mentioned. _________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.

Government of India Act, 1935 [Repealed] Section 114

Title: Companies Incorporated in India

State: Central

Year: 1935

.....so longas the taxation imposed by or under the laws of the United Kingdom oncompanies incorporated by or under those laws does not, as regards suchof the members of a company's governing body, or such of the holders ofits shares, stock, debentures, debenture stock or bonds, or such of itsofficers, agents, or servants, as are British subjects domiciled in BritishIndia, depend on compliance with conditions as to any of the mattersaforesaid. (3) For the purposes of this section, but not for the purposes of anyother provision of this chapter, a company incorporated before the commencement of Part III of this Act under any existing Indian law andregistered thereunder in Burma, shall be deemed to be a company incorporated by or under the laws of British India. _________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.

Government of India Act, 1935 [Repealed] Chapter V

Title: General

State: Central

Year: 1935

.....Acts 1[274. Saving for certain Funds Acts Notwithstanding anything in this Art, the India Military Funds Act, 1866 the East India Annuity Funds Act, 1874 and the Bombay Civil Fund Act, 1882, shall con-tinue to have effect but subject to the following adaptations, that is to say, that anything to be done under the said Acts by or to the Secretary of State in Council shall, after the commencement of Part III of this Act, be done by or to the Secretary of State, and for any reference in the said Acts to the revenues of India there shall be substituted a reference to the revenues of the Federation. ________________________ 1. Omitted, by the India (Provisional Constitution)Order, 1947. Section 275 - Persons not to be disqualified by sex for holding certain offices A person shall not be disqualified by sex for being appointed to any civil service of, or civil post under, the Crown in India other than such a service or post as may be specified by any general or special order made-- (a) by the Governor-General in the case of services and posts in connection with the affairs of the Federation; (b) by the Governor of a Province in the case of services and posts in.....

Government of India Act, 1935 [Repealed] Section 298

Title: Persons Not to Be Subjected to Disability by Reason of Race, Religion Etc.

State: Central

Year: 1935

.....law or custom having the force of law. 3[(3) Nothing in this section shall be construed as derogating from the special responsibility of the Governor-General or of a Governor for the safeguarding of the legitimate interests of minorities.] 4[(4) In paragraph (a) of sub-section (2) of this section, 'agriculcul-tural land' in relation to any area where there is in force immediately before the commencement of Part III of this Act any law the operation of which if. to any extent saved by the said paragraph (a), includes all such property any rights in or over property as are included in the expression 'land' as defined for the purposes of that law as then in force.] ________________________ 1. Omitted by the India (provisional Constitution) Order, 1947. 2. Substituted by the India and Burma (Temporary and Miscellaneous Provisions) Act, 1943 (5 and 6 Geo. 9Ch. 31), S. 4 (retrospectively). 3. Omitted, by the India (Provisional Constitution) Order, 1947. 4. Added, by by the India (provisional Constitution) Order, 1947. (retrospectively).

Government of India Act, 1935 [Repealed] Schedule VII

Title: Seventh Schedule

State: Central

Year: 1935

.....thereon of supplemental powers. 54. Taxes on income other than agricultural income. 15 [54-A. The matters specified in the proviso to sub-section (2) of section one hundred and forty-two A of this Act as matters with respect to which provision may be made by laws of the Federal Legislature.] 55. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies ; 10 56. Duties in respect of succession to property other than agricultural land. 5(56-A. Estate duty in respect of property other than agricultural land.] 57. The rates of stamp in respect of bills of txchange, cheques, prohissory notes, bills of landing, letters of credit, policies of insurance, proxies and receipts. 58. Terminal taxes on goods or passengers carried by railway or air ; taxes on railway fares and freights. 59. Fees in respect of any of the matters in this list, but not including fees taken in any Court. LIST II.--PROVINCIAL LEGISLATIVE LIST 1. Public order (but hot including the use of His Majesty's naval, military or air forces in aid of the civil power) ; the administration of justice; constitution and organisation of all courts, except the.....

Government of India Act, 1935 [Repealed] Chapter III

Title: Property, Contracts, Liabilities and Suits

State: Central

Year: 1935

.....liable in respect of any contract or assurance made or executed for the purposes of this Act, or for the purposes of the Government of India Act or of any Act repealed thereby, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. ________________________ 1. Omitted by the India (Provisional Constitution) Order, 1947. Section 176 - Suits and Proceedings (1) The Federation may sue or be sued by the name of the Federation of India and a Provincial Government may sue or be sued by the name of the Province, and, without prejudice to the subsequent Provisions of this chapter, may, subject to any provisions which may be made by Act of the Federal or a Provincial Legislature enacted by virtue of powers conferred on that Legislature by this Act, sue or be sued in relation to their respective affairs in the like cases as the Secretary of State in Council might have sued or been sued if this Act had not been passed. 1(2) Rules of Court may provide that, where the Federation, the Federal Railway Authority, or a Province sue or are sued n the United Kingdom, service of all proceedings may be.....

Government of India Act, 1935 [Repealed] Part VIII

Title: The Federal Railway Authority

State: Central

Year: 1935

.....Authority 1 [183. Directions and Principles to be Observed by Railway Authority (1) The Authority in discharging their functions under thisAct shall act on business principles, due regard beinghad by them to theinterests of agriculture, indus-try, commerce and the general public, andinparticular shall make proper provision for meetingout of their receipts onrevenue account all expenditure to which such receiptsare applicable under theprovisions of this Part of this Act. (2) In the discharge of their saidfunctions the Authority shall beguided by such instructions on questions ofpolicy as may be given to themby the Federal Government. If any dispute arises under this sub-section between theFederal Government and the Authority as to whether a question is or is not aquestion of policy, the decision of the Governor-General in his discretion shallbe (3) The provisions of sub-section (1) of this section shallapply in relation to the discharge by the Federal Government of their functionswith respect to railways as they apply in relation to the functions of theAuthority, but nothing in this sub-section shall be construed as limiting thepowers of the Governor-General under.....