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Government of India Act, 1935 [Repealed] Chapter I

Title: Finance

State: Central

Year: 1935

.....of any Bill or the moving if any amendment imposing in any year any such Federal surcharge as aforesaid unless he is satisfied that all practicable economies and all practicable measures for otherwise increasing the proceeds of Federal taxation or the portion thereof retainable by the Federation would not result in the balancing of Federal receipts and expenditure on revenue account in that year. (3) In this section the expression "tax or duty in which Provinces are interested" means-- (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any Province; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the revenues of the Federation to any Provinces. Section 142 - Grants from Federation to Certain Provinces Such sums as may be prescribed by [His Majesty in Council]1shall be charged on the revenues of the Federation in each year as grants-in-aid of the revenues of such Provinces as His Majesty may determine to be in need of assistance, and different sums may be prescribed for different Provinces: Provided that, except in the case of the North-West Frontier Province, no grant.....

Government of India Act, 1935 [Repealed] Section 150

Title: Expenditure Defrayable out of Indian Revenues

State: Central

Year: 1935

(1) No burden shall be imposed on the revenues of the Federation or the Provinces except for the purposes of [India]1or some part of [India]1. (2) Subject as aforesaid, the Federation or a Province may make grants for any purpose, notwithstanding that the purpose is not one with respect to which the Federal or the Provincial Legislature, as the case may be, may make laws. ________________________ 1. Substituted, by the India (Provisional Constitution) Order, 1947, by the word 'Dominion'.

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] Chapter II

Title: Civil Services-general Provisions

State: Central

Year: 1935

.....not being an order ofthe Governor-General or a Governor. (4) Notwithstandinganything in this section, but subject to any other provision of this Act, Actsof the appropriate Legislature in India may regulate the conditions of serviceof persons serving His Majesty in a civil capacity in India and any rules madeunder this section shall have effect subject to the provisions of any such Act. Provided that nothingin any such Act shall have effect so as to deprive any person of any rightsrequired to be given to him by the provisions, of the last precedingsub-section. (5) No rules madeunder this section and no Act of any Legislature 1 [in India] shall beconstrued to limit or abridge the power of the Governor-General or a Governor todeal with the case of any person serving His Majesty in a civil capacity 1 [inIndia] in such manner as may appear to him to be just and equitable: Provided that, whereany such rule or Act is applicable to the case of any person, the case shall notbe dealt with in any manner less favourable to him than that provided by thatrule or Act. ________________________ 1.Omitted, by by theIndia (Provisional Constitution) Order, 1947. 2.Subscribed by by.....

Government of India Act, 1935 [Repealed] Section 202

Title: Temporary Appointment of Acting Chief Justice

State: Central

Year: 1935

.....appoint a judge of a High Court who is duly qualified for appointment as judge of the Federal Court to act temporarily as a judge of that Court and the person so appointed shall, unless the Governor-General in his discretion thinks fit to revoke his appointment, be deemed to be a Judge of the Federal Court until that case has been heard and determined by the Federal Court]. ________________________ 1. Substituted, by the India (Provisional Constitution) Order, 1947., by the words 'permanently appointed'. 2. Substituted, by the words 'as acting Chief Justice'. 3. Inserted by the India and Burma (Miscellaneous Amendment) Act, 1940 (3 & 4Geo. 6, Ch. 5) S. 5. 4. Added by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1 (with retrospective effect)

Government of India Act, 1935 [Repealed] Section 241

Title: Recruitment and Conditions of Service

State: Central

Year: 1935

.....not being an order ofthe Governor-General or a Governor. (4) Notwithstandinganything in this section, but subject to any other provision of this Act, Actsof the appropriate Legislature in India may regulate the conditions of serviceof persons serving His Majesty in a civil capacity in India and any rules madeunder this section shall have effect subject to the provisions of any such Act. Provided that nothingin any such Act shall have effect so as to deprive any person of any rightsrequired to be given to him by the provisions, of the last precedingsub-section. (5) No rules madeunder this section and no Act of any Legislature 1 [in India] shall beconstrued to limit or abridge the power of the Governor-General or a Governor todeal with the case of any person serving His Majesty in a civil capacity 1 [inIndia] in such manner as may appear to him to be just and equitable: Provided that, whereany such rule or Act is applicable to the case of any person, the case shall notbe dealt with in any manner less favourable to him than that provided by thatrule or Act. ________________________ 1.Omitted, by by theIndia (Provisional Constitution) Order, 1947. 2.Subscribed by by.....

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 VI

Title: Sixth Schedule

State: Central

Year: 1935

.....or a lessee, and "own" shall be construed accordingly; "tenant" as respects any land in a rural area means a tenant as defined in the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1685, as the case may be, and does not include a sub-tenant, and as respects any house or building means a person who occupies it on payment of rent, or in the case of a house, not situate in military of police lines, a person who occupies it rent free by virtue of any office, service of employment; "under-proprietor" means an under-proprietor as defined in the Oudh Rent Act, 1886; "Khaikar" means a person recorded as such in the records of rights of land in the Hill Pattis of Kumaun; "building" means abuilding as defined in the United Provinces Municipalities Act, 1916; "rental value" means the value of a houses or building based on the amount rent; "municipal tax" and ''house or building tax," means the taxes respectively known by those names imposed under the United Provinces Municipalities Act, 1916, the United Provinces Town Areas Act, 1914, and the Cantonments Act, 1924; "urban area" means a municipality or notified area (as defined in sub-section (9) of section two, and sub-section.....