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Government of India Act, 1935 [Repealed] Section 2

Title: Government of India by Crown

State: Central

Year: 1935

(1) All rights, authority and jurisdiction heretofore belonging to His Majesty the King, Emperor of India, which appertain or are incidental to the Government of the territories in India for the time being vested in him, and all rights, authority and jurisdiction exercisable by him in or in relation to any other territories in India, are exercisable by His Majesty, except in so far as may be otherwise provided by or under this Act, or as may be otherwise directed by His Majesty: Provided that any powers connected with the exercise of the functions of the Crown in its relations with Indian States shall in India, if not exercised by His Majesty, be exercised only by, or by persons acting under the authority of, His Majesty's Representative for the exercise of those functions of the Crown. (2) The said rights, authority and jurisdiction shall include any rights,authority or jurisdiction heretofore exercisable in or in relation to anyterritories in India by the Secretary of State, the Secretary of State inCouncil, the Governor-General, the Governor-General in Council, anyGovernor or any Local Government, whether by delegation from His Majestyor otherwise.

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Government of India Act, 1935 [Repealed] Section 205

Title: Appellate Jurisdiction of Federal Court in Appeals from High Courts in British India

State: Central

Year: 1935

.....of a High Court2[in British India], if the High Court certifies that the caseinvolves a substantial question of law as tointerpretation of this Act or any Order in Councilmade thereunder,3and it shall be the duty of every High Court in BritishIndia to consider in every case whether or not any such question is involvedand of its own motion to give or to withhold a certificate accordingly. (2) Where such a certificate is given, any party in the case may appealto the Federal Court on the ground that any such question as aforesaidhas been wrongly decided, and on any ground on which that party couldhave appealed without special leave to His Majesty in Council if no suchcertificate had been given, and, with the leave of the Federal Court, onany other ground, and no direct appeal shall lie to His Majesty in Council,either with or without special leave. ________________________ 1. This section came into force on 1-4-1937 under the Government of India (Federal Court) Order 1936, para 3, proviso [18-12-1936]. 2. Omitted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1. 3. After this, inserted by the India (Federal Court Judges) Act, 1942 (5 &.....

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Government of India Act, 1935 [Repealed] Section 242

Title: Application of Preceding Section to Railway, Customs, Postal and Telegraph Services and Officials of Courts

State: Central

Year: 1935

.....preceding section shall have effect as if for any reference to the Governor-General in paragraph (a) of sub-section (1), in paragraph (a) of sub- section (2) and in sub-section (5) there were substituted a reference to the Federal Railway Authority]. 1 [(2) In framing rules for the regulation of recruitment to superior railway posts, the Federal Railway Authority shall consult the Federal Public Service Commission, and in recruitment to such posts and in recruitment generally for railway purposes shall have due regard to the past association of the Anglo-Indian community with railway services in India, and particularly to the specific class, character and numerical percentages of the posts hither to held by members of that community and the remuneration attaching to such posts, and shall give effect to any instructions which may be issued by the Governor-General for the purpose of securing, so far as practicable to each community in India a fair representation in the railway services of the Federation, but, save as aforesaid, it shall not be obligatory on the Authority to consult with, or otherwise avail themselves of the services of the Federal Public Service Commission]. .....

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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.....

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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.....

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Government of India Act, 1935 [Repealed] Section 233

Title: Control of His Majesty as to Defence Appointments

State: Central

Year: 1935

1[233. Control of his Majesty as to Defence appointments (1) His Majesty in Council may require that appointments to such offices connected with in such manner as he may direct.1 (2) Nothing in this section derogates from any power vested in His Majesty by virtue of any Act or by virtue of his Royal Prerogative. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947.

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Government of India Act, 1935 [Repealed] Section 232

Title: Pay, Etc., of Commander In-chief

State: Central

Year: 1935

1[232. Pay, etc., of Commander in-Chief The pay and allowances of the Commander-in-Chief of His Majesty's Forces in India and the other conditions of his service shall be such as His Majesty in Council may direct. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947.

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Government of India Act, 1935 [Repealed] Chapter I

Title: Defence Services

State: Central

Year: 1935

.....by virtue of any Act or by virtue of his Royal Prerogative. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947. Section 234 - Eligibility for commissions in Indian forces 1[234. Eligibility for commissions in Indian forces The power of His Majesty, and of any person authorised in that behalf by His Majesty, to grant commissions in any naval, military or air force raised in India extends to the granting of a commission in any such force to any person who might be, or has been, lawfully enlisted or enrolled in that force. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947. Section 235 - Control of Secretary of State with respect to conditions of service 1[235. Control of Secretary of State with respect to conditions of service Without prejudice to the generality of the powers conferred on him by this Act, the Secretary of State may, acting with the concurrence of his advisers, from time to time specify what rules, regulations and orders affecting the conditions of service of all or any of His Majesty's Forces in India shall be made only with his previous approval. .....

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Government of India Act, 1935 [Repealed] Section 206

Title: Power of Federal Legislature to Enlarge Appellate Jurisdiction

State: Central

Year: 1935

.....matter of the dispute in the court of first instance and still in dispute on appeal was and is not less than fifty thousand rupees or such other sum not less than fifteen thousand rupees as may be specified by the Act, or the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value: or (b) the Federal Court gives special leave to appeal.] (2) If the Federal Legislature makes such provision as is mentioned inthe last preceding sub-section, consequential provision may also be madeby Act of the Federal Legislature for the abolition in whole or in part ofdirect appeals in civil cases from High Courts1[in British India] to HisMajesty in Council, either with or without special leave. (3) A Bill or amendment for any of the purposes specified in this section shall not be introduced into, or moved in,1[either Chamber of] the Fededal Legislature without the previous sanction of the Governor-General1[in his discretion]. ________________________ 1. Omitted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1.

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Government of India Act, 1935 [Repealed] Section 196

Title: Railway Tribunal

State: Central

Year: 1935

.....Tribunal toexercise such jurisdiction as is conferred on it by this Act, and for thatpurpose the Tribunal may make such orders, including interim orders, ordersvarying or discharging a direction or. other of the Authority, orders for thepay-ment of compensation or damages and of costs and orders for the pro-ductionof documents and the attendance of witnesses, as the circumstances of the casemay require, and it shall be the duty of the Authority and of every FederatedState and of every other person or authority affected thereby to give effect toany such order. (4) An appeal shall lie to the Federal Court from anvdecision of the Railway Tribunal on a question of law, but no appeal shall liefrom the decision of the Federal Court on any such appeal. (5) The Railway Tribunal or the Federal Court, as the casemay be, may, on application made for the purpose, if satisfied that in view of analteration in the circumstances it is proper so to do, vary or revoke anyprevious order made by it. (6) The President of the Railway Tribunal may, with theapproval ofthe Governor-General in his discretion, make rules regulating thepracticeand procedure of the Tribunal and the fees to be taken.....

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