Bare Act Search Results

Government of India Act, 1935 [Repealed] Chapter III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Government of India Act, 1935 [Repealed] Section 193

Title: Obligation of Railway Authority and Federated States to Afford Mutual Traffic Facilities and to Avoid Unfair Discrimination, Etc.

State: Central

Year: 1935

1 [193. Obligation of Railway Authority and Federated States to Afford Mutual TrafficFacilities and to Avoid Unfair Discrimination, etc. (1) It shall be the duty of the Authority and everyFederated State so to exercise their powers in relation to the railways withwhich they are respectively concerned as to afford all reasonable facilities forthe receiving, fonvarding, and delivering of traffic upon and from, thoserailways, including the receiving, forwarding and delivering of through rates,and as to secure that there shall be between one railway system and another nounfair discrimination, by the granting of undue preferences or otherwise, and nounfair or uneconomic competition. (2) Any complaint by the Authority against a FederatedState or by a Federated State against the Authority on the ground that theprovisions of the preceding sub-section have not been complied with shall bemade to and determined by the Railway Tribunal. ________________________ 1. Omitted, by the India (Provisional Constitution)Order, 1947.

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: 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.....

Government of India Act, 1935 [Repealed] Section 112

Title: Taxation

State: Central

Year: 1935

1[112. Taxation (1) No Federal or Provincial law which imposes any liability to taxation shall be such as to discriminate against British subjects domiciled in the United Kingdom or Burma or companies incorporated, whether before or after the passing of this Act, by or under the laws of the United Kingdom or Burma, and any law passed or made in contravention of this section shall, to the extent of the contravention, be invalid. (2) Without prejudice to the generality of the foregoing provisions, a law shall be deemed to be such as to discriminate against such persons or companies as aforesaid if it would result in any of the being liable to greater taxation than that to which they would be liable if domiciled in British India or incorporated by or under the laws of British India, as the case may be. (3) For the purposes of this section a company incorporated before the commencement of Part III of this Act under any existing Indian law and registered thereunder in Burma shall be deemed to be a company incorporated by or under the laws of Burma. _________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.

Government of India Act, 1935 [Repealed] Section 194

Title: Appeal by State to Railway Tribunal from Certain Directions of Railway Authority

State: Central

Year: 1935

1 [194. Appeal by State to Railway Tribunal from Certain Directions of Railway Authority If the Authority, in the exercise of any executive authority of the Federation in relation to interchange of traffic, or maximum or minimum rates and fares, or station or service terminal charges, give any direc-tion to a Federated State, the State may complain that the direction discriminates unfairly against, the railways of the State ,or imposes on the State an obligation to afford facilities which are not in the circumstances reasonable, and any such complaint shall be determined by the Railway Tribunal. ________________________ 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 297

Title: Prohibition of Certain Restrictions on Internal Trade

State: Central

Year: 1935

(1)No Provincial Legislature or Government shall. (a) by virtue of theentry in the Provincial Legislative List relation to trade and commerce withinthe Province, or the entry in that list relating to the production, supply, anddistribution of commodities, have power to pass any law or take any executiveaction prohibiting or restricting the entry into or export from, the Province ofgoods of any class or description; or (b) by virtue ofanything in this Act have power to impose any tax cess, toll, or due which, asbetween goods manufactured, or produced in the Province and similar goods not somanufactured or produced, discriminates in favour of the former or which, in thecase of goods manufactured or produced outside that Province, discriminatesbetween goods manufactured or produced in another locality. (2)Any law passed in contravention of this section shall, to the ex- tent of thecontravention, be invalid.

Government of India Act, 1935 [Repealed] Complete Act

Title: Government of India Act, 1935 [Repealed]

State: Central

Year: 1935

.....to Promulgate Ordinances at any Time with Respect to Certain Subjects Section44 - Power of Governor-General in Certain Circumstances to Enact Acts Chapter V Section45 - Power of Governor-General to issue Proclamations PartIII - GOVERNORS' PROVINCES Chapter I Section46 - Governors Provinces Section47 - Provisions as to Berar Chapter II Section48 - Appointment of Governor Section49 - Executive Authority of Province Section50 - Council of Ministers Section51 - Other Provisions as to ministers Section52 - Special Responsibilities of Governor Section53 - Provisions as to Instrument of Instructions Section54 - Superintendence of Governor-General Section55 - Advocate-General for Province Section56 - Provisions as to Police Rules Section57 - Provisions as to crimes of violence intended to overhow Government Section58 - Sources of certain information not to be disclosed Section59 - Conduct of business of Provincial Government Chapter III Section60 - Constitution of Provincial Legislature Section61 - Composition of Chambers of Provincial Legilature Section62 - Sessions of the Legislature, Prorogation and dissolution Section63 - Right of Governor to address.....