Bare Act Search Results

Government of India Act, 1935 [Repealed] Schedule IX

Title: Ninth Schedule

State: Central

Year: 1935

.....until His Miajesty in Council has signified his assent and that assent has been notified by the Governor- General. 69. Power of Crown to disallow Acts.--(1) When an Act of the Indian legislaturehas been assented to by the Governor-General, he shall send to the Secretary of State an authentic copy thereof, and it shall be lawful for his Majesty in Council to signify, Ms disllowance of any such Act. (2) Where the disallowance of any such Act has been, so signified, the Governor-General shall forthwith notify the disallowance, and thereupon the Act, as from the date of notification, shall become void accordingly. 72. Power to make ordinances in cases of emergency.--The Governor-General may in cases of emergency, make and promulgate ordinances for the peace and good govern- ment of British India or any part thereof, and any ordinance so made shall, 3 [for the space of not more than six months from its promulgation] have the like force of law as an Act passed by the Indian legislature; but the power of making ordinances under this section is subject to the like restrictions as the power of the Indian legislature to make laws; and any ordinance made under this section is subject.....

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] Part II

Title: The Federal Executive

State: Central

Year: 1935

.....council ofministers. (3)If any question arises whether any matter is or is not a matter as respectswhich the Governor-General is by or under this Act required to act in hisdiscretion or to exercise his individual judgment, the decision, of theGovernor-General in his discretion shall be final, and the validity of anythingdone by the Governor-General shall not be called in question on the ground thathe ought or ought not to have acted in his discretion, or ought or ought not tohave exercised his individual judgment]. ___________________________ 1.These words up to the end of the section were omitted, by theIndia (Provisional Constitution) Order, 1947. 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 of 1 [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.....

Government of India Act, 1935 [Repealed] Section 131

Title: Decision of Complaints

State: Central

Year: 1935

.....to them. (2) A Commission so appointed shall investigate the matters referred to them and present to the Governor-General a report setting out the facts as found by them and making such recommendations as they think proper. (3) If it appears to the Governor-General upon consideration of the Commissioner's report that anything therein contained requires explanation, or that he needs guidance upon any point not originally referred by him tothe Commission, he may again refer the matter to the Commission for furtherinvestigation and a further report. (4) For the purpose of assisting a Commission appointed under this section in investigating any matters referred to them, the 1 [Federal] Court, if requested by the Commission so to do, shall make such orders and issue such letters of request for the purposes of the proceedings of the Commission as they may make or issue in the exercise of the jurisdiction of the Court. (5) After considering any report made to him by the Commission, the Governor-General shall give such decision and make such order, if any, in the matter of the complaint as he may deem proper: 2 [Provided that if, before the Governor-General has given any.....

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] Schedule IV

Title: Fourth Schedule

State: Central

Year: 1935

.....discharge the duty upon which I am about to enter." 2 Form of oath or affirmation to be taken or made by a member of a Legislature who is the Ruler of an Indian State:-- "I, A.B., having been elected [or nominated or appointed] a member of this Council [or Assembly], do solemnly swear [or affirm] that I will be faithful and, bear true allegiance in my capacity as Member of this Council [or Assembly] to His Majesty the King, Emperor of India, His heirs and successors, and that I will faithfully discharge the duty upon which I am about to enter." 3 Form of oath or affirmation to be taken or made by a member of a Legislature who is a subject of the Ruler of an Indian State:-- "I, A.B., having been selected [or nominated or appointed] a member of this Council [or Assembly]; do solemnly swear [or affirm] that saving the faith and allegiance which I owe to C.D., his heirs and successors, I will be faithful and bear true allegiance in my capacity as Member of this Council [or Assembly] to His Majesty the King, Emperor of India, His heirs and successors, and that I will faithfully discharge the duty upon which I am about to enter." 4 Form of judicial oath or affirmation.....

Government of India Act, 1935 [Repealed] Chapter III

Title: The Provincial Legislature

State: Central

Year: 1935

..... 1. The words withinbrackets were omitted, by the India (Provisional Constitution) Order, 1947. Section 77 - Power of Crown to disallow Acts Any Act assented to by the Governor or the Governor-General may be disallowed by His Majesty within twelve months from the date of the assent, and where any Act is so disallowed the Governor shall forthwithmake the disallowance known by public notification and as from the dateof the notification the Act shall become void.]1 _________________________ 1. The words within brackets were omitted, by the India (Provisional Constitution) Order, 1947. Section 78 to 83 - Procedure in Financial matters Section 78 - Annual financial statement (1)The Governor shall in respect of every financial year cause to be laid beforethe Chamber or Chambers of the Legislature as statement of the estimatedreceipts and expenditure of the Province for that year, in this Part of this Actreferred to as the "annual financial statement". (2)The estimates of expenditure embodied in the annual financial statement shallshow separately-- (a)The sums required to meet expenditure described by this Act as expenditurecharged upon the revenues of 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] Schedule I

Title: First Schedule

State: Central

Year: 1935

.....subparagraph (i) of this paragraph shall not apply to any named subject, or to subjects generally, of that State until, that State comes under the rule of a Ruler who is of an age to exercise ruling powers; and (b) sub-paragraph (ii) of this paragraph shall not apply to a Ruler who is exercising ruling powers. 5. Upon the expiration of the term for which he is appointed to serve as a member of the Federal Legislature, a person, if otherwise duly qualified, shall be eligible to be appointed to serve for a further term. 6. Subject to the special provisions hereinafter contained with respect to the appointement of persons to represent certain States and groups of States comprised in Divisions XVI and XVII of the Table of seats,-- (i) the Rulers of the States constituting a group of States to which a seat in the Council of State is allotted shall in rotation appoint a person to fill that seat; and (ii) the Rulers of States constituting a group of States to which a seat in the Federal Assembly is allotted shall appoint jointly a person to fill that seat : Provided that the Rulers of two or more States entitled to appoint in rotation a person to fill a seat in the Council.....