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Government of India Act, 1935 [Repealed] Chapter III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.....

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Government of India Act, 1935 [Repealed] Part II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.....

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Government of India Act, 1935 [Repealed] Section 120

Title: Medical Qualifications

State: Central

Year: 1935

.....granted in the United Kingdom, are or are entitled to be, registered in the United Kingdom as qualified medical practitioners. The said modifications are as follows, that is to say,-- (a) sub-section (3) shall not apply and the reference in sub-section (1) to the condition set out therein shall be deemed to be omitted; (b) any reference in sub-section (2) or sub-section (4) to the United Kingdom shall be construed as a reference to Burma, (6) Nothing in this section shall be construed as affecting any power of any recognised authority in the United Kingdom or British India to suspend or debar any person from practice on the ground of misconduct, orto remove any person from a register on the ground. (7) In this section the expression "diploma" includes any certificate degree, fellowship, or other document or status granted to persons passing examinations. _________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.

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Government of India Act, 1935 [Repealed] Section 311

Title: Interpretation, Etc.

State: Central

Year: 1935

.....adapted or modified by an Order in Council under this sub-section shall extend to the repeal or amendment of that Order, and any reference in this Act to an Act of Parliament shall be construed as including a reference to any such Order.] (6) Any reference in this Act to11[Federal] Acts or laws or Provincial Acts or laws, or to Acts or laws of the Federal or a Provincial Legisla- ture, shall be construed as including a reference to an ordinance made by the Governor-Central9[or a Governor-General's Act] or, as the case may be, to an ordinance made by a Governor9[or a Governor's Act]. (7) References in this Act to the taking of an oath include reference to the making of an affirmation. ________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947. 2. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, ch. 5), S. 8. 3. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940., S. 1. 4. Substituted, by the India (Provisional Constitution) Order, 1947., by the words 'the Governor-General'. 5. Inserted by the India (Estate Duty) Act, 1945 (8 and 9 Geo. 6, ch. 7), S. 1 (3), 6. Substituted,.....

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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.....

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Government of India Act, 1935 [Repealed] Chapter II

Title: The Federal Executive

State: Central

Year: 1935

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Government of India Act, 1935 [Repealed] Section 8

Title: Extent of Executive Authority of the Federation

State: Central

Year: 1935

.....of His Majesty or a native of Indiaor of territories adjacent to India; and (iv) commissions in any such force shall be granted by His Majesty save in so far as he may be pleased to delegate that power by virtue of the provisions of Part I of this Act or otherwise. (2) This executive authority of the Ruler of 3 [a Federated] State shall notwithstanding anything in this section, continue to be exercisable in that State with respect to matters with respect to which the 1 [ Federal] Legislature has power to make lows for that State except in so far as the executive authority of the 1 [Federation] becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a 1 [Federal] law. ___________________________ 1. This word was substituted by the word 'Dominion', by the India (Provisional Constitution) Order, 1947. 2. This word was substituted by the word 'acceding', by the India (Provisional Constitution) Order, 1947. 3. These words were substituted by the words 'an Acceding', by the India (Provisional Constitution) Order, 1947.

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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.....

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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.....

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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.....

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