Bare Act Search Results

Government of India Act, 1935 [Repealed] Section 102

Title: Power of Federal Legislature to Legislate if an Emergency is Proclaimed

State: Central

Year: 1935

.....that Legislature would not, but for the issue of such aProclamation, have been competent to make, shall not cease to have effectas required by sub-section (4) of section one hundred and two of the Govern-ment of India Act, 1935, except to the extent to which the said Legislaturewould not, but for the issue of that Proclamation, have been competent tomake it, and accordingly, in the said sub-section (4) for the words "shallcease to have effect" there shall be substituted the words "shall, to the extentof the incompetency, cease to have effect." 4. Inserted by the Government of India (Amendment) Act, 1939 (2&3 Geo. 6,Ch. 66), s. 1, (effective form 1-4-1937) See s. 2(2), by which these words are substituted, runs as follows:-- "A law made by the Indian Legislature whether before or after the passing of'this Act, during the continuance in force of the proclamation of Emergencybeing a law which that Legislature would not, but for the issue of such aProclamation, have been competent to make, shall not cease to have effectas required by sub-section (4) of section one hundred and two of the Govern-ment of India Act, 1935, except to the extent to which the said Legislaturewould.....

Government of India Act, 1935 [Repealed] Section 126A

Title: Where a Proclamation of Emergency is in Operation Wherebythe Governor-general Has Declared That the Security of India is Threatenedby War

State: Central

Year: 1935

.....confers powers or imposes duties, or authorises the conferring of powersor he imposition of duties, upon the 1c[Federation] or upon officers orauthorities of the 1c[Federation] in relation to such a matter as aforesaidshall be introduced or moved without the previous sanction of the Governor-General in his discretion, and the Governor-General shall not give his sanctionunless it appears to him that the provision proposed to be made is a properprovision in view of the nature of the emergency]. _________________________ 1. Inserted by the Government of India (Amendment) Act, 1939, (2 & 3 Geo. VI, C. 66), Section 1 [with effect from 1-4-1937]. 2. Substituted, by the India (Provisional Constitution) Order, 1947, for the words 'Dominion'.

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: Distribution of Powers

State: Central

Year: 1935

.....purpose of regulating the relations of those forces and ships to the forces and the ships of the Indian navy. (2) Notwithstanding anything in this Act or in any Act of any Legislature in India, where any forces and ships of the Indian navy have been placed at the disposal of the Admiralty, the Naval Discipline Act shall have effect as if references therein to His Majesty's navy and his Majesty's ships included references to His Majesty's Indian navy and the ships thereof, without any such modifications or adaptations as aforesaid. _________________________ 1. Omitted by the India (Provisional Constitution) Order, 1947. Section 106 - Provisions as to Legislation for Giving Effect to International Agreements (1) The Federal Legislature shall not by reason only of the entry in the Federal Legislative List relating to the implementing of treaties and agreements with othercountries have power to make any law for any Province except with the previous consent of the Governor, or for a Federated State except with the previous consent ofthe Ruler, thereof. (2) So much of any law as is valid only by virtue of any such entry as aforesaid may be repealed by the Federal.....

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 [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] 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] 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] 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] 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.....