Bare Act Search Results

Government of India Act, 1935 [Repealed] Section 149

Title: Value of Privileges and Immunities to Be Set off Against Share of Taxes, Etc., Assigned to Federated States

State: Central

Year: 1935

1[149. Value of Privileges and Immunities to be Set Off Against Share of Taxes, etc., Assigned to Federated States Where under the foregoing provisions of this chapter there is made in any year by the Federation to a Federated State any payment or distribution of, or calculated by reference to, the net proceeds of any duty ortax, the value in any for that year of any privilege or immunity enjoyed by that State in respect of any former or existing source of revenue from a similar duty or tax or from goods of the same kind, being a privilege or immunity which has not been otherwise taken into account shall, if and in so far as the Act of the Federal Legislature under which the payment or distribution is made soprovides, be set off against the payment or distribution. ________________________ 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Government of India Act, 1935 [Repealed] Chapter V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] 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.....

Government of India Act, 1935 [Repealed] Section 247

Title: Conditions of Service, Pensions, Etc., of Persons Recruited by Secretary of State

State: Central

Year: 1935

.....to be made by the Secretary of State in so far as he thinks fit to make such rules, and, in so far and so long as provision is not made by such rules, by rules to be made as respects persons serving in connection with the affairs of the Federation, by the Governor-General or some person or persons authorised by the Governor-General to make rules for the purpose and, as respects persons serving in connection with the affairs of a Province, by the Governor of the Province or some person or persons authorised by the Governor to make rules for the purpose: Provided that no rule made under this sub-section shall have effect so as to give to any person appointed to a civil service or civil post by the Secretary of State less favourable terms as respects remuneration or pension than were given to him by the rules in force on the date on which he was first appointed to his service or was appointed to his post. (2) Any promotion of any person appointed to a civil service or a civil post by the Secretary of State or any order relating to leave of not less than three months of any such person, or any order suspending any such person from office shall, if he is serving in connection.....

Government of India Act, 1935 [Repealed] Chapter I

Title: Finance

State: Central

Year: 1935

.....of any Bill or the moving if any amendment imposing in any year any such Federal surcharge as aforesaid unless he is satisfied that all practicable economies and all practicable measures for otherwise increasing the proceeds of Federal taxation or the portion thereof retainable by the Federation would not result in the balancing of Federal receipts and expenditure on revenue account in that year. (3) In this section the expression "tax or duty in which Provinces are interested" means-- (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any Province; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the revenues of the Federation to any Provinces. Section 142 - Grants from Federation to Certain Provinces Such sums as may be prescribed by [His Majesty in Council]1shall be charged on the revenues of the Federation in each year as grants-in-aid of the revenues of such Provinces as His Majesty may determine to be in need of assistance, and different sums may be prescribed for different Provinces: Provided that, except in the case of the North-West Frontier Province, no grant.....

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.....

Government of India Act, 1935 [Repealed] Section 248

Title: Rights in Respect of Complaints, Appeals, Etc.

State: Central

Year: 1935

.....the affairs of the Federation,by the Governor-General, exercising his individual judgment; or, if he isserving in connection with the affairs of a Province, by the Governor ofthat Province, exercising his individual judgment. (3) Any person appointed to a civil service or a civil post by the Secretary of State may appeal to the Secretary of State against any order made by any authority in India which punishes or formally censures him, or alters or interprets to his disadvantage any rule by which his conditions of service are regulated. (4) Any sums ordered to be paid out of the revenues of the Federationor a Province to or in respect of any such person as aforesaid on an appealmade under this section shall be charged on those revenues. ________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.

Government of India Act, 1935 [Repealed] Section 249

Title: Compensation

State: Central

Year: 1935

.....he or his representatives shall be entitled to receive from the revenuesof the Federation, or if the Secretary of State so directs, from the revenuesof a Province, such compensation as the Secretary of State may consider justand equitable. (2) Any sum payable under this section from the revenues of theFederation or the revenues of a Province shall be charged on the revenuesof the Federation or, as the case may be, that Province. (3) For the avoidance of doubt it is hereby declared that the foregoingprovisions of this section in no way prohibit expenditure by the Governor-General, or, as the case may be, the Governor, from the revenues of the Federation or a Province by way of compensation to persons who are servingor have served His Majesty in India in cases to which those provisions donot apply. Provisions as to persons appointed by Secretary of State in Council, persons holding reserved posts and commissioned officers in civil employment. ________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.

Government of India Act, 1935 [Repealed] Section 282

Title: Contributions from Revenues of Federation

State: Central

Year: 1935

.....immediately before the commencement of Part III of this Act was theAuditor of the Accounts of the Secretary of State in Council or a member of hisstaff, loses his employ ment by reason of the abolition of his office or post,or by reason of any reorganisation of the department or of his office, wheresuch abolition or reorganisation results in the opinion of the Secretary ofState from the operation of this Act or the Government of Burma Act, 1935, theSecretary of State shall award to that officer or servant out of the revenues ofthe Federation, such compensation as he may think just and equitable in augmen-tation of any allowance or gratuity for which that officer or servant may beotherwise-eligible. (3)Any payments directed by this section to be made out of the revenues of theFederation shall be charged upon those revenues. ________________________ 1.Omitted, by the India (Provisional Constitution) Order, 1947,