Title : Distribution of Powers
State : Central
Year : 1935
(1) Subject to the provisions of this Act, the Federal Legislature may make laws [for the whole or any part of British India or for any Federated State]1, and a Provincial Legislature may make laws for the Province or for any part thereof. 2[(2) Without prejudice to the generality of the powers conferred bythe preceding sub-section, no Federal law shall, on the ground that it wouldhave extra territorial operation, be deemed to be invalid in so far as itapplies-- (a) to British subjects and servants of the Crown in any part ofIndia or (b) to British subjects who are domiciled in any part ofIndia wherever they may be; or (c) to, or to persons on, ships or aircraft registered in British India orany Federated State wherever they may be; or (d) in the case of a law with respect to..... View Complete Act List Judgments citing this sectionTitle : Finance
State : Central
Year : 1935
Section 136 - Meaning of "Revenues of Federation" and "Revenues of Province" Subject to the following provisions of this chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to Provinces and Federated States,1[and subject to the provisions of this Act with respect to the Federal Railway Authority], the expression "revenues of the Federation" includes all revenues and public moneys raised or received by the Federation, and the expression "revenues of the Province" includes all revenues and public moneys raised or received by a Province. ________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947. Section 137 - Certain Succession Duties, Stamp Duties, Terminal Taxes and Taxes on Fares and Freights ..... View Complete Act List Judgments citing this sectionTitle : Defence Services
State : Central
Year : 1935
1[232. Pay, etc., of Commander in-Chief The pay and allowances of the Commander-in-Chief of His Majesty's Forces in India and the other conditions of his service shall be such as His Majesty in Council may direct. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947. Section 233 - Control of his Majesty as to Defence appointments 1[233. Control of his Majesty as to Defence appointments (1) His Majesty in Council may require that appointments to such offices connected with in such manner as he may direct.1 (2) Nothing in this section derogates from any power vested in His Majesty by virtue of any Act or by virtue of his Royal Prerogative. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order,..... View Complete Act List Judgments citing this sectionTitle : The Provinces
State : Central
Year : 1935
(1) Subject to the provisions of the next succeeding section with respect to Berar, the following shall be Governors' Provinces, that is to say, Madras, Bombay,1[Bengal, the United Provinces, the Punjab, Bihar, the Central Provinces and Berar, Assam, the North-West Frontier Province, Orissa, Sind,], and such other Governors' Provinces as may be created under this Act. (2) Burma shall cease to be part of India. (3) In this Act the expression "Province" means, unless the context otherwise requires, a Governor's Province, and "Provincial" shall be consructed accordingly. _________________________ 1. Substituted by the words 'West Bengal, the United Provinces, East Punjab, Bihar, the Central Provinces and Reran Assam and Orissa', by Government of India (Commencement and Transitory..... View Complete Act List Judgments citing this sectionTitle : Establishment of Federation and Accession of Indian States
State : Central
Year : 1935
1 [5. Proclamation of Federation ofIndia (1) It shall be lawful for His Majesty, if anaddress in that behalf has been Proclamation of presented to him by each Houseof Parliament and if the condition hereinafter mentioned is satisfied, todeclare by Proclamation that as from the day therein appointed there shall beunited in a Federation under the Crown, by the name of the Federation ofIndia,-- (a)the Provinces hereinafter called Governors' Provinces; and (b)the Indian States which have acceded or may thereafter accede to the Federation; andin the Federation so established there shall be included the Provinceshereinafter called Chief Commissioners' Provinces. (2)The condition referred to is that States-- (a)the Rulers whereof will, in accordance with the provisions contained..... View Complete Act List Judgments citing this sectionTitle : General
State : Central
Year : 1935
1[270. Indemnity for past acts (1) No proceedings civil or criminal shall be instituted against any person in respect of any act done or purporting to be done in the execution of his duty as a servant of the Crown in India or Burma before the relevant date, except with the consent, in the case of a person who was employed in connection with the affairs of the Government of India or the affairs of Burma, of the Governor- General in his discretion, and in the case of a person employed in connections with the affairs of a Province, of the Governor of that Province in his discretion. (2) Any civil or criminal proceedings instituted, whether before or after the coming into operation of this Part of this Act, against any person in respect of any act done or purporting to be done in the..... View Complete Act List Judgments citing this sectionTitle : Provisions with Respect to Discrimination, Etc.
State : Central
Year : 1935
1[111. British Subjects Domiciled in the United Kingdom (1) Subject to the provisions of this chapter, a British subject domiciled in the United Kingdom shall be exempt from the operation of so much of any Federal or Provincial law as-- (a) imposes any restriction on the right of entry into British India; or (b) imposes by reference to place of birth, race, descent, language, religion, domicile, residence or duration of residence, any disability, liability, restriction or condition in regard to travel, residence, the acquisition, holding, or disposal of property, the holding of public office, or the carrying on of any occupation, trade, business or profession: Provided that no person shall by virtue of this sub-section be entitled to exemption from such restriction, condition,..... View Complete Act List Judgments citing this sectionTitle : Property, Contracts, Liabilities and Suits
State : Central
Year : 1935
1[172. Vesting of Lands and Buildings (1) All lands and buildings which immediately before the commencement of Part III of this Act were vested in His Majesty for the purposes of the govern-ment of India shall as from that date-- (a) in the case of lands and buildings which are situate in a Province, vest in His Majesty for the purposes of the government of that Province unless they were then used, otherwise than under a tenancy agreement between the Governor-General in Council and the Government of that Province, for purposes which thereafter will be purposes of the Federal Government or of His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States, or unless they are lands and buildings formerly used for such purposes as..... View Complete Act List Judgments citing this sectionTitle : The High Courts in British India
State : Central
Year : 1935
Chapter II1 The High Courts In2[British] India. ________________________ 1. This Chapter came into force on 1-4-1937 under Government of India (Commencement and Transitory Provisions) Order, 1936, para 3. 2. Imitted, by the India (Federal Court Judges) Act, 1942 (5 & 6 Geo. 6, Ch. 7)S. 1. View Complete Act List Judgments citing this sectionTitle : Provisions in Case of Failure of Constitutional Machinary
State : Central
Year : 1935
1[93. Power of Governor to issue Proclamations (1) If at any time the Governor of a Province is satisfied that a situation has arisen in which the government of the Province cannot be carried on in accordancewith the provisions of this Act, he may by Proclamation-- (a) declare that his functions shall, to such extent as may be specified in the Proclamation, be exercised by him in his discretion; (b) assume to himself all or any of the powers vested in or exer-cisable by any Provincial body or authority; and any such Proclamation may contain such incidental and conse-quential provisions as may appear to him to be necessary or desirable for giving effect to the objects of the Proclamation, including pro-visions for suspending in whole or in part the operation of any pro-visions of..... View Complete Act List Judgments citing this section