Title : Organisation and Expenses of India Office
State : Central
Year : 1935
1[280 Organisation and expenses of India Office (1) As from the commencement of Part III of this Act the salary of the Secretary of State and the expenses of his department, including the salaries and remuneration of the staff thereof, shall be paid out of moneys provided by Parliament. (2) Subject to the provisions of the next succeeding section with respect to the transfer of certain existing officers and servants, the Secretary of State may appoint such officers and servants as he, subject to the consent of the Treasury as to numbers, may think fit and there shall be paid to persons so appointed such salaries or remuneration as the Treasury may from time to time determine. (3) There shall be charged on and paid out of the revenues of the Federation into the Exechequer such..... View Complete Act List Judgments citing this sectionTitle : Power of His Majesty to Make Provision with Respect to Franchises and Elections
State : Central
Year : 1935
Franchise In so far as provision with respect to the matters hereinafter mentioned is not made by this Act,1[His Majesty in Council may from time to time make provision]2with respect to those matters or any of them, that is to say- (a) the delimitation of territorial constituencies for the purpose of elections under this Act; (b) the qualifications entitling persons to vote in territorial or other constituencies at such elections, and the preparation of elec toral rolls; (c) the qualifications for being elected at such elections as a member of a legislative body; (d) the filling of casual vacancies in any such body; (e) the conduct of elections under this Act and the methods of voting thereat. (f) the expenses of candidates at such elections; (g) corrupt practices and..... View Complete Act List Judgments citing this sectionTitle : Protection for Certain Rights, Privileges, and Pensions
State : Central
Year : 1935
1[300. Protection for certain rights, privileges, and pensions (1) The executive authority of the Federation or of a Province shall not be exercised, save on an order of the Governor-General or Governor, as the case may be, in the exercise of his individual judgment, so as to derogate from any grant or confirmation of title of or to land, or of or to any right or privilege in respect of land or land revenue, being a grant or confirmation made before the first day of January, one thousand eight hundred and seventy, or made on or after that date for services rendered. (2) No pension granted or customarily payable before the commencemerit of Part III of this Act by the Governor-General in Council or any Local Government on political considerations or compassionate ground shall be..... View Complete Act List Judgments citing this sectionTitle : Protection of Governor-general, Governor or Secretary of State
State : Central
Year : 1935
(1) No proceedings whatsoever shall lie in, arid as process whatsoever shall issue from, any court in India against the Governor-General,1against the Governor of a Province,2[or against the Secretary of State]., whether in a personal capacity or otherwise, and, except with the sanction of3[His Majesty in Council] no proceedings whatsoever, shall lie in any court in India against any person who has been the Governor-General,4the Governor of Province, or the Secretary of State in respect of anything done or omitted to be done by any of them during his term of office in performance or purported performance of the duties thereof. Provided that nothing in this section shall be construed as restricting the right of any person to bring against the Federation,5a Province,6[or the Secretary of..... View Complete Act List Judgments citing this sectionTitle : Operation of Part Xiii
State : Central
Year : 1935
1 [312. Operation of Part XIII The provisions of this Part of this Act shall apply with respect to the period elapsing between the commencement of Part III of this Act and the establishment of the Federation. ________________________ 1. Omitted by the India (Provisional Constitution) Order, 1947 View Complete Act List Judgments citing this sectionTitle : The Governor General of India and His Majestys Representative as Regards Relations with Indian States
State : Central
Year : 1935
(1) The Governor-General of India is appointed by His Majesty by a Commission under the Royal Sign Manual1[and has-- (a) all such powers and duties as are conferred or imposed on him by or under this Act; and (b) such other powers of His Majesty, not being powers connected with the exercise of the functions of the Crown in its relations with Indian States, as His Majesty may be pleased to assign to him. (2)2[His Majesty's Representative for the exercise of the functions Of the Crown in its relations with Indian States] is appointed by His Majesty in like manner and has such powers and duties in connection with the exercise of those functions (not being powers or duties conferred or imposed by or under this Act on the Governor-General) as His Majesty may be pleased to assign to..... View Complete Act List Judgments citing this sectionTitle : Officers of Chambers
State : Central
Year : 1935
1 (1)The Council of State shall, as soon as may be, choose two members of the Councilto be respectively President and Deputy President thereof and, so often as theoffice of President or Deputy President becomes vacant, the Council shall chooseanother member to be President or Deputy President as the case may be. 1 (2)A member holding office as President or Deputy President of the Council of Stateshall vacate his office if he ceases to be a member of the Council, may at anytime resign his office by writing under his handaddressed to theGovernor-General, and may be removed from his officeby a resolution of theCouncil passed by a majority of all the then members of the Council; but noresolution for the purpose of this sub-sectionshall be moved unless at leastfourteen days' notice has..... View Complete Act List Judgments citing this sectionTitle : Governors 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 : Executive Authority of Province
State : Central
Year : 1935
(1) The executive authority of a Province shall be exercised on behalf of His Majesty by the Governor, either directly or through officers subordinate to him, but nothing in this section shall prevent the Federal or the Provincial Legislature from conferring functions upon subordinate authorities, or be deemed to transfer to the Governor any functions conferred, by any existing Indian law on any court, judge or officer or any local or other authority. (2) Subject to the provisions of this Act, the executive authority of each Province extends to the matters with respect to which the Legislature of the Province has power to make laws. View Complete Act List Judgments citing this sectionTitle : Other Provisions as to Ministers
State : Central
Year : 1935
(1) The Governor'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 the Provincial Legislature shall at the expiration of that period cease to be a minister. (3) The salaries of ministers shall be such as the Provincial Legislature may from time to time by Act determine, and, until the Provincial Legislature so determine, shall be determined by the Governor: Provided that the salary of a minister shall not be varied during his term of office. (4) The question whether any, and, if so what, advice was tendered by ministers to the Governor shall not be inquired into in any Court. (5) The functions of the Governor under..... View Complete Act List Judgments citing this section