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Start Free TrialGovernment 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.....
List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Schedule IX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.....
View Complete Act List Judgments citing this sectionGovernment 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.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 200
Title: Establishment and Constitution of Federal Court
State: Central
Year: 1935
.....(Provisional Constitution) Order, 1947the words "the Governor-General". 2. Substituted, by the India (Provisional Constitution) Order, 1947., by the words "a resolution is passed by the Dominion Legislature approving". 3. Substituted, by the India (Provisional Constitution) Order, 1947., by the words "order of the Governor-General". 4. Omitted, the India (Provisional Constitution) Order, 1947 the India (Provisional Constitution) Order, 1947., by the words "order of the Governor-General".. 5. The following words were added, by the India (Provisional Constitution) Order, 1947., after sub-section (3)-- "In this sub-section the expression 'High Court' includes a High Court in an ecceding State and any Court which was a High Court in British India"
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 220
Title: Constitution of High Courts
State: Central
Year: 1935
.....by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words--' the Governor-General may by order fix". 3. The Government of India (High Court Judges) Order, 1937 [18-3-1937]. 4. Added and deemed to have been so added immediately before the passing of the Act by the India (Miscellaneous Provisions) Act, 1944 (7 & 8 Geo. 6, Ch. 38), Ss. 2 and 6(1). 5. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6. 6. Inserted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., after this-- "and in computing the period during which a person has served as a judge of a High Court, or been a pleader of a High Court, or held judicial office in India, any period before the establishment of the Dominion during which the person has served as a judge or been a pleader of a High Court in British India or has held judicial office in India, as the case may be, shall be included".
View Complete Act List Judgments citing this sectionGovernment 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.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 278
Title: Advisers to Secretary to State
State: Central
Year: 1935
.....if at a meeting of his advisers he obtains the concurrence of at least one-half of those present at the meeting, or if such notice and opportunity for objection as may be prescribed has been given to those adviser and none of them has required that a meeting shall be held for discussion of the matter. In this sub-section "prescribed" means prescribed by rules of business made by the Secretary of State after obtaining at a meeting of his advisers the concurrence of at least one-half of those present at the meeting. (8) The Council of India as existing immediately before the com mencement of Part III of this Act shall be dissolved. (9) Notwithstanding anything in the foregoing provisions of this section, a person who immediately before the commencement of Part III of this Act was a member of the Council of India may be appointed under this section as an adviser to the Secretary of State to hold office as such for such period less than five years as the Secretary of State may think fit.
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