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Government of India Act, 1915-19 [Repealed] Part VI

Title: Indian Legislation

State: Central

Year: 1915

.....Act of Parliament passed after the year one thousand eight hundred and sixty and extending to British India (including the Army Act,2[he Air Force Act] and any Act amending the same; or (ii) any Act of Parliament enabling the Secretary of State in Council to raise money in the United Kingdom for the government of India; and has not power to make any law affecting the authority of Parliament, or any part of the unwritten laws or constitution of the United Kingdom of Great Britain and Ireland whereonmay depend in any degree the allegiance of any prson to the Crown of the United Kingdom, or affecting the sovereignty or dominition of the Crown over any part of British India. (3) The1[Indian legislature] has not power without the previous approval of the Secretary of State in Council to make any law empowering any court other than a high court, to sentence to the punishment of death any of His Majesty's subjects born in Europe, or the children of such subjects, or abolishing any high court. ________________________ 1. These words were substituted for the words "Governor-General in Legislative Council by Part II of Sch. II of the Government of India Act 1919 (9&10 Geo......

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Government of Union Territories Act, 1963 Part II

Title: Legislative Assemblies

State: Central

Year: 1963

.....Union territory], and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given2[by the Administrator, or on being reserved by the Administrator for the consideration of the President, by the President.] ______________________ 1.Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87). 2.Substituted for the words "by the President" by Act 29 of 1975, S. 5 (15-8-1975). Section 27 - Annual financial statement (1) The Administrator of1[the Union territory] shall in respect of every financial year cause to be laid before the Legislative Assembly of the Union territory, with the previous approval of the President, a statement of the estimated receipts and expenditure of the Union territory for that year, in this Part referred to as the "annual financial statement." (2) The estimates of expenditure embodied in the annual financial statement shall show separately- (a) the sums required to meet expenditure described by this Act as expenditure charged upon the Consolidated Fund of the Union.....

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Comptroller and Auditor-generals (Duties, Powers and Conditions of Service), Act, 1971 Chapter III

Title: Duties and Powers of the Comptroller and Auditor-general

State: Central

Year: 1971

.....subs-ection (1) and sub-sections (2) and (3) inserted by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Amendment Act (2 of 1984), Section 3 (16-3-1984). 2. Substituted for the words "rupees five lakhs" and "this section" respectively, by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Amendment Act (2 of 1984), Section 3 (16-3-1984). Section 15 - Functions of Comptroller and Auditor-General in the case of grants or loans given to other authorities or bodies (1) Where any grant or loan is given for any specific purpose from the Consolidted Fund of India or of any State or of any Union territory having a Legisltive Assembly to any authority or body not being a foreign State or international organisation, the Comptroller and Auditor-General shall scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to which such grants or loans were given and shall for this purpose have right of access, after giving reasonable previous notice, to the books and accounts of that authority or body: Provided that the President, the Governor of a State or.....

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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.....

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Government of India Act, 1935 [Repealed] Chapter IV

Title: Legislative Powers of Governor

State: Central

Year: 1935

.....India and Burma (Miscellaneous Amendments) Act, 1940 (3 & 4 Geo. 6, ch. 5), s. 4. Section 90 - Power of Governor in certain circumstances to enact Acts 1[90. Power of Governor in certain circumstances to enact Acts (1) If at any time it appears to the Governor that, for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or to exercise his individual judgment, it is essential that provision should be made by legislation, he may by messageto the Chamber or Chambers of the Legislature explain the circumstances which in his opinion render legislation essential, and either-- (a) enact forthwith as a Governor's Act a Bill containing such pro- visions as he considers necessary; or (b) attach to his message a draft of the Bill which he considers necessary. (2) Where the Governor takes such action as is mentioned in para- graph (b) of the preceding sub-section, he may, at any time after the expiration of one month, enact, as a Governor's Act, the Bill proposed by him to the Chamber or Chambers either in the form of the draft communi- cated to them, or with.....

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Bombay Commissioners of Divisions Act, 1957, (Maharashtra) Section 3

Title: Amendments to Enactment; Power of State Government to Confer Powers and Impose Duties on Commission???ers Under Any Law

State: Maharashtra

Year: 1957

.....determination. The delegation was. therefore, proper. Sadruddin v. J. H. Patwardhan, 1965 Mah. L. J, 290. The Legislature has not, in enacting sub-section (H) of section 3. parted with its essential legislative function. The Legislature has clearly laid down its policy and has left it only to the State Government. Subsidiary or ancilliary matters to implement the policy of the State Legislature. Therefore, provisions of the Act are not ultra vires of State Legislature and there is no excessive delegation of legislative power. Ganesh v. Commissioner, Nagpur Division. 1965 Mah. L. J. 577. Hyderabad Abolition of Inams and Cash Grants Act, 1954, Section 2A(2) - Notifications under the provisions of another Statute : Notifications under the provisions of another Statue.- In the case of Sombharti Guru Damu Bharti v. State of Maharashtra & Ors.. 2000 (3) All M. R. 453 : 2000 AIR 352 (Bom.) : 2001 (1) Mh. L. J. 914 : 2000 (Sup.) Bom. C. R. 371. Full Bench of the Bombay High Court (Aurangabad Bench) held that notifications issued under the Bombay Commissioners of Divisions Act, 1957 relation to section 2-A regarding to the appeal being heard by the Commissioner.....

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Constitution of India Chapter 4

Title: Legislative Power of the Governor

State: Central

Year: 1950

.....to the effect of an Act of the Legislature of a Slate which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List, an Ordinance promulgated under this article in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration of the President and assented to by him. 1[***] ________________________ 1. Clause (4) was inserted by the constitution (Thirty-eighth Amendment) Act, 1975, section 3 (retrospectively) and omitted by the Constitution (Forty-forth Amendment) Act, 1978, section 27 (w.e.f. 20-6-1979).

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Comptroller and Auditor-generals (Duties, Powers and Conditions of Service), Act, 1971 Section 11

Title: Comptroller and Auditor-general to Prepare and Submit Accounts to the President, Governors of State and Administrators of Union Territories Having Legislative Assemblies

State: Central

Year: 1971

.....territory having a Legislative Assembly: Provided further that the Governor of a State may, with the previous approval of the President and after-consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the State.] __________________________ 1. Substituted for words "by any other person responsible in that behalf", by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Amendment Act (58 of 1976). Section 3 (1-3-76). 2. Inserted, by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Amendment Act (58 of 1976). Section 3 (1-3-76).

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Government of India Act, 1935 [Repealed] Chapter IV

Title: Legislative Powers of Governor-general

State: Central

Year: 1935

.....India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11. Section 44 - Power of Governor-General in Certain Circumstances to Enact Acts 1 [44.Power of Governor-General in Certain Circumstances to Enact Acts (1)If at any time it appears to the Governor-General that, for the purpose ofenabling him satisfactorily to discharge his functions in so far as he is byor under this Act required in the exercise thereof to act in his discretion orto exercise his individual judgment, it is essential that provision should bemade by legislation, he may by message to both of the Legislature explain thecircumstances which in his opinion render legislation essential, and either-- (a)enact forthwith, as a Governor-General's Act, a Bill containing suchprovisions as he considers necessary; or (b)attach to his message a draft of the Bill which he considers necessary. (2)Where the Governor-General takes such action as is mentioned in: paragraph (6)of the preceding sub-section, he may at any time after the expiration of onemonth enact, as a Governor-General's Act, the Bill proposed by him to theChambers either in the form of the draft communicated to them or with.....

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GOVERNMENT OF INDIA ACT, 1915-19 [REPEALED] Section 77

Title: Power to constitute local legislatures in lieutenant-governors' and chief commissioners' provinces

State: Central

Year: 1915

(1) When a new lieutenant-governorship is constituted under this Act, the Governor-General in Council may, by notification, with the sanction of His Majesty previously signified by the Secretary of State in Council, constitute the lieutenant-governor in legislative council of the province, as from a date specified in the notification, a local legislature for that province, and define the limits of the province for which the lieutenant-governor in legislative council is to exercise legislative powers. (2) The Governor-General in Council may, by notification, extend the provisions of this Act relating to legislative councils of lieutenant-Governors, subject to such modifications and adaptations as he may consider necessary to any province for the time being under a chief commissioner.

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