Bare Act Search Results

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Government of India Act, 1935 [Repealed] Chapter I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] Part II

Title: The Federal Executive

State: Central

Year: 1935

.....council ofministers. (3)If any question arises whether any matter is or is not a matter as respectswhich the Governor-General is by or under this Act required to act in hisdiscretion or to exercise his individual judgment, the decision, of theGovernor-General in his discretion shall be final, and the validity of anythingdone by the Governor-General shall not be called in question on the ground thathe ought or ought not to have acted in his discretion, or ought or ought not tohave exercised his individual judgment]. ___________________________ 1.These words up to the end of the section were omitted, by theIndia (Provisional Constitution) Order, 1947. 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 of 1 [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.....

Government of India Act, 1935 [Repealed] Chapter III

Title: The Federal Legislature

State: Central

Year: 1935

.....nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any Order in Council made under this Act or by any Act of the Federal or the Provincial Legislature, unless five years have elapsed from the date by which the return ought to have been lodged or the Governor-General, acting in his discretion, has removed the disqualification: Provided that a disqualification under paragraph (f) of this sub-section shall not take effect until the expiration of one month from the date; by which the return ought to have been lodged or of such longer period as, the Governor-General, acting in his discretion, may in any particular case allow. (2) A person shall not be capable of being chosen a member of either Chamber while he is serving a sentence of transportation or of imprisonment for a criminal offence. (3) Where a person who, by virtue of a conviction or a conviction anda sentence, becomes disqualified by virtue of paragraph (d) or paragraph (e)of sub-section (1) of this section is at the date of the disqualification amember of the Legislature, his seat shall, notwithstanding, anything in thisor the last preceding section, not.....

Government of India Act, 1935 [Repealed] Section 18

Title: Constitution of the Federal Legislature

State: Central

Year: 1935

.....unless sooner dissolved, shall continue for five years from the date appointed for their first meeting and no longer,and the expiration of the said period of five years shall operate as a disolution of the Assembly. ___________________________ 1. Section 18 was substituted as follows, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.- "The powers of the Dominion Legislature under this Act shall, untilother provision is made by or in accordance with a law made by the ConstituentAssembly under sub-section (1) of section 6 of the Indian Independence Act,1947, be exercisable by that Assembly, and accordingly references in thisAct to the Dominion Legislature shall be construed as references to theConstituent Assembly."

Government of India Act, 1935 [Repealed] Chapter III

Title: The Provincial Legislature

State: Central

Year: 1935

..... 1. The words withinbrackets were omitted, by the India (Provisional Constitution) Order, 1947. Section 77 - Power of Crown to disallow Acts Any Act assented to by the Governor or the Governor-General may be disallowed by His Majesty within twelve months from the date of the assent, and where any Act is so disallowed the Governor shall forthwithmake the disallowance known by public notification and as from the dateof the notification the Act shall become void.]1 _________________________ 1. The words within brackets were omitted, by the India (Provisional Constitution) Order, 1947. Section 78 to 83 - Procedure in Financial matters Section 78 - Annual financial statement (1)The Governor shall in respect of every financial year cause to be laid beforethe Chamber or Chambers of the Legislature as statement of the estimatedreceipts and expenditure of the Province for that year, in this Part of this Actreferred to as the "annual financial statement". (2)The estimates of expenditure embodied in the annual financial statement shallshow separately-- (a)The sums required to meet expenditure described by this Act as expenditurecharged upon the revenues of the.....

Government of India Act, 1935 [Repealed] Section 61

Title: Composition of Chambers of Provincial Legilature

State: Central

Year: 1935

(1) The Composition of the Chamber of Chambers of the Legislature of a Province shallbe such as is specified in relation to that Provincein the Fifth Schedule to this Act. (2) Every Legislative Assembly of every Province, unless sooner dissolved, shall continue for five years1from the date appointed, for their firstmeeting and no longer, and the expiration of the said period of five yearsshall operate as a dissolution of the Assembly. (3) Every Legislative Council shall be a permanent body not subject dissolution but as near as may be one-third of the members thereof shall retire in every third year in accordance with the provision in that behalf made in relation to the Province under the said Fifth Schedule. _________________________ 1. Under section 1(1) of the India and Burma (Postponement of Elections) Act,1941 (4 & 5 Geo. 6, ch. 44) the first Legislative Assembly in each Province;was to continue until twelve months after the end of the war period; unless itwas previously dissolved under section 62 (2). And the expression 'the warperiod', meant the period for which the Emergency Powers (Defence) Act,1939, was in force.

Government of India Act, 1935 [Repealed] Section 138

Title: Taxes on Income

State: Central

Year: 1935

.....[Federal]1b Government requires him so to do. (3) Where an Act of the [Federal]1Legislature imposes a surcharge for [Federal]1purposes under this section, the Act shall provide for the payment by each [Federated]2State in which taxes on income are not leviable by such basis as may be prescribed with a view to securing that the contribution shall be the equivalent, as near as may be, of the net proceeds which it is estimated would result from the surcharge if it were leviable in that State, and the State shall become liable to pay that contribution accordingly. (4) In this section-- "taxes on income" does not include a corporation tax; "prescribed" means prescribed by [His Majesty in Council]7; and "Federal emoluments" includes all emoluments and pensions payable out of the revenues of the [Federation]1or of the Federal Railway Authority in respect of which income-tax is chargeable. ________________________ 1. Substituted, by the India (Provisional Constitution) Order, 1947., by the word 'Dominion'. 2. Substituted, by the India (Provisional Constitution) Order, 1947., by the word 'Acceding'. 3. See the Government of India (Distribution of Revenues) Order, 1936.....

Government of India Act, 1935 [Repealed] Section 139

Title: Corporation Tax

State: Central

Year: 1935

.....for any information or returns from any, corporation in the State, but it shall be the duty of the Ruler thereof to cause to be supplied to the Auditor-General of India such information as the Auditor-General may reasonably require to enable the amount of any such contribution to be determined. If the Ruler of a State is dissatisfied with the determination as to the amount of the contribution payable by his State in any financial year, he may appeal to the Federal Court, and if he establishes to the satisfaction of that Court that the amount determined is excessive, the Court shall reduce the amount accordingly and no appeal shall lie from the decision of the Court on the appeal]. ________________________ 1. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 & 4 Geo. 6, Ch. 5), S. 1,

Government of India Act, 1935 [Repealed] Schedule V

Title: Fifth Schedule

State: Central

Year: 1935

.....Council or, so far as regards any matter which under this Act the Provincial Legislature or the Governor are competent to regulate, prescribed by an Act of that Legislature or by a rule made under the next succeeding paragraph. 20. In so far as provisions with respect to any matter is not made by this Act orby His Majesty in Council or, after the constitution of the Provincial Legislature, by Act of Legislature (where the matter is one with respect to which that Legislature is competent to make laws), the Governor, exercising his individual judgment, may make rules for carrying into effect the foregoing provisions of this Schedule and the provisions of the Sixth Schedule and securing the due constitution of the Provincial Legislature and in particular, but without prejudice to the generality of the foregoing words, with respect to-- (i) the notification of vacancies, including casual vacancies, and the proceedings to be taken for filling vacancies; (ii) the nomination of candidates; (iii) the conduct of elections, including the application to elections of the principle of proportional representation by means of the single transferable vote and the rules to regulate.....