Bare Act Search Results

Government of India Act, 1935 [Repealed] Section 76

Title: Bills Reserved for Consideration

State: Central

Year: 1935

.....return the Bill to theChamber, or, as the case may be the Chambers, of the Provincial Legislaturetogether with such a message as is mentioned in the proviso to the lastpreceding section and, when a Bill is so returned, the Chamber or Chambers shallreconsider it accordingly and, if it is again passed by them with or withoutamendment, it shall be presented again to the Governor-General for hisconsideration. (2) A Bill reserved for the signification ofHis Majesty's pleasure shall not become an Act of the Provincial Legislatureunless and until, within twelve months from the day on which it was presented tothe Governor, the Governor makes known by public notification that His Majestyhas assented thereto.]1 _________________________ 1. The words withinbrackets were omitted, by the India (Provisional Constitution) Order, 1947.

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Government of India Act, 1935 [Repealed] Chapter III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] 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] 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.....

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] 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.....

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.....

Government of India Act, 1935 [Repealed] Schedule VI

Title: Sixth Schedule

State: Central

Year: 1935

.....or a lessee, and "own" shall be construed accordingly; "tenant" as respects any land in a rural area means a tenant as defined in the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1685, as the case may be, and does not include a sub-tenant, and as respects any house or building means a person who occupies it on payment of rent, or in the case of a house, not situate in military of police lines, a person who occupies it rent free by virtue of any office, service of employment; "under-proprietor" means an under-proprietor as defined in the Oudh Rent Act, 1886; "Khaikar" means a person recorded as such in the records of rights of land in the Hill Pattis of Kumaun; "building" means abuilding as defined in the United Provinces Municipalities Act, 1916; "rental value" means the value of a houses or building based on the amount rent; "municipal tax" and ''house or building tax," means the taxes respectively known by those names imposed under the United Provinces Municipalities Act, 1916, the United Provinces Town Areas Act, 1914, and the Cantonments Act, 1924; "urban area" means a municipality or notified area (as defined in sub-section (9) of section two, and sub-section.....

Government of India Act, 1935 [Repealed] Section 88

Title: Power of Governor to Promulgate Ordinances During Recess of Legislature

State: Central

Year: 1935

.....be withdrawn at any time by the Governor. (3) If and so far as an ordinance under this section makes any provision which would not be valid if enacted in an Act of the Provincial Legislature assented to by the Governor, it shall be void. 2[Provided that, for the purposes of the provisions of this Act relating to the effect of an Act of a Provincial Legislature which is repugnant to an Act of the Federal Legislature or an existing Indian Law with respect to a matter enumerated in the Concurrent Legislative List, an ordinance promulgated under this section in pursuance of instructions from the Governor-General acting in his discretion shall be deemed to be an Act of the Provincial Legislature which has been reserved for the consideration of the Governor-General and assented to by him]. _________________________ 1. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940(3 & 4 Geo. 6, ch. 5) s. 4. This Proviso, again, was substituted by the India (Provisional Constitution) Order, 1947, as follows-- "Provided that the Governor shall not, without instructions from theGovernor-General, promulgate any such Ordinance if an Act of the ProvincialLegislature.....