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Government of India Act, 1935 [Repealed] Part II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 38

Title: Rules of Procedure

State: Central

Year: 1935

.....specified in the proviso to the preceding sub-section as the Governor-General in his discretion may think fit. (3) Until rules are made under this section, the rules of procedure and standing orders in force immediately before the establishment of the Federation with respect to4 the Indian Legislature shall have effect in relation to the Federal Legislature subject to such modifications and adaptations as may be made therein by the 5 [Governor-General in his discretion]. 3 [(4) At a joint sitting of the two Chambers the President of the Council of State, or in his absence such person as may be determined by rules of procedure made under this section, shall preside. ___________________________ 1. The words within brackets were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11. 2. Substituted by the word 'Dominion', by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11. 3. Sub-secs. (2) and (4) of s. 38 were omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11. 4. The words 'the Legislative Assembly of were inserted, by Government.....

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 84

Title: Rules of Procedure

State: Central

Year: 1935

.....and the President, may make rules as tothe procedure with respect to joint sittings of, and communications betweenthe two Chambers. The said rules shall make such provision for the purposes specifiedin the proviso to the preceding sub-section as the Governor in his discretionmay think fit. (3) Until rules are made under this section the rules of procedure and standing orders in force immediately before the commencement of this Part of this Act with respect to the Legislative Council of the Province, shall have effect in relation to the Legislature of the Province, subject to such modifications and adaptations as may be made therein by the Governor acting in his discretion. (4) At a joint sitting of two Chambers the President of the Legislative Council, or in his absence such person as may be determined by rules of procedure made under this section, shall preside. _________________________ 1. The words within brackets were omitted, by the India (Provisional Constitution) Order, 1947.

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] Section 311

Title: Interpretation, Etc.

State: Central

Year: 1935

.....adapted or modified by an Order in Council under this sub-section shall extend to the repeal or amendment of that Order, and any reference in this Act to an Act of Parliament shall be construed as including a reference to any such Order.] (6) Any reference in this Act to11[Federal] Acts or laws or Provincial Acts or laws, or to Acts or laws of the Federal or a Provincial Legisla- ture, shall be construed as including a reference to an ordinance made by the Governor-Central9[or a Governor-General's Act] or, as the case may be, to an ordinance made by a Governor9[or a Governor's Act]. (7) References in this Act to the taking of an oath include reference to the making of an affirmation. ________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947. 2. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, ch. 5), S. 8. 3. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940., S. 1. 4. Substituted, by the India (Provisional Constitution) Order, 1947., by the words 'the Governor-General'. 5. Inserted by the India (Estate Duty) Act, 1945 (8 and 9 Geo. 6, ch. 7), S. 1 (3), 6. Substituted,.....