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Assam Reorganisation (Meghalaya) Act, 1969 Section 50

Title: Power of Governor to Promulgate Ordinances During Recess of Legislative Assembly

State: Central

Year: 1969

.....be withdrawn at any time by the Governor.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 Legislature of Meghalaya assented to by the Governor, it shall be void: Provided that-- (a) for the purposes of section 35 relating to the effect of an Act of the Legislature of Meghalaya which is repugnant to an Act of Parliament or an existing law with respect to a matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution an Ordinance promulgated under this section in pursuance of instructions from the President shall be deemed to be an Act of the Legislature which has been reserved for the consideration of the President and assented to by him; (b) for the purposes of section 36 relating to the effect of an act of the Legislature of Meghalaya which is repugnant to an Act of the Legislature of the State of Assam or an existing law with respect to a matter enumerated in Part C of the Second Schedule an Ordinance promulgated under this section on the advice of the Chief Minister of Assam shall be deemed to be an Act of the Legislature which has been assented to on the advice of.....

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Government of India Act, 1935 [Repealed] Section 42

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

State: Central

Year: 1935

.....the passingof the second of those resolutions: (b)shall be subject to the provisions of this Act relating to the power ofHis Majesty to disallow Acts as if it were an Act of the Federal Legislatureassented to by the Governor-General; and (c)may be withdrawn at any time by the Governor-General. (3)If and so far as an ordinance under this section makes any provision which theFederal Legislature would not under this Act be competent to enact, it shall bevoid. ___________________________ 1.For s. 42, the following was substituted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.-- "The Governor-General may, in cases of emergency, make and promulgateOrdinances for the peace and good government of the Dominion or any part thereof, and any Ordinance so made shall, for the space of not more than six monthsfrom its promulgation have the like force of law as an Act passedby the DominionLegislature) but the power of making Ordinances under thissection is subject tothe like restrictions as the power of the Dominion Legislature under this Act tomake laws; and any Ordinance made under this section may be controlled orsuperseded by any.....

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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.....

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Government of India Act, 1935 [Repealed] Section 89

Title: Power of Governor to Promulgate Ordinances at Any Time with Respect to Certain Subjects

State: Central

Year: 1935

.....of a Province is satisfied that circumstances exist which render it necessary for him to take immediate action 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, he may promulgate such ordinances as in his opinion the circumstances of the case require. (2) An ordinance promulgated under this section shall continue in operation for such period not exceeding six months as may be specified therein, but may by a subsequent ordinance be extended for a further period not exceeding six months. (3) An ordinance promulgated under this section shall have the same force and effect as an Act of the Provincial Legislature assented to by the Governor but every such ordinance-- (a) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Provincial Legislature; (b) may be withdrawn at any time by the Governor; and (c) if it is an ordinance extending a previous ordinance for a further period, shall be communicated forthwith through the Governor-General to.....

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Constitution of India Article 213

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

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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Constitution of India Article 239B

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

State: Central

Year: 1950

.....enacted in an Act of the Legislature of the Union territory made after complying with the provisions in that behalf contained in any such law as is referred to in clause (1) of article 239A, it shall be void.] 3[***] _______________________ 1. Inserted by the Constitution (Twenty-Seventh Amendment) Act, 1971, section 3 (w.e.f. 30-12-1971). 2. Substituted by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987) section 63, for "a Union territory referred to in clause (1) of article 239A" (w.e.f. 30-5-1987). 3. Clause (4) was Inserted by the Constitution (Thirty-eight Amendment) Act, 1975 section 4 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, section 32 (w.e.f. 20-6-1979).

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Government of India Act, 1935 [Repealed] Section 43

Title: Power of Governor-general to Promulgate Ordinances at Any Time with Respect to Certain Subjects

State: Central

Year: 1935

.....is satisfied that circums­tances exist which render it necessary for him to take immediate action 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 toexercise his, individual judgment, he may promulgate such ordinance as in hisopinion the circumstances of the case require. (2) An ordinance promulgated under this section shall continue in operation for such period not exceeding six months as may be specified therein, but may be a subsequent ordinance be extended for a further period not exceeding six months. (3) An ordinance promulgated under this section shall have the same force and effect as an Act of the Federal Legislature assented to by the Governor-General, but every such ordinance-- (a) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Federal Legislature assented to by the Governor-General; (b) may be withdrawn at any time by the Governor-General; and (c) if it is an ordinance extending a previous ordinance for a further period, shall be.....

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Indian Penal Code (45 of 1860) Section 188

Title: Disobedience to Order Duly Promulgated by Public Servant

State: Central

Year: 1860

.....knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.-- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An.....

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Constitution of India Article 123

Title: Power of President to Promulgate Ordinances During Recess of Parliament

State: Central

Year: 1950

.....Houses, upon the passing of the second of those resolutions; and (b) may be withdrawn at any time by the President. Explanation.--Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void. 1[***] _________________________ 1. Clause (4) was inserted by the Constitution (Thirty-eighth Amendment) Act, 1975, section. 2 (retrospectively) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, section. 16 (w.e.f 20-6-1979).

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Government of India Act, 1915-19 [Repealed] Repealing Act 1

Title: Government of India Act, 1935

State: Central

Year: 1915

.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the func­tions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as afore­said, references in this Act to the .Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by.....

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