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Start Free TrialGovernment of India Act, 1935 [Repealed] Section 42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to disallow Acts as if it were an Act of the Federal Legislatureassented to by the Governor-General; and (c)may be withdrawn at any time by the Governor-General.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.....
View Complete Act List Judgments citing this sectionConstitution 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).
View Complete Act List Judgments citing this sectionWest Bengal Land Reforms Act, 1955 Complete Act
State: West Bengal
Year: 1955
.....of his own interest therein, but does not include the right of the bargadar to cultivate the land of the holding; 1010. Clause (7) subs. by W.B. Act Act 50 of 1981, which was earlier as under: "(7) "land" means agricultural land other than land comprised in a tea- garden which is retained under sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953, and includes home-steads but does not include tank. Explanation: "Homestead" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953.'. (7) "land" means land of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of livestock breeding, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sairati interests and any other land together with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth; (8) "Personal cultivation" means cultivation by a person of his own land on his own account (a) by his own labour, or (b) by the labour of any member of his family, or (c) by.....
List Judgments citing this sectionConstitution of India Complete Act
Title: Constitution of India
State: Central
Year: 1950
..... Constitution Order262 - THE CONSTITUTION (DISTRIBUTION OF REVENUES) No. 11 ORDER, 2010 Amending Act1 - THE CONSTITUTION (EIGHTY-FIFTH AMENDMENT) ACT, 2001 Amending Act2 - THE CONSTITUTION (EIGHTY-SIXTH AMENDMENT) ACT, 2002 Amending Act3 - THE CONSTITUTION (SCHEDULED CASTES AND SCHEDULED TRIBES) ORDERS (AMENDMENT) ACT, 2002 Amending Act4 - THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) ACT, 2002 Amending Act5 - THE CONSTITUTION (SCHEDULED CASTES) ORDERS (SECOND AMENDMENT) ACT, 2002 Amending Act6 - THE CONSTITUTION (NINETY-SECOND AMENDMENT) ACT, 2003 Amending Act7 - THE CONSTITUTION (NINETY-FIRST AMENDMENT) ACT, 2003 Amending Act8 - THE CONSTITUTION (NINETIETH AMENDMENT) ACT, 2003 Amending Act9 - THE CONSTITUTION (EIGHTY-NINTH AMENDMENT) ACT, 2003 Amending Act10 - THE CONSTITUTION (EIGHTY-SEVENTH AMENDMENT) ACT, 2003 Amending Act11 - THE CONSTITUTION (EIGHTY-EIGHTH AMENDMENT) ACT, 2003 Amending Act12 - THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2003 Amending Act13 - THE SIXTH SCHEDULE TO THE CONSTITUTION (AMENDMENT) ACT, 2003 Amending Act14 - THE CONSTITUTION (NINETY-THIRD AMENDMENT) ACT, 2005 Amending Act15 - THE CONSTITUTION (NINETY-FOURTH.....
List Judgments citing this sectionConstitution of India Complete Act
State: Central
Year: 1949
.....of this Constitution if- (a) he or either of his parents or any of his grand- parents was born in India as defined in (Government of India Act, 1935) (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948. he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government : Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. ARTICLE 7: Rights of citizenship of certain migrants to Pakistan: Notwithstanding anything in (Art.5) and (Art.6), a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be.....
List Judgments citing this sectionGovernment 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.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1915-19 [Repealed] Repealing Act 1
Title: Government of India Act, 1935
State: Central
Year: 1915
.....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]. ___________________________ 1.These words up to the end of the section were omitted, by the India (Provisional Constitution) Order, 1947. 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.....
View Complete Act List Judgments citing this sectionConstitution of India Chapter 6
Title: Subordinate Courts
State: Central
Year: 1950
.....from the President in that behalf. (3) If and so far as an Ordinance under this article makes any provision which would not be valid if 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). Article 240 - Power of President to make regulations for certain Union territories 1[240. Power of President to make regulations for certain Union territories (1) The President may make regulations for the peace, progress and good Government of the Union territory of (a) the Andaman and Nicobar Islands; .....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Complete Act
Title: Government of India Act, 1935 [Repealed]
State: Central
Year: 1935
.....to Promulgate Ordinances at any Time with Respect to Certain Subjects Section44 - Power of Governor-General in Certain Circumstances to Enact Acts Chapter V Section45 - Power of Governor-General to issue Proclamations PartIII - GOVERNORS' PROVINCES Chapter I Section46 - Governors Provinces Section47 - Provisions as to Berar Chapter II Section48 - Appointment of Governor Section49 - Executive Authority of Province Section50 - Council of Ministers Section51 - Other Provisions as to ministers Section52 - Special Responsibilities of Governor Section53 - Provisions as to Instrument of Instructions Section54 - Superintendence of Governor-General Section55 - Advocate-General for Province Section56 - Provisions as to Police Rules Section57 - Provisions as to crimes of violence intended to overhow Government Section58 - Sources of certain information not to be disclosed Section59 - Conduct of business of Provincial Government Chapter III Section60 - Constitution of Provincial Legislature Section61 - Composition of Chambers of Provincial Legilature Section62 - Sessions of the Legislature, Prorogation and dissolution Section63 - Right of Governor to address.....
List Judgments citing this sectionKarnataka Police Act, 1963 Chapter XI
Title: Miscellaneous
State: Karnataka
Year: 1963
.....done under that rule. (5) All rules made under this Act shall, subject to any modification made under sub-section (4), have effect as if enacted in this Act. Section 164 - Method of proving orders and notifications Any order or notification published or issued by the Government or by a Magistrate or Officer under any provision of this Act, and the due publication or issue thereof, may be proved by production of a copy thereof, in the official Gazette or of a copy thereof signed by such Magistrate or Officer, and by him certified to be a true copy of the original published or issued according to the provisions of the section of this Act applicable thereto. Section 165 - Rules and order not invalidated by defect in form or irregularity in procedure No rule, order, direction, adjudication, inquiry or notification made or published, and no act done under any provision of this Act or of any rule made under this Act, or in substantial conformity to the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure. Section 166 - Presumptions in prosecutions for contravention of directions issued under.....
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