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Start Free TrialGovernment of India Act, 1935 [Repealed] Section 303
Title: Provisions as to Sheriff of Calcutta
State: Central
Year: 1935
(1)The Sheriff of Calcutta shall be appointed annually by the Governor of Bengalfrom a panel of three persons to be nominated on the occasion of each vacancy bythe High Court in Calcutta. (2)The Sheriff shall hold office during the pleasure of the Governor and shall beentitled to such remuneration as the Governor may determine and no otherremuneration. 1 [(3)In exercising his powers with respect to the appointment and dismissal of theSheriff and with respect to the determination of h; s remuneration,the Governor shall exercise his individual judgment]. ________________________ 1.Omitted, by the India (Provisional Constitution) Order, 1947.
View Complete Act List Judgments citing this sectionGOVERNMENT OF INDIA ACT, 1935 [REPEALED] Section 132
Title: Interference with Water-Supplies of Chief Commissioner's Province
State: Central
Year: 1935
If it appears to the Governor-General that the interests of any Chief Commissioner's Province, or of any of the inhabitants of such a Province, in the water fromany natural source of supply in any Governor's Province or 1 [Federated] State have been or arelikely to be affected prejudicially by-- (a) any executive action or legislation taken or passed or proposed to be taken or passed; or (b) the failure of any authority to exercise any of their powers, with respect to the use, distribution or control of water from that source, he may, if he in his discretion thinks fit, refer the matter to a Commission appointed in accordance with the provisions of the last preceeding section and thereupon those provisions shall apply as if the Chief Commissioner's Province were a Governor's Province and as if a complaint with respect to the matter had been made by the Government of that Province to the Governor-General. _________________________ 1. Substituted, by the Government of India (Amendment) Act, 1939, by the word 'Acceding'.
View Complete Act List Judgments citing this sectionGOVERNMENT OF INDIA ACT, 1935 [REPEALED] Section 239
Title: King's India cadetships
State: Central
Year: 1935
1[239. King's India cadetships In the appointment of officers to His Majesty's army the same provisions as heretofore, or equal provision, shall be made for the appointment of sons of persons who have served in India in the military or civil service of the Crown. In this section the reference to persons who have served in India in the military or civil service of the Crown includes persons who have so served in Burma or in Aden before their respective separations from India. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947.
View Complete Act List Judgments citing this sectionGovernment 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.....
List Judgments citing this sectionGovernment 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.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Chapter III
Title: Property, Contracts, Liabilities and Suits
State: Central
Year: 1935
.....liable in respect of any contract or assurance made or executed for the purposes of this Act, or for the purposes of the Government of India Act or of any Act repealed thereby, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. ________________________ 1. Omitted by the India (Provisional Constitution) Order, 1947. Section 176 - Suits and Proceedings (1) The Federation may sue or be sued by the name of the Federation of India and a Provincial Government may sue or be sued by the name of the Province, and, without prejudice to the subsequent Provisions of this chapter, may, subject to any provisions which may be made by Act of the Federal or a Provincial Legislature enacted by virtue of powers conferred on that Legislature by this Act, sue or be sued in relation to their respective affairs in the like cases as the Secretary of State in Council might have sued or been sued if this Act had not been passed. 1(2) Rules of Court may provide that, where the Federation, the Federal Railway Authority, or a Province sue or are sued n the United Kingdom, service of all proceedings may be.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Schedule I
Title: First Schedule
State: Central
Year: 1935
.....subparagraph (i) of this paragraph shall not apply to any named subject, or to subjects generally, of that State until, that State comes under the rule of a Ruler who is of an age to exercise ruling powers; and (b) sub-paragraph (ii) of this paragraph shall not apply to a Ruler who is exercising ruling powers. 5. Upon the expiration of the term for which he is appointed to serve as a member of the Federal Legislature, a person, if otherwise duly qualified, shall be eligible to be appointed to serve for a further term. 6. Subject to the special provisions hereinafter contained with respect to the appointement of persons to represent certain States and groups of States comprised in Divisions XVI and XVII of the Table of seats,-- (i) the Rulers of the States constituting a group of States to which a seat in the Council of State is allotted shall in rotation appoint a person to fill that seat; and (ii) the Rulers of States constituting a group of States to which a seat in the Federal Assembly is allotted shall appoint jointly a person to fill that seat : Provided that the Rulers of two or more States entitled to appoint in rotation a person to fill a seat in the Council.....
View Complete Act List Judgments citing this sectionGovernment 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.....
View Complete Act 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, 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.....
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