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Home Bare Acts Phrase: section 167 of the act of 1935 also provided that provincial legislature may appoint auditor general for the province to perform the same duties in relation to the audit of the accounts of the province as would be performed and exercised by the auditor general of india

Government of India Act, 1935 [Repealed] Section 167

Title : Provincial Auditor-general

State : Central

Year : 1935

.....for appointment as Auditor-General of India; (b) in3[sub-section (3)] of the said section, for the reference to the Federal Legislature there shall be substituted a reference to the Provincial Legislature, and for the reference to the Governor-General there shall be substituted a reference to the Governor; and (c) in sub-section (4) of the said section for the reference to the revenue of the Federation there shall be substituted a reference to revenues of the Province: Provided that nothing in this section shall derogate from the power of the Auditor-General of India to give such directions in respect to the accounts of Provinces as are mentioned in the next succeeding section. ________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947. 2. Substituted, by by the India (Provisional Constitution) Order, 1947., by the word 'Governor' 3. substituted, by the India (Provisional Constitution) Order, 1947., by the words 'sub-sections (2) and (3)".

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Government of India Act, 1935 [Repealed] Complete Act

Title : Government of India Act, 1935 [Repealed]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.....

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Government of India Act, 1935 [Repealed] Section 170

Title : Auditor of Indian Home Accounts

State : Central

Year : 1935

.....in theUnited Kingdom affecting the revenues of the Federation, of the Federal RailwayAuthority, or of any Province, as may be prescribed by, or by rules made under,an Order of His Majesty in Council, or by any Act of the Federal Legislaturevarying or extending such an Order: Provided that no Bill or amendment for thepurpose aforesaid shall be introduced or moved without the prior sanction of theGovernor-General in his discretion: (4) The reports of the Auditor of Indian HomeAccounts relating to such transactions as aforesaid shall be submitted to theAuditor-General of India, or, in the case of transactions affecting the revenuesof a Province which has an Auditor-General, to the Auditor-General of theProvince, and shall be included by any such Auditor-General in the reports whichunder this Part of this Act he is required to submit to the Governor-General or,as the case may be, to the Governor. (5) The Auditor of Indian Home Accounts shallbe subject to the general superintendence of the Auditor-General of India. (6) The salary, allowances and pension payableto or in respect of the Auditor of Indian Home Accounts shall be charged on therevenues of the Federation, and the.....

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Government of India Act, 1935 [Repealed] Section 169

Title : Audit Reports

State : Central

Year : 1935

The reports of the Auditor-General of India relating to the accounts of the Federation shall be submitted to the Governor-General, who shall cause them to be laid before the Federal Legislature, and the reports of the Auditor-General of India or of the Auditor-General of the Province, as the case may be, relating to the accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Legislature.

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Government of India Act, 1935 [Repealed] Section 166

Title : Auditor-general of India

State : Central

Year : 1935

.....amendment for the purpose aforesaid shall beintroduced or moved without the previous sanction of the Governor-Generalin his discretion. (4) The salary, allowances and pension payable to or in respect of anAuditor-General shall be charged on the revenues of the3[Federation], andthe salaries, allowances and pensions payable to or in respect of members ofhis staff shall be paid out of those revenues. ________________________ 1. Substituted, by the India (Provisional Constitution) Order, 1947., by the word 'Governor-General'. 2. Substituted, by the India (Provisional Constitution) Order, 1947, by the words 'Order of the Governor-General'. 3. Substituted, by the India (Provisional Constitution) Order, 1947., by the words 'Dominion'.

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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 119

Title : Professional and Technical Qualifications in General

State : Central

Year : 1935

.....the regulations are expressed to come into operation, bypublic notification disallow the regulations or any of them. In this sub-section the expression "regulations" includes rules, byelaws, orders and ordinances. In the discharge of his functions under this sub-section the Governor-General or a Governor shall exercise his individual judgment. (4) If the Governor-General exercising his individual judgment by public notification directs that the provisions of the last preceding sub-section shall apply in relation to any existing Indian law, those provisions shall apply in relation to that law accordingly, and the functions which under those provisions are to be performed in relation to a Feneral law by the Governor-General and in relation to a Provincial law by the Governor shall, in relation to that existing Indian law, be performed, according as may be directed by the notification, by the Governor-General exercing his individual judgment, by the Governor exercising his individual judgment or partly by the one and partly by the other of them. _________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.

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Government of India Act, 1935 [Repealed] Section 126A

Title : Where a Proclamation of Emergency is in Operation Wherebythe Governor-general Has Declared That the Security of India is Threatenedby War

State : Central

Year : 1935

.....confers powers or imposes duties, or authorises the conferring of powersor he imposition of duties, upon the 1c[Federation] or upon officers orauthorities of the 1c[Federation] in relation to such a matter as aforesaidshall be introduced or moved without the previous sanction of the Governor-General in his discretion, and the Governor-General shall not give his sanctionunless it appears to him that the provision proposed to be made is a properprovision in view of the nature of the emergency]. _________________________ 1. Inserted by the Government of India (Amendment) Act, 1939, (2 & 3 Geo. VI, C. 66), Section 1 [with effect from 1-4-1937]. 2. Substituted, by the India (Provisional Constitution) Order, 1947, for the words 'Dominion'.

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Government of India Act, 1935 [Repealed] Section 308

Title : Procedure as Respects Proposals for Amendment of Certain Provisions of Act and Orders in Council

State : Central

Year : 1935

.....on motions proposed in each Chamber by a minister on behalf of the council of ministers, pass a resolution recommending any such amendment of this Act or of an Order in Council made there under as is hereinafter mentioned, and on motion proposed in like manner, present to the Governor-General or, as the case may be, to the Governor an address for submission to His Majesty praying that His Majesty may be pleased to communicate the resolution to Parliament, the Secretary of State shall within six months after the resolution is so communicated, cause to be laid before both Houses of Parliament a statement of any action which it may be proposed to take thereon. The Governor-General or the Governor, as the case may be, when for­ warding any such resolution and address to the Secretary of State shall transmit therewith a statement of his opinion as to the proposed amendments and, in particular, as to the effect which it would have on the interests of any minority, together with a report as to the views of any minority likely to be affected by the proposed amendment and as to whether a majority of the representatives of that minority in the Federal, or, as the case may be, the.....

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Government of India Act, 1935 [Repealed] Section 55

Title : Advocate-general for Province

State : Central

Year : 1935

(1) The Governor of each Province shall appoint a person, being a person qualified to be appointed a judge of a High Court, to be Advocate-General for the Province. (2) It shall be the duty, of the Advocate-General to give advice to theProvincial Government upon such legal matters, and to perform such otherduties of a legal character, as may from time to time be referred or assignedto him by the Governor. (3) The Advocate-General shall hold office during the pleasure of theGovernor, and shall receive such remuneration as the Governor may determine. 1(4) In exercising his powers with respect to the appointment and dismissal of the Advocate-General and with respect to the determination of his remuneration, the Governor shall exercise his individual judgment. _________________________ 1. Omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, para. 3.

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