Bare Act Search Results

Government of India Act, 1935 [Repealed] Section 43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to disallow Acts as if it were an Act of the Federal Legislature assented to by the Governor-General; (b) may be withdrawn at any time by the Governor-General; and (c) if it is an ordinance extending a previous ordinance for a further period, shall be.....

Government of India Act, 1935 [Repealed] Section 89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.....

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 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 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] 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] 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] Chapter I

Title: Finance

State: Central

Year: 1935

.....of any Bill or the moving if any amendment imposing in any year any such Federal surcharge as aforesaid unless he is satisfied that all practicable economies and all practicable measures for otherwise increasing the proceeds of Federal taxation or the portion thereof retainable by the Federation would not result in the balancing of Federal receipts and expenditure on revenue account in that year. (3) In this section the expression "tax or duty in which Provinces are interested" means-- (a) a tax or duty the whole or part of the net proceeds whereof are assigned to any Province; or (b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the revenues of the Federation to any Provinces. Section 142 - Grants from Federation to Certain Provinces Such sums as may be prescribed by [His Majesty in Council]1shall be charged on the revenues of the Federation in each year as grants-in-aid of the revenues of such Provinces as His Majesty may determine to be in need of assistance, and different sums may be prescribed for different Provinces: Provided that, except in the case of the North-West Frontier Province, no grant.....

Government 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.....

Government of India Act, 1935 [Repealed] Part VIII

Title: The Federal Railway Authority

State: Central

Year: 1935

.....Authority 1 [183. Directions and Principles to be Observed by Railway Authority (1) The Authority in discharging their functions under thisAct shall act on business principles, due regard beinghad by them to theinterests of agriculture, indus-try, commerce and the general public, andinparticular shall make proper provision for meetingout of their receipts onrevenue account all expenditure to which such receiptsare applicable under theprovisions of this Part of this Act. (2) In the discharge of their saidfunctions the Authority shall beguided by such instructions on questions ofpolicy as may be given to themby the Federal Government. If any dispute arises under this sub-section between theFederal Government and the Authority as to whether a question is or is not aquestion of policy, the decision of the Governor-General in his discretion shallbe (3) The provisions of sub-section (1) of this section shallapply in relation to the discharge by the Federal Government of their functionswith respect to railways as they apply in relation to the functions of theAuthority, but nothing in this sub-section shall be construed as limiting thepowers of the Governor-General under.....