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Start Free TrialGovernment of India Act, 1935 [Repealed] Section 193
Title: Obligation of Railway Authority and Federated States to Afford Mutual Traffic Facilities and to Avoid Unfair Discrimination, Etc.
State: Central
Year: 1935
1 [193. Obligation of Railway Authority and Federated States to Afford Mutual TrafficFacilities and to Avoid Unfair Discrimination, etc. (1) It shall be the duty of the Authority and everyFederated State so to exercise their powers in relation to the railways withwhich they are respectively concerned as to afford all reasonable facilities forthe receiving, fonvarding, and delivering of traffic upon and from, thoserailways, including the receiving, forwarding and delivering of through rates,and as to secure that there shall be between one railway system and another nounfair discrimination, by the granting of undue preferences or otherwise, and nounfair or uneconomic competition. (2) Any complaint by the Authority against a FederatedState or by a Federated State against the Authority on the ground that theprovisions of the preceding sub-section have not been complied with shall bemade to and determined by the Railway Tribunal. ________________________ 1. 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 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] 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.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Schedule VII
Title: Seventh Schedule
State: Central
Year: 1935
.....thereon of supplemental powers. 54. Taxes on income other than agricultural income. 15 [54-A. The matters specified in the proviso to sub-section (2) of section one hundred and forty-two A of this Act as matters with respect to which provision may be made by laws of the Federal Legislature.] 55. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies ; 10 56. Duties in respect of succession to property other than agricultural land. 5(56-A. Estate duty in respect of property other than agricultural land.] 57. The rates of stamp in respect of bills of txchange, cheques, prohissory notes, bills of landing, letters of credit, policies of insurance, proxies and receipts. 58. Terminal taxes on goods or passengers carried by railway or air ; taxes on railway fares and freights. 59. Fees in respect of any of the matters in this list, but not including fees taken in any Court. LIST II.--PROVINCIAL LEGISLATIVE LIST 1. Public order (but hot including the use of His Majesty's naval, military or air forces in aid of the civil power) ; the administration of justice; constitution and organisation of all courts, except the.....
View Complete Act List Judgments citing this sectionBengal Development Act, 1935 Complete Act
State: West Bengal
Year: 1935
.....sanction of the Governor General has been obtained under sub-section (3) of section 80A of the Government of India Act to the passing of this Act; It is hereby enacted as follows Section 1 Short title, extent and commencement (1) This Act may be called the Bengal Development Act, 1935. (2) It extends to the whole of 11. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal]. (3) It shall come into force on such date as the 2[State Government] may, by notification, appoint. Section 2 Definitions In this Act, unless there is anything repugnant in the subject or context, (1) "agricultural lands" include lands used for the growing of vegetables and the like but does not include fruit gardens, orchards or homestead lands; (2) "canal" means a canal as defined in clause (1) of section 3 of the Bengal Irrigation Act, 1876; (3) "Collector" includes any officer specially appointed by the 22. Words "Provincial Government" subs, for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word "State" subs, for the word "Provincial" by the.....
List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 191
Title: Railway Rates Committee
State: Central
Year: 1935
1 [191. Railway Rates Committee The Governor-General may from time to time appoint aRailway Rates Committee to give advice to the Authority in connection with anydispute between personsusing, or desiring to use, a railway and the Authority asto rates or traffic facilities which he may require the Authority torefer to thecommittee. ________________________ 1. Omitted, by the India (Provisional Constitution)Order, 1947.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 194
Title: Appeal by State to Railway Tribunal from Certain Directions of Railway Authority
State: Central
Year: 1935
1 [194. Appeal by State to Railway Tribunal from Certain Directions of Railway Authority If the Authority, in the exercise of any executive authority of the Federation in relation to interchange of traffic, or maximum or minimum rates and fares, or station or service terminal charges, give any direc-tion to a Federated State, the State may complain that the direction discriminates unfairly against, the railways of the State ,or imposes on the State an obligation to afford facilities which are not in the circumstances reasonable, and any such complaint shall be determined by the Railway Tribunal. ________________________ 1. Omitted, by the India (Provisional Constitution) Order, 1947.
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 sectionGovernment of India Act, 1935 [Repealed] Chapter IV
Title: Legislative Powers of Governor
State: Central
Year: 1935
.....India and Burma (Miscellaneous Amendments) Act, 1940 (3 & 4 Geo. 6, ch. 5), s. 4. Section 90 - Power of Governor in certain circumstances to enact Acts 1[90. Power of Governor in certain circumstances to enact Acts (1) If at any time it appears to the Governor that, 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, it is essential that provision should be made by legislation, he may by messageto the Chamber or Chambers of the Legislature explain the circumstances which in his opinion render legislation essential, and either-- (a) enact forthwith as a Governor's Act a Bill containing such pro- visions as he considers necessary; or (b) attach to his message a draft of the Bill which he considers necessary. (2) Where the Governor takes such action as is mentioned in para- graph (b) of the preceding sub-section, he may, at any time after the expiration of one month, enact, as a Governor's Act, the Bill proposed by him to the Chamber or Chambers either in the form of the draft communi- cated to them, or with.....
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