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Start Free TrialGovernment of India Act, 1935 [Repealed] Part II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View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 220
Title: Constitution of High Courts
State: Central
Year: 1935
.....by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words--' the Governor-General may by order fix". 3. The Government of India (High Court Judges) Order, 1937 [18-3-1937]. 4. Added and deemed to have been so added immediately before the passing of the Act by the India (Miscellaneous Provisions) Act, 1944 (7 & 8 Geo. 6, Ch. 38), Ss. 2 and 6(1). 5. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6. 6. Inserted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., after this-- "and in computing the period during which a person has served as a judge of a High Court, or been a pleader of a High Court, or held judicial office in India, any period before the establishment of the Dominion during which the person has served as a judge or been a pleader of a High Court in British India or has held judicial office in India, as the case may be, shall be included".
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 273
Title: Provisions as to Family Pension Funds
State: Central
Year: 1935
.....other persons who are serving or have served His Majesty in India, and accordingly the regulations and rules relating to any such fund may apply in relation to any such persons as aforesaid. If any Order in Council is made under this section, and if Provision in that behalf is made by the Acts or rules relating to conditions of serviced of persons serving His 'Majesty in Burma, the said regulations and rules may also extend to persons appointed to the service of the Crown in Burma after the commencement of Part III of this Act. ________________________ 1. Omitted, by the India (Provisional Constitution)Order, 1947. 2. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6 ch. 5), S. 10, for the balance in the hands of the Governor-General on the thirty-first day of March next following the passing of this Act". 3. Substituted, bythe India (Provisional Constitution)Order, 1947, for three years. 4. Substituted, by the India (Provisional Constitution)Order, 1947, "the Governor-General".
View Complete Act 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] Section 262
Title: Eligibility for Office of Persons Who Are Not British Subjects
State: Central
Year: 1935
.....S. 9, for "any subject of a specified Indian State." [effective from 1-4-1943]., for 'any named native of a tribal area or territory to India". 3. The words "being an office specified in the declaration" were omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940, [effective from 1-4-1940]. 4. Omitted, by the India (Provisional Constitution) Order, 1947. 5. Inserted, by the India and Burma (Miscellaneous Amendments) Act, 1940 [effective from 1-4-1940]. 6. Substituted, by the India and Burma (Miscellaneous Amendments) Act, 1940., the following-- "was in the permanent service of the Crown in India (within the meaning of this Act as originally enacted)."
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 247
Title: Conditions of Service, Pensions, Etc., of Persons Recruited by Secretary of State
State: Central
Year: 1935
.....to be made by the Secretary of State in so far as he thinks fit to make such rules, and, in so far and so long as provision is not made by such rules, by rules to be made as respects persons serving in connection with the affairs of the Federation, by the Governor-General or some person or persons authorised by the Governor-General to make rules for the purpose and, as respects persons serving in connection with the affairs of a Province, by the Governor of the Province or some person or persons authorised by the Governor to make rules for the purpose: Provided that no rule made under this sub-section shall have effect so as to give to any person appointed to a civil service or civil post by the Secretary of State less favourable terms as respects remuneration or pension than were given to him by the rules in force on the date on which he was first appointed to his service or was appointed to his post. (2) Any promotion of any person appointed to a civil service or a civil post by the Secretary of State or any order relating to leave of not less than three months of any such person, or any order suspending any such person from office shall, if he is serving in connection.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 242
Title: Application of Preceding Section to Railway, Customs, Postal and Telegraph Services and Officials of Courts
State: Central
Year: 1935
.....preceding section shall have effect as if for any reference to the Governor-General in paragraph (a) of sub-section (1), in paragraph (a) of sub- section (2) and in sub-section (5) there were substituted a reference to the Federal Railway Authority]. 1 [(2) In framing rules for the regulation of recruitment to superior railway posts, the Federal Railway Authority shall consult the Federal Public Service Commission, and in recruitment to such posts and in recruitment generally for railway purposes shall have due regard to the past association of the Anglo-Indian community with railway services in India, and particularly to the specific class, character and numerical percentages of the posts hither to held by members of that community and the remuneration attaching to such posts, and shall give effect to any instructions which may be issued by the Governor-General for the purpose of securing, so far as practicable to each community in India a fair representation in the railway services of the Federation, but, save as aforesaid, it shall not be obligatory on the Authority to consult with, or otherwise avail themselves of the services of the Federal Public Service Commission]. .....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Chapter II
Title: Civil Services-general Provisions
State: Central
Year: 1935
.....not being an order ofthe Governor-General or a Governor. (4) Notwithstandinganything in this section, but subject to any other provision of this Act, Actsof the appropriate Legislature in India may regulate the conditions of serviceof persons serving His Majesty in a civil capacity in India and any rules madeunder this section shall have effect subject to the provisions of any such Act. Provided that nothingin any such Act shall have effect so as to deprive any person of any rightsrequired to be given to him by the provisions, of the last precedingsub-section. (5) No rules madeunder this section and no Act of any Legislature 1 [in India] shall beconstrued to limit or abridge the power of the Governor-General or a Governor todeal with the case of any person serving His Majesty in a civil capacity 1 [inIndia] in such manner as may appear to him to be just and equitable: Provided that, whereany such rule or Act is applicable to the case of any person, the case shall notbe dealt with in any manner less favourable to him than that provided by thatrule or Act. ________________________ 1.Omitted, by by theIndia (Provisional Constitution) Order, 1947. 2.Subscribed by by.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 222
Title: Temporary and Additional Judges
State: Central
Year: 1935
.....being increased, the Governor-General2[in his discretion] may, subject to the foregoing provisions of this chapter with respect to the maximum number of judges, appoint persons duly qualified for appointment as judges to the additional judges of the Court for such period not exceeding two years as he may specify. ________________________ 1.Substituted, by the India (Provisional Constitution) Order, 1947, by the words-- 'permanently appointed' 2. Omitted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6. 3. Substituted, by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words "as acting chief justice".
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 221
Title: Salaries, Etc., of Judges
State: Central
Year: 1935
The judges of the several High Courts shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and traveling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by1[His Majesty in Council]:2 Provided that neither the salary of a judge, nor his rights in respect of leave of absence or pension, shall be varied to his disadvantage after his appointment. ________________________ 1. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940 (3 and 4 Geo. 6, Ch. 5), S. 6., by the words--'order of the Governor-General'. 2. See the Government of India (High Court Judges) Order, 1937 [18-3-1937].
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