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Start Free TrialGovernment of India Act, 1935 [Repealed] Section 6
Title: Accession of Indian States
State: Central
Year: 1935
.....inconsistent with the scheme ofFederation embodied in this Act: Providedthat after the establishment of the Federation, if any Instrument has in factbeen accepted by His Majesty, the validity of that Instrument or of any of itsprovisions shall not be called in question and the provisions of this Act shall,in relation to the State, have effect subject to the provisions of theInstrument. (5)It shall be a term of every Instrument of Accession that the provisions of thisAct mentioned in the Second Schedule thereto, may, without affecting theaccession of the State, be amended by or by authority of Parliament, but notsuch amendment shall, unless it is accepted by the Ruler in a supplementaryInstrument, be construed as extending the functions which by virtue of theInstrument are exercisable by His Majesty or any Federal Authority in relationto the State. (6)An Instrument of Accession or supplementary Instrument shall not be valid unlessit is executed by the Ruler himself, but, subject as aforesaid, references inthis Act to the .Ruler of a State include references to any persons for the timebeing exercising the powers of the Ruler of the State, whether by reason of theRuler's.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Chapter VI
Title: Provisions in Case of Failure of Constitutional Machinary
State: Central
Year: 1935
.....authority of the Federation extends to British Baluchistan as itextends to other Chief Commissioner's Provinces, but notwithstanding anything inthis Act, no Act of the Federal Legislature shall apply to British Baluchistanunless the Governor-General in his dis-cretion by public notification sodirects, and the Governor-General in giving such a direction with respect to anyAct may direct that the Act shall in its application to the Province, or to anyspecified part thereof, have effect subject to such exceptions or modificationsas he thinks fit. (3)The Governor-General may in his discretion make regulations for the peace andgood government of British Baluchistan, and any regulations so may made repealor amend any Act of the Federal Legislature or any existing Indian law which isfor the time being applicable to the Province and, when promulgated by theGovernor-General, shall have the same force and effect as an Act of the FederalLegislature which applies to the Pro-vince. Theprovisions of Part II of this Act relating to the power of His Majesty todisallow Acts shall apply in relation to any such regulations as they apply inrelation to Acts of the Federal Legislature assented to.....
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 VI
Title: Administrative Relations Between Federation, Provinces and States
State: Central
Year: 1935
PART VI1 Administrative Relations Between Federation, Provinces And States General. _________________________ 1. This part came into force on 1-4-1937 under Government of India (Commencement and Transitory Provisions) Order, para 3.
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] 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] 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.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Chapter III
Title: Provisions with Respect to Discrimination, Etc.
State: Central
Year: 1935
..... 2. Substituted, by the India (Provisional Constitution) Order, 1947., for the words 'Dominion'. 3. Inserted by the Government of India Act (Amendment) Act, 1939 (2 & 3 Geo. 6, Ch. 66), S. 1, (effective from 1-4-1937) see the India (Provisional Constitution) Order, 1947., Section 2(2). Section 125 - Administration of Federal Acts in Indian States (1) Notwithstanding anything in this Act, agreements may, and, if provision has been made in that behalf by the Instrument of Accession of the State, shall, be made between the Governor-General and the Ruler of1b1[a Federated] State for the exercise by the Ruleror his officers of functions in relation to the administration in his State ofany law of the2[Federal Legislature] which applies therein. (2) An agreement made under this section shall contain provisions enabling the Governor-General in his discretion to satisfy himself, by inspection or otherwise, that the administration of the law to which the agreement relates is carried out in accordance with the policy of the2[Federal] Government and, if he is not satisfied, the Governor-General acting in his discretion, may issue such directions to the Ruler as he.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Chapter I
Title: Establishment of Federation and Accession of Indian States
State: Central
Year: 1935
.....inconsistent with the scheme ofFederation embodied in this Act: Providedthat after the establishment of the Federation, if any Instrument has in factbeen accepted by His Majesty, the validity of that Instrument or of any of itsprovisions shall not be called in question and the provisions of this Act shall,in relation to the State, have effect subject to the provisions of theInstrument. (5)It shall be a term of every Instrument of Accession that the provisions of thisAct mentioned in the Second Schedule thereto, may, without affecting theaccession of the State, be amended by or by authority of Parliament, but notsuch amendment shall, unless it is accepted by the Ruler in a supplementaryInstrument, be construed as extending the functions which by virtue of theInstrument are exercisable by His Majesty or any Federal Authority in relationto the State. (6)An Instrument of Accession or supplementary Instrument shall not be valid unlessit is executed by the Ruler himself, but, subject as aforesaid, references inthis Act to the .Ruler of a State include references to any persons for the timebeing exercising the powers of the Ruler of the State, whether by reason of theRuler's.....
View Complete Act List Judgments citing this sectionGovernment of India Act, 1935 [Repealed] Section 311
Title: Interpretation, Etc.
State: Central
Year: 1935
.....adapted or modified by an Order in Council under this sub-section shall extend to the repeal or amendment of that Order, and any reference in this Act to an Act of Parliament shall be construed as including a reference to any such Order.] (6) Any reference in this Act to11[Federal] Acts or laws or Provincial Acts or laws, or to Acts or laws of the Federal or a Provincial Legisla- ture, shall be construed as including a reference to an ordinance made by the Governor-Central9[or a Governor-General's Act] or, as the case may be, to an ordinance made by a Governor9[or a Governor's Act]. (7) References in this Act to the taking of an oath include reference to the making of an affirmation. ________________________ 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. 8. 3. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940., S. 1. 4. Substituted, by the India (Provisional Constitution) Order, 1947., by the words 'the Governor-General'. 5. Inserted by the India (Estate Duty) Act, 1945 (8 and 9 Geo. 6, ch. 7), S. 1 (3), 6. Substituted,.....
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