Professional Documents
Culture Documents
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[CH.9.1 Uoaerntnent o f .India A c t , 1935. Is26 -GBO.6 ,& 1 E d . 8.1
Bectiop.
1 1 Procedulte generally,
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38. Rules of procedure. -
39. English t o , be used in the Federal Legislature.
\I 40. ResZrictioris Gn discussion in .the Legisiature.
41. CoGrts not ;o inquire into proceedings of the Legislaturs.
CHAPTER IV.-LEGISLATIVEP O W E H ~ OF GOVERNOR-GENEBAL.
42. Power of Gover~or-General to promulgate ordinances during recess of
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CHAPTER 111.-THE PROVINCIAL .LEGISLATURE.
General.
1 Constitution of Provincial Legislatures. ,
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- 61. Compositian of Chambers of Provincial' Legislatures.
62. Sessions of the Legislatore, prorogation and dissolution.
63. Right of Governor t o address, and send messages to, Chambers.
64, Rights of ministers and Advocate-General as respects Chambers.
65. Officers of Chambeys.
66. Voting in Chambers, power of ~ h a m i e r sto act ~ l o i ~ i t h s l a n d i nvacan-
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bies, and quorum.
I Provisions as t o Members of ,Legislatu~es. ,
67. Oath of members.
68. Vacation of seats. -
69. Disqualifications for membershib.
70. Penalty for sitting and voting when not qualified, or when dikqua?ified.
71. Privileges,- &c.. of members.
I 72. Salaries a n d allowances of members. .
Legislatiye Procedure.
73. ~ n t r o d u c t i o hof Bills, R ~ c . f '
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74. Passing of Bills in Provinces having ~ e ~ i s l a t i vCouncils.
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75. Assent to k i l l e .
76, Bills r e s e r v d for consideration.
77. Power of Crown to disallow Acts.
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mevenlies. .
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126 GEO. 5 & 1 EDW.8.1 Goventnzent of Indiu Act, 1935. [FH. %;I
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. 170. Auditor of Indian Home Accounts.
171. Audit of accounts relating to the discharge of tde functions of &he
' Crown in relabion to Indian States.
CHAPTER 111.-PROPERTY, CONTRACTS, -LIABILITIESAND SUITS., - I
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I 'CHAPTER I.-THE FEDERAL COURT.
L 200. Establishment and constitution of Federal Court.
i 201. Salaries; &c., of judges. $
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204. Original jurisdiction of Fgderal Court.
205. Appeliate jurisdiction of Federal Court in appeals from High Courts /
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in British India. I \ ,
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[26 GEO'.5 &: 1 Eow. 8.1 ' Goirer,tment of -India Act, 1935. ,-.,, * [CH. 2.)
, GH&P,TER' 11.-CIV~L SERVICES.
General Provisione.
Section.
, 240. Tenure of office of empioyed infcivil capacities in India.
241. Recruitment and conditions of service.
242., Application of preceding section Lo railway, custorns, postal and tele-
graph seivices, and officials. of courts.
243. Special provisions as to, police.
h'ec~uit?nemtb y S e c r e f a r ~of State and provisions es to certain pvsta.
244. Services recruited by Secretary of State. ,
2451. Special ,provision as to irrigktiion. I
246. Rese~vedposts.
247. Conditiohs of sarvice, pensions, &c., ,of persons recruited by Secretmy
df State.
248. Rights, in respect of complaints, appeals, &c. A
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tt 256. Suhordinzte criminal magistracy.
I' Special Provisions a8 t o political Depart~cnt.
257. Officers of political department.
Provisions for t h e ~;otedtion,of certain esi8ting BfFcars:
! , 258. Provisions for protection of existing 0ffiCeTS of certain Servicgs.
259. Provisions as to certain persdns serving in or before, 1924.
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I, 260. General provisions as t o persons retiring before comman~errient of '
Part TJI.
Miscellaneous.
261. Secretary of Stato to act with concurrencet of his advisers.
262. hliaibility,for office of persons who are not British subjects.
268. Joint services and ?posts.
CEAPTEE 111.-P"BLIC SERVICECOMMISSIONS.
264. Public Service Commissions.
265. Composition and staff of Commissions.
266. Functions ;,f Public Service Cormnissions.
267. Power t o extend functions of Puhlic Service Commissions.
268: Expenses gf Public Se~vice Commissions.
CHAPTER IV.-CIIAPLAINS.
268. Provisions as to chaplains.
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CHAQTER v .-GENERAL.'
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qovbmnmant of ~ h d i h - ~ c1935.
Hection.
275. Persons not to be disqualified by sex for'h6ldi~gcertaid &ices. ' - '
276. Transitional provisions.
277. -$nte~pretqtion,&c. , , -
PLRT XI.-THE SECRETARY OF STATX, RIS ADVISERS AND HCS
DEPARTMENT.
278. Advisers to Secretary,-of State.
279. Existing accounts of Secretary of State 'in Council with R a ~ kof
England.
. 280. organisation and expe,nnses of India Office.
281. Transfer of existing personnel.
282. Contributions fram revenues of Ipederation.
283. Liavlity for penniona'in respect of service before cornmencn1r:er~t \
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Part 111. \ 4
284. Provision M to certain India O@ce provident funds.
2848. Confirmation of appointments to India Offlce staff aud s t ~ f fof Auditor'
of Indian Home Aceounts.
PART XI1.-MISCELI$NEOUS 'AND GENERAL.
The C1.0wn and the Indian States. .
285. Saving for ,rights and obligations of the Crown in its relations with I
Indian States.
286. Use of Ris Majesty's forces in connection with discharge of the func-
tiofis of the Crown in its relations with Indian States.
287. Mrangements for Govanors and Provincial staff to assist in discharg-
ing function8 of Political Department.
Ad-en;
288. Aden.
New Provinqes and alterations of boundaries of $'rovincsd/
289. Creation of new Provinces of- Sind a.nd Orissa.
290. Creation of new Provinces and dt,eration~of boundaries of Provinoes.
Pmanc hisa.
' - 291. Power of His Majesty to make provision with respect to franchises and a
elections.
Provisions as to certain legal matters.
292. Existing law of India 'to contiiue in force.
293. Adaptation of existing ,Indian laws, &c. '
294. Foreign juriediction.
295. Provisions as to death sentences.
296. Courts of appeal in revenue matters.
297. Prohibition of certain restrictions on internal trade.
298. Persons not to be subjected to disabilitp by reason of race, religion, Co- -
' 299. Compulsory acquisition of land, 6c.
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126 GEO.5 & 1 EDW.8.1 Gouemment of lndia Act, 1935. [CH. 2.3
section.
309. Orders in Council. "
310. Power of E s Majesby in Council tq remover difficultiee.
Interpretation.
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311. Inherpretation, &c. d $
D A D m VTTT TRAhT.S
r n s b s a,,,.-,aw,,,.dITIO?U'BL PROVISIONS. /
312. Operation of Part XIII.
313. Exqutive Government.
314. C6ntfol of the Se%retary of State.
315. Sterling losus.
316. LegislGture. - ,
347. Continuance of certain provisions of Government of 11idia Act.
318. Provisions as to Federal Court and certain other Federal authorities.
319. Rights and liabilitiei of Governor-General in Council and Governor-
. General to-continue after establishment of Federation.
PART XIV.-COMMENCEMENT, REPEALS, &c.
320. Commencement.
321. Repeals. '
SCHEDULES : I
' Provinces.
FOUBTH SCHEDULE.-FO~~S of Oaths or Affirmations.
FIFTHS ~ H ~ ~ ~ ~ ~ . - C o r n p oof ~ iProvincial
tion Legislatures. 1
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(iv) commissions in any such force shall be gbanted by His Majesty save in so
far as he may be pleased to dblegate' that power by virtue of the provisions of
Part I of this Act or othc~*wise,
(2) Th'e executive nutl~orityof the.Ruler of a Fe$.emCed State shall, notwith-'
standing anythiiig in this section, continue to be exercisable in that Stute with ,
respect to matters with respect to which the Federal. Legislature 'has pourer to
make laws for that State except in so far as the executive authority of the Federa-<
tion becomes exerclsnble in the State todhe evclusioil of the executive authority ;'
.of the Euler by virtue of a Federal law. , ,
A d m i n i s t ~ o t z o n of Pederai, Alffairs.
9. Council of ministers.-(1) There hall be a council df ministers, not exceed- .
i n g , t e ~in
i number, to aid and advise the Governor-General in the esercise of his
functions, except in so far as lie is by or undel' this Act, required to eserl;ise his
funoi.ions or pny of t.hem in his discretion:
Provided that nothing in this sub-section ehall, be construe$ as preventing -
the Governor-General from exercising his individual judgment in any case where
1):i or under this Act he is required so to do.
(2) The Gorernor-General in his discretion may preside a t meetings of the
counbil of mi:~ist~ers. 8 .
, (3j Lf any question ayises whether any matter is or is not a matter as respec:ts
which the Governor-General is by or undkr'this Act required to acb in his discre-
tian or to exercise his individual judgment, the decision of the Governor-General
in his discret.ion shall be final, and the validity of anything ddne by the Qovernor-
General shall n'ot be called in question on the ground that he ought or ought not
to have nct,ed in his iliqcretion, or ought or ought not to have exercised his indixi- -
dual judgment.
10. 0 t h ~ ~
provisions as to mSnistsrs.-(1) The Governor-General's ministers !'
shall bc choacn and summoned by him, shall be sworn ns menibere of the council,
and shall hold ofice during his pleqqure.
(3) 14 minister who for any period oft six consecutive ~nonthqis not u pern- -
bar of either Chamber n! the Federal Legislature shall a t the expiration of that
period cease to be a minister. ,
(3) The salaries of ~ninistersshall be such as the 'Federal Legislature !nay
from time to time by Act determine and;until the Federal Legislature so det,er-
mine, shall be detertnined by the Governor-General:
Provided that t h e salary of a minister shall not be varied during his term
of office.
(4) The question whether any and, if so, what advice was tenderedm by
ministers to the Governor-General shall not be inquired into in any courj.
( 5 ) The functions of the Governor-General, with respect to the choosing and '!
summonjng and the dismissal of ministers, and with respect t o the determination
of their salaries, sliall be exercised by him in his discretion.