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Government of India Act, 1935 [Repealed] Complete Act - Bare Act

StateCentral Government
Year
Act Info:
Preamble1 - GOVERNMENT OF INDIA ACT, 1935
PartI - INTRODUCTORY
Section1 - Short Title
Section2 - Government of India by Crown
Section3 - The Governor General of India and His Majestys Representative as regards relations with Indian States
Section4 - The Commander-in-Chief in India
Part II Chapter I
Section5 - Proclamation of Federation of India
Section6 - Accession of Indian States
Chapter II
Section7 - Functions of Governor-General
Section8 - Extent of Executive Authority of the Federation
Section9 - Council of Ministers
Section10 - Other Provisions as to ministers
Section11 - Provisions as to Defence, Ecclesiastical Affairs, External Affairs and the Tribal Areas
Section12 - Special Responsibilities of Governor-General
Section13 - Provisions as to Instrument of Instructions
Section14 - Superintendence Secretary of State
Section15 - Financial Adviser to Governor-General
Section16 - Advocate General for Federation
Section17 - Conduct of Business of Federal Government
Chapter III
Section18 - Constitution of the Federal Legislature
Section19 - Session of the Legislature, Prorogation and dissolution
Section20 - Right of Governor-General to address, and send messages to Chambers
Section21 - Rights of ministers, counselors and Advocate-General as Respects Chambers
Section22 - Officers of Chambers
Section23 - Voting in Chambers, Power of Chambers to Act Notwithstanding Vacancies, and Quorum
Section24 - Oath of Members
Section25 - Vacation of Seats
Section26 - Disqualifications for Membership
Section27 - Penalty for Sitting and Voting when not Qualified, or when Disqualified
Section28 - Privileges &c.; of Members
Section29 - Salaries and Allowances of Members
Section30 - Provisions as to Introduction and Passing of Bills
Section31 - Joint Sitting Both Chambers in Certain Cases
Section32 - Assent to Bills and Power of Crown to disallow Acts
Section33 - Annual Financial Statement
Section34 - Procedure in Legislature with respect to estimates
Section35 - Authentication of Schedule of Authorised Expenditure
Section36 - Supplementary Statements of Expenditure
Section37 - Special Provisions as to Financial Bills
Section38 - Rules of Procedure
Section39 - English to be used in the Federal Legislature
Section40 - Restrictions on Discussion in the Legislature
Section41 - Courts not to Inquire into Proceedings of the Legislature
Chapter IV
Section42 - Power of Governor-General to Promulgate Ordinances during recess of Legislature
Section43 - Power of Governor-General 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 and send messages to Chambers
Section64 - Rights of ministers and advocate-General as respects Chambers
Section65 - Officers of Chambers
Section66 - Voting in Chambers, Power of Chambers to act notwithstanding vacancies and quorum
Section67 - Oath of Members
Section68 - Vacation of Seates
Section69 - Disqualifications of Membership
Section70 - Penalty for sitting and voting when not qualified, or when disqualified
Section71 - Privileges, etc., of members
Section72 - Salaries and allowances of members
Section73 - Introduction of Bills, etc.
Section74 - Passing of Bills in Provinces having Legislative Councils
Section75 - Assent to Bills
Section76 - Bills reserved for consideration
Section77 - Power of Crown to disallow Acts
Section78 - Annual financial statement
Section79 - Procedure in Legislature with respect to estimates
Section80 - Authentication of schedule of authorized expenditure
Section81 - Supplementary statements of expenditure
Section82 - Special provisions as to financial Bills
Section83 - Provisions with respect to certain educational grants
Section84 - Rules of procedure
Section85 - English to be used in Provincial Legislature
Section86 - Restrictions on discussion in the Legislature
Section87 - Courts to inquire into proceedings of the Legislature
Chapter IV
Section88 - Power of Governor to promulgate ordinances during recess of Legislature
Section89 - Power of Governor to promulgate ordinances at any time with respect to certain subjects
Section90 - Power of Governor in certain circumstances to enact Acts
Chapter V
Section91 - Excluded areas and partially excluded areas
Section92 - Administration of excluded areas and partially excluded areas
Chapter VI
Section93 - Power of Governor to issue Proclamations
PartIV - THE CHIEF COMMISSIONERS PROVINCES
Section94 - Chief Commissioners' Provinces
Section95 - British Baluchistan
Section96 - The Andaman and Nicobar Islands
Section97 - Coorg
Section98 - Provisions as to Police Rules & C., and as to Crimes of Violence Intended to Overthrow the Government
PartV - EGISLATIVE POWERS
Chapter I
Section99 - Extent of Federal and Provincial Laws
Section100 - Subject-matter of Federal and Provincial Laws
Section101 - Extent of Power to Legislate for States
Section102 - Power of Federal Legislature to Legislate if an Emergency is Proclaimed
Section103 - Power of Federal Legislature to Legislate for two or More Provinces by Consent
Section104 - Residual Powers of Legislation
Section105 - Application of Naval Discipline Act to Indian Naval Forces
Section106 - Provisions as to Legislation for Giving Effect to International Agreements
Section107 - Inconsistency Between Federal Laws and Provincial or State Laws
Chapter II
Section108 - Sanction of Governor-General or Governor Required for Certain Legislative Proposals
Section109 - Requirements as to Sanctions and Recommendations to be Regarded as Matters of Procedure Only
Section110 - Savings
Chapter III
Section111 - British Subjects Domiciled in the United Kingdom
Section112 - Taxation
Section113 - Companies Incorporated in the United Kingdom
Section114 - Companies Incorporated in India
Section115 - Subsidies for the Encouragement of Trade or Industry
Section116 - Subsidies for the Encouragement of Trade or Industry
Section117 - Supplemental
Section118 - Power to Secure Reciprocal Treatment by Convention
Section119 - Professional and Technical Qualifications in General
Section120 - Medical Qualifications
Section121 - Officers of Indian Medical Service, etc.
PartVI - ADMINISTRATIVE RELATIONS BETWEEN FEDERATION, PROVINCES AND STATES
Section122 - Obligation of Units and Federation
Section123 - Governor-General may require Governors to Discharge Certain Functions as His Agents
Section124 - Power of Federation to Confer Powers, etc., on Provinces and States in Certain Cases
Section125 - Administration of Federal Acts in Indian States
Section126 - Control of Federation over Province in Certain Cases
Section126A - Where a proclamation of Emergency is in operation wherebythe Governor-General has declared that the security of India is threatenedby war
Section127 - Acquisition of land for Federal Purposes
Section128 - Duty of Ruler of a State as Respects Federal subjects
Section129 - Broadcasting
Section130 - Complaints as to Interference with Water-Supplies
Section131 - Decision of Complaints
Section132 - Interference with Water-Supplies of Chief Commissioner's Province
Section133 - Jurisdiction of Courts Excluded
Section134 - Ruler of State may Exclude Application Of Provisions as to Water-Supply
Section135 - Provisions with Respect to an Inter-Provincial Council
PartVII - FINANCE, PROPERTY, CONTRACTS AND SUITS
Chapter I
Section136 - Meaning of "Revenues of Federation" and "Revenues of Province"
Section137 - Certain Succession Duties, Stamp Duties, Terminal Taxes and Taxes on Fares and Freights
Section138 - Taxes on Income
Section139 - Corporation Tax
Section140 - Salt duties, Excise Duties and Export Duties
Section141 - Prior sanction of Governor-General Required to Bills Affecting Taxation in Which Provinces are Interested
Section142 - Grants from Federation to Certain Provinces
Section142A - Taxes on Professions, Trades, Callings and Employments
Section143 - Savings
Section144 - Calculation of "Net proceeds," etc.
Section145 - Expenses of the Crown in Connection With Indian States
Section146 - Payments From or by Indian States
Section147 - Remission of States' Contributions
Section148 - Certain Payments to Federated States, etc., to Be Charged on Federal Revenues
Section149 - Value of Privileges and Immunities to be Set Off Against Share of Taxes, etc., Assigned to Federated States
Section150 - Expenditure Defrayable out of Indian Revenues
Section151 - Provisions as to the Custody of Public Moneys
Section152 - Exercise by Governor-General of Certain Powers with Respect to Reserve Bank
Section153 - Previous Sanction of Governor-General to Legislation with Respect to Reserve Bank, Currency and Coinage
Section154 - Exemption of Certain Public Property from Taxation
Section154A - Exemption from Taxes on Electricity
Section155 - Exemption of Provincial Governments and Rulers of Federated States in respect of Federal taxation
Section156 - Adjustment in Respect of Certain Expenses and Pensions
Section157 - Duty of Federation and Provinces to Suply Secretary of State with Funds
Section158 - Provisions as to Relation of Burma Monetary System With India
Section159 - Relief in Respect of Tax on Income Taxable Both in India and Burma
Section160 - Provisions as to Customs Duties on India Burma trade
Chapter II
Section161 - Cessation of Borrowing by Secretary of State in Council
Section162 - Borrowing by Federal Government
Section163 - Borrowing by Provincial Governments
Section164 - Loans by Federal Government to Federated States
Section165 - Application of Colonial Stock Acts to Stocks issued by Federation
Section166 - Auditor-General of India
Section167 - Provincial Auditor-General
Section168 - Power of Auditor-General of India to Give Directions as to Accounts
Section169 - Audit Reports
Section170 - Auditor of Indian Home Accounts
Section171 - Audit of Accounts Relating to the Discharge of the Functions of the Crown In Relation to Indian States
Chapter III
Section172 - Vesting of Lands and Buildings
Section173 - Provisions as to otheR property
Section174 - Property Accruing by Escheat or Lapse, or As Bona Vacantia
Section175 - Power to Acquire Property and to Make Contracts, etc.
Section176 - Suits and Proceedings
Section177 - Existing Contracts of Secretary of State in Council
Section178 - Special Provisions as to Existing Loans, Guarantees and Other Financial Obligations
Section179 - Legal Proceedings as to Certain Matters
Section180 - Contracts in Connection With Functions of Crown in its Relations With Indian States
Part VIII
Section181 - Executive Authority in Respect of Railways to Be Exercised By Federal Railway Authority
Section182 - Composition, etc., of Railway Authority
Section183 - Directions and Principles to be Observed by Railway Authority
Section184 - Conduct of Bbusiness Between Railway Authority and Federal Government
Section185 - Acquisition and Sale of Land, Contracts and Working Agreements
Section186 - Finance of the Railway Authority
Section187 - Provisions as to Certain Obligations of the Railway Authority
Section188 - Investment of Funds of Railway Authority
Section189 - Special Provisions as to Certain Existing Funds
Section190 - Audit and Annual Reports
Section191 - Railway Rates Committee
Section192 - Bills and Amendments for Regulating Rates and Fares to Require Recommendation of Governor-General
Section193 - Obligation of Railway Authority and Federated States to Afford Mutual Traffic Facilities and to Avoid Unfair Discrimination, etc.
Section194 - Appeal by State to Railway Tribunal from Certain Directions of Railway Authority
Section195 - Construction and Re-construction of Railways
Section196 - Railway Tribunal
Section197 - Rights of Railway Companies in Respect of Arbitration Under Contracts
Section198 - Railways in Indian States which have not Federated
Section199 - Official Directors of Indian Railway Companies
PartIX - The Judicature. Chapter I
Section200 - Establishment and Constitution of Federal Court
Section201 - Salaries, etc., of Judges
Section202 - Temporary Appointment of Acting Chief Justice
Section203 - Seat of Federal Court
Section204 - Original jurisdiction of Federal Court
Section205 - Appellate jurisdiction of Federal Court in appeals from high Courts in British India
Section206 - Power of Federal Legislature to enlarge appellate jurisdiction
Section207 - Appellate jurisdiction of Federal Court in appeals from High Courts in Federated States
Section208 - Appeals to His Majesty in Council
Section209 - Form of judgment on appeal
Section210 - Enforcement of decrees and orders of Federal Court and orders as to discovery, etc.
Section211 - Letters of request to Federated States
Section212 - Law declared by Federal Court and Privy Council to be binding on courts
Section213 - Power of Governor-General to consult Federal Courts
Section214 - Rules of court, etc.
Section215 - Ancillary powers of Federal Court
Section216 - Expenses of Federal Court
Section217 - Construction of references to High Courts in States
Section218 - Savings
ChapterII - THE HIGH COURTS IN BRITISH INDIA
Section219 - Meaning of "High Court"
Section220 - Constitution of High Courts
Section221 - Salaries, etc., of Judges
Section222 - Temporary and additional judges
Section223 - Jurisdiction of existing High Courts
Section224 - Administrative junctions of High Courts
Section225 - Transfer of certain cases to High Court for trial
Section226 - Jurisdiction in revenue matters
Section227 - Proceedings of High Courts to be in English
Section228 - Expenses of High Courts
Section229 - Power of his Majesty to constitute or reconstitute High Court by letters patent
Section230 - Extra provincial jurisdiction of High Courts
Section231 - Saving and definitions
PartX - THE SERVICES OF THE CROWN IN INDIA
Chapter I
Section232 - Pay, etc., of Commander in-Chief
Section233 - Control of his Majesty as to Defence appointments
Section234 - Eligibility for commissions in Indian forces
Section235 - Control of Secretary of State with respect to conditions of service
Section236 - Saving of rights of appeal
Section237 - Pay, etc., of members of forces to be charged on Federal revenues
Section238 - Provisions as to certain civilian personnel
Section239 - King's India cadetships
Chapter II
Section240 - Tenure of office of persons employed in civil capacities in India
Section241 - Recruitment and conditions of service
Section242 - Application of preceding section to railway, customs, postal and telegraph services and officials of courts
Section243 - Special provisions as to police
Section244 - Services recruited by Secretary of State
Section245 - Special provision as to irrigation
Section246 - Reserved posts
Section247 - Conditions of service, pensions, etc., of persons recruited by Secretary of State
Section248 - Rights in respect of complaints, appeals, etc.
Section249 - Compensation
Section250 - Application of four last preceding sections to persons appointed by Secretary of State in Council, and certain other persons
Section251 - Staff of High Commissioner and Auditor of Indian Home Accounts
Section252 - Conditions of service of existing staff of High Commissioner and Auditor of India Home Accounts
Section253 - Judges of the Federal Court and High Courts
Section254 - District judges, etc.
Section255 - Subordinate civil judicial service
Section256 - Subordinate criminal magistracy
Section257 - Officers of political department
Section258 - Provision for protection of existing officers of certain Services
Section259 - Provisions as to certain persons serving in or before 1924
Section260 - General provisions as to persons retiring before commencement of Part III
Section261 - Secretary of State to act with concurrence of his advisers
Section262 - Eligibility for office of persons who are not British subjects
Section263 - Joint services and posts
Chapter III
Section264 - Public Service Commissions
Section265 - Composition and staff of Commissions
Section266 - Functions of Public Service Commissions
Section267 - Power to extend functions of Public Service Commission
Section268 - Expenses of Public Service Commissions
Chapter IV
Section269 - Provisions as to Chaplains
Chapter V
Section270 - Indemnity for past acts
Section271 - Protection of Public servants against prosecution and suits
Section272 - Provisions as to payment of certain pensions from taxation in India
Section273 - Provisions as to family Pension funds
Section274 - Saving for certain Funds Acts
Section275 - Persons not to be disqualified by sex for holding certain offices
Section276 - Transitional Provisions
Section277 - Interpretation, &C.;
PartXI - THE SECRETARY OF STATE, HIS ADVISERS AND HIS DEPARTMENT
Section278 - Advisers to Secretary to State
Section279 - Existing accounts of Secretary of State in Council with Bank of England
Section280 - Organisation and expenses of India Office
Section281 - Transfer for existing personnel
Section282 - Contributions from revenues of Federation
Section283 - Liability for Pensions in respect of service before commencement of Part III
Section284 - Provisions as to certain Indian Office Provident funds
Section284A - Confirmation of appointments to India office staff and staff of Auditor of Indian Home Accounts
PartXII - MISCELLANEOUS AND GENERAL
Section285 - Saving for rights and obligations of the Crown in its relations with Indian States
Section286 - Use of His Majestys forces in connection with discharge of the functions of the Crown in its relations with Indian States
Section287 - Arrangement for Governors and Provincial staff o assist in discharging functions of Political Department
Section288 - Aden
Section289 - New Provinces and alterations of boundaries of Provinces
Section290 - Creation of new Provinces and alterations of boundaries of Provinces
Section291 - Power of His Majesty to make provision with respect to franchises and elections
Section292 - Existing law of India to continue in force
Section293 - Adaptation of existing Indian laws, etc.
Section294 - Foreign Jurisdiction
Section295 - Provisions as to death sentences
Section296 - Courts of Appeal in revenue matters
Section297 - Prohibition of certain restrictions on internal trade
Section298 - Persons not to be subjected to disability by reason of race, religion etc.
Section299 - Compulsory acquistion of land
Section300 - Protection for certain rights, privileges, and pensions
Section301 - Repeal of S. 18 of 21 Geo. 3. c. 70, and S. 12 of 37. Geo. 3. c. 142
Section302 - High Commissioner for India
Section303 - Provisions as to Sheriff of Calcutta
Section304 - Persons acting as Governor-General or Governor
Section305 - Seceretarial staff of Governor-General and Governor
Section305A - Provisions as to be pensions of home civil servants appointed to offices in India
Section306 - Protection of Governor-General, Governor or Secretary of State
Section307 - Removal of certain disqualifications on the occasion of the first elections to Legislature
Section308 - Procedure as respects proposals for amendment of certain provisions of Act and Orders in Council
Section309 - Orders in Council
Section310 - Power of His Majesty in Council to remove difficulties
Section311 - Interpretation, etc.
PartXIII - TRANSITIONAL PROVISIONS
Section312 - Operation of Part XIII
Section313 - Executive Government
Section314 - Control of the Secretary of State
Section315 - Sterling loans
Section316 - Legislature
Section317 - Continuance of certain provisions of Government of India Act
Section318 - Provisions as to Federal Court and certain other Federal authorities
Section319 - Rights and liabilities of Governor-General in Council and Governor-General to continue after establishment of Federation
Part XIV
Section320 - Commencement
Section321 - Repeals
ScheduleI - FIRST SCHEDULE
ScheduleII - SECOND SCHEDULE
ScheduleIII - THIRD SCHEDULE
ScheduleIV - FOURTH SCHEDULE
ScheduleV - FIFTH SCHEDULE
ScheduleVI - SIXTH SCHEDULE
ScheduleVII - SEVENTH SCHEDULE
ScheduleVIII - EIGHTH SCHEDULE
ScheduleIX - NINTH SCHEDULE
ScheduleX - TENTH SCHEDULE


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