Government of India Act-1935 

Government of India Act 1935 [pdf] 

Government of India Act 1935 (repealed 19.11.1998)

Parliament of the United Kingdom

[2nd August 1935.]

An Act to make further provision for the government of India.

BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same.

All rights, authority and jurisdiction heretofore belonging to His Majesty the King, Emperor of India, which appertain or are incidental to the government of the territories in India for the time being vested in him, and all rights, authority and jurisdiction exercisable by him in or in relation to any other territories in India, are exercisable by His Majesty, except in so far as may be otherwise provided by or under this Act, or as may be otherwise directed by His Majesty :

ARRANGEMENT OF SECTIONS

Part I

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

Part III – 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

Part V – LEGISLATIVE 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

Part VII – 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 business 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

Part IX – 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

Chapter II – 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,

Part XI – 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

Part XII – 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.

Part XIII – 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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Government of India Act 1935 [pdf] 

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