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Government of India Act 1935 (repealed 19.11.1998)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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