Preamble
| [Repealed by State Law (Repeals) Act, 1998, Section 1(1), Sch. 1, Pt. X Group 5, w.e.f. 19-11-1998] | [2nd August, 1935] |
| (26 Geo. V., & 1 Edw. VIII, C. 2)1 | [2nd August, 1935] |
| [Repealed by State Law (Repeals) Act, 1998, Section 1(1), Sch. 1, Pt. X Group 5, w.e.f. 19-11-1998] | [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, as follows:-
Section 2. Government of India by the Crown
2. Government of India by the Crown.-1[***]
Section 3. The Governor-General of India and His Majesty's Representative as regards relations with Indian States
3. The Governor-General of India and His Majesty's Representative as regards relations with Indian States.- (1) The Governor-General of India is appointed by His Majesty by a Commission under the Royal Sign Manual 1[***].
Section 4. The Commander-in-Chief in India
4. The Commander-in-Chief in India.-1[***]
Section 5. Establishment of the Dominion
Chapter 1 - Establishment of Federation and Accession of Indian States
Part II
THE FEDERAL EXECUTIVE
Chapter I
ESTABLISHMENT OF FEDERATION AND ACCESSION OF INDIAN STATES
1[5. Establishment of the Dominion].- (1) The Dominion of India established by the Indian Independence Act, 1947, shall as from the fifteenth day of August, 1947, be a Union comprising-
(a) the Provinces hereinafter called Governors' Provinces,
(b) the Provinces hereinafter called Chief Commissioners' Provinces,
(c) the Indian States acceding to the Dominion in the manner hereinafter provided, and
(d) any other areas that may with the consent of the Dominion be included in the Dominion.
(2) The said Dominion of India is hereafter in this Act referred to as "the Dominion" and the said fifteenth day of August is hereafter in this Act referred to as "the date of the establishment of the Dominion".]
Section 6. Accession of Indian States
1[6. Accession of Indian States].- (1) An Indian States shall be deemed to have acceded to the Dominion if the Governor-General has signified his acceptance of an Instrument of Accession executed by the Ruler thereof whereby the Ruler on behalf of the State:-
(a) declares that he accedes to the Dominion with the intent that the Governor-General, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of his Instrument of Accession, but subject always to the terms thereof, and for the purposes only of the Dominion exercise in relation to the State such functions as may be vested in them by order under this Act; and
(b) assumes the obligation of ensuring that due effect is given within the State to the provisions of this Act so far as they are applicable therein by virtue of the Instrument of Accession.
(2) An Instrument of Accession shall specify the matters which the Ruler accepts as matters with respect to which the Dominion Legislature may make laws for the State, and the limitations, if any, to which the power of the Dominion Legislature to make laws for the State, and the exercise of the executive authority of the Dominion in the State, are respectively to be subject.
(3) A Ruler may, by a supplementary Instrument executed by him and accepted by the Governor-General, vary the Instrument of Accession of his State by extending the functions which by virtue of that Instrument are exercisable by any Dominion authority in relation to his State.
(4) References in this Act to the Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by reason of the Ruler's minority or for any other reason.
(5) In this Act a State which has acceded to the Dominion is referred to as an Acceding State and the Instrument by virtue of which a State has so acceded, construed together with any supplementary Instrument executed under this section, is referred to as the Instrument of Accession of that State.
(6) As soon as may be after any Instrument of Accession or supplementary Instrument has been accepted by the Governor-General under this section, copies of the Instrument and of the Governor-General's acceptance thereof shall be laid before the Dominion Legislature and all courts shall take judicial notice of every such Instrument and acceptance.]
Section 7. Functions of Governor-General
Chapter 2 - The Federal Executive
Chapter II
THE FEDERAL EXECUTIVE
The Governor-General
7. Functions of Governor-General.- (1) Subject to the provisions of this Act, the executive authority of the 1[Dominion] shall be exercised on behalf of His Majesty by the Governor-General either directly or through officers subordinate to him, but nothing in this section shall prevent the 2[Dominion] Legislature from conferring function, upon subordinate authorities, or be deemed to transfer to the Governor-General any functions conferred by any existing Indian law on any court, Judge or officer, or on any local or other authority.
(2) References in this Act to the functions of the Governor-General shall be construed as references to his powers and duties in the exercise of the executive authority of the Federation and to any other powers and duties conferred or imposed on him as Governor-General by or under this Act, 3[***].
(3) The provisions of the Third Schedule to this Act shall have effect with respect to the salary and allowances of the Governor-General and the provision to be made for enabling him to discharge conveniently and with dignity the duties of his office.
Section 8. Extent of executive authority of the Federation
8. Extent of executive authority of the Federation.- (1) Subject to the provisions of this Act, the executive authority of the 1[Dominion] extends-
(a) to the matters with respect to which the 2[Dominion] Legislature has power to make laws;
(b) to the raising in British India on behalf of His Majesty of naval, military and air forces and to the governance of His Majesty's forces borne on the Indian establishment;
(c) to the exercise of such rights, authority and jurisdiction as are exercisable by His Majesty by treaty, grant usage, sufferance, or otherwise in and in relation to the tribal areas:
Provided that-
(i) the said authority does not, save as expressly provided in this Act, extend in any Province to matters with respect to which the Provincial Legislature has power to make laws;
(ii) the said authority does not, save as expressly provided in this Act, extend in any 3[acceding] State save to matters with respect to which the 4[Dominion] Legislature has power to make laws for that State, and the exercise thereof in each State shall be subject to such limitations, if any, as may be specified in the Instrument of Accession of the State;
(iii) the said authority does not extend to the enlistment or enrolment in any forces raised in India of any person unless he is either a subject of His Majesty or a native of India or of territories adjacent to India; and
(iv) commissions in any such force shall be granted by His Majesty save in so far as he may be pleased to delegate that power by virtue of the provisions of Part I of this Act or otherwise.
(2) This executive authority of the Ruler of 5[Dominion] State shall notwithstanding anything in this section, continue to be exercisable in that State with respect to matters which the 6[Dominion] legislature has power to make laws for that State except in so far as the executive authority of the 7[Dominion] becomes exercisable in the State to the exclusion of the executive authority of the Ruler by virtue of a 8[Dominion] law.
Section 9. Council of ministers
Administration of Federal Affairs
9. Council of ministers.- (1) There shall be a council of ministers, not exceeding ten in number, to aid and advise the Governor-General in the exercise of his functions, 1[***].
Section 10. Other provisions as to ministers
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[***] 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 Legislature so determine, shall be determined, by the Governor-General:
Provided that the salary of a minister shall not be varied during his term of office.
(4) The question whether any and, if so, what advice was tendered by ministers to the Governor-General shall not be inquired into in any Court.2[***]
Section 11. Provisions as to defence, ecclesiastical affairs, external affairs and the tribal areas
11. Provisions as to defence, ecclesiastical affairs, external affairs and the tribal areas.-1[***]
Section 12. Special responsibilities of Governor-General
12. Special responsibilities of Governor-General.-1[***]
Section 13. Provisions as to Instrument of Instructions
13. Provisions as to Instrument of Instructions.-1[***]
Section 14. Superintendence of Secretary of State
14. Superintendence of Secretary of State.-1[***]
Section 15. Financial adviser to Governor-General
15. Financial adviser to Governor-General.-1[***]
Section 16. Advocate-General for Federation
116. Advocate-General for Federation.- (1) The Governor-General shall appoint a person, being a person qualified to be appointed a Judge of the Federal Court, to be Advocate-General for the 2[Dominion].
(2) It shall be the duty of the Advocate-General to give advice to the 3[Dominion] Government upon such legal matters, and to perform such other duties of a legal character, as may be referred to assigned to him by the Governor-General, and in the performance of his duties he shall have right of audience in all courts in British India and, in a case in which 4[Dominion] interests are concerned, in all courts in any 5[Acceding] State.
(3) The Advocate-General shall hold office during the pleasure of the Governor-General, and shall receive such remuneration as the Governor-General may determine.
(4) In exercising his powers with respect to the appointment and dismissal of the Advocate-General and with respect to the determination of his remuneration, the Governor-General shall exercise his individual judgment.
Section 17. Conduct of business of Federal Government
17. Conduct of business of Federal Government.- (1) All executive action of the 1[Dominion] Government shall be expressed to be taken in the name of the Governor-General.
(2) Orders and other instruments made and executed in the name of the Government-General shall be authenticated in such manner as may be specified in rules to be made by the Governor-General, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor-General.
(3) The Governor-General shall make rules for the more convenient transaction of the business of the 2[Dominion] Government, and for the allocation among ministers of the said business 3[***].
(4) 4[***]
(5) 5[***]
Section 18
Chapter 3 - The Federal Legislative
Chapter III
THE FEDERAL LEGISLATIVE
General
1[18.] The powers of the Dominion Legislature under this Act shall, until other provision is made by or in accordance with a law made by the Constituent Assembly under sub-section (1) of Section 8 of the Indian Independence Act, 1947, be exercisable by that Assembly, and accordingly references in this Act to the Dominion Legislature shall be construed as references to the Constituent Assembly.]
Section 19. Sessions of the Legislature, prorogation and dissolution
19. Sessions of the Legislature, prorogation and dissolution.- (1) The 1[Dominion] Legislature shall be summoned to meet once at least in every year, and twelve months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.
(2) Subject to the provisions of this section, the Governor-General may in his discretion from time to time-
(a) summon the 2[Dominion Legislature] to meet at such time and place as he thinks fit;
(b) prorogue the Chambers;
(c) 3[***]
(3) 4[***]
Section 20. Right of Governor-General to address, and send messages to Chambers
20. Right of Governor-General to address, and send messages to Chambers.- (1) The Governor-General may in his discretion address 1[***] the 2[Dominion] Legislature 3[***], and for that purpose require the attendance of members.
(2) The Governor-General may 4[***] send messages to 5[***] the 6[Dominion] Legislature, whether with respect to a Bill then pending in the Legislature or otherwise, and 7[the Legislature] shall with all convenient dispatch consider any matter which they are required by the message to take into consideration.
Section 21. Rights of ministers, counselors and Advocate-General as respects Chambers
21. Rights of ministers, counselors and Advocate-General as respects Chambers.- Every minister 1[***] and the Advocate-General shall have the right to speak in, and otherwise to take part in the proceedings of, 2[the Dominion Legislature or any committee thereof] of which he may be named a member, but shall not by virtue of this section be entitled to vote.
Section 22. Officers of Chambers
22. Officers of Chambers.-1[***]
(2) 2[***]
(3) 3[***]
(4) There shall be paid to the President 4[of the Dominion Legislature] such 5[salary] as may be 6[***] fixed by Act of the Federal Legislature, and, until provision in that behalf is so made such salaries as the Governor-General may determine.
(5) 7[***]
Section 23. Voting in Chambers, power of Chambers to act notwithstanding vacancies, and quorum
23. Voting in Chambers, power of Chambers to act notwithstanding vacancies, and quorum.- (1) Save as provided in the last preceding section, all question, all questions at any sitting 1[of the Dominion Legislature] shall be determined by a majority of votes of the members present and voting, other than the President 2[***] or person acting as such.
The President 3[***] or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
(2) 4[***] The 5[Dominion] Legislature shall have power to act notwithstanding any vacancy in the membership thereof and any proceedings in the Legislature shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.
(3) If at any time during a meeting of 6[the Legislature] less than one-sixth of the total number of members of 7[the Legislature] are present, it shall be the duty of the President 8[***] or person acting as such either to adjourn the Chamber, or to suspend the meeting until at least one-sixth of the members are present.
Section 24. Oath of members
24. Oath of members.-1[***]
Section 25. Vacation of seats
25. Vacation of seats.-1[***]
Section 26. Disqualifications for membership
Chapter 2 - Civil Services - General Provisions
26. Disqualifications for membership.-1[***]
Section 27. Penalty for sitting and voting when not qualified, or when disqualified
27. Penalty for sitting and voting when not qualified, or when disqualified.-1[***]
Section 28. Privileges & c. of members
28. Privileges & c. of members.- (1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the 1[Dominion] Legislature, there shall be freedom of speech in the Legislature, and no member of the Legislature shall be liable to any proceedings in any Court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of 2[***] the Legislature of any report, paper, votes or proceedings.
(2) In other respects, the privileges of members of the 3[***] shall be such as may from time to time be defined by Act of the Federal Legislature and, until so defined, shall be such were immediately before the establishment of the Federation enjoyed by members of the Indian Legislature.
(3) 4[***]
(4) 5[***]
(5) The provisions of sub-sections (1) and (2) of this section shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise take part in the proceedings of, 6[the Legislature] as they apply in relation to members of the Legislature.
Section 29. Salaries and allowances of members
29. Salaries and allowances of members.- Members of 1[Dominion Legislature] shall be entitled to receive such salaries and allowances as may from time to time be determined by Act of the 2[Dominion Legislature] and, until provision in that respect is so made allowances at such rates and upon such conditions as were immediately before the date of the establishment of the 3[Dominion] applicable in the case of members of the legislative Assembly of the Indian Legislature.
Section 30. Provisions as to introduction and passing of Bills
Legislative Procedure
30. Provisions as to introduction and passing of Bills.-1[(1) A Bill pending in the dominion Legislature shall not lapse by reason of the prorogation of the Legislature.
(2) A Bill which, immediately before the establishment of the Dominion, was pending in the Legislative Assembly of the Indian Legislature may, subject to any provision to the contrary which may be included in rules made by the Dominion Legislature under section 38 of this Act, be continued in the Dominion Legislature as if the proceedings taken with reference to the Bill in the said Legislative Assembly had been taken in the Dominion Legislature.]
Section 31. Joint sitting of both Chambers in certain cases
31. Joint sitting of both Chambers in certain cases.-1[***]
Section 32. Assent to Bills and power of Crown to disallow Acts
32. Assent to Bills and power of Crown to disallow Acts.- (1) When a Bill has been passed by the 1[Dominion Legislature], it shall be presented to the Governor-General, and the Governor-General shall in his discretion declare either that he assents in His Majesty's name to the Bill, or that he withholds assent therefrom 2[***].
Provided that the Governor-General may in his discretion return the Bill to the Chambers with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and the Chambers shall reconsider the Bill accordingly.
(2) 3[***]
(3) 4[***]
Section 33. Annual financial statement
Procedure in Financial matters
33. Annual financial statement.- (1) The Governor-General shall in respect of every financial year cause to be laid before 1[the Legislature] of the Federal Legislature a statement of the estimated receipts and expenditure of the Federation for that year, in this Part of this Act referred to as the "annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement shall show separately-
(a) the sums required to meet expenditure described by this Act as expenditure charged upon the revenues of the Federation; and
(b) the sums required to meet expenditure proposed to be made from the revenues of the Federation,
and shall distinguish expenditure on revenue account from other expenditure 2[***].
(3) The following expenditure shall be expenditure charged on the revenues of the Federation:-
(a) the salary and allowances of the Governor-General and other expenditure relating to his office for which provision is 3[made by or under the Third Schedule to the Act];
(b) debt charges for which the Federation is liable, including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(c) 4the salaries and allowances of ministers, 5[***], of the advocate-general, of chief commissioners, 6[***];
(d) the salaries, allowances and pensions payable to or in respect of Judges of the Federal Court, and the pensions payable to or in respect of Judges of any High Court;
(e) 7[***]
(f) 8[***]
(g) 9[***]
(h) any sums required to satisfy any judgment, decree or award of any Court or arbitral tribunal;
(i) any other expenditure declared by this Act or any Act of the Federal Legislature to be so charged.
(4) 10[***]
Section 34. Procedure in Legislature with respect to estimates
34. Procedure in Legislature with respect to estimates.- (1) So much of the estimate of expenditure as relates to expenditure charged upon the revenues of the Federation shall not be submitted to the vote of the Legislature, but nothing in this sub-section shall be construed as preventing the discussion in 1[***] the Legislature of any of those estimates other than estimates relating to expenditure referred to in paragraph (a) 2[***] of sub-section (3) of the preceding section.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the 3[Dominion Legislature] shall have power to assent or to refuse to assent to any demand, or assent to any demand subject to a reduction of the amount specified therein:
4[***]
(3) 5[***]
(4) No demand for a grant shall be made except on the recommendation of the Governor-General.
Section 35. Authentication of schedule of authorized expenditure
35. Authentication of schedule of authorized expenditure.- (1) The Governor-General shall authenticate by his signature a schedule specifying-
(a) the grants made by the 1[Legislature] under the last preceding section;
(b) the several sums required to meet the expenditure charged on the revenues of the Federation but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Legislature:
2[***]
(2) The schedule so authenticated shall be laid before 3[Legislature] but shall not be open to discussion or vote therein.
(3) Subject to the provisions of the next succeeding section, no expenditure from the revenues of the 4[Dominion] shall be deemed to be duly authorized unless it is specified in the schedule so authenticated:
5[Provided that expenditure from the said revenues during the period beginning with the 15th day of August 1947 and ending with the 31st day of March 1948 may be authorised or ratified by general or special order of the Governor-General.]
Section 36. Supplementary statements of expenditure
36. Supplementary statements of expenditure.- If in respect of any financial year further expenditure from the revenues of the Federation becomes necessary over and above the expenditure herefore authorized for that year, the Governor-General shall cause to be laid before 1[***] the 2[Dominion] Legislature a supplementary statement showing the estimated amount of that expenditure, and the provisions of the preceding sections shall have effect in relation to that statement and that expenditure as they have effect in relation to that statement expenditure mentioned therein.
Section 37. Special provisions as to financial Bills
37. Special provisions as to financial Bills.- (1) A Bill or amendment making provision-
(a) for imposing or increasing any tax; or
(b) for regulating the borrowing of money or the giving of any guarantee by the Federal 1[Dominion], or for amending the law with respect to any financial obligations undertaken or to be undertaken by the Federal 2[Dominion]; or
(c) for declaring any expenditure to be expenditure charged on the revenues of the 3[Dominion], or for increasing the amount of any such expenditure, shall not be introduced or moved except on the recommendation of the Governor-General 4[***].
(2) A Bill or amendment shall not be deemed to make provision for any of the purposes aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the revenues of the 5[Dominion] shall not be passed by 6[the Dominion Legislature] unless the Governor-General has recommended to 7[the Legislature].
Section 38. Rules of procedure
Procedure generally
38. Rules of procedure.- (1) 1[***] the 2[Dominion] Legislature may make rules for regulating, subject to the provisions of this Act, their procedure and the conduct of their business:
3[***]
(2) 4[***]
(3) Until rules are made under this section, the rules of procedure and standing orders in force immediately before the establishment of the Federation with respect to 5[the Legislative Assembly of] the Indian Legislature shall have effect in relation to the Federal Legislature subject to such modifications and adaptations as may be made therein by the 6[Dominion].
(4) 7[***]
Section 39. English to be used in the Federal Legislature
39. English to be used in the Federal Legislature.-1[***]
Section 40. Restrictions on discussion in the Legislature
40. Restrictions on discussion in the Legislature.- (1) No discussion shall take place in the Federal Legislature with respect to the conduct of any Judge of the Federal Court or a High Court in the discharge of his duties.
In this sub-section the reference to a High Court shall be construed as including a reference to any court in a Federated State which is a High Court for any of the purposes of Part IX of this Act.
(2) 1[***]
Section 41. Courts not to inquire into proceedings of the Legislature
41. Courts not to inquire into proceedings of the Legislature.- (1) The validity of any proceedings in the Federal Legislature shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or other member of the Legislature in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any Court in respect of the exercise by him of those powers.
Section 42. Power of Governor-General to promulgate ordinances during recess of Legislature
Chapter 4 - Legislative Powers of Governor-General
Chapter IV
LEGISLATIVE POWERS OF GOVERNOR-GENERAL
1[42. Power of Governor-General to promulgate ordinances during recess of Legislature.- The Governor-General may, in cases of emergency, make and promulgate Ordinances for the peace and good government of the Dominion or any part there of, and any Ordinance so made shall, for the space of not more than six months from its promulgation have the like force of law as an Act passed by the Dominion Legislature; but the power of making Ordinances under this section is subject to the like restrictions as the power of the Dominion Legislature under this Act to make laws; and any Ordinance made under this section may be controlled or superseded by any such Act.]
Section 43. Power of Governor-General to promulgate ordinances at any time with respect to certain subjects
43. Power of Governor-General to promulgate ordinances at any time with respect to certain subjects.-1[***]
Section 44. Power of Governor-General in certain circumstances to enact Acts
44. Power of Governor-General in certain circumstances to enact Acts.-1[***]
Section 45. Power of Governor-General to issue Proclamations
Chapter 5 - Provisions in Case of Failure of Constitutional Machinery
Chapter V
PROVISIONS IN CASE OF FAILURE OF CONSTITUTIONAL MACHINERY
45. Power of Governor-General to issue Proclamations.-1[***]
Section 46. Governors' Provinces
Chapter 1 - The Provinces
Part III1
THE GOVERNORS' PROVINCES
Chapter I
THE PROVINCES
46. Governors' Provinces.- (1) Subject to the provisions of the next succeeding section with respect to Berar, the following shall be Governors' Provinces, that is to say, Madras, Bombay, 2[West Bengal, the United Provinces, East Punjab, Bihar, the Central Provinces and Berar Assam and Orissa], and such other Governors' Provinces as may be created under this Act.
(2) 3[***]
(3) In this Act the expression "Province" means, unless the contest otherwise requires, a Governor's Province, and "Provincial" shall be constructed accordingly.
Section 47. Provisions as to Berar
47. Provisions as to Berar.-1[Berar shall continue to be governed together with the Central Provinces as one Governor's Province under this Act by the name of the Central Provinces and Berar and in the same manner as immediately before the establishment of the Dominion; and any references in this Act to the Dominion of India shall be construed as including a reference to Berar.]
Section 48. Appointment of Governor
Chapter 2 - The Provincial Executive
Chapter II
THE PROVINCIAL EXECUTIVE
The Governor
48. Appointment of Governor.-1[(1) The Governor of a Province holding office as from the date of the establishment of the Dominion is appointed by His Majesty by a Commission under the Royal Sign Manual; but any person appointed thereafter to be the Governor of a Province shall be appointed by the Governor-General.]
(2) The provisions of the Third Schedule to this Act shall have effect with respect to the salary and allowances of the Governor and the provision to be made for enabling him to discharge conveniently and with dignity the duties of his office.
Section 49. Executive authority of Province
49. Executive authority of Province.- (1) The executive authority of a Province shall be exercised on behalf of His Majesty by the Governor, either directly or through officers subordinate to him, but nothing in this section shall prevent the Federal or the Provincial Legislature from conferring functions upon subordinate authorities, or be deemed to transfer to the Governor any functions conferred by any existing Indian law on any court, Judge or officer or any local or other authority.
(2) Subject to the provisions of this Act, the executive authority of each Province extends to the matters with respect to which the Legislature of the Province has power to make laws.
Section 50. Council of Ministers
Administration of Provincial Affairs
50. Council of Ministers.- (1) There shall be a council of ministers to aid and advice the Governor in the exercise of his functions 1[***].
Section 51. Other provisions as to ministers
51. Other provisions as to ministers.- (1) The Governor'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 the Provincial Legislature shall at the expiration of that period cease to be a minister.
(3) The salaries of ministers shall be such as the Provincial Legislature may from time to time by Act determine, and, until the Provincial Legislature so determine, shall be determined by the Governor:
Provided that the salary of a minister shall not be varied during his term of office.
(4) The question whether any, and, if so what, advice was tendered by ministers to the Governor shall not be inquired into in any Court.
(5) The functions of the Governor under this section with respect to the choosing and summoning and the dismissal of ministers, and with respect to the determination of their salaries, shall be exercised by him in his discretion.
Section 52. Special responsibilities of Governor
52. Special responsibilities of Governor.-1[***]
Section 53. Provisions as to Instrument of Instructions
53. Provisions as to Instrument of Instructions.-1[***]
Section 54. Superintendence of Governor-General
54. Superintendence of Governor-General.-1[***]
Section 55. Advocate-General for Province
55. Advocate-General for Province.- (1) The Governor of each Province shall appoint a person, being a person qualified to be appointed a Judge of a High Court, to be Advocate-General for the Province.
(2) It shall be the duty of the Advocate-General to give advice to the Provincial Government upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor.
(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
(4) 1[***]
Section 56. Provisions as to police rules
56. Provisions as to police rules.-1[***]
Section 57. Provisions as to crimes of violence intended to overthrow Government
57. Provisions as to crimes of violence intended to overthrow Government.-1[***]
Section 58. Sources of certain information not to be disclosed
58. Sources of certain information not to be disclosed.-1[***]
Section 59. Conduct of business of Provincial Government
59. Conduct of business of Provincial Government.- (1) All executive action of the Government of a Province shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Provincial Government, and for the allocation among ministers of the said business 1[***].
(4) 2[***]
(5) 3[***]
Section 60. Constitution of Provincial Legislature
Chapter 3 - The Provincial Legislature
Chapter III
THE PROVINCIAL LEGISLATURE
General
60. Constitution of Provincial Legislature.- (1) There shall for every Province be a Provincial Legislature which shall consist of His Majesty, represented by the Governor, and
(a) in the Provinces of Madras, Bombay, 1[***] the United Provinces, Bihar 2[***], two Chambers;
(b) in other Provinces, one Chamber.
(2) Where there are two Chambers of a Provincial Legislature, they shall be known respectively as the Legislative Council and the Legislative Assembly, and where there is only one Chamber, the Chamber shall be known as the Legislative Assembly.
Section 61. Composition of Chambers of Provincial Legislature
61. Composition of Chambers of Provincial Legislature.- (1) The Composition of the Chamber of Chambers of the Legislature of a Province shall be such as is specified in relation to that Province in the Fifth Schedule to this Act.
(2) Every Legislative Assembly of every Province, unless sooner dissolved, shall continue for five years from1 the date appointed for their first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly.
(3) Every Legislative Council shall be a permanent body not subject to dissolution but as near as may be one-third of the members thereof shall retire in every third year in accordance with the provision in that behalf made in relation to the Province under the said Fifth Schedule.
Section 62. Sessions of the Legislature, prorogation and dissolution
62. Sessions of the Legislature, prorogation and dissolution.- (1) The Chamber or Chambers of each Provincial Legislature shall be summoned to meet once at least in every year, and twelve months shall not intervene between their last sitting in one session and the date appointed for their first sitting in the next session.
(2) Subject to the provisions of this section, the Governor may in his discretion from time to time-
(a) summon the Chambers or either Chamber to meet at such time and place as he thinks fit;
(b) prorogue the Chamber or Chambers;
(c) dissolve the Legislative Assembly.
(3) 1[***]
Section 63. Right of Governor to address and send messages to Chambers
63. Right of Governor to address and send messages to Chambers.- (1) The Governor may in his discretion address the Legislative Assembly or, in the case of a Province having a Legislative Council, either Chamber of the Provincial Legislature or both Chambers assembled together, and may for that purpose require the attendance of members.
(2) The Governor may in his discretion send messages to the Chamber or Chambers of the Provincial Legislature, whether with respect to a Bill then pending in the Legislature or otherwise, and a Chamber to whom any message is so sent shall with all convenient dispatch consider any matter which they are required by the message to take into consideration.
Section 64. Rights of ministers and Advocate-General as respects Chambers
64. Rights of ministers and Advocate-General as respects Chambers.- Every minister and the Advocate-General shall have the right to speak in, and otherwise take part in the proceeding of, the Legislative Assembly of the Province or, in the case of a Province having a Legislative Council, both Chambers and any joint sitting of the Chambers, and to speak in, and otherwise take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of the section, be entitled to vote.
Section 65. Officers of Chambers
65. Officers of Chambers.- (1) Every Provincial Legislative Assembly shall as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker becomes, as the case may be.
(2) A member holding office as Speaker or Deputy Speaker of an Assembly shall vacate his office if he ceases to be member of the Assembly, may at any time resign his office by writing under his hand addressed to the Governor, and may be removed from his office by a resolution of the Assembly passed by a majority of all the ten members of the Assembly; but no resolution for the purpose of this sub-section shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution:
Provided that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.
(3) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may in his discretion appoint for the purpose, and during any absence of the Speaker from any sitting of the Assembly the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.
(4) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly such salaries as may be respectively fixed by Act of the Provincial Legislature and, until provision in that behalf is so made, such salaries as the Governor may determine.
(5) In the case of a Province having a Legislative Council, the foregoing provisions of this section [other than the proviso to sub-section (2) thereof] shall apply in relation to the Legislative Council as they apply in relation to the Legislative Assembly, with the substitution of the titles "President" and "Deputy President" for the titles "Speaker" and "Deputy speaker" respectively, and with the substitution of references to the council for references to the Assembly.
Section 66. Voting in Chambers, power of Chambers to act notwithstanding vacancies and quorum
66. Voting in Chambers, power of Chambers to act notwithstanding vacancies and quorum.- (1) Save as in this Act otherwise expressly provided, all questions in a Chamber, or a joint sitting of two Chambers, of a Provincial Legislature shall be determined by a majority of votes of the members present and voting other than the Speaker or President, or person acting as such.
The Speaker or President, or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.
(2) A Chamber of a Provincial Legislature shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in a Provincial Legislature shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.
(3) If at any time during a meeting of a Provincial Legislative Assembly less than one-sixth of the total number of members of the Chamber are present, or if at any time during a meeting of a Provincial Legislative Council less than ten members are present, it shall be the duty of the Speaker or President or person acting as such either to adjourn the Chamber, or to suspend the meeting until at least one-sixth of the members, or, as the case may be, at least ten members, are present.
Section 67. Oath of members
Provisions as to Members of Legislature
67. Oath of members.- Every member of a Provincial Legislative Assembly or Legislative Council shall, before taking his seat, make and subscribe before the Governor, or some person appointed by him, on oath according to that one of the forms set out in the Fourth Schedule to this Act which the member accepts as appropriate in his case.
Section 68. Vacation of seats
68. Vacation of seats.- (1) No person shall be a member of both Chambers of a Provincial Legislature and rules made by the Governor exercising his individual judgment shall provide for the vacation by a person who is chosen a member of both Chambers of his seat in one Chamber or the other.
(2) 1[***]
(3) If a member of a Chamber-
(a) becomes subject to any of the disqualifications mentioned in sub-section (1) of the next succeeding section; or
(b) by writing under his hand addressed to the Governor resigns his seat, his seat shall thereupon become vacant.
(4) If for sixty days a member of a Chamber is without permission of the Chamber absent from all meetings thereof the Chamber may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the Chamber is prorogued, or is adjourned for more than four consecutive days.
Section 69. Disqualifications of membership
69. Disqualifications of membership.- (1) A person shall be disqualified for being chosen as, and for being, a member of a Provincial Legislative Assembly or Legislative Council-
(a) if he holds any office of profit under the Crown in India, other than an office declared by Act of the Provincial Legislature not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if, whether before or after the commencement of this Part of this Act, he has been convicted or has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty, of any offence or corrupt or illegal practice relating to elections which has been declared by order in Council or by an Act of the Provincial Legislature, to be an offence or practice entailing disqualification for membership of the Legislature, unless such period has elapsed as may be specified in that behalf if the provisions of that Order or Act;
(e) if, 1[***], he has been convicted of any other offence 2[before the date of the establishment of the Dominion by court in British India, or on or after that date by a court in a Governor's or Chief Commissioner's Province or an acceding State] and sentenced to transportation or to imprisonment for not less than two years, unless a period of five years, or such less period as the Governor, acting in his discretion, may allow in any particular case, has elapsed since his release;
(f) if, having been nominated as a candidate for the Federal or any Provincial Legislature or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any Order in Council made under this Act or by any Act of the 3[Dominion] or the Provincial Legislature, unless five years have elapsed from the date by which the return ought to have been lodged or the Governor, acting in his discretion, has removed the disqualification:
Provided that a disqualification under paragraph (f) of this sub-section shall not take effect until the expiration of one month from the date by which the return ought to have been lodged or of such longer period as the Governor, acting in his discretion, may in any particular case allow.
(2) A person shall not be capable of being chosen a member of a Chamber of a Provincial Legislature while he is serving a sentence of transportation or of imprisonment for a criminal offence.
(3) Where a person who, by virtue of a conviction or a conviction and a sentence, becomes disqualified by virtue of paragraph (d) or paragraph (e) of sub-section (1) of this section is at the date of the disqualification a member of a Chamber, his seat shall, notwithstanding anything in this or the last preceding section, not become vacant by reason of the disqualification until three months have elapsed from the date thereof or, if within those three months an appeal or petition for revision is brought in respect of the conviction or the sentence, until that appeal or petition is disposed of, but during any period which his membership is preserved by this sub-section, he shall not sit or vote.
(4) For the purpose of this section a person shall not be deemed to hold an office of profit under the Crown in India by reason only that he is a minister either for the Federation or for a Province.
Section 70. Penalty for sitting and voting when not qualified, or when disqualified
70. Penalty for sitting and voting when not qualified, or when disqualified.- If a person sits or votes as a member of a Provincial Legislative Assembly or Legislative Council when he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provisions of sub-section (3) of the last preceding section, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Province.
Section 71. Privileges, etc., of members
71. Privileges, etc., of members.- (1) Subject to the provisions of this Act and to rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in every Provincial Legislature, and no member of the Legislature shall be liable to any proceeding in any Court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a Chamber of such a Legislature of any report, paper, votes or proceedings.
(2) In other respects the privileges of members of Chamber of a Provincial Legislature shall be such as may from time to time be defined by Act of the Provincial Legislature, and, until so defined, shall be such as were immediately before the1[establishment of the Dominion enjoyed by members of that Chamber, or in the case of West Bengal and East Punjab, by members of the Provincial Legislative Assemblies of Bengal and the Punjab, respectively].
(3) Nothing in any existing Indian law, and, notwithstanding anything in the foregoing provisions of this section, nothing in this Act, shall be construed as conferring, or empowering any Legislature to confer on a Chamber thereof or on both Chambers sitting together or any committee or officer of the Legislature, the status of a court, or any punitive or disciplinary powers other than the power to remove or exclude persons infringing, the rules or standing orders, or otherwise behaving in a disorderly manner.
(4) Provision may be made by an Act of the Provincial Legislature for the punishment, on conviction before a Court, of persons who refuse to give evidence or produce documents before a committee of a Chamber when duly required by the chairman of a committee so to do:
Provided that any such Act shall have effect subject to such rules for regulating the attendance before such committees of person who are, or have been, in the service of the Crown in India, and safeguarding confidential matter from disclosure, as may be made by the Governor exercising his individual judgment.
(5) The provisions of sub-sections (1) and (2) of this section shall apply in relation to persons who by virtue of this Act have the right to speak in and otherwise take part in the proceedings of a Chamber as they apply in relation to members of the Legislature.
Section 72. Salaries and allowances of members
72. Salaries and allowances of members.- Members of Provincial Legislative Assemblies and Legislative Councils shall be entitled to receive such salaries and allowances as may from time to time be determined by Act of the Provincial Legislature 1[***].
2[Provided that until other provision is so made, members of the Legislative Assemblies of West Bengal and East Punjab shall be entitled to receive salaries and allowances at such rates and upon such conditions as were immediately before the establishment of the Dominion applicable in the case of members of the Legislative Assemblies of Bengal and Punjab, respectively.]
Section 73. Introduction of Bills, etc
Legislative Procedure
73. Introduction of Bills, etc.- (1) Subject to the special provisions of this Part of this Act with respect to financial Bills, a Bill may originate in either Chamber of the Legislature of a Province which has a Legislative Council.
(2) A Bill pending in the Legislature of a Province shall not lapse by reason of the prorogation of the Chamber or Chamber thereof.
(3) A Bill pending in the Legislative Council of a Province which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.
(4) A Bill which is pending in the Legislative Assembly of a Province, or which having been passed by the Legislative Assembly is pending in the Legislative Council, shall lapse on a dissolution of the Assembly.
Section 74. Passing of Bills in Provinces having Legislative Councils
74. Passing of Bills in Provinces having Legislative Councils.- (1) Subject to the provisions of this section, a Bill shall not be deemed to have been passed by the Chambers of the Legislature of a Province having a Legislative Council, unless it has been agreed to by both Chambers, either without amendments or with such amendments only as are agreed to by both Chambers.
(2) If a Bill which has been passed by the Legislative Assembly and transmitted to the Legislative Council is not, before the expiration of twelve months from its reception by the Council, presented to the Governor for his assent, the Governor may summon the Chambers to meet in a joint sitting for the purpose of deliberating and voting on the Bill:
Provided that, if it appears to the Governor that the Bill relates to finance 1[***], he may summon the Chambers to meet in a joint sitting for the purpose aforesaid notwithstanding that the said period of twelve months has not elapsed.
2[***]
(3) If at a joint sitting of the two Chambers summoned in accordance with the provisions of this section the Bill, with such amendments, if any, as are agreed to in joint sitting, is passed by a majority of the total number of members of both Chambers present and voting, it shall be deemed for the purposes of this Act to have been passed by both Chambers:
Provided that at a joint sitting-
(a) unless the Bill has been passed by the Legislative Council with amendments and returned to the Legislative Assembly, no amendment shall be proposed to the Bill other than such amendments, if any, as are made necessary by the delay in the passage of the Bill;
(b) if the Bill has been so passed and returned by the Legislative Council, only such amendments as aforesaid shall be proposed to the Bill and such other amendments as are relevant to the matters with respect to which the Chambers have not agreed, and the decision of the person presiding as to the amendments which are admissible under this sub-section shall be final.
Section 75. Assent to Bills
75. Assent to Bills.- A Bill which has been passed by the provincial Legislative Assembly or, in the case of a Province having a Legislative Council, has been passed by the both Chambers of the Provincial Legislature, shall be presented to the Governor, and the Governor in his discretion shall declare either that he assents in His Majesty's name to the Bill, or that he withholds assent therefrom, or that he reserves the Bill for the consideration of the Governor-General:
Provided that the Governor may in his discretion return the Bill together with a message requesting that the Chamber or Chambers will consider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Chamber or Chambers shall reconsider it accordingly.
Section 76. Bills reserved for consideration
76. Bills reserved for consideration.- (1) When a Bill reserved by a Governor for the consideration of the Governor-General, the Governor-General shall in his discretion declare, either that he assents in His Majesty's name to the Bill, or that he withholds assent therefrom, 1[***]:
Provided that the Governor-General may, if he in his discretion thinks fit, direct the Governor to return the Bill to the Chamber, or, as the case may be, the Chambers, of the Provincial Legislature together with such a message as is mentioned in the proviso to the last preceding section and, when a Bill is so returned, the Chamber or Chambers shall reconsider it accordingly and, if it is again passed by them with or without amendment, it shall be presented again to the Governor-General for his consideration.
(2) 2[***]
Section 77. Power of Crown to disallow Acts
77. Power of Crown to disallow Acts.-1[***]
Section 78. Annual financial statement
Procedure in Financial matters
78. Annual financial statement.- (1) The Governor shall in respect of every financial year cause to be laid before the Chamber or Chambers of the Legislature as statement of the estimated receipts and expenditure of the Province for that year, in this Part of this Act referred to as the "annual financial statement".
(2) The estimates of expenditure embodied in the annual financial statement shall show separately-
(a) The sums required to meet expenditure described by this Act as expenditure charged upon the revenues of the Province; and
(b) the sums required to meet other expenditure proposed to be made from the revenues of the Province,
and shall distinguish expenditure on revenue account 1[***].
(3) The following expenditure shall be expenditure charged on the revenues of each Province-
(a) the salary and allowances of the Governor and other expenditure relating to his office for which provisions is 2[made by or under the third Schedule to the Act];
(b) debt charges for which the Province is liable, including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(c) the salaries and allowances of ministers, and of the Advocate General;
(d) expenditure in respect of the salaries and allowances of Judges of any High Court;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) any other expenditure declared by this Act or any Act of the Provincial Legislature to be so charged.
(4) 3[***]
Section 79. Procedure in Legislature with respect to estimates
79. Procedure in Legislature with respect to estimates.- (1) So much of the estimates of expenditure as relates to expenditure charged upon the revenues of a Province shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preventing the discussion in the Legislature of those estimates, other than estimates relating to expenditure referred to in paragraph (a) sub-section (3) of the last preceding section.
(2) So much of the said estimates as relates as to other expenditure shall be submitted, in the from of demands for grants, to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to a demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Governor.
Section 80. Authentication of schedule of authorised expenditure
80. Authentication of schedule of authorised expenditure.- (1) The Governor shall authenticate by his signature a schedule specifying-
(a) the grants made by the Assembly under the last preceding section;
(b) the several sums required to meet the expenditure charged on the revenues of the Province but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the Chamber or Chambers;
1[***]
(2) The schedule so authenticated shall be laid before the Assembly but shall not be open to discussion or vote in the Legislature.
(3) Subject to the provisions of the next succeeding section, no expenditure from the revenues of the province shall be deemed to be duly authorised unless it is specified in the schedule so authenticated.
2[Provided that expenditure from the revenues of the Province of West Bengal or East Punjab during the period beginning with the 15th day of August 1947 and ending with the 31st day of March 1948 may be authorised or ratified by general or special order of the Governor.]
Section 81. Supplementary statements of expenditure
81. Supplementary statements of expenditure.- If in respect of any financial year further expenditure from the revenues of the Province becomes necessary over and over the expenditure authorised for that year, the Governor shall cause to be laid before the Chambers a supplementary statement showing the estimated amount of the expenditure, and the provisions of the preceding sections shall have effect in relation to that statement and that expenditure as they have effect in relation to the annual financial statement and the expenditure mentioned therein.
Section 82. Special provisions as to financial Bills
82. Special provisions as to financial Bills.- (1) A Bill or amendment making provision-
(a) for imposing or increasing any tax; or
(b) for regulating the borrowing of money or the giving of any guarantee by the Province, or for amending the law with respect to any financial obligations undertaken or to be undertaken by the Province; or
(c) for declaring any expenditure to be expenditure charged on the revenues of the Province, or for increasing the amount of any such expenditure, shall not be introduced or moved except the recommendation of the Governor and a Bill making such provision shall not be introduced in a Legislative Council.
(2) A Bill or amendment shall not be deemed to make provision for any of the purposes aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties or for the demand and payment of fees for licences or fees for services rendered.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the ravenous of a Province shall not be passed by a chamber of the Legislature unless the Governor has recommended to that Chamber the consideration of the Bill.
Section 83. Provisions with respect to certain educational grants
83. Provisions with respect to certain educational grants.-1[***]
Section 84. Rules of procedure
Procedure generally
84. Rules of procedure.- (1) A Chamber of a Provincial Legislature may make rules for regulating, subject to the provisions of this Act, their procedure and the conduct of their business;
1[***]
(2) In a Province having a Legislative Council the Governor, after consultation with the Speaker and the President, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Chambers.
The said rules shall make such provisions for the purpose specified in the proviso to the preceding sub-section as the Governor in his discretion may think fit.
(3) Until rules are made under this section the rules of procedure and standing orders in force immediately before the commencement of this Part of this Act with respect to the Legislative Council of the Province, shall have effect in relation to the Legislature of the Province, subject to such modifications and adaptations as may be made therein by the Governor acting in his discretion.
(4) At a joint sitting of two Chambers the President of the Legislative Council, or in his absence such person as may be determined by rules of procedure made under this section, shall preside.
Section 85. English to be used in Provincial Legislature
85. English to be used in Provincial Legislature.-1[***]
Section 86. Restrictions on discussion in the Legislature
86. Restrictions on discussion in the Legislature.- (1) No discussion shall take place in a Provincial Legislature with respect to the conduct of any Judge of the Federal Court or of a High Court in the discharge of his duties.
In this sub-section the reference to a High Court shall be construed as including a reference to a court in a Federated State which is a High Court for any of the purposes of Part IX of this Act.
1[***]
Section 87. Courts to inquire into proceedings of the Legislature
87. Courts to inquire into proceedings of the Legislature.- (1) The validity of any proceedings in a Provincial Legislature shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or other member of a Provincial Legislature in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order, in the Legislature shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
Section 88. Power of Governor to promulgate ordinances during recess of Legislature
Chapter 4 - Legislative Powers of Governor
Chapter IV
LEGISLATIVE POWERS OF GOVERNOR
88. Power of Governor to promulgate ordinances during recess of Legislature.- (1) If at any time when the Legislature of a Province is not in session the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:
1[Provided that the Governor shall not, without instructions from the Governor-General, promulgate any such Ordinance if an Act of the Provincial Legislature containing the same provisions would under this Act have been invalid unless, having been reserved for the consideration of the Governor-General, it had received assent of the Governor-General.]
(2) An ordinance promulgated under this section shall have the same force and effect as an Act of the Provincial Legislature assented to by the Governor but every such ordinance-
(a) shall be laid before the Provincial Legislature and shall cease to operate at the expiration of six weeks from the reassembly of the Legislature, or if a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council;
(b) shall be subject to the provisions of this Act relating to the power of His Majesty of His Majesty to disallow Acts as if it were an Act of the Provincial Legislature assented to by the Governor; and
(c) may be withdrawn at any time by the Governor.
(3) If and so far as an ordinance under this section makes any provision which would not be valid if enacted in an Act of the Provincial Legislature assented to by the Governor, it shall be void.
2[Provided that, for the purposes of the provisions of this Act relating to the effect of an Act of a Provincial Legislature which is repugnant to an Act of the Federal Legislature or an existing Indian Law with respect to a matter enumerated in the Concurrent Legislative List, an ordinance promulgated under this section in pursuance of instruction from the Governor-General acting in his discretion shall be deemed to be an Act of the Provincial Legislature which has been reserved for the consideration of the Governor-General and assented to be him].
Section 89. Power of Governor to promulgate ordinances at any time with respect to certain subjects
89. Power of Governor to promulgate ordinances at any time with respect to certain subjects.-1[***]
Section 90. Power of Governor in certain circumstances to enact Acts
90. Power of Governor in certain circumstances to enact Acts.-1[***]
Section 91. Excluded areas and partially excluded
Chapter 5 - Excluded Areas and Partially Excluded Areas
Chapter V
EXCLUDED AREAS AND PARTIALLY EXCLUDED AREAS
1[91. Excluded areas and partially excluded areas.- In this Act, the expression ‘excluded area’ and ‘partially excluded area’ mean respectively such areas as were excluded or partially excluded areas immediately before the establishment of the Dominion.]
The Secretary of State shall lay the draft of the Order which it is proposed to recommend His Majesty to make under this sub-section before Parliament within six months from the passing of this Act.
(2) His majesty may at any time by order in Council-
(a) direct that the whole or any specified part of an excluded area shall become, or become part of, a partially excluded area;
(b) direct that the whole or any specified part of a partially excluded area shall cease to be a partially excluded area or a part of such an area;
(c) alter, but only by way of rectification of boundaries, and excluded or partially excluded area;
(d) on any alteration of the boundaries of a Province, or the creation of a new Province, declare any territory not previously in any Province to be, or to form part of, an excluded area or a partially excluded area, and any such Order may contain such incidental and consequential provisions as appear to His Majesty to be necessary and proper, but save as aforesaid the Order in Council made under sub-section (1) of this section shall not be varied by any subsequent Order.]
Section 92. Administration of excluded areas and partially excluded areas
92. Administration of excluded areas and partially excluded areas.- (1) The executive authority of a Province extends to excluded and partially excluded areas therein, but notwithstanding anything in this Act, no Act of the Federal Legislature or of the Provincial Legislature, shall apply to an excluded area or a partially excluded area, unless the Governor by public notification so directs; and the Governor in giving such a direction with respect to any Act may direct that the Act shall in its application to the areas, or to any special part thereof, have effect subject to such exceptions or modifications as he thinks fit.
(2) The Governor may make regulations for the peace and good government of any area in a Province which is for the time being an excluded area, or a partially excluded area, and any regulations so made may repeal or amend any Act of the Federal Legislature or of the Provincial Legislature, or any existing Indian law, which is for the time being applicable to the area in question.
Regulations made under this sub-section shall be submitted forthwith to the Governor-General and until assented to by him in his discretion shall have no effect, 1[***].
(3) 2[***]
Section 93. Power of Governor to issue Proclamations
Chapter 6 - Provisions in Case of Failure of Constitutional Machinery
Chapter VI
PROVISIONS IN CASE OF FAILURE OF CONSTITUTIONAL MACHINERY
93. Power of Governor to issue Proclamations.-1[***]
Section 94. Chief Commissioners' Provinces
Part IV1
THE CHIEF COMMISSIONERS' PROVINCES
94. Chief Commissioners' Provinces.- (1) The following shall be the Chief Commissioners' Provinces, that is to say, the heretofore existing Chief Commissioners' Provinces of [***]2, Delhi, Ajmer-Merwara, Coorg and the Andaman and Nicobar Islands, the areas Panth Piploda, and such other Chief Commissioners' Provinces as may be created under this Act.
(2) 3[***]
(3) A Chief Commissioner's Province shall be administered by the Governor General acting, to such extent as he thinks, fit, through a Chief Commissioner to be appointed by him in his discretion.
Section 95. British Baluchistan
95. British Baluchistan.-1[***]
Section 96. The Andaman and Nicobar Islands
1[96. The Andaman and Nicobar Islands.- The Governor-General may make regulations for the peace and good government of the Andaman and Nicobar Islands, and any regulations so made may repeal or amend any Act of the Dominion Legislature or any existing law which is for the time being applicable to the Province, and, when promulgated by the Governor-General shall have the same force and effect as an Act of the Dominion Legislature which applies to the Province.]
Section 97. Coorg
97. Coorg.- Until other provision is made by 1[or in accordance with a law made by the Constituent Assembly under sub-section (1) of S. 8 of the Indian Independence Act, 1947], the constitution, powers and functions of the Coorg Legislative Council, and the arrangements with respect to revenues collected in Coorg and expenses in respect of Coorg, shall continue unchanged.
Section 98. Provisions as to police rules & c., and as to crimes of violence intended to overthrow the Government
98. Provisions as to police rules & c., and as to crimes of violence intended to overthrow the Government.-1[***]
Section 99. Extent of Federal and Provincial laws
Chapter 1 - Distribution of Powers
Part V1
LEGISLATIVE POWERS
Chapter I
DISTRIBUTION OF POWERS
99. Extent of Federal and Provincial laws.- (1) Subject to the Provisions of this Act, the Federal Legislature may make laws 2[(including laws having extra-territorial operation) for the whole or any part of the Dominion], and a Provincial Legislature may make laws for the Province or for any part thereof.
3[***]
Section 100. Subject-matter of Federal and Provincial laws
100. Subject-matter of Federal and Provincial laws.- (1) Notwithstanding anything in the two next succeeding sub sections, the Federal Legislature has and a Provincial Legislature has not, power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule to this Act (hereinafter called the "Federal Legislative List").
(2) Notwithstanding anything in the next succeeding sub-section, the Federal Legislature, and, subject to the preceding sub-section, a Provincial Legislature also, have power to make laws with respect to any of the matters enumerated in List III in the said Schedule (hereinafter called the "Concurrent Legislative List").
(3) Subject to the two preceding sub-sections the Provincial Legislature has, and the Federal Legislature has not, power to make laws for a Province or any part thereof with respect to any of the matters enumerated in List II in the said Schedule (hereinafter called the "Provincial Legislative List").
(4) The Federal Legislature has power to make laws with respect to matters enumerated in the Provincial Legislative List except for a Province or any part thereof.
Section 101. Extent of power to legislate for States
101. Extent of power to legislate for States.- Nothing in Act this shall be constructed as empowering the Federal Legislature to make laws for a Federated State otherwise than in accordance with the Instrument of Accessions of that State and any limitation contained therein.
Section 102. Power of Federal Legislature to legislate if an emergency is proclaimed
102. Power of Federal Legislature to legislate if an emergency is proclaimed.- (1) Notwithstanding anything in the preceding sections of this chapter, the Federal Legislature shall, if the Governor-General has in his discretion declared by Proclamation (in this Act referred to as a "Proclamation of Emergency") that a grave emergency exists whereby the security of India is threatened, whether by war or internal disturbance, have power to make laws for a Province or any part thereof with respect to any of the matters enumerated in the Provincial Legislative List 1[or to make laws, whether or not, for a Province or any part thereof, with respect to any matter not enumerated in any of the lists in the Seventh Schedule to this Act.]
Provided that no Bill or amendment for the purposes aforesaid shall be introduced or moved without the previous sanction of the Governor-General in his discretion, and the Governor-General shall not give his sanction unless it appears to him that the provision proposed to be made is a proper provision in view of the nature of the emergency.
(2) Nothing in this section shall restrict the power of a Provincial Legislature to make any law which under this Act it has power to make, but if any provision of a Provincial law is repugnant to any provision of a Provincial law in repugnant to any provision of a Federal law which the Federal Legislature has under this section power to make, the Federal law, whether passed before or after the Provincial law, shall prevail, and the Provincial law shall to the extent of the repugnancy, but so long only as the Federal law continues to have effect, be void.
(3) 2[A Proclamation of Emergency may be revoked by a subsequent Proclamation.]
(4) A law made by the Federal Legislature which that Legislature would not but for the issue of a Proclamation of Emergency have been competent to make 3[a law made by the Indian Legislature whether before or after the passing of this Act, during the continuance in force of the proclamation of Emergency being a law which that Legislature would not, but for the issue of such a Proclamation, have been competent to make, shall not cease to have effect as required by sub-section (4) of section one hundred and two of the Government of India Act, 1935, except to the extent to which the said Legislature would not, but for the issue of that Proclamation, have been competent to make it, and accordingly, in the said sub-section (4) for the words "shall cease to have effect" there shall be substituted by the words "shall, to the extent of the incompetency, cease to have effect] on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.
4[(5) A Proclamation of Emergency declaring that the security of India is threatened by war or by internal disturbance may be made before the actual occurrence of war of any such disturbance if the Governor-General in his discretion is satisfied that there is imminent danger thereof.]
Section 103. Power of Federal Legislature to legislate for two or more Provinces by consent
103. Power of Federal Legislature to legislate for two or more Provinces by consent.- If it appears to the Legislature of two or more Provinces to be desirable that any of the matters enumerated in the Provincial Legislative List should be regulated in those Provinces by Act of the Federal Legislature, to pass an Act for regulating that mater accordingly, but any Act so passed may, as respects any Province to which it applies, be amended or repealed by an Act of the Legislature of that Province.
Section 104. Residual powers of legislation
104. Residual powers of legislation.- (1) The Governor-General may by public notification empower either the Federal Legislature or a Provincial Legislature to enact a law with respect to any matter not enumerated in any of the Lists in the Seventh Schedule to this Act, including a law imposing a tax not mentioned in any such list, and the executive authority of the Federation or of the Province, as the case may be, shall extend to the administration of any law so made, unless the Governor-General otherwise directs.
(2) 1[***]
Section 105. Application of Naval Discipline Act to Indian naval forces
105. Application of Naval Discipline Act to Indian naval forces.-1[***]
Section 106. Provisions as to legislation for giving effect to international agreements
106. Provisions as to legislation for giving effect to international agreements.- (1) The Federal Legislature shall not by reason only of the entry in the Federal Legislative List relating to the implementing of treaties and agreements with other countries have power to make any law for any Province except with the previous consent of the Governor, or for a Federated State except with the previous consent of the Ruler thereof.
(2) So much of any law as is valid only by virtue of any such entry as aforesaid may be repealed by the Federal Legislature and may, on the treaty or agreement in question ceasing to have effect, be repealed as respects any Province or State by a law of that Province or State.
(3) Nothing in this section applies in relation to any law which the Federal Legislature has power to make for a Province or as the case may be, a Federated State, by virtue of any other entry in the Federal or the Concurrent Legislative List as well as by virtue of the said entry.
Section 107. Inconsistency between Federal laws and Provincial or State laws
107. Inconsistency between Federal laws and Provincial or State laws.- (1) If any provision of a Provincial law is repugnant to any provision of a Federal law which the Federal Legislature is competent to enact or to any provision of an existing Indian law with respect to one of the matters enumerated in the Concurrent Legislative List, then, subject to the provisions of this section, the Federal law, whether passed before or after the Provincial law, or as the case may be, the existing Indian law, shall prevail and the Provincial law shall, to the extent of the repugnancy, be void.
(2) Where a Provincial law with respect to one of the matters enumerated in the Concurrent Legislative List contains any provision repugnant to the provisions of an earlier Federal law or an existing Indian law with respect to that matter, then, if the Provincial law, having been reserved for the consideration of the Governor-General 1[***] has received the assent of the Governor-General or for the signification of His Majesty's pleasure has received the assent of the Governor-General or of His Majesty, the Provincial law shall in that Province prevail, but nevertheless the Federal Legislature may at any time enact further legislation with respect to the same matter.
Provided that no Bill or amendment for making any provision repugnant to any Provincial law, which, having been so reserved has received the assent of the Governor-General or of His Majesty, shall be introduced or moved in either Chamber of the Federal Legislature without the previous sanction of the Governor-General in his discretion.
(3) If any provision of a law of a Federated State is repugnant to a Federal law which extends to that State, the Federal law, whether passed before or after the law of the State, shall prevail and the law of the State shall, to the extent of the repugnancy be void.
Section 108. Sanction of Governor-General or Governor required for certain legislative proposals
Chapter 2 - Restrictions on Legislative Powers
Chapter II
RESTRICTIONS ON LEGISLATIVE POWERS
108. Sanction of Governor-General or Governor required for certain legislative proposals.-1[***]
Section 109. Requirements as to sanctions and recommendations to be regarded as matters of procedure only
109. Requirements as to sanctions and recommendations to be regarded as matters of procedure only.- (1) Where under any provision of this Act the previous of this Act the previous sanction or recommendation of the Governor-General or of a Governor is required to the introduction or passing of a Bill or the moving of an amendment, the giving of the sanction or recommendation shall not be construed as precluding him from exercising subsequently in regard to the Bill in question any powers conferred upon him by this Act with respect to the withholding of assent to or the reservation of Bills.
(2) No Act of the Federal Legislature or a Provincial Legislature, and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation was not given, if assent to that Act was given-
(a) where the previous sanction or recommendation required was that of the Governor, either by the Governor, 1[by the Governor-General], 2[***];
(b) where the previous sanction or recommendation required was that of the Governor-General, either by Governor-General or by His Majesty.
Section 110. Savings
110. Savings.-1[***]
Section 111. British subjects domiciled in the United Kingdom
Chapter 3 - Provisions with Respect to Discrimination, etc.
Chapter III
PROVISIONS WITH RESPECT TO DISCRIMINATION, ETC.
111. British subjects domiciled in the United Kingdom.-1[***]
Section 112. Taxation
112. Taxation.-1[***]
Section 113. Companies incorporated in the United Kingdom
113. Companies incorporated in the United Kingdom.-1[***]
Section 114. Companies incorporated in India
114. Companies incorporated in India.-1[***]
Section 115. Ships and aircraft
115. Ships and aircraft.-1[***]
Section 116. Subsidies for the encouragement of trade or industry
116. Subsidies for the encouragement of trade or industry.-1[***]
Section 117. Supplemental
117. Supplemental.-1[***]
Section 118. Power to secure reciprocal treatment by convention
118. Power to secure reciprocal treatment by convention.-1[***]
Section 119. Professional and technical qualifications in general
119. Professional and technical qualifications in general.-1[***]
Section 120. Medical qualifications
120. Medical qualifications.-1[***]
Section 121. Officers of Indian Medical Service, etc
121. Officers of Indian Medical Service, etc.-1[***]
Section 122. Obligation of units and Federation
Part VI1
ADMINISTRATIVE RELATIONS BETWEEN FEDERATION, PROVINCES AND STATES
General
122. Obligation of units and Federation.- (1) The executive authority of every Province and Federated State shall be so exercised as to secure respect for the laws of the Federal Legislature which apply in that Province or State.
(2) The reference in sub-section (1) of this section to laws of the Federal Legislature shall, in relation to any Province, include a reference to any existing Indian law applying in that Province.
(3) Without prejudice to any of the other provisions of this Part of this Act, in the exercise of the executive authority of the Federation in any Province or Federated State regard shall be had to the interests of that Province or State.
Section 123. Governor-General may require Governors to discharge certain functions as his agents
123. Governor-General may require Governors to discharge certain functions as his agents.-1[***]
Section 124. Power of Federation to confer powers, etc., on Provinces and States in certain cases
124. Power of Federation to confer powers, etc., on Provinces and States in certain cases.- (1) Notwithstanding anything in this Act, the Governor-General may, with the consent of the Government of a Province or the Ruler of 1[an Acceding] State, entrust either conditionally or unconditionally to that Government or Ruler, or to their respective officers, functions in relation to any matter to which the executive authority of the [Federation] extends.
(2) An Act of the 2[Dominion] Legislature may, notwithstanding that it relates to a matter with respect to which a Provincial Legislature has no power to make laws, confer powers and impose duties 3[or authorise the conferring of powers and the imposition of duties] upon a Province or officers and authorities thereof.
(3) An Act of the 4[Dominion] Legislature which extends to 5[an Acceding] State may confer powers and impose duties 6[or authorise the conferring of powers and the imposition of duties] upon the State or officers and authorities thereof to be designated for the purpose by the Ruler.
(4) Where by virtue of this section powers and duties have been conferred or imposed upon a Province or 7[an Acceding] State or officers or authorities thereof, there shall be paid by the 8[Dominion] to the Province or State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of any extra costs of administration incurred by the Province or State in connection with the exercise of those powers and duties.
Section 125. Administration of Federal Acts in Indian States
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 of 1[an Acceding] State for the exercise by the Ruler or his officers of functions in relation to the administration in his State of any law of the 2[Dominion] 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 the 3[Dominion] Government and, if he is not satisfied, the Governor-General acting in his discretion, may issue such directions to the Ruler as he thinks fit.
Section 126. Control of Federation over Province in certain cases
126. Control of Federation over Province in certain cases.- (1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the 1[Dominion], and the executive authority of the 2[Dominion] shall extend to the giving of such directions to a Province as may appear to the 3[Dominion] Government to be necessary for that purpose.
(2) The executive authority of the 4[Dominion] shall also extend to the giving of directions to a Province as to the carrying into execution therein of any Act of the 5[Dominion] Legislature which relates to a matter specified in Part II of the Concurrent Legislative List and authorises the giving of such directions:
Provided that a Bill or amendment which proposes to authorise the giving of any such directions as aforesaid shall not be introduced into or moved in either Chamber of the 6[Dominion] Legislature with the previous sanction of the Governor-General in his discretion.
(3) The executive authority of the 7[Dominion] shall also extend to the giving of directions to a Province as to the construction and maintenance of means of communication declared in the direction to be of military importance:
Provided that nothing in this sub-section shall be taken as restricting the power of the Federation to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
(4) 8[***].
9[(5) The executive authority of the Dominion shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity of India or of any part thereof.]
Section 126-A
1[126-A. Where a proclamation of Emergency is in operation whereby the Governor-General has declared that the security of India is threatened by war-
(a) the executive authority of the 2[Dominion] shall extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised, and any directions so given shall for the purposes of the last preceding section be deemed to be directions given thereunder;
(b) any power of the 3[Dominion] Legislature to make laws for a Province with respect to any matter shall include power to have laws as respects a Province conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federation or officers and authorities of the 4[Dominion] as respects that matter, notwithstanding that it is one with respect to which the Provincial Legislature also has power to make laws:
Provided that no Bill or amendment which, as respects a Province, confers powers or imposes duties, or authorises the conferring of powers or the imposition of duties, upon the 5[Dominion] or upon officers or authorities of the 6[Dominion] in relation to such a matter as aforesaid shall be introduced or moved without the previous sanction of the Governor-General in his discretion, and the Governor-General shall not give his sanction unless it appears to him that the provision proposed to be made is a proper provision in view of the nature of the emergency].
Section 127. Acquisition of land for Federal purposes
127. Acquisition of land for Federal purposes.- The 1[Dominion] may, if it deems it necessary to acquire any land situate in a Province for any purpose connected with a matter with respect to which the 2[Dominion] Legislature has power to make laws, require the Province to acquire the land on behalf, and at the expense, of the 3[Dominion] or, if the land belongs to the Province, to transfer it to the 4[Dominion] on such terms as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India.
Section 128. Duty of Ruler of a State as respects Federal subjects
128. Duty of Ruler of a State as respects Federal subjects.- (1) The executive authority of every 1[an Acceding] State shall be so exercised as not to impede or prejudice the exercise of the executive authority of the 2[Dominion] so far as it is exercisable in the State by virtue of a law of the 3[Dominion] Legislature which applies therein.
(2) If it appears to the Governor-General that the Ruler of any 4[an Acceding] State has in any way failed to fulfil his obligations under the preceding sub-section the Governor-General, acting in his discretion, may after considering any representations made to him by the Ruler issue such directions to the Ruler as he thinks fit:
Provided that, if any question arises under this section as to whether the executive authority of the 5[Dominion] is exercisable in a State with respect to any matter or as to the extent to which it is so exercisable, the question may, at the instance either of the 6[Dominion] or the Ruler, be referred to the Federal Court for determination by that Court in the exercise of its original jurisdiction under this Act.
Section 129. Broadcasting
Broadcasting
129. Broadcasting.- (1) The 1[Dominion] Government shall not unreasonably refuse to entrust to the Government of any Province or the Ruler of any 2[Acceding] State such functions with respect to broadcasting as may be necessary to enable that Government or Ruler-
(a) to construct and use transmitters in the Province or State;
(b) to regulate, and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the Province or State:
Provided that nothing in this sub-section shall be construed as requiring the 3[Dominion] Government to entrust to any such Government or Ruler any control over the use of transmitters constructed or maintained by the 4[Dominion] Government or by persons authorised by the 5[Dominion] Government, or over the use of receiving apparatus by persons so authorised.
(2) Any functions so entrusted to a Government or Ruler shall be exercised subject to such conditions as may be imposed by the 6[Dominion] Government, including, notwithstanding anything in this Act, any conditions regulating the matter broadcast by, or by authority of, the Government or Ruler.
(3) Any 7[Dominion] laws which may be passed with respect to broadcasting shall be such as to secure that effect can be given to the foregoing provisions of this section.
(4) If any question arises under this section whether any conditions imposed on any such Government or Ruler are lawfully imposed, or whether any refusal by the 8[Dominion] Government to entrust functions is unreasonable, the question shall be determined by 9[an arbitrator appointed by the Chief Justice of India].
(5) Nothing in this section shall be construed as restricting the powers conferred on the Governor-General by this Act for the prevention of any grave menace to the peace or tranquility of India or any part thereof, 10[***].
Section 130. Complaints as to interference with water-supplies
Interference with Water Supplies
130. Complaints as to interference with water-supplies.- If it appears to the Government of any Governor's Province or to the Ruler of any 1[Acceding] State that the interests of that Province or State, or of any of the inhabitants thereof, in the water from any natural source of supply in any Governor's or Chief Commissioner's Province or 2[Acceding] State, have been, or are likely to be, affected prejudicially by-
(a) any executive action or legislation taken or passed, or proposed to be taken or passed; or
(b) the failure of any authority to exercise any of their powers………with respect to the use, distribution or control of water from that source the Government of Ruler may complain to the Governor-General.
Section 131. Decision of complaints
131. Decision of complaints.- (1) If the Governor-General receives such a complaint as aforesaid, he shall, unless he is of opinion that the issues involved are not of sufficient importance to warrant such action, appoint a Commission consisting of such persons having special knowledge and experience in irrigation, engineering, administration, finance or law, as he thinks fit, and request that Commission to investigate in accordance with such instruction as he may give to them, and to report to him on, the matters to which the complaint relates, or such of those matters as he may refer to them.
(2) A Commission so appointed shall investigate the matters referred to them and present to the Governor-General a report setting out the facts as found by them and making such recommendations as they think proper.
(3) If it appears to the Governor-General upon consideration of the Commissioner's report that anything therein contained requires explanation, or that he needs guidance upon any point not originally referred by him to the Commission, he may again refer the matter to the Commission for further investigation and a further report.
(4) For the purpose of assisting a Commission appointed under this section in investigating any matters referred to them, the 1[Dominion] Court, if requested by the Commission so to do, shall make such orders and issue such letters of request for the purposes of the proceedings of the Commission as they may make issue in the exercise of the jurisdiction of the Court.
(5) After considering any report made to him by the Commission, the Governor-General shall give such decision and make such order, if any, in the matter of the complaint as he may deem proper:
2[***].
(6) Effect shall be given in any Province or State affected to any order made under this section by His Majesty in Council or the Governor-General, and any Act of a Provincial Legislature or of a State which is repugnant to the order shall, to the extent of the repugnancy, be void.
(7) Subject as hereinafter provided the Governor-General, on application made to him by the Government of any Province, or the Ruler of any State affected may at any time, if after a reference to, and report from, a Commission appointed as aforesaid he considers it proper so to do, vary any decision or order given or made under this section:
3[***]
(8) An order made by 4[His Majesty in Council or] the Governor-General under this section may contain directions as to the Government or persons by whom the expenses of the Commission and any costs incurred by any Province, State or persons in appearing before the Commission are to be paid, and may fix the amount of any expenses or costs to be so paid, and so far as it relates to expenses or costs, may be enforced as if it were an order made by the Federal Court.
(9) 5[***]
Section 132. Interference with water-supplies of Chief Commissioner's Province
132. Interference with water-supplies of Chief Commissioner's Province.- If it appears to the Governor-General that the interests of any Chief Commissioner's Province, or of any of the inhabitants of such a Province, in the water from any natural source of supply in any Governor's Province or 1[Acceding] State have been or are likely to be affected prejudicially by-
(a) any executive action or legislation taken or passed or proposed to be taken or passed; or
(b) the failure of any authority to exercise any of their powers, …… with respect to the use, distribution or control of water from that source, he may, if he in his discretion thinks fit, refer the matter to a Commission appointed in accordance with the provisions of the last preceding section and thereupon those provisions shall apply as if the Chief Commissioner's Province were a Governor's Province and as if a complaint with respect to the matter had been made by the Government of that Province to the Governor-General.
Section 133. Jurisdiction of Courts excluded
133. Jurisdiction of Courts excluded.- Notwithstanding anything in this Act, neither the Federal Court nor any other Court shall have jurisdiction to entertain any action or suit in respect of any matter if action in respect of that matter might have been taken under any of the three last preceding sections by the Government of a Province, the Ruler of a State, or the Governor-General.
Section 134. Ruler of State may exclude application of provisions as to water-supply
134. Ruler of State may exclude application of provisions as to water-supply.- The provisions contained in this Part of this Act with respect to interference with water-supplies shall not apply in relation to any Federated State 1[unless the Ruler thereof] has declared in his Instrument of Accession that those provisions are 2[***] to apply in relation to his State.
Section 135. Provisions with respect to an Inter-Provincial Council
Inter-Provincial Co-operation
135. Provisions with respect to an Inter-Provincial Council.- If at any time it appears to 1[the Ruler whereof] the Governor-General that the public interests would be served by the establishment of the Inter-Provincial Council charged with the duty of-
(a) inquiring into and advising upon disputes which may have arisen between Provinces;
(b) investigating and discussing subjects in which some or all of the Provinces, or the Federation and one or more of the Provinces, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject,……….it shall be lawful for [Governor_General]2 to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.
Section 136. Meaning of "revenues of Federation" and "revenues of Province"
Chapter 1 - Finance
Part VII1
FINANCE, PROPERTY, CONTRACTS AND SUITS
Chapter I
FINANCE
Distribution of Revenues between the Federation and the Federal Units
136. Meaning of "revenues of Federation" and "revenues of Province".- Subject to the following provisions of this chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to Provinces and Federated States, 2[***], the expression "revenues of the Federation" includes all revenues and public moneys raised or received by the Federation, and the expression "revenues of the Province" includes all revenues and public moneys raised or received by a Province.
Section 137. Certain succession duties, stamp duties, terminal taxes and taxes on fares and freights
137. Certain succession duties, stamp duties, terminal taxes and taxes on fares and freights.- Duties in respect of succession to property other than agricultural land, 1[estate duty] in respect of property other than agricultural land, such stamp duties as are mentioned in the Federal Legislative List, terminal taxes on goods or passengers carried by railway, or air, and taxes on railway fares and freights, shall be levied and collected by the 2[Dominion], but the net proceeds in any financial year of any such duty or tax, except in so far as those proceeds represent proceeds attributable to Chief Commissioners' Provinces, shall not form part of the revenues of the 3[Dominion], but shall be assigned to the Provinces and to the 4[Acceding] States, if any, within which that duty or tax is leviable in that year, and shall be distributed among the Provinces and those States in accordance with such principles of distribution as may be formulated by Act of the 5[Dominion] Legislature:
Provided that the 6[Dominion] Legislature may at any time increase any said duties or taxes by a surcharge for 7[Dominion] purposes and the whole proceeds of any such surcharge shall form part of the revenues of the 8[Dominion].
Section 138. Taxes on income
138. Taxes on income.- (1) Taxes on income other than agricultural income shall be levied and collected by the Federation, but a prescribed percentage of the net proceeds in any financial year of any such tax, except in so far as those proceeds represent proceeds attributable to Chief Commissioners' Provinces or to taxes payable in respect of 1[Dominion] emoluments, shall not form part of the revenues of the 2[Dominion], but shall be assigned to the Provinces and to the 3[Acceding] States, if any, within which that tax is leviable in that year, and shall be distributed among the Provinces and those States in such manner as may be prescribed4:
Provided that-
(a) the percentage originally prescribed under this sub-section shall not be increased by any 5[Order of the Governor-General].
(b) the 6[Dominion] Legislature may at any time increase the said taxes by a surcharge for 7[Dominion] purposes and the whole proceeds of any such surcharge shall form part of the revenues of the 8[Dominion].
9[For the purposes of this sub-section, in each financial year 10[***] such 1a 11[***] percentage as may be prescribed, of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of 12[Dominion] emoluments shall be deemed to represent proceeds attributable to the Chief Commissioners' Provinces].
(2) Notwithstanding anything in the preceding sub-section, the 13[Dominion] may retain out of the moneys assigned by that sub-section to Province and States-
(a) in each year of a prescribed period such sum as may be prescribed 14[or, if it is so prescribed, the whole of those moneys]; and
(b) in each year of a further prescribed period a sum less than that retained in the preceding year by an amount, being the same amount in each year, so calculate that the sum to be retained in the last year of the period will be equal to the amount of each such annual reduction:
Provided that-
(i) neither of the periods originally prescribed shall be reduced by any subsequent Order in Council;
(ii) the Governor-General in his discretion may in any year of the second prescribed period direct that the sum to be retained by the 15[Dominion] in that year shall be the sum retained in the preceding year, and that the second prescribed period shall be correspondingly extended, but he shall not give any such direction except after consultation with such representatives of 16[Dominion], Provincial and State interest as he may think desirable, nor shall be give any such direction unless he is satisfied that the maintenance of the financial stability of the 17[Dominion] Government requires him so to do.
(3) Where an Act of the 18[Dominion] Legislature imposes a surcharge for 19[Dominion] purposes under this section, the Act shall provide for the payment by each 20[Acceding] State in which taxes on income are not leviable by such basis as may be prescribed with a view to securing that the contribution shall be the equivalent, as near as may be, of the net proceeds which it is estimated would result from the surcharge if it were leviable in that State, and the State become liable to pay that contribution accordingly.
(4) In this section-
"taxes on income" does not include a corporation tax;
"prescribed" means prescribed by 21[Order of the Governor-General]; and
"Federal emoluments" includes all emoluments and pensions payable out of the revenues of the 22[Dominion] or of the Federal Railway Authority in respect of which income-tax is chargeable.
Section 139. Corporation tax
139. Corporation tax.-1[***]
Section 140. Salt duties, excise duties and export duties
140. Salt duties, excise duties and export duties.- (1) Duties on salt, Federal duties of excise and export duties shall be levied and collected by the Federation, but, if an Act of the Federal Legislature so provides, there shall be paid out of the revenues of the Federation to the Provinces and to the Federated States, if any, to which the Act imposing the duty extends, sums equivalent to the whole or any part of the net proceeds of that duty, and those sums shall be distributed among the Provinces and those States in accordance with such principles of distribution as may be formulated by the Act.
(2) Notwithstanding anything in the preceding sub-section, 1[such proportion as the Governor-General may by order determine], of the net proceeds in each year of any export duty on jute products shall not form part of the revenues of the Federation, but shall be assigned to the Provinces or Federated States in which jute is grown in proportion to the respective amounts of jute grown therein.
Section 141. Prior sanction of Governor-General required to Bills affecting taxation in which Provinces are interested
141. Prior sanction of Governor-General required to Bills affecting taxation in which Provinces are interested.- (1) No Bill or amendment which imposes or varies any tax or duty in which Provinces are interested or which varies the meaning of the expression "agricultural income" as defined for the purposes of the enactments relating to Indian income-tax, or which affects the principles on which under any of the foregoing provisions if this chapter moneys are or may be distributable to Provinces or States, or which imposes any such Federal surcharge as is mentioned in the foregoing provisions of this chapter, shall be introduced or moved in either Chamber of the Federal Legislature except with the previous sanction of the Governor-General in his discretion.
(2) The Governor-General shall not give his sanction to the introduction of any Bill or the moving if any amendment imposing in any year any such Federal surcharge as aforesaid unless he is satisfied that all practicable economies and all practicable measures for otherwise increasing the proceeds of Federal taxation or the portion thereof retainable by the Federation would not result in the balancing of Federal receipts and expenditure on revenue account in that year.
(3) In this section the expression "tax or duty in which Provinces are interested" means-
(a) a tax or duty the whole or part of the net proceeds whereof are assigned to any Province; or
(b) a tax or duty by reference to the net proceeds whereof sums are for the time being payable out of the revenues of the Federation to any Provinces.
Section 142. Grants from Federation to certain Provinces
142. Grants from Federation to certain Provinces.- Such sums as may be prescribed by 1[Order of the Governor-General] shall be charged on the revenues of the Federation in each year as grants-in-aid of the revenues of such Provinces as His Majesty may determine to be in need of assistance, and different sums may be prescribed for different Provinces:
Provided that, except in the case of the North-West Frontier Province, no grant fixed under this section shall be increased by a subsequent Order, unless an address has been presented to the Governor-General by both Chambers of the Federal Legislature for submission to 2[the Governor-General] praying that the increase may be made.
Section 142-A. Taxes on professions, trades, callings and employments
1[142-A. Taxes on professions, trades, callings and employments.- (1) Notwithstanding anything in section one hundred of this Act, no Provincial law relating to taxes for the benefit of a Province or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.
(2) The total amount payable in respect of any one person to the Province or to any one municipality, district board, local board, or other local authority in the Province by way of taxes on professions, trades, callings and employments shall not, after the thirty-first day of March nineteen hundred and thirty-nine, exceed fifty rupees per anum:
Provided that, if in the financial year ending with that date there was in force in the case of any Province or any such municipality, board or authority a tax in professions, trades callings or employments the rate, or the maximum rate, of which exceeded fifty rupees per annum, the preceding provisions of this sub-section shall, unless for the time being provision to the contrary is made by a law of the Federal Legislature, have effect in relation to that Province, municipality, board or authority as if for the reference to fifty rupees per annum there were substituted a reference to that rate or maximum rate, or such lower rate, if any (being a rate greater than fifty rupees per annum), as may for the time being be fixed by a law of the Federal Legislature; and any law of the Federal Legislature made for any of the purposes of this proviso may be made either generally or in relation to any specified Provinces, municipalities, boards or authorities.
(3) The fact that the Provincial Legislature has power to make laws as aforesaid with respect to taxes on professions, trades, callings and employments, the generality of the entry in the Federal Legislative List relating to taxes on income].
Section 143. Savings
143. Savings.- (1) Nothing in the foregoing provisions of this chapter affects any duties or taxes levied in any Federated State otherwise than by virtue of an Act of the Federal Legislature applying in the State.
1[(1-A) Nothing in the foregoing provisions of this chapter authorises the levy of any duty or tax by the Dominion in any Acceding State unless provision in that behalf is made in the Instrument of Accession of that State.]
(2) Any taxes, duties, cesses or fees which, immediately before the commencement of Part III of this Act, were being lawfully levied by any Provincial Government, municipality or other local authority or body for the purposes of the Province, municipality, district or other local area under a law in force on the first day of January, nineteen hundred and thirty-five2, may notwithstanding that those taxes, duties, cesses or fees are mentioned in the Federal Legislative List, continue to be levied and to be applied to the same purposes until provision to the contrary is made by the Federal Legislature.
Section 144. Calculation of "net proceeds", etc
144. Calculation of "net proceeds", etc.- (1) In the foregoing provisions of this chapter "net proceeds" means in relation to any tax or duty the proceeds thereof reduced by the cost of collection, and for the purposes of those provisions the net proceeds of any tax or duty, or of any part of any tax or duty, in or attributable to any area shall be ascertained and certified by the Auditor-General of India, whose certificates shall be final.
(2) Subject as aforesaid, and to any other express provision of this chapter, an Act of the Federal Legislature may, in any case where under this Part of this Act the proceeds of any duty or tax are, or may be, assigned to any Province or State, or a contribution is, or may be, made to the revenues of the Federation by any State, provide for the manner in which the proceeds of any duty or tax and the amount of any contribution are to be calculated, for the times in each year and the manner at and in which any payments are to be made, for the making of adjustments between one financial year and another, and for any other incidental or ancillary matters.
Section 145. Expenses of the Crown in connection with Indian States
The Crown and the States
145. Expenses of the Crown in connection with Indian States.-1[***]
Section 146. Payments from or by Indian States
146. Payments from or by Indian States.-1[***]
Section 147. Remission of States' contributions
147. Remission of States' contributions.-1[***]
Section 148. Certain payments to Federated States, etc., to be charged on Federal revenues
148. Certain payments to Federated States, etc., to be charged on Federal revenues.-1[***]
Section 149. Value of privileges and immunities to be set off against share of taxes, etc., assigned to Federated States
149. Value of privileges and immunities to be set off against share of taxes, etc., assigned to Federated States.-1[***]
Section 150. Expenditure defrayable out of Indian revenues
Miscellaneous Financial Provisions
150. Expenditure defrayable out of Indian revenues.- (1) No burden shall be imposed on the revenues of the Federation or the Provinces except for the purposes of 1[Dominion] or some part of 2[Dominion].
(2) Subject as aforesaid, the Federation or a Province may make grants for any purpose, notwithstanding that the purpose is not one with respect to which the Federal or the Provincial Legislature, as the case may be, may make laws.
Section 151. Provisions as to the custody of public moneys
151. Provisions as to the custody of public moneys.- (1) Rules may be made by the Governor-General and by the Governor of a Province for the purpose of securing that all moneys received on account of the revenues of the Federation or of the Province, as the case may be, shall, such exceptions, if any as may be specified in the rules, be paid into the public account of the Federation or of the Province, and the rules so made may prescribe, or authorise some person to prescribe, the procedure to be followed in respect of the payment of moneys into the said account, the withdrawal with or ancillary to the matters aforesaid.
(2) [***]1
Section 152. Exercise by Governor-General of certain powers with respect to Reserve Bank
152. Exercise by Governor-General of certain powers with respect to Reserve Bank.-[***]1
Section 153. Previous sanction of Governor-General to legislation with respect to Reserve Bank, currency and coinage
153. Previous sanction of Governor-General to legislation with respect to Reserve Bank, currency and coinage.- No Bill or amendment which affects the coinage or currency of the Federation or the constitution or functions of the Reserve Bank of India shall be introduced into or moved in 8c[either Chamber] of the Federal Legislature without the previous sanction of the Governor-General in his discretion.
Section 154. Exemption of certain public property from taxation
154. Exemption of certain public property from taxation.- Property vested in His Majesty for purposes of the government of the Federation shall, save in so far as any Federal law may otherwise provide, be exempt from all taxes imposed by, or by any authority within, a Province or Federated State:
Provided until any Federal law otherwise provides, any property so vested which was immediately before the commencement of Part III of this Act liable, or treated as liable, to any such tax, shall, so long as that tax continues, continue to be liable, or to be treated as liable, thereto.
Section 154-A. Exemption from taxes on electricity
1[154-A. Exemption from taxes on electricity.- Save in so far as any Federal law may otherwise provide, no Provincial law or law of a Federated State shall impose, or authorise the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is-
(a) consumed by the Federal Government, or sold to the Federal Government for consumption by that Government; or
(b) consumed in the construction, maintenance or operation of a Federal Railway by 2[***] a railway company operating that railway, or sold to 3[***] any such railway company for consumption in the construction, maintenance or operation of a Federal Railway;
and any such law imposing, or authorising the imposition of a tax on the sale of electricity shall secure that the price of electricity sold to the Federal Government for consumption by that Government, or to the Federal Railway Authority or any such railway company as aforesaid for consumption in the construction, maintenance or operation of a Federal Railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.]
Section 155. Exemption of Provincial Governments and Rulers of Federated States in respect of Federal taxation
155. Exemption of Provincial Governments and Rulers of Federated States in respect of Federal taxation.- (1) Subject as hereinafter provided, the Government of a Province and the Ruler of a Federated State shall not be liable to Federal taxation in respect of lands or buildings situate in 1[***] India or income accruing, arising or received in British India;
Provided that-
(a) where a trade or business of any kind is carried on by or on behalf of the Government of a Province in any part of British India outside that Province or by a Ruler in any part of British India, nothing in this sub-section shall exempt that Government or Ruler from any Federal taxation in respect of that trade or business, or any operations connected therewith, or any income arising in connection therewith, or any property occupied for the purposes thereof;
(b) nothing in this sub-section shall exempt a Ruler from any Federal taxation in respect of any lands, buildings or income being his personal property or personal income.
(2) Nothing in this Act affects any exemption from taxation enjoyed as of right at the passing of this Act by the Ruler of an Indian State in respect of any Indian Government securities issued before that date.
Section 156. Adjustment in respect of certain expenses and pensions
156. Adjustment in respect of certain expenses and pensions.- Where under the provisions of this Act the expenses of any court or commission, or the pension payable to or in respect of a person who has served under the Crown in India, are charged on the revenues of the Federation or revenues of a Province, then if-
(a) in the case of a charge on the revenues of the Federation the court or commission serves any of the separate needs of a Province, or the person has served wholly or in part in connection with the affairs of a Province; or
(b) in the case of charge on the revenues of a Province, the court or commission serves any of the separate needs of the Federation or another Province, or the person has served wholly or in part in connection with the affairs of the Federation or another Province,
there shall be charged on and pain out of the revenues of the Province or, as the case may be, the revenues of the Federation or of the other Province, such contribution in respect of the expenses or pension as may agreed, or as may in default of agreement be determined by an arbitrator to be appointed by the Chief Justice of India.
Section 157. Duty of Federation and Provinces to supply Secretary of State with Funds
157. Duty of Federation and Provinces to supply Secretary of State with Funds.-1[***]
Section 158. Provisions as to relation of Burma monetary system with India
158. Provisions as to relation of Burma monetary system with India.-1[***]
Section 159. Relief in respect of tax on income taxable both in India and Burma
159. Relief in respect of tax on income taxable both in India and Burma.-1[***]
Section 160. Provisions as to customs duties on India-Burma trade
160. Provisions as to customs duties on India-Burma trade.-1[***]
Section 161. Cessation of borrowing by Secretary of State in Council
Chapter 2 - Borrowing and Audit
Chapter II
BORROWING AND AUDIT
Borrowing
161. Cessation of borrowing by Secretary of State in Council.-1[***]
Section 162. Borrowing by Federal Government
162. Borrowing by Federal Government.-1[***], the executive authority of the Federation extends to borrowing upon the security of the revenues of the Federation within such limits, if any, as may from time to time be fixed by Act of the Federal Legislature and to the giving of guarantees within such limits, if any, as may be so fixed.
Section 163. Borrowing by Provincial Governments
163. Borrowing by Provincial Governments.- (1) Subject to the provisions of this section, the executive authority of a Province extends to borrowing upon the security of the revenues of the Province within such limits, if any, as may from time to time be fixed by the Act of the Provincial Legislature and to the giving of guarantees within such limits, if any, as may be so fixed.
(2) The Federation may, subject to such conditions, if any, as it may think fit to impose, make loans to, or, so long as any limits fixed under the last preceding section are not exceeded, give guarantees in respect of loans raised by, any Province and any sums required for the purpose of making loans to a Province shall be charged on the revenues of the Federation.
(3) A Province may not without the consent of the Federation borrow outside India, nor without the like consent raise any loan if there is still outstanding any part of a loan made to the Province by the Federation or by the Governor-General in Council, or in respect of which a guarantee has been given by the Federation or by the Governor-General in Council.
A consent under this sub-section may be granted subject to such conditions, if any, as the Federation may think fit to impose.
(4) A consent required by the last preceding sub-section shall not be unreasonably withheld, nor shall the Federation refuse, if sufficient cause is shown, to make a loan to, or to give a guarantee in respect of a loan raised by, a Province, or seek to impose in respect of any of the matters aforesaid any condition which is unreasonable, and, if any dispute arises whether a refusal of consent, or a refusal to make a loan or to give a guarantee, or any condition insisted upon, is or is not justifiable, the matter shall be referred to 1[an arbitrator appointed by the Chief Justice of India, whose decision shall be final].
Section 164. Loans by Federal Government to Federated States
164. Loans by Federal Government to Federated States.- The Federation may, subject to such conditions, if any, as it may think fit to impose, make loans to, or so long as any limits fixed under the last but one preceding section are not exceeded, give guarantees in respect of loans raised by, any Federated State.
Section 165. Application of Colonial Stock Acts to stocks issued by Federation
165. Application of Colonial Stock Acts to stocks issued by Federation.-1[***]
Section 166. Auditor-General of India
Audit and Accounts
166. Auditor-General of India.- (1) There shall be an Auditor-General of India, who shall be appointed by 1[Governor-General] and shall only be removed from office in like manner and on the like grounds as a Judge of the Federal Court.
(2) The conditions of service of the Auditor-General shall be such as may be prescribed by 2[Order of the Governor-General] and he shall not be eligible for further office under the Crown in India after he has ceased to hold his office:
Provided that neither the salary of an Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.
(3) The Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Federation and of the Provinces as may be prescribed by, or by rules made under, an Order of 3[Governor-General], or by any subsequent Act of the 4[Dominion] Legislature varying or extending such an Order:
Provided that no Bill or amendment for the purpose aforesaid shall be introduced or moved without the previous sanction of the Governor-General in his discretion.
(4) The salary, allowances and pension payable to or in respect of an Auditor-General shall be charged on the revenues of the 5[Dominion], and the salaries, allowances and pensions payable to or in respect of members of his staff shall be paid out of those revenues.
Section 167. Provincial Auditor-General
167. Provincial Auditor-General.- (1) If a Provincial Legislature 1[***] charging the salary of an Auditor-General for that Province on the revenues of the Province, an Auditor-General of the Province may be appointed by 2[Governor] to perform the same duties and to exercise the same powers in relation to the audit of the accounts of the Province as would be performed and exercised by the Auditor-General of India, if an Auditor-General of the Province had not been appointed:
Provided that no appointment of an Auditor-General in a Province shall be made until the expiration of at least three years from the date of the Act of the Provincial Legislature by which provision is made for an Auditor-General of that Province.
(2) The provisions of the last preceding section shall apply in relation to the Auditor-General of a Province and his staff as they apply in relation to the Auditor-General of India and his staff, subject to the following modifications that is to say-
(a) a person who is, or has been, Auditor-General of a Province shall be eligible for appointment as Auditor-General of India;
(b) in 3[sub-sections (2) and (3)] of the said section, for the reference to the Federal Legislature there shall be substituted a reference to the Provincial Legislature, and for the reference to the Governor-General there shall be substituted a reference to the Governor; and
(c) in sub-section (4) of the said section for the reference to the revenue of the Federation there shall be substituted a reference to revenues of the Province:
Provided that nothing in this section shall derogate from the power of the Auditor-General of India to give such directions in respect to the accounts of Provinces as are mentioned in the next succeeding section.
Section 168. Power of Auditor-General of India to give directions as to accounts
168. Power of Auditor-General of India to give directions as to accounts.- The accounts of the Federation shall be kept in such form as the Auditor-General of India may, with the approval of the Governor-General, prescribe and, in so far as the Auditor-General of India may, with the like approval, give any directions with regard to the methods or principles in accordance with which any accounts of Provinces ought to be kept, it shall be the duty of every Provincial Government to cause accounts to be kept accordingly.
Section 169. Audit reports
169. Audit reports.- The reports of the Auditor-General of India relating to the accounts of the Federation shall be submitted to the Governor-General, who shall cause them to be laid before the Federal Legislature, and the reports of the Auditor-General of India or of the Auditor-General of the Province, as the case may be, relating to the accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Legislature.
Section 170. Auditor of Indian Home Accounts
170. Auditor of Indian Home Accounts.-1[***]
Section 171. Audit of accounts relating to the discharge of the functions of the Crown in relation to Indian States
171. Audit of accounts relating to the discharge of the functions of the Crown in relation to Indian States.-1[***]
Section 172. Vesting of lands and buildings
Chapter 3 - Property, Contracts, Liabilities and Suits
Chapter III
PROPERTY, CONTRACTS, LIABILITIES AND SUITS
172. Vesting of lands and buildings.-1[***]
Section 173. Provisions as to other property
173. Provisions as to other property.-1[***]
Section 174. Property accruing by escheat or lapse, or as bona vacantia
174. Property accruing by escheat or lapse, or as bona vacantia.- Subject as hereinafter provided, any property in India accruing to His Majesty by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it is property situate in a Province, vest in His Majesty for the purposes of the government of that Province, and shall in any other case vest in His Majesty for the purpose of the government of the Federation.
Provided that any property which at the date when it accrued to His Majesty was in the possession or under the control of the Federal Government or the Government of a Province shall, according as the purposes for which it was then used or held were purposes of the Federation or of a Province, vest in His Majesty for the purposes of the Government of the Federation or for the purposes of the government of that Province.
Section 175. Power to acquire property and to make contracts, etc
175. Power to acquire property and to make contracts, etc.- (1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in His Majesty for the purposes of the government of the Federation or of the Province, as the case may be, and to the purchase or acquisition of property on behalf of His Majesty for those purposes respectively, and to the making of contracts:
1[***]
(2) All property acquired for the purposes of the Federation or of a Province 2[***], as the case may be, shall vest in His Majesty for those purposes.
(3) 3[***], all contracts made in the exercise of the executive authority of the Federation or of a Province shall be, expressed to be made by the Governor-General, or by the Governor of the province, as the case may be, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the Governor-General or Governor by such persons and in such manner as he may direct or authorise.
(4) Neither the Governor-General, nor the Governor of a Province, nor the Secretary of State shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Act, or for the purposes of the Government of India Act or of any Act repealed thereby, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
Section 176. Suits and proceedings
176. Suits and proceedings.- (1) The Federation may sue or be sued by the name of the Federation of India and a Provincial Government may sue or be sued by the name of the Province, and, without prejudice to the subsequent Provisions of this chapter, may, subject to any provisions which may be made by Act of the Federal or a Provincial Legislature enacted by virtue of powers conferred on that Legislature by this Act, sue or be sued in relation to their respective affairs in the like cases as the Secretary of State in Council might have sued or been sued if this Act had not been passed.
(2)1[***]
Section 177. Existing contracts of Secretary of State in Council
177. Existing contracts of Secretary of State in Council.-1[***]
Section 178. Special provisions as to existing loans, guarantees and other financial obligations
178. Special provisions as to existing loans, guarantees and other financial obligations.-1[***].
(3) No deduction in respect of taxation imposed by or under any existing Indian law or any law of the Federal or a Provincial Legislature shall be made from any payment of principal or interest in respect of any securities, the interest whereon is payable in sterling, being a payment which would, but for the provisions of this Act, 2[and of the Indian Independence Act, 1947] have fallen to be made by the Secretary of State in Council.
(4) If in the case of any Local Government in India there are outstanding immediately before the commencement of Part III of this Act any loans or other financial obligations secured upon the revenues of the Province, all liabilities in respect of those loans and obligations shall, as from that date, be liabilities of the Government of and shall be secured upon the revenues of, the corresponding Province under this Act.
(5) Any liabilities in respect of any such loan, guarantee or financial obligation as is mentioned in this section may be enforced in accordance with the provisions of the next succeeding section.
(6) The provisions of this section apply to the liabilities of the Secretary of State in Council in respect of the Burma Railways three per cent. Debenture Stock, but, save as aforesaid, do not apply to any liability solely in connection with the affairs of Burma or Aden.
Section 179. Legal proceedings as to certain matters
179. Legal proceedings as to certain matters.-1[***]
Section 180. Contracts in connection with functions of Crown in its relations with Indian States
180. Contracts in connection with functions of Crown in its relations with Indian States.-1[***]
Section 181. Executive authority in respect of railways to be exercised by Federal Railway Authority
Part VIII
THE FEDERAL RAILWAY AUTHORITY
181. Executive authority in respect of railways to be exercised by Federal Railway Authority.-1[***]
Section 182. Composition, etc., of Railway Authority
182. Composition, etc., of Railway Authority.-1[***]
Section 183. Directions and principles to be observed by Railway Authority
183. Directions and principles to be observed by Railway Authority.-1[***]
Section 184. Conduct of business between Railway Authority and Federal Government
184. Conduct of business between Railway Authority and Federal Government.-1[***]
Section 185. Acquisition and sale of land, contracts and working agreements
185. Acquisition and sale of land, contracts and working agreements.-1[***]
Section 186. Finance of the Railway Authority
186. Finance of the Railway Authority.-1[***]
Section 187. Provisions as to certain obligations of the Railway Authority
187. Provisions as to certain obligations of the Railway Authority.-1[***]
Section 188. Investment of funds of Railway Authority
188. Investment of funds of Railway Authority.-1[***]
Section 189. Special provisions as to certain existing funds
189. Special provisions as to certain existing funds.-1[***]
Section 190. Audit and annual reports
190. Audit and annual reports.-1[***]
Section 191. Railway Rates Committee
191. Railway Rates Committee.-1[***]
Section 192. Bills and amendments for regulating rates and fares to require recommendation of Governor-General
192. Bills and amendments for regulating rates and fares to require recommendation of Governor-General.-1[***]
Section 193. Obligation of Railway Authority and Federated States to afford mutual traffic facilities and to avoid unfair discrimination, etc
193. Obligation of Railway Authority and Federated States to afford mutual traffic facilities and to avoid unfair discrimination, etc.-1[***]
Section 194. Appeal by State to Railway Tribunal from certain directions of Railway Authority
194. Appeal by State to Railway Tribunal from certain directions of Railway Authority.-1[***]
Section 195. Construction and reconstruction of railways
195. Construction and reconstruction of railways.-1[***]
Section 196. Railway Tribunal
196. Railway Tribunal.-1[***]
Section 197. Rights of railway companies in respect of arbitration under contracts
197. Rights of railway companies in respect of arbitration under contracts.-1[***]
Section 198. Railways in Indian States which have not federated
198. Railways in Indian States which have not federated.-1[***]
Section 199. Official directors of Indian railway companies
199. Official directors of Indian railway companies.-1[***]
Section 200. Establishment and constitution of Federal Court
Chapter 1 - The Federal Court
Part IX
THE JUDICATURE
Chapter I1
THE FEDERAL COURT
200. Establishment and constitution of Federal Court.- (1) There shall be a Federal Court consisting of a Chief Justice of India and such number of other Judges as 2[the Governor-General] may deem necessary, but unless and until an address has been presented by the Dominion Legislature to the Governor-General for submission to His Majesty praying for an increase in the number of Judges, the number of puisne Judges shall not exceed six.
(2) Every Judge of the Federal court shall be appointed by 3[order of the Governor-General] by warrant under the Royal Sign Manual and shall hold office until he attains the age of sixty-five years:
Provided that-
(a) a Judge may by resignation under his hand addressed to the Governor-General resign his office;
(b) a Judge may be removed from his office by 4[order of the Governor-General] on the ground of misbehaviour or of infirmity of mind or body, if the Judicial Committee of the Privy Council, or reference being made to them by 5[***], report that the Judge ought on any such ground to be removed.
(3) A person shall not be qualified for appointment as a Judge of the Federal Court unless he-
(a) has been for at least five years a Judge of a High Court 6[***]; or
(b) is a barrister of England or Northern Ireland of at least ten years standing, or a member of the Faculty of Advocates in Scotland of at least ten years standing; or
(c) has been for at least ten years a pleader of a High Court in British India or in a Federal State or of two or more Courts in succession:
Provided that-
(i) 7[***]
(ii) in relation to the Chief Justice of India, for the reference in paragraphs (b) and (c) of this sub-section to ten years there shall be substituted reference to fifteen years.
In computing for the purposes of this sub-section the standing of a barrister or a member of the Faculty of Advocates, or the period during which a person has been a pleader, any period during which a person has held judicial office after he became a barrister, a member of the Faculty of Advocates or a pleader, as the case may be, shall be included.
8[In this sub-section the expression ‘High Court’ includes a High Court in an ecceding State and any Court which was a High Court in British India.]
(4) Every person appointed to be a Judge of the Federal Court shall, before he enters upon his office, make and subscribe, before the Governor-General or some person appointed by him an oath according to the form set out in that behalf in the Fourth Schedule to this Act.
Section 201. Salaries, etc., of Judges
201. Salaries, etc., of Judges.- The Judges of the Federal Court shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment, and travelling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by 1[the Governor-General]:
Provided that neither the salary of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.
Section 202. Temporary appointment of acting Chief Justice
202. Temporary appointment of acting Chief Justice.- If the office of Chief Justice of India becomes vacant, or if the Chief Justice is, by reason of absence or for any other reason, unable to perform the duties of his office, these duties shall, until some person 1[permanently appointed] to the vacant office has entered on the duties thereof, or until the Chief Justice has resumed his duties, as the case may in his discretion appoint 2[as acting Chief Justice].
3[(2) If the office of any other Judge of the Federal Court becomes vacant, or if any such Judge is appointed to act temporarily as Chief Justice of India or is by reason of absence, or for any other reason, unable to perform the duties of his office, the Governor-General may in his discretion appoint a Judge of a High Court who is duty qualified for appointment as a Judge of the Federal Court to act temporarily as a Judge of that court, and the person so appointed shall, unless the Governor-General in his discretion thinks fit to revoke his appointment, be deemed to be a Judge of the Federal Court until some person 4[permanently appointed] to the vacant office has entered on the duties thereof, or until the permanent Judge has resumed his duties.]
5[(3) If the governor-General in his discretion is satisfied, after considering a report from the Chief Justice of India-
(a) that in view of some personal interest which any Judges of the Federal Court has in the decision of any particular case, or of some part which any Judge of the Federal court has already taken, as Judge or counsel of otherwise, in or in relation to any particular case (whether or not while it was before the Federal Court), that Judge ought not to take in the hearing and determination therefore, and
(b) that without that Judge there are not sufficient Judge of the Federal Court available to sit for that purpose,
the Governor-General may in his discretion appoint a Judge of a High Court who is duty qualified for appointment as Judge of the Federal Court to act temporarily as a Judge of that Court and the person so appointed shall, unless the Governor-General in his discretion thinks fit to revoke his appointment, be deemed to be a Judge of the Federal Court until that case has been heard and determined by the Federal Court].
Section 203. Seal of Federal Court
203. Seal of Federal Court.- (1) The Federal Court shall be a court of record and shall sit in Delhi and at such other place pr places, if any, as the Chief Justice of India may, with the approval of the Governor-General, from time to time.
Section 204. Original jurisdiction of Federal Court
204. Original jurisdiction of Federal Court.- (1) Subject to the provisions of this Act, the Federal Court shall, to the exclusion of any other court, have an original jurisdiction in any dispute between any two or more of the following parties, that is to say, the Federation, any of the Provinces or any of the Federated States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:
Provided that the said jurisdiction shall not extend to-
(a) a dispute to which a State is a party, unless the dispute-
(i) concerns the interpretation of this Act or of an Order in Council made thereunder 1[before the date of the establishment of the Dominion or of an order made thereunder on or after that date, or the interpretation of the Indian Independence Act, 1947, or of any order made thereunder], or the ertent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of that State; or
(ii) arises under an agreement made under Part VI of this Act in relation to the administration in that State of a law of the Federal Legislature, or otherwise concerns some matter with respect to which the Federal Legislature has power to make laws for that State; or
2[(iii) arises under an agreement between that State and the Dominion or a Province, being an agreement which expressly provides that the said jurisdiction shall extend to such a dispute, and in the case of an agreement with a Province, has been made with the approval of the Governor-General;]
(b) a dispute arising under any agreement which expressly provides that the said jurisdiction shall not extend to such a dispute.
(2) The Federal Court in the exercise of its original jurisdiction shall not pronounce any judgment other than a declaratory judgment.
Section 205. Appellate jurisdiction of Federal Court in appeals from High Courts in British India
1205. Appellate jurisdiction of Federal Court in appeals from High Courts in British India.- (1) An appeal shall lie to the Federal Court from any judgment, decree or final order of a High Court 2[***], if the High Court certifies that the case involves a substantial question of law as to interpretation of this Act or any Order in Council made thereunder 3[before the date of the establishment of the Dominion or of an order made thereunder on or after that date, or the interpretation of the Indian Independence Act, 1947, or of any order made thereunder], and it shall be the duty of every High Court in British India to consider in every case whether or not any such question is involved and of its own motion to give or to withhold a certificate accordingly.
(2) Where such a certificate is given, any party in the case may appeal to the Federal Court on the ground that any such question as aforesaid has been wrongly decided, and on any ground on which that party could have appealed without special leave to His Majesty in Council if no such certificate had been given, and, with the leave of the Federal Court, on any other ground, and no direct appeal shall lie to His Majesty in Council, either with or without special leave.
Section 206. Power of Federal Legislature to enlarge appellate jurisdiction
206. Power of Federal Legislature to enlarge appellate jurisdiction.- (1) The Federal Legislature may by Act provide that in such civil cases as may be specified in the Act an appeal shall lie to the Federal Court from a judgment, decree or final order of a High Court 1[***] without any such certificate as aforesaid, 2[***]
(2) If the Federal Legislature makes such provision as is mentioned in the last preceding sub-section, consequential provision may also be made by Act of the Federal Legislature for the abolition in whole or in part of direct appeals in civil cases from High Courts 3[***] to His Majesty in Council, either with or without special leave.
(3) A Bill or amendment for any of the purposes specified in this section shall not be introduced into, or moved in, 4[***] the Federal Legislature without the previous sanction of the Governor-General 5[***].
Section 207. Appellate jurisdiction of Federal Court in appeals from High Courts in Federated States
207. Appellate jurisdiction of Federal Court in appeals from High Courts in Federated States.- (1) An appeal shall lie to the Federal Court from a High Court in a Federated State on ground that a question of law has been wrongly decided, being a question which concerns he interpretation of this Act or of an Order in Council made thereunder 1[before the date of the establishment of the Dominion or an order made therunder on or after that date, or concerns the interpretation of the Indian Independence Act, 1947, or of an order made thereunder or concerns] the extent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of that State, or arises under an agreement made under Part VI of this Act in relation to the administration in that State of a law of the Federal Legislature.
(2) An appeal under this section shall be by way of special case to be stated for the opinion of the Federal Court by the High Court, and the Federal Court may require a case to be so stated, and may return any case so stated in order that further facts may be stated therein.
Section 208. Appeals to His Majesty in Council
208. Appeals to His Majesty in Council.- An appeal may be brought to His Majesty in Council from a decision of the Federal Court-
(a) from any judgment of the Federal Court given in the exercise of its original jurisdiction in any dispute which concerns the interpretion of this Act or of an Order in Council made thereunder, 1[before the date of the establishment of the Dominion or an order made therunder on or after that date, or concerns the interpretation of the Indian Independence Act, 1947, or of an order made thereunder or concerns] the extent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of any State, or arises under an agreement made under Part VI of this Act in relation to the administration in any State of a law of the Federal Legislature, without leave; and
(b) in any other case, by leave of the Federal Court or of His Majesty in Council.
Section 209. Form of judgment on appeal
209. Form of judgment on appeal.- (1) The Federal Court shall, where it allows an appeal, remit the case to the court from which the appeal was brought with a declaration as the judgment decree or order which is to be substituted for the judgment, decree or ordered appealed against, and the court from which the appeal was brought shall give effect to the decision of the Federal Court.
(2) Where the Federal Court upon any appeal makes any order as to the costs of the proceedings in the Federal court, it shall, as soon as the amount of the costs to be paid is ascertained, transmit its order for the payment of that sum to the court from which the appeal was brought and that court shall give effect to the order.
(3) The Federal Court may, subject to such terms or conditions as it may think fit to impose, order a stay of execution in any case under appeal to the Court, pending the hearing of the appeal, and execution shall be stayed accordingly.
Section 210. Enforcement of decrees and orders of Federal Court and orders as to discovery, etc
210. Enforcement of decrees and orders of Federal Court and orders as to discovery, etc.- (1) All authorities, civil and judicial, throughout the Federation, shall, act in aid of the Federal Court.
(2) The Federal Court shall, as respects 1[***], have power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents or the investigation or punishment of any contempt of court, which any High Court 2[***] has power to make as respects the territory within its jurisdiction, and any such orders, and any orders of the Federal Court as to the costs of and incidental to any such orders, and any orders of the Federal Courts as to the costs of and incidental to any proceedings therein, shall be enforceable by all courts and authorities in every part of 3[a Governor's Province, Chief Commissioner's Province or of any Acceding] State as if they were orders duly made by the highest court exercising civil or criminal jurisdiction, as the case may be, in that part.
(3) Nothing in this section-
(a) shall apply to any such order with respect to costs as is mentioned in sub-section (2) of the last preceding section; or
(b) shall, as regards a Federal State, apply in relation to any jurisdiction exercisable by the Federal Court by reason only of the making by the Federal Legislature of such provision as is mentioned in this chapter for enlarging the appellate jurisdiction of the Federal Court.
Section 211. Letters of request to Federated States
211. Letters of request to Federated States.- Where in any case the Federal Court require a special case to be stated or re-stated by, or remit a case to, or order a stay of execution in a case from, a High Court in a Federal State, or require the aid of the civil or judicial authorities in a Federal State the Federal Court shall cause letters of request in that behalf to be sent to the Ruler of the State and the Ruler shall cause such communication to be made to the High Court or to any judicial or civil authority as the circumstances may require.
Section 212. Law declared by Federal Court and Privy Council to be binding on courts
212. Law declared by Federal Court and Privy Council to be binding on courts.- The law decided by Federal Court and by any judgment of the Privy Council shall, so far as applicable, be recognised as binding on and shall be followed by all courts in 1[a Governor's Province or Chief Commissioner's Province], and, so far as respects the application and interpretation of this Act or any Order in Council 2[or order thereunder, or of the Indian Independence Act, 1947 or of any order thereunder] or any matter with respect to which the Federal Legislature has power to make laws in relation to the State, in any Federated State.
Section 213. Power of Governor-General to consult Federal Courts
213. Power of Governor-General to consult Federal Courts.- (1) If at any time it appears to the Governor-General that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Federal Court upon it, he may 4c 1[***] refer the question to that court for consideration, and the court may, after such hearing as they think fit, report to the Governor-General thereon.
(2) No report shall be made under this section save in accordance with an opinion delivered in open court with concurrence of a majority of the Judges present at the hearing to the case, but nothing in this sub-section shall be deemed to prevent a Judge who does not concur from delivering a dissenting opinion.
Section 214. Rules of court, etc
214. Rules of court, etc.- (1) The Federal Court may from time to time, with the approval of the Governor-General in his discretion, make rules1 of court for regulating generally the practice and procedure of the court, including rules as to the persons practising before the court, as to the time within which appeals to the court, are to be entered, as to the costs of and incidental to any proceedings in the court, and as to the fees to be charged in respect of proceedings therein, and in particular may make rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay.
(2) Rules made under this section may fix the minimum number of Judges who are to sit for any purposes, so however that no case shall be decided by less than three Judges:
Provided that, if the Federal Legislature makes such provisions as is mentioned in this chapter for enlarging the appellate jurisdiction of the court, the rules shall provide for the constitution of a special division of the court for the purpose of deciding all cases which would have been within the jurisdiction of the court even if its jurisdiction had not been so enlarged.
(3) Subject to the provisions of any rules of court, the Chief Justice of India shall determine what Judges are to constitute any division of the court and what Judges are to sit for any purpose.
(4) No judgment shall be delivered by the Federal Court save in open court and with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this sub-section shall be deemed to prevent a Judge who does not concur form delivering a dissenting judgment.
(5) All proceedings in the Federal Court shall be in the English language.
Section 215. Ancillary powers of Federal Court
1215. Ancillary powers of Federal Court.- The Federal Legislature may make provision by Act for conferring upon the Federal Court such supplemental powers not inconsistent with any of the provisions this Act as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this Act.
Section 216. Expenses of Federal Courts
216. Expenses of Federal Courts.- (1) The administrative expenses of the Federal Court, including all salaries, allowance and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of the Federation, and any fees or other moneys taken by the court shall form part of those revenues.
(2) 1[***]
Section 217. Construction of references to High Court in States
217. Construction of references to High Court in States.- References in any provision of this Part of this Act to a High Court in a Federated State shall be construed as reference to any court which 1[Governor-General] may, after communication with the Ruler of the State, declare to be a High Court for the purposes of that provision.
Section 218. Savings
218. Savings.- Nothing in this chapter shall be construed as conferring, or empowering that Federal Legislature to confer, any right of appeal to the Federal Court in any case in which a High Court 1[***] is exercising jurisdiction on appeal from a court outside 2[Governor-General] India, or as affecting any right of appeal in any such case to His Majesty in Council with or without leave.
Section 219. Meaning of "High Court"
Chapter 2 - The High Courts in India
Chapter II1
THE HIGH COURTS IN 2[***] INDIA
219. Meaning of "High Court".- (1) The following courts shall in relation to British India be deemed to be High Courts for the purposes of this Act, that is to say, the High Courts in Calcutta, Madras, Bombay, Allahabad, 3[Patna and Nagpur, the High Court of East Punjab, the Chief Court in Oudh], any other court in British India constituted or reconstituted under the chapter as a High Court, and any other comparable court in British India which 4[an Act of the appropriate Legislature] may declare to be a High Court for the purposes of this Act:
5[Provided that, if provisions 6[is made by His Majesty by Letters Patent for the establishment of a High Court to replace any court mentioned in this sub-section, then, as from].
(2) The provisions of this chapter shall apply to every High Court in British India.
7[(3) In this Chapter, ‘India’ means the territories comprised in the Governors' Provinces and Chief Commissioners' Provinces, and does not include any Acceding State]
Section 220. Constitution of High Courts
220. Constitution of High Courts.- (1) Every High Court shall be a court of record and shall consist of a chief justice and such other Judges as 1[Govrnor-General] may from time to time deem it necessary to appoint:
Provided that the Judges so appointed together with any additional Judges appointed by the Governor-General in accordance with the following provisions of this chapter shall at no time exceed in number such maximum number as 2[the Governor-General may by order fix] in relation to that court.3
(2) Every Judge of a High Court shall be appointed by 4[Govrnor-General] and shall hold office until he attains the age of sixty years:
Provided that-
(a) a Judge may, by resignation under his hand addressed to the Governor resign his office:
(b) a Judge may be removed from his office by 5[Govrnor-General] on the ground of misbehaviour or of infirmity of mind or body if the Judicial Committee of the Privy Council, on reference being made to them6[***], report that the Judge report ought on any such ground to be removed.
7[(c) the office of a Judge shall be vacated by his being appointed 8[***] to be a Judge of the Federal Court or of another High court.]
(3) A person shall not be qualified for appointment as a Judge of a High Court unless he-
(a) is a barrister of England or Northern Ireland, of at least ten years standing, or a member of the Faculty of Advocates in Scotland of at least ten years standing, or
(b) is a member of the Indian Civil Services of at least ten years standing, who was for at least three years served as, or exercised the powers of, a district Judge; or
(c) has for at least five years held a judicial office in British India not inferior to that of a subordinate Judge, or Judge of a small cause court: or
(d) has for at least ten years been a pleader or of any High Court, or of two or more such Courts in succession:
9[***] 10[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 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 judicial office in India, as the case may be, shall be included.]
(4) Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor, or some person appointed by him an oath according to the form set out in that behalf in the Fourth Schedule to this Act.
Section 221. Salaries, etc., Judges
221. Salaries, etc., Judges.- The Judges of the several High Courts shall be entitled to such salaries and allowances, including allowances for expenses in respect of equipment and travelling upon appointment, and to such rights in respect of leave and pensions, as may from time to time be fixed by 1[order of the Governor-General]2:
Provided that neither the salary of a Judge, nor his rights in respect of leave of absence or pension, shall be varied to his disadvantage after his appointment.
Section 222. Temporary and additional Judges
222. Temporary and additional Judges.- (1) If the office of Chief Justice of a High Court becomes vacant, or if any such Chief Justice is by reason of absence, or for any other reason, unable to perform the duties of his office, those duties shall, until some person, 1[permanently appointed] to the vacant office has entered on the duties therefore, or until the chief justice has resumed his duties, as the case may be, be performed by such one of the other Judges of the court as the Governor-General may 2[***] think fit appoint 3[as acting chief justice].
(2) If the office of any other Judge of a High Court becomes vacant, or if any such Judge is appointed to act temporarily as a chief justice, or is by reason of absence, or for any other reason, unable to perform the duties of his office, the Governor-General may 4[***] appoint a person duly qualified for appointment as a Judge to act as a Judge of that court, and the person so appointed shall, unless the Governor-General 5[***] thinks fit to revoke his appointment, be deemed to be a Judge of that Court until some person 6[permanently appointed] to the vacant office has entered on the duties therefore, until the permanent Judge has resumed his duties.
(3) If by reason of any temporary increase in the business of any High Court or by reason of arrears of work in any such Court it appears to the Governor-General that the number of the Judges of the Court should be for the time being increased, the Governor-General 7[***] may, subject to the foregoing provisions of this chapter with respect to the maximum number of Judges, appoint persons duly qualified for appointment as Judges to the additional Judges of the Court for such period not exceeding two years as he may specify.
Section 223. Jurisdiction of existing High Courts
223. Jurisdiction of existing High Courts.- Subject to the provisions of this Part of this Act, to the provisions of any Order in Council made under this or any other Act and to the provisions of any Act of the appropriate Legislature enacted by virtue of powers conferred on that Legislature by this Act, the jurisdiction of and the law administered in, any existing High Court, and the respective powers of the Judges thereof in relation to the administration of justice in the court, including any power to make rules of Court and to regulate the sittings of the Court and of members thereof sitting alone or in division courts, shall be the same as immediately before the commencement of Part III of this Act.
Section 224. Administrative functions of High Courts
224. Administrative functions of High Courts.- (1) Every High Court shall have superintendence over all courts in India for the time being subject to its appellate jurisdiction, and may do any of the following things, that is to say,-
(a) call for returns;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts;
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts; and
(d) settle tables of fees to be allowed to the sheriff, attorneys, and all clerks and officers of courts:
Provided that such rules, forms and tables shall not be inconsistent with the provision of any law for the time being in force and shall require the previous approval of the Governor.
(2) Nothing in this section shall be construed as giving to a High Court any jurisdiction to question any judgment of any inferior court which is not otherwise subject to appeal or revision.
Section 225. Transfer of certain cases to High Court for trial
225. Transfer of certain cases to High Court for trial.- (1) If on an application made in accordance with the provisions of this section a High Court is satisfied that a case pending in an inferior court, being a case which the High Court has power to transfer to itself for trial, involves or is likely to involve the question of the validity of any Federal or Provincial Act, it shall exercise that power.
(2) An application for the purposes of this section shall not be made, except in relation to a Federal Act, by the Advocate-General, for the Federation and, in relation to a Provincial Act, by the Advocate-General for the Federation or the Advocate-General for the Province.
Section 226. Jurisdiction in revenue matters
226. Jurisdiction in revenue matters.- (1) Until otherwise provided by Act of the appropriate legislature, no High Court shall have any original jurisdiction in any matter concerning the revenue, or concerning any act ordered or done in the collection thereof according to the usage and practice of the country or the law for the time being in force.
(2) A Bill or amendment for making such provision as aforesaid shall not be introduced into or moved in a Chamber of the Federal or a Provincial Legislature without the previous sanction of the Governor-General in his discretion or, as the case may be, of the Governor in his discretion.
Section 227. Proceedings of High Courts to be in English
227. Proceedings of High Courts to be in English.- All proceedings in every High Court shall be in the English language.
Section 228. Expenses of High Courts
228. Expenses of High Courts.- (1) The administrative expenses of a High Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court and the salaries and allowances of the Judges of the Court shall be charged upon the revenue of the Province, and any fees or other moneys taken by the Court shall form part of those revenues.
1[***]
Section 229. Power of His Majesty to constitute or reconstitute High Court by letters patent
229. Power of His Majesty to constitute or reconstitute High Court by letters patent.- (1) His Majesty, if the Chamber or Chambers of the Legislature of any Province present an address in that behalf to the Governor of the Province for submission to His Majesty, may by letters patent constitute a High Court for that Province or any part thereof or reconstitute in like manner any existing High Court for that Province or for any part thereof, or, where there are are two High Courts in that Province, amalgamate those courts.
(2) Where any Court is reconstituted, or two Courts are amalgamated, as aforesaid, the letters patent shall provide for the continuance in their respective offices of the existing Judges, officers and servants of the Court or Courts, and for the carrying on before the reconstituted Court or the new Court of all pending matters, and may contain such other provisions as may appear to His Majesty to be necessary by reason of the reconstitution or amalgamation.
Section 230. Extra provincial jurisdiction of High Courts
230. Extra provincial jurisdiction of High Courts.- (1) 1[Governor-General] may, if satisfied that an agreement in that behalf has been made between the Governments concerned, 2[by order] extend the jurisdiction of a High Court in any Province to any area in 3[***] India not forming part of that Province and the High Court shall thereupon have the same jurisdiction in relation to that area as it has in relation to any other in relation to which it exercises jurisdiction.
(2) Nothing in this section affects the provisions of any law or letters patent in force immediately before the commencement of Part III of this Act empowering any High Court to exercise jurisdiction in relation to more than one Province or in relation to a Province and an area not forming part of any Province.
(3) Where a High Court exercises jurisdiction in relation to any area or areas outside the Province in which it has its principal seat, nothing in this Act shall be construed-
(a) as empowering the Legislature of the Province in which the Court has its principal seat to increase, restrict or abolish that jurisdiction; or
(b) as preventing the Legislature having power to make laws in that behalf for any such area from passing such laws with respect to the jurisdiction of the Court in relation to that area as it would be competent to pass if the principle seat of the Court were in that area.
Section 231. Saving and definitions
231. Saving and definitions.- (1) Any Judge appointed before the commencement of Part III of this Act to any High Court shall continue in office and shall be deemed to have been appointed under this Part of this Act, but shall not by virtue of this Act be required to relinquish his office at any earlier age than he would have been required so to do, if this Act had not been passed.
(2) Where a High Court exercises jurisdiction in relation to more than one Province or in relation to a Province and an area not forming part of a Province, reference in this chapter to the Governor in relation to the Judges 1[***] of a High Court and references to the revenues of the Province shall be construed as references to the Governor and the revenues of the Province in which the Court has its principal seat, and the reference to the approval by the Governor of rules, forms and tables for subordinate courts shall be construed as a reference to the approval thereof by the Governor of the Province in which the subordinate court is situate, or, if it is situate in an area not forming part of a Province, by the Governor-General.
Section 232. Pay, etc., of Commander in-Chief
Chapter 1 - Defence Services
Part X1
THE SERVICES OF THE CROWN IN INDIA
Chapter I
DEFENCE SERVICES
232. Pay, etc., of Commander in-Chief.-2[***]
Section 233. Control of His Majesty as to Defence appointments
233. Control of His Majesty as to Defence appointments.-1[***]
Section 234. Eligibility for commissions in Indian Forces
234. Eligibility for commissions in Indian Forces.-1[***]
Section 235. Control of Secretary of State with respect to conditions of service
235. Control of Secretary of State with respect to conditions of service.-1[***]
Section 236. Saving of rights of appeal
236. Saving of rights of appeal.-1[***]
Section 237. Pay, etc., of members of forces to be charged on Federal revenues
237. Pay, etc., of members of forces to be charged on Federal revenues.-1[***]
Section 238. Provisions as to certain civilian personnel
238. Provisions as to certain civilian personnel.-1[***]
Section 239. King's India cadetships
239. King's India cadetships.-1[***]
Section 240. Tenure of office of persons employed in civil capacities in India
Chapter II
CIVIL SERVICES - GENERAL PROVISIONS
240. Tenure of office of persons employed in civil capacities in India.- (1) Except as expressly provided by this Act, every person who is a member of a civil service of the Crown in India, or holds any civil post under the Crown in India, holds office during His Majesty's pleasure.
(2) No such person as aforesaid shall be dismissed from the service of His Majesty by any authority subordinate to that by which he was appointed.
(3) No such person as aforesaid 1[who having been appointed by the Secretary of State or the Secretary of State in Council continues after the establishment of the Dominion to serve under the Crown in India shall be dismissed from the service of His Majesty by any authority subordinate to the Governor-General or the Governor according as that person is serving in connection with the affairs of the Dominion or of a Province, and no other such person as aforesaid] shall be dismissed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this sub-section shall not apply-
(a) where a person is dismissed or reduced or in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where an authority empowered to dismiss a person or reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause.
(4) Notwithstanding that a person holding a civil post under the Crown in India holds office His Majesty's pleasure, any contract under which a person, not being a member of a civil service of the Crown in India, is appointed under this Act to hold such a post may, if the Governor-General, or, as the case may be, the Governor, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on his part, required to vacate that post.
Section 241. Recruitment and conditions of service
241. Recruitment and conditions of service.- (1) Except as expressly provided by this Act, appointments to the civil services of, and civil posts under the Crown in India, shall, 1[***], be made-
(a) in the case of services of the Federation, and posts in connection with the affairs of the Federation, by the Governor-General or such person as he may direct;
(b) in the case of services of a Province, and posts in connection with the affairs of the Federation, by the Governor-General or such person as he may direct.
(2) Except as expressly provided by this Act, the conditions of service of persons serving His Majesty in a civil capacity 2[***] shall, subject to the provisions of this section, be such as may be prescribed-
(a) in the case of persons serving in connection with the affairs of the Federation, by rules made by the Governor-General or by some persons or person authorised by the Governor-General to make rules for the purpose;
(b) in the case of persons serving in connection with the affairs of a Province, by rules made by the Governor of the Province or by some person or persons authorised by the Governor to make rules for the purpose:
Provided that it shall not be necessary to make rules regulating the conditions of service of persons employed temporarily on the terms that their employment may be terminated on one month's notice or less, and nothing in this sub-section shall be construed as requiring the rules regulating the conditions of service of any class of persons to extend to any matter which appears to the rule-making authority to be a matter not suitable for regulation by rule in the case of that class.
(3) The said rules shall be so framed as to secure-
(a) that, in the case of a person who before the commencement of Part III of this Act, was serving His Majesty, in a civil capacity 3[***], no order which alters or interprets to his disadvantage any rule by which his conditions of service are regulated shall be made except by an authority which would have been competent to make such an order on the eighth day of March, nineteen hundred and twenty-six, or by 4[the Governor-General or the Governor as the case may be];
(b) that every such person as aforesaid shall have the same rights of appeal to the same authorities from any order which-
(i) punishes or formally censures him; or
(ii) alters or interprets to his disadvantage any rule by which his conditions of service are regulated; or
(iii) terminates his appointment otherwise than upon his reaching the age fixed for super-annuation,
as he would have had immediately before the commencement of Part III of this Act, or such similar rights of appeal to such corresponding authorities as may be directed by 5[the Governor-General or the Governor as the case may be];
(c) that every other person serving His Majesty in a civil capacity 6[***] shall have at least one appeal against any such order as aforesaid, not being an order of the Governor-General or a Governor.
(4) Notwithstanding anything in this section, but subject to any other provision of this Act, Acts of the appropriate Legislature in India may regulate the conditions of service of persons serving His Majesty in a civil capacity in India and any rules made under this section shall have effect subject to the provisions of any such Act.
Provided that nothing in any such Act shall have effect so as to deprive any person of any rights required to be given to him by the provisions of the last preceding sub-section.
(5) No rules made under this section and no Act of any Legislature 7[***] shall be construed to limit or abridge the power of the Governor-General or a Governor to deal with the case of any person serving His Majesty in a civil capacity 8[***] in such manner as may appear to him to be just and equitable:
Provided that, where any such rule or Act is applicable to the case of any person, the case shall not be dealt with in any manner less favourable to him than that provided by that rule or Act.
Section 242. Application of preceding section to railway, customs, postal and telegraph services and officials of courts
242. Application of preceding section to railway, customs, postal and telegraph services and officials of courts.- (1)1[***]
(2) 2[***]
(3) In framing the rules for the regulation of recruitment to posts in the 3[railway] customs, postal and telegraph services, the Governor-General or person authorised by him in that behalf shall have due regard to the post association of the Anglo-Indian community with the said services, and particularly to the specific class, character and numerical percentages of the posts previously held in the said services by members of the said community and to the remuneration attaching to such posts.
(4) In its application to appointments to, and to persons serving on, the staff attached to the Federal Court or the staff attached to a High Court, he said section shall have effect as if, in the case of the Federal Court, for any reference to the Government-General in paragraph (a) of sub-section (1), in paragraph (a) of sub-section (2) and in sub-section (5) there were substituted a reference to the Chief Justice of India and as if, in the case of a High Court, for any reference to the Governor in paragraph (b) of section (1), in paragraph (a) of sub-section (2) and in sub-section (5) there was substituted a reference to the Chief Justice of the Court.
Provided that-
(a) in the case of the Federal Court, the Governor-General and, in the case of a High Court, the Governor may in his discretion require that in such cases as he may in his discretion direct no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the Federal Public Service Commission, or the Provincial Public Service Commission, as the case may be;
(b) rules made under the said sub-section (2) by a Chief Justice shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor-General or, as the case may be, the Governor.
Section 243. Special provisions as to police
243. Special provisions as to police.- Notwithstanding anything in the foregoing provisions of this chapter, the conditions of service of the subordinate ranks of the various police forces in Indian shall be such as may be determined by or under the Acts relating to those forces respectively.
Section 244. Services recruited by Secretary of State
Recruitment by Secretary of State and provisions as to certain posts
244. Services recruited by Secretary of State.-1[***]
Section 245. Special provision as to irrigation
245. Special provision as to irrigation.-1[***]
Section 246. Reserved posts
246. Reserved posts.-1[***]
Section 247. Conditions of service, pensions, etc., of persons recruited by Secretary of State
247. Conditions of service, pensions, etc., of persons recruited by Secretary of State.-1[***]
Section 248. Rights in respect of complaints, appeals, etc
248. Rights in respect of complaints, appeals, etc.-1[***]
Section 249. Compensation
249. Compensation.-1[***]
Section 250. Application of four last preceding sections to persons appointed by Secretary of State in Council, and certain other persons
Provisions as to persons appointed by Secretary of State in Council, persons holding reserved posts and commissioned officers in civil employment
250. Application of four last preceding sections to persons appointed by Secretary of State in Council, and certain other persons.-1[***]
Section 251. Staff of High Commissioner and Auditor of Indian Home Accounts
Special provisions as to staffs of the High Commissioner for India and the Auditor of Indian Home Accounts
251. Staff of High Commissioner and Auditor of Indian Home Accounts.-1[***]
Section 252. Conditions of service of existing staff of High Commissioner and Auditor of India Home Accounts
252. Conditions of service of existing staff of High Commissioner and Auditor of India Home Accounts.-1[***]
Section 253. Judges of the Federal Court and High Courts
Special Provisions as to Judicial Officers
253. Judges of the Federal Court and High Courts.- (1) The provisions of this chapter shall not apply to the Judges of the Federal Court or of any High Court:
Provided that-
(a) for the purposes of this section a member of any of the civil services of the Crown in India who is acting temporarily as a Judge of a High Court shall not be deemed to be a Judge of that Court;
(b) nothing in this section shall be construed as preventing the 1[orders of the Governor-General] relating to the salaries, leave and pensions of Judges of the Federal Court, or of any High Court, from applying to such of those Judges as were, before they were appointed Judges, members of a civil service of the Crown in India, such of the rules relating to that service as may appear to 2[the Governor-General] to be properly applicable in relation to them;
(c) nothing in this section shall be construed as excluding the office of Judge of the Federal Court or of a High Court from the operation of the provisions of this chapter with respect to the eligibility for civil office of persons who are not British subjects.
(2) Any pension which under the rules in force immediately before the commencement of Part III of this Act was payable to or in respect of any person who, having been a Judge of a High Court within the meaning of this Act 3[as originally enacted] or of the High Court at Rangoon, retired before the commencement of the said Part III shall, notwithstanding anything in this Act or the Government of Burma, Act, 1935 continue to be payable in accordance with those rules and shall be charged on the revenues of the Federation.
4[***]
Section 254. District Judges, etc
254. District Judges, etc.- (1) Appointments of persons to be, and the posting and promotion of, district Judges in any province shall be made by the Governor of the Province, exercising his individual judgment, and the High Court shall be consulted before a recommendation as to the making of any such appointment is submitted to the Governor.
(2) A person not already in the service of His Majesty shall only be eligible to be appointed a district Judge if he has been for not less than five years a barrister, a member of the Faculty of Advocates in Scotland, or a pleader and is recommended by the High Court for appointment.
(3) In this and the next succeeding section the expression "district Judge" includes additional district Judge, joint district Judge, assistant district Judge, chief Judge of a small cause court, chief presidency magistrate, sessions Judge, additional sessions Judge, and assistant sessions Judge.
Section 255. Subordinate civil judicial service
255. Subordinate civil judicial service.- (1) The Governor of each Province shall, after consultation with the Provincial Public Service Commission and with the High Court, make rules defining the standard of qualification to be attained by persons desirous of entering the subordinate civil judicial service of a Province.
In this section, the expression subordinate civil judicial service means a service consisting exclusively of persons intended to fill civil judicial posts inferior to the post of district Judge.
(2) The Provincial Public Service Commission for each Province, after holding such examinations, if any, as the Governor may think necessary, shall from time to time out of the candidates for appointment to the subordinate civil judicial service of the Province make a list of list of the persons whom they consider fit for appointment to that service, and appointment is that service shall be made by the Governor from time to time be made by him as to the number of persons in the said service who are to belong to the different communities in the Province.
(3) The posting and promotion of, and the grant of leave to, persons belonging to the subordinate civil judicial service of a Province and holding any post inferior to the post of district Judge, shall be in the hands of the High Court, but nothing in this section shall be construed as taking away from any such person the right of appeal required to be given to him by the foregoing provisions of this chapter, or as authorising the High Court to deal with any such person otherwise than in accordance with the conditions of his service prescribed thereunder.
Section 256. Subordinate criminal magistracy
256. Subordinate criminal magistracy.- No recommendation shall be made for the grant of magisterial powers or of enhanced magisterial powers to, or the withdrawal of any magisterial powers from, any person save after consultation with the district magistrate of the district in which he is working, or with the Chief Presidency Magistrate, as the case may be.
Section 257. Officers of political department
Special Provisions as to Political Department
257. Officers of political department.-1[***]
Section 258. Provision for protection of existing officers of certain Services
Provisions for the protection of certain existing officers
258. Provision for protection of existing officers of certain Services.-1[***]
Section 259. Provisions as to certain persons serving in or before 1924
259. Provisions as to certain persons serving in or before 1924.-1[***]
Section 260. General provisions as to persons retiring before commencement of Part III
260. General provisions as to persons retiring before commencement of Part III.- (1) Except as otherwise expressly provided in this chapter, any pension payable to or in respect of any person who, having been appointed to a civil service of, or a civil post under, the Crown in India, retired from the service of His Majesty before the 1[establishment of the Dominion shall if it would have been payable by the Government of any Province if the Indian Independence Act, 1947, had not been passed, be paid out of the revenues of that Province, or, if that Province has ceased to exist, of such new Province as may be determined by orders made under that Act, and in any other case shall be paid out of the revenues of the Dominion of India or Pakistan as may be so determined].
(2) Any pension payable to or in respect of any person who, having served in Burma or Aden, retired from an All-India Service, a Central Service Class I, a Central Service Class II. Railway Service Class I, or a Railway Service Class II, before the commencement of Part III of this Act shall be paid out of this revenues of the Federation, but save as aforesaid nothing in this section applies to any person who retired after service in Burma or Aden.
Section 261. Secretary of State to act with concurrence of his advisers
Miscellaneous
261. Secretary of State to act with concurrence of his advisers.-1[***]
Section 262. Eligibility for office of persons who are not British subjects
262. Eligibility for office of persons who are not British subjects.- (1) The Ruler or a subject of a Federated States shall be eligible to hold any civil office under the Crown in India in connection with the affairs of the Federation, and the Governor-General may declare that the Ruler or 1[any subject of a specified Indian State] which is not a Federated State, or 2[any named native of a tribal area of territory to India], shall be eligible to hold any such office, 3[***].
(2) The Governor of a Province may declare that the Ruler or 4[any subject of a specified Indian State] or 5[any named native of a tribal area of territory to India] shall be eligible to hold any civil office in connection with the affairs of the Province 6[***].
(3) 7[***]
(4) Subject as aforesaid and to any other express provisions of this Act, no person who is not a British subject shall be eligible to hold any office under the Crown in India:
Provided that-
8[(a) a person who at the end of March nineteen hundred and forty 9[was in the permanent service of the Crown in India (within the meaning of this Act as originally enacted)] shall not be ineligible to hold any office under the Crown in India by reason that he is not a British subject: and]
10[(b) the Governor-General or, in relation to a Province, the Governor may authorise the temporary employment for any purpose of a person who is not a British subject].
11[***]
Section 263. Joint services and posts
263. Joint services and posts.- If an agreement is made between the Federation and one or more Provinces, or between two or more Provinces, for the maintenance or creation of a service common to the Federation and one or more Provinces, or common to two or more Provinces or for the maintenance or creation of a post the functions whereof are not restricted to the affairs of the Federation or one Province, the agreement may make provision that the Governor-General or any Governor, or any Public Service Commission, shall do in relation to that service or post anything which would under the provisions of this chapter be done by the Governor or the Provincial Public Service Commission if the service or post was a service or post in connection with the affairs of one Province only.
Section 264. Public Service Commissions
Chapter 3 - Public Service Commissions
Chapter III
PUBLIC SERVICE COMMISSIONS
264. Public Service Commissions.- (1) Subject to the provisions of this section, there shall be a Public Service Commission for the Federation and a Public Service Commission for each Province.
(2) Two or more Provinces may agree-
(a) that there shall be one Public Service Commission for that group of Provinces; or a
(b) that the Public Service Commission for one of the Provinces shall serve the needs of all the Provinces,
and any such agreement may contain such incidental and consequential provisions as may appear necessary or desirable for giving effect to the purposes of the agreement and shall, in the case of an agreement that there shall be one Commission for a group of Provinces, specify by that Governor or Governors the functions which are under this Part of this Act to be discharged by the Governor of a Province are to be discharged.
(3) The Public Service Commission for the Federation if requested so to do by the Governor of a Province may, with the approval of the Governor-General, agree to serve all or any of the needs of the Province.
(4) References in this Act to the Federal Public Service Commission or a Provincial Public Service Commission shall, unless the context otherwise requires, be construed as references to the Commission serving the needs of the Federation or, as the case may be, the Province as respects the particular matter in question.
Section 265. Composition and staff of Commissions
265. Composition and staff of Commissions.- (1) The chairman and other members of a Public Service Commission shall be appointed, in the case of the Federal Commission by the Governor-General in his discretion, and in the case of a Provincial Commission, by the Governor of the Province in his discretion:
Provided that at least one-half of the members of every Public Service Commission shall be persons who at the dates of their respective appointments have held office for at least ten years under the Crown 1[***].
(2) In the case of the Federal Commission, the Governor-General in his discretion and, in the case of a Provincial Commission, the Governor of the Province in his discretion, may by regulations-
(a) determine the number of members of the commission, their tenure of office and their conditions of service; and
(b) make provision with respect to the numbers of staff of the commission and their conditions of service.
(3) On ceasing to hold office-
(a) the chairman of the Federal Commission shall be ineligible for further employment under the Crown in India;
(b) the chairman of a Provincial Commission shall be eligible for appointment as the chairman or a member of the Federal Commission, or as the chairman of another Provincial Commission, but not for any other employment under the Crown in India;
(c) no other member of the Federal or of any Provincial Commission shall be eligible for any other appointment under the Crown in India without the approval, in the case of an appointment in connection with the affairs of a Province, of the Governor of the Province in his discretion and, in the case of any other appointment, of the Governor-General in his discretion.
Section 266. Functions of Public Service Commissions
266. Functions of Public Service Commissions.- (1) It shall be the duty of the Federal and the Provincial Public Service Commissions to conduct examinations for appointments to the services of the Federation and the services of the Province respectively.
(2) It shall also be the duty of the Federal Public Service Commission, if requested by any two or more Provinces so to do, to assist those Provinces in framing and operating schemes of joint recruitment for their forest services, and any other services for which candidates possessing special qualifications are required.
(3) 1[***], the Governor-General in his discretion as respects 2[***] services and posts in connection with the affairs of the Federation, and the Governor in his discretion as respects other services and posts in connection with the affairs of a Province, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted but, subject to regulations so made and to the provisions of the next succeeding sub-section, the Federal Commission or, as the case may be, the Provincial Commission shall be consulted-
(a) on all matters, relating to methods of recruitment to civil services and for civil posts;
(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one services to another and on the suitability of candidates for such appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving His Majesty in a civil capacity in India, including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served His Majesty in a civil capacity in India that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the revenues of the Federation or, as the case may be, the Province;
(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving His Majesty in a civil capacity in India, and any question as to the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the Governor-General in his discretion, or, as the case may be, the Governor in his discretion, may refer to them.
(4) Nothing in this section shall require a Public Commission to be consulted as respects the manner in which appointments and posts are to be allocated as between 3[communities or in the case of the subordinate ranks of police forces], as respects any of the matters in paragraphs (a), (b) and (c) of sub-section (3) of this section.
Section 267. Power to extend functions of Public Service Commission
267. Power to extend functions of Public Service Commission.- Subject to the provisions of this section, an Act of the Federal Legislature or the Provincial Legislature may provide for the exercise of additional functions by the Federal Public Service Commission or, as the case may be, by the Provincial Public Service Commission:
Provided that-
(a) no Bill or amendment for the purposes aforesaid shall be introduced or moved without the previous sanction of the Governor-General in his discretion, or as the case may be, of the Governor 1[***]
(b) it shall be a term of every such Act that the functions conferred by it shall not be exercisable-
(i) in relation to any person appointed to a service or a posts by the Secretary of State or the Secretary of State in Council, any officer in His Majesty's Forces, or any holder of a reserved post, except with the consent of the Secretary of State or,
(ii) where the Act is a provincial Act, in relation to any person who is not a member of one of the services of the Province, except with the consent of the Governor-General].
Section 268. Expenses of Public Service Commissions
268. Expenses of Public Service Commissions.- The expenses of the Federal or a Provincial Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the revenues of the Federation or, as the case may be, the Province.
Provided that nothing in this section shall charge on the revenues of a Province any pension which is by virtue of the provisions of chapter II of this Part of this Act charged on the revenues of the Federation.
Section 269. Provisions as to chaplains
Chapter 4 - Chaplains
Chapter IV
CHAPLAINS
269. Provisions as to chaplains.-1[***]
Section 270. Indemnity for past acts
Chapter 5 - Chaplains
Chapter V
GENERAL
270. Indemnity for past acts.-1[***]
Section 271. Protection of public servants against prosecution and suits
271. Protection of public servants against prosecution and suits.- (1) No bill or amendment to abolish or restrict the protection afforded to certain servants of the Crown in India by section one hundred and ninety-seven of the 1[***] 2[Code of Criminal Procedure], or by sections eighty to eighty-two of the 3[***] 4[Code of Civil Procedure], shall be introduced or moved in 5[***] the Federal Legislature without the previous sanction of the Governor-General in his discretion, or in a Chamber of a Provincial Legislature without the pervious sanction of the Governor in his discretion.
6[***]
(3) Where a civil suit is instituted against a public officer, within the meaning of that expression as used in the 7[***] 8[Code of Civil Procedure], in respect of any act purporting to be done by him in his official capacity, the whole or any part of the costs incurred by him and of any damages or costs ordered to be paid by him shall, if the Governor-General exercising his individual judgment so directs in the case of a person employed in connection with the affairs of the Federation, or if the Governor exercising his individual judgment so directs in the case of a person employed in connection with the affairs of a Province, be defrayed out of and charged on the revenues of the Federation or of the Province as the case may be.
Section 272. Provisions as to payment of certain pensions and exemption of those pensions from taxation in India
272. Provisions as to payment of certain pensions and exemption of those pensions from taxation in India.-1[***]
Section 273. Provisions as to family pension funds
273. Provisions as to family pension funds.-1[***]
Section 274. Saving for certain Funds Acts
274. Saving for certain Funds Acts.-1[***]
Section 275. Persons not to be disqualified by sex for holding certain offices
275. Persons not to be disqualified by sex for holding certain offices.- A person shall not be disqualified by sex for being appointed to any civil service of, or civil post under, the Crown in India other than such a service or post as may be specified by any general or special order made-
(a) by the Governor-General in the case of services and posts in connection with the affairs of the Federation;
(b) by the Governor of a Province in the case of services and posts in connection with the affairs of the Province;
(c) 1[***]
Provided that any such agreement with respect to joint services and post as is mentioned in chapter II of this Part of this Act may provide for the powers conferred by this section on the Governor-General and the Governor of a Province being exercised, with respect to the services or posts to which the agreement applies, by the Governor-General or a specified Governor.
Section 276. Transitional provisions
276. Transitional provisions.- Until other provision is made under the appropriate provisions of this Part of this Act, any rules made under the Government of India Act relating to the civil services of, or civil posts under, the Crown in India which were in force immediately before the commencement of Part III of this Act, shall, notwithstanding the repeal of that Act, continue in force so far as consistent with this Act, and shall be deemed to be rules made under the appropriate provisions of this Act.
Section 277
277. (1) In this Part of this Act-
the expressions "All-India Service", "Central Service Class I" "Central Services Class II", "Railway Service Class I," "Railway Service Class II" and "Provincial Service" mean respectively the services which were immediately before the commencement of Part III of this Act, so described respectively in the classification rules then in force under section ninety-six B of the Government of India Act; and
references to dismissal from His Majesty's service include references to removal from His Majesty's service.
1[(2) References in this Part of this Act to persons appointed to a civil post under, service of, or a civil the Crown in India-
(a) include references to persons who, after service in India, Burma or Aden, retired from the service of His Majesty before the commencement of Part III of this Act;
(b) do not include references to persons so appointed who, after the commencement of Part III of this Act, become members of a civil service of, or hold civil posts under, the Crown in Burma or Aden].
2[(3) The inclusion in this part of this Act of provisions expressly requiring the Governor-General or a Governor to exercise his individual judgment with respect to any matter shall not be construed as derogating from the special responsibility of the Governor-General and the Governors for the securing to, and to the dependants of, persons who are or have been members of the public services of any rights provided or preserved for them by or under this Act and the safeguarding of their legitimate interests].
Section 278. Advisers to Secretary of State
Part XI1
THE SECRETARY OF STATE, HIS ADVISERS AND HIS DEPARTMENT
278. Advisers to Secretary of State.-2[***]
Section 279. Existing accounts of Secretary of State in Council with Bank of England
279. Existing accounts of Secretary of State in Council with Bank of England.-1[***]
Section 280. Organisation and expenses of India Office
280. Organisation and expenses of India Office.-1[***]
Section 281. Transfer for existing personnel
281. Transfer for existing personnel.-1[***]
Section 282. Contributions from revenues of Federation
282. Contributions from revenues of Federation.-1[***]
Section 283. Liability for pensions in respect of service before commencement of Part III
283. Liability for pensions in respect of service before commencement of Part III.-1[***]
Section 284. Provision as to certain India Office provident funds
284. Provision as to certain India Office provident funds.-1[***]
Section 284-A. Confirmation of appointments to India Office staff and staff of Auditor of India Home Accounts
284-A. Confirmation of appointments to India Office staff and staff of Auditor of India Home Accounts.-1[***]
Section 285. Saving for rights and obligations of the Crown in its relations with Indian States
Part XII1
MISCELLANEOUS AND GENERAL
The Crown and the Indian States
285. Saving for rights and obligations of the Crown in its relations with Indian States.-2[***]
Section 286. Use of His Majesty's forces in connection with discharge of the functions of the Crown in its relations with Indian States
286. Use of His Majesty's forces in connection with discharge of the functions of the Crown in its relations with Indian States.-1[***]
Section 287. Arrangement for Governors and Provincial staff to assist in discharging functions of Political Department
287. Arrangement for Governors and Provincial staff to assist in discharging functions of Political Department.-1[***]
Section 288. Aden
Aden
288. Aden.-1[***]
Section 289. Creation of new Provinces of Sind and Orissa
New Provinces and alterations of boundaries of Provinces
289. Creation of new Provinces of Sind and Orissa.-1[***]
Section 290. Creation of new Provinces and alterations of boundaries of Provinces
290. Creation of new Provinces and alterations of boundaries of Provinces.- (1) Subject to the provisions of this section, 1[the Governor-General may by Order]-
(a) create a new Province;
(b) increase the area of any Province;
(c) diminish the area of any Province;
(d) alter the boundaries of any Province;
Provided that, 2[before making any such Order the Governor-General shall ascertain the views of the Governments] of any Province which will be affected by the Order, both with respect to the proposal to make the Order and with respect to the provisions to be inserted therein.
3[(2) An Order made under this sub-section may contain such provisions as the Governor-General may deem necessary or proper-
(a) for varying the representation in the Dominion Legislature of any Governor's Province the boundaries of which are altered by the Order;
(b) for varying the composition or the Legislature of any such Province;
(c) where a new Governor's Province is created, for constituting the Legislature thereof;
(d) for apportionments and adjustments of and in respect of assets and liabilities; and
(e) for other supplemental, incidental and consequential matters]
(3) In this section the expression "Province" means either a Governor's Province or a Chief Commissioner's Province.
Section 291. Power of His Majesty to make provision with respect to franchises and elections
Franchise
291. Power of His Majesty to make provision with respect to franchises and elections.- Insofar as provision with respect to the matters hereinafter mentioned is not made by this Act, 1[in relation to any Provincial Legislature, provision may be made by Act of that Legislature]2 with respect to those matters or any of them, that is to say-
(a) the delimitation of territorial constituencies for the purpose of elections under this Act;
(b) the qualifications entitling persons to vote in territorial or other constituencies at such elections, and the preparation of electoral rolls;
(c) the qualifications for being elected at such elections as a member of a legislative body;
(d) the filling of casual vacancies in any such body;
(e) the conduct of elections under this Act and the methods of voting thereat;
(f) the expenses of candidates at such elections;
(g) corrupt practices and other offences at or in connection with such elections;
(h) the decision of doubts and disputes arising out of, or in connection with such elections;
(i) matters ancillary to any such matter as aforesaid.
Section 292. Existing law of India to continue in force
Provisions as to certain legal matters
292. Existing law of India to continue in force.-1[***]2
Section 293. Adaptation of existing Indian, etc
293. Adaptation of existing Indian, etc.-1[***]2
Section 294. Foreign jurisdiction
294. Foreign jurisdiction.-1[***]
Section 295. Provisions as to death sentences
295. Provisions as to death sentences.- (1) 1[***]
(2) Nothing in this Act shall derogate from the right of His Majesty, or of the Governor-General, if any, such right is delegated to him by His Majesty, to grant pardons, reprieves, respites or remissions of punishment.
Section 296. Courts of Appeal in revenue matters
296. Courts of Appeal in revenue matters.- (1) No member of the Federal or a Provincial Legislature shall be a member of any tribunal in 1[a Governor's or Chief Commissioner's Province] having jurisdiction to entertain appeals or revise decisions in revenue cases.
(2) If in any Province any such jurisdiction as aforesaid was, immediately before the commencement of Part III of this Act, vested in the Local Government, the Governor shall constitute a tribunal, consisting of such person or persons as he, exercising his individual judgment, may think fit, to exercise the same jurisdiction until other provision in that behalf is made by Act of the Provincial Legislature.
(3) There shall be paid to the members of any tribunal constituted under the last preceding sub-section, such salaries and allowances as the Governor exercising his individual judgment may determine, and those salaries and allowances shall be charged on the revenues of the Province.
Section 297. Prohibition of certain restrictions on internal trade
297. Prohibition of certain restrictions on internal trade.- (1) No Provincial Legislature or Government shall.
(a) by virtue of the entry in the Provincial Legislative List relating to trade and commerce within the Province, or the entry in that list relating to the production, supply, and distribution of commodities, have power to pass any law or take any executive action prohibiting or restricting the entry into, or export from, the Province of goods of any class or description; or
(b) by virtue of anything in this Act have power to impose any tax, cess, toll, or due which, as between goods manufactured, or produced in the Province and similar goods not so manufactured or produced, discriminates in favour of the former, or which, in the case of goods manufactured or produced outside that Province, discriminates between goods manufactured or produced in another locality.
(2) Any law passed in contravention of this section shall, to the extent of the contravention, be invalid.
Section 298. Persons not to be subjected to disability by reason of race, religion etc
298. Persons not to be subjected to disability by reason of race, religion etc.- (1) No subject of His Majesty domiciled in India shall on grounds only of religion, place of birth, descent, colour or any of them be ineligible for office under the Crown in India, or be prohibited on any such grounds from acquiring, holding or disposing of property or carrying on any occupation, trade, business or profession in 1[***].
(2) Nothing in this section shall affect the operation of any law which-
2[(a) prohibits, either absolutely or subject to exceptions, dispositions of agricultural land situate in any particular area and owned by a person belonging to some class recognised by the law as being a class of persons engaged in or connected with agriculture in that area or as being an aboriginal tribe, in favour of or for the benefit of any person not belonging to that class.]
(b) recognises the existence of some right, privilege or disability attaching to members of a community by virtue of some personal law or custom having the force of law.
(3) 3[***]
4[(4) In paragraph (a) of sub-section (2) of this section, ‘agricultural land’ in relation to any area where there is in force immediately before the commencement of Part III of this Act any law the operation of which is to any extent saved by the said paragraph (a), includes all such property any rights in or over property as are included in the expression ‘land’ as defined for the purposes of that law as them in force.]
Section 299. Compulsory acquisition of land, etc
299. Compulsory acquisition of land, etc.- (1) No person shall be deprived of his property in 1[***] save by authority of law.
(2) Neither the Federal or a Provincial Legislature shall have power to make any law authorising the compulsory acquisition for public purposes of any land, or any commercial or industrial undertaking, or any interest in, or in any company owing, any commercial or industrial undertaking, unless the law provides for the payment of compensation for the property acquired and either fixes the amount of the compensation, or specifies the principles on which, and the manner in which, it is to be determined.
(3) No bill or amendment making provision for the transference to public ownership or any land or for the extinguishment or modification of rights therein, including rights or privileges in respect of land revenue, shall be introduced or moved in 2[***] the Federal Legislature without the previous sanction of the Governor-General in his discretion, or in a Chamber of a Provincial Legislature without the previous sanction of the Governor in his discretion.
(4) Nothing in this section shall affect the provisions of any law in force at the date of the passing of this Act.
(5) In this section "land" includes immovable property of every kind and any rights in or over such property, and "undertaking" includes part of an undertaking.
Section 300. Protection for certain rights, privileges, and pensions
300. Protection for certain rights, privileges, and pensions.-1[***]
Section 301. Repeal of S. 18 of 21 Geo. 3. c. 70, and S. 12 of 37. Geo. 3. C. 142
301. Repeal of S. 18 of 21 Geo. 3. c. 70, and S. 12 of 37. Geo. 3. C. 142.- Section eighteen of the East India Company Act, 1780, and section twelve of the East India Act, 1797 (being obsolete enactments containing savings for native law and custom) are hereby repealed.
Section 302. High Commissioner for India
High Commissioner
302. High Commissioner for India.-1[***]
Section 303. Provisions as to Sheriff of Calcutta
General Provisions
303. Provisions as to Sheriff of Calcutta.- (1) The Sheriff of Calcutta shall be appointed annually by the Governor of Bengal from a panel of three persons to be nominated on the occasion of each vacancy by the High Court in Calcutta.
(2) The Sheriff shall hold office during the pleasure of the Governor and shall be entitled to such remuneration as the Governor may determine and no other remuneration.
1[***]
Section 304. Persons acting as Governor-General or Governor
304. Persons acting as Governor-General or Governor.- Any person appointed by His Majesty to act as Governor-General or as the Governor of a Province during the absence of the Governor-General or the Governor from India, or during any period during which the Governor-General or the Governor is for any reason unable to perform the duties of his office shall during, and in respect of, the period while he is so acting have all the powers and immunities, and be subject to all the duties of, the Governor-General or Governor, as the case may be, and if he holds any other office, shall not, act therein or be entitled to the salary and allowances appertaining thereto while he is acting as Governor-General or Governor.
Section 305. Secretarial staff of Governor-General and Governor
305. Secretarial staff of Governor-General and Governor.- (1) The Governor-General and every Governor shall have his own secretarial staff to be appointed by him in his discretion.
(2) The salaries and allowances of persons so appointed and the office accommodation and other facilities to be provided for them shall be such as the Governor-General or, as the case may be the Governor may in his discretion determine, and the said salaries and allowances and the expenses incurred in providing the said accommodation and facilities shall be charged on the revenues of the Federation or, as the case may be, the Province.
Section 305-A. Provisions as to pensions of home civil servants appointed to offices in India
1[305-A. Provisions as to pensions of home civil servants appointed to offices in India.- (1) Where a civil servant, as defined by section twelve of the Superannuation Act, 1887 (50 and 51 Vict. C. 67), is appointed by His Majesty or by the Governor-General in his discretion to any office under the Crown in India, the Secretary of State may direct that his service in that office shall qualify for the grant of a pension or gratuity as if it were service rendered in the office held by him as a civil servant immediately before his appointment to service in India and there shall be paid to, or in respect of, him out of the revenues of the Federation, and shall be charged on those revenues, in respect of his service, in that office in India a pension or gratuity calculated in accordance with the Superannuation Acts, 1834 to 1935, and the orders, rules and regulations made therunder, but on the basis of the salary of the office last held by him as a civil servant before his appointment service in India:
Provided that nothing in the said Acts, orders, rules or regulations shall operate to prevent the grant of a pension to him with effect from the date on which he may relinquish office in India, notwithstanding that at that date he may not have attained the age of sixty.
(2) No such direction as aforesaid shall be given in relation to service in any office if the service of the person in question in that office would qualify for the grant of a pension without any such direction.
(3) This section shall apply to appointments made before the passing of this Act as well as to appointments made thereafter, and in relation to appointments made before the commencement of Part III of this Act the reference to the Secretary of State shall be construed as a reference to the Secretary of State in Council.]
Section 306. Protection of Governor-General, Governor or Secretary of State
306. Protection of Governor-General, Governor or Secretary of State.- (1) No proceedings whatsoever shall lie in, and as process whatsoever shall issue from, any court in India against the Governor-General, 1[or] against the Governor of a Province, 2[***], whether in a personal capacity or otherwise, and, except with the sanction of 3[Governor-General] no proceedings whatsoever, shall lie in any court in India against any person who has been the Governor-General, 4[His Majesty's Representative for the exercise of the functions of the Crown in its relations with India States] the Governor of Province, or the Secretary of State in respect of anything done or omitted to be done by any of them during his term of office in performance or purported performance of the duties thereof.
Provided that nothing in this section shall be construed as restricting the right of any person to bring against the Federation 5[or], a Province, 6[***] such proceedings as are mentioned in chapter III of Part VII of this Act.
(2) The provisions of the preceding sub-section shall apply in relation to His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States as they apply in relation to the Governor-General.
Section 307. Removal of certain disqualifications on the occasion of the first elections to Legislature
307. Removal of certain disqualifications on the occasion of the first elections to Legislature.-1[***]
Section 308. Procedure as respects proposals for amendment of certain provisions of Act and Orders in Council
308. Procedure as respects proposals for amendment of certain provisions of Act and Orders in Council.-1[***]
Section 309. Orders in Council
309. Orders in Council.-1[***]
Section 310. Power of His Majesty in Council to remove difficulties
310. Power of His Majesty in Council to remove difficulties.-1[***]
Section 311. Interpretation, etc
Interpretation
311. Interpretation, etc.-1[***]
Section 312. Operation of Part XIII
Part XIII1
Transitional Provisions
312. Operation of Part XIII.-2[***]
Section 313. Executive Government
313. Executive Government.-1[***]
Section 314. Control of the Secretary of State
314. Control of the Secretary of State.-1[***]
Section 315. Sterling loans
315. Sterling loans.-1[***]
Section 316. Legislature
316. Legislature.-1[***]
Section 317. Continuance of certain provisions of Government of India Act
317. Continuance of certain provisions of Government of India Act.-1[***]
Section 318. Provisions as to Federal Court and certain other Federal Authorities
318. Provisions as to Federal Court and certain other Federal Authorities.-1[***]
Section 319. Rights and liabilities of Governor-General in Council and Governor-General to continue after establishment of Federation
319. Rights and liabilities of Governor-General in Council and Governor-General to continue after establishment of Federation.-1[***]
Section 320. Commencement
Part XIV
Commencement, Repeals, etc.
320. Commencement.-1[***]
Section 321. Repeals
321. Repeals.- The Government of India Act shall be repealed1 and the other Acts mentioned in the Tenth Schedule to this Act shall also be repealed to the extent specified in the third column of that Schedule.
Provided that-
(a) nothing in this section shall affect the Preamble to the Government of India Act, 1919.2
(b) without prejudice to any other provisions of this Act, to the provisions of the Government of Burma Act, 19353, and to the provisions of the Interpretation Act, 18894, relating to the effect of repeals this repeal shall not affect any appointment made under any enactment so repealed to any office, and any such appointment shall have effect as if it were an appointment to the corresponding office under this Act or the Government of Burma Act, 1935.
Schedule 1
Schedule 1
SCHEDULES
FIRST SCHEDULE1
(Sections 5, 18, 308)
Composition of the Federal Legislature
Part I - REPRESENTATIVES OF BRITISH INDIA
General Qualification For Membership
1. A person shall not bt qualified to be chosen as a representative of British India to fill a seat in the Federal Legislature unless he-
(a) is a British subject, or the Ruler or a subject of as Indian State which has acceded to the Federation; and
(b) is, in the case of a seat in the Council of State, not less than thirty years of age and, in the cose of a seat in the Federal Assembly, not less than twenty-five years of age; and
(c) possess such, if any, of the other qualifications specified in, or prescribed under, this Part of this Schedule as may be appropriate in this case:
Provided that the Ruler or a subject of an Indian State which has not acceded to the Federation-
(i) shall not be disqualified under sub-paragraph (a) of this paragraph to fill a seat allocated to a Province if he would be eligible to be elected to the Legislative Assembly of that Province; and
(ii) in such case as may be prescribed, shall not be disqualified under the said sub-paragraph (a) to fill a seat allocated to a Chief Commissioner's Province.
2. Upon the expiration of the term for which he is chosen to serve as a member of the Federal Legislature, a person, if otherwise duly qualified, shall be eligible to be chosen to serve for a further term.
The Council of State
3. Of the one hundred and fifty-six seats in the Council of State to be filled by representatives of British India one hundred and fifty seats shall be allocated to the Governor's Provinces the Chief Commissioners' Provinces and the Anglo-Indian, European and Indian Christian communities in the manner shown in division (i) of the relevant Table of Seats appended to this Part of this Schedule and six seats shall be filled by persons chosen by the Governor-General in his discretion.
4. To each Governor's Province, Chief Commissioner's Province and community specified in the first column of division (i) of the Table there shall be allotted the number of seats specified in the second column opposite to that Province or community and of the seats so allotted to a Governor's Province or a Chief Commissioner's Province, the number specified in the third column shall be general seats, the number specified in the fourth column shall be seats for representatives of the scheduled castes, the number specified in the fifth column shall be Sikh seats, the number specified in the sixth column shall be Muhammadan seats, and the number specified in the seventh column shall be seats reserved for women.
5. A Governor's Province or a Chief commissioner's Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency of any particular class, shall be divided into territorial constituencies-
(a) for the election of persons to fill the general seats, if any;
(b) for the election of persons to fill the Sikh seats, if any; and
(c) for the election of persons to fill the Muhammadan seats, if any,
or, if as respects any class of constituency it is so prescribed, may from one territorial constituency.
To each territorial constituency of any class one more seats of that class shall be assigned.
6. (1) No person shall be entitled to vote at an election to fill a Sikh seat or a Muhammadan seat in the Council of State unless he is a Sikh or a Muhammadan, as the case may be.
(2) No person who is, or is entitled to be, included in the electoral roll for a territorial constituency in any Province for the election of persons to fill a Sikh seat or a Muhammadan seat in the Council of State shall be entitled to vote at an election to fill a general seat therein allotted to that Province.
(3) No Anglo-Indian, European or Indian Christian shall be entitled to vote at an election to fill a general seat in the Council of State.
(4) Subject as aforesaid, the qualifications entitling persons to vote in territorial constituencies at elections of members of the Council of State shall be such as may be prescribed.
7. Nothing in the two last preceding paragraphs shall apply in relation to British Baluchistan, and a persons to fill the seat in the Council of State allotted to that Province shall be chosen in such manner as may be prescribed.
8. In any Province to which a seat to be filled by a representative of the scheduled castes is allotted, a person to fill that seat shall be chosen by the members of those castes who hold seats in the Chamber or, as the case may be, either Chamber of the Legislature of that Province.
9. In any Province to which a seat reserved for women is allotted, a woman to fill that shall be chosen by the persons, whether men or women, who hold seats in the Chamber or, as the case may be, the Chamber of the Legislature of that Province.
10. Persons to fill the seats allotted to the Anglo-Indian, European and Indian Christian communities shall be chosen by the members of Electoral Colleges consisting of such Anglo-Indians, Europeans and Indian Christians, as the case may be, as are members of the Legislative Council of any Governor's Province or of the Legislative Assembly of any Governor's Province.
The Rules regulating the conduct of elections by the European Electoral College shall be such as to secure that on any occasion where more than one seat fall to be filled by the College no two of the seats to be then filled shall be filled by persons who are normally resident in the same Province.
11. A person shall not be qualified to hold a seat in the Council of State unless-
(a) in the case of a seat allotted to a Governor's Province or a Chief Commissioner's Province, he is qualified to vote in a territorial constituency in the Province at an election of a member of the Council of State, or in the case of a seat allotted to British Baluchistan, possesses such qualifications as may be prescribed;
(b) in the case of a seat allotted to the Anglo-Indian, the European or the Indian Christian community, he possesses such qualifications as may be prescribed.
12. Subject to the provisions of the four next succeeding paragraphs, the term of office of a member of the Council of State shall be nine years:
Provided that a person chosen to fill a casual vacancy shall be chosen to serve only for the remainder of his predecessor's term of office.
13. Upon the first constitution of the Council of State persons shall be chosen to fill all the seats allotted to Governor's Provinces, Chief Commissioners' Provinces and communities, but, for the purpose of securing that in every third year one-third of the holders of such seats shall retire, one-third of the persons first chosen shall be chosen to serve for three years only, one-third shall be chosen to serve for six years only, and one-third shall be chosen to serve for nine years, and thereafter in every third year persons shall be chosen to fill for nine years the seats then becoming vacant in consequence of the provisions of this paragraph.
14. In the case of a Province specified in column one in division (ii) of the Table of Seats, the numbers specified as respects seats of different classes in columns two to six, in columns seven to eleven and in columns twelve to sixteen respectively shall be the numbers of the seats of the different classes to be filled upon the first constitution of the Council by members chosen to serve for three years only, by members chosen to serve for six years only, and by members chosen to serve for nine years.
15. The person chosen upon the first constitution of the Council to fill the Anglo-Indian seat shall be chosen to serve for nine years; of the seven persons then chosen to fill the European seats, three shall be chosen to serve for three years only, one shall be chosen to serve for six years only and three shall be chosen to serve for nine years; and of the two persons then chosen to fill the Indian Christian seats, one shall be chosen to serve for three years only and one shall be chosen to serve for nine years.
16. Upon the first constitution of the Council of State two of the persons to be chosen by the Governor-General shall be chosen to serve for three years only, two shall be chosen to serve for six years only and two shall be chosen to serve for nine years.
The Federal Assembly
17. The allocation of seats in the Federal Assembly other than seats allotted to Indian States, shall be as shown in the relevant Table of Seats appended to this Part of this Schedule.
18. To each Governor's Province and Chief Commissioner's Province specified in the first column of the Table there shall be allotted the number of seats specified in the second column opposite to that Province, and of those seats-
(i) the number specified in the column shall be general seats, of which the number specified in the fourth column shall be reserved for members of the scheduled castes;
(ii) the numbers specified in the next columns shall be the numbers of seats to be filled respectively by persons chosen to represent (a) the Sikh community; (b) the Muhammadan community; (c) the Anglo-Indian community; (d) the European community; (e) the Indian Christian community; (f) the interests of commerce and industry; (g) landholders; and (h) the interests of labour, and
(iii) the number specified in the thirteenth column shall be number of seats reserved to women.
There shall also be in the Federal Assembly four seats not allotted to any Province, of which three shall be seats to be filled by representatives of commerce and industry and one shall be a seat to be filled by a representative of labour.
19. Subject to the provisions of the next succeeding paragraph, persons to fill the Federal Assembly allotted to a Governor's Province as general seats or Muhammadan seats shall be chosen by electorates consisting of such of the members of the Legislative Assembly of the Province as hold therein general seats, Sikh seats or Muhammadan seats respectively, voting in the case of a general election in accordance with the principle of proportional representation by means of the single transferable vote:
Provided that in the North-West Frontier Province the holders of Sikh seats, and in any Province in which seats are reserved for representatives of backward areas or backward tribes the holders of those seats, shall for the purposes of this paragraph, be deemed to hold general seats.
20. The provisions of this paragraph shall have with respect to the general seats reserved in any Governor's Province for members of the scheduled castes:-
For the purposes of a general election of members of the Federal Assembly-
(a) there shall be primary electorate consisting of all persons who were successful candidates at the primary elections held, in accordance with the provisions of the Fifth Schedule to this Act, on the occasion of the last general election of members of the Legislative Assembly of the Province for the purpose of selecting candidates for seats reserved for members of the scheduled castes;
(b) the members of the primary electorate so constituted shall be entitled to take part in a primary election held for the purpose of electing four candidates for each seat so reserved; and
(c) no person who is not so elected as a candidate shall be qualified to be chosen to fill such a seat.
Rules made under this Part of this Schedule shall make provisions as to the manner in which a casual vacancy occurring in a seat to which this paragraph applies is to be filled.
21. For the purpose of choosing persons to fill the women's seats in the Federal Assembly there shall be for British India an electoral college consisting of such women as are members of the Legislative Assembly of any Governor's Province, and the person to fill a women's seats allotted to any particular Province shall be chosen by the members of the college.
Rules regulating the conduct of elections by the women's electoral college shall be such as secure that, of the nine women's seats allotted to Provinces, at least two are held by Muhammadans and at least one by an Indian Christian.
22. For the purpose of choosing persons to fill the Anglo-Indian, European and Indian Christian seats in the Federal Assembly, there shall be for the British India three electoral colleges consisting respectively of such persons as hold an Anglo-Indian, a European or an Indian Christian seat in the Legislative Assembly of any Governor's Province, and the person to fill an Anglo-Indian, European or Indian Christian seat allotted to any particular Province shall be chosen by the members of the appropriate electoral college.
In choosing at a general election the persons to fill the Indian Christian seats allotted to the Province of Madras, the Indian Christian electoral college shall vote in accordance with the principle of proportional representation by means of the single transferable vote.
23. Persons to fill the seats in the Federal Assembly which are to be filled by representative of commerce and industry, landholders and representations of labour shall be chosen-
(a) in the case of a seat allotted to a Province which is to be filled by a representative of commerce and industry, by such chambers of commerce and similar associations voting in such manner as may be prescribed.
(b) in the case of a seat allotted to a Province which is to be filled by a landholder, by such persons voting in such territorial constituencies and in such manner as may be prescribed;
(c) in the case of a seat allotted to a Province which is to be filled by a representative of labour, by such organisations, or in such constituencies, and in accordance with such manner of voting as may be prescribed.
(d) in the case of one of the non-provincial seats which are to be filled by representatives of commerce and industry, by such Associated Chambers of Commerce, in the case of another such seat by such Federated Chambers of Commerce and in the case of the third such seat by such commercial bodies in Northern India voting in each case in such manner as may be prescribed; and
(e) in the case of the non-provincial seat which is to be filled by a representative of labour, by such organisations voting in such manner as may be prescribed.
24. Persons to fill the seats in the Federal Assembly allotted to Chief Commissioners' Provinces as general seats or Muhammadan seats shall be chosen-
(a) in the case of Coorg, by the members of the Legislative Council; and
(b) in other cases in such manner as may be prescribed.
25. A person shall not be qualified to hold a seat in the Federal Assembly, unless-
(i) in the case of a general seat, a Sikh seat, a Muhammadan seat, an Anglo-Indian seat, a European seat, an Indian Christian seat or a woman's seat allotted to a Governor's Province or the Province of Coorg, he is qualified to hold seat of the same class in the Legislative Assembly, or, in the case of Coorg, the Legislative Council, of that Province;
(ii) in the case of any other seat, he possesses such qualifications as may be prescribed.
General
26. (1) In the foregoing provisions of this Schedule the following expressions have the meanings hereby assigned to them, that is to say:-
"a European" means a person whose father or any of whose other male progenitors in the male line is or was of European descent and who is not a native of India;
"an Anglo-Indian" means a person whose father or any of whose other male progenitors in the made line is or was of European descent but who is a native of India;
"an Indian Christian" means a person who professes any form of the Christian religion and is not a European or an Anglo-Indian;
"the scheduled castes" means such castes, races or tribes, or parts of or groups within castes, races or tribes being castes, races, tribes, parts or groups which appear to his Majesty in Council to correspond to the classes of persons for merely known as "the depressed classes", as His Majesty in Council may specify; and
"prescribed" means prescribed by his Majesty in Council or, so far as regards any matter which under this Act the Federal Legislature or the Governor-General are competent to regulate, prescribed by an Act of that Legislature or by a rule made under the next succeeding paragraph.
(2) In this paragraph the expression "native of India" has the same meaning as it had for the purposes of section six of the Government of India Act, 1870, and accordingly it includes any person born and domiciled within the dominions of His Majesty in India or Burma of parents habitually resident in India or Burma and not established there for temporary purposes only.
27. In so far as provision with respect to any matter is not made by this Act or by His Majesty in Council or after the constitution of the Federal Legislature, by Act of that Legislature (where the matter is one with respect to which that Legislature if competent to make laws), the Governor-General, exercising his individual judgment, may make rules for carrying into effect the foregoing provisions of this part of this Schedule and for securing the due constitution of the Council of State and the Federal Assembly and, in particular, but without prejudice to the generality of the foregoing words, with respect to-
(i) the notification of vacancies, including casual vacancies and the proceedings to be taken for filling vacancies;
(ii) the nomination of candidates;
(iii) the conduct of elections, including the application to elections of the principle of proportional representation by means of the single transferable vote, and the rules to regulate elections where certain of the seats to be filled are to be filled by persons to be chosen to serve for different terms, or are reserved for members of the scheduled castes;
(iv) the expenses of candidates at elections;
(v) corrupt practices and other offences at or in connection with elections;
(vi) the decision of doubts and disputes arising out of or in connection with the choice of persons to persons to fill seats in the Council of State or the Federal Assembly; and
(vii) the manner in which rules are to be carried into effect.
TABLE OF SEATS
The Council of State
Representatives of British India
(i) Allocation of seats
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Province or community
|
Total seats
|
General seats
|
Seats for Scheduled Castes
|
Sikh seats
|
Muhammadan seats
|
Women's seats
|
|
Madras
|
…
|
20
|
14
|
1
|
1
|
4
|
1
|
|
Bombay
|
…
|
16
|
10
|
1
|
-
|
4
|
1
|
|
Bengal
|
…
|
20
|
8
|
1
|
-
|
10
|
1
|
|
United Provinces
|
…
|
20
|
11
|
1
|
-
|
7
|
1
|
|
Punjab
|
…
|
16
|
3
|
-
|
4
|
8
|
1
|
|
Bihar
|
…
|
16
|
10
|
1
|
-
|
4
|
1
|
|
Central Provinces and Berar
|
…
|
8
|
6
|
1
|
-
|
1
|
-
|
|
Assam
|
…
|
5
|
3
|
-
|
-
|
2
|
-
|
|
North-West Frontier Province
|
…
|
5
|
1
|
-
|
-
|
4
|
-
|
|
Orissa
|
…
|
5
|
4
|
-
|
-
|
3
|
-
|
|
Sind
|
…
|
5
|
2
|
-
|
-
|
3
|
-
|
|
British Baluchistan
|
…
|
1
|
-
|
-
|
-
|
1
|
-
|
|
Delhi
|
…
|
1
|
1
|
-
|
-
|
-
|
-
|
|
Ajmer-Merwara
|
…
|
1
|
1
|
-
|
-
|
-
|
-
|
|
Coorg
|
…
|
1
|
1
|
-
|
-
|
-
|
-
|
|
Anglo-Indians
|
…
|
1
|
-
|
-
|
-
|
-
|
-
|
|
Europeans
|
…
|
7
|
-
|
-
|
-
|
-
|
-
|
|
Indian Christians
|
…
|
2
|
-
|
-
|
-
|
-
|
-
|
|
Totals
|
…
|
150
|
75
|
6
|
4
|
49
|
6
|
(ii) Distribution of seats for purpose of triennial elections.
|
|
Number of seats to be filled originally for three years only.
|
Number of seats to be filled originally for six years only.
|
Number of seats to be filled originally for nine years only.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
|
Province
|
General Seats
|
Seats for schedule castes
|
Sikh Seats
|
Muhammadan Seats
|
Women's Seats
|
General Seats
|
Seats for Schedule castes
|
Sikh Seats
|
Muhammadan Seats
|
Women' Seats
|
General Seats
|
Seats for Schedule castes
|
Sikh Seats
|
Muhammadan Seats
|
Women's Seats
|
|
Madras
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
7
|
-
|
-
|
2
|
1
|
7
|
1
|
-
|
2
|
-
|
|
Bombay
|
..
|
..
|
5
|
-
|
-
|
2
|
1
|
-
|
-
|
-
|
-
|
-
|
5
|
1
|
-
|
2
|
-
|
|
Bengal
|
..
|
..
|
4
|
1
|
-
|
5
|
-
|
-
|
-
|
-
|
-
|
-
|
4
|
-
|
-
|
5
|
1
|
|
United Provinces
|
..
|
..
|
5
|
1
|
-
|
3
|
1
|
6
|
-
|
-
|
4
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Punjab
|
..
|
..
|
2
|
-
|
2
|
4
|
-
|
1
|
-
|
2
|
4
|
1
|
-
|
-
|
-
|
-
|
-
|
|
Bihar
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
5
|
1
|
-
|
2
|
-
|
5
|
-
|
-
|
2
|
1
|
|
Central Provinces and Berar
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
6
|
1
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Assam
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
3
|
-
|
-
|
2
|
-
|
-
|
-
|
-
|
-
|
-
|
|
North-West Frontier Province
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
1
|
-
|
-
|
4
|
-
|
|
Orissa
|
..
|
..
|
4
|
-
|
-
|
1
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Sind
|
..
|
..
|
2
|
-
|
-
|
3
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
British Baluchistan
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
-
|
-
|
-
|
1
|
-
|
|
Delhi
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
1
|
-
|
-
|
-
|
-
|
|
Ajmer-Merwara
|
..
|
..
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
-
|
-
|
1
|
-
|
-
|
-
|
-
|
|
Coorg
|
..
|
..
|
-
|
-
|
-
|
|
-
|
-
|
-
|
|
-
|
-
|
1
|
-
|
-
|
-
|
-
|
|
Totals
|
..
|
22
|
2
|
2
|
18
|
2
|
28
|
2
|
2
|
15
|
2
|
25
|
2
|
-
|
16
|
2
|
Table of Seats
The Federal Assembly
Representatives of British India
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
General Seats:-
|
|
|
|
|
|
|
|
|
|
|
Province.
|
Total Seats
|
Total of General Seats
|
General seats re-served for Sche-dule castes.
|
Sikh Seats.
|
Muhammadan Seats
|
Anglo-Indian Seats.
|
European Seats.
|
Indian Christian Seats.
|
Seats for represe-ntatives of comm.-erce and industry.
|
Land-holders Seats.
|
Seats for represe-ntatives of labour.
|
Women's Seats.
|
|
Madras
|
..
|
..
|
37
|
19
|
7
|
-
|
8
|
1
|
1
|
2
|
2
|
1
|
1
|
2
|
|
Bombay
|
..
|
..
|
30
|
13
|
2
|
-
|
6
|
1
|
1
|
1
|
3
|
1
|
2
|
2
|
|
Bengal
|
..
|
..
|
37
|
10
|
3
|
-
|
17
|
1
|
1
|
1
|
3
|
1
|
2
|
1
|
|
United Provinces
|
..
|
..
|
37
|
19
|
3
|
-
|
12
|
1
|
1
|
1
|
-
|
1
|
1
|
1
|
|
Punjab
|
..
|
..
|
30
|
6
|
1
|
6
|
14
|
-
|
1
|
1
|
-
|
1
|
-
|
1
|
|
Bihar
|
..
|
..
|
30
|
16
|
2
|
-
|
9
|
-
|
1
|
1
|
-
|
1
|
1
|
1
|
|
Central Provinces and Berar
|
..
|
..
|
15
|
9
|
2
|
-
|
3
|
-
|
-
|
-
|
-
|
1
|
1
|
1
|
|
Assam
|
..
|
..
|
10
|
4
|
1
|
-
|
3
|
-
|
1
|
1
|
-
|
-
|
1
|
-
|
|
North-West Frontier Province
|
..
|
..
|
5
|
1
|
-
|
-
|
4
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Orissa
|
..
|
..
|
5
|
4
|
1
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Sind
|
..
|
..
|
5
|
1
|
-
|
-
|
3
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
|
British Baluchistan
|
..
|
..
|
1
|
-
|
-
|
-
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Delhi
|
..
|
..
|
2
|
1
|
-
|
-
|
1
|
-
|
-
|
-
|
--
|
-
|
-
|
-
|
|
Ajmer-Merwara
|
..
|
..
|
1
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Coorg
|
..
|
..
|
1
|
1
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Non-Provincial Seats
|
..
|
..
|
4
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
3
|
-
|
1
|
-
|
|
|
..
|
..
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Totals
|
..
|
250
|
105
|
19
|
6
|
82
|
4
|
8
|
8
|
11
|
7
|
10
|
9
|
Part I - Representatives of Indian states
1. The allocation to Indian States of seats in the Federal Legislative shall be as shown in the Table appended to this Part of this Schedule, hereinafter referred to as the "Table of Seats," and persons to represent Indian States in that Legislature shall be chosen and appointed in accordance with the provisions hereinafter contained.
2. In the case of the Council of State, there shall be allotted to each State or, as the case may be, to each group of States specified in the first column of the Table of Seats, the number of seats specified in the second column of the said Table opposite that State or to that group of States.
3. In the case of the Federal Assembly, there shall be allotted to each State or, as the case may be, to each group of States specified in the third column of the Table of Seats, the number of seats specified in the fourth column of the said Table opposite to that State or to that group of seats.
4. A person shall not be qualified to be appointed under this Part of this Schedule to fill a seat in either Chamber of the Federal Legislature unless he-
(i) is a British subject or the Ruler or a subject of an Indian State which has acceded to the Federation; and
(ii) is, in the case of a seat in the Council of State, not less than thirty years of age and, in the case of a seat in the Federal Assembly, not less than twenty-five years of age;
Provided that-
(a) the Governor-General may in his discretion declare as respects any State, the Ruler of which at the date of the establishment of the Federation was by reason of his minority not exercising ruling powers, that sub-paragraph (i) of this paragraph shall not apply to any named subject, or to subjects generally, of that State until, that State comes under the rule of a Ruler who is of an age to exercise ruling powers; and
(b) sub-paragraph (ii) of this paragraph shall not apply to a Ruler who is exercising ruling powers.
5. Upon the expiration of the term for which he is appointed to serve as a member of the Federal Legislature, a person, if otherwise duly qualified, shall be eligible to be appointed to serve for a further term.
6. Subject to the special provisions hereinafter contained with respect to the appointment of persons to represent certain States and groups of States comprised in Divisions XVI and XVII of the Table of seats,-
(i) the Rulers of the States constituting a group of States to which a seat in the Council of States is allotted shall in rotation appoint a person to fill that seat; and
(ii) the Rulers of States constituting a group of States to which a seat in the Federal Assembly is allotted shall appoint jointly a person to fill that seat:
Provided that the Rulers of two or more States entitled to appoint in rotation a person to fill a seat in the Council of State allotted to a group of States may by agreement, and with the approval of the Governor-General in his discretion, appoint jointly a person to fill that seat.
7. The period for which a person shall be appointed to fill a seat shall be-
(i) in the case of a person shall be appointed to fill a seat in the Council of State-
(a) by the Ruler of a State entitled to separate representation, nine years;
(b) jointly by the Rulers of all the States in a group which have acceded to the Federation, three years;
(c) by the Ruler of State appointing in rotation, one year subject, however, to the special provisions of the next succeeding paragraph with respect to certain States therein mentioned;
(d) jointly by Rulers of some only of the States in a group which have acceded to the Federation, a period equal of the aggregate to the periods for which each of them might in rotation have appointed a person to hold that seat or three years' whichever may be the shorter period;
(e) in any other manner, three years; and
(ii) in the case of a person appointed to fill a seat in the Federal Assembly until the dissolution of the Assembly:
Provided that-
(i) a person appointed to fill a seat upon the occurrence of a casual vacancy shall be appointed to fill that seat for the remainder of the period for which his predecessor was appointed;
(ii) in the case of first appointments to fill seats in the Council of State the Governor-General in his discretion shall make by order provision for securing that approximately one-third of the persons appointed by Rulers entitled to separate representation shall be appointed to fill seats for three years only, approximately one-third to fill seats for six years only and approximately one-third to fill seats for nine years.
8. The Ruler of a State mentioned in this paragraph when appointing in rotation a person to fill a seat in the Council of State shall, notwithstanding anything in the preceding paragraph be entitled to appoint that person to fill the seat-
(a) in the case of the Rulers of Panna and of Mayurbhanj, for two years; and
(b) in the case of the Ruler of Pudukkottai, for three years.
9. Subject as hereinafter provided, the Rulers of two or more States forming a group to which one seat in either Chamber of the Federal Legislature is allotted shall, in choosing a person to be appointed by them jointly to fill that seat, each have one vote, and in the case of an equality of votes the choice shall be determined by lot or otherwise in such other manner as may be prescribed;
Provided that in choosing a person to be appointed the Ruler of a State mentioned in sub-paragraph (a) of the preceding paragraph shall be entitled to two votes and the Ruler of the State mentioned in sub-paragraph (b) of that paragraph shall be entitled to three votes.
10. A seat in Chamber allotted to a single State shall remain unfilled until the Ruler of that State has acceded to the Federation, and a seat in either Chamber which is the only seat therein allotted to a group of States shall remain unfilled until the Rulers of at least one-half of those States have so acceded but, subject as hereinafter provided, so long as one-tenth of the seats in either Chamber allotted either to single States, or to groups of States remain unfilled by reason of the non-accession of a State or States whether such non-accession be due to the minority of a Ruler or to any other cause, the persons appointed by the Rulers of States to fill seats in that Chamber may from time to time in the prescribed manner appoint persons, not exceeding one-half of the number of seats so unfilled to additional members of that Chamber:
Provided that the right to appoint such additional members shall not be exercised after the expiration of twenty years from the establishment of the Federation.
A person appointed under this paragraph as an additional member of either Chamber shall be appointed to fill his seat for a period of one year only.
11. Persons to fill the seats in the Federal Assembly allotted to any group of States mentioned in Division XVI of the Table of Seats as entitled to appoint persons to fill three such seats shall be appointed in the prescribed manner by the Rulers of such of the States in the group as have acceded to the Federation:
Provided that-
(a) until the Rulers of two of those States have so acceded, all the three seats shall remain unfilled; and
(b) until the Rulers of four of those States have so acceded, two of the three seats shall remain unfilled; and
(c) until the Rulers of four of those States have so acceded, one of the three seats shall remain unfilled.
Seats in the Federal Assembly remaining unfilled by reason of the provisions of this paragraph shall be treated as seats remaining unfilled for the purposes of the last preceding paragraph.
12. The provisions of the paragraph shall apply with respect to the two seats in the Council of State and the five seats in the Federal Assembly allotted to the States comprised in Division XVII of the Table of Seats:-
(a) the States in question are such States, being States which on the first day of January, nineteen hundred and thirty five, were included in the Western India States Agency, the Gujarat States Agency, the Deccan States Agency, the Eastern States Agency, the Central India Agency or the Rajputana Agency, or were in political relations with the Government of the Punjab or the Government of Assam, as may be enumerated in rules made by the Governor-General in his discretion;
(b) the Governor-General shall, in the rules so made by him, divide the said States into five groups, and of the five seats in the Federal Assembly allotted to those States one shall be deemed to be allotted to each of the groups;
(c) a seat in the Federal Assembly allotted to one of the said groups shall remain unfilled until the Rulers of at least one-half of the States in the group have acceded to the Federation, but, save as aforesaid a person to fill such a seat shall be appointed in the prescribed manner by the Rulers of such of the States in the group as have acceded to the Federation;
(d) persons to fill the two seats in the Council of State allotted to the States comprised in the said Division shall be appointed in the prescribed manner by the persons appointed under the preceding sub-paragraph to fill seats in the Federal Assembly:
Provided that so long as three of the five-seats in the Federal Assembly remain unfilled, one of the two seats in the Council of State shall also remain unfilled;
(e) seats in the Federal Assembly or Council of State remaining unfilled by reason of the provisions of this paragraph shall be treated as seats remaining unfilled for the purposes of the last but one preceding paragraph.
2[This paragraph shall have effect as if the State of Khaniadhana had been included in the Central India Agency on the first day of January nineteen hundred and thirty-five.]
13. His Majesty in Council may by order vary the Table of Seats by transferring any State from one group of States specified in column one or column three of the Table to another group of States specified in the same column, if he deems it expedient so to do-
(a) with a view to reducing the number of seats which by reason of the non-accession of a State or States would otherwise remain unfilled; or
(b) with a view to associating in separate groups States whose rules do, and States whose rules do not, desire to make appointments jointly instead of in rotation, and is satisfied that such variation will not adversely affect the rights and interest of any State:
Provided that a State mentioned in paragraph eight of this Schedule shall not be transferred to another group unless the Ruler of the State has agreed to relinquish the privileges enjoyed by him under the said paragraph and under paragraph nine.
Where an order varying the Table of Seats is made under this paragraph, references (whether express or implied) in the foregoing provisions of this Part of this Schedule to the Table shall be construed as references to the Table as so varied.
14. In so far as provision in that behalf is not made by His Majesty in Council, the Governor-General may in his discretion make rules for carrying into effect the provisions of this Part of this Schedule and in particular, but without prejudice to the generality of the foregoing words, with respect to-
(a) the times at which and the manner in which appointments are to be made, the order in which Rulers entitled to make appointments in rotation are to make them and the date from which appointments are to take effect;
(b) the filling of casual vacancies in seats;
(c) the decision of doubts or disputes arising out of or in connection with any appointment; and
(d) the manner in which the rules are to be carried into effect.
In this Part of this Schedule the expression "prescribed" means prescribed by His Majesty in Council or by rules made under this paragraph.
15. For the purpose of sub-section (2) of section five of this Act-
(i) if the Rulers of at least one half of the States included in any group to which one seat in the Council of State is allotted accede to the Federation, the Rulers so acceding shall be reckoned as being entitled together to choose one member of the Council of State;
(ii) if, of the Rulers of States included in the groups to be formed out of the States comprised in Division XVII of the Table of Seats, sufficient accede to the Federation to entitle them to appoint one member or two members of the Federal Assembly, the Rulers so acceding shall be reckoned as being entitled together to choose one member of the Council of State and, if sufficient accede to entitle them to appoint three or more members of the Federal Assembly, the Rulers so acceding shall be reckoned as being entitled together to choose two members of the Council of State; and
(iii) the population of a State shall be taken to be the population attributed thereto in column five of the Table of Seat or, if it is one of the States comprised in the said Division XVII of the Table, such figures as the Governor-General may in his discretion determine, and the total population of the States shall be taken to be the total population thereof as stated at the end of the Table.
TABLE OF SEATS
The Council of State and the Federal Assembly
Representatives of Indian States
|
1
|
2
|
3
|
4
|
5
|
|
States and Groups of States.
|
Number of seats in Council of State
|
States and Groups of States.
|
Number of seats in the Federal Assembly.
|
Population.
|
|
|
DIVISION I
|
|
|
|
|
|
Hyderabad
|
..
|
..
|
5
|
|
Hyderabad
|
..
|
16
|
14,436,148
|
|
|
DIVISION II
|
|
|
|
|
|
Mysore
|
..
|
..
|
3
|
|
Mysore
|
..
|
7
|
6,557,302
|
|
|
DIVISION III
|
|
|
|
|
|
Kashmir
|
..
|
..
|
3
|
|
Kashmir
|
..
|
4
|
3,646,243
|
|
|
|
|
DIVISION IV
|
|
|
|
|
|
Gwalior
|
..
|
..
|
3
|
|
Gwalior
|
..
|
4
|
3,523,070
|
|
|
|
|
DIVISION V
|
|
|
|
|
|
Baroda
|
..
|
..
|
3
|
|
Baroda
|
..
|
3
|
2,443,007
|
|
|
|
|
DIVISION VI
|
|
|
|
|
|
Kalat
|
..
|
..
|
2
|
|
Kalat
|
..
|
1
|
342,101
|
|
|
|
|
DIVISION VII
|
|
|
|
|
|
Sikkim
|
..
|
..
|
1
|
|
Sikkim
|
..
|
-
|
109,808
|
|
|
|
|
DIVISION VIII
|
|
|
|
|
|
1.
|
Rampur
|
|
|
1
|
1.
|
Rampur
|
..
|
1
|
465,225
|
|
2.
|
Benares
|
..
|
..
|
1
|
2.
|
Benares
|
..
|
1
|
391, 272
|
|
|
|
|
|
DIVISION IX
|
|
|
|
|
|
1.
|
Travancore
|
..
|
..
|
2
|
1.
|
Travancore
|
..
|
5
|
5,095,973
|
|
2.
|
Cochin
|
..
|
..
|
2
|
2.
|
Cochin
|
..
|
1
|
1,205,016
|
|
3.
|
Pudukkottai
|
..
|
..
|
|
3.
|
Pudukkottai
|
..
|
|
400,694
|
|
|
Banganapalle
|
..
|
..
|
1
|
|
Banganapalle
|
..
|
1
|
39,218
|
|
|
Sandur
|
..
|
..
|
|
|
Sandur
|
..
|
|
13,583
|
|
|
|
|
|
DIVISION X
|
|
|
|
|
|
1.
|
Udaipur
|
..
|
..
|
2
|
1.
|
Udaipur
|
..
|
2
|
1,566,910
|
|
2.
|
Jaipur
|
..
|
..
|
2
|
2.
|
Jaipur
|
..
|
3
|
2,631,775
|
|
3.
|
Jodhpur
|
..
|
..
|
2
|
3.
|
Jodhpur
|
..
|
2
|
2,125,982
|
|
4.
|
Bikaner
|
..
|
..
|
2
|
4.
|
Bikaner
|
..
|
1
|
936,218
|
|
5.
|
Alwar
|
..
|
..
|
1
|
5.
|
Alwar
|
..
|
1
|
749,751
|
|
6.
|
Kotah
|
..
|
..
|
1
|
6.
|
Kotah
|
..
|
1
|
685,804
|
|
7.
|
Bharatpur
|
..
|
..
|
1
|
7.
|
Bharatpur
|
..
|
1
|
486,954
|
|
8.
|
Tonk
|
..
|
..
|
1
|
8.
|
Tonk
|
..
|
1
|
317,960
|
|
9.
|
Dholpur
|
..
|
..
|
1
|
9.
|
Dholpur
|
..
|
1
|
254,986
|
|
10.
|
Karauli
|
..
|
..
|
1
|
|
Karauli
|
..
|
|
140,525
|
|
11.
|
Bundi
|
..
|
..
|
1
|
10.
|
Bundi
|
..
|
|
216,722
|
|
12.
|
Sirohi
|
..
|
..
|
1
|
|
Sirohi
|
..
|
1
|
216,528
|
|
13.
|
Dungarpur
|
..
|
..
|
1
|
11.
|
Dungarpur
|
..
|
1
|
227,544
|
|
14.
|
Banswara
|
..
|
..
|
|
|
Banswara
|
..
|
1
|
260,670
|
|
15.
|
Partabgarh Jhalawar
|
..
|
..
|
1
|
12.
|
Partabgarh
Jhalawar
|
..
..
|
1
|
76,539
107,890
|
|
16.
|
Jaisalmer Kishengarh
|
..
|
..
|
1
|
13.
|
Jaisalmer
Kishengarh
|
..
..
|
1
|
76,355
85,744
|
|
|
|
|
DIVISION XI
|
|
|
|
|
|
1.
|
Indore
|
..
|
..
|
2
|
1.
|
Indore
|
..
|
2
|
1,325,089
|
|
2.
|
Bhopal
|
..
|
..
|
2
|
2.
|
Bhopal
|
..
|
1
|
729,955
|
|
3.
|
Rewa
|
..
|
..
|
2
|
3.
|
Rewa
|
..
|
2
|
1,587,445
|
|
4.
|
Datia
|
..
|
..
|
1
|
4.
|
Datia
|
..
|
|
158,834
|
|
5.
|
Orchha
|
..
|
..
|
1
|
|
Orchha
|
..
|
1
|
314,061
|
|
6.
|
Dhar
|
..
|
..
|
1
|
5.
|
Dhar
Dewas (Senior)
Dewas (Junior)
|
..
..
..
|
1
|
243,430
83,321
70,513
|
|
7.
|
Dewas Senior)
Dewas (Junior)
|
..
..
|
..
..
|
1
|
|
8.
|
Jaora
Ratlam
|
..
..
|
..
..
|
1
|
6.
|
Jaora
Ratlam
|
..
..
|
1
|
100,166
107,321
|
|
9.
|
Panna
Samthar
Ajaigarh
|
..
..
..
|
..
..
..
|
1
|
7.
|
Panna
Samthar
Ajaigarh
|
..
..
..
|
1
|
212,130
33,307
85,895
|
|
10.
|
Bijawar Charkhari Chhatarpur
|
..
..
..
|
..
..
..
|
1
|
8.
|
Bijawar
Charkhari
Chhatarpur
|
..
..
..
|
1
|
115,852
120,351
161,267
|
|
11.
|
Baoni
Nagod
aihar
Baraundhha
|
..
..
..
..
|
..
..
..
..
|
1
|
9.
|
Baoni
Nagod
Maihar
Baraundhha
|
..
..
..
..
|
1
|
19,132
74,589
68,991
16,971
|
|
12.
|
Barwani
Ali Rajpur
Shahpura
|
..
..
..
|
..
..
..
|
1
|
10.
|
Barwani
Ali Rajpur
Shahpura
|
..
..
..
|
1
|
141,110
101,963
54,233
|
|
13.
|
Jhabua
Sailana
Sitamau
|
..
..
..
|
..
..
..
|
1
|
11.
|
Jhabua
Sailana
Sitamau
|
..
..
..
|
1
|
145,522
35,223
28,422
|
|
14.
|
Raigarh
Narsingarh
Khilchipur
|
..
..
..
|
..
..
..
|
1
|
12.
|
Raigarh
Narsingarh
Khilchipur
|
..
..
..
|
1
|
134,991
113,873
45,583
|
|
|
|
|
DIVISION XII
|
|
|
|
|
|
1.
|
Cutch
|
..
|
..
|
1
|
1.
|
Cutch
|
..
|
1
|
514, 307
|
|
2.
|
Idar
|
..
|
..
|
1
|
2.
|
Idar
|
..
|
1
|
262,060
|
|
3.
|
Nawanagar
|
..
|
..
|
1
|
3.
|
Nawanagar
|
..
|
1
|
40,992
|
|
4.
|
Bhavnagar
|
..
|
..
|
1
|
4.
|
Bhavnagar
|
..
|
1
|
500,274
|
|
5.
|
Junagadh
|
..
|
..
|
1
|
5.
|
Junagadh
|
..
|
1
|
545,152
|
|
6.
|
Rajpipla
Palanpur
|
..
..
|
..
..
|
1
|
6.
|
Rajpipla
Palanpur
|
..
..
|
1
|
206,114
264,179
|
|
7.
|
Dhrangadhra
Gondal
|
..
..
|
..
..
|
1
|
7.
|
Dhrangadhra
Gondal
|
..
..
|
1
|
88,961
205,646
|
|
8.
|
Porbandar
Morvi
|
..
..
|
..
..
|
1
|
8.
|
Porbandar
Morvi
|
..
..
|
1
|
115,673
113,023
|
|
9.
|
Radhanpur
Wankaner
Palitana
|
..
..
..
|
..
..
..
|
1
|
9.
|
Radhanpur
Wankaner
Palitana
|
..
..
..
|
1
|
70,530
44,259
62,150
|
|
10.
|
Cambay
Dharampur
Balasinor
|
..
..
..
|
..
..
..
|
1
|
10.
|
Cambay
Dharampur
Balasinor
|
..
..
..
|
1
|
87,761
112,031
52,525
|
|
11.
|
Baria
Chhota Udepur
Sant
Lunawada
|
..
..
..
..
|
..
..
..
..
|
1
|
11.
|
Baria
Chhota Udepur
Sant
Lunawada
|
..
..
..
..
|
1
|
159,129
144,640
83,531
95,162
|
|
12.
|
Bansda
Sachin
Jawhar
Danta
|
..
..
..
..
|
..
..
..
..
|
1
|
12.
|
Bansda
Sachin
Jawhar
Danta
|
..
..
..
..
|
1
|
48,839
22,107
57,261
26,196
|
|
13.
|
Dhrol
Limbdi
Wadhwan
Rajkot
|
..
..
..
..
|
..
..
..
..
|
1
|
13.
|
Dhrol
Limbdi
Wadhwan
Rajkot
|
..
..
..
..
|
1
|
27,639
40,088
42,602
75,540
|
|
|
|
|
DIVISION XIII
|
|
|
|
|
|
1.
|
Kolhapur
|
..
|
..
|
2
|
1.
|
Kolhapur
|
..
|
1
|
957,137
|
|
2.
|
Sangli
Savantvadi
|
..
..
|
..
..
|
1
|
2.
|
Sangli
Savantvadi
|
..
..
|
1
|
258,442
230,589
|
|
3.
|
Janjira
Mudhol
Dhor
|
..
..
..
|
..
..
..
|
1
|
3.
|
Janjira
Mudhol
Dhor
|
..
..
..
|
1
|
110,379
62,832
141,546
|
|
4.
|
Jamkhandi
Miraj (Senior)
Miraj (Junior)
Kurundwad
(Senior)
Kurundwad
(Junior)
|
..
..
..
..
..
..
..
|
..
..
..
..
..
..
..
|
1
|
4.
|
Jamkhandi
Miraj (Senior)
Miraj (Junior)
Kurundwad
(Senior)
Kurundwad
(Junior)
|
..
..
..
..
..
..
..
|
1
|
114,270
93,938
40,684
44,204
39,583
|
|
5.
|
Akalkot
Phaltan
Jath
Aundh
Ramdurg
|
..
..
..
..
..
|
..
..
..
..
..
|
1
|
5.
|
Akalkot
Phaltan
Jath
Aundh
Ramdurg
|
..
..
..
..
..
|
1
|
92,605
58,661
91,099
76,507
35,454
|
|
|
|
|
DIVISION XIV
|
|
|
|
|
|
1.
|
Patiala
|
..
|
..
|
2
|
1.
|
Patiala
|
..
|
2
|
1,625,520
|
|
2.
|
Bahawalpur
|
..
|
..
|
2
|
2.
|
Bahawalpur
|
..
|
1
|
984,182
|
|
3.
|
Khairpur
|
..
|
..
|
1
|
3.
|
Khairpur
|
..
|
1
|
227,183
|
|
4.
|
Kapurthala
|
..
|
..
|
1
|
4.
|
Kapurthala
|
..
|
1
|
316,757
|
|
5.
|
Jind
|
..
|
..
|
1
|
5.
|
Jind
|
..
|
1
|
324,676
|
|
6.
|
Nabha
|
..
|
..
|
1
|
6.
|
Nabha
|
..
|
1
|
287,574
|
|
7.
|
Mandi
Bilaspur
Suket
|
..
..
..
|
..
..
..
|
1
|
7.
|
Mandi
|
..
|
1
|
349,573
|
|
8.
|
Tehri-Garhwal
Sinmur
Chamba
|
..
..
..
|
..
..
..
|
1
|
8.
|
Tehri-Garhwal
Bilaspur
Suket
Sinmur
Chamba
|
..
..
..
..
..
|
1
|
207,465
100,994
58,408
148,568
146,870
|
|
9.
|
Faridkot
Malerkotla
Loharu
|
..
..
..
|
..
..
..
|
1
|
9.
|
Faridkot
Malerkotla
Loharu
|
..
..
..
|
1
|
164,564
83,072
23,338
|
|
|
|
|
DIVISION XV
|
|
|
|
|
|
1.
|
Cooch Behar
|
..
|
..
|
|
1.
|
Cooh Behar
|
..
|
1
|
590,686
|
|
2.
|
Tripura
|
..
|
..
|
|
2.
|
Tripura
|
..
|
1
|
382,450
|
|
|
Manipur
|
..
|
..
|
1
|
3.
|
Manipur
|
..
|
1
|
445,606
|
|
1.
|
Mayurbhanj
|
..
|
..
|
|
1.
|
Mayurbhanj
|
..
|
1
|
889,603
|
|
|
Sonepur
|
..
|
..
|
1
|
2.
|
Sonepur
|
..
|
1
|
237,920
|
|
2.
|
Patna
|
..
|
..
|
|
3.
|
Patna
|
..
|
1
|
566,924
|
|
|
Kalahandi
|
..
|
..
|
1
|
4.
|
Kalahandi
|
..
|
1
|
513,116
|
|
3.
|
Keonjhar
|
..
|
..
|
|
5.
|
Keonjhar
|
..
|
1
|
460,609
|
|
|
Dhenkanal
|
..
|
..
|
|
6.
|
Gangpur
|
|
1
|
356,674
|
|
|
Nayagarh
|
..
|
..
|
1
|
7.
|
Bastar
|
..
|
1
|
524,721
|
|
|
Talcher
Nilgiri
|
..
..
|
..
..
|
|
8.
|
Surguja
|
..
..
|
1
|
501,939
|
|
4.
|
Gangpur
Bemra
Seraikela
Baud
Bonai
|
..
..
..
..
..
|
..
..
..
..
..
|
1
|
9.
|
Dhenkanal
Nayagarh
Seraikela
Baud
Talcher
Bonai
Nilgiri
Bamra
|
..
..
..
..
..
..
..
..
|
8
|
284,326
142,406
143,525
135,248
69,702
80,186
68,594
151,047
|
|
5.
|
Bastar
Surguja
Raigarh
Nandgaon
|
..
..
..
..
|
..
..
..
..
|
1
|
|
6.
|
Khairagarh
Jashpur
Kanker
Korea
Sarangarh
|
..
..
..
..
..
|
..
..
..
..
..
|
1
|
10.
|
Rzigarh
Khairagarh
Jashpur
Kanker
Korea
Nandgaon
|
..
..
..
..
..
..
|
3
|
277,569
157,400
193,698
136,101
128,967
90,886
182,380
|
|
|
|
|
DIVISION XVII
|
|
|
|
|
|
States not mentioned in any of the preceding Divisions, but described in paragraph 12 of this Part of this Schedule.
|
2
|
States not mentioned in any of the preceding Divisions, but described in paragraph 12 of this Part of this Schedule.
|
5
|
3[3,017,120]
|
|
Total population of the States in this Table:
|
4[78,996,844]
|
Schedule 2
Schedule 2
"SECOND SCHEDULE1
(Section 6)
Provisions of the Act which may be amended without affecting the Accession of a State.
Part I.- Insofar it relates to the Commander-in-Chief.
Part II, chapter II.- Save with respect to the exercise by the Governor-General on behalf of His Majesty of the executive authority of the Federation, and the definition of the functions of the Governor-General; the executive authority of the Federation; the function of the council of ministers, and the choosing and summoning of ministers and their tenure of office; the power of the Governor-General to decide whether he is entitled to act in his discretion or exercise his individual judgment; the functions of the Governor-General with respect to external affairs and defence; the special responsibilities of the Governor-General relating to the peace or tranquillity of India or any part thereof, the financial stability and credit of the Federal Government, the right of Indian States and the rights and dignity of their Rulers, and the discharge of his functions by or under the Act in his discretion or in the exercise of his individual judgment; His Majesty's instrument of Instructions to the Governor-General; the superintendence of the Secretary of State, and the making of rules by the Governor-General in his discretion for the transaction of, and the securing of transmission to him of information with respect to, the business of the Federal Government.
Part II, chapter III.- Save with respect to the number of the representatives of British India and of the Indian States in the Council of State and the Federal Assembly and the manner in which the representatives of Indian States are to be chosen the disqualifications for membership of a Chamber of the Federal Legislature in relation to the representatives of the States; the procedure for the introduction and passing of Bills joint sittings of the two Chambers, the assent to Bills, or the withholding assent from Bills, by the Governor-General; the reservation of bills for the signification of His Majesty's pleasure; the annual financial statement; the charging on the revenues of the Federation of the salaries, allowances and pensions payable to or in respect of judges of the Federal Court, of expenditure for the purpose of the discharge by the Governor-General of his functions with respect to external affairs, defence, and the administration of any territory in the direction and control of which he is required to act in his discretion and of the sums payable to His Majesty in respect of the expenses incurred in discharging the functions of the Crown in its relations with Indians States; the procedure with respect to estimates and demands for grants; supplementary financial statements; the making of rules by the Governor-General for regulating the procedure of, and the conduct of business in the Legislature in relation to matters where he acts in his discretion or exercises his individual judgment, and for prohibiting the discussion of, or the asking of questions on, any matter connected with or the personal conduct of the Ruler or ruling family of any Indian State; the making of rules by the Governor-General as to the procedure with respect to joint sittings of, and communication between, the two chambers and the protection of judges of the Federal Court and State High Courts from discussion in the Legislature of their conduct.
Part II, chapter IV.- Save with respect to the power of the Governor-General to promulgation ordinances in his discretion or in the exercise of his individual judgment, or to enact Governor-General's Acts.
Part III, chapter I.- The whole chapter.
Part III, chapter II.- Save with respect to the special responsibilities of the Governor relating to the rights of Indian States and the rights and dignity of the Rulers thereof and to the execution of orders or directions of the Governor-General, and the superintendence of the Governor-General in relation to those responsibilities.
Part III, chapter III.- Save with respect to the making of rules by the Governor for prohibiting the discussion of, or the asking of questions on, any matter connected with or the personal conduct of the Ruler or ruling family of any Indian State, and the protection or judges of the Federal Court and State High Courts from discussion in the Legislature of their conduct.
Part III, chapter IV.- The whole chapter.
Part III, chapter V.- The whole chapter.
Part III, chapter VI.- The whole chapter.
Part IV.- The whole Part.
Part V, chapter I.- Save with ‘respect to the power of the Federal Legislature to make laws for a State; the power of the Governor-General to empower either the Federal Legislature or Provincial Legislature to enact a law with respect to any matter not enumerated in any of the Lists in the Seventh Schedule to this Act; any power of a State to repeal a Federal law, and the effect of inconsistencies between a Federal law and a State law.
Part V, chapter II.- Save with respect to the previous sanction of the Governor-General to the introduction or moving of any Bill or amendment affecting matters as respects which the Governor-General is required to act in his discretion; the power of Parliament to legislate for British India or any part thereof, or the restrictions on the power of the Federal Legislature and of Provincial Legislatures to make laws on certain matters.
Part V, chapter III.- The whole chapter.
Part VI.- Save in so far as the provisions of that Part relate to Indian States, or empower the Governor-General to issue orders to the Governor of a Province for preventing any grave menace to the place or tranquility of India or any part thereof.
Part VII, chapter I.- In so far as it relates to Burma.
Part VII, chapter II.- Save with respect to loans and guarantees to Federated States and the appointment, removal and conditions of service of the Auditor-General.
Part VII, chapter III.- Save in so far as it affects suits against the Federation by a Federated State.
Part VIII.- Save with respect to the constitution and functions of the Federal Railways Authority; the conduct of business between the Authority and the Federal Government, and the Railway Tribunal and any matter with respect to which it has jurisdiction.
Part IX, chapter I.- In so far as it relates to appeals to the Federal Court from High Courts in British India; the power of the Federal Legislature to confer further powers upon the Federal Court for the purpose of enabling it more effectively to exercise the powers conferred upon it by this Act.
Part IX, chapter II.- The whole chapter.
Part X.- Save with respect to the eligibility of Rules and subjects of Federated States for civil Federal office.
Part XI.- The whole Part.
Part XII.- Save with respect to the saving for rights and obligations of the Crown in its relation with Indian States; the use of His Majesty's forces in connection with the discharge of the function of the Crown in its said relations; the limitation in relation to Federated States of His Majesty's power to adapt and modify existing Indian laws: His Majesty's powers and jurisdiction in Federated States, and resolutions of the Federal Legislature or any Provincial legislature recommending amendments of this Act or Orders in Council made thereunder; and save also the provisions relating to the interpretation of this Act so far as they apply to provisions of this Act which may not be amended without affecting the accession of a State.
Part XIII.- The whole Part.
First Schedule.- The whole Schedule, except Part II thereof.
Fourth Schedule.- Save with respect to the oath or affirmation to be taken or made by the Ruler or subject of an Indian State.
Fifth Schedule.- The whole Schedule.
Sixth Schedule.- The whole Schedule.
Seventh Schedule.- Any entry in the Legislative Lists in so far as the matters to which it relates have not been accepted by the State in question as matters with respect to which the Federal Legislature may make laws for that State.
Eighth Schedule.- The whole Schedule.
Ninth Schedule.- The whole Schedule.
Tenth Schedule.- The whole Schedule.".
Schedule 3
Schedule 3
THIRD SCHEDULE
(Sections 7, 48)
Provisions as to Governor-General and Governors of Province
1. There shall be paid to the Governor-General and to the Governors of the Provinces the following annual salaries, that is to say:
1[***]
|
2[The Governor of a Province
|
|
66,000 rupees.
|
Provided that the annual salary payable to any person who having been the Governor of a Province immediately before the 15th day of August, 1947, continues to be the Governor of that Province, shall be the same as before that date.]
2. There shall be paid to the Governor-General and to the Governors such allowances for expenses in respect of equipment and travelling upon appointment and such allowances during their terms of office as may from time to time be 3[fixed, as respects the Governor-General by Act of the Dominion Legislature, and as respects Governor by order of the Governor-General], and such provision shall be made for enabling the Governor-General and the Governors to discharge conveniently and with dignity the duties of their offices as may be 4[so determined].5
3. While the Governor-General or a Governor is absent on leave, he shall in lieu of his salary be entitled to such leave allowance as may be fixed by 6[such an Act, or, as the case may be, an order, as aforesaid].
4. There shall be granted to and in respect of the Governor-General and the Governor of every Province such customs privileges as may be specified by 7[such an Act, or, as the case may be, an order, as aforesaid].
5. While any person 8[appointed] to act as Governor-General or as a Governor is so acting he shall be entitled to the same salary and, save as may be otherwise provided by 9[such an Act, or, as the case may be, an order as aforesaid] the same allowances and privileges as the Governor-General or that Governor.
6. Any sums required to give effect to the provisions of this Schedule shall, in the case of the Governor-General or a person acting as such, be paid out of and charged on the revenues of the Province.
10[7. Until other provision is made by Act of the Dominion Legislature, the Governor-General shall be entitled to the same allowances and privileges as he was entitled to immediately before the date of the establishment of the Dominion under the rules and orders then in force.]
Schedule 4
Schedule 4
FOURTH SCHEDULE
(Sections 24, 67, 200 & 220)
Forms of oaths or Affirmations
1.
Form of oath or affirmation to be taken or made by a member of a Legislature who is a British subject:-
I, A.B., having been elected [or nominated or appointed] a member of this Council [or Assembly], do solemnly swear [or affirm] that I will be faithful and bear true allegiance to His Majesty the King, Emperor of India, His heirs and successors, and that I will faithfully discharge the duty upon which I am about to enter."
2.
Form of oath or affirmation to be taken or made by a member of a Legislature who is the Ruler of an Indian State:-
"I, A.B., having been elected [or nominated or appointed] a member of this Council [or Assembly], do solemnly swear [or affirm] that I will be faithful and bear true allegiance in my capacity as Member of this Council [or Assembly] to His Majesty the King, Emperor of India, His heirs and successors, and that I will faithfully discharge the duty upon which I am about to enter."
3.
Form of oath or affirmation to be taken or made by a member of a Legislature who is a subject of the Ruler of an Indian State:-
"I, A.B., having been selected [or nominated or appointed] a member of this Council [or Assembly]; do solemnly swear [or affirm] that saving the faith and allegiance which I owe to C.D., his heirs and successors, I will be faithful and bear true allegiance in my capacity as Member of this Council [or Assembly] to His Majesty the King, Emperor of India, His heirs and successors, and that I will faithfully discharge the duty upon which I am about to enter."
4.
Form of judicial oath or affirmation to be taken or made by a British subject:-
"I, A.B., having been appointed Chief Justice [or a judge] of the
Court do solemnly swear [or affirm] that I will be faithful and bear true allegiance to His Majesty the King, Emperor of India, His heirs and successors and that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment."
5.
Form of judicial oath or affirmation to be taken or made by a subject of the Ruler of an Indian State:-
"I, A.B., having been appointed Chief Justice [or a judge] of the
Court do solemnly swear [or affirm] that saving the faith and allegiance which I owe to C.D., his heirs and successors, I will be faithful and bear true allegiance in my judicial capacity to His Majesty the King, Emperor of India, His heirs and successors, and that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment."
Schedule 5
Schedule 5
FIFTH SCHEDULE1
(Section 61)
Composition of Provincial Legislatures
General qualification for Membership
1. A person shall not be qualified to be chosen to fill a seat in a Provincial Legislature unless he-
(a) is a British subject or the Ruler or a subject of an Indian State which has acceded to the Federation or, if it is so prescribed with respect to any Province the Ruler or a subject of any prescribed Indian State; and
(b) is, in the case of a seat in a Legislative Assembly, not less than twenty-five years of age, and in the case of a seat in a Legislative Council, not less than thirty years of age; and
(c) possesses such, if any, of the other qualifications specified in, or prescribed under, this Schedule as may be appropriate in his case.
2. Upon the expiration of the term for which he is chosen to serve as a member of a Provincial Legislature, a person, if otherwise duly qualified, shall be eligible to be chosen to serve for a further term.
Legislative Assemblies
3. The allocation of seats in Provincial Legislative Assemblies shall be as shown in the relevant Table of Seats appended to this Schedule.
4. In the Legislative Assembly of each Province specified in the first column of the Table of Seats there shall be the number of seats specified in the second column opposite to that Province, and of those seats-
(i) the number specified in the third column shall be general seats, of which the number specified in the fourth column shall be reserved for members of the scheduled castes and, in the case of Bombay, seven shall be reserved for Marathas;
(ii) the numbers specified in the next ten columns shall be the numbers of seats to be filled by persons chosen top represent respectively- (a) backward areas and backward tribes; (b) the Sikh community; (c) the Muhammadan community; (d) the Anglo-Indian community; (e) the European community; (f) the Indian Christian community; (g) the interests of commerce, industry, mining and planting; (k) land-holders; (i) universities; and (j) the interests of labour; and
(iii) the numbers specified in the last five columns shall be the members of seats (being either general seats, Sikh seats, Muhammadan seats, Anglo-Indian seats or Indian Christian seats) reserved for women.
In the Punjab one of the landholder's seats shall be a seat to be filled by a Tumandar.
5. A Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency or in any constituency of any particular class, shall be divided into territorial constituencies-
(i) for the election of persons to fill the general seats;
(ii) for the election of persons to fill the Sikh seats, if any;
(iii) for the election of persons to fill the Muhammadan seats;
(iv) for the election of persons to fill the Anglo-Indian seats, if any; and
(v) for the election of persons to fill the European seats, if any; and
(vi) except in the case of Bihar, for the election of persons to fill the Indian Christian seats, if any, or, if as respects any class of constituency it is so prescribed, may form one territorial constituency.
In the case of each class of constituency as aforesaid the total number of seats available shall be distributed between the constituencies by the assignment of one or more of those seats to each constituency.
6. The required number of general seats to be reserved for members of the schedule castes, and in the Province of Bombay for Marathas, shall be reserved by reserving for members of those castes or, as the case may be, for Marathas one or more seats in each of so many of the general territorial constituencies as may be necessary, so, however, that in each such constituency there shall be at least one unreserved seat.
7. In a province in which any general seats are reserved for members of the scheduled castes, all members of those castes, who are entitled to vote in a constituency in which any seat is so reserved shall be entitled to take part in a primary election held for the purpose of electing four candidates for each seat so reserved and no member of those castes not elected as a candidate at such an election shall be qualified to hold-
(a) a seat so reserved in that constituency;
(b) if it is so prescribed as respects that Province, any seat in that constituency.
In relation to bye-elections this paragraph shall have effect with such adaptations and modifications as may be prescribed.
8. The persons to fill the seats specified in columns fifteen to nineteen of the Table of Seats as seats to be filled by women shall be chosen in territorial constituencies, which shall be either:-
(a) constituencies formed under paragraph five of this Schedule; or
(b) constituencies specially formed for the purpose of electing women members.
9. The provisions of the Sixth Schedule to this Act shall have effect with respect to the persons who are entitled to vote at elections in the territorial constituencies mentioned in paragraphs five and eight of this Schedule.
10. In a Province in which any seats are to be filled by representatives of backward areas or backward tribes, representatives of commerce, industry, mining and planting, representatives of landholders, representatives of universities or representatives of labour, persons to fill those seats, and in Bihar the person to fill the Indian Christian seat, shall be chosen in such manner as may be prescribed:
Provided that in a Province in which any seats are to be filled by representatives of backword areas or backward tribes some or all of those seats may, if it is so prescribed, be treated in the prescribed manner as additional general seats to be reserved for representatives of such areas or tribes.
11. In the Punjab the landholder's seat to be filled by a Tumandar shall be assigned to such constituency as may be prescribed.
12. A person 2[shall not be qualified to hold a seat] in the Legislative Assembly of a Province unless-
(a) in the case of a seat to be filled by a woman, by a European, by an Indian Christian, by a representative of backward areas or backward tribes, by a representative of commerce, industry, mining and planting, by a representative of universities or by a representative of labour, he possesses such qualifications as may be prescribed; and
(b) in the case of any other seat, he is entitled to vote in the choice of a member to fill that seat or any other seat of a similar class in that Province.
Legislative Councils
13. The allocation of seats in the Legislative Councils of Provinces having such Councils shall be as shown in the relevant Table on Seats appended to this Schedule.
14. In the Legislative Council of each Province specified in the first column of the Table of Seats there shall be the number of seats specified in the second column opposite to that Province, and of those seats-
(a) the number specified in the third column shall be general seats;
(b) the number chosen specified in the fourth, fifth and sixth columns shall be seats to be filled by persons chosen to represent respectively the Muthammadan community, the European community and the Indian Christian community;
(c) the number specified in the seventh column shall be seats to be filled by persons elected by the members of the Legislative Assembly of the Province in accordance with the system of proportional representation by means of the single transferable vote; and
(d) the number specified in the eighth column shall be seats to be filled by persons chosen by the Governor in his discretion.
15. A Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency or in any constituency of any particular class, shall be divided into territorial constituencies-
(i) for the purpose of electing persons to fill the general seats;
(ii) for the purpose of electing persons to fill the Muhammadan seats;
(iii) for the purpose of electing persons to fill the European seats;
(iv) for the purpose of electing persons to fill the Indian Christian seats, if any, or if as respects any class of constituency it is so prescribed, may form one territorial constituency.
In the case of each such class of constituency as aforesaid the total number of seats available shall be distributed between the constituencies by the assignment of one or more of those to each constituency.
16. At an election in a constituency to fill a general seat, persons entitled to vote in a Muhammadan constituency, a European constituency, or an Indian Christian constituency shall not be entitled to vote.
In the case of a Muhammadan constituency, a European constituency, or an Indian Christian constituency no person shall be entitled to vote who is not, as the case may be, a Muhammadan, a European, or an Indian Christian.
17. The qualification entitling a person to vote in territorial constituencies at elections of members of a Provincial Legislative Council, and the qualifications to be possessed by members of such Councils, shall be such as may be prescribed.
18. The term of office of a member of the Legislative Council of a Province, other than a member chosen to fill a casual vacancy, shall be nine years, but upon the first constitution of the Council the Governor in his discretion shall make by order such provisions as he thinks fit, by curtailing the term of office of some of the members then chosen, for securing that, as nearly as may be, one-third of the members holding seats of each class shall retire in every third year thereafter.
A member chosen to fill a causal vacancy shall be chosen to serve for the remainder of his predecessor's term of office.
General
19. In the foregoing provisions of the Schedule the following expressions have the meanings hereby assigned to them, that is to say,-
"a European," "an Anglo-Indian," "an Indian Christian" and "the scheduled caste" have the same meanings respectively as they have in Part I of the First Schedule to this Act;
"backward areas" and "backward tribes" mean respectively such areas and tribes as His Majesty in Council may from time to time declare to be areas and tribes to which a special system of representation is more appropriate; and "prescribed" means prescribed by His Majesty in Council or, so far as regards any matter which under this Act the Provincial Legislature or the Governor are competent to regulate, prescribed by an Act of that Legislature or by a rule made under the next succeeding paragraph.
20. Insofar as provisions with respect to any matter is not made by this Act or by His Majesty in Council or, after the constitution of the Provincial Legislature, by Act of Legislature (where the matter is one with respect to which that Legislature is competent to make laws), the Governor, exercising his individual judgment, may make rules for carrying into effect the foregoing provisions of this Schedule and the provisions of the Sixth Schedule and securing the due constitution of the Provincial Legislature and in particular, but without prejudice to the generality of the foregoing words, with respect to-
(i) the notification of vacancies, including casual vacancies, and the proceedings to be taken for filling vacancies;
(ii) the nomination of candidates;
(iii) the conduct of elections, including the application to elections of the principle of proportional representative by means of the single transferable vote and the rules to regulate elections where certain of the seats to be filled are reserved for members of the scheduled classes, or in the case of Bombay for Marathas, or where certain of the seats allotted to any community must be held by a woman or by a specified type of landholder;
(iv) the expenses of candidates at elections;
(v) corrupt practices and other offences at or in connection with elections;
(vi) the decision of doubts and disputes arising out of or in connection with elections; and
(vii) the manner in which the rules are to be carried into effect.
TABLE OF SEATS
Principles Legislative Assemblies
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
|
Province.
|
Total Seats.
|
General Seats.
|
Seats for representatives of backward areas and tribes.
|
Sikh Seats.
|
Muhammadan Seats.
|
Anglo-Indian Seats.
|
European Seats.
|
Indian Christian Seats.
|
Seats for representatives of Commerce, Industry, mining, and planting.
|
Landholder's Seats.
|
University Seats.
|
Seats for representatives of labour.
|
General
|
Seats for Women.
|
|
Total of General Seats.
|
General Seats reserved for Schedule Castes.
|
Sikh.
|
Muhammadan.
|
Anglo-Indian.
|
Indiana Christian.
|
|
Madras
|
..
|
..
|
215
|
146
|
30
|
1
|
-
|
28
|
2
|
3
|
8
|
6
|
6
|
1
|
6
|
6
|
-
|
1
|
-
|
1
|
|
Bombay
|
..
|
..
|
175
|
114
|
15
|
1
|
-
|
29
|
2
|
3
|
3
|
7
|
2
|
1
|
7
|
5
|
-
|
1
|
-
|
-
|
|
Bengal
|
..
|
..
|
250
|
78
|
30
|
-
|
-
|
117
|
3
|
11
|
2
|
19
|
5
|
2
|
8
|
2
|
-
|
2
|
1
|
-
|
|
United Provinces
|
..
|
..
|
228
|
140
|
20
|
-
|
-
|
64
|
1
|
2
|
2
|
3
|
6
|
1
|
3
|
4
|
-
|
2
|
-
|
-
|
|
Punjab
|
..
|
..
|
175
|
42
|
8
|
-
|
31
|
84
|
1
|
1
|
2
|
1
|
5
|
1
|
3
|
1
|
1
|
2
|
-
|
-
|
|
Bihar
|
..
|
..
|
152
|
86
|
15
|
7
|
-
|
39
|
1
|
2
|
1
|
4
|
4
|
1
|
3
|
3
|
-
|
1
|
-
|
-
|
|
Central Provinces and Berar
|
..
|
..
|
112
|
84
|
20
|
1
|
-
|
14
|
1
|
1
|
-
|
2
|
3
|
1
|
2
|
3
|
-
|
-
|
-
|
-
|
|
Assam
|
..
|
..
|
108
|
47
|
7
|
9
|
-
|
34
|
-
|
1
|
1
|
11
|
-
|
-
|
4
|
1
|
-
|
-
|
-
|
-
|
|
North-West Frontier Province
|
..
|
..
|
50
|
9
|
-
|
-
|
3
|
36
|
-
|
-
|
-
|
-
|
2
|
-
|
-
|
-
|
-
|
-
|
-
|
-
|
|
Orissa
|
..
|
..
|
60
|
44
|
5
|
5
|
-
|
4
|
-
|
-
|
1
|
1
|
2
|
-
|
1
|
2
|
-
|
-
|
-
|
-
|
|
Sind
|
..
|
..
|
60
|
18
|
-
|
-
|
-
|
35
|
-
|
2
|
-
|
2
|
2
|
-
|
1
|
1
|
-
|
-
|
-
|
-
|
In Bombay seven of the general seats shall be reserved for Marathas. In the Punjab one of the Landholders' seats shall be a seat to be filled by a Tumandar. In Assam and Orissa the seats reserved for women shall be non-communal seats.
TABLE OF SEATS
Provincial Legislative councils
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
Province.
|
Total of Seats.
|
General
Seats.
|
Muhammadan Seats.
|
European Seats.
|
Indian Christian Seats.
|
Seats to be filled by Legislative Assembly.
|
Seats to be filled by Governor.
|
|
Madras
|
..
|
..
|
Note less than 54
Note more than 56
|
35
|
7
|
1
|
3
|
-
|
Note less than 8
Note more than 10
|
|
Bombay
|
..
|
..
|
Note less than 29
Note more than 30
|
20
|
5
|
1
|
-
|
-
|
Note less than 3
Note more than 4
|
|
Bengal
|
..
|
..
|
Note less than 30
Note more than 63
|
10
|
17
|
3
|
-
|
27
|
Note less than 6
Note more than 8
|
|
United Provinces
|
..
|
..
|
Note less than 65
Note more than 58
|
34
|
17
|
1
|
-
|
-
|
Note less than 6
Note more than 8
|
|
Bihar
|
..
|
..
|
Note less than 29
Note more than 30
|
9
|
4
|
1
|
-
|
12
|
Note less than 3
Note more than 4
|
|
Assam
|
..
|
..
|
Note less than 21
Note more than 22
|
10
|
6
|
2
|
-
|
-
|
Note less than 3
Note more than 4
|
Schedule 6
Schedule 6
SIXTH SCHEDULE1
SCHEDULE 5(9)
Provisions as to Franchise
Part I - GENERAL
1. There shall be an electoral roll for every territorial constituency and no person who is not, and, except as expressly provided by this Schedule, every person who is, for the time being included in the electoral roll for any such constituency shall be entitled to vote in that constituency.
2. The electoral rolls for the territorial constituencies shall be made up and from time to time in whole or in part revised by references to such date, in this Schedule referred to as "the prescribed date," as may be directed in each case by the Governor, erercising his individual judgment.
3. No person shall be included in the electoral roll for any territorial constituency unless he has attained the age of twenty-one years and is either-
(a) a British subject; or
(b) the Ruler or a subject of a Federated State; or
(c) if and so far as it is so prescribed with respect to any Province, and subject to any prescribed conditions, the Ruler or a subject of any other Indian State.
4. No person shall be included in the electoral roll for, or vote at any elections in, any territorial constituency if he is of unsound mind and stands so declared by a competent court.
5. No person shall be included in the electoral roll for a Sikh constituency, a Muhammadan constituency, an Anglo-Indian constituency, a European constituency or an Indian Christian constituency unless he is a Sikh, a Muhammadan, an Anglo-Indian, a European or an Indian Christian, as the case may be.
6. No person who is or is entitled to be included in the electoral roll for any Sikh constituency, Muhammadan constituency, Anglo-Indian constituency, European constituency or Indian Christian constituency in any Province shall be included in the electoral roll for a general constituency in that Province. 2[***]:
Provided that this paragraph shall not apply in relation to the general seats reserved for women in Assam and Orissa or the constituencies for the election of persons to fill those seats.
7. No person shall in any Province vote at a general election in more than one territorial constituency, and in each Province such Provisions, if any, as may be prescribed in relation to that Province shall have effect for the purpose of preventing persons being included in the electoral roll for more than one territorial constituency in the Province. 3[If a person votes in more than one constituency in contravention of this paragraph, his votes in each constituencies shall be void.];
Provided that, in any Province in which territorial constituencies have been specially formed for the purpose of electing women members, nothing in this paragraph or in any such provisions shall prevent a person from being included in the electoral roll for, and voting at a general election in, one territorial constituency so formed and also one territorial constituency not so formed.
8. No person shall be included in the electoral roll for, or vote at any election in, a territorial constituency if he is for the time being disqualified from voting under the provisions of such Order in Council, Act of the Provincial Legislature or rules made by the Governor as may be made or passed under this Act with respect to corrupt practices and other offences in connection with elections, and the name of any person who becomes so disqualified shall forthwith be struck off all the electoral rolls for territorial constituencies in which it may be included.
9. No person shall vote at any election in any territorial constituency, if he is for the time being undergoing a sentence of transportation, penal servitude or imprisonment.
10. The following provisions shall have effect with respect to the enfranchisement of women in respect of the qualifications of their husbands-
(a) a woman who, at the date of the death of her husband, is included in an electoral roll for a territorial constituency by virtue of his qualifications shall, notwithstanding anything in the subsequent provisions of this Schedule, continue to be on the roll for that constituency unless she remarries or becomes disqualified under the foregoing provisions of this Schedule for inclusion in that roll;
(b) not more than one women shall at any one time appear in the electoral rolls for the territorial constituencies in a Province in respect of the qualifications of any particular man and any question which of several women is to be selected for inclusion shall be determined in the prescribed manner:
Provided that, if a woman who is entitled by virtue of sub-paragraph (a) of this paragraph to remain on the roll of a territorial constituency changes her place of residence, then, if she so desires, she may, on any subsequent revision of the roll, be transferred to the roll of such other territorial constituency as may be appropriate.
11. For the purposes of this Schedule any property owned, held, or occupied or payment made by, or assessment made on, a person as a trustee, guardian, administrator or receiver or in any other fiduciary capacity, shall except as otherwise expressly provided in this Schedule, be left out of account.
4[12. This Schedule shall have effect as if any reference therein to a member of His Majesty's naval, military or air forces included a reference to a member of any British India police force, the Royal Indian Naval Reserve, the Royal Indian Navy Volunteer Reserve, the Auxiliary Force (India), the Indian Territorial Forces or the Royal Indian Air Force Volunteer Reserve not being a member who has been dismissed or discharged for disciplinary reasons:
Provided that this paragraph shall not have effect in relation to any person by reason of his membership of the Royal Indian Naval Reserve, the Royal Indian Naval Volunteer Reserve, the Auxiliary Force (India), the Indian Territorial Force or the Royal Indian Air Forces Volunteer Reserve unless the period of his service either was of not less than four years or included actual service in the Royal Indian Navy or the Royal Indian Air Force or service in a part of the Auxiliary Force (India) or the Indian Territorial Force for the time being embodied in pursuance of a notification issued by the Governor-General in Council and published in the Gazette of India.]
13.- (1) In this Schedule, except where the context otherwise requires-
"territorial constituency" means one of the territorial constituencies mentioned in paragraphs five and eight of the Fifth Schedule to this Act;
"European", "Anglo-Indian" "Indian Christian" and "scheduled castes" have the same meanings respectively as they have in Part I of the First Schedule to this Act;
"Indian Christian constituency" does not included any constituency which may be formed for choosing persons to fill the Indian Christian seat in Bihar;
"person" does not include a body of persons;
"prescribed," except in the phrase "the prescribed date," has the same meaning as in this Fifth Schedule to this Act;
"previous financial year," "previous Bengali year" and "previous fasli year" mean, respectively, the financial year, the Bengali year, and the fasli year immediately preceding that in which the prescribed date falls;
"house" and "building" include, respectively, a part of a house or building separately occupied as a dwelling or for the purposes of any trade, business, or profession;
"literate" means, in relation to any person, able to read and write in some language or dialect selected by him, being a language or dialect in common use in some part of India;
"cantonment" means a cantonment for the purposes of the Cantonments Act, 1924, and "cantonment record" means a record prepared under that Act.
(2) Any reference in this Schedule to "urban constituencies" or "rural constituencies" shall be construed as a reference to such territorial constituencies as may be classified as urban or rural constituencies, respectively, by an Order in Council delimiting territorial constituencies.
Provided that any such Order in Council may direct that any Anglo-Indian constituency, European constituency, or Indian Christian constituency shall be deemed to be an urban constituency for some purposes and a rural constituency for other purposes.
(3) Any reference in this Schedule to persons assessed to income tax in any financial year shall be deemed to include a reference to any partner in a firm assessed to income tax in that year if his share of the firm's income on which income tax was so assessed is certified in the prescribed manner to have been not less than the minimum on which the tax is leviable.
(4) If any question arises under this Schedule whether any person is or is not a Sikh, he shall be deemed to be a Sikh if and only if he makes in the prescribed manner a declaration in the prescribed from that he is a Sikh.
(5) Any reference in this Schedule to a 5.[retired, pensioned or discharged member or to a] retired, pensioned or discharged office, non-commissioned or discharged from that force for disciplinary reasons.
(6) Any reference in his Schedule to all or any of the provisions of any Indian Act shall be construed as a reference to those provisions as amended by or under and other Act or if those provisions are repealed and re-enacted with or without modification, to the provisions so re-enacted.6
Part II.- MADRAS
General requirements as to residence
1. No person shall be qualified to be included in the electoral roll for a territorial constituency unless he has resided in a house in the constituency for a period of not less than one hundred and twenty days in the previous financial year.
A person is deemed to reside in a house if he sometimes uses it as a sleeping place and a person is not deemed to cease to reside in a house merely because he is absent from it or has another dwelling in which he resides, if he is at liberty to return to the house at any time and has not abandoned his intention of returning.
Qualifications dependent on taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for any territorial constituency if in the previous financial year he-
(a) paid tax under the Madras Motor Vehicles Taxation Act, 1931, for the whole of that year; or
(b) paid for both the half years of that year to a municipality, local board or cantonment authority in the Province profession tax under the Madras City Municipal Act, 1919, the Madras District Municipalities Act, 1920, the Madras Local Boards Act, 1920, or the Cantonments Act, 1924; or
(c) paid for both the half of that year to a municipality or cantonment authority in the Province property tax under any of the said Acts; or
(d) paid for both the half years of that year house tax under the Madras Local Boards Act, 1920; or
(e) occupied as sole tenant throughout that year a house in respect of which property tax or house tax has been paid for both the half years of that year under any of the Acts mentioned in this paragraph, or
(f) was assessed to income-tax.
Qualifications dependent on property, etc.
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he-
(a) was on the last day of the previous fasli year a registered landholder, inamdar, ryotwari pattadar or occupancy ryot under the Madras Estates Land Act, 1908; or
(b) was in and for the previous fasli year assessed to ground rent payable to the Government of the Province; or
(c) was throughout the previous fasli year a kanamdar or kuzhikanamdar or the holder of a kudiyiruppu or a verumpattamdar having fixity of tenure, each of these terms having the meaning assigned to it in the Malabar Tenancy Act, 1929; or
(d) was throughout the pervious fasli year a mortgagee with possession or lessee, under a registered instrument, of immovable property in the Province (other than house property) of an annual rent value, in the case of an urban constituency, of not less than one hundred rupees, and, in the case of a rural constituency of not less than fifty rupees.
4.- (1) Sub-paragraph (a) of the last preceding paragraph shall not apply in relation to registered joint landholders, registered joint inamdars, registered joint ryotwari pattadars or registered joint occupancy ryots, but in relation to such persons (being persons so registered on the last day of the precious fasli years) the following provisions of this paragraph shall have effect.
(2) Where the joint holding of any joint landholders or joint holders of a whole inam village is of an annual rental of one-thousand rupees or upwards, then, subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, one registered joint holder for every complete five hundred rupees of the annual rental of the joint holding shall be qualified to be included in the electoral roll of the appropriate territorial constituency.
(3) Where the annual assessment, rent or Kist of the joint holding of joint holders of a minor inam, a ryotwari patta or an estate patta is one hundred rupees or upwards, then, subject as aforesaid, one registered joint holder for every complete fifty rupees of the annual assessment, rent or kist shall be qualified to be included in the electoral roll of the appropriate territorial constituency.
(4) In other cases, one of the registered joint holders shall, subject as aforesaid, be qualified to be included in the electoral roll of the appropriate territorial constituency.
(5) The registered holders to be included under this paragraph in an electoral roll in respect of a joint holding shall be those nominated in an application in that behalf, signed by a majority of the registered joint holders.
Qualification by reason of guardianship
5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is on the prescribed date the guardian of a minor who by virtue of the foregoing provisions of this Part of this Schedule would have been entitled to be included in the electoral roll for that constituency if he were of full age and satisfied the requirements of paragraph one of this Part of this Schedule.
Qualification by reason of Literacy
6. Subject as a aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to be literate.
Qualification by reason of service in His Majesty's Forces
7. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged [member of His Majesty's naval, military or air forces.]
Additional qualifications for women
8. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency-
(a) if she is the pensioned widow or the pensioned mother of a person who was [a member of His Majesty's naval, military or air forces.]
(b) if her husband possesses the qualifications requisite for the purposes of this paragraph.
9. A husband shall be deemed to possess the qualifications requisite for the purpose of the last preceding paragraph if he either-
(a) was assessed in the previous financial year to income-tax; or
(b) is a retired, pensioned or discharged [member of His Majesty's naval, military or air forces]; or
(c) occupied for not less than six months in the previous financial year a house in the City of Madras the annual value whereof was not less than sixty rupees, not being a house in any military or police lines; or
(d) was assessed in the Province in the previous financial year to tax on companies; or
(e) was assessed in the Province in the previous financial year to an aggregate amount of not less than three rupees in respect of either or both of the following taxes, namely property tax or profession tax; or
(f) 7[is registered] as a ryotwari pattadar or an inamdar of land the annual rent value whereof in not less than ten rupees;
(g) 8[hold] under a ryotwari pattadar or an inamdar a registered lease of land the annual rent value whereof is not less than ten rupees; or
(h) 9[is registered] jointly with the proprietor under section fourteen of the Malabar Land Registration Act, 1895, as the occupant of land the annual rent value whereof is not less than ten rupees; or
(i) 10[as landholder] holding an estate the annual rent value where is not less than ten rupees; or
(j) 11[holds] as ryot, or as tenant under a landholder, land the annual rent value whereof is not less than ten rupees.
12[Special qualification for Scheduled Castes]
9-A. Subject to the provisions of Part I of the Schedule and to any overriding provisions of this Part of this Schedule, a person who is a member of the scheduled castes shall be qualified to be included in the roll electoral for any territorial constituency if throughout the previous fasli year he occupied as owner or lessee a house in a municipality, a cantonment or an area subject to the jurisdiction of a local board, with an annual rent value of not less than twelve rupees.]
Application necessary for enrolment in certain cases
1310. No person shall by virtue of sub-paragraph (e) of paragraph 2, sub-paragraph (c) or sub-paragraph (d) of paragraph 3, paragraph 5 or paragraph 6 of this Part of this Schedule, or by virtue of her husband being a retired, pensioned or discharged 14[officer, non-commissioned officer or solider] be included in the electoral roll for any territorial constituency, unless application is made in the prescribed manner by or, if it is so prescribed, on behalf of, that person, that person should be so included.]
General provisions as to joint property, etc.
11.- (1) Subject to the provisions of this paragraph, property held and payments made jointly by, and assessments made jointly on, more than one person, shall be left out of account for the purposes of this Part of this Schedule.
(2) Where any such property, payments or assessments would qualify a person if they had been or made by, or made on, him solely, then, subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, one of those persons shall be qualified in respect of the property, payment or assessment and that person shall be-
(a) if the property is held or the payments or assessments made, by or on a Hindu joint family, the manager thereof;
(b) if the property is held or the payments or assessments made by or on any other joint family, the member thereof authorised in that behalf by the family themselves;
(c) in any other case, the person authorised in that behalf by a majority of the persons by or on whom the property is held or the payments or assessments made.
(3) Nothing in this paragraph affects paragraph four of this Part of this Schedule, or provisions of Part I of this Schedule relating to partners in firms assessed to income-tax.
Interpretation, etc.
12.- (1) In this Schedule, in relation to Madras-
"estate" means an estate as defined in the Madras Estates Land Act, 1908;
"fasli year" means a year ending on the thirtieth day of June;
"landholder" means a person owning an estate or part of an estate and includes every person entitled to collect the rent of the whole or part of an estate by virtue of any transfer from the owner of his predecessor in title or of any order of a competent court, or of any provision of law;
"rent value" means the value as determined with the provisions of section seventy-nine of the Madras Local Boards Act, 1920, with reference to the accounts of the previous fasli year, or, in any case in which it is not possible so to determine the rent value, such value as appears to the registration officer to be the rent value;
"tenant" includes all persons who, whether personally or by an agent, occupy a house or land under the owner or landholder or intermediate landholder; whether or not rent is paid to the owner, landholder or intermediate landholder as the case may be, except that it does not include any person occupying a bonus in military or police lines rent free by virtue of any office, service or employment.
(2) A person who is paying or is liable to pay the rent of a house shall be deemed to occupy it.
15[(3) References to this Part of this Schedule to, or to taxes payable in respect of, land or houses, relate exclusive to land or houses in the Provinces.]
Part III - BOMBAY
General requirement as to residence
1. No person shall be qualified to be included in the electoral roll for a territorial constituency unless he satisfies the requirement as to residence in relation to that constituency.
For the purposes of this Part of this Schedule a person shall be deemed to satisfy the requirement as to residence-
(a) in relation to a Bombay city constituency, if he less for a period of not less than one hundred and eighty days in the previous financial year resided in a house in the city of Bombay or in the Thana mahal or the South Salsatte taluka;
(b) in relation to any other urban constituency, if he has for a period of not less than one hundred and eighty days in the previous financial year resided in a house in the constituency or within two miles of the boundary thereof;
(c) in the case of a rural constituency, if he has for a period of not less than one hundred and eighty days in the previous financial year resided in a house in the constituency, or in a contiguous constituency of the same communal description:
Provided that a person shall be deemed to satisfy the requirement as to residence in relation to any European or Anglo-Indian territorial constituency if he has for a period of not less than one hundred and eighty days in the previous financial year resided in a house in the Province.
A person is deemed to reside in a house if he sometimes uses it as a sleeping place, and a person is not deemed to cease to reside in a house merely because he is absent from it or has another dwelling in which he resides, if he is at liberty to return to the house at any time and has not abandoned his intention of returning.
Qualifications dependent on taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of the Schedule, person shall be qualified to be included in the electoral roll for any territorial constituency. If he was assessed during the previous financial year to income-tax.
Qualifications dependent on property
3. Subject as aforesaid a person shall also be qualified to be included in the electoral roll for any territorial constituency if he-
(a) holds in his own right, or occupies as a tenant, alienated or unalienated land or land on talukdari tenure, being land in the constituency assessed at or of the assessable value of, not less than eight rupees land revenue; or
(b) is the allence of the right of the Government to the payment of rent or land revenue amounting to not less than eight rupees in respect of alienated land in the constituency; or
(c) is a khot or sharer in a khoti village in the constituency, or a sharer in a bhagdari or narwadari village in the constituency, and is responsible for the payment of not less than eight rupees land revenue; or
(d) occupies in the constituency as owner or tenant a house or building, situate in the city of Bombay or in any municipal borough, municipal district, cantonment or notified area, and having at least the appropriate value.
In sub-paragraph (d) of this paragraph, the expression "the appropriate value" means-
(i) in relation to a house or building situate within the city of Bombay, an annual rental value of sixty rupees;
(ii) in relation to a house or building situate outside the city of Bombay but in an area in which a tax is based on the annual rental value of houses or buildings, an annual rental value of eighteen rupees;
(iii) in relation to any other house or building, a capital value of seven hundred and fifty rupees.
Educational qualification
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have passed the matriculation or school leaving examination of the University of Bombay, or an examination prescribed as at least equivalent to either of those examinations or, if it so prescribed, any other prescribed examination, not lower than a vernacular final examination.
Qualification by reason of service in His Majesty's Forces
5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged [member of His Majesty's naval, military or air forces.]
Additional qualification for women
6. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency-
(a) if she is the pensioned widow or the pensioned mother of a person who was [a member of His Majesty naval, military or air forces].
(b) if she is shown in the prescribed manner to be literate; or
(c) if her husband possesses the qualification requisite for the purposes of this paragraph.
7. A husband shall not be deemed to possess the qualification requisite for the purposes of the last preceding paragraph unless he satisfies the requirement as to residence in relation to the constituency in question, but subject as aforesaid a husband shall be deemed to possess the sad qualifications of-
(a) in the previous financial year, he was assessed to income-tax; or
(b) he is a retired, pensioned or discharged [member of his Majesty's naval, military or air forces]; or
(c) in the constituency he holds in his own right, or occupies as tenant, alienated or unalienated land or land on talukdari tenure assessed at, or of the assessable value of, not less than sixteen rupees land revenue in the Panch-Mahals sub-division of the Broach and Panch-Mahals district or in the Ratnagiri district, or not less than thirty-two rupees land revenue elsewhere; or
(d) he is the alienee of the right of the Government to the payment or rent or land revenue in respect of alienated land in the constituency amounting to not less than sixteen rupees in the Panch-Mahals sub-division of the Broach and Panch-Mahals district or in the Ratnagiri district and to not less than thirty-two rupees elsewhere; or
(e) he is a khot or sharer in a khoti village in the constituency or a sharer in bhagdari or narwadari village in the constituency and, in either case, is responsible for the payment, in the Panch-Mahals sub-division of the Broach and Panch-Mahals district or in the Ratnagiri district, of not less than sixteen rupees land revenue and, elsewhere of not less than thirty-two rupees land revenue; or
(f) he occupies as owner or tenant in the constituency a house or building situate in the city of Bombay in a municipal borough, municipal district, cantonment or notified area and having at least the appropriate value.
In sub-paragraph (f) of this paragraph, the expression "appropriate value" means-
(i) in relation to a house or building in the city of Bombay as annual rental value of one hundred and twenty rupees,
(ii) in relation to a house or building in the Panch-Mahals sub-division of the Broach and Panch-Mahals district or the Ratnagiri district, situate in an area in which any tax is based on the annual rental value of houses or buildings, an annual rental value of twenty-four rupees;
(iii) in relation to any other house or building in the Panch-Mahals sub-division of the Broach and Panch-Mahals district or the Ratnagiri district, a capital value of one thousand rupees;
(iv) in relation to a house or building in any other area in which any tax is based on the annual rental value of houses or buildings, an annual rental value of thirty-six rupees; and
(v) in relation to any other house or building, a capital value of one thousand five hundred rupees.
Special qualification for scheduled castes
8. Subject as aforesaid a person who is a member of the scheduled castes shall also be qualified to be included in the electoral roll for any territorial constituency if either-
(a) he is shown in the prescribed manner to be literate; or
(b) he was at any time during the year ending on the thirty-first day of December next preceding the prescribed date a person actually performing in the Province the duties of an inferior village officer, whether hereditary or not;
Provided that a person who has been dismissed for misconduct and has not been re-employed shall not by virtue of sub-paragraph (b) of this paragraph be qualified to be entered in any electoral roll.
Application necessary for enrolment in certain cases
9. No person shall by virtue of paragraph four or of paragraph six of this Part of this Schedule be included in the electoral roll for any territorial constituency unless application is made in the prescribed manner by him or, if it is so prescribed on his behalf, that he should be so included:
Provided that, except in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this Act, this paragraph shall, in relation to women qualified by virtue of their husbands' qualifications, have effect only where the husband's qualification is that mentioned in sub-paragraph (b) of paragraph seven of this Part of this Schedule.
Provisions as to joint property, etc
10.- (1) Subject to the provisions of this paragraph, any reference in this Part of this Schedule to land or other immovable property, or to rent or land revenue in respect of alienated land, in relation to any persons who are co-sharers in such land, property, rent or land revenue, be construed as a reference to the respective shares of those persons.
(2) Where two or more persons occupy any house, the rental value of the house shall, in relation to each of those persons, be deemed to be the rental value thereof divided by the number of those persons.
(3) Where property is owned, held or occupied, or payments are made, jointly by, or assessments are made pointly on, the members of a joint family, and the property, payments or assessments would qualify a person if they had been owned, held, occupied or made by or on him solely, then, subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, one member of the family shall be qualified in respect of the property, payment or assessment, and that person shall be, in the case of a Hindu joint family, the manager thereof and, in other cases, the member authorised in that behalf by the family themselves.
Save as aforesaid, any property owned, held or occupied, or payments made, jointly by, or assessments made jointly on, the member of a joint family shall be left out out of account for the purposes of this Part of this Schedule.
(4) Nothing in this paragraph affects the provisions of Part I of this Schedule relating to partners in firms assessed to income-tax.
Interpretation, etc.
11.- (1) In this Schedule, in relation to Bombay-
"holder" means a person lawfully in possession of land, whether his possession is actual or not, and "hold" shall be construed accordingly;
"tenant" means a lessee, whether holding under an instrument or under an oral agreement, and includes a mortgagee of a tenant's rights with possession, and, in relation to a house not situate in military or police lines, also includes any person occupying the house rent-free by virtue of any office, service or employment;
"Bombay city constituency" means a constituency comprising any part of the city of Bombay.
(2) The value of any machinery, furniture or equipment contained in or situate upon any house or building shall not be included in estimating for the purposes of this Schedule the rental value or the capital value of the house or building.
(3) In computing for the purposes of this Part of this Schedule the assessable value of any land, regard shall be had to the average rate of assessment on assessed land in the same village or, if there is no such land in the same village the average rate of assessment on assessed land in the nearest village containing assessed land.
Part IV - BENGAL
General requirement as to residence
1.- (1) A person shall not be qualified to be included in the electoral roll for any territorial constituency unless he has a place of residence in that constituency;
Provided that-
(a) in the case of a Calcutta constituency, the provisions of this paragraph shall be deemed to be complied with in relation to any person if he has a place of residence in Calcutta and a place of business within the constituency;
(b) in the case of a European constituency, the provisions of this paragraph shall be deemed to be complied with in relation to any person if he is actually employed anywhere in Bengal but is absent from Bengal on leave from his employment.
(2) In this paragraph "a place of residence" means a place where a person ordinarily and actually resides during the greater part of the year.
Qualifications dependent on taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for any territorial constituency if he-
(a) has paid before the expiration of the previous year any sum as tax under the Bengal Motor Vehicles Tax Act, 1932, in respect of that year; or
(b) was assessed during the previous year to income-tax; or
(c) was during the previous year entered in the municipal assessment book or licence register, or any other authorised register maintained by the corporation of Calcutta, as having paid in respect of that year either directly or indirectly any sum as consolidated rate, tax or licence fee to the corporation; or
(d) has paid during and in respect of the previous year municipality or cantonment taxes or fees of not less than eight annas, or road and public works casses under the Cess Act, 1880, of not less than eight annas, or Chaukidar tax under the Village Chaukidari Act, 1870, of not less than six annas, or union rate under the Bengal Village Self-Government Act, 1919, of not less than six annas.
Qualifications dependent on property
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll of any territorial constituency if at any time during the previous financial or Bengali year he has occupied by virtue of his employment a house in the Province the annual valuation of which is not less than forty-two rupees.
In this paragraph "annual valuation" means the annual rental of the house as ascertained from any accounts of the employer of the person in question which are required by or under any law to be regularly audited or, if the annual valuation is not so ascertainable, one-tenth of the annual remuneration received by the person in question for the employment by virtue of which he occupies it.
Educational qualification
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have passed the matriculation examination of any prescribed university or an examination prescribed as at least equivalent to any such examination, or if it is so prescribed, any other prescribed examination, not lower than a final middle school examination.
Qualification by reason of service in His Majesty's forces
5. Subject as aforesaid a person, shall be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged [member of His Majesty's naval, military or air forces].
Additional qualifications for women
6. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency if she is the pensioned widow or the pensioned mother of a person who was a [member of His Majesty's naval, military or air forces] or if her husband possesses the qualifications requisite for the purposes of this paragraph or if she is shown in the prescribed manner to be literate:
Provided that, in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this Act, this paragraph shall have effect as if the words "or if she is shown in the prescribed manner to be literate" were omitted therefrom.
7. In relation to a Calcutta constituency, a husband shall be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph if-
(a) he was during the previous year entered in the municipal assessment book as the owner and occupier of any land or building in Calcutta separately numbered and valued for assessment purposes at not less than one hundred and fifty rupees per annum, or as the owner or occupier of any land or building in Calcutta separately numbered and valued for assessment purposes at not less than three hundred rupees per annum and paid during that year his share of the consolidated rate on the land or building; or
(b) he has paid during and in respect of the previous year on his sole account and in his own name not less than twenty-four rupees either in respect of the taxes levied under Chapter XI, or in respect of the taxes levied under Chapter XII, of the Calcutta Municipal Act, 1923; or
(c) his name is entered in the municipal assessment book in respect of any land or building to Calcutta in respect of which not less than twenty-four rupees was paid in the previous year in respect of the consolidated rate.
8. In relation to an urban constituency which is not a Calcutta constituency, a husband shall be deemed to possess the qualifications requisite for the said purposes if, during and in respect of the previous year, he paid, in the municipality of Howrah, municipal taxes or fees of not less than three rupees, or in any other municipal area or cantonment in the Province, municipal or cantonment taxes or fees of not less than one rupee eight annas.
9. In relation to a rural constituency, a husband shall be deemed to possess the qualifications requisite for the said purposes if, during and in respect of the previous year, he paid not less than one rupee, eight annas in respect of municipal taxes or fees, or not less than one rupee in respect of road and public works cesses under the Cess Act, 1880; or not less than two rupees in respect of Chaukidari tax under the Village Chaukidari Act, 1870, or in respect of union rate under the Bengal Village Self-Government Act, 1919.
10. In relation to any territorial constituency, a husband shall be deemed to possess the qualifications requisite for the said purposes if he either is a retired, pensioned or discharged [member of His Majesty's naval, military or air forces] or was assessed in the previous year to income tax, or paid before the expiration of the previous year and sum as tax under the Bengal Motor Vehicles Tax Act, 1932, in respect of that year.
Special provisions as to Darjeeling general constituency
11. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any rural general constituency comprising any part of the Sadar, Kalimpong and Kurseong sub-divisions of the Darjeeling district if that person either-
(a) has paid during and in respect of the previous year rent of not less than twenty rupees for any land in the Province situate in a municipal area or for any hired building in the Province, or rent of not less than two rupees for any land in the Province not situate in a municipal area; or
(b) is the wife of a person who, during and in respect of the previous year, has paid rent of not less than sixty rupees for any land in the Province situate in a municipal area or for any hired building in the Province, or rent of not less than six rupees for any land in the Province not situate in a municipal area.
Application necessary for enrolment in certain cases
12. No person shall by virtue of paragraph three or paragraph four of this Part of this Schedule be included in the electoral roll of any territorial constituency, unless application is made in the prescribed manner by him, or if it is so prescribed, on his behalf, that he should be so included.
Special provisions as to Muhammadan women's constituency
13. No man shall be included in the electoral roll for, or be entitled to vote at any election in, any Muhammadan constituency specially formed the election of persons to fill the seats reserved for woman.
14.- (1) In this Schedule in relation to Bengal,-
"Calcutta" means Calcutta as defined in paragraph 11 of section three of the Calcutta Municipal Act, 1925;
"a Calcutta constituency's means, subject to the provisions of this paragraph with respect to Anglo-Indian constituencies, European constituencies or Indian Christian constituencies, a constituency which comprises any part of Calcutta;
"previous year" means the previous financial year or the previous Bengali year, whichever is appropriate in the particular case;
"Bengali year" means a year ending on the last day of the Bengali month of Chaitra.
(2) Notwithstanding anything in this paragraph, an Order in Council delimiting territorial constituencies may provide that any Anglo-Indian constituency, European constituency or Indian Christian constituency comprising any part of Calcutta, shall for all or any of the purposes of this Part of this Schedule, be deemed not be a Calcutta constituency.
(3) Where property is held or payments are made jointly by, or assessments are made jointly on, the members of a joint family, the family shall be adopted as the unit for deciding whether the requisite qualification exist, and if it does exists the person qualified shall be, in the case of a Hindu joint family, the manager thereof, and in other cases the member authorized in that behalf by the family themselves:
Provided that this paragraph shall not apply where members of a joint family have separate accommodation and separate messing, and in any such case any reference to each member's share of that property, payment or assessment.
PART V - THE UNITED PROVINCES
General requirement as to residence
1.- (1) A person shall not be qualified to be included in the electoral roll for any territorial constituency unless he is resident in the constituency.
(2) For the purposes of this Part of this Schedule a person shall be deemed to be resident in any area if he ordinarily lives in that area or maintains a dwelling-house therein ready for occupation in which occasionally dwells.
Qualifications dependent on taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for any territorial constituency if he-
(a) was assessed during the previous financial year to income tax; or
(b) was, in an area wholly or partly within the constituency in which a municipal tax is in force, assessed in the previous financial year to municipal tax on an income of not less than one hundred and fifty rupees per annum.
Qualifications dependent on property
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is the owner or tenant, of a house or building in the constituency the rental value whereof is not less than twenty four rupees per annum [or, in the case of a member of the scheduled castes, if he is the owner or tenant of a house or building in the constituency the rental value whereof is not less than twelve rupees per annum.]
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he-
(a) owns land in the constituency on which land revenue of not less than five rupees per annum is payable; or
(b) owns land in the constituency free of land revenue, if the land revenue nominally assessed on the land for determining the amount of rates payable in respect of the land, either alone or together with any land revenue payable by him as owner of other land in the constituency, amounts to not less than five rupees per annum; or
(c) is a tenant of land in the constituency in respect of which rent of not less than ten rupees per annum or rent in kind equivalent is not less than ten rupees per annum, is payable; or
(d) is an under-proprietor in Oudh of land in the constituency in respect of which under-proprietary rent of not less than five rupees per annum is payable; or
(e) in the case of a constituency comprising any part of the Hill Pattis of Kumaun, is resident in those Hill Patties and, in the constituency, either is owner of a free simple estate in those Hill Pattis or is assessed to the payment of land revenue or cessess of any amount in those Hill Pattis, or is a Khaikar.
Educational qualification
5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have passed the upper primary examination, or an examination which the prescribed as the equivalent thereof.
Qualification by reason of service in His Majesty's forces
6. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged member of His Majesty's naval, military or air forces.
Special provision as to Shilpkars in the Hill Patties of Kumaun
7. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency comprising any part of the Hill Pattis of Kumaun if he is a Shilpkar resident village in those Hill Pattis and in the prescribed manner selected and designated as their representative by the Shilpkar families of that village.
Additional qualifications for women
8. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency-
(a) if she is the pensioned widow or the pensioned mother of a person who was a member of His Majesty's naval, military, or air forces.
(b) if she is proved in the prescribed manner to be literate; or
(c) if her husband possesses the qualifications requisite for the purpose of this paragraph.
9. In relation to any territorial constituency, a husband shall be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph if-
(a) he is the owner or tenant of a house or building in the constituency, the rental value whereof in not less than thirty-six rupees per annum; or
(b) was, in area in which no house or building tax is in force, assessed in the previous year in the constituency to municipal tax on an income of not less than two hundred rupees per annum; or
(c) owns land in the constituency in respect of which land revenue amounting to not less than twenty-five rupees per annum is payable; or
(d) owns land in the constituency free of land revenue, if the land revenue nominally assessed on the land for determining the amount of rates payable in respect thereof, either alone or together with any land revenue payable by him as owner in respect of other land in the constituence, amounts to do not less than twenty-five rupees per annum; or
(e) is resident in the Hill Pattis of Kumaun and in the constituency, either owns a fee simple estate situate in the Hill Pattis or is assessed to the payment of land revenue or cesses of any amount in those Hill Pattis, or a Khaikar; or
(f) is, in the constituency, a permanent tenure-holder or a fixed rate tenant as defined in the Agra Tenancy Act, 1926, or an under-proprietor or occupancy tenant as defined in the Oudh Rent Act, 1886, and is liable as such to rent of not less than twenty five rupees per annum; or
(g) holds in the constituency as a tenant, land in respect of which a rent of not less than fifty rupees per annum or a rent in kind equivalent to not less than fifty rupees per annum is payable; or
(h) was assessed in the previous financial year to income-tax; or
(i) is a retired, pensioned or discharged member of His Majesty's naval, military or air forces.
Application necessary for enrolment in certain cases
10.- (1) No person shall by virtue of paragraph five or sub-paragraph (a) or sub-paragraph (b) of paragraph eight of this Part of this Schedule, or by virtue of her husband being a retired, pensioned or discharged member of His Majesty's naval, military or air forces, be included in the electoral roll for any territorial constituency unless application is made in the prescribed manner, by or if it is so prescribed, on behalf of, that person, that that person should be so included.
(2) On the preparation of the original electoral roll for any rural constituency or on any revision of the electoral roll for a rural constituency within three years from the commencement of Part III of this Act, no person shall be virtue of her husband possessing any of the other qualifications requisite for the purposes of the said paragraph eight be included in the electoral roll unless application is made in the prescribed manner by her, or if it is so prescribed, on her behalf, that she should be so included.
Interpretation, etc.
11.- (1) In this Schedule, in relation to the United Provinces-
"owner" does not included a mortgagee 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, 1886, 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 or police lines, a person who occupies it rent free by virtue of any office, service or 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 righs of land in the Hill Pattis of Kumaun;
"building" means a building 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 (2) of section three hundred and thirty-seven of the United Provinces Municipalities Act, 1916, or a town area as defined in the United Provinces Town Areas Act, 1914, or a cantonment;
"rural area" means an area which is not an urban area;
(2) Where property is held or payments are made jointly by, or assessments are made jointly on, the member of a joint family or joint tenancy, the family or tenancy shall be adopted as the unit for deciding whether under this Part of this Schedule requisite qualification exists, and if it does exist the person qualified shall be, in the case of a joint Hindu family, the manager thereof or, if there is no manager, the member nominated in that behalf by the majority of the family, and in other cases the member nominated in that behalf by the family or tenancy concerned.
Part VI - THE PUNJAB
General requirements as to residence
1. No person shall be qualified to be included in the electoral roll for a territorial constituency unless he is resident in the constituency.
For the purposes of this Part of this Schedule proof that a person owns a family dwelling-house or a share in a family dwelling-house in a constituency and that that house has not during the twelve months preceding the prescribed date been let on rent either in whole or in part shall be sufficient evidence that that person is resident in the constituency.
Qualifications dependent on taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral for a territorial constituency if during the previous financial year either-
(a) he was assessed to income tax, or was in the Province assessed in respect of any direct municipal or direct cantonment tax to an amount of not less than fifty rupees; or
(b) he was in the Province assessed to haisiyat or profession tax to an amount of not less than two rupees, or, in districts in which no such tax exists, to any other direct tax imposed under the Punjab District Boards Act to an amount of not less than two rupees.
Qualifications dependent on property, etc.
3. Subject as aforesaid, a person shall be qualified to be included in the electoral roll for any territorial constituency if he either-
(a) is the owner of land in the Province assessed to land revenue of not less than five rupees per annum, or
(b) is a tenant with a right of occupancy as defined in Chapter II of the Punjab Tenancy Act, 1887, in respect of land in the Province assessed to land revenue of not less than five rupees per annum; or
(c) is an assignee of land revenue in the Province amounting to not less than ten rupees per annum; or
(d) is a tenant of not less than six acres of irrigated land in the constituency, or of not less than twelve acres of unirrigated land in the constituency; or
(e) has throughout the twelve months immediately preceding the prescribed date owned immovable property in the Province of the value of not less than two thousand rupees or of an annual rental value of not less than sixty rupees, not being land assessed to land revenue; or
(f) has throughout the twelve months preceding the prescribed date occupied as tenant in the constituency immovable property of an annual rental value of not less than sixty rupees, not being land assessed to land revenue; or
(g) is a zaildar, inamdar, sufedposh or lambardar in the constituency;
Provided that the provisions of sub-paragraph (d) of this paragraph shall be deemed to be complied with in the case of a person who is the tenant of both irrigated and unirrrigated land in the constituency if the sum of the area of that irrigated land and half the area of that unirrigated land is not less than six acres.
Educational qualification
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have attained the primary or an equivalent or higher educational standard.
Qualification by reason of services in His Majesty's forces
5. Subject as aforesaid, person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have attained the primary or an equivalent or higher educational standard.
Additional qualifications for women
6. Subject as aforesaid a person who is a women shall also be qualified to be included in the electoral roll for any territorial constituency if she pensioned widow or the pensioned mother of a person who was a member of His Majesty's naval, military or air forces or if she is shown in the prescribed manner to be literate or if her husband possesses the qualifications requisite for the purpose of this paragraph.
7. A husband shall be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph if he either-
(a) during the previous financial year was assessed to income-tax, or was assessed to income-tax, or was assessed in the Province in respect of any direct municipal or cantonment tax to an amount of not less than fifty rupees; or
(b) is a retired, pensioned or discharged member of His Majesty's naval, military or air forces; or
(c) has throughout the twelve months preceding the prescribed date owned immovable property in the province of the value of not less than four thousand rupees or of an annual rental value of not less than ninety-six rupees, not being land assessed to land revenue; or
(d) has throughout the twelve months precedings the prescribed date occupied as a tenant immovable property in the constituency of an annual rental value of not less than ninety-six rupees, not being land assessed to land revenue; or
(e) is the owner of land in the Province assessed to land revenue of not less than twenty-five rupees per annum; or
(f) is the assignee of land revenue in the Province amounting to not less than fifty rupees per annum; or
(g) is a tenant or lessee under the term of a lease for a period of not less than three years of Crown land in the constituency for which an annual rent of not less than twenty-five rupees is payable; or
(h) is a tenant with a right of occupancy as defined to Chapter II of the Punjab Tenancy Act, 1887, in respect of land assessed to land revenue of not less than twenty-five rupees per annum:
Provided that for the purposes of sub-paragraph (g) of this paragraph, where the amount payable by any tenant or lessee is assessed from harvest to harvest, the annual rent payable by him shall be deemed to be the annual average of the amounts payable by him in the three years preceding that in which the prescribed date falls.
Special qualification for scheduled castes
8. Subject as aforesaid a person who is a member of the scheduled castes shall also be qualified to be included in the electoral roll for any territorial constituency if he either-
(a) is shown in prescribed manner to be literate; or
(b) has throughout the twelve months preceding the prescribed date owned immovable property in the Province of a value of not less than fifty rupees, not being land assessed to land revenue, or has throughout that period owned malba of a house in the Province of not less than that value; or
(c) has, throughout the twelve months preceding the prescribed date, occupied as tenant immovable property in the constituency of an annual value of not less than thirty-six rupees.
Application necessary for enrolement in certain cases
9. No person, shall, by virtue of paragraph four paragraph six or sub-paragraph (a) of paragraph, eight of this Part of this Schedule, be included in the electoral roll for any territorial constituency unless application is made by him in the prescribed manner that he should be so included.
Interpretation, etc.
10.- (1) In this Schedule, in relation in the Punjab-
"annual rental value" in relation to immovable property means the amount for which the property together with its appurtenances and furniture, if any, is actually let, or may reasonably be expected to let, from year to year;
"land revenue" means land revenue as defined in sub-section (6) of section three of the Punjab Land Revenue Act, 1887, and, in the case of fluctuation land revenue or land revenue assessed on land subject to river action, the annual amount thereof shall be taken to be the average amount of land revenue paid during the three agricultural years preceding that in which the prescribed date falls;
"land records" means attested records of rights or attested annual records of rights maintained under Chapter IV of the Punjab Land Revenue Act, 1887, and includes an order finally sanctioning a mutation duly passed under that Chapter;
"agricultural year" means a year ending on the thirtieth day of September;
"owner" does not include a mortgagee;
"tenant" in relation to agricultural land means a tenant as defined in the Punjab Tenancy Act, 1887, contract, could be, liable to pay rent thereof, and in relation to a house not situate in military or police lines includes any person occupying the house rent free by virtue of any office, service or employment;
"zaildar", "inamdar", "sufedposh" and "lambardar" mean respectively persons appointed as such in accordance with rules for the time being in force under the Punjab I and Revenue Act, 1887, and do not include a substitute appointed temporarily for any such person.
(2) In computing for the purposes of this Part of this Schedule the period during which a person has owned any immovable property, any period during which it was owned by a person from whom he derives title by inheritance shall be taken into account.
(3) Any reference to immovable property, not being land assessed to land revenue, includes a reference to any building situated on land assessed to land revenue.
(4) Where property is held or payments are made by, or assessments are made on, the members of Hindu joint family, and the respective shares of the members of the family are not specified in the land records or in any municipal or cantonment record or in a decree of a civil court, as the case may be, the family shall be adopted as the unit for deciding whether the requisite qualification exists, and if it does exist, the person qualified shall be the manager of the family.
(5) Subject to the provisions of the last preceding sub-paragraph, any reference in this Schedule to land assessed to land revenue, to other immovable property, to a tenancy or lease of land assessed to land revenue or to assigned land revenue shall in relation to any person who are co-shares in such land, property, tenancy or lease, or land revenue, to construed as a reference to the respective shares of those persons:
Provided that the share of any person under the age of twenty-one years shall, if his father is dead and, if his father is alive and a co-sharer, be deemed to be added to the share of his father, and his eldest surviving brother is a co-sharer, be deemed to be added to the share of that brother.
(6) Not more than one person shall be qualified in respect of the occupation of a building occupied in common by two or more persons and any question which of those persons is to be qualified shall be determined in the prescribed manner.
Part VII - BIHAR
General requirement as to residence
1.- (1) No person shall be qualified to be included in the electoral roll for a territorial constituency unless he resides in the constituency.
(2) A person shall be deemed to reside within a constituency if he ordinarily lives therein, or has his family dwelling therein which he occasionally occupies, or maintains therein a dwelling-house ready for occupation which he occasionally occupies.
Qualifications dependent on taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for a territorial constituency if he was assessed during the previous financial year to income tax or was, in the previous financial year, assessed to an aggregate amount of not less than one rupee eight annas in respect of municipal tax or is assessed, otherwise than in the Santal Parganas, to chaukidari tar of an annual amount of not less than nine annas 16[or, in the case of a member of the scheduled castes, of an annual amount of not less than six annas.]:
Provided that, in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this paragraph shall effect as if three were substituted for the reference to nine annas a reference to twelve annas.
Qualifications dependent on property
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll of any territorial constituency if he either-
(a) occupies land or buildings situate in the notified area of Jamshedpur in respect of which he is liable to pay an annual rent of not less than twenty-four rupees; or
(b) holds land in the Province, not situated in the notified area of Jamshedpur or in area in which municipal tax or chaukidari tax is levied, for which he is liable to pay a rent of not less than six rupees per annum or a local cess of not less than three annas:
Provided that in relation to land within the Santal Parganas this paragraph shall have effect as if there were substituted for the reference to six rupees, in relation to the original preparation of electoral roll and revisions thereof within three years from the commencement of Part III of this Act, a reference to five rupees and thereafter a reference to three rupees eight annas.
Educational qualification
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved, in the prescribed manner, to have passed the matriculation examination of any prescribed university or an examination not lower than a final middle school examination.
Qualification by reason of service in His Majesty's forces
5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged member of His Majesty's naval, military or air forces.
Additional qualification for women
6. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency if she is the pensioned widow or the pensioned mother of a person who was a member of His Majesty's naval, military or air forces, or if her husband possesses the qualification requisite for the purposes of this paragraph, or if she is shown in the prescribed manner to be literate.
Provided that, in relation to the original preparation of electoral rolls and revision thereof within three years form the commencement of Part III of this Act, this paragraph shall have effect as if the words "if she is shown in the prescribed manner, to be literate" were omitted thereform.
7. A husband shall be deemed to posses the qualifications requisite for the purposes of the last preceding paragraph if-
(a) in the previous financial year he was assessed to income tax; or
(b) he is a retired, pensioned or discharged member of His Majesty's naval military or air forces.
(c) he was in the previous financial year assessed in the Province to an aggregate amount of not less than rupees of municipal tax; or
(d) he is assessed in the Province, otherwise than in the Santal Parganas, to an annual sum of not less than two rupees eight annas in respect of chankadimi tax; or
(e) he occupies land or buildings situate in the notified area of Jamshedpur in respect of which he is liable to pay rent of not less than twenty-four rupees per annum;
(f) he holds land in the Province, not situated in the notified area of Jamshedpur, or an area in which municipal tax or Chaukidari tax is levied, in respect of which he is liable to pay rent of not less than twenty four rupees per annum or a local cess of not less than twelve annas.
Special provisions as to Muhammadan women's constituency
8. No man shall be included in the electoral roll, or be entitled to vote at any election in, any Muhammadan constituency specially formed for the election of a person to fill the seat reserved for women.
Interpretation, etc.
9.- (1) In this Schedule, in relation to Bihar-
"municipal tax" means a tax or rate levied in a municipality constituted under the Bihar and Orissa Municipal Act, 1922, in an area in respect of which a notification has issued under section three hundred and eighty-eight of that Act, or in a cantonment, or in the area administered by the Patna Administration Committee;
"chaukidari tax" means any tax levied under the Village Chaukidari Act, 1870, the Chota Nagpur Rural Police Act, 1914, or section thirty of the Bihar and Orissa Village Administration Act, 1922.
(2) Where property is held or payments are made jointly by, or assessments are made jointly on, the members of a joint family, the family shall be adopted as the suit for deciding whether the requisite qualification exists and, if it does exists, the person qualified shall be, in the case of a Hindu joint family, the manager thereof, and, in other cases the member authorised in that behalf by the family themselves.
(3) Where property is held or payments are made jointly by, or assessments are made jointly on, persons other than the members of a joint family, all such person shall be regarded as a single person for deciding whether the requisite qualification exists, and if it does exist, then subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, one and one only of those persons shall be qualified and the person to be qualified shall be selected in the prescribed manner.
Part VIII - THE CENTRAL PROVINCES AND BERAR
General requirements as to residence
1.- (1) No person shall be qualified to be included in the electoral roll for a territorial constituency unless, in the case of a rural constituency, he has a place of residence in the constituency, and, in the case of an urban constituency, he has a place of residence in, or within two miles from the boundary of, the constituency.
(2) For the purposes of this Part of this Schedule a person shall be deemed to have a place of residence in an area if and only if he either-
(a) has actually dwelt in a house within the area for not less than one hundred and eighty days in the aggregate during the previous financial year; or
(b) has maintained a house within the area for an aggregate period of not less than one hundred and eighty days during the year as a dwelling for himself in charge of his dependants or servants, and has visited that house during that year.
Qualifications dependent upon taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for a territorial constituency if in the previous financial year he either-
(a) was assessed to income-tax; or
(b) was, in an urban area in the Province in which a municipal tax based on haisiyat is imposed, assessed to such a tax on a haisiyat of not less than seventy-five rupees.
Qualifications dependent on property, etc.
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll of a territorial constituency if he either-
(a) holds, in the Central Province as, a proprietor or thekadar, an estate or mahal the land revenue or kamil jama of which is not less than two rupees; or
(b) holds, in the Central Provinces, as a proprietor or thekadar in proprietary right, sir land or khud-kasht, or, as a malik mabuza, raiyat or tenant, agricultural land being sir land, khudkasht or agricultural land, the assessed or assessable land revenue or the rent of which is not less than two rupees; or
(c) holds, in Berar, in other than tenancy right, agricultural land of which he assessed or assessable land revenue is not less than two rupees; or
(d) is, in an urban area in the Province, the owner or tenant of a building, the annual rental value of which is not less than six rupees; or
(e) is a watander patel or a watandar patwari holding office, or a registered deshmukh or deshpandia or a lambardar.
Educational qualification
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved, in the prescribed manner, to have passed an examination which qualifies for admission to a course of study for a degree of the Nagpur University, or an examination prescribed as at least equivalent thereto, or, if it is so prescribed, any other prescribed examination not lower than a final middle school examination:
Provided that, in relation to a constituency in Berar, the foregoing provisions of this paragraph shall be deemed to be complied with in relation to any person if he is proved in the prescribed manner to have passed any examination in the State of Hyderabad prescribed as at least equivalent to an examination the passing of which qualifies persons under those provisions.
Qualification by reason of service in His Majesty's forces and the forces of His Exalted Highness the Nizam of Hyderabad
5.- (1) Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged member of His Majesty's naval, military or air forces.
(2) Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency in Berar if he is a retired, pensioned or discharged officer, non-commissioned officer or soldier of the regular forces of His Exalted Highness the Nizam of Hyderabad, or a retired, pensioned or discharged officer or man of Hyderabad State Police.
Additional qualification for women
6.- (1) Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency-
(a) if she is the pensioned widow or pensioned mother of a person who was a member of His Majesty's naval, military or air forces.
(b) if she is a proved in the prescribed manner to be literate or to be the holder of a primary school certificate; or
(c) if her husband possesses the qualification requisite for the purposes of this paragraph.
(2) Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency in Bearer if she is the pensioned widow or pensioned mother of a person who was an officer, non-commissioned officer or soldier of the regular forces of His Exalted Highness the Nizam of Hyderabad, or an officer or man of the Hyderabad State of Police.
7.- (1) A husband shall be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph if he either-
(a) is a retired, pensioned or discharged member of His Majesty's naval, military or air forces; or
(b) holds, in the Central Provinces, as a proprietor or thekadar, an estate or mahal the land revenue or kamil jama of which is not less than thirty-five rupees; or
(c) holds, in the Central Provinces, as a proprietor or thekadar in proprietary right, sir land or khudkhast, or as a malik makbuza, raiyat or tenant, agricultural land, being sir land, khudkasht of agricultural land, the assessed or assessable land revenue or rent of which is not less than thirty-five rupees; or
(d) holds, in Berar in other than tenancy right, agricultural land of which the assessed or assessable land revenue is not less than thirty-five rupees; or
(e) is, in an urban area, the owner or tenant of a building of which the annual value is not less than thirty-six rupees; or
(f) was, in urban area in which a municipal tax based on haisiyat is imposed, assessed in the previous financial year to such a tax on a haisiyat of not less than four hundred rupees.
(2) In relation to any territorial constituency in Berar, a husband shall also be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph if he is a retired, pensioned or discharged officer, non-commissioned officer or soldier of the regular forces of His Exalted Highness the Nizam of Hyderabad, or a retired pensioned or discharged officer or man of the Hyderabad State Police.
Additional qualification for members of scheduled castes
8. Subject as aforesaid, a member of a scheduled caste shall also be qualified to be included in the electoral roll for any territorial constituency if he is a kotwar, a jaglia, or a village mahar holding office.
Application necessary for enrolment in certain cases
9. No person shall, by virtue of paragraph four of this Part of this Schedule, or by virtue of being a pensioned widow or mother or of being literate or the holder of a primary school certificate, or of being the wife of 17[a member] of any force, be included in the electoral roll for any territorial constituency unless application is made in the prescribed manner by him or, if it is so prescribed, on his behalf, that he should be so included.
Interpretation, etc.
10.- (1) In the Schedule, in relation to the Central Provinces and Berar-
"building" means any structure or enclosure, whether used as a human dwelling or otherwise, and includes a part of a building;
"estate", "mahal", "malik makbuza", "kamil jama", "sir land" and "khudkasht" have the meanings respectively assigned to them in section two of the Central Provinces Land Revenue Act, 1917;
"estate or mahal" includes a part of an estate or a mahal:
"lambardar" means a lambardar appointed under the provisions of the Central Provinces Land Revenue Act, 1917;
"land revenue" means land revenue as defined in section fifty-six of the Central Provinces Land Revenue Act, 1917, and in section forty-nine of the Berar Land Revenue Code; 1928;
18["municipal tax" means a tax imposed under the provisions of the Central Provinces Municipalities Act, 1922, or of that Act as applied to Berar.]
"proprietor" includes an inferior proprietor and a plot proprietor, but does not include a transferee of proprietary rights in possession, or a mortgagee with possession;
"raiyat" means the holder of a survey number as defined in sub-section (18) of section two of the Central Provinces Land Revenue Act, 1917, and includes the holder of land recorded in the land records maintained by the provincial government as milkiyat sarkar;
"registered deshmukh or deshpandia" means a person, being a deshmukh or deshpandia, whose name is recorded in the registers of political pensions maintained by the Deputy Commissioners in Berar as the holder of a pension or share of a pension;
"rental value," in relation to immovable property, means the amount for which the property, together with its appurtenances and furniture, if any, is actually let, or may reasonably be expected to be let, from year to year;
"tenant", in relation to agricultural land, means a tenant as defined in sub-section (11) of section two of the Central Provinces Tenancy Act, 1920, but does not include a sub-tenant, and in relation to a house not situate in military or police lines includes any person occupying the house rent free by virtue of any office, service or employment;
"thekadar" includes a gaontia and a protected headman;
"hold" in relation to land or an estate or mahal, means to be recorded in the records maintained under Chapter V of the Central Provinces Land Revenue Act, 1917, or Chapter X of the Berar Land Revenue Code, 1928 or in the case of the Melghat Taluq of the Amraoti District, in the land records prescribed by the Provincial Government, as the person in possession of the land, estate or mahal;
"urban area" means a municipality, notified area or cantonment, and includes the Government gun carriage factory estate of Jubbulpore and any prescribed railway settlements;
"watandar patel" and "watandar patwari" means respectively a patel and a patwari appointed under section five of the Berar Patels and Patwaris Law, 1900.
(2) For the purposes of this Part of this Schedule ante-alienation tenants as defined in section seventy-two of the Berar Land Revenue Code, 1928, and section forty of the Berar Alienated Village Tenancy Law, 1921, permanent tenant as defined in section forty-seven of the Berar Alienated Villages Tenancy Law, 1921, and tenants of antiquity as defined in section seventy three of the Berar Land Revenue Code, 1928, shall be deemed to hold agricultural land in order than tenancy right.
(3) Subject to the provisions of the next succeeding sub-paragraph, the provisions of this Part of the Schedule shall have effect in relation to any persons who are co-sharers in, or in a tenancy or lessee of, land or other immovable property as if the respective shares of those persons in the land property, tenancy or lease were held separately.
(4) Where property is held or payments are made jointly, by the members of a joint family or a tax is assessed jointly on the members of a joint family, the family shall be adopted as the unit for deciding whether the requisite qualification exists, and if it does exist, the person qualified shall be, in the case of a Hindu joint family, the manager thereof, and in other cases the member authorised in that behalf by the family themselves.
(5) Any reference in this Part of the Schedule to a retired, pensioned or discharged officer or man of the Hyderabad State Police shall be deemed not to include a reference to any person who has been dismissed or discharged form the police for disciplinary reasons.
Part IX - ASSAM
General requirements as to residence
1. No person shall be qualified to be included in the electoral roll for a territorial constituency unless he has a place of residence in the constituency, and a person shall be deemed to have a place of residence in a constituency and occasionally occupies it:
Provided that in relation to the European constituency the provisions of this paragraph shall be deemed to be complied with in relation to any person if he is actually employed anywhere in Assam but is absent from Assam on leave from his employment.
Qualification dependent upon taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for any territorial constituency if, in the previous financial year, he either-
(a) was assessed to income-tax; of
(b) was in the constituency assessed in respect of municipal or cantonment rates or taxes to an aggregate amount of not less than two rupees or, in the Sylhet municipality, of not less than one rupees eight annas, or to a tax of less than one rupee in a small Town, or, in the district of Sylhet, the district of Cachar of the district of Goalpara, to a tax of not less than eight annas under the Village Chaukidari Act, 1870.
Qualifications dependent on property
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if, in the constituency, he either-
(a) is the owner of land revenue on which has been assessed or is assessable at not less than seven rupees eight annas per annum; or
(b) is liable to pay a local rate of not less than eight annas per annum; or
(c) throughout the previous financial or previous Bengali year held from a landlord land in any of the following districts, that is to say, Lakhimpur, Sibsagar, Oarrang, Nowgong or Kamrup or in the Garo Hills, and paid to the landlord rent to the value of not less than seven rupees eight annas in respect of that land:
Provided that for the purposes of this paragraph land situate, and local rates levied, in the districts of Sylhet, Cachar and Goalpara shall be left out of account.
Educational Qualification
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have passed the middle school leaving certificate examination or any other examination prescribed or at least equivalent thereto.
Qualification by reasons of services in His Majesty's forces
5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged member of His Majesty's naval, military or air forces or the Assam Rifles.
Additional Qualification for women
6. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency if she is the pensioned widow of pensioned mother of a person who was a member of His Majesty's naval, military or air forces or the Assam Rifles, or if she is proved in the prescribed manner to be literate, or if her husband possesses the qualifications requisite for the purposes of this paragraph.
7. A husband shall be deemed to possess the qualification requisite for the purposes of the last preceding paragraph if he-
(a) is a retired, pensioned or discharged member of His Majesty's naval, military or air forces or the Assam Rifles; or
(b) was in the previous financial year assessed to income-tax; or
(c) was in the previous financial year assessed in the constituency in respect of municipal or cantonment rates or taxes-
(i) in the Nowgong municipality, to not less than two rupees; or
(ii) in the Sylhet municipality, to not less than one rupee eight annas; or
(iii) elsewhere in the Province, to not less than three rupees; or
(d) was in the constituency assessed in the previous financial year to a tax of not less than one rupee in a Small Town; or
(e) was in the constituency assessed in the previous financial year in the district of Sylhet, the district of Cachar or the district of Goalpara to a tax of not less than one rupee under the village Chaukidari Act, 1870; or
(f) elsewhere than in the said districts, is the owner of land in the constituency, rupees per annum; or
(g) is liable to pay a local rate in the constituency of not less than one rupee per annum.
Application necessary for enrolment in certain cases
8. No person shall, by virtue of paragraph six of this Part of this Schedule, be included in the electoral roll for any territorial constituency unless application is made in the prescribed manner by her, or if it is so prescribed, on her behalf, that she should be so included;
Provided that, except in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this paragraph shall, in relation to women, qualified by virtue of their husbands' qualifications, have effect only where the husband's qualification is that mentioned in paragraph (a) of paragraph seven of this Part of this Schedule.
Special provisions as to seat reserved for women
9. The following provisions shall have effect in relation to any constituency specially formed for the section of persons to fill the seat reserved for women-
(a) no man shall be included in the electoral roll for the constituency, or be entitled to vote at any election therein ……………:
(b) 19[* * *]
20[Special Provisions as to Shillong
9-A. In the case of any territorial constituency comprising any part of shillong, any reference in this Part of this Schedule to ‘the constituency’ shall be construed as including a reference to so much of the areas under the jurisdiction of the Shillong Municipal Board and the Shillong Cantonment Authority as is not part of British India, and any reference to any such rates or taxes assessed by, or paid to, that Board or that Authority in the exercise of any jurisdiction exercised by them in relation to areas outside British India.]
Special provisions as to backward areas and backward tribes
10. No person who is entitle to vote in the election of a person to fill any of the seats to be filled by representatives of backward areas or backward tribes, or is entitled to be included in the electoral roll for any constituency formed for the purposes of filling any such seat, shall be included in the electoral roll for any territorial constituency formed for the purposes of filling any such seat, shall be included in the electoral roll any territorial constituency in the province, other than any constituency specially formed for the election of persons to fill the seat reserved for women.
Interpretation, etc.
11.- (1) In this Schedule, in relation to Assam-
"Small Town" means a notified area constituted under Chapter XII of the Assam Municipal Act I of 1923:
"Bengali year" means a year ending on the last day of the Bengali month of Chaitra;
"local rate" means the local rate assessed under the Assam Local Rates Regulation, 1879;
"landlord" means a person under whom another holds land immediately, but does not include the Government;
"rent" includes rent in kind or partly in kind.
(2) Where property is held or payments are made jointly by or assessments are made jointly by, or assessments are made jointly on, the members of a joint family, the family shall be adopted as the unit for deciding whether the necessary qualification exists, and if it does exist the person qualified shall be, in the case of a Hindu joint family, the manager thereof and in other cases the member authorised in that behalf by the family themselves.
Provided that any other member of any such family shall also be qualified if the proportions of the joint property, payment or assessment which corresponds with his share therein would be sufficient for him to be qualified if he held it separately.
Part X - THE NORTH-WEST FRONTIER PROVINCE
General requirements as to residence
1. No person shall be qualified to be included in the electoral roll for any territorial constituency unless he is resident in the constituency.
For the purposes of this Part of this Schedule proof that a person or, in the case of a woman, her husband owns a family dwelling-house or a share in a family dwelling house in a constituency and that house has not during the twelve months preceding the prescribed date-been let on rent either in whole or in part shall be sufficient evidence that that person is resident in the constituency.
Qualifications dependent upon taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for any territorial constituency if during the previous financial year, he was either-
(a) assessed to income-tax; or
(b) assessed in the Province in respect of any direct municipal or cantonment tax to an amount or not less than fifty rupees; or
(c) in the case of a rural constituency, assessed to district board tax of not les than two rupees.
Qualification dependent on rights in property, etc.
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if, in the Province, he either-
(a) owned throughout the twelve months preceding the prescribed date immovable property of the value of not less than six hundred rupees, not being land revenue; or
(b) has for the twelve months preceding the prescribed date occupied as a tenant immovable property of an annual rental value of not less than forty-eight rupees, not being land assessed to land revenue; or
(c) is the owner of not less than six acres irrigated land or not less than twelve acres unirrigated land or of land assessed to land revenue of not less than five rupees per annum;
(d) is the assignee of land revenue amounting to not less than ten rupees per annum; or
(e) has been for the whole of the preceding fasli year the tenant of not less than six acres of irrigated land or not less than twelve acres unirrigated land; or
(f) is a zaildar, inamdar or lambardar:
Provided that for the purposes of sub-paragraph (c) and sub-paragraph (e) of this paragraph a person shall be deemed to own or, as the case may be, to have been the tenant of, at least six acres of irrigated land if he owns, or as the case may be was the tenant of, irrigated and unirrigated land and the sum of the area of that irrigated land and half the area of that unirrigated land is not less than six acres.
Educational qualification
4. Subject as aforesaid, a person shall also be qualified to be included-
(a) in the electoral roll for any urban constituency, if he is proved in the prescribed manner to have passed a middle school examination or any other examination prescribed as at least equivalent to that examination;
(b) in the electoral roll for a rural constituency, if he is proved in the prescribed manner to have passed the primary (fourth class) examination or any other examination prescribed as at least equivalent to that examination.
Qualification by reason of service in His Majesty's forces
5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged member of His Majesty's naval, military or air forces.
Additional qualification for women
6. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency if she is the pensioned widow or the pensioned mother of a person who was a member of his Majesty's naval, military or air forces, or if her husband possesses the qualifications requisite for the purposes of this paragraph or if she is shown in the prescribed manner to be literate:
Provided that, in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III or this Act, this paragraph shall have effect as if the words "or if she is shown in the prescribed manner to be literate" were omitted therefrom.
7. A husband shall be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph if either-
(a) he is a retired, pensioned or discharged member of His Majesty's naval, military or air forces.
(b) he has an income of at least forty rupees per month; or
(c) he was during the previous financial year assessed to income-tax; or
(d) in relation to an urban constituency, he was, during the previous financial year, assessed in the Province in respect of any direct municipal or cantonment tax to an amount of not less than fifty rupees; or
(e) in relation to a rural constituency, he was during the preceding financial year assessed in the Province in respect of any cess, rate or tax to an amount of not less than four rupees per annum payable to the district board; or
(f) he owned throughout the twelve months preceding the prescribed date immovable property in the Province of the value of not less than six hundred rupees, not being land assessed to land revenue; or
(g) he occupied as a tenant throughout the twelve months preceding the prescribed date immovable property in the Province of an annual rental value of not less than forty-eight rupees, not being land assessed to land revenue; or
(h) he is the owner of land in the Province assessed to land revenue of not less than ten rupees per annum; or
(i) he is an assignee of land revenue in the Province amounting to not less than twenty rupees per annum; or
(j) he is a tenant or leasee, under the terms of a written lease for a period of not less than three years, of land in the Province assessed to land revenue of not less than ten rupees per annum; or
(k) he is a tenant with a right of occupancy, as defined in chapter II of the Punjab Tenancy Act, 1887, in respect of land in the Province assessed to land revenue of not less than ten rupees per annum.
Application necessary for enrolment in certain cases
8. No person shall, by virtue of paragraph four or paragraph six of this Part of this Schedule, be included in the electoral roll for any territorial constituency unless application is made by him in the prescribed manner that he should be so included.
Interpretation, etc.
9.- (1) In this Schedule, in relation to the North-West Frontier Province-
"annual rental value," in relation to immovable property, means the amount for which the property together with its appurtenances and furniture, if any, is actually let, or may reasonably be expected to be let, from year to year;
"fasli year" means a year ending on the thirtieth day of September;
"land revenue" means land revenue as defined in sub-section (6) of section three of the Punjab Land Revenue Act, 1887, and in the case of fluctuating land revenue or land revenue assessed on land subject to river action, the annual amount thereof shall be taken to be the average amount paid during the three years preceding the prescribed date;
"zaildar," "inamdar" and "lambardar" mean respectively persons appointed as such in accordance with rules for the time being in force under the Punjab Land Revenue, 1887, and do not include a substitute appointed temporarily for any such person;
"tenant" in relation to agricultural land means a tenant as defined in the Punjab Tenancy Act, 1887, and in relation to other property, means a person who holds that property by lease and is or, but for a special contract, would be, liable to pay rent therefore, and in relation to a house not situate in military or police lines includes any person occupying the house rent free by virtue of any office, service or employment.
(2) In computing for the purposes of this Part of this Schedule the period during which a person has owned any immovable property, any period during which it was owned by a person from whom he derives title be inheritance shall be taken into account.
(3) Any reference to immovable property, not being land assessed to land revenue, includes a reference to any building situated on land assessed to land revenue.
(4) Where property is held or payments are made, jointly by, or assessments are made jointly on, the members of a joint family, the family shall be adopted as the unit for deciding whether the requisite qualification, exists and, if it does exist, the person qualified shall be, in the case of a Hindu joint family the manager thereof, and in other cases the member authorised in that behalf by the family themselves.
(5) Subject to the provisions of the last preceding sub-paragraph, any reference in this Schedule to land assessed to land revenue, to other immovable property, to a tenancy or lease of land assessed to land revenue or to assigned land revenue, shall in relation to any persons who are co-sharers in such land, property, tenancy or lease, or land revenue, he construed as a reference to the respective shares of those persons:
Provided that the share of any person under the age of twenty-one year shall, if his father is alive and a co-sharer, be deemed to be added to the share of his father, and, if his father is dead and his eldest surviving brother is a co-sharer, be deemed to be added to the share of that brother.
Part XI21 - ORISSA
General requirements as to residence
1. No person shall be qualified to be included in the electoral roll for a territorial constituency unless he is resident in the constituency, and a person shall be deemed to be resident within a constituency if he ordinarily lives therein or has his family dwelling therein which he occasionally occupies, or maintains therein dwelling-house ready for occupation which he occasionally occupies.
Qualifications applicable to all territorial constituencies
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll for any territorial constituency if in the previous financial year he was assessed to income-tax, or was assessed to an aggregate amount of not less than one rupee, eight annas, in respect of municipal taxes.
3. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is proved, in the prescribed manner, to have passed the matriculation examination of any prescribed university or an examination prescribed as at least equivalent to any such examination, or if it is so prescribed any other prescribed examination not lower than a final middle school examination.
4. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency if he is a retired, pensioned or discharged member of His Majesty's naval, military or air forces.
5. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any territorial constituency-
(a) if she is the pensioned widow or pensioned mother of person who was a member of His Majesty's naval, military or air forces.
(b) if her husband either is a retired, pensioned or discharged member of His Majesty's naval, military or air forces, or in the previous financial year was assessed to income-tax or to an aggregate sum of not less than three rupees in respect of municipal taxes; or
(c) if she is shown in the prescribed manner to be literate:
Provided that, in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this Act, this paragraph shall have effect as if sub-paragraph (c) were omitted therefrom.
Special provisions as to the districts, of Cuttack, Puri, Balasore and 22[***] Angul
6. Subject as aforesaid, a person shall also be qualified to be included in the electoral rolls for a constituency situated wholly or partly in the districts of Cuttack, Puri and Balasore and 23[* * *] Angul if he either-
(a) is assessed to chaukidari tax of an annual amount of not less than nine annas 24[or, in the case of a member of the scheduled castes, of not less than six annas]; or
(b) holds land in the Province, not situated in a municipality or an area in which chaukidari tax is levied, for which he is liable to pay rent or land revenue of not less than two rupees per annum or a local cess of not less than one anna:
Provided that, in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this Act, this paragraph shall have effect as if there were substituted for the reference to nine annas a reference to twelve annas.
7. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for any such constituency as is mentioned in the last preceding paragraph if she is the wife of any person who either-
(a) is assessed to chaukidari tax of an annual amount of not less than two rupees, eight annas; or
(b) holds land in the Province, not situated in a municipality or in an area in which chaukidari tax is levied, for which he is liable to pay rent or land revenue of not less than sixteen rupees per annum or local cess of not less than eight annas.
Special provisions as to the districts of Ganjam, 25[and Vizagapatam and the Khondmals sub-divison]
8. Subject as aforesaid, a person, not being a member of a backward tribes, shall also be qualified to be included in the electoral roll for a constituency situated wholly or partly in the districts of Ganjam 26[and Vizagapatam and the Khondmals sub-divison]-
(a) if 27[and Vizagapatam or in the Khondmals sub-division] he holds land, not situate in a municipality, in respect of which he is liable to pay rent or land revenue of not less than two rupees per annum; or
28[(b) if he is a member of scheduled castes and is a village servant, hereditary or not; or]
29[(c)] without prejudice to the generality of the foregoing provisions, if, being a woman, she is the wife of a person who 30[and Vizagapatam or in the Khondmals sub-division] holds land revenue of not less than sixteen rupees per annum.
Special provision as to the district of Sambalpur
9. Subject as aforesaid, a person shall be qualified to be included in the electoral roll for any constituency situated wholly or partly in the district of Sambalpur if, in that district, he either-
(a) holds land, not situated in a municipality or a sanitation area, for which he is liable to pay rent or land revenue of not less than one rupee per annum or village cess of not less than one anna; or
(b) is in occupation of a house for which he is liable to pay rent of not less six rupees per annum, not being a house in a municipality or sanitation area; or
(c) is assessed to an annual tax of at least twelve annas under the Central Provinces Sanitation Act, 1902, or the Central Province Village Sanitation and Public Management Ac, 1920; or
(d) is a village servant holding office as a jhankar, gands, kotwar, jagalia or mahar, and holds land recorded in the record of rights as service land:
Provided that, in relation to the original preparation of electoral rolls and revisions thereof within three years from the commencement of Part III of this Act, this paragraph shall have effect as if for the reference is sub-paragraph.
(a) thereof to one rupee and one anna there were substituted respectively references to two rupees and two annas.
10. Subject as aforesaid, a person who is a woman shall also be qualified to be included in the electoral roll for a constituency situated wholly or partly in the district of Sambalpur if she is the wife of a person who, in that district, either-
(a) holds land not situated in a municipality or a sanitation area, for which he is liable to pay rent or land revenue of not less than sixteen rupees per annum or village cess of not less than eight annas; or
(b) is in occupation of a house for which he is liable to pay an annual rent of not less than thirty rupees, not being a house in a municipality or sanitation area; or
(c) is assessed to an annual tax of not less than ten rupees under the Central Provinces Sanitation Act, 1902, or the Central Provinces Village Sanitation and Public Management Act, 1920.
Interpretation, etc.
11.- (1) In this Schedule, in relation to Orissa-
"backward tribe" has the same meaning as in the Fifth Schedule to this Act;
"municipality" means an area constituted a municipality under the Bihar and Orissa Municipal Act, 1922, or the Madras District Municipalities Act, 1920, or an area in respect of which a notification has issued under section three hundred and eighty-eight of the Bihar and Orissa Municipal Act, 1922;
"municipal tax" means a tax or rate levied in a municipality;
"sanitation area" means an area administered under the Central Provinces Village Sanitation Act, 1922, or the Central Provinces Village Sanitation and Public Management Act, 1920;
"chaukidari tax" means a tax levied under the Village Chaukidari Act, 1870, under section thirty of the Bihar and Orissa Village Administration Act, 1922, or under section forty-seven of the Angul Laws Begulation, 1913.
(2) Where property is held or payments are made jointly by, or assessments made jointly on, the members of a joint family, the family shall be adopted as the unit for deciding whether the requisite qualification exists, and if it does exists the person qualified shall be, in the case of a Hindu joint family, the manager thereof, and in other cases the member authorised in that behalf by the family themselves.
(3) Where property is held or payments are made jointly by, or assessments are made jointly on, persons other than the members of a joint family, all such persons shall be regarded as a single person for deciding whether the requisite qualification exists, and if it does exist, then subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule one and one only of those persons shall be qualified, and the persons to be qualified shall be selected in the prescribed manner.
Part XII - SIND
General requirements as to residence
1. No person shall be qualified to be included in the electoral roll for a territorial constituency unless he satisfies the requirement as to residence in relation to that constituency.
For the purpose of this Part of this Schedule a person shall be deemed to satisfy the requirement as to residence-
(a) in relation to an urban constituency, if he has for a period of not less than one hundred and eighty days in the previous financial year resided in a house in the constituency or within two miles of the boundary thereof;
(b) in the case of a rural constituency, if he for a period of not less than one hundred and eighty days in the previous financial year in a house in the constituency or in a contiguous constituency of the same communal description:
Provided that a person shall be deemed to satisfy the requirement as to residence in relation to any European territorial constituency if he has, for a period of not less than one hundred and eight days in the previous financial year, resided in a house in the Province.
A person is deemed to reside in a house if he sometimes uses it as a sleeping place, and a person is not deemed to cease to reside in a house merely because he is absent from it, or has another dwelling in which he resides, if he is at liberty to return to the house at any time and has not abandoned his intention of returning.
Qualifications dependent on taxation
2. Subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, a person shall be qualified to be included in the electoral roll any territorial constituency, if he was assessed during the previous financial year to income-tax.
Qualifications dependent on property
3. Subject as aforesaid, a person shall also qualified to be included in the electoral roll for any territorial constituency if he-
(a) holds in his own right or occupies as a permanent tenant or as a lesse from the Government alienated or unalienated land in the constituency on which, in any one of the five revenue years preceding that in which the prescribed date falls, an assessment of not less than eight rupees land revenue has been paid or would have been paid if the land had not been alienated; or
(b) cultivates, as a Hari 31[or occupies as a tenant] alienated or unalienated land in the constituency on which in the revenue year preceding that in which the prescribed date falls an assessment of not less than sixteen rupees land revenue has been leviable, or would have been leviable if the land had not been alienated; or
(c) is the alienee of the right of the Government to the payment of rent or land revenue amounting to not less than eight rupees in respect of alienated land in the constituency; or
(d) occupies as owner or tenant in the constituency a house or building situate in the city of Karachi or in any municipal brough, municipal district, cantonment or notified area, and having at least the appropriate value.
Where land is cultivated by more than one Hari, only one Hari for every sixteen rupees of land revenue shall be treated as qualified under sub-paragraph (b) of this paragraph in respect of that land, and any question which of several Haris shall be qualified under this paragraph in respect of any land shall be determined in the prescribed manner.
In sub paragraph (d) of this paragraph, the expression "the appropriate value" means-
(i) in relation to a house or building situate within the city of Karachi, an annual rental value of thirty rupees;
(ii) in relation to a house or building situate outside the city of Karachi but in an area in which a tax is based on the annual rental value of house or building, an annual rental value of eighteen rupees;
(iii) in relation to any other house or building, a capital value of seven hundred and fifty rupees.
Educational qualification
4. Subject as aforesaid, a person shall also be qualiged to be included in the electoral roll for any territorial constituency if he is proved in the prescribed manner to have passed the matriculation or school leaving examination of the university of Bombay or an examination prescribed as at least equivalent to either of those examinations or, if it is so prescribed, any other prescribed examination, not being lower than a vernacular final examination.
Qualification by reason of service in His Majesty's forces
5. Subject as aforesaid, a person shall also be qualified to be included in the electoral roll for any territorial constituency, if he is a retired, pensioned or discharged member of His Majesty's naval or air forces.
Additional qualification for women
6. Subject as aforesaid, a person who is a women shall also be qualified to be included in the electoral roll for any territorial constituency, if she is the pensioned widow or the pensioned mother of a person who was a member of His Majesty's naval, military or air forces, or if she is proved in prescribed manner to be literate or if her husband possesses the qualifications requisite for the purposes of this paragraph.
7. A husband shall not be deemed to possess the qualifications requisite for the purposes of the last preceding paragraph unless he satisfies the requirement as to residence in relation to the constituency in question but, subject as aforesaid a husband shall be deemed to possess the said qualification if he-
(a) was in the previous financial year assessed to income-tax; or
(b) is a retired, pensioned or discharged member of His Majesty's naval, military or air forces or,
(c) holds in his own right or occupies as a permanent tenant or as a lessee from the Government alienated or unalienated land in the constituency on which in any one of the five revenue years preceding that in which the prescribed date falls, an assessment of, land revenue amounting, in the Upper Sind Frontier district, to not less than sixteen rupees, and, elsewhere, to not less than thirty-two rupees, has been paid, or would have been paid if the land had not been alienated; or
(d) is the alience of the right of the Government to that payment of rent or land land revenue in respect of alienated land in the constituency, amounting, in the Upper Sind Frontier district, to not less than sixteen rupees, and, elsewhere, to not less than thirty-two rupees; or
(e) occupies as owner or tenant in the Constituency a house or building situate in the city of Karachi or in a municipal borough, municipal district, cantonment or notified area, and having at least the appropriate value.
In sub-paragraph (e) of this paragraph, the expression "appropriate value" means-
(i) in relation to a house or building within the city of Karachi, as annual rental value of sixty rupees;
(ii) in relation to a house or building situate in any other area in which any tax is based on the annual rental value of house or buildings, an annual rental value of house or buildings, and annual rental value of thirty-six rupees; and
(iii) in relation to any other house or building, a capital value of one thousand five hundred rupees.
8. No person shall by virtue of paragraph four or paragraph six of this Part of this Schedule be included in the electoral roll for any territorial constituency unless application is made in the prescribed, manner by him, or, if it is so prescribed on his behalf that he should be so included.
Provisions as to joint property, etc.
9.- (1) Subject to the provisions of this paragraph, and reference in this Part of this Schedule to land or other immovable property, or to rent or land revenue in respect of alienated land, shall, in relation to any persons who are co-sharers in such land, property, rent or land revenue, be construed as a reference to the respective shares of those persons.
Application necessary for enrolment in certain cases
(2) Where two or more persons occupy any house, the rental value of the house shall, in relation to each of those persons, be deemed to be the rental value thereof divided by the number of those persons.
(3) Where property is owned, held or occupied, or payments are made, jointly by, or assessments are made jointly on the members of a joint family, and the property, payments or assessments would qualify a person if they had been owned, held, occupied or made by or on him solely, then, subject to the provisions of Part I of this Schedule and to any overriding provisions of this Part of this Schedule, one member of the family shall be qualified in respect of the property, payment or assessment, and that person shall be, in the case of a Hindu joint family, the manager thereof and in other cases the member authorised in that behalf by the family themselves.
Save as aforesaid any property owned, held or occupied or payments made jointly by, or assessments made jointly on, the members of a joint family, shall be left out of account for the purposes of this Part of this Schedule.
(4) Nothing in this paragraph affects the provisions of Part I of this Schedule relating to partners in firms assessed to income-tax or the provisions of this Part of this Schedule relating to Haris.
Interpretation, etc.
10.- (1) In this Schedule, in relation to Sind-
"tenant" means a lessee whether holding under an instrument or under an oral agreement, and includes a mortgagee of a tenant's rights with possession, and, in relation to a house not situate in military or police lines, also includes any person occupying the house rent free by virtue of any office, service or employment;
"holder" means a person lawful in possession of land, whether his possession is actual or not, and "hold" shall be construed accordingly.
(2) The value of any machinery, furniture or equipment contained in or situate upon any house or building shall not be included in estimating for the purposes of this Part of this Schedule the rental value or the capital value of the house or building.
(3) In computing for the purposes of this Part of this Schedule the assessable value of any land, regard shall be had to the average rate of assessment on assessed land in the same village or, if there is no such land in the same village, the average rate of assessment on assessed land in the nearest village containing assessed land.
Schedule 7
Schedule 7
SEVENTH SCHEDULE1
(Sections 100, 104)
Legislative Lists
LIST I - FEDERAL LEGISLATIVE LIST
2[1. The naval, military and air forces of the Dominion and any other armed forces raised or maintained by the Dominion; and armed forces which are not forces of the Dominion but are attached to or operating with any of the armed forces of the Dominion; central intelligence bureau; preventive detention for reasons of State connected with defence or external affairs.]
2. Naval, military and air force works; local self-government in cantonment areas 3[***], 4[the constitution and powers within such areas of cantonment authorities] the regulation of house accommodation in such areas, and within 5[***], the delimitation of such areas.
3. Externals affairs; the implementing of a treaties and agreements with other countries; extradition including the surrender of criminals and accused persons to parts of His Majesty's dominions outside India.
4. Ecclesiastical affairs, including European cemeteries.
5. Currency, coinage and legal tender.
6. Public debt of the Federation.
7. Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication; Post Office Savings Bank.
8. Federal Public Services and Federal Public Service Commission.
9. Federal pensions, that is to say, pensions payable by the Federation or out of Federal revenues.
10. Works, lands and buildings vested in, or in the possession of His Majesty for the purposes of the Federation (not being naval, military or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides, and, as regards property in a Federated State held by virtue to any lease or agreement with that state, subject to the terms of that lease or agreement.
11. The Imperial Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial, and any similar institution controlled or financed by the Federation.
12. Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies for research, for professional or technical training, or for the promotion of special studies.
13. The Benares Hindu University and the Aligarh Muslim University.
14. The Survey of India, the Geological, Botanical and Zoological Surveys of India; Federal meteorological organisation.
15. Ancient and historical monuments; archaeological sites and remains.
16. Census.
17. Admission into, and emigration and expulsion from, India, including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India 6[or], subjects of any Federated State, 7[***]; pilgrimages to places beyond India.
18. Port quarantine; seamen's and marine hospitals, and hospitals connected with port quarantine.
19. Import and export across customs frontiers as designed by the Federal Government.
20. Federal railway; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and service terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regulation of minor railways in respect of safety and the responsibility of the administrations of such railways as carriers of goods and passengers.
21. Maritime shapping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.
22. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.
23. Fishing and fisheries beyond territorial waters.
24. Aircraft and air navigation; the provisions of aerodromes; regulation and organisation of air traffic and of erodromes.
25. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.
26. Carriage of passengers and goods by sea or by air.
27. Copyright, inventions, designs, trademarks and merchandise marks.
28. Cheques, bills of exchange, promissory notes and other like instruments.
29. Arms; firearms; ammunition.
30. Explosives.
31. Opium, so far as regards cultivation and manufacture, or sale for export.
32. Petroleum and other liquids and substances declared by Federal law to be dangerously inflamable, so far as regards possession, storage and transport.
33. Corporations, that is to say the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Federated State and carrying on business only within that State or co-operative societies, and of corporations, whether trading or not, with objects not confined to one unit 8[but not including universities].
34. Development of Industries, where developments under 9[Dominion] control is declared by Federal law to be expedient in the public interest.
35. Regulation of labour and safety in mines and oilfields.
36. Regulation of mines and oilfields and mineral development to which such regulation and development under 10[Dominion] control is declared by Federal law to be expedient in the public interest.
37. The law of insurance, except as respects insurance undertaken by a Federated State, or, by virtue of any entry in the Provincial Legislative List or the Concurrent Legislative List by a Province.
38. Banking, that is to say, the conduct of banking business by corporation other than corporations owned or controlled by a Federated State and carrying on business only within that State.
11[39. Extension of the powers and jurisdiction of members of a police force belonging to any province to any area in another province, but not so as to enable the police of one province exercise powers and jurisdiction in another province without the consent of the Government of that Province; extension of the powers and jurisdiction of members of a police force belonging to any unit to railway areas outside that unit.]
40. Elections to the Federal Legislature, subjects to the provisions of this Act 12[***].
41. The salaries of the 13[Dominion Ministers and of the President and Deputy President of the Dominion Legislature]; the salaries, allowances and privileges of the members of the Federal Legislature; and, 14[***], the punishment of persons who refuse to give evidence or produce documents before Committees of the Legislature.
42. Offences against laws with respect to any of the matters in this list.
43. Inquiries and statistics for the purposes of any of the matters in this list.
44. Duties of customs, including export duties.
45. Duties of excise on tobacco and other goods manufactured or produced in India except-
(a) alcoholic liquors for human consumption;
(b) opium, India hemp and other narcotic drugs and narcotics; non-narcotic drugs;
(c) medicinal and toilet preparations containing alcohol, or any substance included in sub-paragraph (b) of this entry.
46. Corporation tax.
47. Salt.
48. State lotteries.
49. Naturalisation.
50. Migration within India from or into a Governor's Province or a Chief Commissioner's Province.
51. Establishment of standards of weight.
52. Ranchi European Mental Hospital.
53. Jurisdiction and powers of all courts, except the Federal Court, with respect to any to the matters in this list and, to such extent as is txpressly authorised by Part IX of this Act, the enlargement of the appellate jurisdiction of the Federal Court and the conferring thereon of supplemental powers.
54. Taxes on income other than agricultural income.
15[54-A. The matters specified in the proviso to sub-section (2) of section one hundred and forty-two A of this Act as matters with respect to which provision may be made by laws of the Federal Legislature.]
55. Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies;
56. Duties in respect of succession to property other than agricultural land.
16[56-A. Estate duty in respect of property other than agricultural land.]
57. The rates of stamp in respect of bills of exchange, cheques promissory notes, bills of landing, letters of credit, polices of insurance, proxies and receipts.
58. Terminal taxes on goods or passengers carried by railway or air; taxes on railway fares and freights.
59. Fees in respect of any of the matters in this list, but not including fees taken in any Court.
LIST II - PROVINCIAL LEGISLATIVE LIST
1. Public order (but not including the use of His Majesty's naval, military or air forces in aid of the civil power); the administration of justice; constitution and organisation of all courts, except the Federal Court, and fees taken therein, preventive detention for reasons connected with the maintenance of public order persons; subjected to such detention.
2. Jurisdiction and powers of all courts except the Federal Court, with respect of the matters in this list; procedure in Rent and Revenue Courts.
3. Police, including railway and village police.
4. Prisons, reformatories, Borstal institutions and other institutions of a like nature, and persons detained therein; arrangements with other units for the use of prisons and other institutions.
5. Public debt of the Province.
6. Provincial Public Services and Provincial Public Service Commissions.
7. Provincial pensions, that is to say, pensions payable by the Province or out of Provincial revenues.
8. Works, lands and buildings vested in or in the possession of His Majesty for the purposes of the Province.
9. Compulsory acquisition of land.
10. Libraries, museums and other similar institutions controlled or financed by the Province.
11. Elections to the Provincial Legislature, subject to the provisions of this Act 17[***] made thereunder.
12. The salaries of the Provincial Ministers, of the Speaker and Deputy Speaker of the Legislative Assembly, and, if a Legislative Council, of the President and Deputy President thereof; the salaries; allowances and privileges of the members of the Provincial Legislature; and to such extent as is expressly authorised by Part III of this Act, the punishment of persons who refuse to give evidence or produce documents before Committees of the Provincial Legislature.
13. Local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government of village administration.
14. Public health and sanitation; hospitals and dispensaries; registration of births and deaths.
15. Pilgrimages, other than pilgrimages to places beyond India.
16. Burials and burial-grounds.
18[17. Educations including Universities other than specified in paragraph 13 of List I.]
18. Communications that is to say, roads, bridges, ferries, and other means of communications not specified in List I; minor railways subject to the provisions of List I with respect to such railways; municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List III with regard to such waterways; ports subject to the Provisions in List I with regard to major ports; vehicles other than mechanically propelled vehicles.
19. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power.
20. Agriculture, including education and research, protection against pests and prevention of plant diseases; improvement of stocks and prevention of animal diseases: veterinary training and practice; pounds and the prevention of cattle-trespass.
21. Land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant and the collection of rents; transfer, alienation and devolution of agricultural land; land improvement and, agricultural loans; colonization; Court of Wards; encumbered and attached estates; treasure trove.
22. Forests.
23. Regulation of mines and oilfields and mineral development subject to the provisions of List I with respect to regulation and development under 19[Dominion] control.
24. Fisheries.
25. Protection of wild birds and wild animals.
26. Gas and gasworks.
27. Trade and commerce with in the Province; markets and fairs; money lending and money lenders.
28. Inns and inn-keepers.
29. Production, supply and distribution of goods; development of industries, subject to the provisions in List with respect to the development of certain industries under 20[Dominion] control.
30. Adulteration of foodstuffs and other goods; weights and measures.
31. Intoxicating liquors and narcotic drugs, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors, opium and other narcotic drugs, but subject, as respects opium, to the provisions of List I and, as respects poisons and dangerous drugs, to the provisions of List III.
32. Relief of the poor unemployment.
33. The incorporation, regulation, and winding up corporations 21[not being corporations specified in List I or Universities]; unincorporated trading, literary, scientific religions and other societies and associations; co-operative societies.
34. Charities and charitable institutions, charitable and religious endowments.
35. Theatres, dramatic performances and cinemas, but not including the sanction of cinematograph films for exhibition.
36. Betting and gambling.
37. Offences against laws with respect to any of the matters in this list.
38. Inquiries and statistics for the purposes of any of the matters in this list.
39. Land revenue, including the assessments and collection of revenue, the maintenance of land records, survey for revenue purposes and purposes and records of rights, and alienation of revenue.
40. Duties of excise on the following goods is manufactured or produced in the Province and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in India-
(a) alcoholic liquors for human consumption;
(b) opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs;
(c) medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry.
41. Taxes on agricultural income.
42. Taxes on land and buildings, hearths and windows.
43. Duties in respect of succession to agricultural land.
22[43-A. Estate duty in respect of agricultural land.]
44. Taxes on mineral rights, subject to any limitations by any Act of the Federal Legislature relating to mineral development.
45. Capitation taxes.
23[46. Taxes on professions, trades, callings and employments, subject, however, to the provisions of section one hundred and forty-two A of this Act]-
47. Taxes on animals and boats.
48. Taxes on the sale of goods and on advertisements.
24[48-A. Taxes on vehicles suitable for use on roads, whether mechanically propelled or not, including tramcars.
48-B. Taxes on the consumption or sale of electricity, subject, however, to the provisions of section one hundred and fifty-four A of this Act.]
49. Cases on the entry of goods into a local area for consumption, use or sale therein.
50. Taxes on luxuries, including taxes on entertainments, amusements, betting and gambling.
51. The rates of stamp duty in respect of documents other than those specified in the provisions of List I with regard to rates of stamp duty.
52. Dues on passengers and goods carried on inland waterways.
53. Tolls.
54. Fees in respect of any of the matters in this list, but not including fees taken in any Court.
LIST III - CONCURRENT LEGISLATIVE LIST
Part I
1. Criminal law, including all matters included in the Indian Penal Code at the date of the passing of this Act, but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of His Majesty's naval, military and air forces in and of the civil power.
2. Criminal Procedure, including all matters included in the Code of Criminal Procedure at the date of the passing of this Act.
3. Removal of prisoners and accused persons from one unit to another unit.
4. Civil Procedure, including the law of Limitation and all matters included in the Code of Civil Procedure at the date of the passing of this Act; the recovery in a Chief Commissioner's Province of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such, arising outside that Province.
5. Evidence and oaths; recognition of laws, public acts and records and judicial proceedings.
6. Marriage and divorce; infants and minors; adoption.
7. Wills, intestacy; and succession, save as regards agricultural land.
8. Transfer of property other than agriculture land; registration of deeds and documents.
9. Trusts and Trustees.
10. Contracts, including partnership, agency, contracts of carriage, and other special forms of contract, but not including contracts relating to agricultural land.
11. Arbitration.
12. Bankruptcy and insolvency: administrators-general and official trustees.
13. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
14. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in List I or List II.
15. Jurisdiction and powers of all courts, except the Federal Court, with respect to any of the matters in this list.
16. Legal medical and other professions.
17. Newspapers, books and printing presses.
18. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
19. Poisons and dangerous drugs.
20. Mechanically propelled vehicles.
21. Boilers.
22. Prevention of cruelty to animals.
23. European vagrancy; criminal tribes.
24. Inquiries and statistics for the purpose of any of the matters in this Part of this List.
25. Fees in respect of any of the matters in this Part of this List, but not including fees taken in any Court.
Part II
[Section 126(2)]
26. Factories.
27. Welfare of labour; conditions of labour; provident funds; employers' liability and workmen's compensation; health insurance, including invalidity pensions; old age pensions.
28. Unemployment insurance.
29. Trade unions; industrial and labour disputes.
30. The prevention of the extension from one unit to another of infectious or contagious diseases or pesas affecting men, animals or plants.
31. Electricity.
32. Shipping and navigations on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on inland waterways.
33. The sanctioning of cinematograph films for exhibition.
34. Persons subjected to preventive detention under25[Dominion] authority.
35. Inquiries and statistics for the purpose of any of the matters in this Part of this List.
36. Fees in respect of any of the matters in this Part of this List, but not including fees taken in any Court.
Schedule 8
Schedule 8
"Eighth Schedule1
(Section 182)
The Federal Railway Authority
1. The Federal Railway Authority, which shall be a body corporate by, and may sue and be sued in, that name, (in this Schedule referred to as ‘the Authority’) shall consist of seven persons to be appointed by the Governor-General.
2. A person shall not be qualified to be appointed or to be a member of the Authority-
(a) unless he has had experience in commerce, industry, agriculture, finance, or administration; or
(b) if he is, or within the twelve months last preceding has been
(i) a member of the Federal or any Provincial Legislature;
(ii) in the service of the Crown in India; or
(iii) a railway official in India.
3. Of the first members of the Authority, these shall be appointed for three years and any of those members shall at the expiration of his original term of office be eligible for re-appointment for a further term of three years, or of five years.
Subject as aforesaid, a member of the Authority shall be appointed for five years and shall at the expiration of his original term of office be eligible for re-appointment for a further term not exceeding five years.
The Governor-General, exercising his individual judgment, may terminate the appointment of any member if satisfied that, that member is for any person unable or unfit to continue to perform the duties of his office.
4. The Governor-General, exercising his individual judgment, may make rules providing for the appointments of temporary members to act in place of any members temporarily unable to perform the duties of their office.
5. A member of the Authority shall be entitled to receive such salary and allowances as the Governor-General, exercising his individual judgment, may determine:
Provided that the emoluments of a member shall not be reduced during his term of office.
6. All acts of the Authority and all questions before them shall be done and decided by a majority of the members present and voting at a meeting of the Authority.
In the case of an equity of votes at any meeting, the person presiding there shall have a second or casting vote.
7. If a member of the Authority is or becomes the holder of or tenders for any contract for the supply of materials to, or the execution of works for, any railway in India, or is or becomes concerned in the management of any company holding or tendering for such a contract as aforesaid, he shall forthwith make full disclosure of the facts to the Authority and shall not take part in the consideration or discussion of, or vote on, any question with respect to the contract.
8. At any meeting of the Authority a person or persons deputed by the Governor-General to represent him may attend and speak, but not vote.
9. Subject to the provisions of this Act, the Authority may make standing orders for the regulation of their proceedings and business, and may vary or revoke any such order.
10. The proceedings of the Authority shall not be invalidated by any vacancy among their number, or by any defect in the appointment or qualification of any member.
11. At the head of the executive staff of the Authority there shall be a chief railway commissioner, being a person with experience in Railway administration, who shall be appointed by the Governor-General exercising his individual judgment, after consultation with the Authority.
12. The chief railway commissioner shall be assisted in the performance of his duties by a financial commissioner, who shall be appointed by the Governor-General, and by such additional commissioners, being persons with experience in railway administration, as the Authority on the recommendation of the chief railway commissioner may appoint.
13. The chief railway commissioner shall not be removed from office except by the Authority and with the approval of the Governor-General, exercising his individual judgment, and the financial commissioner shall not be removed from office except by the Governor-General, exercising his individual judgment.
14. The chief railway commissioner and the financial commissioner shall have the right to attend any meeting of the Authority, and the financial commissioner shall have the right to require any matter which relates to, or affects, finance to be referred to the Authority.
15. The Authority shall not be liable to pay Indian income-tax or super-tax on any of its income, profits or gains.
16. The Authority shall entrust all their money which is not immediately needed to the Reserve Bank of India and employ that bank as their agents for all transactions in India relating to remittances, exchange and banking, and the bank shall undertake the custody of such moneys and such agency transactions on the same terms and conditions as those upon which they undertake the custody of moneys belonging to, or agency transactions for, the Federal Government.".
Schedule 9
Schedule 9
NINTH SCHEDULE1
(Section 317)
Provisions of Government of India act continued in force with amendments until the establishment of the federation
The Governor-General's Executive Council
36. Members of Council.- (1) The members of the Governor-General's Executive Council shall be appointed by His Majesty by warrant under the Royal Sign Manual.
(2) The number of the members of the Council shall be such as His Majesty thinks fit to appoint.
(3) Three at least of them must be persons who have been for at least ten years in the service of the Crown in India, and one must be a barrister of England or Ireland, or a member of the Faculty of Advocates of Scotland, or a pleader of a high court, of not less than ten year's standing
(4) If any member of the Council (other than the Commander-in-Chief for the time being of His Majesty's forces in India) is at the time of his appointment in the military service of the Crown, he shall not, during his continuances in office as such member, hold any military command or be employed in actual military duties.
(5) Provisions may be made by rules under this Act as to the qualifications to be required in respect of the members of the Governor-General's Executive Council, in any case where such provisions is not made by the foregoing provision of this section.
37. Rank and precedence of Commander-in-Chief.- If the Commander-in-Chief for the time being of His Majesty's forces in India is a member of the Governor-General's Executive Council, he shall, subject to the provisions this Act, have rank and precedence in the Council next after the Governor-General.
38. Vice-President of Council Meetings.- The Governor-General shall appoint a member of his Executive Council to be vice-president thereof.
39.- (1) The Governor-General's Executive Council shall assemble at such places in India as the Governor-General in Council appoints.
(2) At any meeting of the Council the Governor-General, or other person presiding and one member of this Council (other than the Commander-in-Chief) may exercise all the functions of the Governor-General in Council.
40. Business of Governor-General in Council.- (1) All orders and other proceedings of the Governor-General in Council shall be expressed to be made by the Governor-General in Council, and shall be signed by a secretary to the Government of India, or otherwise as the Governor-General in council may direct, and, when so signed, shall not be called into question in any legal proceeding on the ground that were not duty made by the Governor-General in Council.
(2) The Governor-General may make rules and orders for the more convenient transaction of business in his Executive Council, and every order made or act done, in accordance with such rules and orders, shall be treated as being the order or the act of the Governor-General in Council.
41. Procedure in case of difference of opinion.- (1) If any difference of opinion arises, on any question brought before a meeting of the Governor-General's Executive Council, the Governor-General in Council shall be bound by the opinion and decision of the majority of those present, and, if they are equally divided, the Governor-General or other person presiding shall have a second or casting vote.
(2) Provided that, whenever any measure is proposed before the Governor-General in Council whereby the safety, tranquility or interests of British India, or of any part thereof, are or may be, in the judgment of the Governor-General essentially affected, and he is opinion either that the measure proposed ought to be adopted and carried into execution, or that it ought to be suspended or rejected, and the majority present at a meeting of the Council dissent from that opinion, the Governor-General may, on his own authority and responsibility, adopt, suspend or reject the measure, in whole or in part.
(3) In every such case any two members of the dissentient majority may require that the adoptions, suspension or rejection of the measure, and the fact of their dissent, be reported to the secretary of State, and the report shall be accompanied by copies of any minutes which the members of the Council have recorded on the subject.
(4) Nothing in this section shall empower the Governor-General to do anything which he could not lawfully have done with the concurrence of his Council.
42. Provisions for absence of Governor-General from meetings of Council.- If the Governor-General is obliged to absent himself from any meeting of the Council, by indisposition or any other cause, the vice-president, or, if he is absent, the senior member (other than the Commander-in-Chief) present at the meeting, shall preside thereat with the like powers as the Governor-General would have had if present:
Provided that, if the Governor-General is at the time resident at the place where the meeting is assembled, and is not prevented by indisposition from signing any act of Council made at the meeting, the act shall require his signature; but if he declines or refuses to sign it, the like provisions shall have effect as in case where the Governor-General, when present, dissents from the majority at a meeting of the Council.
43. Power of Governor-General in absence from Council.- (1) Whenever the Governor-General in Council declares that it is, expedient that the Governor-General should visit any part of India unaccompanied by his Executive Council, the Governor-General in Council may, by order, authorize the Governor-General alone to exercise, in his discretion, all or any of the powers which might be exercised by the Governor-General in Council at meetings of the Council.
The Indian Legislature
63. Indian legislature.- Subject to the Provisions of this Act, the Indian legislature shall consist of the Governor-General and two chambers, namely, the Council of State and the Legislative Assembly.
Except as otherwise provided by or under this Act, a Bill shall not be deemed to have been passed by the Indian legislature, unless it has been agreed to by both chambers, either without amendment or with such amendments only as may be agreed to by both chambers.
63-A. Council of State.- (1) The Council of State shall consist of not more than sixty members nominated or elected in accordance with rules made under this Act, of whom not more than twenty shall be official members.
(2) The Governor-General shall have power to appoint, from among the members of the Council of State, a president and other persons to preside in such circumstances as he may direct.
(3) The Governor-General shall have the right of addressing the Council of State, and may for that purpose require the attendance of its members.
63-B. Legislative Assembly.- (1) The Legislative Assembly shall consist of members nominated or elected in accordance with rules made under This Act.
(2) The total number of members of Legislative Assembly shall be one hundred and forty. The number of non-elected members shall be forty, of whom twenty-six shall be official members. The number of elected members shall be one hundred:
Provided that rules made under this Act may provide for increasing the number of members of Legislative Assembly as fixed by this section, and may vary the proportion which the classes of members bear one to another, so, however, that at least five-sevenths of the members of Legislative Assembly shall be elected members, and at least one-third of the other members shall be non-official members.
(3) The Governor-General shall have the right of addressing the Legislative Assembly, and may for that purpose require the attendance of its members.
63-C. President of Legislative Assembly.- (1) There shall be a president of the Legislative Assembly, who shall be a member of the Assembly elected by the Assembly and approved by the Governor-General.
(2) There shall be a deputy president of the Legislative Assembly, who shall preside at meetings of the Assembly in the absence of the president, and who shall be a member of the Assembly elected by the Assembly and approved by the Governor-General.
(3) A president and a deputy president shall cease to hold office if they cease to be members of the Assembly. They may resign office by writing under their hands addressed to the Governor-General, and may be removed from office by a vote of the Assembly with the concurrence of the Governor-General.
(4) A president and deputy-president shall receive such salaries as may be determined by Act of the Indian Legislature.
63-D. Durations and sessions of Legislative Assembly and Council of State.- (1) Every Council of State shall continue for five years, and every Legislative Assembly for three years, from its first meeting:
Provided that-
(a) either chamber of the legislature may be sooner dissolved by the Governor-General; and
(b) any such period may be extended by the Governor-General if in special circumstances he so thinks fit; and
(c) after the dissolution of either chamber the Governor-General shall appoint a date not more than six months, or, with the sanction of the Secretary of State, not more than nine months, after the date of dissolution for the next session of that chamber.
(2) The Governor-General may apoint such times and places for holding the session of either chamber of the Indian legislature as he thinks fit, and may also from time to time, by notification or otherwise, prorogue such sessions.
(3) Any meeting of either chamber of the Indian legislature may be adjourned by the person presiding.
(4) All questions in either chamber shall be determined by a majority of votes of members present other than the presiding member, who shall, however, have and exercise a casting vote in the case of an equality of votes.
(5) The powers of either chamber of the Indian legislature may be exercised notwithstanding any vacancy in the chamber.
63-E. Membership of both chambers.- (1) An official shall not be qualified for election as a member of either chamber of the Indian legislature, and, if any non-official member of either chamber accepts office in the service of the Crown in India, his seat in that chamber shall become vacant.
2[Provided that an Act of the Indian Legislature may declare any office in the service of the Crown in India to be an office the holding of which does not disqualify the holder thereof for election as, or continuance as, a member of either chamber of the Indian Legislature, and any such Act may be made to have effect from any date before the passing thereof, not earlier than the third day of September, nineteen hundred and thirty-nine.]
(2) If an elected member of either chamber of the Indian legislature becomes a member of the other chamber, his seat in such first mentioned chamber shall thereupon become vacant.
(3) If any person is elected a member of both chambers of the Indian legislature, he shall before he takes his seat in either chamber, signify in writing the chamber of which he desires to be a member, and thereupon his seat in the other chamber shall become vacant.
(4) Every member of the Governor-General's Executive Council shall be nominated as a member of one chamber of the Indian legislature, and shall have the right of attending in and addressing the other chamber, but shall not be a member of both chambers.
64. Supplementary provisions as to composition of Legislative Assembly and Council of State.- (1) Subject to the provisions of this Act, provision may be made by rules under this Act as to-
(a) the term of office of nominated members of the Council of State and the Legislature Assembly, and the manner of filing casual vacancies occurring by reason of absence of members from India, inability to attend to duty, death, acceptance of office, or resignation duty accepted, or otherwise; and
(b) the conditions under which and the manner in which persons may be nominated as members of the Council of State or the Legislative assembly; and
(c) the qualification of electors, the constitution of constituencies, and the method of election for the Council of State and Legislative Assembly (including the number of members to be elected by communal and other electorates) and any matter incidental or ancillary thereto; and
(d) the qualifications for being or for being nominated or elected as members of the Council of State or the Legislative Assembly: and
(e) the final decision of doubts or disputes as to the validity of an election.
(f) the manner in which the rules are to be carried into effect.
(2) Subject to any such rules, any person who is a ruler or subject of any state in India may be nominated as a member of the Council of State or the Legislative Assembly.
67. Business and proceedings in Indian legislature.- (1) Provision may be made by rules under this Act for regulating the course of business and the preservation of order in the chambers of the Indian legislature, and as to the persons to preside at the meetings of the Legislative Assembly in the absence of the president and the deputy president; and the rules may provide for the number of members required to constitute a quorum, and for prohibiting or regulating the asking of questions on, and the discussion of, any subject specified in the rules.
(2a) Where in either chamber of the Indian legislature any Bill has been introduced, or is proposed to be introduced, or any amendment to a Bills is moved, or proposed to be moved, the Governor-General may certify that the Bill, or any clause of it, or the amendment, affects the safety or tranquility of British India or any part thereof, and may direct that no proceedings, or that no further proceeding, shall be taken by the chamber in relation to the Bill, clause, or amendment, and effect shall be given to such direction.
(3) If any Bill which has been passed by one chamber is not within six months after the passage of the Bill by that chamber passed by the other chamber either without amendments or with such amendments as may be agreed to by the two chambers, the Governor-General may in his discretion refer the matter for decision to a joint sitting of both chambers: Provided that standing orders made under this section may provide for meetings of members of both chambers appointed for the purpose, in order to discuss any difference of opinion which has arisen between the two chambers.
(4) Without prejudice to the powers of the Governor-General under section sixty-eight of this Act, the Governor-General may, where a Bill has been passed by both chambers of the Indian legislature, return the Bill for reconsideration by either chambers.
(5) Rules made for the purpose of this section may contain such general and supplemental provisions as appear necessary for the purpose of giving full effect to this section.
(6) Standing orders may be made providing for the conduct of business and the procedure to be followed in either chamber of the Indian legislature in so far as these matters are not provided for by rules made under this Act. The first standing orders shall be made by the Governor-General in Council, but may, with the consent of the Governor-General, be altered by the chamber to which they relate.
Any standing order made as aforesaid which in repugnant to the provisions of any rules made under this Act shall, to the extent of that repugnancy but not otherwise, be void.
(7) Subject to the rules and standing orders affecting the chamber, there shall be freedom of speech in both chambers of the Indian legislature. No person shall be liable to any proceedings in any court by reason of his speech or vote in either chamber, or by reason of anything contained in any official report of the proceedings of either chamber.
67-A. Indian Budget.- (1) The estimated annual expenditure and revenue of the Governor-General in Council shall be laid in the form of a statement before both chambers of the Indian legislature in each year.
(2) No proposal for the appropriation of any revenue or money for any purpose shall be made except on the recommendation of the Governor-General.
(3) The proposals of the Governor-General in Council for the appropriation of revenue of moneys relating to the following heads of expenditure shall not be submitted to the vote of the Legislative Assembly, nor shall they be open to discussion by either chamber at the time when the annual statement is under consideration unless the Governor-General otherwise directs:-
(i) interest and sinking fund charges on loans; and
(ii) expenditure of which the amounts is prescribed by or under any law; and
(iii) salaries (including in the case of the Governor-General sums payable on his account in respect of his office) and pensions payable to or to the dependents of-
(a) persons appointed by or with the approval of his Majesty;
(b) Chief Commissioner and Judicial Commissioners; and
(iv) any grants for purposes connected with the administration of any areas in a Province which are for the time being Excluded Areas; and
(v) the sums payable to His Majesty under the Government of India Act, 1935, in respect of the expenses of His Majesty incurred in discharging the functions of the Crown in relation to Indian States; and
(vi) expenditure classified by the order of the Governor-General in Council as-
(a) ecclesiastical;
(b) external affairs;
(c) defence; or
(d) relating to tribal areas.
(vii) Expenditure of the Governor-General in discharging his functions as respects matters with respect to which he is required by the provisions of the Government of India Act, 1935, for the time being in force to act in his discretion;
(viii) any other expenditure declared by the provisions of the Government of India Act, 1935, for the time being in force to be charged on the revenues of the Federation.
(4) If any question arises as to whether any proposed appropriation of revenue or moneys does or does not relate to the above heads, the decision of the Governor-General on the question shall be final.
(5) The proposals of the Governor-General in Council for the appropriation of revenue or moneys relating to heads of expenditure not specified in the above heads shall be submitted to the vote of the Legislative Assembly in the form of demands for grants.
(6) The Legislative Assembly may assent or refuse its assent to any demand or may reduce the amount referred to any demand by a reduction of the grant.
(7) The demands as voted by the Legislative Assembly shall be submitted to the Governor-General in Council, who shall, if he declares that he is satisfied that any demand which has been refused by the Legislative Assembly is essential to the discharge of his responsibilities, act as if it had been assented to, notwithstanding the withholding of such assent, or the reduction of the amount therein referred to, by the Legislative Assembly.
(8) Notwithstanding anything in this section, the Governor-General shall have power, in case of emergency, to authorise such expenditure as may, in his opinion, be necessary for the safety or tranquility of British India or any part thereof.
67-B. Provision for case of failure to pass legislation.- (1) Where either chamber of the Indian legislature refuses leave to introduce, or fails to pass in a form recommend by the Governor-General, any Bill, the Governor-General may certify that the passage of the Bill is essential for the safety, tranquility or interest of British India or any part thereof, and thereupon-
(a) if the Bill has already been passed by the order chamber, the Bill shall, on signature by the Governor-General notwithstanding that it has not been consented to by the both chambers, forthwith become an Act of the Indian legislature in the form of the Bill as originally introduced or proposed to be introduced in the Indian legislature, or (as the cases may be) in the form recommended by the Governor-General; and
(b) if the Bill has not already been so passed, the Bill shall be laid before the other chamber, and, if consented to by that chamber in the form recommended by the Governor-General, shall become an Act as aforesaid on the signification of the Governor-General's assent, or, if not so consented to, shall, on signature by the Governor-General, become an Act as aforesaid.
(2) Every such Act shall be expressed to be made by the Governor-General, and shall, as soon as practicable after being made, be laid before both Houses of Parliament, and shall not have effect until it has received Majesty's assent, and shall not be presented for His Majesty's assent until copies thereof have been laid before each House of Parliament for not less than eight days on which that House has sat; and upon the signification of such assent by His Majesty in Council, and the notification thereof by the Government-General, the Act shall have the same force and effect as an Act passed by the Indian legislature duly assented to;
Provided that, where in the opinion of the Governor-General a state of emergency exists which justifies such action, the Governor-General may direct that any such Act shall come into operation forthwith, and there upon the Act shall have such force and effect as aforesaid, subject, however, to disallowance by His Majesty in Council.
68. Assent of Governor-General to Bills.- (1) When a Bill has been passed by both chambers of the Indian Legislature, the Governor-General may declare that he assents to the Bill, or that he withholds assent from the Bill, or that he reserves the Bill for the signification of His Majesty's pleasure thereon.
(2) A Bill passed by both chambers of the Indian legislature shall not become an Act until the Governor-General has declared his assent thereto, or, in the case of a Bill reserved for the signification of his Majesty's pleasure until His Majesty 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 legislature has 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 his disallowance 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 government 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 to the like disallowance as an Act passed by the Indian legislature, and may be controlled or superseded by any such Act.
Salaries, leave of absence, vacation of office, etc.
85. Salaries and allowances of Governor-General and certain other officials in India.- (1) There shall be paid to the Governor-General of India, to the Commander-in-Chief of His Majesty's Force in India and to the members of the Governor-General's Executive Council (other than the Commander-in-Chief), out of the revenues of the Governor-General in Council, such salaries and such allowances (if any) for equipment and voyage as the Secretary of State may by order fix in that behalf and subject to or in default of any such order as are payable at the commencement of Part III of the Government of India Act, 1935; but salary of the Governor-General shall not exceed two hundred any fifty-six thousand rupees annually, the salary of the Commander-in-Chief shall not exceed one hundred thousand rupees annually and the salary of members of the Governor-General's Executive Council (other than the Commander-in-Chief) shall not exceed eighty thousand rupees annually.
(2) Provided as follows,-
(a) the Secretary of State shall not make order affecting salaries of members of the Governor-General's Executive Council except after consulting his advisers and with the concurrence of at least one-half of them;
(b) if any person to whom this section applies holds or enjoys any pension or salary or any office of profit under the Crown or under any public office, his salary under section shall be reduced by the amount of the pension, salary or profits of office so held or enjoyed be him;
(c) nothing in the provisions of this section with respect to allowances shall authorise the imposition of any additional charge on the revenues of the Governor-General in Council.
(3) The remuneration payable to a person under this section shall commence on his taking upon himself the execution of his office and shall be the whole profit or advantage which he shall enjoy from office during his continuance therein;
Provided that nothing in this section shall apply to the allowances or other forms of profit and advantage which may have been sanctioned for such persons before the commencement of part III of the Government of India Act, 1935, by the Secretary of State in Council or may thereafter have been sanctioned by the Secretary of State.
86. Power to grant leave of absence to Governor-General, etc.- (1) The Secretary of State may grant to the Governor-General and, on the recommendation of the Governor-General in Council, to the Commander-in-Chief, leave of absence for urgent reasons of public interest, or of health or of private affairs.
(2) The Governor-General in Council may grant to any member of his Executive Council (other than the Commander-in-Chief) leave of absence for urgent reasons of health or of private affairs.
(3) Leave of absence shall not be granted to any person in pursuance of this section 4[for urgent reasons of health or of private affairs] for any period exceeding four months not more than once during his tenure of office:
Provided that the Secretary of State may, if he thinks fit, extend any period of leave so granted, but in any such case the reasons for the extension shall be set forth in a minute signed by the Secretary of State and laid before both Houses of Parliament.
(4) Where leave of absence is granted to any person in pursuance of this section, he shall retain his office during the period of leave as originally granted, or, if that period is extended by the Secretary of State during the period as so extended, but, if his absence exceeds that period, his office shall be deemed to have become vacant in the case of a person granted leave for urgent reasons of public interest as from the termination of that period and in any other case as from the commencement of his absence.
(5) Where a person obtains leave of absence in pursuance of this section, he shall be entitled to receive during his absence such leave allowances as may be prescribed by rules made by the Secretary of State, but, if he does not resume his duties upon the termination of the period of the leave, he shall, unless the Secretary of State otherwise directs, repay in such manner as may be prescribed as aforesaid, any leave allowances received under this sub-section.
55[(6) If the Governor-General or the Commander-in-Chief is granted leave for urgent reasons of public interest, the Secretary of State may-
(a) direct that he shall be entitled to receive during his absence his salary as fixed under the last foregoing section in lieu of the leave allowances to which he would otherwise be entitled under the last foregoing sub-section;
(b) grant to him, in addition to his salary as so fixed or any leave allowances, as the case may be, such allowances or further allowances in respect of travelling expenses as the Secretary of State may think fit.
(7) Rules made under this section shall be laid before both Houses of Parliament as soon as may be after they are made.
66[87. Acting appointments during the absence of the Governor-General etc. on leave.- (1) Where, in pursuance of the last foregoing section leave is granted to the Governor-General for any reason or to the Commander-in-Chief for urgent reasons of health or of private affairs, a person shall be appointed to act in his place during his absence, and where leave is so granted to the Commander-in-Chief for urgent reasons of public interest, a person may be appointed to act in his place during his absence.
(2) Any such appointment shall be made by His Majesty by warrant under the Royal Sign Manual.
(3) A person appointed under this section to act in the place of the Commander-in-Chief may, if the Commander-in-Chief was a member of the Executive Council of the Governor-General, be also appointed by the Governor-General in Council to be a temporary member of that Council.
(4) A person appointed under this section shall, until the return to duty of the permanent holder of the office or, if he does not return, until a successor arrives, hold and execute the office to which he has be appointed and shall have and may exercise all the rights and powers thereof and shall be entitled to receive the emoluments and advantages appertaining to the office, foregoing the emoluments and advantages (if any) to which he was entitle at the time of his being appointed to that office.]
89. Power for Governor-General to exercise powers before taking seat.- (1) If any person appointed to the office of the Governor-General is in India on or after the event on which he is to succeded, and thinks it necessary to exercise the powers of Governor-General before he takes his seat in Council, he may make known by notification his appointment and his intention to assume the office of Governor-General.
(2) After the notification, and thenceforth until he repairs to the place where the Council may assemble, he may exercise alone all or any of the powers which might be exercised by the Governor-General in Council.
(3) All acts done in the Council after the date of the notification, but before the communication thereof to the Council, shall be valid, subject, nevertheless, to revocation or alteration by the persons who had so assumed the office of Governor-General.
(4) When the office of Governor-General is assumed under the foregoing provision, the vice-president, or if he is absent, the senior member of the Council (other than the Commander-in-Chief) then present shall preside therein, with the same powers as the Governor-General would have had if present.
90. Temporary vacancy in office of Governor-General.- (1) If a vacancy occurs in the office of Governor-General when there is no successor in India to supply the vacancy, that one of the following governors, that is to say, the Governor of Madras, the Governor of Bombay and the Governor of Bengal, who was first appointed to the office of governor by His Majesty shall hold and execute the office of Governor-General until a successor arrives or until of some person in India is duly appointed thereto.
(2) Every such acting Governor-General, while acting as such, shall have and may exercise all the rights and powers of the offices of Governor-General, and shall be entitled to receive the emoluments and advantages appertaining to his office of Governor, and shall not act in his office of Governor.
(3) If on the vacancy occurring, it appears to the governor, who by virtue of this section holds and executes the office of Governor-General, necessary to exercise the powers thereof before he takes his seat in Council, he may make known by notification his appointment and his intention to assume the office of Governor-General, and thereupon the provisions of section eighty-nine of this Act shall apply.
(4) Until such a governor has assumed the office of Governor-General, if no successor is on the spot to supply such vacancy, the vice-president, or, if he is absent, the senior member of the Executive Council (other than the Commander-in-Chief) shall hold and execute the office of Governor-General until the vacancy is filled in accordance with the provisions of this Act.
(5) Every vice-president or other member of Council so acting as Governor-General, while so acting, shall have and may exercise all the rights and powers of the office of Governor-General and shall be entitled to receive the emoluments and advantages appertaining to the office, foregoing his salary and allowances as member of Council for that period.
92. Temporary vacancy in office of member of the Executive Council.- (1) If a vacancy occurs in the office of a member of the Executive Council of the Governor-General (other than the Commander-in-Chief), and there is no successor present on the spot, the Governor-General in Council shall supply the vacancy by appointing a temporary member of Council.
(2) Until a successor arrives, the person so appointed shall hold and execute the office to which he has been appointed, and shall have and may exercise all the rights and powers thereof, and shall be entitled to receive the emoluments and advantages appertaining to the office, foregoing all emoluments and advantage he was entitled at the time of his being appointed to that office.
(3) If a member of the Executive Council of the Governor-General (other than the Commander-in-Chief is, by infirmity or otherwise, rendered incapable of acting or of attending to act as such, or is absent on leave or special duty, the Governor-General in Council shall appoint some person to be a temporary member of Council.
(4) Until the return to duty of the member so incapable or absent, the person temporarily appointed shall hold and execute the office to which he has been appointed, and shall have and may exercise all the rights and powers thereof, and shall be entitled to receive the emoluments and advantages appertaining to the office, foregoing the emoluments and advantages (if any) to which he was entitled at the time of his being appointed to that office.
(4-A) When a member of the Executive Council is by infirmity or otherwise rendered incapable of acting or attending to act as such and a temporary member of council is appointed in his place, the absent member shall be entitled to receive half his salary for the period of his absence.
(5) Provided as follows:-
(a) no person may be appointed a temporary member of council who might not have been appointed to fill the vacancy supplied by the temporary appointment; and
(b) if the Secretary of State informs the Governor-General that it is not the intention of His Majesty to fill a vacancy in the Governor-General's Executive Council, no temporary appointment may be made under this section to fill the vacancy, and if any such temporary appointment has been made before the date of the receipt of the information by the Governor-General, the tenure of the person temporarily appointed shall cease from that date.
93. Vacancies in Legislative Councils.- (1) A nominated or elected member of either chamber of the Indian Legislature may resign his office to the Governor-General, and on the acceptance of the resignation the office shall become vacant.
(2) If for a period of two consecutive months any such member is absent from India or unable to attend to the duties of his office the Governor-General may, by notification published in the Government gazette declare that the seat in council of that member has become vacant.
Supplemental
129-A. Provisions as to rules.- (1) Where any matter is required to be prescribed or regulated by rules under this Act, and no special provision is made as to the authority by whom the rules are to be made, the rules shall be made by the Governor-General in Council, with the sanction of the Secretary of State, and shall not be subject to repeal or alteration by any legislature in India.
(2) Any rules made under this Act may be so framed as to make different provision for different provinces.
(3) Any rules to which sub-section (1) of this section applies shall be laid before both Houses of Parliament as soon as may be after they are made, and, if an address is presented to His Majesty by either House of Parliament within the next thirty days on which that House has sat after the rules are laid before it praying the rules or any of them may be annulled, His Majesty in Council may annual the rules or any of them, and those rules shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder:
Provided that the Secretary of State may direct that any rules to which this section applies shall be laid in draft before both Houses of Parliament, and in such case the rules shall not be made unless both Houses by resolution approve the draft either without modifications or additions, or with modification and addition to which both Houses agree, but, upon such approval being given, the rules may be made in the form in which they have been approved, and such rules on being so made shall be of full force and effect, and shall not require to be further laid before Parliament.
Schedule 10
Schedule 10
1[TENTH SCHEDULE
(Section 321)
Enactments Repealed
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Session and Chapter of Act.
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Title
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Extent of Repeal.
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21 Geo. 3, c. 70
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..
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The East India Company Act, 1780..
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Section eighteen.
|
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37 Geo. 3, c. 142
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..
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The East India Act, 1797.. .. ..
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Section twelve.
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16 & 17 Vict., c. 107
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..
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The Customs Consolidation Act, 1853
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Section three hundred and twenty-nine.
|
|
23 & 24 Vict., c. 89
|
..
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An Act to extend in certain cases the provisions of the Superannuation Act, 1859
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The whole Act.
|
|
47 & 48 Vict., c. 38
|
..
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The Indian Marine Service Act, 1884
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The whole Act.
|
|
56 & 57 Vict., c. 62
|
..
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The Madras and Bombay Armies Act, 1898
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The whole Act.
|
|
5 & 6 Geo. 5, c. 61
|
..
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The Government of India Act, 1915
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The whole Act.2
|
|
6 & 7 Geo. 5, c. 37
|
..
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The Government of India (Amendment) Act, 1916
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The whole Act except sections six and eight.
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9 & 10 Geo. 5, c. 101
|
..
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The Government of India Act, 1919
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The whole Act except the Preamble and sub-s. (1) of section forty seven.
|
|
12 & 13 Geo. 5, c. 20
|
..
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The Indian High Courts Act, 1922
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The whole Act.
|
|
14 & 15 Geo. 5, c. 28
|
..
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The Government of India (Leave of Absence) Act, 1924
|
The whole Act.
|
|
15 & 16 Geo. 5, c. 88
|
..
|
The Government of India (Civil Services) Act, 1925
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The whole Act.
|
|
17 & 18 Geo. 5, c. 8
|
..
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The Government of India (Indian Navy) Act, 1927
|
The whole Act except section two and sub-s. (1) of section four.
|
|
17 & 18 Geo. 5, c. 24
|
..
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The Government of India (Statutory Commission) Act, 1927
|
The whole Act.
|
|
20 & 21 Geo. 5, c. 2
|
..
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The Government of India (Aden) Act, 1929
|
The whole Act.
|
|
23 & 24 Geo. 5, c. 23
|
..
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The Government of India (Amendment) Act, 1933
|
The whole Act.
|
|
23 & 24 Geo. 5, c. 36
|
..
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The Administration of Justice (Miscellaneous Provisions) Act, 1933
|
In the First Schedule the words "5 & 6 Geo. 5, c. 61; The Government of India Act; section one hundred and twenty-seven."]
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