Subject NOT available

click here for IIIF manifest

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, WEDNESDAY, AUGUST 24, 1949

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 24th August, 1949

The following Act of the Constituent Assembly has been authenticated by the President of the Constituent Assembly by his signature on the 21st August, 1949 and is hereby published for general information—

CONSTITUENT ASSEMBLY ACT NO. IV OF 1949

An Act further to amend the Government of India At 1935

28 Geo. 5,

2.

WHEREAS it is expedient further to amend the Govern- ment of Indian Act, 1935, for the purpose hereinafter appearing;

It is hereby enacted as follows: —

1. (1; This Act may be called the Government of India

(Third Amendment) Act, 1949.

Short title and commen- cement.

(2) It shall come into force on the 25th day of August

1949.

tation.

2. The Interpretation Act, 1889, applies for the inter- pretation of this Act as it applies for the interpretation of an Act of Parliament,

3. In sub-section (1A) of section 8 of the Government of India Act, 1935 (hereinafter referred to as the said Act), after clause (b) the following clauses shall be inserted

namely: —

Amendment of section 8 of the Government of India Act, 1935 "(bb) custody, management and disposal of property (including agricultural land) declared by law to be evacuee property;

(bbb) relief and rehabilitation of persons displaced

from their original place of residence by reason of the setting up of the Dominions of India and Pakistan,",

4. For section 2 91 of the said Act, the following section

shall be substituted, namely: —

Substitution of new sec- tion for sec- tion 291, "291. Power of the Governor-General to amend certain provisions of the Act and orders made thereunder.—

whether by w aj of addit'on, modification, oi' repeal, ill the prov'flioii'3 of thin Act or of any Ordor made thereunder in relation to any Provincial Legislature with respect to HUT of -the following matters, thnt i-i to say—

(a) the compobitiou ot the Chamber or Chambers ot the Legisluturo;

(bj tlie delimitation of territorial constituencies for the purpase of elections under this Act;

(0) tho qualifications entitling persons to vote in territorial ov othei¹ constituencies at such eVct'onH, and tho preparation of electoral rolls;

(d) the qualifications for being elected at suoh

elections as a member of ti legislative body;

(e) t he filling of casual vacancies in any such body;

(f) tho oonduct of elections under this Act and the, method of voting therent:

(g) the expenses of candidates at such eleotions;

(h) corrupt practices and other offences at or in connection with such elections;

(1) the decision of doubts nnd disputes arising out. of, or in connection -with, such pleot'ons;

(]) matters ancillaty t-o any such m a t t er as aforesaid.

(2) Every Order made under sub-section (1) of this section shall as soon ns m ay bo after it i<< m a de be Jaid before the Dominion Legislature."

5, In tho Seventh Schedule to the said Act,—-

Ainondweut of the Seven- th Sohedule.

(a) for paragraph ll ot the Provincial Legislative L'st the following paragraph shall bo substituted, namely: —

Secretary.