¹ [42.Power of Governor-General to Promulgate Ordinances during recess of Legislature

(1)If at any time when the Federal Legislature is not in sessiontheGovernor-General is satisfied that circumstances exist which render it necessaryfor him to takeimmediate action, he may promulgate suchordinances as thecircumstances appear to him torequire:

Providedthat the Governor-General--

(a)shall exercise his individual judgment as respects the promulgation ofany ordinance under this section if a Bill containing the same provisions wouldunder this Act have required his previous sanction to the introduction thereofinto the Legislature; and

(b)shall not, without instructions from His Majesty, promulgate any suchordinance if he would have deemed it necessary to reserve a Bill containing thesame provisions for the signification of His Majesty's pleasure thereon.

(2)An ordinance promulgated under this section shall have the same force and effectas an Act of the Federal Legislature assented to by the Governor-General, butevery such ordinance--

(a)shall be laid before the Federal Legislature and shall cease tooperate atthe expiration of six weeks from the reassembly of theLegislature, or, if beforethe expiration of that period resolutions disapproving it are passed by bothChambers, upon the passingof the second of those resolutions:

(b)shall be subject to the provisions of this Act relating to the power ofHis Majesty to disallow Acts as if it were an Act of the Federal Legislatureassented to by the Governor-General; and

(c)may be withdrawn at any time by the Governor-General.

(3)If and so far as an ordinance under this section makes any provision which theFederal Legislature would not under this Act be competent to enact, it shall bevoid.

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1.For s. 42, the following was substituted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.--

"The Governor-General may, in cases of emergency, make and promulgateOrdinances for the peace and good government of the Dominion or any part thereof, and any Ordinance so made shall, for the space of not more than six monthsfrom its promulgation have the like force of law as an Act passedby the DominionLegislature) but the power of making Ordinances under thissection is subject tothe like restrictions as the power of the Dominion Legislature under this Act tomake laws; and any Ordinance made under this section may be controlled orsuperseded by any such Act."

¹ [43. Power of Governor-General to Promulgate Ordinances at any Time with Respect to Certain Subjects

(1) If at any time the Governor-General is satisfied that circumstances exist which render it necessary for him to take immediate action for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or toexercise his, individual judgment, he may promulgate such ordinance as in hisopinion the circumstances of the case require.

(2) An ordinance promulgated under this section shall continue in operation for such period not exceeding six months as may be specified therein, but may be a subsequent ordinance be extended for a further period not exceeding six months.

(3) An ordinance promulgated under this section shall have the same force and effect as an Act of the Federal Legislature assented to by the Governor-General, but every such ordinance--

(a) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Federal Legislature assented to by the Governor-General;

(b) may be withdrawn at any time by the Governor-General; and

(c) if it is an ordinance extending a previous ordinance for a further period, shall be communicated forthwith to the Secretary of State and shall be laid by him before each House of Parliament.

(4) If and so far as an ordinance under this section makes any provision which the Federal Legislature would not under this Act be competent to enact, it shall be void:

(5) The functions of the Governor-General under this section shall be exercised by him in his discretion.

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1. Omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

¹ [44.Power of Governor-General in Certain Circumstances to Enact Acts

(1)If at any time it appears to the Governor-General that, for the purpose ofenabling him satisfactorily to discharge his functions in so far as he is byor under this Act required in the exercise thereof to act in his discretion orto exercise his individual judgment, it is essential that provision should bemade by legislation, he may by message to both of the Legislature explain thecircumstances which in his opinion render legislation essential, and either--

(a)enact forthwith, as a Governor-General's Act, a Bill containing suchprovisions as he considers necessary; or

(b)attach to his message a draft of the Bill which he considers necessary.

(2)Where the Governor-General takes such action as is mentioned in: paragraph (6)of the preceding sub-section, he may at any time after the expiration of onemonth enact, as a Governor-General's Act, the Bill proposed by him to theChambers either in the form of the draft communicated to them or with suchamendments as he deems necessary, but before so doing he shall consider anyaddress which may have been presented to him within the said period by eitherChamber with reference to the Bill or to amendments suggested to be madetherein.

(3)A Governor-General's Act shall have the same force and effect, and shall besubject to disallowance in the same manner, as an Act of the Federal Legislatureassented to by the Governor-General and, if and in so far as aGovernor-General's Act makes any provision which the Federal legislature wouldnot under this Act be competent to enact, it shall be void.

(4)Every Governor-General's Act shall be communicated forth with to the Secretaryof State and shall be laid by him before each House of Parliament.

(5)The functions of the Governor-General under this section shall be exercised byhim in his discretion.

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1.Omitted, by Government of India (Commencement and Transitory Provisions)Order, 1936, paras. 3 and 11.