¹[93. Power of Governor to issue Proclamations

(1) If at any time the Governor of a Province is satisfied that a situation has arisen in which the government of the Province cannot be carried on in accordancewith the provisions of this Act, he may by Proclamation--

(a) declare that his functions shall, to such extent as may be specified in the Proclamation, be exercised by him in his discretion;

(b) assume to himself all or any of the powers vested in or exer-cisable by any Provincial body or authority;

and any such Proclamation may contain such incidental and conse-quential provisions as may appear to him to be necessary or desirable for giving effect to the objects of the Proclamation, including pro-visions for suspending in whole or in part the operation of any pro-visions of this Act relating to any Provincial body or authority:

Provided that nothing in this sub-section shall authorise the Governor to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend, either in whole or in part the operation of any pro-vision of this Act relating to High Courts.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) A Proclamation under this section--

(a) shall be communicated forthwith to the Stcretary of State and shall be laid by him before each House of Parliament;

(b) unless it is a Proclamation revoking a previous Proclamation, shall cease to operate at the expiration of six months;

Provided that, if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of twelve months from the date on which under this subsection it would otherwise have ceased to operate, but no such Proclamation shall: in any case remain in force for more than three years.²

(4) If the Governor by a Proclamation under this section, assumes to himself any power of the Provincial Legislature to make laws, any law-made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from thedate on which the Proclamation ceases to have effect, unless sooner re-pealed or re-enacted by Act of the appropriate Legislature, and any referencein this Act to Provincial Acts, Provincial laws, or Acts or laws of a Pro-vincial Legislature shall be construed as including a reference to such a law.

(5) The functions of the Governor under this section shall be exer-cised by him in his discretion and no Proclamation shall be made by a Governor under this section without the concurrence of the Governor-General in his discretion.

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1. Omitted by the India (Provisional Constitution) Order, 1947.

2. For extension of Proclamation during war period, see the India and Burma (Temporary and Miscellaneous Provisions) Act, 1942 (5 & 6 Geo. 6, Ch. 39), Section 1.

PARTIV¹

THECHIEF COMMISSIONERS PROVINCES

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1.This Part came into force on 1-4-1937, under Government of India (Commencementand Transitory Provisions) Order, 1936, para 3.

(1)The following shall be the Chief Commissioners' Provinces, that is to say, theheretofore existing Chief Commissioners' Provinces of [British Baluchistan]¹ ,Delhi, Ajmer-Merwara, Coorg and the Andaman and Nicobar Islands, the area knownas Panth Piploda, and such other Chief Commissioners' Provinces as may becreated under this Act.

[(2) Aden shall, cease to be part of India].¹

(3)A Chief Commissioner's Province shall be administered by the Governor-Generalacting, to such extent as he thinks fit, through a Chief Commissioner to beappointed by him in his discretion.

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1.Omitted by the India (Provisional Constitution) Order, 1947.

¹ [95.British Baluchistan

(1)In directing and controlling the ad-ministration of British Baluchistan, theGovernor-General shall act in his discretion.

(2)The executive authority of the Federation extends to British Baluchistan as itextends to other Chief Commissioner's Provinces, but notwithstanding anything inthis Act, no Act of the Federal Legislature shall apply to British Baluchistanunless the Governor-General in his dis-cretion by public notification sodirects, and the Governor-General in giving such a direction with respect to anyAct may direct that the Act shall in its application to the Province, or to anyspecified part thereof, have effect subject to such exceptions or modificationsas he thinks fit.

(3)The Governor-General may in his discretion make regulations for the peace andgood government of British Baluchistan, and any regulations so may made repealor amend any Act of the Federal Legislature or any existing Indian law which isfor the time being applicable to the Province and, when promulgated by theGovernor-General, shall have the same force and effect as an Act of the FederalLegislature which applies to the Pro-vince.

Theprovisions of Part II of this Act relating to the power of His Majesty todisallow Acts shall apply in relation to any such regulations as they apply inrelation to Acts of the Federal Legislature assented to by the Governor-General.

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1.Omitted by the India (Provisional Constitution) Order, 1947.

¹ [96. The Andaman and Nicobar Islands

The provisions of sub-section (3) of the last preceding sectionshall apply in relation to the Andaman andNicobar Islands as they apply in relation to BritishBaluchistan.

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1. Section 96 was substituted, by by the India (Provisional Constitution) Order, 1947.., as follows--

"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."

Until other provision is made by ¹ [His Majesty in Council], 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.

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1. These words were substituted, by the India (Provisional Constitution) Order, 1947 by the words--'or in accordance with a law made by the Constituent Assembly under sub-section (1) of s. 8 of the Indian Independence Act, 1947".

¹ [98. Provisions as to Police Rules & C., and as to Crimes of Violence Intended to Overthrow the Government

The provisions of Part III of this Act with respect to police rules and with respect to crimes of violence intended to overthrow the government, including the provisions thereof relating to the non-disclosure of certain records and information, shall apply in relation to Chief Commissioners' Provinces as they apply in relation to Governor's Provinces, with the substitution for referencesto the Governor and the Chamber or Chambers of the Provincial Legisla-ture of references to the Governor-General and the Chamber of the FederalLegislature.

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1. Omitted by the India (Provisional Constitution) Order, 1947.

PART V¹

EGISLATIVE POWERS

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1. This part came into force on 1st April 1937. See the Government of India (Commencement and Transitory Provisions) Order, 1936, para 3.