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Section 108 - Sanction of Governor-general or Governor Required for Certain Legislative Proposals in Government of India Act, 1935 [Repealed]

snapp 108 GOIA[ 1935 0 Notes

Sanction of Governor-general or Governor Required for Certain Legislative Proposals.

1[108. Sanction of Governor-General or Governor Required for Certain Legislative Proposals

(1) Unless the Governor-General in his discretion thinks fit to give his previous sanction, there shall not be introduced into, or moved in, either Chamber of the Federal Legislature, any Bill or amendment which--

(a) repeals, amends or is repugnant to any provisions of any Act of Parliament extending to British India; or

(b) repeals, amends or is repugnant to any Governor-General's orGovernor's Act, or any ordinance promulgated in his discretion by theGovernor-General or a Governor; or

(c) affects matters as respects which the Governor-General is, by orunder this Act, required to act in his discretion; or

(d) repeals, amends or affects any Act relating to any police force; or

(e) affects the procedure for criminal proceedings in which European British subjects are concerned; or

(f) subjects persons not resident in British India to greater taxationthan persons resident in British India or subjects companies wholly controlled and managed therein; or

(g) affects the grant of relief from any Federal tax on income in respectof income taxed or taxable in the United Kingdom.

(2) Unless the Governor-General in his discretion thinks fit to give his previous sanction, there shall not be introduced into, or moved in, a Chamberof a Provincial Legislature any Bill or amendment which--

(a) repeals, amends, or is repugnant to any provisions of any Actof Parliament extending to British India; or

(b) repeals, amends or is repugnant to any Governor-General's Act, of any ordinance promulgated in his discretion by the. Governor-General; or

(c) affects matters as respects which the Governor-General is by or Under this Act, required to act in his discretion; or

(d) affects the procedure for criminal proceedings in which European Briitish subjects are concerned;

and unless the Governor of the Province in his discretion thinks fit to givehis previous sanction, there shall not be introduced or moved any Bill oramendment which--

(i) repeals, amends or is repugnant to any Governor's Act, or any ordinance promulgated in his discretion by the Governor; or

(ii) repeals, amends or affects any Act relating to any police force.

(3) Nothing in this section affects the operation of any other provisionin this Act which requires the previous sanction of the Governor-General orof a Governor to the introduction of any Bill or the moving of anyamendment].

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

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