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Section 114 - Companies Incorporated in India in Government of India Act, 1935 [Repealed]

snapp 114 GOIA[ 1935 0 Notes

Companies Incorporated in India.

1[114. Companies Incorporated in India

(1) Subject to the following provisions of this chapter, aBritish subject domiciled in the United Kingdomshall be deemed to comply with so much of anyFederal or Provincial law as imposes in regard tocompanies incorporated or proposed to be incorporated, whether beforeor after the passing of this Act, by or under the laws of British India, anyrequirements or conditions relating to, or connected with, the place of birth,race, descent, language, religion, domicile, residence or duration of residenceof members of the governing body of a company, or of the holders of itsshares, stock, debentures, debenture stock or bonds or of its officers, agentsor servants;

Provided that no person shall by virtue of this section be deemed to comply with any such requirement or condition as aforesaid if and so long as a like requirement or condition is imposed by or under the law of the United Kingdom in regard to companies incorporated or proposed to be incorporated by or under the laws of the United Kingdom on British subjects domiciled in British India.

(2) If and in so far as, in the case of any such companies as aforesaid, any total or partial exemption from, or preferential treatment in respect of, taxation imposed by or under any Federal or Provincial law depends on compliance with conditions as to any of the matters aforesaid, then, so far as regards such members of its governing body and such of the holders of its shares, stock, debentures, debenture stock or bonds, and such of its officers, agents, and servants, as are British subjects domiciled in the United Kingdom, any such company shall be deemed to satisfy those conditions and be entitled to the exemption or preferential treatment accordingly, so longas the taxation imposed by or under the laws of the United Kingdom oncompanies incorporated by or under those laws does not, as regards suchof the members of a company's governing body, or such of the holders ofits shares, stock, debentures, debenture stock or bonds, or such of itsofficers, agents, or servants, as are British subjects domiciled in BritishIndia, depend on compliance with conditions as to any of the mattersaforesaid.

(3) For the purposes of this section, but not for the purposes of anyother provision of this chapter, a company incorporated before the commencement of Part III of this Act under any existing Indian law andregistered thereunder in Burma, shall be deemed to be a company incorporated by or under the laws of British India.

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

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