Section 178 - Special Provisions as to Existing Loans, Guarantees and Other Financial Obligations in Government of India Act, 1935 [Repealed]
Special Provisions as to Existing Loans, Guarantees and Other Financial Obligations.
1[(1) All liabilities in respect of such loans, guarantees and other financial obligations of the Secretary of State in Council as arc outstanding immediately before the commencement of Part III of this Act and were secured on the revenues of India shall, as from that date, be liabilities of the Federation and shall be secured upon the revenues of the Federation and of all the Provinces.
(2) All enactments relating to any such loans, guarantees and other financial obligations of the Secretary of State in Council as aforesaid shall, in relation to those loans, guarantees and obligations, continue to have effect with the substitution therein, except in so far as the context otherwise requires, of references to the Secretary of State for references to the Secretary of State in Council, and with such other modifications and such adaptations as His Majesty in Council may deem necessary].
(3) No deduction in respect of taxation imposed by or under anyexisting Indian law or any law of the Federal or a Provincial Legislatureshall be made from any payment of principal or interest in respect of anysecurities, the interest whereon is payable in sterling, being a payment whichwould, but for the provisions of this Act,2ave fallen to be made by theSecretary of State in Council.
(4) If in the case of any Local Government in India there are out-standing immediately before the commencement of Part III of this Act any loans or other financial obligations secured upon the revenues of the Province, all liabilities in respect of those loans and obligations shall, as from that date, be liabilities of the Government of and shall be secured upon the revenues of, the corresponding Province under this Act.
(5) Any liabilities in respect of any such loan, guarantee or financialobligation as is mentioned in this section may be enforced in accordancewith the provisions of the next succeeding section.
(6) The provisions of this section apply to the liabilities of the Secretaryof State in Council in respect of the Burma Railways three per cent.Debenture Stock, but, save as aforesaid, do not apply to any liability solelyin connection with the affairs of Burma or Aden.
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1.Omitted by the India (Provisional Constitution) Order, 1947.
2. The words 'and of the Indian Independence Act, 1947' were added, by the India (Provisional Constitution) Order, 1947.