Section 271 - Protection of Public Servants Against Prosecution and Suits in Government of India Act, 1935 [Repealed]
Protection of Public Servants Against Prosecution and Suits.
(1) No Bill or amendment to abolish or restrict the protection afforded to certain servants of the Crown in India by section one hundred and ninety-seven of the1[Indian] Code of Criminal Procedure, or by sections eighty to eighty-two of the1[Indian] Code of Civil Procedure,2shall be introduced or moved in1[either Chamber of] the Federal Legislature without the previous sanction of the Governor-General in his discretion, or in a Chamber of a Provincial Legislature without the previous sanction of the Governor in his discretion.
1[(2) The powers conferred upon a Local Government by the said sec-tion one hundred and ninety-seven with respect to the sanctioning of prosecutions and the determination of the Court before which, the person by whom and the manner in which, a public servant is to be tried, shall be exercisable only--
(a) in the case of a person employed in connection with the affairs of the Federation by the Governor-General exercising his individual judgment; and
(b) in the case of a person employed in connection with the affairs of a Province, by the Governor of that Province exercising his individual judgment:
Provided that nothing in this sub-section shall be construed as restricting the power of the Federal or a Provincial Legislature to amend the said section by a Bill or amendment introduced or moved with such previous sanction as is mentioned in sub-section (1) of this section].
(3) Where a civil suit is instituted against a public officer, within the meaning of that expression as used in the1[Indian] Code of Civil Procedure, in respect of any act purporting to be done by him in his official capacity, the whole or any part of the costs incurred by him and of any damages or costs ordered to be. paid by him shall, if the Governor-General exercising his individual judgment so directs in the case of a person employed in connection with the affairs of the Federation, or if the Governor exercising his individual judgment so directs in the case of a person employed in connection with the affairs of a Province, be defrayed out of and charged on the revenues of the Federation or of the Province as the case may be.
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1. Omitted, by the India (Provisional Constitution)Order, 1947.
2. Inserted, by the India (Provisional Constitution)Order, 1947., '1908'.