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Section 28 - Privileges &c.; of Members in Government of India Act, 1935 [Repealed]

snapp 28 GOIA[ 1935 0 Notes

Privileges &c.; of Members.

(1) Subject to the provisions of this Act andto the rules and standing orders regulating the procedure of the [Federal]1 Legislature, there shall be freedom of speech in the Legislature, and no memberof the Legislature shall be liable to any proceedings in any Court in respect ofanything said or any vote given by him in the Legislature or any committeethereof, and no person shall be so liable in respect of the publication by orunder the authority of 2 [either Chamber of] the Legislature of anyreport, paper, votes or proceedings.

(2)In other respects, the privileges of members of the 2 [Chambers] shallbe such as may from time to time be defined by Act of the Federal Lagislatureand, until so defined, shall be such were immediately before the establishmentof the Federation enjoyed by members of the Indian Legislature.

3 (3)Nothing in any existing Indian Act, and, notwithstanding anything in theforegoing provisions of this section, nothing in this Act, shall be construed asconferring, or empowering the [Federal]1 Legislature to confer, oneither Chamber or on both Chambers sitting together, or on any committee orofficer of the Legislature, the status of the Court, or any punitive ordiscipliniary powers other than a power to remove or exclude persons infringingthe rules or standing orders, or otherwise behaving in a disorderly manner.

(4) Provision may be made by an Act of the[Federal] Legislature for the punishment, on conviction before a Court, ofpersons who refuse to give evidence or produce documents before a committee of aChamber when duly required by the chairman of the committee so to do:

Provided that any such Act shall have effectsubject to such rules for regulating the attendance before such committees ofpersons who are, or have been, in the service of the Crown in India, andsafeguarding confidential matter from disclosure, as may be made by theGovernor-General exercising his individual judgment.

(5)The provisions of sub-sections (1) and (2) of this section shall apply inrelation to persons who by virtue of this Act have the right to speak in, andotherwise take part in the proceedings of, 4 [a Chamber] as they applyin relation to members of the Legislature.

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1.Substituted by the word 'Dominion', by Government of India (Commencementand Transitory Provisions) Order, 1936, paras. 3 and 11.

2.The wordswithin brackets were omitted, by Government of India (Commencement andTransitory Provisions) Order, 1936, paras. 3 and 11.

3.Sub-secs. (S) and (4) of s. 28 were omitted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

4.Substituted by the words 'the Legislature", by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

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