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Section 288 - Aden in Government of India Act, 1935 [Repealed]

snapp 288 GOIA[ 1935 0 Notes

Aden.

1[288. Aden

(1) On such date as His Majesty may by Order in Council appoint (in this section referred to as "the appointed day") the then existing Chief Commissioner's Province of Aden (in this section referred to as "Aden") shall cease to be a part of British India.

(2) At any time after the passing of this Act it shall be lawful for; His Majesty in Council to make such provision as he deems proper for the government of Aden after the appointed day, and any such Order in Council, may delegate to any person or persons within Aden power to make laws for the peace, order and good government of Aden, without prejudice to the power of His Majesty in Council, notwithstanding such delegation, from time to time to make laws for any of the purposes aforesaid.

(3) An Order made by His Majesty in Council by virtue of the pre-ceding sub-section may, without prejudice to the generality of the words of that sub-section, contain provisions with respect to--

(a) the continuing validity of all Acts, orders, ordinances and regulations in force in Aden immediately before the appointed day;

(b) the continuing validity of lawful acts done by any authority in Aden before the appointed day;

(c) the validity and continuance of proceedings commenced before the appointed day in any Court of Justice in, or having jurisdiction in, Aden; and

(d) the enforcement by or against the Government of Aden of claims which, if this Act had not been passed, might have been enforced by or against the Secretary of State in Council in connection with the administration of Aden.

(4) If any such Order is made, it shall confer appellate jurisdiction from courts in Aden upon such court in India as may be specified in the Order, and it shall be the duty of anv court in India upon which jurisdiction if so conferred to exercise that jurisdiction, and such contribution, if any, as His Majesty in Council may determine shall be paid out of the revenue of Aden towards the expenses of that court.

The Order shall also make provision specifying the cases in which an appeal from that court in India may be brought to His Majesty in Council.

(5) Any propertv which immediately before the separation of Aden from India was vested in His Maiesty for the purposes of the Government of India and either was then situate in Aden, or, by virtue of any delegation from the Secretary of State in Council or otherwise, was then in the possession, or under the control of, or held on account of, the Local Government of Aden, shall, as from the said separation, vest in His Majesty for the purposes of the Government of Aden, and anv contract made or liability, incurred by or on behalf of the Secretary of State in Council before the said separation solely for a purpose which will after the separation be a purpose of the Government of Aden shall, as from the separation, have effect as if it had been made or incurred by or on behalf of the Government of Aden.

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

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