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Section 290 - Creation of New Provinces and Alterations of Boundaries of Provinces in Government of India Act, 1935 [Repealed]

snapp 290 GOIA[ 1935 0 Notes

Creation of New Provinces and Alterations of Boundaries of Provinces.

(1)Subject to the provisions of this section, 1 [His Majesty may by orderin Council]--

(a)create a new Province;

(b)increase the area of any Province;

(c) diminish thearea of any Province;

(d) alter theboundaries of any Province;

Providedthat, 2 [before the draft of any such Order is laid before Parlia-ment, the Secretary of State shall take such steps as His Majesty may direct forascertaining the views of the Federal Government and the Chambers of the FederalLegislature and the views of the Government and the Chamber or Chambers of theLegislature] of any Province which will be affected by the Order, both withrespect to the proposal to make the Order and with respect to the provisions tobe inserted therein.

3 [(2)An order made under this section may contain such provisions for varying therepresentation in the Federal Legislature of any Governor's Province theboundaries of which are altered by the Order and for varying the composition ofthe Legislature of any such Province, such provisions with respect toapportionments and adjustments of and in respect of assets and liabilities, andsuch other supplemental, incidental and consequential provisions as His Majestymay deem necessary or proper:

Providedthat no such Order shall vary the total membership of either Chamber of theFederal Legislature.]

(3)In this section the expression "Province" means either a Governor'sProvince or a Chief Commissioner's Province.

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1.1-4-1936,the Government of India (Constitution of Sind) Order, 1936[3-3-19361and the Government of India (Constitution of Orissa) Order, 1936[3-3-1936],paras 4, Gazette of India, 1936, Pt. I pp. 364 and 349 respectively.

Substituted,by the India (Provisional Constitution) Order, 1947, by the words--''theGovernor-General may by Order".

2.Substituted, by the words--

''the Governor-General may by Order.--

"before making any such Order the Governor-General shall ascertain the views of the Government".

3.Substituted, by the words--

''the Governor-General may by Order., as follows--

"(2)An Order made under thissub-section may contain such provisions asthe Governor-General may deem necessary or proper--

(a) for varying the representation in theDominion Legislature of any Governor's Province the boundaries of which arealtered by the Order)

(b) for varying the composition of the Legislature of any such Province;

(c) where a new Governor's Province is created, for constituting theLegis lature thereof;

(d) for apportionments and adjustments of andin respect of assets and liabilities; and

(e) for other supplemental, incidental and consequential matters".

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