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Section 306 - Protection of Governor-general, Governor or Secretary of State in Government of India Act, 1935 [Repealed]

snapp 306 GOIA[ 1935 0 Notes

Protection of Governor-general, Governor or Secretary of State.

(1) No proceedings whatsoever shall lie in, arid as process whatsoever shall issue from, any court in India against the Governor-General,1against the Governor of a Province,2[or against the Secretary of State]., whether in a personal capacity or otherwise, and, except with the sanction of3[His Majesty in Council] no proceedings whatsoever, shall lie in any court in India against any person who has been the Governor-General,4the Governor of Province, or the Secretary of State in respect of anything done or omitted to be done by any of them during his term of office in performance or purported performance of the duties thereof.

Provided that nothing in this section shall be construed as restricting the right of any person to bring against the Federation,5a Province,6[or the Secretary of State] such proceedings as are mentioned in chapter III of Part VII of this Act.

(2) The provisions of the preceding sub-section shall apply in relation to His Majesty's Representative for the exercise of the functions the Crown in its relations with Indian States as they apply in relation to the Governor-General.

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1. The word 'or' inserted by the India (Provisional Constitution) Order, 1947.

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

3. Inserted, by the India (Provisional Constitution) Order, 1947., the words--

"His Majesty's Representative for the exercise of the functions of the Crown in its relations with India States".

4. Substituted, by the India (Provisional Constitution) Order, 1947., the word 'Governor-General'.

5. Inserted, by the India (Provisional Constitution) Order, 1947., the word 'or'

6. Substituted, by the words 'the Governor-General'.', by the words--

establishment of the Dominion".

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