Section 309 - Orders in Council in Government of India Act, 1935 [Repealed]
Orders in Council.
1 [309.Orders in Council
(1)Any power 2 conferred by this Act on His Mtjesty in Council shall beexercisable only by Order in Council, and subject as hereinafter provided, theSecretary of State shall lay before Parliament the draft of any Order which itis proposed to recommend His Majesty to make in Council under any piovision otthis Act, and no further proceedings shall be taken in relation thereto exceptin pursuance of an audress presented to His Majesty of both Houses of Parliamentpraying that the Order may be made either in the form of the draft, or with suchamendments as may have been agreed to by resolutions of both Houses:
Providedthat, if at any time when Parliament is dissolved or prorogued or when bothHouses of Parliament are adjourned for more than fourteen days, the Secretary ofState is of opinion that on account of urgency an Order in Council should bemade, under this Act forthwith, it shall not be necessary tor a draft of theOrder to be laid before Parliament, but theOrder shall cease to have effect at the expiration of twenty-eight daysfrom the date on which the Commons House first sits after the making of theOrder unless within that period resolutions approving the making of the Orderare passed by both Houses of Parliament.
(2)Subject to any express provision of this Act, His Majesty in Council may by asubsequent Order, made in accordance with the provisions) 01 the precedingsub-section, revoke or vary any Order previously made by him in Council underthis Act.
(3)Nothing in this section applies to any Order of His Majesty in Council made inconnection with any appeal to His Majesty in Council, or to any order of HisMajesty in Council sanctioning the taking of procced-ings against a person whohas been the Governor-General, His Majesty's Representative for the exercise ofthe functions of the Crown in its relations with Indian States, the Governor ofa Province or the Secretary of State.
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1.Omitted, by theIndia (Provisional Constitution)Order,1947..
2.For like power conferred on Governor-General, seethe India and Burma(Emergency Provisions) Act, 1940(3 and 4 Geo. 6,Ch. 33).