¹ [42.Power of Governor-General to Promulgate Ordinances during recess of Legislature

(1)If at any time when the Federal Legislature is not in sessiontheGovernor-General is satisfied that circumstances exist which render it necessaryfor him to takeimmediate action, he may promulgate suchordinances as thecircumstances appear to him torequire:

Providedthat the Governor-General--

(a)shall exercise his individual judgment as respects the promulgation ofany ordinance under this section if a Bill containing the same provisions wouldunder this Act have required his previous sanction to the introduction thereofinto the Legislature; and

(b)shall not, without instructions from His Majesty, promulgate any suchordinance if he would have deemed it necessary to reserve a Bill containing thesame provisions for the signification of His Majesty's pleasure thereon.

(2)An ordinance promulgated under this section shall have the same force and effectas an Act of the Federal Legislature assented to by the Governor-General, butevery such ordinance--

(a)shall be laid before the Federal Legislature and shall cease tooperate atthe expiration of six weeks from the reassembly of theLegislature, or, if beforethe expiration of that period resolutions disapproving it are passed by bothChambers, upon the passingof the second of those resolutions:

(b)shall be subject to the provisions of this Act relating to the power ofHis Majesty to disallow Acts as if it were an Act of the Federal Legislatureassented to by the Governor-General; and

(c)may be withdrawn at any time by the Governor-General.

(3)If and so far as an ordinance under this section makes any provision which theFederal Legislature would not under this Act be competent to enact, it shall bevoid.

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1.For s. 42, the following was substituted, by Government of India(Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.--

"The Governor-General may, in cases of emergency, make and promulgateOrdinances for the peace and good government of the Dominion or any part thereof, and any Ordinance so made shall, for the space of not more than six monthsfrom its promulgation have the like force of law as an Act passedby the DominionLegislature) but the power of making Ordinances under thissection is subject tothe like restrictions as the power of the Dominion Legislature under this Act tomake laws; and any Ordinance made under this section may be controlled orsuperseded by any such Act."