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Section 43 - Power of Governor-general to Promulgate Ordinances at Any Time with Respect to Certain Subjects in Government of India Act, 1935 [Repealed]

snapp 43 GOIA[ 1935 0 Notes

Power of Governor-general to Promulgate Ordinances at Any Time with Respect to Certain Subjects.

1 [43. Power of Governor-General to Promulgate Ordinances at any Time with Respect to Certain Subjects

(1) If at any time the Governor-General is satisfied that circumstances exist which render it necessary for him to take immediate action for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or toexercise his, individual judgment, he may promulgate such ordinance as in hisopinion the circumstances of the case require.

(2) An ordinance promulgated under this section shall continue in operation for such period not exceeding six months as may be specified therein, but may be a subsequent ordinance be extended for a further period not exceeding six months.

(3) An ordinance promulgated under this section shall have the same force and effect as an Act of the Federal Legislature assented to by the Governor-General, but every such ordinance--

(a) shall be subject to the provisions of this Act relating to the power of His Majesty to disallow Acts as if it were an Act of the Federal Legislature assented to by the Governor-General;

(b) may be withdrawn at any time by the Governor-General; and

(c) if it is an ordinance extending a previous ordinance for a further period, shall be communicated forthwith to the Secretary of State and shall be laid by him before each House of Parliament.

(4) If and so far as an ordinance under this section makes any provision which the Federal Legislature would not under this Act be competent to enact, it shall be void:

(5) The functions of the Governor-General under this section shall be exercised by him in his discretion.

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1. Omitted, by Government of India (Commencement and Transitory Provisions) Order, 1936, paras. 3 and 11.

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