¹ [44.Power of Governor-General in Certain Circumstances to Enact Acts

(1)If at any time it appears to the Governor-General that, for the purpose ofenabling him satisfactorily to discharge his functions in so far as he is byor under this Act required in the exercise thereof to act in his discretion orto exercise his individual judgment, it is essential that provision should bemade by legislation, he may by message to both of the Legislature explain thecircumstances which in his opinion render legislation essential, and either--

(a)enact forthwith, as a Governor-General's Act, a Bill containing suchprovisions as he considers necessary; or

(b)attach to his message a draft of the Bill which he considers necessary.

(2)Where the Governor-General takes such action as is mentioned in: paragraph (6)of the preceding sub-section, he may at any time after the expiration of onemonth enact, as a Governor-General's Act, the Bill proposed by him to theChambers either in the form of the draft communicated to them or with suchamendments as he deems necessary, but before so doing he shall consider anyaddress which may have been presented to him within the said period by eitherChamber with reference to the Bill or to amendments suggested to be madetherein.

(3)A Governor-General's Act shall have the same force and effect, and shall besubject to disallowance in the same manner, as an Act of the Federal Legislatureassented to by the Governor-General and, if and in so far as aGovernor-General's Act makes any provision which the Federal legislature wouldnot under this Act be competent to enact, it shall be void.

(4)Every Governor-General's Act shall be communicated forth with to the Secretaryof State and shall be laid by him before each House of Parliament.

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

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