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[Repealed] Section 5 - Proclamation of Federation of India in Government of India Act, 1935 [Repealed]

snapp 5 GOIA[ 1935 0 Notes

Proclamation of Federation of India.

1 [5. Proclamation of Federation ofIndia

(1) It shall be lawful for His Majesty, if anaddress in that behalf has been Proclamation of presented to him by each Houseof Parliament and if the condition hereinafter mentioned is satisfied, todeclare by Proclamation that as from the day therein appointed there shall beunited in a Federation under the Crown, by the name of the Federation ofIndia,--

(a)the Provinces hereinafter called Governors' Provinces; and

(b)the Indian States which have acceded or may thereafter accede to the Federation;

andin the Federation so established there shall be included the Provinceshereinafter called Chief Commissioners' Provinces.

(2)The condition referred to is that States--

(a)the Rulers whereof will, in accordance with the provisions contained inPart II of the First Schedule to this Act, be entitled to choose not less thanfifty-two members of the Council of State; and

(b)the aggregate population whereof, as ascertained in accordance with thesaid provisions, amounts to at least one-half of the total population of theStates as so ascertained,

haveacceded to the Federation.

___________________________

1.S. 5 was substituted by ibid., as follows--

"5.Establishment of the Dominion.--(1) The Dominion of India established by theIndian Independence Act, 1947, shall as from the fifteenth day of August, 1947,be a Union comprising--

(a)the Provinces hereinafter called Governors' Provinces,

(b)the Provinces hereinafter called Chief Commissioners' Provinces,

(c)the Indian States acceding to the Dominion in the manner hereinafter provided,and

(d)any other areas that may with the consent of the Dominion be included in theDominion.

(2)The said Dominion of India is hereafter in this Act referred to as "theDominion" and the said fifteenth day of August is hereafter in this Actreferred to as "the date of the establishment of the Dominion."

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