Section 88 - Power of Governor to Promulgate Ordinances During Recess of Legislature in Government of India Act, 1935 [Repealed]
Power of Governor to Promulgate Ordinances During Recess of Legislature.
(1) If at any time when the Legislature of a Province is not in session the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:
1[Provided that the Governor--
(a) shall exercise his individual judgment as respects the promulgation of any ordinance under this section, if--
(i) a Bill containing the same provisions would under this Act have required his or the Governor-General's previous sanction to the introduction thereof into the Legislature or
(ii) an Act of the Provincial Legislature containing the same provisions would under this Act have been invalid unless having been reserved for the consideration of the Governor-General or for the signification of His Majesty's pleasure it had received the assent of the Governor-General or of His Majesty; and
(b) shall without instructions from the Governor-General acting in his discretion, promulgate any such ordinance if--
(i) a Bill containing the same provisions would under this Act have required the Governor-General's previous sanction for the introduction thereof into the Legislature; or
(ii) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the Governor-General; or
(iii) an Act of the Provincial Legislature containing the same provisions would under this Act have been invalid unless, having been reserved for the consideration of the Governor-General or for the signification of His Majesty's pleasure it had received the assent of the Governor-General or of His Majesty.]
(2) An ordinance promulgated under this section shall have the same force and effect as an Act of the Provincial Legislature assented to by the Governor but every such ordinance--
(a) shall be laid before the Provincial Legislature and shall ceases to operate at the expiration of six weeks from the reassembly oil the Legislature, or if a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council;
(b) 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 Provincial Legislature assented to by the Governor; and
(c) may be withdrawn at any time by the Governor.
(3) If and so far as an ordinance under this section makes any provision which would not be valid if enacted in an Act of the Provincial Legislature assented to by the Governor, it shall be void.
2[Provided that, for the purposes of the provisions of this Act relating to the effect of an Act of a Provincial Legislature which is repugnant to an Act of the Federal Legislature or an existing Indian Law with respect to a matter enumerated in the Concurrent Legislative List, an ordinance promulgated under this section in pursuance of instructions from the Governor-General acting in his discretion shall be deemed to be an Act of the Provincial Legislature which has been reserved for the consideration of the Governor-General and assented to by him].
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1. Substituted by the India and Burma (Miscellaneous Amendments) Act, 1940(3 & 4 Geo. 6, ch. 5) s. 4.
This Proviso, again, was substituted by the India (Provisional Constitution) Order, 1947, as follows--
"Provided that the Governor shall not, without instructions from theGovernor-General, promulgate any such Ordinance if an Act of the ProvincialLegislature containing the same provisions would under this Act have beeninvalid unless, having been reserved for the consideration of the Governor-General, it had received assent of the Governor-General."
2. Inserted, by the India (Provisional Constitution) Order, 1947.