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Full text of "The Government Of India Act 1935"

A,D. 1955

PART X.
—cent

Protection
cf public
•servants
against
prosecution
and suits.

[Cfl. 42.]    Government of India Act, 1935.    [25 & 26 GEO. 5.]

employed about the affairs of the Federation,
the date of the establishment of the Fede-
ration;

references to persons employed in connection with
the functions of the Governor-General in
Council include references to persons employed
in connection with the affairs of any Chief
Commissioner's Province;

a person shall be deemed to have been employed
about the affairs of a Province if he was
employed about the affairs of the Province as
constituted at the date when the act complained
of occurred or is alleged to have occurred.

271,—(1) No Bill or amendment to abolish or
restrict the protection afforded to certain servants of the
Crown in India by section one hundred and ninety-seven
of the Indian Code of Criminal Procedure, or by sections
eighty to eighty-two of the Indian Code of Civil Proce-
dure , shall be introduced or moved in either Chamber of
the Federal Legislature without the previous sanction of
the Governor-General in his discretion, or in a Chamber
of a Provincial Legislature without the previous sanction
of the Governor in his discretion

(2) The powers conferred upon a Local Government
by the said section one hundred and ninety-seven with
respect to the sanctioning of prosecutions and the
determination of the court before which, the person by
whom and the manner in which, a public servant is to be
tried, shall be exercisable only—

(a)  in the case of a person employed in connection

with the affairs of the Federation, by the
Governor-General exercising his individual
judgment; and

(b)  in the case of a person employed in connection

with the affairs of a Province, by the Governor
of that Province exercising his individual
judgment:

Provided that nothing in this subsection shall be
construed as restricting the power of the Federal or a
Provincial Legislature to amend the said section by a
Bill or amendment introduced or moved with such
previous sanction as is mentioned in subsection (1) of
this section.                                                            '

168