India and Burma (Emergency Provisions) Act 1940
| Jurisdiction | UK Non-devolved |
India and Burma (Emergency Provisions) Act, 1940
(3 & 4 Geo. 6.) CHAPTER 33.
An Act to make emergency provision with respect to the government of India and Burma.
[27th June 1940]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Provisions as to India.
(1) Any power of appointment to, or removal from, any office in India (including any power as to appointments to act temporarily in an office) being a power which, apart from the provisions of this section, would be exercisable by His Majesty, shall, during the period specified in section three of this Act, be exercisable also by the Governor-General:
Provided that the foregoing provisions of this subsection shall not apply in relation to the office of Governor-General or the office of His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States, but section ninety of the Government of India Act (which, as set out in the Ninth Schedule to the Government of India Act, 1935 , provides for the temporary exercise of the powers of the Governor-General in the event of a vacancy in that office) shall apply in relation to any period during which the Governor-General is for any reason unable to perform the duties of his office as it applies in relation to the period mentioned in subsection (1) of the said section ninety.
(2) Any provision which, under the Government of India Act, 1935, could be made—
(a ) by an Order in Council made in accordance with the provisions of subsection (1) of section three hundred and nine of that Act; or
(b ) by rules made by, or with the sanction of, the Secretary of State,
may, during the period specified in section three of this Act, be made also by the Governor-General by notification in the Gazette of India; and any notification made under this subsection may be varied or revoked by a subsequent notification made thereunder or in any other manner in which such an Order in Council, or, as the case may be, such rules, could be varied or revoked.
(3) Section seventy-two of the Government of India Act (which, as set out in the Ninth Schedule to the Government of India Act, 1935, confers on the Governor-General power to make ordinances in cases of emergency) shall, as respects ordinances made during the period specified in section three of this Act, have effect as if the words ‘for the space of not more than six months from its promulgation’ were omitted; and, notwithstanding the provision in the said section seventy-two that the power of making ordinances thereunder is subject to the like restrictions as the power of the Indian Legislature to make laws—
(a ) ordinances...
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