India and Burma (Temporary and Miscellaneous Provisions) Act 1942
| Jurisdiction | UK Non-devolved |
| Citation | 1942 c. 39 |
| Year | 1942 |
India and Burma (Temporary and Miscellaneous Provisions) Act, 1942
(5 & 6 Geo. 6.) CHAPTER 39.
An Act to make temporary amendments as respects the government of India, to make certain other amendments in the Government of India Act, 1935, and to make temporary provision as to certain matters connected with Burma.
[22nd October 1942]
Be 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 Extension of proclamations under s. 93 of Government of India Act, 1935.
1. Notwithstanding anything in the proviso to subsection (3) of section ninety-three of the Government of India Act, 1935, a proclamation under that section made during the war period shall not cease to be in force by reason only that it has been in force for three years, and any such proclamation which would, but for this section, cease to be in force for that reason shall, if the resolutions in that behalf required by the said proviso are from time to time passed by both Houses of Parliament, continue in force, unless revoked, till the expiration of twelve months after the end of the war period.
2 Appeals to Privy Council from emergency courts.
(1) No application made after the passing of this Act for special leave to appeal to His Majesty in Council from any sentence passed in India during the war period by an emergency court shall be entertained if the sentence of the court has been reviewed and confirmed by a High Court or by a person holding office as a judge of a High Court.
(2) In this section, the expression ‘emergency court’ means a court declared by an ordinance to have been constituted to meet conditions of grave emergency and to be a court to which it is expedient that this section shall for the time being apply; and the expression ‘ordinance’ means an ordinance under section seventy-two of the Government of India Act, as set out in the Ninth Schedule to the Government of India Act, 1935.
(3) Section four of the India and Burma (Emergency Provisions) Act, 1940 (which requires prior reference to be made to the Secretary of State in certain cases) shall apply to the making of ordinances for the purposes of this section as it applies to the making of ordinances by virtue of that Act.
3 Amendment of Ninth Schedule of Government of India Act, 1935.
(1) At the end of subsection (1) of section sixty-three E of the Ninth Schedule to the Government of India Act, 1935, there shall be added the following proviso—
‘Provided that an Act of the Indian Legislature may declare any office in the service of the Crown in India to be an office the holding of which does not disqualify the holder thereof for election as, or continuance as, a member of either chamber of the Indian Legislature, and any such Act may be made to have effect from any date before the passing thereof, not earlier than the third day of September, nineteen hundred and thirty-nine.’
(2) In subsection (1) of section three hundred and seventeen of the said Act the...
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