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Government of India Act 1935

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26(1)In the foregoing provisions of this Schedule the following expressions have the meanings hereby assigned to them, that is to say:—

  • " a European " means a person whose father or any of whose other male progenitors in the male line is or was of European descent and who is not a native of India;

  • " an Anglo-Indian " means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is a native of India;

  • " an Indian Christian " means a person who professes any form of the Christian religion and is not a European or an Anglo-Indian;

  • " the scheduled castes " means such castes, races or tribes or parts of or groups within castes, races or tribes, being castes, races, tribes, parts or groups which appear to His Majesty in Council to correspond to the classes of persons formerly known as " the depressed classes", as His Majesty in Council may specify; and

  • " prescribed " means prescribed by His Majesty in Council or, so far as regards any matter which under this Act the Federal Legislature or the Governor-General are competent to regulate, prescribed by an Act of that Legislature or by a rule made under the next succeeding paragraph.

(2)In this paragraph the expression " native of India " has the same meaning as it had for the purposes of section six of the [33 & 34 Vict. c. 3.] Government of India Act, 1870, and accordingly it includes any person born and domiciled within the dominions of His Majesty in India or Burma of parents habitually resident in India or Burma and not established there for temporary purposes only.

27In so far as provision with respect to any matter is not made by this Act or by His Majesty in Council or, after the constitution of the Federal Legislature, by Act of that Legislature (where the matter is one with respect to which that Legislature is competent to make laws), the Governor-General, exercising his individual judgment, may make rules for carrying into effect the foregoing provisions of this part of this Schedule and for securing the due constitution of the Council of State and the Federal Assembly and, in particular, but without prejudice to the generality of the foregoing words, with respect to—

(i)the notification of vacancies, including casual vacancies and the proceedings to be taken for filling vacancies;

(ii)the nomination of candidates;

(iii)the conduct of elections, including the application to elections of the principle of proportional representation by means of the single transferable vote, and the rules to regulate elections where certain of the seats to be filled are to be filled by persons to be chosen to serve for different terms, or are reserved for members of the scheduled castes;

(iv)the expenses of candidates at elections;

(v)corrupt practices and other offences at or in connection with elections;

(vi)the decision of doubts and disputes arising out of or in connection with the choice of persons to fill seats in the Council of State or the Federal Assembly; and

(vii)the manner in which rules are to be carried into effect.

TABLE OF SEATS.
Representatives of British India.

The Council of State.

(i) Allocation of seats.
1.2.3.4.5.6.7.
Province or Community.Total seats.General seats.Seats for Scheduled Castes.Sikh seats.Muhammadan seats.Women's seats.
Madras2014141
Bombay1610141
Bengal2081101
United Provinces2011171
Punjab163481
Bihar161014
Central Provinces and Berar8611
Assam532
North West Frontier Province514
Orissa541
Sind523
British Baluchistan11
Delhi11
Ajmer-Merwara11
Coorg11
Anglo-Indians1
Europeans7
Indian Christians2
Totals1507564496
(ii) Distribution of seats for purposes of triennial elections.
1.Number of seats to be filled originally for three years only.Number of seats to be filled originally for six years only.Number of seats to be filled originally for nine years.
2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.
Province.General Seats.Seats for Scheduled castes.Sikh Seats.Muhammadan Seats.Women's Seats.General Seats.Seats for Scheduled castes.Sikh Seats.Muhammadan Seats.Women's Seats.General Seats.Seats for Scheduled castes.Sikh Seats.Muhammadan Seats.Women's Seats.
Madras721712
Bombay521512
Bengal415451
United Provinces513164
Punjab2121
Bihar512521
Central Provinces and Berar611
Assam32
North West Frontier Province14
Orissa41
Sind23
British Baluchistan1
Delhi1
Aimer-Merwara1
Coorg1
Totals2222182281 2 12152252162
TABLE OF SEATS.
The Federal Assembly.

Representatives of British India.

1.2.3.4.5.6.7.8.9.10.11.12.13.
General Seats:—
Province.Total Seats.Total of general Seats.General seats reserved for Scheduled castes.Sikh Seats.Muhammadan Seats.Anglo-Indian Seats.European Seats.Indian Christian Seats.Seats for representatives of commerce and industry.Landholders Seats.Seats for representatives of labour.Women's Seats.
Madras3719481122112
Bombay3013261113122
Bengl37103171113121
United Provinces3719312111111
Punjab30616141111
Bihar30162911111
Central Provinces and Berar15923111
Assam10413111
North West Frontier Province.514
Orissa5411
Sind5131
British Baluchistan11
Delhi211
Ajmer-Merwara11
Coorg11
Non-Provincial Seats431
Totals25010519682488117109

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