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Government of India Act 1935

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LIST I. Federal Legislative List..

1.His Majesty's naval, military and air forces borne on the Indian establishment and any other armed force raised in India by the Crown, not being forces raised for employment in Indian States or military or armed police maintained by Provincial Governments; any armed forces which are not forces of His Majesty, but are attached to or operating with any of His Majesty's naval, military or air forces borne on the Indian establishment; central intelligence bureau; preventive detention in British India for reasons of State connected with defence, external affairs, or the discharge of the functions of the Crown in its relations with Indian States

2.Naval, military and air force works; local self-government in cantonment areas (not being cantonment areas of Indian State troops), the regulation of house accommodation in such areas, and, within British India, the delimitation of such areas.

3.External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to parts of His Majesty's dominions outside India.

4.Ecclesiastical affairs, including European cemeteries.

5.Currency, coinage and legal tender.

6.Public debt of the Federation.

7.Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication; Post Office Savings Bank.

8.Federal Public Services and Federal Public Service Commission.

9.Federal pensions, that is to say, pensions payable by the Federation or out of Federal revenues.

10.Works, lands and buildings vested in, or in the possession of, His Majesty for the purposes of the Federation (not being naval, military or air force works), but, as regards property situate in a Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides, and, as regards property in a Federated State held by virtue of any lease or agreement with that State, subject to the terms of that lease or agreement.

11.The Imperial Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial, and any similar institution controlled or financed by the Federation.

12.Federal agencies and institutes for the following purposes, that is to say, for research, for professional or technical training, or for the promotion of special studies.

13.The Benares Hindu University and the Aligarh Muslim University.

14.The Survey of India, the Geological, Botanical and Zoological Surveys of India; Federal meteorological organisations.

15.Ancient and historical monuments; archaeological sites and remains.

16.Census.

17.Admission into, and emigration and expulsion from, India, including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India, subjects of any Federated State, or British subjects domiciled in the United Kingdom; pilgrimages to places beyond India.

18.Port quarantine; seamen's and marine hospitals, and hospitals connected with port quarantine.

19.Import and export across customs frontiers as denned by the Federal Government.

20.Federal railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and service terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regulation of minor railways in respect of safety and the responsibility of the administrations of such railways as carriers of goods and passengers.

21.Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.

22.Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.

23.Fishing and fisheries beyond territorial waters.

24.Aircraft and air navigation; the provision of aerodromes ; regulation and organisation of air traffic and of aerodromes.

25.Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft.

26.Carriage of passengers and goods by sea or by air.

27.Copyright, inventions, designs, trademarks, and merchandise marks.

28.Cheques, bills of exchange, promissory notes and other like instruments.

29.Arms; firearms; ammunition.

30.Explosives.

31.Opium, so far as regards cultivation and manufacture, or sale for export.

32.Petroleum and other liquids and substances declared by Federal law to be dangerously inflammable, so far as regards possession, storage and transport.

33.Corporations, that is to say, the incorporation, regulation and winding-up of trading corporations, including banking, insurance and financial corporations, but not including corporations owned or controlled by a Federated State and carrying on business only within that State or co-operative societies, and of corporations, whether trading or not, with objects not confined to one unit.

34.Development of industries, where development under Federal control is declared by Federal law to be expedient in the public interest.

35.Regulation of labour and safety in mines and oilfields.

36.Regulation of mines and oilfields and mineral development to the extent to which such regulation and development under Federal control is declared by Federal law to be expedient in the public interest.

37.The law of insurance, except as respects insurance undertaken by a Federated State, and the regulation of the conduct of insurance business, except as respects business undertaken by a Federated State; Government insurance, except so far as undertaken by a Federated State, or, by virtue of any entry in the Provincial Legislative List or the Concurrent Legislative List, by a Province.

38.Banking, that is to say, the conduct of banking business by corporations other than corporations owned or controlled by a Federated State and carrying on business only within that State.

39.Extension of the powers and jurisdiction of members of a police force belonging to any part of British India to any area in another Governor's Province or Chief Commissioner's Province, but not so as to enable the police of one part to exercise powers and jurisdiction elsewhere without the consent of the Government of the Province or the Chief Commissioner, as the case may be; extension of the powers and jurisdiction of members of a police force belonging to any unit to railway areas outside that unit.

40.Elections to the Federal Legislature, subject to the provisions of this Act and of any Order in Council made thereunder.

41.The salaries of the Federal Ministers, of the President and Vice-President of the Council of State and of the Speaker and Deputy Speaker of the Federal Assembly; the salaries, allowances and privileges of the members of the Federal Legislature ; and, to such extent as is expressly authorised by Part II of this Act, the punishment of persons who refuse to give evidence or produce documents before Committees of the Legislature.

42.Offences against laws with respect to any of the matters in this list.

43.Inquiries and statistics for the purposes of any of the matters in this list.

44.Duties of customs, including export duties.

45.Duties of excise on tobacco and other goods manufactured or produced in India except—

(a)alcoholic liquors for human consumption;

(b)opium, Indian hemp and other narcotic drugs and narcotics; non-narcotic drugs;

(c)medicinal and toilet preparations containing alcohol, or any substance included in sub-paragraph (b) of this entry.

46.Corporation tax.

47.Salt.

48.State lotteries.

49.Naturalisation.

50.Migration within India from or into a Governor's Province or a Chief Commissioner's Province.

51.Establishment of standards of weight.

52.Ranchi European Mental Hospital.

53.Jurisdiction and powers of all courts, except the Federal Court, with respect to any of the matters in this list and, to such extent as is expressly authorised by Part IX of this Act, the enlargement of the appellate jurisdiction of the Federal Court, and the conferring thereon of supplemental powers.

54.Taxes on income other than agricultural income.

55.Taxes on the capital value of the assets, exclusive of agricultural land, of individuals and companies; taxes on the capital of companies.

56.Duties in respect of succession to property other than agricultural land.

57.The rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, proxies and receipts.

58.Terminal taxes on goods or passengers carried by railway or air; taxes on railway fares and freights.

59.Fees in respect of any of the matters in this list, but not including fees taken in any Court.

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