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310 lines
15 KiB
Plaintext
PART XIX
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MISCELLANEOUS
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361. Protection of President and Governors and Rajpramukhs.—(1)
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The President, or the Governor or Rajpramukh of a State, shall not be
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answerable to any court for the exercise and performance of the powers and
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duties of his office or for any act done or purporting to be done by him in the
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exercise and performance of those powers and duties:
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Provided that the conduct of the President may be brought under review
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by any court, tribunal or body appointed or designated by either House of
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Parliament for the investigation of a charge under article 61:
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Provided further that nothing in this clause shall be construed as
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restricting the right of any person to bring appropriate proceedings against the
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Government of India or the Government of a State.
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(2) No criminal proceedings whatsoever shall be instituted or continued
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against the President, or the Governor of a State, in any court during his term
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of
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office.
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(3) No process for the arrest or imprisonment of the President, or the
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Governor of a State, shall issue from any court during his term of office.
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(4) No civil proceedings in which relief is claimed against the President,
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or the Governor of a State, shall be instituted during his term of office in any
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court in respect of any act done or purporting to be done by him in his personal
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capacity, whether before or after he entered upon his office as President, or as
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Governor of such State, until the expiration of two months next after notice in
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writing has been delivered to the President or the Governor, as the case may be,
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or left at his office stating the nature of the proceedings, the cause of action
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therefor, the name, description and place of residence of the party by whom
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such proceedings are to be instituted and the relief which he claims.
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361A. Protection of publication of proceedings of Parliament and
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State Legislatures.—(1) No person shall be liable to any proceedings, civil or
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criminal, in any court in respect of the publication in a newspaper of a
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substantially true report of any proceedings of either House of Parliament or th
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e
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Legislative Assembly, or, as the case may be, either House of the Legislature,
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of a State, unless the publication is proved to have been made with malice:
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189
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190
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THE CONSTITUTION OF INDIA
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Provided that nothing in this clause shall apply to the publication of any
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report of the proceedings of a secret sitting of either House of Parliament or t
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he
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Legislative Assembly, or, as the case may be, either House of the Legislature,
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of a State.
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(2) Clause (1) shall apply in relation to reports or matters broadcast by
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means of wireless telegraphy as part of any programme or service provided by
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means of a broadcasting station as it applies in relation to reports or matters
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published in a newspaper.
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Explanation.—In this article, “newspaper” includes a news agency report
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containing material for publication in a newspaper.
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362. [Rights and privileges of Rulers of Indian States.] Rep. by the
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Constitution (Twenty-sixth Amendment) Act, 1971, s. 2.
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191
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THE CONSTITUTION OF INDIA
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363. Bar to interference by courts in disputes arising out of certain
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treaties, agreements, etc.—(1) Notwithstanding anything in this Constitution
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but subject to the provisions of article 143, neither the Supreme Court nor any
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other court shall have jurisdiction in any dispute arising out of any provision
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of
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a treaty, agreement, covenant, engagement, sanad or other similar instrument
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which was entered into or executed before the commencement of this
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Constitution by any Ruler of an Indian State and to which the Government of
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the Dominion of India or any of its predecessor Governments was a party and
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which has or has been continued in operation after such commencement, or in
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any dispute in respect of any right accruing under or any liability or obligatio
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n
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arising out of any of the provisions of this Constitution relating to any such
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treaty, agreement, covenant, engagement, sanad or other similar instrument.
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(2) In this article—
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(a) “Indian State” means any territory recognised before the
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commencement of this Constitution by His Majesty or the Government
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of the Dominion of India as being such a State; and
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(b) “Ruler” includes the Prince, Chief or other person recognised
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before such commencement by His Majesty or the Government of the
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Dominion of India as the Ruler of any Indian State.
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363A. Recognition granted to Rulers of Indian States to cease and
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privy purses to be abolished.—Notwithstanding anything in this Constitution
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or in any law for the time being in force—
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(a) the Prince, Chief or other person who, at any time before the
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commencement of the Constitution (Twenty-sixth Amendment) Act,
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1971, was recognised by the President as the Ruler of an Indian State or
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any person who, at any time before such commencement, was
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recognised by the President as the successor of such ruler shall, on and
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from such commencement, cease to be recognised as such Ruler or the
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successor of such Ruler;
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(b) on and from the commencement of the Constitution (Twentysixth Amendment) Act
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, 1971, privy purse is abolished and all rights,
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liabilities and obligations in respect of privy purse are extinguished and
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accordingly the Ruler or, as the case may be, the successor of such
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Ruler, referred to in clause (a) or any other person shall not be paid any
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sum as privy purse.
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192
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THE CONSTITUTION OF INDIA
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364. Special provisions as to major ports and aerodromes.—(1)
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Notwithstanding anything in this Constitution, the President may by public
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notification direct that as from such date as may be specified in the
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notification—
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(a) any law made by Parliament or by the Legislature of a State
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shall not apply to any major port or aerodrome or shall apply thereto
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subject to such exceptions or modifications as may be specified in the
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notification, or
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(b) any existing law shall cease to have effect in any major port or
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aerodrome except as respects things done or omitted to be done before
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the said date, or shall in its application to such port or aerodrome have
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effect subject to such exceptions or modifications as may be specified in
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the notification.
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(2) In this article—
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(a) “major port” means a port declared to be a major port by or
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under any law made by Parliament or any existing law and includes all
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areas for the time being included within the limits of such port;
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(b) “aerodrome” means aerodrome as defined for the purposes of
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the enactments relating to airways, aircraft and air navigation.
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365. Effect of failure to comply with, or to give effect to, directions
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given by the Union.—Where any State has failed to comply with, or to give
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effect to, any directions given in the exercise of the executive power of the Un
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ion
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under any of the provisions of this Constitution, it shall be lawful for the
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President to hold that a situation has arisen in which the Government of the Sta
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te
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cannot be carried on in accordance with the provisions of this Constitution.
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366. Definitions.—In this Constitution, unless the context otherwise
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requires, the following expressions have the meanings hereby respectively
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assigned to them, that is to say—
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(1) “agricultural income” means agricultural income as defined
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for the purposes of the enactments relating to Indian income-tax;
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(2) “an Anglo-Indian” means a person whose father or any of
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whose other male progenitors in the male line is or was of European
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descent but who is domiciled within the territory of India and is or was
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born within such territory of parents habitually resident therein and not
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established there for temporary purposes only;
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193
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THE CONSTITUTION OF INDIA
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(3) “article” means an article of this Constitution;
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(4) “borrow” includes the raising of money by the grant of
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annuities, and “loan” shall be construed accordingly;
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*
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*
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*
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*
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(5) “clause” means a clause of the article in which the expression
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occurs;
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(6) “corporation tax” means any tax on income, so far as that tax
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is payable by companies and is a tax in the case of which the following
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conditions are fulfilled:—
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(a) that it is not chargeable in respect of agricultural
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income;
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(b) that no deduction in respect of the tax paid by
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companies is, by any enactments which may apply to the tax,
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authorised to be made from dividends payable by the companies
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to individuals;
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(c) that no provision exists for taking the tax so paid into
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account in computing for the purposes of Indian income-tax the
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total income of individuals receiving such dividends, or in
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computing the Indian income-tax payable by, or refundable to,
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such individuals;
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(7) “corresponding Province”, “corresponding Indian State” or
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“corresponding State” means in cases of doubt such Province, Indian
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State or State as may be determined by the President to be the
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corresponding Province, the corresponding Indian State or the
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corresponding State, as the case may be, for the particular purpose in
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question;
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(8) “debt” includes any liability in respect of any obligation to
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repay capital sums by way of annuities and any liability under any
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guarantee, and “debt charges” shall be construed accordingly;
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(9) “estate duty” means a duty to be assessed on or by reference to
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the principal value, ascertained in accordance with such rules as may be
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prescribed by or under laws made by Parliament or the Legislature of a
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State relating to the duty, of all property passing upon death or deemed,
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under the provisions of the said laws, so to pass;
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194
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THE CONSTITUTION OF INDIA
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(10) “existing law” means any law, Ordinance, order, bye-law,
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rule or regulation passed or made before the commencement of this
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Constitution by any Legislature, authority or person having power to
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make such a law, Ordinance, order, bye-law, rule or regulation;
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(11) “Federal Court” means the Federal Court constituted under
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the Government of India Act, 1935;
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(12) “goods” includes all materials, commodities, and articles;
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(13) “guarantee” includes any obligation undertaken before the
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commencement of this Constitution to make payments in the event of the
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profits of an undertaking falling short of a specified amount;
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(14) “High Court” means any Court which is deemed for the
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purposes of this Constitution to be a High Court for any State and
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includes—
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(a) any Court in the territory of India constituted or
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reconstituted under this Constitution as a High Court, and
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(b) any other Court in the territory of India which may be
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declared by Parliament by law to be a High Court for all or any of
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the purposes of this Constitution;
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(15) “Indian State” means any territory which the Government of
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the Dominion of India recognised as such a State;
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(16) “Part” means a Part of this Constitution;
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(17) “pension” means a pension, whether contributory or not, of
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any kind whatsoever payable to or in respect of any person, and includes
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retired pay so payable; a gratuity so payable and any sum or sums so
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payable by way of the return, with or without interest thereon or any
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other addition thereto, of subscriptions to a provident fund;
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(18) “Proclamation of Emergency” means a Proclamation issued
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under clause (1) of article 352;
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(19) “public notification” means a notification in the Gazette of
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India, or, as the case may be, the Official Gazette of a State;
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195
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THE CONSTITUTION OF INDIA
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(20) “railway” does not include—
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(a) a tramway wholly within a municipal area, or
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(b) any other line of communication wholly situate in one State
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and declared by Parliament by law not to be a railway;
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*
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*
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*
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*
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(22) “Ruler” means the Prince, Chief or other person who, at any
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time before the commencement of the Constitution (Twenty-sixth
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Amendment) Act, 1971, was recognised by the President as the Ruler of
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an Indian State or any person who, at any time before such
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commencement, was recognised by the President as the successor of
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such Ruler;
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(23) “Schedule” means a Schedule to this Constitution;
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(24) “Scheduled Castes” means such castes, races or tribes or
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parts of or groups within such castes, races or tribes as are deemed under
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article 341 to be Scheduled Castes for the purposes of this Constitution;
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(25) “Scheduled Tribes” means such tribes or tribal communities
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or parts of or groups within such tribes or tribal communities as are
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deemed under article 342 to be Scheduled Tribes for the purposes of this
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Constitution;
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(26) “securities” includes stock;
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*
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*
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*
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*
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*
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(27) “sub-clause” means a sub-clause of the clause in which the
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expression occurs;
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(28) “taxation” includes the imposition of any tax or impost,
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whether general or local or special, and “tax” shall be construed
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accordingly;
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(29) “tax on income” includes a tax in the nature of an excess
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profits tax;
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(29A) “tax on the sale or purchase of goods” includes—
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(a) a tax on the transfer, otherwise than in pursuance of a
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contract, of property in any goods for cash, deferred payment or
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other valuable consideration;
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196
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THE CONSTITUTION OF INDIA
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(b) a tax on the transfer of property in goods (whether as
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goods or in some other form) involved in the execution of a
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works contract;
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(c) a tax on the delivery of goods on hire-purchase or any
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system of payment by instalments;
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(d) a tax on the transfer of the right to use any goods for
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any purpose (whether or not for a specified period) for cash,
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deferred payment or other valuable consideration;
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(e) a tax on the supply of goods by any unincorporated
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association or body of persons to a member thereof for cash,
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deferred payment or other valuable consideration;
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(f) a tax on the supply, by way of or as part of any service
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or in any other manner whatsoever, of goods, being food or any
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other article for human consumption or any drink (whether or not
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intoxicating), where such supply or service, is for cash, deferred
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payment or other valuable consideration,
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and such transfer, delivery or supply of any goods shall be deemed to be
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a sale of those goods by the person making the transfer, delivery or
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supply and a purchase of those goods by the person to whom such
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transfer, delivery or supply is made;
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(30) "Union territory" means any Union territory specified in the
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First Schedule and includes any other territory comprised within the
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territory of India but not specified in that Schedule.
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367. Interpretation.—(1) Unless the context otherwise requires, the
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General Clauses Act, 1897, shall, subject to any adaptations and modifications
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that may be made therein under article 372, apply for the interpretation of this
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Constitution as it applies for the interpretation of an Act of the Legislature o
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f
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the Dominion of India.
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(2) Any reference in this Constitution to Acts or laws of, or made by,
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Parliament, or to Acts or laws of, or made by, the Legislature of a State, shall
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be construed as including a reference to an Ordinance made by the President or,
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to an Ordinance made by a Governor, as the case may be.
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197
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THE CONSTITUTION OF INDIA
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(3) For the purposes of this Constitution “foreign State” means any State
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other than India:
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Provided that, subject to the provisions of any law made by Parliament,
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the President may by order declare any State not to be a foreign State for such
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purposes as may be specified in the order.
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