PZ 3941/33 'Reforms: position of Aden, British Baluchistan, NWFP [North-West Frontier Province] and Department of External Affairs' [‎31v] (54/62)

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Proposals*
122. The consent of the Governor-General given m his discretion
will be required to the introduction in a Provincial Legidature of
legislation on the matters enumerated in the preceding paragrap ,
with the exception of legislation affecting currency or the Reserve
Bank (which will not be within the competence of a Provincial
Legislature at all), or which repeals, amends or is repugnant to a
Governor’s Act or Ordinance, or which affects religion or religious
rites and usages. The introduction in the Provincial Legislature of
legislation on these latter subjects will require the consent of the
Governor of the Province.
123. The giving of consent by the Governor-General or any
Governor to the introduction of a Bill will be without prejudice to
his power of withholding his assent to, or of reserving, the Bill
when passed; but an Act will not be invalid by reason only that
prior consent to its introduction was not given, provided that it was
duly assented to either by His Majesty, or by the Governor-General
or Governor, as the case may be.
124. The Federal Legislature and the Provincial Legislatures
will have no power to make laws subjecting any British subject, or
any subject of a State being a member of the Fedeiatiou (including
companies, partnerships or associations incorporated by or under
any Federal, Provincial or State law), in respect of taxation,^ the
holding of property, the carrying on of any profession, trade, business
or occupation, or‘the employment of any servants or agents, or in
respect of residence or travel within the boundaries of the Federation,
to any disability or discrimination based upon his religion, descent,
caste, colour or place of birth; but no law will be deemed to be
discriminatory for this purpose on the ground only that it prohibits
either absolutely or with exceptions the sale or mortgage of agricul
tural land in any area to any person not belonging to some class
recognised as being a class of persons engaged in, or connected with,
agriculture in that area, or which recognises the existence of some
right, privilege or disability attaching to the members of a comtounity
by virtue of some privilege, law or custom having the force of law'.
A Federal or Provincial law', however, which might otherwise be
void on the ground of its discriminatory character will be valid if
previously certified by the Governor-General or a Governor, as the
case may be, at his discretion, to be necessary in the interests of the
peace and tranquillity of the Federation or any part thereof or of
the Province.
125. The Federal Legislature and the Provincial Legislatures
will have no pow T er to make laws subjecting any British subject
domiciled in the Fnited Kingdom (including companies and partner
ships incorporated or constituted by or under the laws of the United
Kingdom) to any disability or discrimination in the exercise of certain
specified rights, if an Indian subject of His Majesty, or a company
incorporated by or under a Federal, Provincial or State law', as
the case may be, would not in the exercise in the United Kingdom
of the corresponding right be subject in the United Kingdom to any
disability or discrimination of the same or a similar character. The
rights in question are the right to enter, travel and reside in any
part of British India; to hold property of any kind; to carry on
any trade or business in, or with the inhabitants of, British India;
and to appoint and employ at discretion agents and servants for any
of the above purposes.
Provision will be made on the same lines for equal treatment
on a reciprocal basis of ships registered respectively in British India
and the United Kingdom.
126. An Act of the Federal or of a Provincial Legislature,
however, which, with a view to the encouragement of trade or
industry, authorises the payment of grants, bounties or subsidies
out of public funds to trading companies will not be held to fall
within the terms of the two preceding paragraphs by reason only
of the fact that it is limited to persons or companies resident or
incorporated in India, or that it imposes on companies not trading
in India before the passing of the Constitution Act as a condition