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PART XII FINANCE, PROPERTY, CONTRACTS AND SUITS · CHAPTER II.— BORROWING

Article 299: Contracts

The Constitution of India

(1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor 1*** of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor 1*** by such persons and in such manner as he may direct or authorise.

(2) Neither the President nor the Governor 2*** shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.

Footnotes in the official text

  1. 1.The words "or the Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
  2. 2.The words "nor the Rajpramukh" omitted by s. 29 and Sch., ibid. (w.e.f. 1-11-1956).

Questions on this article

6 questions in 5 of our papers cite Article 299. Try these from the free papers:

  1. 1. An agreement expressed to be made by the Governor of a State is signed on the Government's side by an Executive Engineer. No general notification authorises Executive Engineers to execute such agreements, but a Secretary to the Government, acting for the Governor, had specifically authorised this Executive Engineer to execute this particular agreement. Applying State of Bihar v. Karam Chand Thapar & Bros. (1961), decided under section 175(3) of the Government of India Act, 1935, the counterpart of Article 299(1):

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