THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(i)]

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 8th March, 2002

G.S.R. 178(E).—The following Proclamation issued by the President of

India is published for general information:-

Whereas, I, K.R.Narayanan, President of India, have received a

report from the Governor of the State of Uttar Pradesh

and after

considering the report and other information received by me, I am satisfied

that a situation has arisen in which the Government of that State cannot be

carried on in accordance with the provisions of the Constitution of India

(hereinafter referred to as the Constitution);

Now, therefore, in exercise of the powers conferred by article 356 of

the Constitution and of all other powers enabling me in that behalf, I

hereby proclaim that I -

(a) assume to myself as President of India all functions of

the Government of the said State and all powers vested in

or exercisable by the Governor of that State;

(b) declare that the powers of the Legislature of the said

State shall be exercisable by or under the authority of

Parliament; and

incidental and consequential

provisions which appear to me to be necessary or

desirable for giving effect to the objects of this

Proclamation, namely:-

(i)

in the exercise of the functions and powers

assumed to myself by virtue of clause (a) of this

Proclamation as aforesaid, it shall be lawful for me

as President of India to act to such extent as I think

fit through the Governor of the said State;

(ii) the operation of the following provisions of the

Constitution in relation to that State is hereby

suspended, namely:-

so much of the proviso to article 3 as relates to the

reference by the President to the Legislature of the

State;

__5

so much of clause (2) of article 151 as relates to

the laying before the Legislature of the State of the

report

submitted to the Governor by the

Comptroller and Auditor-General of India;

articles 163 and 164;

so much of clause (3 ) of article 166 as relates to

the allocation among the Ministers of the business

of the Government of the State;

article 167;

so much of clause (1) of article 169 as relates to

the passing of a resolution by the Legislative

Assembly of a State;

clause (1) of article 174;

articles 175, 176 and 177;

clause (c) of article 179 and the first proviso

thereto;

article 181;

clause (c) of article 183 and the proviso thereto;

articles 185, 188, 189, 193, 194 and 196 to 198

(both inclusive);

clauses (3) and (4) of article 199;

articles 208 to 211 (both inclusive);

the proviso to clause (1), and the proviso to clause

(3), ofarticle213;and

so much of clause (2) of article 323 as

relates to the laying of the report with a

memorandum before the Legislature of the State;

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(i)]

(iii)

any reference in the Constitution to the

Governor shall, in relation to the said State, be

construed as a reference to the President, and any

reference therein to the Legislature of the State,

or the Houses thereof, shall, in so far as it relates

to the functions and powers thereof, be construed

unless the context otherwise requires, as a

reference to Parliament, and, in particular, the

reference in article 213 to the Governor and to

the Legislature of the State or the Houses thereof,

shall be construed as references to the President

and to Parliament or the Houses thereof

respectively:

Provided that nothing herein shall affect

the provisions of article 153, articles 155 to 159

(both inclusive), articles

299 and 361 and

paragraphs 1 to 4 (both inclusive) of the Second

Schedule, or prevent the President from acting

under sub-clause (i) of this clause to such extent

as he thinks fit through the Governor of the said

State;

(iv)

any reference in the Constitution to Acts or

laws of or made by the Legislature of the said

State shall be construed as including a reference to

Acts or laws made, in exercise of the powers of the

Legislature of the said State, by Parliament by

virtue of this Proclamation, or by the President or

other authority referred to in sub-clause (a) of

clause (1) of article 357 of the Constitution, and

the United Provinces General Clauses Act, 1904

(U.P. Act No. 1 of 1904), and so much of the

General Clauses Act, 1897 (10 of 1897), as applies

to State laws, shall have effect in relation to any

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC, 3(i)l

ORDER

New Delhi, the 8th March, 2002

G.S.R. 179(E).— The following Order made by the President is published

for general information:-

In pursuance of sub-clause (i) of clause (c) of the Proclamation

issued on this the S^

day of March, 2002, by me under article 356 of

the Constitution of India, I hereby direct that all the functions of the

Government of the State of Uttar Pradesh and all the powers vested in or

exercisable by the Governor of that State under the Constitution or under

any law in force in that State, which have been assumed by the President

by virtue of clause (a) of the said Proclamation, shall, subject to the

superintendence, direction and control of the President, be exercisable also

by the Governor of the said State.

New Delhi,

K. R. NARAYANAN,

The 8thMarch, 2002

PRESIDENT.

[F. No. V/11013/3/2002-CSR]

KAMALPANDE,Secy.

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