REGISTERED
The Gazette of Endia
No.15.666
Date 21.6,49
EXTRAORDINAR
PUBLISHED BY AUTHORYGOVT.
OF INDIA
NEW DELHI , MONDAY , OCTOBER 6 , 1947
GOVERNMENT OF INDIA
MINISTRY OF LAW
(Reforms)
NOTIFICATION
New Delhi , the 6th October 1947
No. G. G. O. 2 -The following Order made by the Goverцог- General is published for general information :
THE INDIA PROVISIONAL CONSTITUTION ( SECOND AMENDMENT ) ORDER , 1947 ,
WHEREAS in the exercise of the powers conferred by section 9 of the Indian Independence Act , 1947 , the Governor- General was pleased to make the India ( Provisional Constitution ) Order , 1947 (hereinafter referred to as the principal Order " ) ;
AND WHEREAS sub - section (5 ) of section 19 of the said Act pro- vides that any power conferred by that Act to make any order in- cludes power to revoke or vary any order previously made in the exercise of that power ;
AND WHEREAS sub- section ( 3 ) of section 9 of the said Act pro rides that any order made under that section may be made so as be retrospective to any date not earlier than the third day of Гале, 1947;
NOW , THEREFORE , in the exercise of the powers conferred on him as aforesaid and of all other powers enabling him in that behalf, the Governor - General is pleased to make the following Order :
1. ( 1 ) This Order may be cited as the India Provisional Consti- tution ( Second Amendment ) Order, 1947 .
(2) It shall be deemed to have effect from the fifteenth day of August, 1947.
( 1139 )
1140 THE GAZETTE OF INDIA EXTRAORDINARY , OCT . 6 , 1947
2. The Schedule to the principal Order shall be amended by inserting in the list of adaptations pertaining to the Government of India Act , 1935 ,
( a) before the entry relating to paragraph 20 of the Fifth Sche- dule to the said Act , the following entry :--
" To paragraph 19, add :----
' For the purpoчеs of this paragraph , a person shall be deemed to be a native of India or Pakistan or an Indian State if, and only if, he is a person domiciled in India, Pakistan or an Indian Stato and born of parents habitually resident in the territorios comprisod therein and not established there for temporary purposes only. " : and
( b ) after the ontry rolating to sections 312 to 320 of the said Act , the following entries :-
Section
Adaptations
19 In sub - section ( 2 ) , for " Govornor - Genoral " substituto " Prasi dent of the Dominion Legislature " .
22 To sub - section ( 4 ) , add the following : -
" Any 10forence in this Act to the President of the Dominion Legislaturo shall , except in sections 19 and 38 , be construed แล including a reference to any other person elocted by the Consti- tuent Assembly to preside over that Assembly when it functions as the Dominion Logislature under this Act "
49 In sub - section ( 1 ) , for Legislature " " Federal " substitute " Dominion
107 In the proviso to sub - sootion ( 2) , omit " either Chamber of "
137 In the proviso for Federal purposes " substitute " Dominion purposos ".
141 In sub - section ( 1 ) , omit " either ( hamber of " .
Logislature " 150 In sub - section ( 2 ) , for " Fedoral " substitute " Domimon
His Majosty " substitute " the Governor 166 In sub - sootion ( 1 ) , for General " .
176 In sub - so tion ( 1), for Legislature " Federal " substitute " Dominion 178 In sub - section ( 3) , for Legislature " Foderal " substitute " Dominion
220 In clause (c ) of sub - section ( 3 ) , omit " British "
225 For " Fedoral " substitute " Dominion " .
226 In sub - section ( 2) , for in a Chamber of the Federal or a Provin cial Legislaturo " substitute " in the Dominion Logislature or in a Chamber of a Provincial Legislature " .
242 In sub -section ( 1) , for said section " substitute " last preceding section " THE GAZETTE OF INDIA EXTRAORDINARY , OCT . 6 , 1947 1141
Seotion
Adaptation
296 In sub -section ( 1 ) , for " Federal or substitute " Dominion Legislature or of " .
299 In sub - section ( 2) , for " Federal " substitute " Dominion Legislature " .
304 Omit " by His Majesty "
In sub - section ( 2 ) , in the definition of " estate duty " , for " Federal " substitute " Dominion " .
MOUNTBATTEN OF BURMA , Governor-General .
K. V. K. SUNDARAM , Secretary
PUBLISHED BY THE MANAGER OF PED
TT TEF MANAGER , GOVERNMENT OF INDIA Page , New DELAL, INDIA