REGISTERED No. L $181
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
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 Governor- General is published for general information :
THE INDIA CONSTITUTION ( SECOND PROVISIONAL 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- vides that any order made under that section may be made so as to be retrospective to any date not earlier than the third day of June, 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 insorting in the list of adaptations pertaining to the Government of India Act , 19:15 ,
( a) before the entry relating to paragraph 20 of the Fifth Sche- dule to the said Act , thefollowing entry : --
" To paragraph 19 , dd :---
' For the purposes of this paragraph , a person shall be doomed 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 residont in the territories comprised therein and not established thore for temporary purposes only . " : and
(b) after the entry rolating to sections 312 to 320 of the said Act , the following entries :
Section
Adaptations
19 In sub - section ( 2 ) , for " Governor - Genoral " substituto " Presi- dent of the Dominion Logislature " .
22 To sub - section ( 4 ) , add the following :
" Any reforonce in this Act to the President of the Dominion Legislaturo shall , oxcopt in sections 19 and 38 , be construod as including a reference to any other person olected by the Consti- tuent Assembly to preside over that Assombly when it functiona as the Dominion Logislature under this Act. "
49 In sub - section ( 1 ) , for " Foderal " substitute " Dominion Legislature " .
107 In the proviso to sub - section ( 2 ) , omit " either Chamber of " .
137 In the proviso , for " Fodoral purposes substituto " Dominiou ригровев " .
141 In sub - section ( 1 ) . omit " either Chamber of " .
150 In sub - sogtion ( 2 ) , for Legislature " . " Federal " substitute " Dominion
166 In sub - section ( 1 ) , for His Majesty " substitute the Governor (Genoral " .
176 In sub - section ( 1 ) , for Legislaturo " Fedoral " substitute " Dominion
substituto " Dominion 178 In sub - section ( 3 ) , for " Federal " Logislature ".
220 In clauso ( c ) of sub - section ( 3 ) , omit " British " .
225 For Federal " substituto Dominion " .
226 In sub - section ( 2 ) , for in a Chamber of the Fodoral or a Provin- cial Legislature " substitute " in the Dominion Legislature or in a Chamber of a Provincial Legislaturo " .
242 In sub - section ( 4 ) , for " said soction " substituto " last proceding section " .
THE GAZETTE OF INDIA EXTRAORDINARY , OCT . 6 , 1947 1141
Section
Adaptation
296 In sub - section ( 1 ) , for " Fedoral or " substituto " Dominion Legislature or of " .
299 In sub- section ( 2 ) , for " Fedoral " substitute " Dominion Legislature " .
304 Omit by His Majesty " .
31.1 In sub -section ( 2 ) , in the definition of " estate duty " , for " Fedoral " substitute " Dominion " .
MOUNTBATTEN OF BURMA , Governor-General .
K. V. K. SUNDARAM , Secretary.
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