777
REGISTERED No. L 3131
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 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 ) Ordor , 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 rovoke 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 tha any order made under that section may be made so as to be retrospectivo 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 )
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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 purposes 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 State and born of parents habitually resident in the territories comprised therein and not established there for temporary purposes only . " : and
( b ) after the entry relating to sections 312 to 320 of the said Act , the following entries :--
Section
Adaptations
19 In sub - section ( 2 ) , for " Governor - General " substitute " Presi- dent of the Dominion Legislature " .
22 To sub - section ( 4 ) , add the following :
" Any toference in this Act to the President of the Dominion Legislature shall , except in sections 19 and 38 , bo construed as including a reference to any other person elected by the Consti- tuent Assembly to preside over that Assembly when it functions as the Dominion Logislaturo under this Act "
49 In sub - section ( 1 ) , for " Federal " substitute " Dominion Legislature " .
107 In the proviso to sub - section ( 2 ) omit " either Chamber of " .
137 In the proviso , for " Federal purposes " substitute " Dominion purposes ".
141 In sub - section ( 1 ) , omit " either Chamber of " .
150 In sub - section ( 2 ) , Legislaturo " . for " Foderal " substitute * Dominion
166 In sub - section ( 1 ) , for His Majesty " substitute " the Governor Genoral " .
176 In sub - section ( 1 ) , for Legislature " Federal " substitute " Dominion
substituto " Dominio 178 In sub- section ( 3 ) , for " Foderal " Logislature "
220 In clause ( c ) of sub - section ( 3 ) , omit " British " .
225 For " Federal " substitute " Dominion " .
226 In sub - section ( 2 ) , for " in a Chamber of the Fedoral or a Provin- cial Legislature " substitute " in the Dominion Legislature or in a Chamber of a Provincial Legislature " .
242 In sub - section ( 4 ) , for " said section " substitute " last preceding soction " .
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THE GAZETTE OF INDIA EXTRAORDINARY , OCT . 6 , 1947 1141
Section
Adaptation
296 In sub - section ( 1 ) , for " Federal or " substitute " Dominion Legislature or of " .
299 In sub- section ( 2 ) , for " Federal " ĮLegislature " . substitute "Dominion 304 Omit " by His Majesty " .
311 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 PUBLICATIONS , DELHI , INDIA . PRINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI , INDIA.