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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 137] NEW DELHI, TUESDAY, JULY 5,1966/ASADHA 14, 1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 5th July 1966

G.S.R. 1069.—The following Proclamation by the President is published for general information:—

Whereas I, Sarvepalli Radhakrishnan, President of India, have received a report from the Governor of the Stale of Punjab 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 pro- claim that I—

(a) assume to myself as President of India all functions of the Govern- ment of the said State and all powers vested in or excisable by the Governor of that State;

(b) declare that the powers of the Legislature of the said State shall he

exercisable by or under the authority of Parliament; and (c) make the following incidental and consequential provisions which appear to me to be necessary or desirable for giving effect to the objects of the Proclamation, namely:—

(i) in the exorcise 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; (509) 3 10 THE GAZETTE OI INulA tK IRAORD1NARY [PAKT II-SEC. 8 (i)J (ii) the operation of the following provisions of the Constitution in rela- tion to mat State is hereby suspended, namely:-- so much of tha pi aviso to article 3 as relates to the reference by the

Fi esidcnt to the Legislature of the State;

so much of clause (2; of article 151 as relates to the laying of tha repons beiure the L.egiiiamre of the Slate;

articles 163 and 164, clause (3) of article 166, article 167. so much of clause (I. oi article ltly as relates to me passing of a :csolution by the Legislative Assembly ot a State, clause 1 and suD-ciau^e (a) ot clause (2) of aitiLle i74, articles 175, 170 and 177, Cinusd icj oi article 17J and the first proviso thereto, article 181, clause (c) of article 133 and the proviso thereto, articles 1H5, 1H8, iby, 19a, 194 and 196 to 198 (.both inclusive), aiticles 200 and 2U1, aiticles 208 to 211 (both inclusive), the proviso to clause (1) and the proviso to clause (3) of article 213; 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;

(lii) any reference in the Constitution to the Governor shall in relation to the suid State be constiued as a reference to the President, and any reference therein to the Legislature ol 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 references in article 213 to the Governor and to the Legislature of the State or the Ilousti theieof, shall be construed as references to the Presi- dent and to Purliament respectively:

Provided that nothing herein shall affect the provisions of article 163.

articles 155 to 15& (both inclusive), article 299 and article 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 State shall be construed as including a leference to Acts or laws made in exercise of the powers of the Legislature of the 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 tho Punjab General Clauses Act, 1898 (Punjab Act 1 of 1898) and so much of the General Clauses Act, 1897 (10 of 1897) as applies to State Laws, shall have effect in relation to any such Act or law as if it were an Act of the Legislature of the State.

ORDER

The following Order made by the President Is published for general information :—

In pursuance of sub-clause (i) of clause (c) of the Prodamation issued on this the 5th day of July, 1G66, by the President under article 356 of the Constitution of India, the President is pleased to direct that all the functions of the Government of the Stafe of Punjab and all the power 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 Proclnmation, shall, subject to the superin- tendence, direction and control of the President, be exerclsable also by the Governor of the said Slate.

NEW DELHI;

S. flADHAKRISHNAN,

Tht 5th July, 1966.

President

LNo. ll/l/06-POLL.K(P).1L. P. SINGH, Secy. PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 66