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 pavingisgiven to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF HOME AFFAIRS NOTIFICATION
New Delhi 5th July 1966
G . S . R. 1 0 6 9 . — T he f o l l o w i ng Prociancation by p r e s i d e nt ispublishedfor
general information:—
Whereas I, Sarvapalli Rahakrishnan, PresidentofIndia, have received a report from the Governor of the State of Punjab and after considering the report and other information received by me, I am satisfied that a situation has atisen 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 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 (e) make the following incidental and consequential provisions which appear to me to be necessary or desirable for giving effect to the objects of that. Proclamation, namely:—
j 10 THLE GAZETTE OX 1ISLHAfcA1RAORDINARY [PART USBC. S (ii) the operation of the following provisions of the Constitution in rela- tion to that State is hereby suspended, namely:— so much of the proviso to article 3 as relates to the reference by thePresident to the Legislature of the State;
so much of clause (2) of article 151 as relates to the laying of ths reports beiore the Legislature of the State;
articles 163 and 164, clause (3) of article 166, article 167, SQ much of clause u; ol article lt)!> as relates to ina passing uf a .-esolution by the Legislative Assembly of a State, cjause 1 and sub-wau^e la) oi cmu.->e Cl) of article i74, articles 175, 17(i and 177, cihus^d i.e; oi article 17j and the first proviso tnereto, article 181, clause (c) of article 133 and the proviso thereto, articles ia5, JUS, iti9, 19J, 194 and 1U6 to 198 (both inclusive), articles 200 and 201, aiticles 208 to 211 (both inclusive), the proviso to clause (1) and the proviso to clause (3) of article 213; and 30 much of clause (2) of article 323 as relates to the laying of the report with a memorandum before the Legislature of the State;
(iii) any reference in the Constitution to the Governor shall in relation to the suid State be construed as a reference to the President, find any reference therein to the Legislature of the State or the Housesi thereof shall, in so far as it relates to the functions and powers thereoi, 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 Houses thereof, shall be construed as references to the Presi- dent and to Parliament respectively:
Provided that nothing herein shall affect the provisions of article 153, 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 reference to Acts or laws made in exercise oi the powers of the Legislature of the State, by Parliament by virtue of this Proclamation, or by the President or other authoB*,y referred to In sub-clause (a) of clause (1) of articlej^*, of the Constitution and the Punjab General Clauses Act, 18^^fcPunjab Act 1 of 1898) and so much of the General Clauses J ^ ^ M 97 (10 of 1897) as applies to State Laws, snail have trfTe^^^Wnlation to any such Act or law as if it were an Aot of che LS^PRture 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 Proclamation issued on this the 5th day of July, 1E36, 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 State of Punjab and all the power vested In or- 3xercisable 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 01 clause (a) of the said Froclnmation, shal1, subject to the superin- tendence, direction and control of the President, be exercisable also by the Governor of the said State.
NEW DELHI;
S, RADHAKRISHNAN,
The 5th July. 1966.
President.