The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-Section (i)
PUBLISHED BY AUTHORITY
No. 35] NEW DELHI, MONDAY, MARCH 13, 1967/PHALGUNA 22, 1888
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF HOME AFFAIRS
PROCLAMATION
New Delhi, the 13th March 1967
GSR. 345.—Whereas I, Sarvepalli Radhakrishnan, President of India, have received a report from the Governor of the State of Rajasthan and after consider- ing 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 accord- ance 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 proclaim that I—
(a) assume to myself as President of India all functions of the Government 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
(c) make the following incidental and consequential provisions which appear to me to be necessary or desirable for giving effect to the objects of this Proclamation, namely:- -
82 THE GAZETTE OF INDIA EXTRAORDINARY [PAUT 11-SEC. B Q\articles 163 and 164, clause (3) of article 166, articles 167 and 169, clause (1) and sub-clause (a) of clause (2) of article 174, articles 175 to 186 (both Inclusive), clause (3) of article 187 so far as it requires consultation with the Speaker of the Legislative Assembly articles 188 and 189, articles 193 to 198 (both inclusive), articles 200 and 201, so much of clause (3) of article 202 as relates to salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly, articles 205 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; (iii) any reference In the Constitution to the Governor shall in relation to the said State be construed as a reference to the President, and any reference therein to the Legislature or Legislative Assembly of the State 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 or Legislative Assembly of the State shall be construed as references to the President and to Parliament respectively:
Provided that nothing herein shall affect the provisions of article 163, articles 165 to 159 (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;
(lv) 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 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 the Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955) as in force In the State of Rajasthan 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.
S. RADHAKRISHNAN, NBW DELHI; The 13th March, 1967.
President.
ORDER
New Delhi, the 13th March, 1967
In pursuance of sub-clause (i) of clause (c) of the Proclamation issued on this the 13th day of March, 1967, 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 Rajasthan and all the powers vested In or exerclsable 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 Proclamation, shall, subject to the superintendence, direction and control of the President, be exercisable also by the Governor of the said State-
[No. 2/l/67-Poll.(R).]
NEW DELHI;
L. P. SINGH, Secy.
The 13th March, 1967.