REGISTERED No. D. 221 रजिस्ट्री सं ० डी० 221
भारतको राजपत्र The Gazette of India
श्रसाधारण
EXTRAORDINARY
भाग -लण्ड 3 -- उपखण्ड ( i )
PART II- Section 3- Sub- section ( 1 )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 30]
नई दिल्ली, मंगलवार, फरवरी 20 , 1968 / फ हम्नः 1 , 1889
No. 30]
NEW DELHI , TUESDAY , FEBRUARY 20 , 10 ( FFPICUNA , 1889
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । 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 20th February 1968
G.S.R. 322. Whereas I , Zakir Husain , President of India , have received a report from the Governor of the State of West Bengal 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 Consti- tution 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 Gov- ernor 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 : -
( 1) in the exercise of the functions and powers assumed to myself by virtue of clause ( a) of this Proclamation as aforesaid , it shall be
(69) 70
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 11-
lawful for me as President of Indiato act to such extent as I think fit through the Governor of the said State ;
( ii ) the operation of the following provisions of the Constitution in relation to the said State is hereby suspended , namely :-
so much of the proviso to article 3 as relates to the reference by the President to the Legislature of the State ;
articles 163 and 164 , clause ( 3 ) of article 166 , article 167 , so much of clause ( 1 ) of article 169 as relates to the passing of a resolution by the Legislative Assembly of a State , clause ( 1 ) and sub - clause (a) of clause ( 2) of article 174 , articles 175 to 178 ( both inclusive ) , clauses ( b ) and ( c ) of article 179 and the two provisos to that article , articles 180 , 181 and 182 , clause ( c ) of article 183 and the proviso thereto , articles 184 and 185 , so much of article 186 as relates to salaries and allowances of the Speaker and the Deputy Speaker , clause ( 3 ) of article 187 so far as it requires consultation with the Speaker of the Legislative Assembly , articles 188 and 189 , articles 193 and 194, so much of article 195 as relates to the sala- ries and allowances of members of the Legislative Assembly , articles 196 to 198 ( both inclusive ) , clauses ( 3 ) and ( 4) of article 199 , 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 208 to 211 ( both in- clusive ) , 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 ) the Legislative Assembly of the sald State is hereby dissolved ;
( iv ) 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 nowers thereof , be construed as a reference to Parliament , and , in parti- cular , the references in article 213 to the Governor and to the Legis- lature of the State or to the Houses thereof shall be construed as references to the President and to Parliament or to the Houses there- of respectively :
Provided that nothing herein shall affect the provisions of article 153 , articles 155 to 159 ( both inclusive ) , article 299 and article 361 and paragraphs 1 to 4 ( both inclusive ) of the Second Schedule or pre- vent the President from acting under sub- ciause ( 1 ) of this clause to such extent as he thinks fit through the Governor of the said State;
(v ) 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 Legisiature 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 Bengal General Clauses Act , 1899 ( Bengal Act I of 1899 ) as in force in the State of West Bengal 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 Legis- Jature of the State .
[No. 38 /5 /68 - Poll - I ( A ) . ]
ZAKIR HUSAIN , President ,
NEW DELHI:
The 20th February . 1968 .
L. P. SINGH , Secy .
NEW DELHI:
The 20th February , 1968 .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 3 ( i ) ]
71
ORDER
New Delhi , the 20th February 1968
G.S.R. 323. In pursuance of sub - clause ( i ) of clause ( c ) of the Proclamation issued on this the 20thOth day of February ,February, 1968, byby me under article 356356 of the Constitution of India , I hereby direct that all the functionsactions of the Government of the State of West Bengal and all the powers 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 of India 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. 38 / 5/68 -Poll - I ( A) . ]
ZAKIR HUSAIN , President .
NEW DELHI:
The 20th February , 1968.
L. P. SINGH , Secy .
NEW DELHI:
The 20th February , 1968 .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1968