REGISTERED No. D. 221 रजिस्ट्री सं ० डी० 221
भारतको राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग --लण्ड 3- उपलण्ड ( i )
PART II - Section 3-Sub - section ( i )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, रविवार, फरवरी 25 , 1968 /फाल्गुन 6 , 1889
सं० 36]
No. 36 ) NEW DELHI , SUNDAY , FEBRUARY 25 , 1968 / PHALGUNA 6 , 1889
इस भाग में भिन्न पृष्ठ संख्या की 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 compilatiou ,
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi , the 25th February 1968
G.S.R. 367. The following Proclamation by the Presidout is published for general information :
Whereas 1 , Zakir Husain , Fresident of India , have received a reportort from the Governor of thehe State of Uttar Pradesh and afterter 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,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:
( 83 ) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 84
(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 : -
( i ) in the exercise 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;
(ii ) the operation of the following provisions of the Constitution in relation to that 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 , 176 and 177 , clause ( c) of article 179 and the first proviso thereto , article 181, clause ( c) of article 183 andand the provisoviso thereto , articlesarticles 185,185 , 188 , 189 , 193 , 194 and 196 to 198 ( both inclusive ) , articles 200 andarticles 200 and 201, articles 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;
( 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 of 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 reference in article 213 to the Governor and to the Legislature of the State or the Houses thereof , shall be construed as references to the President and to Parliament or to the Houses thereof 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 prevent the President from acting under sub - clause ( 1 ) of this clause to such extent as he thinks fit through the Governor of the sald 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 refer- ence to Acts or laws made in exercise of the powers of the Legis- lature 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 United Pro- vinces General Clauses Act, 1904 ( U.P. Act No. I of 1904 ) , 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 .
NEW DELHI;
ZAKIR HUSAIN, President.
The 25th February , 1968 .
[No. 38/ 7/68 -Poll . I (A ) . ]
L. P. SINGH , Secy .
NEW DELHI ;
The 25th February , 1968 .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 9 (1)
85
ORDER
New Delhi , the 25th February 1968
G.S.R. 368 ,-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 25th day of February , 1968 , by me under article 356 of the Constitution of India , I hereby direct that all the functions of the Government of the State of Uttar Pradesh and all the powers vested in or exercisable by the Governor of that State under the Constitution or under any lawin force in that State, which have been assumed by the President by virtue of clause ( a ) of the said Procla- mation , shall , subject to the superintendence , direction and control of the President , be exercisable also by the Governor of the said State .
NEW DELHI;
ZAKIR HUSAIN , President .
The 25th February , 1968 .
[No. 38 / 7 / 68 -Poll, I ( A ) .
L. P. SINGH, Secy .
NEW DELHI ;
The 26th February , 1968 .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1988