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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PARTII — Section 1

PUBLISHED BY AUTHORITY

No. 21] NEW DELHI, WEDNESDAY, MAY 28, 1969/JYAISTHA 7, 1891

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

MINISTRY OF LAW (Legislative Department) New Delhi, the 28th May, 1969/Jyaistha 7, 1891 (Saka)

The following Act of Parliament received the assent of the Vice- President acting as President on the 28th May, 1969 and is hereby pub- lished for general information:—

THE PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969

No. 16 OF 1969

[28th May, 1969]

An Act to provide for the discharge of the functions of the President in certain contingencies.

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows: —

1. This Act may be called the President (Discharge of Functions) Act, 1969.

Short title.

Defini- tions.

2. In this Act, "President", "Vice-President" and "Second Schedule" shall mean the President of India, the Vice-President of India and the Second Schedule to the Constitution respectively.

3. (1) In the event of the occurrence of vacancies in the offices of both the President and the Vice-President, by reason in each case of death, resignation or removal, or otherwise, the Chief Justice of India or, in his absence, the seniormost Judge of the Supreme Court of India available shall discharge the functions of the President until a new Discharge of Presi- dent's functions in certain contin- gencies. (129) I3o THE GAZETTE OF INDIA EXTRAORDINARY [PART II SEC. 1]

President elected in accordance with the provisions of the Constitution to fill the vacancy in the office of the President enters upon his office or a new Vice-President so elected begins to act as President under article 65 of the Constitution, whichever is earlier.

(2) When the Vice-president, while discharging the functions of the President, dies, resigns or is removed or otherwise ceases to hold office, the Chief Justice of India or, in his absence, the seniormost Judge re- ferred to in sub-section (1) shall discharge the said functions until the President resumes his duties or a new Vice-President is elected as aforesaid, whichever is earlier,

(3) When the Vice-President,—

(a) while acting as President, or

(b) while discharging the functions of the President,

is unable to discharge the functions of the PresMent owing to absence, illness or any other cause, the Chief Justice of India or, in his absence, the seniormost Judge referred to in sub-section (1) shall discharge the said functions—

(i) in the case referred to in clause (a), until a new Presi- dent elected as aforesaid enters upon his office or until the Vice- President acting as President resumes his duties, whichever is earlier;

(n) in the case referred to in clause (b), until the President resumes his duties, or the Vice-President resumes his duties, which- ever is earlier.

(4) The person discharging the functions of the President under this section shall, during, and in respect of, the period while he is so discharg- ing the said functions, have all the powers and immunities of the Presi- dent and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf i<= so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

N. D. P. NAMBOODIRIPAD, Joint Secy, to the Govt. of India.

PRINTED IN INDIA BY THE GENKIAL MANAGER. GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1969