REGISTERED No. D. 221 रजिस्ट्री सं ० डी० 221
भारत को राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
1
:
भाग -खण्ड 3 -- उपखण्ड ( i )
PART II - Section 3-Sub - section ( 1 )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 57
नई दिल्ली, वृहस्पतिवार , मार्च 19, 1970 / फाल्गुन 28 , 1891
No. 57]
NEW DELHI , THURSDAY , MARCH 19 , 1970 / PHALGUNA 28 , 1891
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इस भाग में भिन्न पृष्ठ संख्या दी 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 filled as a separate compilation
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi , the 19th March 1970
G.S.R. 490.- The following Proclamation by the President is published for general information:
Whereas , I , V. V. Giri , 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 inin accordance with the provisions of the Constitution of India ( hereinafter referred to as " the Constitution" ) :
Now, therefore , in exercise of the powersers conferred by article 356 of the Con- stitution 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 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
(369) THE GAZETTE OF INDIA EXTRAORDINARY
[PART I- 370
(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 rela- tion to that State is hereby suspended , namely :-
so much of the proviso to article 3 as relates to the reference by the President of such Bill as is referred to therein , to the Legislature of the State ;
so much of clause ( 2 ) of article 151 as relates to the laying before the Legislature of the State of the report submitted to the Governor by the Comptroller and Auditor-General of India; articles 163 and 164 ;
so much of clause ( 3 ) of article 166 as relates to the allocation among the Ministers of the business of the Government of the State; article 167;
so much of clause ( i ) of article 169 as relates to the passing of a resolution by the Legislative Assembly of the State;
clause ( 1 ) of article 174 ; articles 175 , 176 and 177 ; clause ( c ) of article 179 and the first proviso thereto ; article 181 ; articles181 ; articles 188, 189, 193 , 194 , 196 and 198 ; 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 Presi- dent 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 pre- vent the President from acting under sub - clause ( 1 ) 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 Jaws 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 artcle 357 of the Constitution and the Bengal General Clauses Act , 1899 ( Bengal Act 1 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 Legislature of the State.
NEW DELHI ;
V. V. GIRI ,
President.
The 19th March , 1970 .
[No. 38 / 3 / 70- Pol.I ( A ) . ] THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 3 ( 1 ) ]
371
ORDER
New Delhi , the 19th March 1970
G.S.R. 491. The following Order by the President is published for general information :
In pursuance of sub -clause ( 1 ) of clause ( c) of the Proclamation issued on this the 19th day of March 1970 , by me under article 356 of the Constitution of India , I hereby direct that all the functions 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 anyany law in force in that State , which have been assumed by the President of India by virtue of clause ( a) of the said Procla- mation , shall subject to the superintendence , direction and control of the President of India, be exercisable also by the Governor of the sald State .
NEW DELHI ;
V. V. GIRI , President, The 19th March , 1970 .
[No. 38 / 3 / 70 -Pol.1 ( A ) . ]
L. P. SINGH , Secy .
NEW DELHI ;
The 19th March , 1970 .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1970