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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 50] NEW DELHI, FRIDAY, JANUARY 21, 1971/MAGHA 1, 1893

Separate paging la given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 21st January, 1072.

G.S.R. 49(E).—The following Proclamation by the President is published for

general information:

Whereas, by virtue of the provisions of the North Eastern areas (Re-organisation)-

Act, 1971 (81 of 1971) a new State of Tripura la formed on this the 21st day of.

January. 1972;

And whereas until such time as a general election la held for the purpose, there-

will be no Legislative Assembly for the said State;

And whereas, I, V. V. Girl, President of India, am satisfied that a situation has.

consequently arisen in which the Government of the said State cannot be carried

on in accordance with the provisions of the Constitution of India (hereinafter re-

ferred to as "the Constitution"):

Now, therefore, in exercise of the powers conferred by article 358 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 Government

of the State of Tripura 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 ex-

ercisable 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: —

151

(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 SLate;

(11) 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 Legis.ature of the State;

articles 163 and 164; so much ul clause (3) of article 166 as relates to the allocation among the Ministers of the business of the Government of the State,

articles 167 and 169; articles 174 to 181 (both inclusive); article 186; so much of clause (3) of article 187 as relates to consultation with the Speaker of the Legislative Assembly;

article 188; article 189; articles 193 to 196 (both inclusive;; artic e 198; clauses (3) and (4) of article 199; articles 200 and 201; so much of clause (3) of article 202 as relates to the salaries and allow- ances of the Speaker and the Deputy Speaker of the Legislative Assembly;

articles 208 to 211 (both inclusive); the proviso to clause (1) and the proviso to clause (3) of ditlele 213;

ana

SO much of clause (2) of article 323 as relates to the laying of the re- port with a memorandum before the Legislature of the State;

Provided that nothing herein shall affect the provisions of article 153, artlcies 155 to 159 (both inclusive), article 2J9 and article 301, and paiaftraphs 1 to 4 (both inclusive) of the Second Schedule, or prevent HIT President from ading under sub-c ause (i) of this cJause to such extent as he Ihinks fit through the Governor of the said State;

(iv) any ie£erence in the Constitution to Acts or laws of or made by the Legislature of the State shall be construed as Including a reference to ^cts or laws made, in exercise of the powers ol the Legislature of the State, by Parliament by virtue of this proclamation, or by the Resident or other authority referred to in sub-cJause (a) of clause (1) of article 357 of the Constitution and the provisions of the General Clauses Act, 1897 (10 of 1897), shall rpply for the interpretation of any such Act or law as they apply for the int?rpretation of a Central Act.

NEw DELHI;

The 21st Jaruarv, 1H72.

V. V. GTRI,

President.

[No. F. 38/1/72-Po] 1(A).] GOVIND NARAIN, Secy.

ORDER

New Delhi, the 21st January 1973

G.S.R. 50 (E).—The following Order by the President Is published lor general information:

In pursuance of sub-clause (i) of clause (c) of the Proclamation issued by nw on this the 21st day of January, 1972, under article 356 of the Constitution of India, I hereby direct that ail the functions of the Government of the State of Trliwr* and all the powers vested in, or exerclsable by the Governor of that State under the Constitution or under any Jaw 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, te exercisable also by the Governor of the said State.

V. V. GIRI.

NEW DELHI;

President The 21st January, 1972.

[No. F. 38/1/72-PolJCAW

GOVIND NAHAIN, Sery-

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGDR OF PUBLICATIONS, DELHI, 1 9 72