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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

PART II—Section 3—Sub-section (i)

No. 31] NEW DELHI, FRIDAY, JANUARY 21, 1972/MAGHA, 1,1893

Separate paging is 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, 1972

G.S.R. 51(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 Manipur is formed on this the 21st day of January, 1972;

And whereas until such time as a general election is held for the purpose, there will be no Legislative Assembly for the said State;

And whereas, I, V. V. Giri, President of India, am satisfied that a situation has consequently arisen in which the Government of the said State cannot toe 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 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 Government of the State of Manipur and all powers vested in or exerciseable by the Governor of that State;

155

(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 eilect to the objects of this Proclamation, namely : —

(1) in the exercise of the functions and powera assumed to myself by vlrtua of clause (a) of this Proclamation as aforesaid, it shall be lawful far me as President of India to act to such extent as I think fit through the Governor of the said State;

(il) the operation of the following proyislons of the Constitution in relation to that State is hereby suspended, nflmcj: —

30 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;

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;

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);

article 198;

clauses (3) and (4) of article 199;

articles 200 and 201;

so much of clause (3) of article 202 aa 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 article 213;

and

so much of clause (2) of artic'e 323 as relates to the laying of the report with a memorandum before the Legislature of the State;

(ill) 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 references hi article 213 to the Governor and to the Legislature of the State or the House thereof shall be construed as references to the President and to Parliament or 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 (i) of this clause to such extent as he thinks fit through the Governor of the said State;

(lv) 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 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 cUu"o (1) of article 357 of the Constitution and the provisions of the General Clauses Act, 1887 (10 of 1897), shall apply lor the interpretation at any such Act or Jaw as they apply tor the interpretation of a Central Act.

NBW DELHI,

V. V. GIRI,

The 21st Janucny, 1972

President. [No. F. 38/l/72-Pol.I(A).l

GOVIND NARAIN, Secy.

ORDER

New Delhi, the 21st January 1912

G.S.R. 51 (E).—The following Proclamation by the President is published for

general information:

In pursuance of sub-iuause (1) of clause (c) of the Proclamation issued by me on this the 21bt day of January, 1972, under article 356 of the Constitution of India, I hereby direct that all the functions of the Government of the State of Manipur and all the powers vested in, or exercisable by the Governpj- of that State under the Constitution or under any law^ 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, be exercisable also by the Governor of the said State.

NEW DELHI;

V. V. GIRI,

The 21st January, 1972.

President.

[No. F. 38/l/72-Pol.I(A).]

GOVIND NARAIN, Secy.

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