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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II- Section 3-Sub-section (1)

PUBLISHED BY AUTHORITY

No. 145] NEW DELHI, WEDNESDAY, JUNE 13, 1973/JYAISTHA 23, 1895

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 13th June, 1973

G.S.K. 316(E).—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 Uttar Pradesh 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 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 358 of the Consti- tution and of all other powers enabling me in that behalf, 1 hereby proclaim that I—

(a) assume to myself as president of India all functions of the Government of the said State and all powers vested in or exercisable by the Governor of that State;

(935 )

936 I HE GAZETTE O1- INDIA LX L KAORDINARY LPAIU H -

(b) declare that the powtw of the Lcgisiatme of ihe said State .shall be

exerclsable by or under thu authority o£ Parliament; and

(c) make the following incidental and consequential provisions which appear to me to be necessary oi desirable for giving effect to ihe objects ol this Proclamation, namely:

(i) in exercise of the functions and powers assumed to myself by virtue of clause (a) of this Proclamation as afoiesaid, it shall be lawful for me as President oi India to act to such extent as 1 think tit thiough the Governor of the said Slate,

(ii) the operation of the following provisions of the Constitution In relatlo.i to that State is hereby suspended, namely: —

so much of the proviso Lo article '£ as relates to the reference by thf¹ President to the Legislature of the State;

so much of clause (2) of article 151 as relates to the laying befoie Llie Legislature of the State oi the report submitted to the Governor by the Comptroller and Auditor-General of India;

articles 163 and 164;

BO much of clause (3) of article 16b as relates to the allocation among the Ministers of the business of the Government of the State;

article 167;

so much of clause (1) of article 169 as relates to the passing of a resolu- tion by the Legislative Assembly of State;

clause (1) of article 174.

articles 175, 176 and 177,

clause (c) of article 179 and the flrsl proviso thereto;

article 181;

clause (c) of article 183 and the proviso thereto;

articles 185, 188, 189, 193, 194 and 196 to 198 (both inclusive);

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

articles 208 to 211 (both inclusive); the proviso to clause (1) and the proviso to clause ('$) 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 lo Parliament or to the Houses thereof respectively;

Provided that nothing heiein shall affect the provisions of article 153, articles 155 to 159 (both Inclusive), article 239 and article 361 and paragraphs 1 to 4 (both Inclusive) of the Second Schedule or prevent the President from acting under sub-clause fi) of this clause to such extent as he thinks fit through the Governor of the said State;

Si.c. 3(i)l THE GAZETTE OF INDIA EXTRAORDINARY 937

(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 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 py the Presi- dent or other authority referred to in sub-clause (a) of clause (1) of article 357 ox the Constitution and the United Provinces General Clauses Act, 1904 (U.P. Act No. 1 of 1904), and so much of the General Clauses Act, 1897 (10 of 1fl97) as applies to State laws, shall have effect in relation to any guch Act or law as if it were an Act of the Legislature of the State'

NEW DELHI;

V. V. GIRI,

The 13th June, 1973.

President.

ASOKA SEN, NEW DELHI; The 13th June, 1973

Special Secretary.

938 THE GAZETTE OF INDIA EXTRAORDINARY [PAFT I I- Sec 3(0] THE GAZETTE OF INDIA EXTRAORDINARY 939

ORDER

New Delhi, the 13th June 1973

G.SJt. 317(E).—The following Order by the President is published for general information::—

In pursuance of sub-clause (i) of clause (c) of the Proclamation issued on this the 13th day of June, 1973 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 hy the Governor 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.