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Extraordinary Gazette of India · Government of India

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Published 16 December 1976

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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 409] NEW DELHI, THURSDAY, DECEMBER 16, 1976/AGRAHAYANA 25, 1898

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

as a separate compilation

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 16ih December 1976

G.S.R. 923(E).—The following Proclamation by the President is published for general information:

Whereas, I, Fakhruddin All Ahmed, President of India, have received a report from the Governor of the State of Orissa 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 Constitu- tion");

Now, therefore, in exercise of the powers conferred by article 356 of the Consti- tution and of all other powers enabling me in that behalf, I hereby proclaim that

(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;

(b) declare that the powers of the Legislature of the said State shall be

exercisable by or under the authority of Parliament; and

(2813)

2 8 14 Tm GAZETTE OF INDIA EXTRAORDINARY PAHT n —S I C. 3(i)

(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 relation

to that State is hereby suspended, namely: —

BO much of the proviso to article 3 as relates to the reference by the

President 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 Reports 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;

articles 167 and 169; clause (1) of article 174; articles 175, 176 and 177; clause (c) of article 179 and the first proviso thereto; articles 181. 188, 189, 193, 104, 196 and 198; clauses (3) and (4) of article 199; 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;

(Hi) any reference in the Constitution to the Governor shall in relation to the said State be construed aa 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 functiong and powers thereof, be construed, unless the context otherwise requires, as a reference to Parliament, and, in particular, references in article 213 to Ihe Governor and to the Legislature of the State or tne Houses 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 193, 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 mich extent as he thinks fit through the Governor of the said State;

(Iv) any reference in1 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 Procla- mation, or by the President or other authority referred to in sub- clause (a) of clause (1) of article 357 of the Constitution, and the Orifisa General Clauses Act, 1937 (Orissa Act 1 of 1937), 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 laws as if It were an Act of the Legislature of the State.

FAKHRUDDIN ALI AHMED,

President.

New Delhi; The 16th December, 1976.

[No. F.V/11013/17/ORS/76-S&P(D-V)l

S. S. SIDHTJ, Addl, Secy.

N CW D e l h i' The 16th December, 1976.

2815

2gJ6 THE GAZETTE OF INDIA EXTRAORDINARY PART U—SEC. 3(1)

2817

ORDER New Delhi, the 16£h December 1970

G.S.R. 924(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 16th day of December, 1976 by me under article 356 of the Constitution of India, I hereby direct that all the functions of the Government of the State of Orissa and all the powers vested in or exercisable by 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 exercls- able also by the Governor of the said State.

FAKHRUDDIN ALI AHMED,

President.

New Delhi; The 16th December, 1976.

[No. F.V/ll013/17/ORS/76-S&P(D-V/)l New Delhi;

g g S I D H Ui A d dl S e c yi

The 16th December, 1976.

2818 T H f fi GA Z E T TE 0F INDIA EXTRAORDINARY PART II—SEC. 3(i)

PRINTED BV THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1976

Cite this issue. Extraordinary Gazette of India, Government of India, 16 December 1976. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1976-12-16.E-1201-1976-0409-53676/. Archive identifier in.gazette.csl_extraordinary.1976-12-16.E-1201-1976-0409-53676.