REGISTERED N0. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 163] NEW DELHI, MONDAY, MAY 16, 1977 VAISAKHA 26,1899
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 lflth May 1977
G.S.R. 241 (E).—The following Proclamation by the President is published for general information —
Whereas, I, Basappa Danappa Jatti, Vice-President acting as President of India, have received a report from the Governor of the State of Manipur and after con- sidering the report and other information received by me, I am satisfied that a situa- tion 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 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 said State and all powers vested in or exercisable by the Gover- nor 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
(857)
858 THE GAZETTE OF INDIA EXTRAORDINARY PART II—SEC 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 —
(1) 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,
(li) 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 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 1B4, so much of clause (3) of article 166 as relal.es to the allocation among the Ministers of Lhe business of the Government of the State,
articles 167 and 1H9, clause (1) of article 174; articles 175, 176 and 177, clause (el of article 179 and the first proviso thereto; articles 181, 188, 189, L03, KM, 1H6 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,
(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 there- of shall, in so far as ii relates to the functions and powers thereof, he construed, unless the context otherwise requires, as a refeience to Parliament, and, in particular, references in article 213 to the Governor and to the Legislature of the State or the Houses thereof, shall lie 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,
(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 oi 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 article 357 of the Constitution 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.
B, D. JATTI,
Vice-President acting as President New Delhi- The 16th May, 1P77
[No, V/11013/7/77-S&P(DV)|
M L KAMPANI, Jt Secy.
New Delhi; The 10th May, 1977.
859
ORDER
New Delhi, the 16th May 1977
G.S.R 243 (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 May, 1977, by me under article 356 of the Constitution of India, I hereby direct that all the functions of the Government ol the State of Manipur 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 exercisable also by the Governor of the said State
B D JATTI,
Vice-President acting as President New Delhi, The 16th May, 1977
[No V /l 1013/7/77-S&P (DV)]
M L, KAMPANI, Jt Secy.
New Delhi, The 16th May, 1977
86o THE GAZETTE OF INDIA EXTRAORDINARY PART II—SEC. 3(1)86T
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