REGISTERED No.D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 353] NEW DELHI, SATURDAY,NOVEMBER 5, 1977/KARTIKA 14, 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 5th November 1977
G.S.R. 679 (E).—The following Proclamation by the President is published for general information'—
PROCLAMATION
Whereas, I, Neelam Sanjiva Reddy, President of India, have received a report from the Governor of the State of Tripura 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 Constitution 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 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 (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;
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a i |Q THK, GAZETTE OF IMulA iiLXTRAORDINAltt iJAm II—Ssc. Hi)
(ii) the operation of the following provisions of the Constitution in re- lation 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 Stute;
to much of the proviso to article 3 as relates to the reference by the Legislature of the State of the reports submitted to the Governor by the Comptroller and Auditor-General of India,
articles 163 and 164, to much of clause (3) of article 166 as relates to the allocation amonj the Ministers of the business of the Government of the State,
article 167 and so much of clause (1) of article 169 as relates to the passing of a resolution by the Legislative Assembly of a State;
clause (1) and sub-clause (a) of clause (2) of article 174; articles 176 to 178 (both inclusive), clause (b) and (c) of article 179 and th* first proviso to that article and articles 180 and 181,
so much of article 186 as relates to the salaries and allowances of the Deputy Speaker of the Legislative Assembly; articles 188, 189, 193, 194, 195 and 196, article 198; clauses (3) and (4) of article 199;
so much of ddti^e (3) of nrtu-le ?02 as relates, to the salaries and allowances of 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 article 323 as relates to the laying, of the report with a memorandum before the Legislature of the State;
(iii) the Legislative Assembly of the said State is hereby dissolved,
(iv) 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 to Parliament or the Houses thereof respectively-
Provided that nothing herein shall affect the provisions of article 183 articles 155 t0 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 actine under sub-clause (i) of this clause to such extent as he thinks fit through the Governor of the said State;
(v) 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 clause (1} of article 357 of the Constitution, and the Trlpura Genera] Clauses Act, 1966 (Act of 1966), as in force In the Stateof Tripura, ai,d so much of the General Clauses Act, 1897 (10 of 1897), as applies to State laws, ihal lhave effect in the relation to any sucli Act or law as if it were an Act of the Legislature of the State
New Delhi, NEELAM SANJIVA REDDY
The 3th November, 1977
President.
INo. V/U0lS/28/77-S&P(DV)]
**** ^ "^ T C A SRirflVASAVARADAN,
The 8th November, 1977
Secretary,
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2ljZ THE GAZETTE OP INDIA EXTRAORDINARY PAHT ll—Omc. S(i\
ORDER
New Delhi, the Sth November 1977
G.S.R. 680(E).—The following Order by the President in published for general Information:
In pursuance of Bub-clause (1) of clause c) of the Proclamation issued en this the 5th day of November, 1977 by me under article 356 of the Constitution of India, I hereby direct that all the functions of the Government of the State of Tripura and all the powers vested in or exerclaable by the Government 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 exercis- able also by the Governor of the said State
New Delhi, The 5th November, 1977
New Dolhl;
[No. V/11013/28/77-S&P(DV)]
The 5th November, 1977 T, C A. SRINIVASAVARADAN,
Secretary.
2i%4 THE GAZETTE OF INDIA EXTRAORDINARY PAST II—SK. 3(i) IfRINTED bi THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, MINTO ROAD, NFW DELHI AND PTTJLTSHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 197^