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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. 424] NEW DELHI, SATURDAY, DECEMBER 31, 1977/PAUSA 10, 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 31st December 1977 G.S.R. 798 (E).—The following Proclamation by the President is published for general information.

Whereas, I, Neelam Sanjiva Reddy, President of India, have received a report from the Governor of the State of Karnataka 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 accord- ance 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 Constitution and of all other powers enabling me in that behalf I hereby pro- claim that I—

(a) assume to myself as President of India all functions of the Govern- ment of the said State and all powers vested in or excisable 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

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lawful for me as President of India to act to such extent as i think fit through the Governor of the said State,

(ll) 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 report 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;

article 167;

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 175 to 178 (both inclusive);

clause (b) and (c) of article 179 and the first proviso to that article;

article 180, 181 and 182, clause (c) of article 183 and the proviso thereto;

article 185;

so much of article 186 as relates to the salanes and allowances of the Deputy Speaker of the Legislative Assembly;

BO much of article 188 as relates to a member of the Legislative Assembly;

articles 189, 193 and 194;

so much of article 193 as relates to the salanes and allowances of Members of Legislative Assembly;

articles 196 to 198 (both inclusive),

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

so much, of clause (3) of article 202 as relates to the salanes 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 aa 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 anv reference therein to the Legislature of the State or the Houses thereof shall, in so far as it relate3 to the function and powers thereof, be construed, unless the context otherwise re- quires, as a reference to Parliament, and, in particular, refe- rences 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 to the Houses thereof res- pectively:

Provided that nothing herein shall affect the provisions of article 153, article 155 to 159 (both inclusive), article 299 and article 361 and

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paragraphs 1 to 4 (both inclusive) of the Second. Schedule or pre- vent 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;

(v) any reference In the Constitution to Acts or laws of or made by the Legislature of the State shall be construed aa Including a refe- rence to Acts or laws made in exercise of the powers of the Legis- lature of the State by Parliament by virtue of this Proclamation, ox by the President or other authority referred to in sub-clause (a) of iclauae (1) of article 357 of the Constitution and the Mysore General Clauses Act, 1899 ("Mysore Act No. Ill of 1899) and so much of the General Clauses Act, 1897 (10 of 1897) as applies to State Laws, Shall Itave effect in relation to any ouch Act or Law ,as if it were an Act of the Legislature of the State

NEELAM SANJIVA REDDY,

"NEW DEL-HI;

President.

The 31tot December, 1977.

[No. F. V/11013/33/77-S&P(DV)]

T C. A. SRINIVASAVARADAN, Secy.

N EW DELHI;

The 31st December, 1977.

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ORDER

New Delhi, the 31st December 1977

G.S.R. 799(E).—The following Order by the President is published for gene- ral information: —

In pursuance of sub-clause (1) of clause (c) of the Proclamation issued on this the 31st day of December 1977 by me under article 356 of the Constitution pf India, I hereby direct that all the functions of the Government of the State of Karnataka and all the powers vested m or exerusable by the Governor of that fitate under the Constitution or under any law in force in that the State, which have been assumed by the President by vntue of clause (a) of the t.aid Pio- elamatlon. shall, subiect to the superintendence, direction and control of the President, be exercisable also by the Governor of the said State

NEELAM SANJTVA REDDY, NEW DELHI, The 31st December, 1977

Pi^sid'Jit

NEW DLLHI

[No. F V/11013/33/77-S&P

PHTNTED BY T I '"