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THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(i)J

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 14ih November, 1979.

G.S.R. 624 (E).—The

following

Proclamation

by the

President is published for general information ;—

Whereas, I, Neelam. Sunjiva Reddy,

President of

India,

have received a report from the Governor of the Slate of

Manipur and after considering Iho report and other informa-

tion received by me, I am satisfied that a siiuution 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

the powers

conferred

by article 356 of the Constitution and of all other powers

enabling me in lhal behalf, I hereby proclaim that I—

(a) assume to myself as President of India all functions

of the Government of the said Stale and all poweis

vested in or

exercisable by

the

Governor

that State;

(b) declare that tho powers of the Legislature of the

said

State shall be exercisable by or under the

authority of Parliament; and

following incidental and

consequential

provisions which appear to me to be necessary or

desirable

for giving

effect to 'Ihe objects of

this

Proclamation, namely :—-

(i) in the exercise of the functions and powers assrumed

to myself by virtue of clause (a) of this Procla-

mation as aforesaid, it shajf 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

t onstitution in relation to thaj State is

hereby

suspended, namely :-—

so much of Ihe proviso to article 3 as relates to the

reference by the President to the Legislature of

the Slate;

»o 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 Com-

ptroller 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 and so much of clause (1) of article 169 as

relates to the passing of a resolution by the Legis-

lative Assembly of a State;

clause

(1), and iub-clause fa) of

clause (2), of

article 174;

articles 175 to 178 (fctoth inclusive);

clauses (b) and (c) of article 179 and the 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 Legis-

lative Assembly; articles 188. 189, 193, 194, 195

and 196; article 198, clauses (3) and (4) of

article 199;

so much of clause (3) of article 202 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;

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(iv) any reference in the Constitution to the Governor

shall, in relation to the said State, be construed

as a reference to the Ficsident, and any reference

therein to the Legislature

of the

State or the

Houses thereof shall, in to far as it relates to trie

functions

and powers

thereof, be

construed,

unless

the context otherwise

requires, as

reference to Parliament, and in particular, the

references in article 213 to the Governor and to

tho Legislature of the State or the House* thereof

shall be construed as reference* to the President

and to Parliament or the Houses thereof respec-

tively:

Provided that nothing herein shall affect the provisions

of article 153, articles 155 to 159, (both inclu-

sive), article 299 and article 361 and paragraphs

1 to 4 (both inclusive) of the Second Schedule or

prevent the

President from acting

under sub-

clauso (i) of this

clause to such

extent as

thinks fit through the Governor of the iaid 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 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.

NEW DELHI;

NRELAM SANJTVA REDDY,

President.

The 14th November, 1979.

[F. No. V/11013/3/79-CSR]

NEW DELHI,

M. L. KAMPANT, Additional Secy.

Tho 14th November, 19" 79.

AUTHENTICATED

P. P. SHR1VASTAV, Jt. Secy.

ORDER

G.S.R. 625{E).—The following Order by the Prejident is

published for general information :—

In pursuance of sub-clause (i) of clause (c) of the Proclama-

tion issued on this the 14th day of November, 1979, by

me under article 356 of the Constitution of India, I hereby

direct that all the functions of the Government of the State

of Mftnipur and all the po ^{w e r 8} vested in or exercisable

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 Proclama-

tion, shall, subject to the superintendence, direction and control

of the President, be exerclsabje also by the Governor of the

said State.

NEW DELHI :

NEELAM SANJIVA REDDY.

President.

the 14th November, 1979.

[F. No. V/11013/3/79-CSR]

NEW DELHI;

The 14th November*, 1979.

M. L. KAMPANI, Additional Secy.

AUTHENTICATED

P. P. SHRIVASTAV, Jt. Secy.

PRINTED BY THE MANA0B1, OOVT. OF WDU H E M , UNO ROAD, NEW DELHI-1100*4

AND P¥1IL13HU> IT TSU COWT»OLLB* OF PYBUCITIONI, DELHI-110*54, 1979