REGISTERED No. D. (D.)72 The Gazette of India
EXTRAORDINARY
PART II—Section 3—sub-section (i)
PUBLISHED BY AUTHORITY
No. 32] NEW DELHI, SUNDAY, FEBRUARY 17, 1980/MAGHA 28, 1901
Separate paging is given to this Part in order that it may be filed as a separate compilation
(73)
1204 GI/79
74 THF GAZETTE OF INDIA : EXTRAORDINARY fPART II—SEC. 3(i)]MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 17th February, 1980
G.S.R. 42(E).—The following Proclamation by the President
is published for general information :
Whereas, I, Neelam Sanjiva Reddy, President of India, am satisfied that a situation has arisen in which the Government of Tamil Nadu cannot be carried on in accordance with the pro- visions of tho 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 proclaim that I—
(a) assume to myself as President of India all functions of the Government of the said StHte and all powers vested in or exercisable by the Governor of Out Sate ;
(b) declare that the powers of the Legislature of the said State shall he exercisable by or under the authority of Parliament; and
(c) make the following incidental and consequential pro- visions which appear to me to be necessary or desir- able for giving effect to the objects of this Proclama- tion, namely:—
(i) in the exercise of the functions and power* assumed to myself by virtue of clause (a) of this Proclama- tion 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 tho 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 tho 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 Assemb- ly of a State;
clause (1) and sub-clause (a) of cliiuse (2) of article
174;
a r t i c l es 1 75 to 17B l l i o lh l i i d i r ; i v e );
clauses (b) and (c) of article 179 and the first pro- viso to that article ;
articles 180, 181 and 182, clause (c) of article 183 and the proviso thereto article 185;
so much of article 186 as relates to the salaries and allowances of the Deputy Speaker of the Legis- lative Assembly ;
so much of article 188 as relates to a member of the Legislative Assembly;
articles 189, 193 and 194 ;
so much of article 195 a* relates to the salaries ami allowances of members of the Lefiislative Ass- embly;
articles 196 to 198 (both inclusive);
75
Provided that nothing herein shall affect the provisions of article 153, articles 155 to 159 (bolh 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;
(v) any reference in the constitution to Acts or laws of Or made by the Legisature of the State shall be construed as including a reference to Acts or laws made in exercise of the powers of the Legis- lature of the State, by Parliament by virtue of this Proclama^on, or by the President or other authority referred to in sub-clause (a) of clause (1) of article 357 of the Constitution and the Madras General Clauses Act, 1891 (Madras Act 1 of 1891) as in force in the State of Tamil Nadu, and so much of the Genesal Clauses Act, 1897 (10 of 1897), as applies to Stale laws, shall have effect in relation to any tuch Act or law as if it "were an Act of th" Legislature of the State.
New Delhi ; NEELAM SANJIVA REDDY, clauses (3) and (4) of article 199 ;
The 17th February, 1*10, President
so much of clause (3) of article 202 as relates to the salaries and allowances of the Deputy Speaker
[No. V/11013/4/80-CSR]
New Delhi; T. C. A. SR1NIVASAVARADAN, Secy.
of the Legislative Assembly ;
The 17th February, 1980.
articles 208 to 211 (both inclusive);
the proviso to clause (1) and the proviso t* clause
(3) of article 213 ; and
so much of clause (2) of
(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, "a a reference to Par- liament, and, in particular, references 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 respectively :
76 THF GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]ORDER
New Delhi, the 17lh Febmaiy, 1980
clamation, shull, subject to the superintendence, direction aud cunirnl of the President, be exeicisable also by the Governor of tho said Stale,
G. S. R. 43(E).—The following Order by the President is
published for general information :—
New Delhi; NEELAM SANIIVA REDDY,
The 17th February, 1980. President.
[No. V/11UI3/4/80-CSR1
New Delhi; T, C. A. SRIMVASAVARADAN. Secy.
Tht- 17lh February, 1980.
In pursuance of sub-clause (i) of clause (c) of the Pro- clamation issued on this the 17th day of February, 1980 by me under article 356 of the Constitution of India I hereby direct that nil the functions of the Government of the Stntc of Tamil Nadu and all the powers vested in or exeicisablc by the Governor of that State under the Constitution or under any Inw in force in that State, which h;iv> been assum- ed by the President by virtue of clause fa) of the said Pro-
PRINTED BY THE MANAGER, OOVT, OF INDIA PRESS, RING ROAD, NEW DELH1-110064 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1 9 80