THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(i)]

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 17th February, 1980

C.S.R. 50(E).~The following

Proclamation by the Presi-

dent is published for general information ;

Whereas, I, Ncclam Sanjiva Reddy, President of India, am

satisfied that a situation has arisen in which the Government

of Gujarat cannot be carried on in accordance with the pro-

visions 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 enabl-

ing 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 exercisab'e by the Governor of that

State;

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

said State shall be cxercisable by or under the

authority of Parliament; and

visions

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 Procla-

mation as aforesaid, it shall be lawful for me as

President of India to act to such extent aa 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 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 busi-

ness of the Government of the State ; article 167

and so much of clause (1) of article 169 as re-

lates to the passing of- a resolution by the Legis-

lative Assembly of a State ;

clause (1) and sub-clause (a) of dnuse (2) of

article 174; articles 175 to 178 (both inclusive) ;

clauses (b) and (c) of article 179 nnd the first

proviso to that article and articles 180 and 181 ;

so much of article 186 as relates to the salaries and

allowances of tho Deputy Speaker of the Lcgih-

lative Assembly; article's 1&8, 189, 193, 194,

195 aad 196; article 198; cluuscs (3) and (4i

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 (I) and the proviso to clause (3) of

article 213 ; and

so much of clause (2) of article 323 as relates to

the laying oi 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 aa

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 tho

functions and powers thereof, be construed, unless

the context

otherwise requires,

as a

reference

to Parliament, and, in particular, the references in

article 213 to the Governor and to the Legislature

of the State or the House thereof shall be construed

aa 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 pre-

vent the President from acting under sub-clause

(i) of this clause to such extent as ho thinks fil

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 Legis-

lature of the State, by Parliament by virtue of thi-i

Proclamation,

or by

the President

or other

authority referred to in sub-clause (ai of clause

(1) of article 357 of the Constitution, and the

Bombay General Clauses Act, 1904 (Bombay Act

1 of 1904), as in force in the State of Gujarat

and so much of the General Clauses Act, 1897

(10 of 1897), as applies to State laws, shall have

effected in relation to any such Act or law us if

It were an Act of the Legislature of the State.

New Delhi;

NEELAM SANJIVA REDDY,

The 17th February, 1980.

[No. V/11013/4/80-CSR]

New Delhi;

T. C, A. SRINIVASAVARADAN, Secy.

Th« 17th February, 1980.

ORDER

New Delhi, the 17th February, 1980

G.S.R. 51(E).—The

following Order by the President is

published for general information :

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

mation issued on this the 17th day of February, 1980, by mo

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

that all the functions of the Government of the State of

Gujarat and all the powers vested in or exercisable by tho

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.

Now Delhi ;

NEELAM SANJIVA REDDY,

The 17th February, 1980.

[No. V/11013/4/80-CSR]

New Delhi;

T. C. A, SRINIVASAVARADAN, Secy.

The 17th February, 1980.

PRINTED BY THE MANAGER, 00VT. OF INDIA PRESS, RING ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OI- PURLICATTONS, DELHI-110054, 1980