340

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(i)]

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 28th February, 1981

G.S.R. 85 (E).—The

following

proclamation

the

President is published for general information:—

Whereas, I, Neclam Sanjiva Reddy, President of India

have received a report from the Governorof the State of Manipur

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 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) assurne 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 exorcisable 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 proclamation

as aforesaid, it shall be lawful for me as President

of India to act to such extent as J think fit through

the Governor of the said State;

(il) 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 reports

submitted to the Governor by the Comptroller and

Auditor-General of India:

articles 163 and 164;

so much of clause (3) of article 100 as relates to the

allocation among the Minister¹? of the business of the

Government of the State;

articles 167 and 169:

clause (1) of article 174; articles 175, 176 and 177;

clause (c) of article 179 and the first proviso thereto:

articles 181, 188, J89, 193, 194, 196 and 198;

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

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 of the report with a memorandum before the

Legislature of the State;

341

(iii) 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 con-

text otherwise requires, as a reference to Parliament,

and in particular, references in article 213 to the

Governor and 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 pro-

visions of article 153, articles 155 to 159 (both inclusive);

article 299 and article 361 and paragraphs 1 to 4 (boih

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 throuch the Governor

of the said Stale;

(iv) 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 tho 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 General

Clauses Act, 1897 (10 of 1897) as applicable to

the Acts of the Legislature of the State by virtue

of the Manipur General Clauses Act, 1966

(Manipur Act 3 of 1966) and so much of the said

General Clauses Act, 1897 as applies to Stale

Laws shall have effect in relation to any such

Act or law as if it were an Act of tho Legislature

of the State.

NEW DELHI :

NEELAM SANJIVA REDDY,

The 28th February, 1981.

President.

IV/11O13/1/81-CSR]

NEW DELHI :

M.L. KAMPANI,

The 28th February, 1981.

Additional Secretary.

ORDER

New Delhi, the 28th February, J981

G.S.R. 86

(E).—The following Order by the President

is published for general information :—

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

tion issued on this the 28th day of February, 1981, by me under

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

all the functions of the Government of the State of Manipur

and all the powers vested in or exercisable by 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 Proclamation, shall, subject

to the superintendence, direction and control of the President

be exercisable also by the Governor of the said State.

NEW DELHI .

NEELAM SANJIVA REDDY,

The 28th February, 1981.

President.

IV/11013/1/81-CSRJ

NEW DELHI :

M.L. KAMPAN1,

The 28th February, 1981.

Additional Secretary

PRINTED BY THE MA.N'VOER, QOVT. OF INDIA PRESS, RTNO ROAD, NEW DELH1-110064

AND PUBLISHED HY fHE CON TROLLFR OF PUBLICATIONS, DELHI-110054, 1981