1646

THE GAZETTE OF INDIA ; EXTRAORDINARY

[PART II—SEC. 3(QJ

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 21st October, 1981

G.S.R. 564(£).-—The following Proclamation by the Presi-

dent is published for general information :—

Whereas, I, Neelam Sanjiva Reddy, President of

India,

Jnive received a report from the Governor of the State of

Kerala and after considering the report an other information

uccived by me, I am satisfied that a siluatiop has arisen in

which ihe 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 their 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 State and all powera

vested in or exercisable by the Governor of that

State ;

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

said State shall be oxcrcisable by or) under the

authority of Parliament ; and

visions which appear to mo to be necessary

desirable for giving effect to the objects of this

Proclamation, namely —

(i) in the exercise of the functions and powers assu-

med 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 a*.

I think fit through the Governor of the

said

State ;

(ii) the operation of the following provisions of the

Constitution in relation to that State i<, hereby

suspended, namely :—

So much of the proviso¹ to article 3 as relates

to the reference by the President to the legis-

lature of the State :

So much of clause (2) of article 151 as rela-

tes to the laying before the Legislature of the

State of the reports submitted to the Governor

by the Comptroller and

Auditor-General

India ;

articles 163 and 164;

so much of clause (3) of aiticle 166 as relates

to the allocation among the Ministers of the busi-

ness of the Government of the State;

articles 167 and 169 ; clause (1) of article 174-

artlcle 175; 176 and 177; clause (c) of article

179 and the first proviso thereto ;

articles 181, 188, 189, 193.

194, 196" ana

clauses (3) and (4) of article 199 ; articles 209

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 aiticle 323 as relate*

to the laying of the report with a memorandum

before the Legislature of the State ;

(iii) any reference in the Constitution to the Governor

shall, in relation to the said State, b© 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, as a rcf-.

erencc to Parliament, and, in particular, the refe-

rences In article 213 to the Governor and the

Legislature of the State or the House thereof,

1647

shall be construed as references to the President

and to ParUwnent or the Houses thereof

res-

pectively ;

Provided that nothing herein shal] affect the

provisions of article 153, articles 155 to 159 (both

inclusive), article 299 and article 361 and para-

graphs 1 to 4 (both inclusive) of the Second

Schedule or prevent the President from

acting

under sub-clause (1) of this clause to such extent

as he thinks fit through the Governor of the said

State;

(iv) any reference in the Constitution to Acts or laws

of or mad« 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

this Proclamation, or by the President or other

authority referred to irt sub-clauso (a) of clauio

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

Interpretation and General Clauses Acf, 1125

(Act VH of 1125) as in force in the State of

Kerala, and so much of General Clauses Act,

1897 (10 of 1897) as applies to State hws,, shall

have effect in relation to any such Act or law,

aa if it were an Act of the Legislature of the

State.

NEW DELHI;

The 21st October, 1981.

NEELAM SANJIVA REDDY,

President

NEW DELHI;

The 21st October, 1981.

LF. No. V|UO13|8|8l-CSR]

S. VARADAN, AddltionaT Secy.

ORDER

New Delhi, the 21st October, 1981

G.&R. S65(EV-The following Order by the President Js

published for general information:—

In pursuance of sub-clause (1) of clause (c) of ihe Pro-

clamation issued on this the 21st day of October, 1981, by

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

direct that all the functions of the Government of the State

of Kerala and all the powers vested in or wrorcisable by

the Governor of that Stale, under the Constitution or under

uny law in force in thut State, which have been assumed by

the President by virtuje of clause (a) of the said Proclama-

tion, shall, subject to the superintendence, direction and

control of the President, be cxercisable also by the Gover-

nor of the said State.

NEW DELHI;

The 21st October, 1981.

NEELAM SANJIVA REDDY,

President.

NEW DELHI;

The 21st October, 1981.

tF. No. V|UO13|8|81-CSR1

S. VARADAN, Additional Secy.

PUNTBIVBY THE MANAGER, OOVT. OF INDIA FUSS, KINO ROAD, NEW DELHI-110064

AND PUBLISHED BY THE CONTROILEE OF PUBLICATIONS, DELHI-110054, 1911