REGISTERED No. D. (D.N.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3 - S u b - s e c t i on (i)
PUBLISHED BY AUTHORITY
No. 174] NEW DELHI, FRIDAY, MAY 25, 1984/JYAISTHA 4, 1906 Separate paging is given to this Part in order that it may be filed as a separate compilation
(1)
255 GI/84{1)
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3 (1)]MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 25th May, 1984
G.S.R. 397 (E).—The following Proclamation by the President is published for general information:
Whereas, I, Zail Singh, President of India, havb received a report from the Governor of the State of Sikkim 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 th© 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 alt functions of the Government of the said
State and all powers vested in or exercis- able by the Governor of that State;
declare that the powers of the Legislature of the said State shall be exercisable by or under the authority of Pailiament; and
make the following incidental and conse- quential provisions which appear to me to be necessary or de&irable for giving effect to the objects of this Proclamationj namely:—
(i) in the exercise of the functions and powers assumed to rnvself by virtue of clause (a) of this Proclamation as aforesaid, it shall be lawful for me as President of Ind'a to act to <-uch extent as I think fit through" the Governor of the sa-id State;
'ii) 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 ths State;
so much of clause (2) of article 151 as relates to the laying before the Legis- lature 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 166 as relates to the allocation among the Ministers ~r rhe business of the Gov- ernment of the State;
article 167 and so much of clause (1) of article 169 as relates to the passing of a resolution by the Legislative Assembly of a State;
clause (1) and sub-clause fa) of clau/e (2) of article 174; articles 175 to )78 (both inclusive); clauses (b) and (c) of article 179 and the first proviso to that article and articles 180 and 181;
3
(both inclusive) as 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 Legiilative Assembly of the said
State is hereby dissohed;
(iv) any reference in the Constitution to tne Governor shall in relation tf> 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, as a reference to Parliament, and, in particular, the references in article 213 to the Governor and to the Legislature of the State of the House thereof shall bo construed as references to the President and to Parliament or the Houses thereof respectively:
Provided that nothing herein shall affect the s 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 prevent the President from acting under sutj-clause (i) of this clause to 5.uch extent as he thinks fit through the Governor of the said State;
(v) any reference m the Constitution to Acts or laws of or made by the Legislature of the State shall be construed as includ- ing 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 in sub-clause (a) of article 357 of the Constitution, and the Sikldm Interpre- tation and General Clauses Act, 1977 (Act 7 of 1977) as, in force i^ the State of Sikk^m and ™ much of the General Clau-es Act. 1897 (10 of 1897). r" aninlies to the State laws, shall have effect in relation to any such Act or luw as if it were an Act of the Legislature of the State.
ZAIL KTNGH, President
Varanasl.
The 25th May, 1984.
so much of arfHp 1*6 a"s relates to the salaries and allowances of the TVputv Speaker of the Lep-WatJw* A W T M Y; articles 188, 189, 193, 194, 195 ,*nd 106- article 19S; c'auses (3) and (4) of article 199;
[No V|11O13|5[84-CSR]
New Delhi:
The 25th May, 1984.
so much of clnu'e n> of article 202 as relates to the salaries and allowances of the Demits Snpnt^r of *hP J epis- lat've Assembiv; artHec 708 to 211
M. M. K. WALT, Secy.
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART TI—SEC. 3 (i)]ORDER
New Delhi, the 25th May, 1984
G.S.R. 39^ (E).—The following Order by the
President is published for general information:
In pursuance of sub-clause (i) of clause (cj of the Proclamation issued on this, the 25th day of May, 1984 by me under article 356 of the Consti- tution of India, I hereby direct that all the functions of the Government of the State of Sikkim and all the powers vested in or exercisable by the Go\teinor 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 claluse (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.
Varanasi,
The 25th May, 1984.
ZAIL SINGH, President [F, No. V|11O13|5|84-CSR]
New Delhi,
The 25th May, 1984.
M. M. K. WALI, Secy.
PRINTED BY THE MANAGER, GOVT. OF INDIA PKESS. WNQ ROAD, NEW DELHI-110064
AND PUBLISHED BY THE CONTHOULB*