Extraordinary Gazette of India, 1991, No. 333

4 Pages·0.21 MB·English

by  Directorate of Printing, Government of India

REGISTERED NO. D (D.N.) 127
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 46] NEW DELHI, WEDNESDAY, JANUARY 30, 1991/MAGHA 10, 1912
Separate Paging is given to this Part in order that it may be filed as a
separate compilation
247GI/91 (0
2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—Snc. 3(1)]
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 30th January, 1991
G.S.R. 54(E).~-The following Proclamation, \,y the
President is published for general information;
Whereas, I, R. Venkatarainan, President of India,
am satisfied that a situation has arisen in -.vftrcb ihc
Government of Tamil Nadu cannot be carried im in
accordance with the provisions of the Constitution of
India (hereinafter referred to as "the Constitution");
Now, therefore, in exercise of the powers confer-
red by article 356 of the Constitution and of all other
fiowcrs enabling me in that behalf, I hereby proclaim
that I —
fa) assume to myself as President of Jifidia all
functions of the Government o,- the said
State and all powers vested in or eseraV
able by the Governor of that State,
(b) declare that the powers of the Leghbture
of the said State shall be cxercisabto by or
under the authority of Parliament; and
(c) make the following incidental and consequen-
tial provisions which appear to me to be
necesary 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 duusc (a)
of this Proclamation as aforesaid, if. shall
be lawful for me as President of fnJiu to
act to such extent as I think fit fhrnugh
the Governor of the said State,
(ii) the operation of the following jmivlsions
of the Constitution in relation to that
State is hereby suspended, namely :—
so much of the proviso to article 3 a-, re-
lates to the reference by the President
to the Legislature of the State;
NO much of clause (2) of article 151 a* re-
lates to the laying before the Legisla-
ture of the State of the reports, submit-
ted to the Governor by the Comptroller
and Auditor-General of India:
z
articles 163 and 164; Provided that nothing herein shall affect the
provisions of article 153, articles 155 to
so much of clause (3) of article 166 as re- 159 (both inclusive), article 299 and arti-
lates to the allocation among the Minis- cle 361 and paragraphs 1 to 4 (both in-
ters of the business of the Government clusive) of the Second Schedule or pre-
of the State; vent the President from acting under sub-
clause (i) of this clause to such extent as
he thinks fit through the Governor of the
article 167 and so much of clause (1) of
said State;
article 169 as relates to the passing of
a resolution by the Legislative Assem- (v) any reference in the Constitution to Acts
bly of a State; or laws of, or made by, the Legislature
of the said State shall be construed as in-
cluding a reference to Acts or laws made
clause (1), and sub-clause (a) of clause (2),
in exercise of the powers of the Legisla-
of article 174; articles 175 to 178
ture of the said State, by Parliament by
(both inclusive) clauses (b) and (c) of
virtue of this Proclamation, or by the
article 179 and the first proviso to that
President or other authority referred to
article and articles 180 and 181;
in sub-clause (a) of clause (1) of article
357 of the Constitution, and the Tamil
Nadu General Clauses Act, 1891 (fTaniil
so much of article 186 as relates to the
Nadu Act 1 of 1891), as in force in the
salaries and allowances of the Deputy
State of Tamil Nadu, and so much of the
Speaker of the Legislative Assembly;
General Clauses Act, 1897 (10 of 1897).
articles 188, 189, 193, 194, 195 and
as applies to State laws, shall have effect
196; clauses (3") and (4) of article 199;
in relation to any such Act or law as if
it were an Act of the Legislature of the
so much of clause (3) of article 202 as re- said State.
lates to the salaries and allowances of
New Delhi.
the Deputy Speaker of the Legislative
The 30th Jannnry, 1991.
Assembly; articles 208 to 211 (both
inclusive), the proviso to clause (1) and R. VENKATARAMAN,
the proviso to clause (3) of article PRESIDENT
213; and
[No. V|11013|2,'91-CSR]
so much of clause (2) of article 323 as re-
lates to the laying of 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 as a reference to the Presi-
dent, and any reference therein to the
Legislature of the State 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 refe-
rences In article 213 to the Governor and
to the Legislature of the State shall bo
construed as references to the President'
and to Parliament; respectively:
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)J
ORDER force in that State, which have been assumed by the
President by virtue of clause (a) of the said Procla-
New Delhi, the 30th January, 1991
mation, shall, subject to the superintendence, direction
G.S.R. 55(E).—The following Order by the Presi- and control of the President, be exercisable also by
dent is published for general information :— the Governor of the said State.
New Delhi.
jln pursuance of sub-clause (i) of clause (c) of the
The 30th January, 1991.
Proclamation issued on this the 30th day of January,
R. VENKATARAMAN,
1991, by me under article 356 of the Constitution of
India, I hereby direct that all the funeftioDs of the PRESIDENT
Government of the State of Tamil Nadu and all the
[No. V|H013|2|91-CSR]
powers vested in or exercisable by the Governor of
that State under the Constitution or under any law in R. K. BHARGAVA, Home Secy.
Printed by the Manager, Govt. of India Pro*, Ring ftoad, New D«1M-110064
and Published by the ControUx of Publications, Delhi-110054, 19»1