Union Government, Extraordinary, 2013-01-18, Part II-Section 3-Sub-Section(i), Ref. G.S.R. 27(E)

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MINISTRY OF HOME AFFAIRS.
NOTIFICATION
New Delhi, the 18th January, 2013

GSR. 27(£)— The following Proclamation by the President is
published for general information:~

Whereas, |, Pranab Mukherjee, President of India, hava
received a report from the Govemor of the State of Jharkhand and
after considering the report and ather information raceived by me, |
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, | hereby proclaim that |—

(a) assume to myself as President of india all functions
of the Govemment of the Stata of Jharkhand and
all powers vested in or exercisable by the Governor
of the said State;

(b) declare that the powers of the Legisiature of the
said State shall be exercisable by or under the
authority of Parliament; and

264 4% 2
“TE GAZETTE. OF INDIA : FXTRACRDNARY ‘amr M840, M1

(c) make the following incidental and consequential
provisions which appear to me to be necessary or
desirable for giving effect to the objects of this
Proclamation, namely:~

(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 | think fit through the Governor
of the said State;

{il} the operation of the following provisions of the
Constitution in relation to the said 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 that State;

s0 much of clause (2) of article 151 as relates
to the laying, before the Legistature of the
State, of the reports submitted to the
Governor of the State 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
business of the Government of the State:
article 167;

‘80 much of clause (1) of article 169 as relates
to the passing of a resolution by the
Legislative Assembly of the State,

clause (1), and sub-clause (a) of clause (2),
of article 174:
Torn tt a 34

ATT eT

(ii)

articles 175 to 178 (both inclusive).

clauses (b) and {c) of article 179 and the first
Proviso to that article;

articles 180, 181, 188, 189, 193, 194, 198,
198 and clauses (3) and (4) of article 199;

articles 208 to 211 (both inclusive);

the proviso to clause (1) and the proviso to
clause (3) of article 213; and

80 much of clause (2) of article 323 as
relates to the laying of the report with a
memorandum before the Legislature of the
State;

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 tha said State shall, in so far as it relates
to the functions and powers thereof, be
construed, unless the context otherwise
requires, a8 a reference to Parliament, and,
in particular, the references in article 213 to
the Governor and to the Legislature of the
State, shall be construed as references to
the President and to Parliament or to the
Houses thereof respectively:

Provided that nothing herein shall affect the
provisions of arficle 153, articles 155 to 189
{both inclusive}, aricle 299 and article 361
and paragraphs 1 to 4 (both inclusive) of the
Second Schedule, or prevent the President
from acting under sub-clause (}} of this
clause to such extent as he thinks fit through
the Governor of the said State;

BEU 4IIB-B
TW: GAZE UF R914 | EXTRAQRDDARY (Pars O—See. 40)

(iv) any reference in the Constitution to Acts or
laws of, or made by, the Legislature of the
said State shall be construed as including a
reference to Acts or laws made, in exercise
of the powers of the Legisiature of the said
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 367 of the Constitution,
and the Bihar and Orissa General Clauses
Act, 1917 (Bihar and Orissa Act No. 1 of
1917), as in force in the State of Jharkhand,
and so much of the General Clauses Act,
1897 (10 of 1897), as applies to State laws,
shall have effect in relation to any such Act
or law as if it were an Act of the Legislature
of the said State.

Camp Kolkata, the 18th January, 2013 PRANAB MUKHERJEE,
President
New Delhi, the 18th January, 2013 [F.No. Wi110131/2013- CSR}

8. SURESH KUMAR, ut. Secy,

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re Be IR, ays af
ORDER
New Delhi, the 18th January, 2013

GSR. 28(E)— The following Order by the President is published
for general information:-

In pursuance of sub-clause (i) of clause (c) of the
Proclamation issued on this, the (day of January, 2043, by me
under article 356 of the Constitution of India, 1 hereby direct that all
the functions of the Government of the State of Jharkhand and all
the powers vested in or exercisable by the Govemor of that State
under the Constitution or under any law in force in that State, which
have been assumed by the President by viriue of clause (a) of the
said Prociamation, shall, subject to the superintendence, direction
‘and control of the President, be exercisable alsa by the Governor of
the said State.

‘Camp Koikata, the 18th January, 2013 PRANAB MUKHERJEE,
President
New Delhi, the 18th January, 2013 [FNo. ¥i11013/1/2013-CSR]

8. SURESH KUMAR, Jt, Secy,

vod Pubes By be Cura Petes, ah