India - Constitution - Directorate General of Mines Safety
India - Constitution - Directorate General of Mines Safety India - Constitution - Directorate General of Mines Safety
the Proclamation ceases to operate, except as respects thingsdone or omitted to be done before the law so ceases to haveeffect:Provided that where such Proclamation of Emergency is inoperation only in any part of the territory of India, any such lawmay be made, or any such executive action may be taken,under this article in relation to or in any State or Union territoryin which or in any part of which the Proclamation of Emergencyis not in operation, if and in so far as the security of India or anypart of the territory thereof is threatened by activities in or inrelation to the part of the territory of India in which theProclamation of Emergency is in operation.(2) Nothing in clause (1) shall apply -(a) to any law which does not contain a recital to the effect thatsuch law is in relation to the Proclamation of Emergency inoperation when it is made; or(b) to any executive action taken otherwise than under a lawcontaining such a recital.Article 359 Suspension of the enforcement of the rightsconferred by Part III during emergencies(1) Where a Proclamation of Emergency is in operation, thePresident may by order declare that the right to move any courtfor the enforcement of such of the rights conferred by PartIII (except articles 20 and 21) as may be mentioned in the orderand all proceedings pending in any court for the enforcement ofthe rights so mentioned shall remain suspended for the periodduring which the Proclamation is in force or for such shorterperiod as may be specified in the order.(1A) While an order made under clause (1) mentioning any ofthe rights conferred by Part III (except articles 20 and 21) is inoperation, nothing in that Part conferring those rights shallrestrict the power of the State as defined in the said Part tomake any law or to take any executive action which the Statewould but for the provisions contained in that Part becompetent to make or to take, but any law so made shall, to theextent of the incompetency, cease to have effect as soon asthe order aforesaid ceases to operate, except as respectsthings done or omitted to be done before the law so ceases tohave effect:Provided that where a Proclamation of Emergency is inoperation only in any part of the territory of India, any such lawmay be made, or any such executive action may be taken,under this article in relation to or in any State or Union territoryin which or in any part of which the Proclamation of Emergencyis not in operation, if and in so far as the security of India or anypart of the territory thereof is threatened by activities in or inrelation to the part of the territory of India in which theProclamation of Emergency is in operation.(1B) Nothing in clause (1A) shall apply -(a) to any law which does not contain a recital to the effect thatsuch law is in relation to the Proclamation of Emergency inoperation when it is made; or(b) to any executive action taken otherwise than under a lawcontaining such a recital.(2) An order made as aforesaid may extend to the whole or any
part of the territory of India:Provided that where a Proclamation of Emergency is inoperation only in a part of the territory of India, any such ordershall not extend to any other part of the territory of India unlessthe President, being satisfied that the security of India or anypart of the territory thereof is threatened by activities in or inrelation to the part of the territory of Indian in which theProclamation of Emergency is in operation, considers suchextension to be necessary.(3) Every order made under clause (1) shall, as soon as maybe after it is made, be laid before each House of Parliament.Article 359A Application of this Part to the State of Punjab{...}Article 360 Provisions as to financial emergency(1) If the President is satisfied that a situation has arisenwhereby the financial stability or credit of India or of any part ofthe territory thereof is threatened, he may by a Proclamationmake a declaration to that effect.(2) A Proclamation issued under clause (1) -(a) may be revoked or varied by a subsequent Proclamation;(b) shall be laid before each House of Parliament;(c) shall cease to operate at the expiration of two months,unless before the expiration of that period it has been approvedby resolutions of both Houses of Parliament:Provided that if any such Proclamation is issued at a time whenthe House of the People has been dissolved or the dissolutionof the House of the People takes place during the period of twomonths referred to in sub-clause (c), and if a resolutionapproving the Proclamation has been passed by the Council ofStates, but no resolution with respect to such Proclamation hasbeen passed by the House of the People before the expirationof that period, the proclamation shall cease to operate at theexpiration of thirty days from the date on which the house of thePeople first sits after its reconstitution unless before theexpiration of the said period of thirty days a resolutionapproving the Proclamation has been also passed by theHouse of the People.(3) During the period any such Proclamation as is mentioned inclause (1) is in operation, the executive authority of the Unionshall extend to the giving of directions to any State to observesuch canons of financial propriety as may be specified in thedirections, and to the giving of such other directions as thePresident may deem necessary and adequate for the purpose.(4) Notwithstanding anything in this constitution -(a) any such direction may include -(i) a provision requiring the reduction of salaries and allowancesof all or any class of persons serving in connection with theaffairs of a State;(ii) a provision requiring all Money Bills or other Bills to whichthe provisions of article 207 apply to be reserved for theconsideration of the President after they are passed by theLegislature of the State;(b) it shall be competent for the President during the period anyProclamation issued under this article is in operation to issue
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part <strong>of</strong> the territory <strong>of</strong> <strong>India</strong>:Provided that where a Proclamation <strong>of</strong> Emergency is inoperation only in a part <strong>of</strong> the territory <strong>of</strong> <strong>India</strong>, any such ordershall not extend to any other part <strong>of</strong> the territory <strong>of</strong> <strong>India</strong> unlessthe President, being satisfied that the security <strong>of</strong> <strong>India</strong> or anypart <strong>of</strong> the territory there<strong>of</strong> is threatened by activities in or inrelation to the part <strong>of</strong> the territory <strong>of</strong> <strong>India</strong>n in which theProclamation <strong>of</strong> Emergency is in operation, considers suchextension to be necessary.(3) Every order made under clause (1) shall, as soon as maybe after it is made, be laid before each House <strong>of</strong> Parliament.Article 359A Application <strong>of</strong> this Part to the State <strong>of</strong> Punjab{...}Article 360 Provisions as to financial emergency(1) If the President is satisfied that a situation has arisenwhereby the financial stability or credit <strong>of</strong> <strong>India</strong> or <strong>of</strong> any part <strong>of</strong>the territory there<strong>of</strong> is threatened, he may by a Proclamationmake a declaration to that effect.(2) A Proclamation issued under clause (1) -(a) may be revoked or varied by a subsequent Proclamation;(b) shall be laid before each House <strong>of</strong> Parliament;(c) shall cease to operate at the expiration <strong>of</strong> two months,unless before the expiration <strong>of</strong> that period it has been approvedby resolutions <strong>of</strong> both Houses <strong>of</strong> Parliament:Provided that if any such Proclamation is issued at a time whenthe House <strong>of</strong> the People has been dissolved or the dissolution<strong>of</strong> the House <strong>of</strong> the People takes place during the period <strong>of</strong> twomonths referred to in sub-clause (c), and if a resolutionapproving the Proclamation has been passed by the Council <strong>of</strong>States, but no resolution with respect to such Proclamation hasbeen passed by the House <strong>of</strong> the People before the expiration<strong>of</strong> that period, the proclamation shall cease to operate at theexpiration <strong>of</strong> thirty days from the date on which the house <strong>of</strong> thePeople first sits after its reconstitution unless before theexpiration <strong>of</strong> the said period <strong>of</strong> thirty days a resolutionapproving the Proclamation has been also passed by theHouse <strong>of</strong> the People.(3) During the period any such Proclamation as is mentioned inclause (1) is in operation, the executive authority <strong>of</strong> the Unionshall extend to the giving <strong>of</strong> directions to any State to observesuch canons <strong>of</strong> financial propriety as may be specified in thedirections, and to the giving <strong>of</strong> such other directions as thePresident may deem necessary and adequate for the purpose.(4) Notwithstanding anything in this constitution -(a) any such direction may include -(i) a provision requiring the reduction <strong>of</strong> salaries and allowances<strong>of</strong> all or any class <strong>of</strong> persons serving in connection with theaffairs <strong>of</strong> a State;(ii) a provision requiring all Money Bills or other Bills to whichthe provisions <strong>of</strong> article 207 apply to be reserved for theconsideration <strong>of</strong> the President after they are passed by theLegislature <strong>of</strong> the State;(b) it shall be competent for the President during the period anyProclamation issued under this article is in operation to issue
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