India - Constitution - Directorate General of Mines Safety

India - Constitution - Directorate General of Mines Safety India - Constitution - Directorate General of Mines Safety

10.07.2015 Views

Part VI The StatesChapter I GeneralArticle 152 DefinitionIn this Part, unless the context otherwise required, theexpression "State" does not include the State of Jammu andKashmir.Chapter II The ExecutiveArticle 153 Governors of StatesThere shall be a Governor for each State:Provided that nothing in this article shall prevent theappointment of the same person as Governor for two or moreStates.Article 154 Executive power of State(1) The executive power of the State shall be vested in theGovernor and shall be exercised by him either directly orthrough offices subordinate to him in accordance with thisConstitution.(2) Nothing in this article shall -(a) be deemed to transfer to the Governor any functionsconferred by any existing law on any other authority; or(b) prevent Parliament or the Legislature of the State fromconferring by law functions on any authority subordinate to theGovernor.Article 155 Appointment of GovernorThe Governor of a State shall be appointed by the President bywarrant under his hand and seal.Article 156 Term of office of Governor(1) The Governor shall hold office during the pleasure of thePresident.(2) The Governor may, by writing under his hand addressed tothe President, resign his office.(3) Subject to the foregoing provisions of this article, aGovernor shall hold office for a term of five years from the dateon which he enters upon his office:Provided that a Governor shall, notwithstanding the expirationof his term, continue to hold office until his successor entersupon his office.Article 157 Qualifications for appointment as GovernorNo person shall be eligible for appointment as Governor unlesshe is a citizen of India and has completed the age of thirty-fiveyears.Article 158 Conditions of Governor's office(1) The Governor shall not be a member of either House ofParliament or of a House of the Legislature of any Statespecified in the First Schedule, and if a member of eitherHouse of Parliament or of a House of the Legislature of anysuch State be appointed Governor, he shall be deemed to have

vacated his seat in that House on the date on which he entersupon his office as Governor.(2) The Governor shall not hold any other office of profit.(3) The Governor shall be entitled without payment of rent ofthe use of his official residences and shall be also entitled tosuch emoluments, allowances and privileges as may bedetermined by Parliament by law and, until provision in thatbehalf is so made, such emoluments, allowances andprivileges as are specified in the Second Schedule.(3A) Where the same person is appointed as Governor of twoor more States, the emoluments and allowances payable to theGovernor shall be allocated among the States in suchproportion as the President may by order determine.(4) The emoluments and allowances of the Governor shall notbe diminished during his term of office.Article 159 Oath or affirmation by the GovernorEvery Governor and every person discharging the functions ofthe Governor shall, before entering upon his office, make andsubscribe in the presence of the Chief Justice of the High courtexercising jurisdiction in relation to the State, or, in his absence,the senior most Judge of that Court available, an oath oraffirmation in the following form, that is to say -"I, A.B., do Swear in the name of God / solemnly affirm that Iwill faithfully execute the office of Governor (or discharge thefunctions of the Governor) of ...................... (name of the State)and will to the best of my ability preserve, protect and defendthe Constitution and the law and that I will devote myself to theservice and well-being of the people of .................... (name ofthe State)."Article 160 Discharge of the functions of the Governor incertain contingenciesThe President may make such provision as he thinks fit for thedischarge of the functions of the Governor of a State in anycontingency not provided for in this Chapter.Article 161 Power of Governor to grant pardons, etc., and tosuspend, remit or commute sentences in certain casesThe Governor of a State shall have the power to grant pardons,reprieves, respites or remissions of punishment or to suspend,remit or commute the sentence of any person convicted of anyoffence against any law relating to a matter to which theexecutive power of the State extends.Article 162 Extent of executive power of StateSubject to the provisions of this Constitution, the executivepower of a State shall extend to the matters with respect towhich the Legislature of the State has power to make laws:Provided that in any matter with respect of which theLegislature of a State and Parliament have power to makelaws, the executive power of the State shall be subject to, andlimited by, the executive power expressly conferred by thisConstitution or by any law made by Parliament upon the Unionor authorities thereof.

vacated his seat in that House on the date on which he entersupon his <strong>of</strong>fice as Governor.(2) The Governor shall not hold any other <strong>of</strong>fice <strong>of</strong> pr<strong>of</strong>it.(3) The Governor shall be entitled without payment <strong>of</strong> rent <strong>of</strong>the use <strong>of</strong> his <strong>of</strong>ficial residences and shall be also entitled tosuch emoluments, allowances and privileges as may bedetermined by Parliament by law and, until provision in thatbehalf is so made, such emoluments, allowances andprivileges as are specified in the Second Schedule.(3A) Where the same person is appointed as Governor <strong>of</strong> twoor more States, the emoluments and allowances payable to theGovernor shall be allocated among the States in suchproportion as the President may by order determine.(4) The emoluments and allowances <strong>of</strong> the Governor shall notbe diminished during his term <strong>of</strong> <strong>of</strong>fice.Article 159 Oath or affirmation by the GovernorEvery Governor and every person discharging the functions <strong>of</strong>the Governor shall, before entering upon his <strong>of</strong>fice, make andsubscribe in the presence <strong>of</strong> the Chief Justice <strong>of</strong> the High courtexercising jurisdiction in relation to the State, or, in his absence,the senior most Judge <strong>of</strong> that Court available, an oath oraffirmation in the following form, that is to say -"I, A.B., do Swear in the name <strong>of</strong> God / solemnly affirm that Iwill faithfully execute the <strong>of</strong>fice <strong>of</strong> Governor (or discharge thefunctions <strong>of</strong> the Governor) <strong>of</strong> ...................... (name <strong>of</strong> the State)and will to the best <strong>of</strong> my ability preserve, protect and defendthe <strong>Constitution</strong> and the law and that I will devote myself to theservice and well-being <strong>of</strong> the people <strong>of</strong> .................... (name <strong>of</strong>the State)."Article 160 Discharge <strong>of</strong> the functions <strong>of</strong> the Governor incertain contingenciesThe President may make such provision as he thinks fit for thedischarge <strong>of</strong> the functions <strong>of</strong> the Governor <strong>of</strong> a State in anycontingency not provided for in this Chapter.Article 161 Power <strong>of</strong> Governor to grant pardons, etc., and tosuspend, remit or commute sentences in certain casesThe Governor <strong>of</strong> a State shall have the power to grant pardons,reprieves, respites or remissions <strong>of</strong> punishment or to suspend,remit or commute the sentence <strong>of</strong> any person convicted <strong>of</strong> any<strong>of</strong>fence against any law relating to a matter to which theexecutive power <strong>of</strong> the State extends.Article 162 Extent <strong>of</strong> executive power <strong>of</strong> StateSubject to the provisions <strong>of</strong> this <strong>Constitution</strong>, the executivepower <strong>of</strong> a State shall extend to the matters with respect towhich the Legislature <strong>of</strong> the State has power to make laws:Provided that in any matter with respect <strong>of</strong> which theLegislature <strong>of</strong> a State and Parliament have power to makelaws, the executive power <strong>of</strong> the State shall be subject to, andlimited by, the executive power expressly conferred by this<strong>Constitution</strong> or by any law made by Parliament upon the Unionor authorities there<strong>of</strong>.

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