¹ THECONSTITUTION (REMOVAL OF DIFFICULTIES)ORDERNo. XI

C.O.99

In exercise of the powers conferred by clause (o)of article 371Fof the Constitution of India and of allother powers enablinghim in this behalf, thePresident is pleased to make the followingOrder, namely:--

1.(1)ThisOrder may be called theConstitution (Removal of Difficulties)OrderNo. XI.

(2)Itshall come into force at once.

2.The Governor of Sikkimshall, before entering uponhis office, make andsubscribe the oath oraffirmation prescribed in article 159of the Constitution in presence of the Judge appointed to perform the duties ofthe office of the Chief Justice of theHigh Court for that State,notwithstanding that such Judge has not made andsubscribed the oath oraffirmation under article 219of the Constitution.

3.The allowances and privileges of the Governor of Sikkimshall, until provision in thatbehalf is made by Parliament by law under clause (3)of article 158of the Constitution, be such as the President may, byorder² , determine.

4.The Governor of Sikkim may authorise by one or moreorders such expenditure from the Consolidated Fund of the State of Sikkimas he deems necessary for a period of not more than six months beginning withthe 26th day of April, 1975, pending the sanction of such expenditure by theLegislative Assembly of the Slate of Sikkim.

5.The salaries and allowances of Ministers for the State of Sikki'mshall, until they are determined by the Legislature of the State by lawunder clause (5) of article 164 of the Constitution, be such as the Governor ofSikkim may, by order, determine.

6.The salaries and allowances of the Speaker and the Deputy Speaker of theLegislative Assembly of the State of Sikkimshall, until provision in thatbehalf is made by the Legislature of the State of Sikkim by law under article 186of the Constitution, be such as the Governor of Sikkim may, byorder, fix.

7.The salaries and allowances of themembers of the LegislativeAssembly of the State of Sikkimshall, until provision in thatrespect is made by the Legislature of the State of Sikkim by law under article 195of the Constitution, be such as the Governor of Sikkim may, byorder, determine.

8.Until the Legislature of the State of Sikkimotherwise provides by law, theEnglish languageshall continue to be used forthose official purposes within the State for which it was being used immediatelybefore the 26thday of April, 1975.

9.Article 210of the Constitutionshall have effect as if thefollowing further proviso were added to clause (2)thereof, namely:--

'Providedfurther that in relation to the Legislature of the State of Sikkim this clauseshall have effect as if for thewords "fifteen years from the commencement of this Constitution"occurring therein, the words "fifteen years from the commencement of theConstitution (Thirty-sixth Amendment) Act, 1975"weresubstituted.".

10.Until rules are made under clause (1)of article 208of the Constitution by the Legislature of the State of Sikkim, the rules as toprocedure and conduct of business in force immediately before the 26thday of April, 1975,with respect to the Sikkim Assemblyshall have effect in relation tothe Legislature of the State of Sikkimsubject to such modificationsand adaptations as may be made therein by the Governor of Sikkim.

11.Notwithstanding that no provision or insufficient provision has been made underclause (1)of article 371Fof the Constitution for the adaptation of a law in force immediately before the 26thday of April, 1975,in the terri(ories comprised in the State of Sikkim, any court, tribunal orauthority required or empowered to enforce such law may, for the purpose offacilitating its application in relation to the State of Sikkim, construe thelaw in such manner, without affecting thesubstance, as may be necessaryor proper in regard to the matter before the court, tribunal or authority.

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1.Published with the Ministry ofLaw, Justice and Company Affairs (Legislative Department) NotificationNo. S.O. 206(E), dated the 16thMay, 1975,Gazette of India, Extraordinary, 1975,Part II, Section 3(i),page 1203.

2.infra.