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The Commissions of Inquiry Act, 1952

INTRODUCTION

Before the enactment of Commissions of Inquiry, Act, 1952, the government ordered public inquiry either by executive notice under the Public Service Inquiries Act, 1850 or by making add hoc legislation. To meet the ever-growing need for ever-increasing demand for public inquiries by independent and impartial authority the procedure adopted by the government was found to be cumbersome and inadequate. Hence the need was felt that a suitable legislation be brought out on the subject, resulting in the introduction of the Commissions of Inquiry Bill, 1952 in the Parliament.

ACT 60 OF 1952

The commissions of Inquiry Bill, 1952 was passed by both the Houses of Parliament and after being assented by the President of India it became the Commissions of Inquiry Act, 1952 (60 of 1952)

LIST OF AMENDING ACTS

1. The commissions of Inquiry (Amendment) Act, 1971 (79 of 1971)

2. The Delegated Legislation Provisions (Amendment) Act, 1985 (4 of 1986)

3. The Commission of Inquiry (Amendment) Act, 1986 (36 of 1986)

4. The Commissions of Inquiry (Amendment) Act, 1988 (63 of 1988)

5. The Commissions of Inquiry (Amendment) Act, 1990 (19 of 1990)

Preamble

(14th August, 1952)

An act to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers.

1. Short title, extend and commencement –

ACT NO. 60 OF 1952

1*AN ACT TO PROVIDE FOR THE APPOINTMENT OF COMMISSIONS OF I NQUIRY ANDFOR VESTI

[14th August, 1952.]

BE it enacted by Parliament as follows: –

(1) This Act may be called the Commissions of Inquiry Act, 1952.

1[(2) It extends to the whole of India:

Provided that it shall apply to the State of Jammu and Kashmir only in so far as it relates to inquiries pertaining to matters relatable to any of the entries enumerated in List I or List III in the Seventh Schedule to the Constitution as applicable to that State.]

(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.

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1. Subs. by Act 79 of 1971, sec. 2, for sub-section (2) (w.e.f. 30-12-1971).

2. Came into force on 1-10-1952, vide S.R.O. 1670, dated the 30th September, 1952, published in the Gazette of India, Extra., Pt. II, Sec. 3, p. 861.

This Act, as amended by Act 79 of 1971, came into force in the State of Jammu and Kashmir on 6-3-1972 and in the districts of Kohima and Mokokchung in the State of Nagaland on 15-2-1972, vide Notification Nos. 94(E), dated 4th March, 1972 and 74(E), dated 14th February, 1972 respectively, issued under section 15 of Act 79 of 1971.

2. Definitions – In this Act, unless the content otherwise requires-

(a) “Appropriate Government” means –

(i) The Central Government, in relation to a Commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in List 1 or List III in the Seventh Schedule to the Constitution , and

(ii) The State Government, in relation to a Commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in List II or List III in the Seventh Schedule to the Constitution.

1 Provided that in relation to the State of Jammu and Kashmir, these clauses shall have effect subject to the modification that-

(b) In sub clause (I) thereof, for the words and figures “List 1 or List II or List III in the Seventh Schedule to the Constitution” , the words and figures, List 1 or List III in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir” shall be substituted.

(c) In sub clause- (ii) thereof, for the words an figures “List II or list III in the Seventh Schedule to the Constitution, the words and figures

“List III in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir ” shall be substituted.

(d) “Commission” means a Commission of Inquiry appointed under Section 3

(e) “Prescribed” means prescribed by rules made under this Act.

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1. Added by Act 79 of 1971, sec. 3 (w.e.f. 30-12-1971).

2A. Construction of references to laws not in force in the State of Jammu and Kashmir –

1 Any reference in this Act to a law, which is not in force in the State of Jammu and Kashmir, shall, in relation to that State , be construed as a reference to the corresponding law, if any, in force in that State.

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1. Ins. by Act 79 of 1971, sec. 4 (w.e.f. 30-12-1971).

3. Appointment of Commission –

(1) The appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if resolution in this behalf is passed by 2each House of Parliament or, as the case may be, the Legislature of the State, by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and with such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly.

Provided that where any such Commission has been appointed to inquire into any matter-

(a) By the Central Government, no State Government shall, except with the approval of the Central Government, appoint another Commission to inquire into the same mater for so long as the Commission appointed by the Central Government is functioning.

(b) By a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is functioning, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States.

(2) The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one members, one of them may be appointed as the Chairman thereof.

3(3) [ Note: Ins by Act 79 of 1971, sec.5.] The appropriate Government may, at any stage of an inquiry by the Commission fill any vacancy which may have arisen in the office of a member of the Commission (whether consisting of one or more than one member).

(4) The appropriate Government shall cause to be laid before ( [ Note : Subs. by Act 19 of 1990, sec 2, for certain words.]each House of Parliament, or, as the case may be, the Legislature of the State), the report, if nay, of the Commission on the inquiry made by the Commission under sub section (1) together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the Commission to the appropriate Government.

4[***]

(i) It is essential that formation of opinion by the State Government as to Appointment of any Commission of Inquiry depends on its subjective satisfaction based primarily on an objective or real material and not merely on some vague allegations or hearsay evidence or to make fishing enquiry, State of Madhya Pradesh v. Arjun Singh, AIR 1993 SC 1239.

(ii) Since the appointment as Commission of Inquiry does not necessarily require the qualification of a sitting judge of High Court subsequent of such appointment does not invalidate it, Sardar Malkeet Singh v. State of U.P., AIR 1993 All343.

(iii) Just as a Commission appointed in pursuance to a resolution passed by the State legislature (or, as the case may be, the House of People cease) to exist on a resolution for discontinuance being passed by the appropriate House, similarly a Commission appointed in pursuance to the direction of the court shall cease to exist or discontinue with the government exercising its power under Section 7 of the Act only with the concurrence of such court. Directions of such court to the government in this behalf are in no way usurpation of latter’s power/ discretion. The powers in this regard of State Government and State legislature to constitute commission are independent, State of Orissa, Janamohan Fay, AIR 193 Ori 180.

(iv) Even though it is the discretion of the appropriate Government to set up a Commission under this section, the court can not be silent spectator to deteriorating conditions in the government run hospital and the miserable plight of the patients who, by and large, come from poor and weaker sections of the society. The court can intervene and appoint Commissioner (s) to go into the matter and submit their report (with suggestions of remedial measures to be taken). Thereafter, the court after giving due opportunities to both the parties, it may give such directions as it deems proper in public interest to such appropriate government, Siddha Raj Dhadda v. State of Rajasthan, AIR 1990 Raj 34.

(v) Since the Commission appointed in exercise of executive power was ‘unacceptable’ as it suffered form fundamental infirmities on account of faulty, scrappy and untenable inquiry, there was nothing unreasonable & mala fide on the part of the government in appointing a Commission under this section of the Act, specially in the light of persistent and fervent demands for a further and deeper enquiry, R. Balakrishna Pillai v. State of Kerala, AIR 1989 ker 99.

(vi) By reason of non –placing of report of Commission before the legislature within the time limit prescribed by the relevant provision of this section, such report is not rendered void and the Government is not precluded from acting upon it especially when the legislature has not disapproved it, V. Narayana Rao v. State of A.P., AIR 1987 AP 53.

(vii) Petitioners in a public interest litigation have no legal or statutory right to compel the government to appoint a Commission of Inquiry even if there is a definite case of public importance, nor can the court, in such cases, issue directions to the government in that behalf, People Union for Democrative Rights v. Ministry of Home Affairs, AIR 1985 Del 268.

(viii) Fixation of Conference Hall of Inspection Bungalow of Kerala Sate Electricity Board as venue of siting of commission appointed for inquiry against erstwhile Minister for Electricity was held to be in noway adversely affecting a fair and proper inquiry, S.V. Purushothaman v. State of Kerala, AIR 1983 Ker 118.

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1. This Act has been extended to—

Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Sch.

Dadra and Nagar Haveli by Reg. 6 of 1963, sec. 2 and Sch. I (w.e.f. 1-7-1965).

Pondicherry by Reg. 7 of 1963, sec. 3 and Sch. I (w.e.f. 1-10-1963).

2. Subs. by Act 19 of 1990, sec. 2, for certain words (w.e.f. 28-8-1990).

3. Ins. by Act 79 of 1971, sec. 5 (w.e.f. 30-12-1971).

4. Sub-sections (5) and (6) omitted by Act 19 of 1990, sec. 2 (w.e.f. 28-8-1990). Earlier sub-sections (5) and (6) were inserted by Act 36 of 1986, sec. 2 (w.r.e.f. 14-5-1986).

4. Powers of Commission-

The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely –

1(a)Summoning and enforcing the attendance of any person from any part of India and examining him on oath.

(b) Requiring the discovery and production of any document.

(c) Receiving evidence on affidavits

(d) Requisitioning any public record or copy thereof form any court or office

(e) Issuing commissions for the examination of witnesses or documents

(f) Any other matter which may be prescribed.

COMMENTS

(i) The ambit of this section is too wide to be circumscribed by fetters of stage and its available to and exercisable by the Commission in calling any person concerned including those governed by section 8-B of this Act as witness irrespective of stage of inquiry, Smt. Kiran Bedi and Jinder Singh v. Committee of Inquiry, AIR 1989 SC714.

(ii) As the Commission was not supposed to undertake any elaborate in inquiry, criticism of Commission for not having made thorough investigation due to scarcity or paucity of staff cannot be sustained in view of powers of Commission under this section, V. Narayana Rao v. State of A.P. (FB), AIR 1987 ap 53.

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1. Subs. by Act 79 of 1971, sec. 6, for “summoning and enforcing the attendance of any person” (w.e.f. 30-12-1971).

5. Additional powers of Commission –

(1) Where the appropriate Government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) should be made applicable to a Commission, the appropriate Government may, by notification in the Official Gazette, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly.

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject-matter of the inquiry 2[and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code, 1860 (45 of 1860)].

(3) The Commission or any officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject-matter of the inquiry may be found, and may seize any books of account or documents or take extracts or copies therefrom, subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898 (5 of 1898), in so far as they may be applicable.

(4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898 (5 of 1898), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898.

(5) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

State Amendment

Madhya Pradesh:

For section 5, substitute the following section, namely:—

“ 5. Additional Powers of Commission .—(1) Where the State Government of opinion that having regard to the nature of the Inquiry to be made and other circumstances of the case, all or any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) or sub- section (7) should be made applicable to Commission, the State government may, by notification, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly.

(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for or relevant to, the subject-matter of the inquiry and any person so required shall be bound to furnish such information.

(3) The Commission or any officer, not below the rank of a gazetted officer, specially authorized in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject-matter of the inquiry, may be found, and may seize any such books of account or documents or take extract or copies therefrom, subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898 (Act V of 1898), in so far as they may be applicable.

(4) The Commission shall be deemed to be a civil Court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228, of the Indian Penal Code, 1860 (Act XLV of 1860), is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for by the Code of Criminal Procedure, 1897 (Act V of 1898), forward the case to a magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898, (Act V of 1898).

(5) If any person, by words either spoken or intended to be read, makes or publishers any statement or does any other act which is calculated to bring the Commission or any members thereof into disrepute, he shall be punishable with simple imprisonment which may extend to two years or with fine or with both.

(6) The provisions of section 198B of the Code of Criminal Procedure, 1898 (Act V of 1898), shall apply in relation to an offence under sub-section (5) as they apply in relation to an offence referred to in sub-section (1) of the said section 198B, subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the State Government.

(7) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Act XLV of 1860).”

[Vide Commissions of Inquiry (Madhya Pradesh Amendment) Act, 1966 (M.P. Act 29 of 1966), sec. 2 (w.e.f. 22-10-1966.]

West Bengal :

In section 5, in sub-section (3), add the following Explanation , namely:—

“ Explanation .—For the purpose of sub-section (3), any police officer of or above the rank of Inspector of Police shall be deemed to be a gazetted officer.”

[Vide Commissions of Inquiry (West Bengal Amendment) Act, 1980 (W.B. Act 49 of 1980) (w.e.f. 24-1-1981).]

After section 5, insert the following section, namely:—

5AA. Power to authorise a Commission to try certain offences summarily. —(1) Where the person or, as the case may be, one at least of the persons constituting a Commission appointed by the State Government is a person who is holding or has held the office of a Judge of the Supreme Court or of a High Court or any other judicial office not lower in rank than that of a Sessions Judge and the State Government is of opinion that, having regard to the nature of inquiry to be made and other circumstances of the case, the provisions of this section should be made applicable to such Commission, the State Government may, by notification in the Official Gazette, direct that the provisions of this section apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly.

(2) If any stage of a proceeding before the Commission it appears to the Commission that any person appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, the Commission may, if satisfied that it is necessary and expedient in the interest of justice that the person should be tried summarily for giving or fabricating, as the case may be, false evidence, taken cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure prescribed for summary trials under the Code of Criminal Procedure, 1973 and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or to both.

(3) When any such offence as is described in section 175, section 178, section 179 or section 180 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may cause the offender to be detained in custody and may, at any time on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to simple imprisonment for a term which may extend to one month, or to fine which may extend to five hundred rupees, or to both.

(4) In every case tried under sub-section (3), the Commission shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence.

(5) Any person convicted on a trial held under sub-section (2) or sub-section (3) may appeal to the High Court and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

(6) The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in sub-section (4) of section 5 but nothing in this section shall affect the power (if any) of the Commission to proceed under sub-section (4) of section 5 in respect of any offence, where it does not choose to proceed under this section.

(7) Words and expressions used in this section and not defined in this Act shall have the same meanings as in the Code of Criminal Procedure, 1973.

[Vide The Commissions of Inquiry (West Bengal Amendment) Act, 1974 (W.B. Act 51 of 1974), sec. 6 (w.e.f. 12-12-1974).]

COMMENTS

(i) A Commission even though adopts a procedure of legal character and has power to administer an oath, is incapable of delivering a ‘definite judgment’ making it ‘unfit’ for the status of a court, particularly for the purposes of section 195 of Code of Criminal Procedure, 1974; Dr. Baliram Waman Hiraj v. Mr. Justice B. Lentin, AIR 1988 SC 2267.

(ii) The Commission does not enjoy the status of an adjudicating body and its inquiry is neither judicial nor quasi-judicial in nature. It is a civil court by fiction of law, for only limited purposes enumerated under the relevant provision of this section; Md. Ibrahim Khan v. Susheel Kumar, AIR 1983 AP 69.

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1. This Act has been extended to—

Goa, Daman and Diu by Reg. 12 of 1962, sec. 3 and Sch.

Dadra and Nagar Haveli by Reg. 6 of 1963, sec. 2 and Sch. I (w.e.f. 1-7-1965).

Pondicherry by Reg. 7 of 1963, sec. 3 and Sch. I (w.e.f. 1-10-1963).

2. Ins. by Act 79 of 1971, sec. 7 (w.e.f. 30-12-1971).

5A. Power of Commission to utilise the service of certain officers and investigation agencies for conducting investigation pertaining in inquiry –

1 (1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the service,-

(a) in the case of a Commission appointed by the Central Government, of any officer or investigation agency of the Central Government or any State Government, as the case may be, or

(b) in the case of a Commission appointed by the State Government, of any officer or investigation agency of the State Government or Central Government with the concurrence of the State Government or the Central Government, as the case may be –

(2) For the purpose of investigation into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub section (1) may , subject to the direction and control of the Commission.

(a) summon and enforce the attendance of any person and examine him

(b) require the discovery and production of any document, and

(c) requisition any public record or copy thereof form any office

(3) The provisions of section 6 shall apply in relation to any statement made by a person before any officers or agency whose services are utilised under sub section (1) as they apply in relation to any statement made by a person in the course of giving evidence before the commission.

(4) The officer or agency, whose services are utilised sub section (1) shall investigation into any matter pertaining to the inquiry and submit a report thereon (hereafter in this section referred to as the investigation report) to the Commission within such period as may be specified by the Commission in this behalf.

(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusions, if any, arrived at in the investigation report submitted to it under sub section 94),and for this purpose the Commission may make such inquiry (including the examination of the person persons who conducted or assisted in the investigation) as it thinks fit.

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1. Ins. by Act 79 of 1971, sec. 8 (w.e.f. 30-12-1971).

5B. Power of Commission to appoint assessors-

1The Commission may, for the purpose of conducting any inquiry, appoint persons having special knowledge of any matter connected with the inquiry as assessors, to assist and advise the Commission in the inquiry and the assessors shall be entitled to such traveling and other expenses as may be prescribed.

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1. Ins. by Act 63 of 1988, sec. 2 (w.e.f. 10-12-1988).

6. Statements made by persons to the Commission –

No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement.

Provided that the statement –

(a) Is made in reply to a question which he is required by the Commission to answer, or

(b) Is relevant to the subject matter of the inquiry.

Comments

Statements made by witness before a Commission could be used in a criminal trial neither for the purpose of cross-examination to contradict the witness nor to impeach his credit. Neither the copies of statements made by witnesses before the Commission could be supplied to the accused as prayed for nor the Report of the Commission could be summoned being of no evidentiary value in such trial, owing to restrictions contained in this section of the Act. ( Smt. Indira Gandhi Murder case ) Kehar Singh v. State (Delhi Admn.) AIR 1988 SC 1883.

6A. Persons not obliged to disclose secret process of manufacture of goods in certain cases-

1 Except in cases where a Commission in expressly required to inquire into the process of manufacture of any goods, nothing in this Act shall be deemed to compel any person giving evidence before the Commission to disclose any secret process of manufacture thereof.

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1. Ins. by Act 79 of 1971, sec. 9 (w.e.f. 30-12-1971).

7. Commission to cease to exist when so notified-

1(1) The appropriate Government may, by notification in the Official Gazette, declare that-

(a) A Commission other than a Commission appointed in pursuance of a resolution passed by ( [ Note: Subs. by Act 19 of 1990, sec. 3, for certain words] each House of Parliament or, as the case may be, the Legislature of the State) shall cease to exist, if it is of opinion that the continued existence of the Commission is unnecessary.

(b) A Commission appointed in pursuance of a resolution passed by2 each House of Parliament or, as the case may be, the Legislature of the State shall cease to exist if a resolution for the discontinuance of the Commission is passed by [ Note: Subs. by Act 19 of 1990, sec. 3, for certain words] each House of Parliament or, as the case may be, Legislature of the State.

(2) Every notification issued under sub section (1) Shall specify the date from which the Commission shall cease to exist and on the issue of such notification, the Commission shall cease to exist with effect from the date specified therein.

COMMENTS

If in the opinion of the Government the Commission had collected sufficient necessary material for an effective and expeditious examination by an expert officer for making necessary decision(s) and thus, further continuance of the said inquiry was wholly unnecessary, there was no malice or influence of collateral considerations in the exercise of its discretionary power by the Government to discontinue the said inquiry; State of Gujarat v. Consumer & Education Research Centre, AIR 1984 SC 652.

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1. Subs. by Act 79 of 1971, sec. 10, for section 7 (w.e.f. 30-12-1971).

2. Subs. by Act 19 of 1990, sec. 3, for certain words (w.e.f. 28-8-1990).

8. Procedure to be followed by the Commission –

The commission shall, subject to any rules that may be made in this behalf, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) 1

Comments

The Commission of Enquiry has full power and jurisdiction to fix its own place of siting (s). if the affected persons (or petitioners) approach or make a request to the Commission in that behalf, the Commission can also consider to hold it sitting at some other place if it is satisfied that it would be safer and convenient to do so at such a place, Sardar Malkett Singh V. State of U.P., AIR 1993 ALL 343.

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1. Certain words omitted by Act 79 of 1971, sec. 11 (w.e.f. 30-12-1971).

8A. Inquiry not to be interrupted by reason of vacancy or change in the constitution of the Commission-

1(1) Where the Commission consists of two or more members, it may act notwithstanding the absence of the Chairman or any other member or any vacancy among its member.

(2) Where during the course of an inquiry before a Commission, a change has taken place in the constitution of the Commission by reason of any vacancy having, been filled or by any other reason, it shall not be necessary for the Commission to commence the inquiry a fresh and the inquiry may be continued from the stage at which the change took place.

Comments

Sub section (2) does not cover reconstitution of Commission by replacement or substitution of existing member. It only deals with an eventuality, such as decrease in the number of members, when the original number is more than one, and the vacancy remains unfilled, State of Madhya Pradesh v. Ajay Singh, AIR SC 825.

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1. Ins. by Act 79 of 1971, sec. 12 (w.e.f. 30-12-1971).

8B. Persons likely to be prejudicially affected to be heard –

1If, at any stage of the inquiry, the Commission-

(a) Considers it necessary to inquire into the conduct of any person or

(b) Is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry.

The commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence.

Provided that nothing in this section shall apply where the credit of a witness is being impeached.

Comments

If witnesses otherwise satisfy the requisite conditions of this provisions so as to come under its ambit, they have to be examined at the end of the inquiry and not at the beginning thereof, irrespective of the fact of issue of notices to them which conditions is definitely not an essential ontemplation under this provision, Kiran Bedi v. Committee of Inquiry, AIR 1988 SC 2252.

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1. Ins. by Act 79 of 1971, sec. 13 (w.e.f. 30-12-1971).

8C. Right of cross examination and representation by legal practitioner –

1The appropriate Government, every person referred to in section 8B and, with the permission of the Commission, any other person whose evidence is recorded by the Commission.-

(a) May cross- examine a witness other than a witness produced by it or him,

(b) May address the Commission and

(c) May be represented before the Commission by a legal practitioner, or with the permission of the Commission, by and other person.

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1. Ins. by Act 79 of 1971, sec. 13 (w.e.f. 30-12-1971).

9. Protection of action taken in good faith –

No suit or other legal proceeding shall lie against the appropriate Government, the Commission or any member thereof, or any person acting under the direction either of the appropriate Government or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders may there under or in respect of the publication, by or under the authority of the appropriate government or the Commission, of any report, paper or proceedings.

10. Members, etc., to be public servants –

Every member of the Commission and every officer appointed or authorised by the Commissioner in exercise of functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal code, 1860 (45 of 1860).

10A. Penalty for acts calculated to bring the Commission or any member thereof into disrepute –

1 (1) if any person, by words either spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Commissioner or any member thereof into disrepute, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine, or with both.

(2) 2 Notwithstanding anything contained in the code of Criminal Procedure, 1973 (2 f 1974), when an offence under sub section (1) is alleged to have been committed, the High Court may take cognizance of such offence, without the case being committed to it, into a complaint in writing, made by a member of a commission or an officer of the Commission authorised by it in this behalf.

(3) Every complaint referred to it in such section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.

(4) No High Court shall take cognizance of an offence under sub section (1) unless the complaint is made within six months form the date of which the offence is alleged to have been committed.

(5) A High Court taking cognizance of an offence under sub section (1) shall try the case in accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report before a court of a Magistrate.

Provided that the personal attendance of a member of a Commission as a complainant or otherwise is not required in such trial.

(6) Notwithstanding anything contained in the code of Criminal Procedure, 1973 (2 of 1974) an appeal shall lie as a matter of right from any judgement of the High Court to the Supreme Court, both on facts and on law.

(7) Every appeal to the Supreme Court under sub section (6) shall be preferred within a period of thirty days from the date of judgement appealed from

Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the period of thirty days.

Provided that a Commission shall sit in private on a request being made by the Central Government in that behalf.

———————–

1. Ins. by Act 79 of 1971, sec. 13 (w.e.f. 30-12-1971).

2. Subs. by Act 63 of 1988, sec. 3, for sub-section (2) (w.e.f. 10-12-1988).

11. Act to apply to other inquiring authorities in certain cases –

Where any authority (by whatever name called), other than a Commission appointed under section 3, has been or is set up under any resolution or order of the appropriate Government for the purpose of making an inquiry into any definite matter of public importance and that Government is of opinion that all or any of the provisions of this Act should be made applicable to that authority, that Government may, subject to the prohibition contained in the proviso to sub section (1) of section 3, by notification in the Official Gazette, direct that the said provisions of this Act shall apply to that authority, and on the issue of such a notification that authority shall be deemed to be a Commission appointed under Section 3 for the purposes of this Act.

12. Power to make rules –

(1) The appropriate Government may, by notification in the Official Gazette, make rules to carry out the purpose of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) The term of office and the conditions of service of the members of the Commission

(b) The manner is which inquires may be held under this Act and the procedure to be followed by the Commission in respect of the proceedings before it.

(c) The powers of civil court which may be vested in the Commission

1(cc) [ Note: Ins. by Act 79 of 1971, sec. 14.] The traveling and other expenses payable to assessors appointed under section 5B, and to person summoned by the Commission to give evidence or to produce documents before it.

(a) Any other matter which has to be, or may be, prescribed.

2(3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 3( in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid) both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

4(4) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the Legislature.

——————————-

1. Ins. by Act 63 of 1988, sec. 4 (w.e.f. 10-12-1988).

2. Ins. by Act 79 of 1971, sec. 14 (w.e.f. 30-12-1971).

3. Subs. by Act 4 of 1986, sec. 2 and Sch., for certain words (w.e.f. 15-5-1986).

4. Ins. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986).

Rule

THE COMMISSIONS OF INQUIRY (CENTRAL) RULES, 1972

THE COMMISSIONS OF INQUIRY (CENTRAL) RULES, 1972

[Note : vide Notification No. G.S.R. 899, dated 15 th July, 1972]

In exercise of the powers conferred by section 12 of the Commission of Inquiry Act, 1952 (60 of 1952), the Central Government hereby makes the following Rules, namely:-

1. Short title, Commencement and Application- (1) These rules may be called the Commissions of Inquiry (Central\) Rules, 1972

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) They shall apply to a Commission of Inquiry appointed by the Central Government under section 3 of the Commission of Inquiry Act, 1952

2. Definitions – In these Rules unless the context otherwise requires –

(a) ‘Assessor’ means an assessor appointed under these Rules.

(b) ‘Commission’ means a Commission on inquiry appointed by the Central Government under Section 2 of the Commissions of Inquiry Act, 1952.

3. Election of a Presiding Officer for a Meeting-

(1) Where a Commission consists of 3 or more members, then during the temporary absence of the Chairman thereof, the members present and participating in its proceedings, may elect one member form amongst themselves, to preside, for the time being, in respect of the said proceedings. (2) The member who presides temporarily under sub-rule (1) shall not be deemed to be the Chairman of the Commission.

4. The Issue and Service of Summons –

(1) A Commission may issue summons to persons whose attendance before it may be required either to give evidence or to produce documents. (2) Every summons issued by a Commission shall be in duplicate and shall be signed by the Chairman thereof or by such persons as he may empower in this behalf. It shall be sealed with the seal of the Commission and shall specify the time and a place at which the person summoned is required to attend and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both the purposes.

(3) A person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.

(4) A person may be summoned to produce a document , without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such documents to be produced instead of attending personally to produce the same.

(5) Every summons shall be served by sending it by post to the person, for whom it is intended or in such other manners as the Commission may direct.

(6) The provisions of sub rules (1) to (5) shall apply, as far as may be, to every other process issued by a Commission.

5. Procedure of Inquiry –

(1) A Commission may sit in public or in private as it thinks fit: Provided that a Commission shall sit in private on request being made by the Central Government in that behalf.

(2) A Commission shall, as soon as may be after its appointment-

(a) Issue a notice to every person, who in its opinion should be given an opportunity of being heard in the inquiry, to furnish to the Commission a statement relating to such matters as may be specified in the notice.

(b) Issue a notification, to be published in such manner as it may deem fit, inviting all persons acquainted with the subject matter of the inquiry to furnish to the Commission a statement relating to such matters as may be specified in the notification.

(3) Every statement furnished under clause (a) of sub rule (2) shall be accompanied by an affidavit in support of the facts set out in the statement sworn by the person furnishing the statement.

(4) Every person furnishing a statement under clause (a) of sub rule (2) shall also furnish to the commission along with the statement a list of the documents, if any, on which he proposes to rely and forward to the Commission, wherever practicable the originals or true copies of such of the documents as may be in his possession or control and shall state the names and address of the person from whom the remaining documents may be obtained.

(5) (a) A Commission shall examine all statements furnished to it under clause (b) of sub rule (2) and if, after such examination, the Commission considers it necessary to record evidence, it shall first record the evidence, if any , produced by the Central Government and may thereafter record evidence in such orders as it may deem fit.

(i) The evidence of any person who has furnished a statement under clause (a) of sub rule (2) and whose evidence the Commission having regard to the statement, consider relevant for the purpose of the inquiry and

(ii) The evidence of any person whose evidence, in the opinion of the Commission, is relevant to the inquiry.

Provided that the Commission may dispense with the attendance of any person for the purpose of giving evidence before it, if in its opinion-

(i) Such attendance cannot be enforced except by causing undue hardship or inconvenience to that person.

(ii) Such attendance should be dispensed with for any other sufficient reason to be recorded by it in writing.

(b) If, after all the evidence is recorded under clause (a) of sub rule (5), the Central Government applies to the Commission to recall any witness already examined or to examine any new witness, the Commission, if satisfied that it is necessary for the proper determination of any relevant fact to do so, shall recall such witness or examine any such new witness.

(6) [ Note: Subs by G.S.R. 987, dated 29 th August, 1974.] Travelling and other expenses as the Commission may deem reasonable shall be paid to a person who is communed to assist the Commission at the stage of the preliminary investigation or to give evidence or to produce documents before a Commission.

(7) The Commission shall have the power of a civil court to make cola investigation, either personally or through any person, duly authorized by it into any matters falling within its terms of reference.

(8) A Commission shall have the power to regulate its own procedure in respect any matter for which no provision is made in these Rules.

6. Appointment of Assessors-

(a) The Central Government or, with the previous approval of the Central Government, a Commission, may, from time to time, appoint one or more assessors to assist and advise the Commission on any matter connected with the inquiry.

(b) It shall be the duty of the assessors to assist and advise the Commission on any matter which the Commission may consult them in the course of its inquiry.

Provided that the advise tendered by the assessor shall not be binding on the Commission.

(c) The Commission shall have the power to regulate the manner in which it may consult the assessors.

(d) [ Note: Subs by G.S.R. 987, dated 29 th August, 1974.] The Central Government or, with the previous approval of the Central Government, the Commission, may determine the traveling allowance, daily allowance and other incidental expenses that may be paid to such assessors.

7. Retention of Records-

The report of a Commission and the papers relating to its secretariat, its establishment matters and all other matters handled by or in the Commission including the evidence tendered before the Commission shall be preserved intact by the Commission and shall be remitted with the Report of the Commission.

8. Repeal and savings-

(1) The Commission of Inquiry (Assessors) Rules, 1954, the rules for the issue and service of summons by the Commission of Inquiry, published with the notification of the Government of India in the Ministry of Home Affairs, No. 16/1/55-Judicial (1) dated 27.7.1995, the Central Commissions of Inquiry (Procedures) Rules, 1960, and Central Commissions of Inquiry (Local Investigation) Rules, 1970 are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of any of the Rules referred to in sub-rule (1) shall be deemed to have been done or taken under the corresponding provisions of the Commissions of Inquiry (Central) Rules, 1972.

Bydeb

Representation of the People (Amendment) Act, 2008

REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 20081

[Act No. 10 of 2008]

[March 28, 2008]

Prefatory Note-Statement of Objects and Reasons.-Under the provisions of Articles 82 and 170(3) of the Constitution, as amended by the Constitution (Eighty-fourth Amendment) Act, 2001, Parliament enacted the Delimitation Act, 2002. In terms of the provisions contained in the Delimitation Act, the Delimitation Commission was set up to readjust the division of each State and Union territory into territorial constituencies for the purpose of elections to the House of the People and to the State Legislative Assemblies on the basis of 2001 Census.

2. The Delimitation Commission has since completed the delimitation work in respect of 25 States/Union territories and accordingly issued final orders under Sections 8 and 9 of the Delimitation Act. Recently, the Delimitation (Amendment) Ordinance, 2008 (Ordinance 1 of 2008) was promulgated on 14th January, 2008 to insert new Sections 10-A.and 10-B in the Delimitation Act. Section 10-A of the Delimitation Act empowers the President to defer delimitation exercise in a State in certain cases. In view of the prevailing conditions in North-East States of Arunachal Pradesh, Assam, Manipur and Nagaland, four orders to defer the delimitation exercise in these States have been issued by the President on 8th February, 2008. Section 10-B of the Delimitation Act has nullified the Delimitation Commission’s orders issued with respect to the State of Jharkhand.

3. In view of the above, in the States of Arunachal Pradesh, Assam, Manipur, Nagaland and Jharkhand, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 will continue to apply. The final orders in respect of the remaining 24 States/Union territories (except the State of Jharkhand) were required to be brought into force as provided in the second proviso to Article 82 and the second proviso to clause (3) of Article 170 of the Constitution by specifying the date by the President, as to when the re-adjustments shall take effect. In pursuance of the above provisions, the Presidential Order has been issued on 19th February, 2008 making delimitation orders issued by the Delimitation Commission under the Delimitation Act, effective from immediate effect in all the 22 States/Union territories except in the States of Tripura and Meghalaya in which case, the delimitation order shall take effect from 20th March, 2008 after the elections to the Legislative Assemblies in these States are over on 19th March, 2008.

4. The Representation of the People Act, 1950 (43 of 1950) (the RP Act) provides for the allocation of seats in and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislatures of the States, preparation of electoral rolls, etc., and for matters connected therewith. The First Schedule and the Second Schedule to the said Act provides for allocation of seats in the House of the People and the total number of seats in the Legislative Assemblies along with the number of seats reserved for the Scheduled Castes and the Scheduled Tribes therein. With the issuance of the Presidential Order specifying the date on which the delimitation orders notified by the Delimitation Commission shall take effect, it is necessary to amend the relevant provisions and the First and the Second Schedule to the RP Act to reflect the changes made by the delimitation orders notified by the Delimitation Commission.

5. In the Bill, it is also proposed to insert new Section 8-A in the RP Act, which will enable the Election Commission to conduct delimitation exercise in the North-East States (where delimitation exercise had been deferred in the exigencies of the prevailing conditions), as soon as the conditions in these States become conducive to the conduct of delimitation work. Sections 8 and 9 of the RP Act are proposed to be amended to enable the Election Commission to consolidate the delimitation orders issued by the Delimitation Commission into a single order by superseding the existing Delimitation of Parliamentary and Assembly Constituencies Order, 1976 having regard to Sections 10-A and 10-B of the Delimitation Act, 2002.

6. The Bill seeks to achieve the abovesaid objectives.

An Act further to amend the Representation of the People Act, 1950

Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

——————

1. Received the assent of the President on March 28, 2008 and published in the Gazette of India, Extra., Part II, Section 1

1. Short title and commencement

(1) This Act may be called the Representation of the People (Amendment) Act, 2008.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of Section 4

In Section 4 of the Representation of the People Act, 1950 (43 of 1950) (hereinafter referred to as the principal Act), for sub-section (5), the following sub-section shall be substituted, namely:-

“(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.”

3. Amendment of Section 7

In Section 7 of the principal Act,-

(i) in sub-section (IB), in clause (a), for the words “thirty-nine seats”, the words “fifty-nine seats” shall be substituted;

(ii) for sub-section (3), the following sub-section shall be substituted, namely:-

“(3) The extent of each assembly constituency in all the States and Union territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.”

4. Amendment of Section 8

In Section 8 of the principal Act,-

(i) for sub-section (1), the following sub-section shall be substituted, namely:-

“(1) Having regard to all the orders referred to in sub-section (5) of Section 4 and sub-section (3) of Section 7 relating to the delimitation of parliamentary and assembly constituencies in all States and Union territories, except the State of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall-

(a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency;

(b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made ‘ applicable pursuant to the orders made by the President under Section 10-A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of Section 10-B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand, consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of Section 4 and sub-section (3) of Section 7 and shall have the force of law and shall not be called in question in any court.”

(ii) in sub-section (3), for the words, brackets and figures “as provided in sub-section (5) of Section 10 of the Delimitation Act, 1972 (76 of 1972)”, the words, brackets and figures “as provided in sub-section (5) of Section 10 of the Delimitation Act, 2002 (33 of 2002)” shall be substituted.

5. Insertion of new Section 8-A

After Section 8 of the principal Act, the following section shall be inserted, namely:-

“8-A. Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland.

(1) If the President is satisfied that the situation and the conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur and Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.

(2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of Section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.

(5) The Election Commission shall,-

(a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) specify a date on or after which the proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

(6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament.

(7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, as soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of the State concerned.”

6. Amendment of Section 9

In Section 9 of the principal Act, in sub-section (1), for clauses (a) and (ad), the following clauses shall be substituted, namely:-

“(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;

(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under Section 8-A of this Act or any other Central Act;”

7. Omission of Sections 9-A and 9-B

Section 9-A and Section 9-B of the principal Act shall be omitted.

8. Substitution of new Schedules for the First Schedule and the Second Schedule

For the First Schedule and the Second Schedule of the principal Act, the following Schedules shall be substituted, namely:-

“THE FIRST SCHEDULE

(See Section 3)

Allocation of seats in the House of the People

Name of the State/Union territoryNumber of seats in the House as constituted in 2004 on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to timeNumber of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008
TotalReserved for the Scheduled CastesReserved for the Scheduled TribesTotalReserved for the Scheduled CastesReserved for the Scheduled Tribes
1234567
I Status:
1. Andhra Pradesh42624273
2. Arunachal Pradesh2....2....
3. Assam14121412
4. Bihar407..406..
5. Chhattisgarh11241114
6. Goa2....2....
7. Gujarat26242624
8. Haryana102..102..
9. Himachal Pradesh41..41..
10. Jammu & Kashmir6....6....
11. Jharkhand14151415
12. Karnataka284..2852
13. Kerala202..202..
14. Madhya Pradesh .29452946
15. Maharashtra48344854
16. Manipur2..12..1
17. Meghalaya2....2..2
18. Mizoram1..11..1
19. Nagaland1....1....
20. Orissa21352135
21. Punjab133..134..
22. Rajasthan25432543
23. Sikkim1....1....
24. Tamil Nadu397..397..
25. Tripura2..12..1
26. Uttarakhand5....51..
27. Uttar Pradesh8018..8017..
28. West Bengal428242102
II Union Territories
1. Andman and Nicobar Islands1....1....
2. Chandigarh1....1....
3. Dadra and Nagar Haveli1..11..1
4. Delhi71..71..
5. Daman and Diu1....1....
6. Lakshadweep1..11..1
7. Puducherry1....1....
Total54379415438447

THE SECOND SCHEDULE

(See Sections 7 and 7-A)

TOTAL NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLIES

Name of the State/Union territoryNumber of seats in the House as constituted on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to timeNumber of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008
TotalReserved for the Scheduled CastesReserved for the Scheduled TribesTotalReserved for the Scheduled CastesReserved for the Scheduled Tribes
1234567
I Status:
1. Andhra Pradesh29439152944819
2. Arunachal Pradesh60..5960..59
3. Assam126816126816
4. Bihar24339..243382
5. Chhattisgarh901034901029
6. Goa401..401..
7. Gujarat18213261821327
8. Haryana9017..9017..
9. Himachal Pradesh6816368173
10. Jammu and Kashmir*766..
11. Jharkhand8192881928
12. Karnataka2243322243615
13. Kerala140131140142
14. Madhya Pradesh .23034412303547
15. Maharashtra28818222882925
16. Manipur6011960119
17. Meghalaya60..5560..55
18. Mizoram40..3940..38
19. Nagaland60..5960..59
20. Orissa14722341472433
21. Punjab11729..11734..
22. Rajasthan20033242003425
23. Sikkim32212**32212**
24. Tamil Nadu234423234442
25. Tripura60720601020
26. Uttarakhand7012370132
27. Uttar Pradesh40389..40385..
28. West Bengal29459172946816
II Union Territories:
1. Delhi7013..7012..
2. Panducherry305..305..

*Under the Constitution of Jammu and Kashmir, the number of seats in the Legislative Assembly of that State excluding the 24 seats earmarked for Pakistan occupied territory is 87 out of which 7 seats have been reserved for the Scheduled Castes in pursuance of the Jammu and Kashmir Representation of the People Act, 1957.

**Reserved 1 seat for Sanghas and 12 seats for the Sikkimese of Bhutia Lepcha origin.

Bydeb

Representation of the People (Amendment) Act, 2010

REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 20101

[NO. 36 OF 2010]

[21st September, 2010]

An Act further to amend the Representation of the People Act, 1950

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows—

——————–

1. Received the assent of the President on September 21, 2010 and published in the Gazette of India, Extra., Part II, Section 1, dated 22nd September, 2010, pp. 1-2, No. 45

1. Short title and commencement.

(1) This Act may be called the Representation of the People (Amendment) Act, 2010.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Insertion of new Section 20-A.

In the Representation of the People Act, 1950 (43 of 1950) (hereinafter referred to as the principal Act), after Section 20, the following section shall be inserted, namely—

“20-A. Special provisions for citizens of India residing outside India.—

(1) Notwithstanding anything contained in this Act, every citizen of India,—

(a) whose name is not included in the electoral roll;

(b) who has not acquired the citizenship of any other country; and

(c) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not),

shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.

(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.”

3. Amendment of Section 22.

In Section 22 of the principal Act,—

(a) after the words “amend, transpose or delete the entry”, the words “after proper verification of the facts in such manner as may be prescribed” shall be inserted;

(b) in the proviso, after the words “proposed to be taken in relation to him”, the words “after proper verification of facts in such manner as may be prescribed” shall be inserted.

4. Amendment of Section 23.

In Section 23 of the principal Act, in sub-section (2),—

(a) after the words “direct his name to be included therein”, the words “after proper verification of facts in such manner as may be prescribed” shall be inserted;

(b) in the proviso, after the words “strike off the applicant’s name in that roll”, the words “after proper verification of facts in such manner as may be prescribed” shall be inserted.

5. Amendment of Section 28.

In Section 28 of the principal Act, in sub-section (2), after clause (h), the following clauses shall be inserted, namely—

“(hh) the procedure for proper verification of facts for amending, transposing or deleting any entry in the electoral rolls, under Section 22;

(hhh) the procedure for proper verification of facts for inclusion of or striking off, names in the electoral rolls, under sub-section (2) of Section 23;

Bydeb

Representation of the People (Amendment) Act, 2009

Representation of the People (Amendment) Act, 20091

[No. 41 of 2009]

[22nd December, 2009]

An Act further to amend the Representation of the People Act, 1950 and the Representation of the People Act, 1951

Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—

——————–

1. Received the assent of the President on December 22,2009 and published in the Gazette of India, Extra, Part II, Section 1, dated 23rd December, 2009, pp. 1-3, No. 49

Chapter I – Preliminary

1. Short title and commencement.

(1) This Act may be called the Representation of the People (Amendment) Act, 2009.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Chapter II – AMENDMENTS TO THE REPRESENTATION OF THE PEOPLE ACT, 1950

2. Amendment of Section 24.

In Section 24 of the Representation of the People Act, 1950 (43 of 1950),—

(i) in clause (a), for the words “chief electoral officer”, the words “district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank” shall be substituted;

(ii) after clause (a), the following clause shall be inserted, namely—

“(b) To the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a).”.

3. Amendment of the Second Schedule.

In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), against Serial Number 18 relating to the State of Mizoram, in Column 7, for the Entry “38”, the Entry “39” shall be substituted.

Chapter III  AMENDMENTS TO THE REPRESENTATION OF THE PEOPLE ACT, 1951

4. Amendment of Section 8-A.

In the Representation of the People Act, 1951 (43 of 1951) (hereinafter referred to as the principal Act), in sub-section (1) of Section 8-A, for the words “as soon as may be after such order takes effect”, the words “as soon as may be within a period of three months from the date such order takes effect” shall be substituted.

5. Amendment of Section 34.

In Section 34 of the principal Act, in sub-section (1),—

(i) In clause (a), for the words “a sum of ten-thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees”, the words “a sum of twenty-five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of twelve thousand five hundred rupees” shall be substituted;

(ii) In clause (b), for the words “a sum of five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of two thousand five hundred rupees”, the words “a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand rupees” shall be substituted.

6. Amendment of Section 123.

In Section 123 of the principal Act, in clause (7),—

(i) For the words “from any person in the service of the Government”, the words “from any person whether or not in the service of the Government” shall be substituted;

(ii) After sub-clause (g), the following sub-clause shall be inserted, namely—

“(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections:”.

7. Insertion of new Sections 126-A and 126-B.

After Section 126 of the principal Act, the following sections shall be inserted, namely—

‘126-A. Restriction on publication and dissemination of result of exit polls, etc.—

(1) No person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be notified by the Election Commission in this regard.

(2) For the purposes of sub-section (1), the Election Commission shall, by a general order, notify the date and time having due regard to the following, namely—

(a) in case of a general election, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the poll in all the States and Union territories;

(b) in case of a bye-election or a number of bye-elections held together, the period may commence from the beginning of the hours fixed for poll on and from the first day of poll and continue till half an hour after closing of the poll:

Provided that in case of a number of bye-elections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the last poll.

(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

Explanation.—For the purposes of this section,—

(a) “exit-poll” means an opinion survey respecting how electors have voted at an election or respecting how all the electors have performed with regard to the identification of a political party or candidate in an election;

(b) “electronic media” includes internet, radio and television including Internet Protocol Television, satellite, terrestrial or cable channels, mobile and such other media either owned by the Government or private person or by both;

(c) “print media” includes any newspaper, magazine or periodical, poster, placard, handbill or any other document;

(d) “dissemination” includes publication in any “print media” or broadcast or display on any electronic media.

126-B. Offences by companies.—

(1) Where an offence under sub-section (2) of Section 126-A has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

(a) “Company” means any body corporate, and includes a firm or other association of individuals; and

(b) “Director”, in relation to a firm, means a partner in the firm.’.

Bydeb

The Representation of the People Act, 1951

Section 1. Short title

(43 OF 1950)

[12 May, 1950]

An Act to provide the allocation of seats in and the delimitation of constitution “ for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, 1[the manner of filling seats in the Council of States to be filled by representatives of 2[Union territories], and matters connected therewith.

BE it enacted by Parliament as follows:

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1. Ins. by Act 73 of 1950, sec. 2.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C’ States”.

This Act may be called the Representation of the People Act, 1950.

Section 2. Definitions

1[***] In this Act, unless the context otherwise requires,-

(a) “Article” means an article of the Constitution;

(b) “Assembly constituency” means a constituency provided 2[by law] for the purpose of elections to the Legislative Assembly of a State;

(c) “Council constituency” means a constituency provided 3[by law for the purpose of elections to the Legislative Council of a State;

4[***]

(d) “Election Commission” means the Election Commission appointed by the President under article 324;

(e) “Order” means an order published in the Official Gazette;

(f) “Parliamentary constituency” means constituency provided 5[by law] for the purpose of elections to the House of the People;

6[* * *]

(g) “Person” does not include a body of persons;

(h) “Prescribed” means prescribed by rules made under this Act;

7[(i) “State” includes a Union territory;]

“State Government”, in relation to a Union Territory, means the administration for thereof.

8[***]

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1. The brackets and figure “(1)” omitted by Act 103 of 1956, sec. 65.

2. Subs. by Act 2 of 1956, sec. 2, for “by order made under section 9”.

3. Subs. by the Adaptation of laws (No. 2) Order, 1956, for “by order made under section 11”.

4. Clause (cc) ins. by Act 73 of 1950, sec. 3 and omitted by Act 103 of 1956, sec. 65.

5. Subs. by Act 2 of 1956, sec. 2, for “by section 6 or by order made thereunder”.

6. Clause (ff) ins. by Act 67of 1951,sec. 2,was omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1074, sec. 3 and Sch. (w.e.f. 21-1-1972).

7. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for the former clause (i) (w.e.f. 21.1.1972).

8. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956.

Section 3. Allocation of seats in the House of the People

1[Allocation of seats in the House of the People. The allocation of seats to the States in the House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State shall be shown in the First Schedule

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1. Subs. by Act 47 of 1966, sec. 2, for sections 3 and 4 (w.e.f. 14-12-1966).

Section 4. Filling of seats in the House of the People and parliamentary constituencies

(1) 1[***]

2[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.]

(3) Every parliamentary constituency referred to in sub-section (2) shall be a single member constituency.

(4) Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency.

3[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.]

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1. Sub-section (1) omitted by Act 29 of 1975, sec. 11 (w.e.f. 15-8-1975).

2. Subs. by Act 29 of 1975, sec. 11, for subsection (2) (w.e.f. 15-8-1975).

3. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008

Section 5. Parliamentary constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 4

Section 6. Delimitation of parliamentary constituencies

Rep. by the Adaptation of Laws (No. 2) Order, 1956

Section 7. Total number of seats in Legislative Assemblies and Assembly constituencies

1[Total number of seats in Legislative Assemblies and Assembly constituencies. (1) 2[Subject to the provisions of 3[sub-section (1A), (1B) and (1C)], the total number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from assembly constituencies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule:

Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of the State of Nagaland shall be 4[fifty-two], of which-

(a) 5[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor, after consulting that Council may, by notification in the Official Gazette, specify, and

(b) The remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State.

6[(1A) Notwithstanding anything contained in sub-section (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which-

(a) Twelve seats shall be reserved for Sikkimese of Bhutia Lepcha origin;

(b) Two seats shall be reserved for the Scheduled Castes of the State; and

(c) One seat shall be reserved for the Sanghas referred to in section 25A.

Explanation. This subsection “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

7[(1B) Notwithstanding anything contained in sub-section (1), in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any time after the commencement of the Representation of the People (Third Amendment) Act, 1987 (40 of 1987), –

(a) 10[fifty-nine seats] shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh;

(b) Fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalayi;

(c) Thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and

(d) Fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.]

8[(1C) Notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1992].

(2) Every Assembly constituency referred to 9[in sub-section (1) of sub-section (I A) shall be a single-member constituency.

11[(3) The extent of each assembly constituency in all the States and Union territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.].

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1. Subs. by Act 47 of 1966, sec. 4, for section 7 (w.e.f. 14-12-1966). Original sections 8 and 9 were rep. by Act 2 of 1956, sec. 5 and the Adaptation of Laws (No. 2) Order, 1956, respectively.

2. Subs. by Act 8 of 1980, see. 2, for certain words (w.e.f. 1-9-1979)

3. Subs. by Act 38 of 1992, sec. 2, for “sub-sections (l A) and (l B)” (w.e.f. 5-12-1992)

4.. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

5. Subs. by Act 61 of 1968, sec. 4, for “six seats”.

6. Ins. by Act 8 of 1980, sec. 2 (w.e.f. 1-9-1979).

7 Ins. by Act 40 of 1987, sec. 2 (w.e.f. 22-9-1987).

8. Ins. by Act 38 of 1992, sec. 2 (w.e.f. 5-12-1992).

9. Subs. by Act 8 of 1980, sec. 2, for “in sub-section (1)” (w.e.f. 1-9-1979).

10. The words “thirty-nine seats” Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 7 A. Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies

1[Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies. (1) Notwithstanding anything contained in section 7, in the Legislative Assembly of the State of Sikkim deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the Legislative Assembly of that State duly constituted, the total number of seats to be filled by persons chosen by direct election from assembly constituencies shall be 32.

(2) Every Assembly constituency referred to in sub-section (1) shall be a single- member constituency.

(3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment Act, 1975.]

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1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

Section 8. Consolidation of delimitation orders

1[(1) Having regard to all the orders referred to in sub-section (5) of Section 4 and sub-section (3) of Section 7 relating to the delimitation of parliamentary and assembly constituencies in all States and Union territories, except the State of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall-

(a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency;

(b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made ‘ applicable pursuant to the orders made by the President under Section 10-A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of Section 10-B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand, consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of Section 4 and sub-section (3) of Section 7 and shall have the force of law and shall not be called in question in any court.]

(2) As soon as may be, after the said Order is received by the Central Government or by the Government of a State, that Government shall cause it to be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

2(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4, or as the case may be, sub-section (3) of section 7 shall not, 3[as provided in sub-section (5) of Section 10 of the Delimitation Act, 2002 (33 of 2002)”, affect the representation in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of’ India of any such order or orders as may be relevant.]

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1. Subs. by Act 10 of 2008 w.e.f. 28-3-2008

2. Ins. by Act 88 of 1976, sec. 4.

3. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 8 A. Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland

1[Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland. (1) If the President is satisfied that the situation and the conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur and Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.

(2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of Section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.

(5) The Election Commission shall,-

(a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) specify a date on or after which the proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

(6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament.

(7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, 2[as soon as may be within a period of three months from the date such order takes effect], be laid before the Legislative Assembly of the State concerned.”]

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1. Inserted by Act No. 10 of 2008 w.e.f. 28-3-2008.

2. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 9. Power of Election Commission to maintain Delimitation Order up-to-date

(1) The Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned, –

1[(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;]

2[(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under Section 8-A of this Act or any other Central Act;]

(b) Where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date.

(2) Every notification under this section shall be laid as soon as may be after it is issued, before the House of the People and the Legislative Assembly to the State concerned.

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1. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008

2. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 9 A. *****

1[*****]

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1 Omitted by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 9 B. ****

1[****]

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1 Omitted by Act No. 10 of 2008 w.e.f. 28-3-2008

Section 10. Allocation of seats in the Legislative Councils

(1) The allocation of seats in the Legislative Councils of the States having such Councils shall be as shown in the Third Schedule.

(2) In the Legislative Council of each State specified in the first column of the Third Schedule, there shall be the number of seats specified in the second column thereof opposite to that State, and of those seats, –

(a) The numbers specified in the third, fourth and fifth columns shall be the numbers of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) The number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the Legislative Assembly of the State from amongst persons who are not members of that Assembly; and

(c) The number specified in the seventh column shall be the number of seats to be filled by persons nominated by the Governor 1[***] of the State in accordance with the provisions of clause (5) of article 171.

2[***]

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1. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956.

2. Sub-section (3) Ins. by the Adaptation of Laws (No.2) Order, 1956 and omitted by Act 37 of l957, sec. 12.

Section 11. Delimitation of Council constituencies

As soon as may be after the commencement of this Act, the President shall, by order, determine-

(a) The constituencies into which each State having a Legislative Council shall be divided for the purpose of elections to that Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) The extent of each constituency; and

(c) The number of seats allotted to each constituency.

Section 12. Power to alter or amend orders

1[(1)] The President may, from time to time, after consulting the Election Commission, by order, alter or amend any order made by him under 2[* * *] section 11.

3[(2) An order under subsection (1) may contain provisions for the allocation of any member representing any Council constituency immediately before the making of the order to any constituency delimited a new or altered by the order and for such other incidental and consequential matters as the President may deem necessary.]

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1. Section 12 renumbered as sub-section (1) of that section by Act 20 of 1960, sec. 2.

2. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, sec. 7.

3. Ins. by Act 20 of 1960, sec. 2.

Section 13. Procedure as to orders delimiting constituencies. [***]

Procedure as to orders delimiting constituencies. 1[***]. (1) Every order made under 2[* * *] section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make on a motion made within twenty days from the date on which the order is so laid.

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1. Sub-sections (1) and (2) omitted by Act 2 of 1056, sec. 8.

2. The words and figures “section 6, section 9,” omitted by Act 2 of 1956, sec. 8.

Section 13 A. Chief electoral officers

1[PART-IIA]

OFFICERS

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1. Part IIA and Part IIB ins. by Act 2 of 1956 sec. 9.

13A. Chief electoral officers

(1) There shall be for each State a chief electoral officer who all be such officer of Government as the Election Commission may, in consultation with that Government, designate or nominate in this behalf.

(2) Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act.

Section 13 AA. District election officers

1[District election officers. (1) For each district in a State, other than a Union territory, the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be in officer of Government:

Provided that the Election Commission may designate or Dominate more than one such officer for a district if the Election Commission is satisfied that the functions of the, office cannot be performed satisfactorily by one officer.

(2) Where more than one district election officer are designated or nominated for a district under the proviso to sub-section (1), the Election Commission shall in the order designating or nominating the district election officers also specify the area in respect of which each such officer shall exercise jurisdiction.

(3) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls for all parliamentary, assembly and council constituencies within the district.

(4) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.]

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1. Ins. by Act 47 of 1966, sec. 5 (w.e.f. 14-12-1966).

Section 13 B. Electoral registration officers

(1) Constituency in the State of Jammu and Kashmir or a Union territory not having a Legislative Assembly, each assembly constituency and each Council constituency shall be prepared and revised by an electoral registration officer who shall be such officer of Government or of a local authority as the Election Commission may, in consultation with the Government of the State in which the constituency is situated, designate or nominate in this behalf.

(2) An electoral registration officer tiny, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.

Section 13 C. Assistant electoral registration officers

(1) The Election Commission may appoint one or more person: as assistant electoral registration officers to assist any electoral registration officer in the performance functions.

(2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.

Section 13 CC. Chief Electoral Officers, District Election Officers, etc., deemed to on deputation to Election Commission

1[Chief Electoral Officers, District Election Officers, etc., deemed to on deputation to Election Commission. The officers referred to in this Part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral roll, for and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

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1. Ins. by Act I of 1989, sec. 2 (w.e.f. 15-3-1989).

Section 13 D. Electoral rolls for parliamentary constituencies

1[Electoral rolls for parliamentary constituencies. (1) The electoral roll for every parliamentary constituency, other than India a parliamentary constituency in the State of Jammu and Kashmir or in a Union Territory not having a Legislative Assembly, shall consist of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency.

Provided that for the period referred to in clause (2) of article 371 A, it shall be necessary to prepare and revise separately the electoral roll for that part of the parliamentary constituency of Nagaland which comprises the Tuensang district and the provisions of Part-III shall apply in relation to the preparation and revision of the electoral roll of the said part is they apply in mention to an assembly constituency.

(2) The provisions of’ Part III shall apply in relation to every parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they apply in relation to an assembly constituency.

Section 14. Definitions

In this Part, unless the context otherwise requires,

(a) “Constituency” mean, an Assembly constituency ;

(b) “Qualifying date”, in relation to the preparation or revision of every electoral roll under this part, means 1[the 1st day of January] of the year in which it is so prepared or revised:]

2[Provided that “qualifying date”, in relation to the preparation or revision of every electoral roll under this Part in the year 1989, shall be the 1st day of April, 1989.]

——————–

1. Subs. by Act 58 of 1958, sec. 5, for “the Ist day of March” (w.e.f.0I-0I -1959).

2. Ins. by Act 21 of 1989, sec. 3 (w.e.f. 28-3-1989).

Section 15. Electoral roll for every constituency

For every constituency there shall be an electoral roll, which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the Election Commission.

Section 16. Disqualifications for registration in an electoral roll

(1) A person shall be disqualified for registration in an electoral roll if he-

(a) Is not a citizen of India; or

(b) Is of unsound mind and stands so declared by a competent court; or

(c) Is for the time being disqualified from voting under the provisions of this relating to corrupt 1[***] practices and other offences in connection with election.

(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:

2[Provided that the name of the any person struck off the electoral roll of a constituency by reason of’ a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.]

——————–

1. The words “and illegal” it is by Act 73 or 1950, sec. 4 and omitted by Act 58 of 1960, sec., 3 and Sch. II.

2. Ins. by Act 73 of 1050, sec. 4.

Section 17. No person to be registered in more than one constituency

No person shall be entitled to be registered in the electoral roll for more than one constituency 1[***].

——————–

1. The words “in the same State” ins. by Act 2 of 1956, section 12 and omitted by Act 58 of 1958, sec. 6.

Section 18. No person to be registered more than once in any constituency

No person shall be entitled to be registered to be registered in the electoral roll for more than once.

Section 19. Conditions of Registration

1[Conditions of Registration. Subject to the foregoing provisions of this part, every person who-

(a) Is not less than 2[eighteen years] of age on the qualifying date, and

(b) Is ordinarily resident in a constituency, Shall be entitled to be registered in the electoral roll for that constituency.]

——————–

1. Subs. by Act 58 (if 1958, sec. 7, for section 19.

2. Subs. by Act 21 of 1989, sec. 4, for “twenty-one years” (w.e.f. 28-3-1989).

Section 20. Meaning of ordinarily resident

11[(1) A person shall not be deemed to be entitled to be resident in constituency on the ground only that he owns, or is possession of, a dwelling house therein.

(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an electoral the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]

(2) A person who is a patent in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.

12[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.]

(4) Any person holding any office in India declared1 by the President in consultation with the Election Commission to be an office to which the provisions of this subsection apply, 2[***] shall be deemed to be ordinarily resident 3[***] on any date in the consultancy which, but for the holding of any such office 4[***] he would have been ordinarily resident 5[***] on that date.

(5) The statement of any such person as is referred to in sub-section (3) or subsection (4) made in the prescribed form and verified in the prescribed manner, that 6[but for his having the service qualification] or but for his holding any such office 7[***] as is referred to in subsection (4) he would have been ordinarily resident in a specified place 3[***] on any date, shall, in the absence of evidence to the contrary, be 6[accepted as correct].

(6) The wife of any such personas is referred to in subsection (3) or sub-section (4) shall if she be ordinarily residing with such person 8[***] be deemed to be ordinarily resident on 9[* * *] in the constituency specified by such person under subsection (5).

10[(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.

(8) In subsection (3) and (5) “service qualification” means-

(a) Being a member of the armed forces of the Union; or

(b) Being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), hive been made applicable whether with or without modifications; or

(c) Being a member of an armed police force of a State, who is serving outside that State; or

(d) Being a person who is employed under the Government of India, in a post outside India.

——————–

1. The following offices have been declared by the President by Notification No. S.O. 059, dated the 18th April, 1960.

(1) The President of India.

(2) The Vice-President of India.

(3) Governors of States.

(4) Cabinet Ministers of the Union or of any State.

(5) The Deputy Chairman and Members of the Planning Commission.

(6) The Ministers or State of the Union or of any State.

(7) Deputy Ministers of the Union or of any State

(8) The Speaker of the House of the People or of any State Legislative Assembly.

(9) The Chairman of any State Legislative Council.

(10) Lieutenant Governors of Union territories.

(11) The Deputy Speaker or the House of the People or any State Legislative Assembly.

(12) The Deputy Chairman or the Council of States or of any State legislative Council.

(13) Parliamentary Secretaries of the Union or of’ any State.

2. Certain words omitted by Act 47 of 1965, sec. 8 (w.e.f. 14-12-1966).

3. The words “during any period or” omitted by Act 2, of’ 1956, sec. 14.

4. The words “or employment” omitted by Act 47 of’ 1966, sec. 8. (w.e.f. 14-12-1966).

5. The words “during that period or” omitted by Act 2 of’ 1956, sec. 14.

6. Subs. by Act 47 of 1966, sec. 8, for certain words (w.e.f. 14-12-1966)-

7. Certain words omitted by Act 47 of 1966, sec. 8. (w.e.f. 14-12-1966).

8. The words “during any period” omitted by Act 2 of 1956, sec. 14.

9. The words “during that period” omitted by Act 2 of 1956, sec. 14.

10. Ins. by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966). Original sub-section (7) was omitted by Act 2 or 1956, sec. 14.

11. Subs. by Act 58 of 1958, sec. 8., for sub-section (1).

12. Subs. by Act 47 of 1966, sec. 8, for subsection (3) (w.e.f. 14-12-1966)

Section 20 A. Special provisions for citizens of India residing outside India

(1) Notwithstanding anything contained in this Act, every citizen of India,—

(a) whose name is not included in the electoral roll;

(b) who has not acquired the citizenship of any other country; and

(c) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not),

shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.

(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.”

Section 21. Preparation and revision of electoral rolls

1[Preparation and revision of electoral rolls. (1) The electoral roll for each constituency shall be prepared in the prescribed timing by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act-1

2[(2) The said electoral roll-

(a) Shall, unless otherwise directed by the Election Commission for to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date-

(i) Before each bye-election to the House of People or to the Legislative Assembly of a State; and

(ii) Before each bye-election to fill in casual vacancy in a seat allotted to the constituency; and

(b) Shall be revised in any year in the prescribed Banner by reference to the qualifying date if such revision has been directed by Election Commission:

Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.]

(3) Notwithstanding anything contained in subsection (2), the Election Commission may it any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit:

Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

——————–

1. Subs. by Act 2 or 1956, sec. 15, for section 21 to 25.

2. Subs. by Act 47 of 1966, sec. 9, for subsection (2) (w.e.f. 14-12-1966).

Section 22. Correction of entries in electoral rolls

1[Correction of entries in electoral rolls. If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency-

(a) Is erroneous or defective in any particular,

(b) Should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or

(c) Should be detected on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special direction, if any, as any be given by the Election Commission in this behalf, amend, transpose or delete the entry: 2[“after proper verification of the facts in such manner as may be prescribed”]

Provided that before taking action on ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. 2[“after proper verification of facts in such manner as may be prescribed”]

——————–

1. Subs. by Act 58 of 1958, sec. 9, for section 22.

2. Ins. by Act 26 of 2010 w.e.f. 21-9-2010

Section 23. Inclusion of names in electoral rolls

1[Inclusion of names in electoral rolls. (1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.

(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein: 1[after proper verification of facts in such manner as may be prescribed]

Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll. [after proper verification of facts in such manner as may be prescribed]

——————–

1. Ins. by Act. 26 of 2010 w.e.f. 21-9-2010.

Section 24. Appeals

1[Appeals. An appeal shall lie within such time and in such manner as may be prescribed-

(a) To the 4[district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank], from any order of the electoral registration officer under section 22 or section 23 2[***]

5[(b) To the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a)]

3[***]

——————–

1. Subs. by Act 47 of 1966, sec. 10, for section 23 (w.e.f. 14-12-1966)

2. Ins. by Act 40 of 1961, sec. 3 (w.e.f. 20-0-1961) Former section 24 ins. by Act 60 of 1956, sec. 2 and was omitted by Act 58 of 1958, ,cc. 10.

3. The word “and” and clause (b)) omitted by Act 47 of 1966, sec. 11 (w.e.f. 14-12- 1966).

4. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

5. Inserted by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 25. Fee for applications and appeals

Every application under section 22 or section 23 and every appeal under section 24 shall be accompanied by the prescribed fee, which shall, in no case, be refunded.]

Section 25 A. Conditions or registration as elector in Sangha constituency in Sikkim

1[Conditions or registration as elector in Sangha constituency in Sikkim. Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of’ the elections field in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.]

——————

1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

Section 26. Preparation of electoral rolls for Assembly constituencies

PART IV

1[ELECTORAL, ROLLS FOR COUNCIL, CONSTITUENCIES]

——————–

1. Subs. by Act 2 of 1956, sec. 16, for the former heading.

26. Preparation of electoral rolls for Assembly constituencies.

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 17

Section 27 A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories

1[PART IVA]

MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF UNION TERRITORIES

——————–

1. Part IVA ins. by Act 73 of 1950, sec. 8.

27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories.

(1) 2[For the purpose of filling any seat] or seats in the Council of States allotted to any 1[Union territory] 3[***] in the Fourth Schedule to the Constitution there shall be an electoral college for 3[each such territory]

4[* **].

4[***]

5[***]

6[(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Metropolitan Council constituted for that territory under the Delhi Administration Act, 1966 (19 of 1966).]

7[(4) 8[The electoral college for the Union territory of 9[***] Pondicherry] shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of Union Territories Act, 1963 (20 of 1963).]

10[***]

11[***]

——————–

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for” Part C States

2. Subs. by Act 29 of 1975, sec. 11(w.e.f. 15-8-1975).

3. The words “for group of such States” omitted by the Adaptation of Laws (No. 2) Order, 1956. 12. Subs. by the Adaptation of Laws (No. 2) Order, 1956.

4. The words “or (group of states” and proviso omitted by Act 2 of 1956.

5. Sub-section (2) omitted by Act 20 of 1963, sec. 57 and Sch. II.

6. Subs. by Act to of 1966, sec. 35, for sub-section (3).

7. Subs. by Act 2o of’ 1963, see, 57 and Sub. II, for sub-section (4)

8. Subs. by Act 69 of’ 1986, sec. 7, for certain words (w.e.f. 20-2-1987).

9. The word “Mizoram” omitted by Act 34 of 1986, sec. 7 (w.e.f. 20-2-1987).

10. Sub-section (5) omitted by Act 29 of 1975. sec. 11 (w.e.f. 15-8-1975)

11. Sub-section (6) omitted by Act 32 of 1954. sec. 7

Section 27 B. Electoral College constituencies

Rep. by the Territorial Council Act, 1956 (103 of 1956, sec. 65

######

#####

Section 27 D. Power to alter or amend orders

Rep. by the Territorial Council Act, 1956 (103 of 1956), sec. 651

Section 27 E. Procedure as to orders delimiting constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 21

Section 27 F. Electoral rolls for Council of States constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956) sec. 22

Section 27 G. Termination of membership for Electoral College for certain disqualifications

If a person who is a member of an Electoral College becomes subject to any disqualification for membership of Parliament under the provisions of any law relating to corrupt and illegal practices and other offences in connection with elections to Parliament, he shall thereupon cease to be such member of the Electoral College.

Section 27 H. Manner of filling of seats in the Council of States allotted to Union territories

1[***] The sell or seats in the Council of’ States allotted to any 2[Union territory] 3[***] in the Fourth Schedule lo the Constitution shall be filled by a person or persons elected by the members of the electoral college for 4[that territory] 5[***] in accordance with the system of proportional representation by means of the single transferable vote:

6[Provided that the person who immediately fore the commencement of the Constitution (Seventh Amendment) Act, 1956, is filling the seat allotted to the Pail C States of Manipur and Tripura shall, as from such commencement, be deemed to have been duly elected to fill the seal allotted to the Union territory of Tripura

——————–

1. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Subs. by the Adaptation or laws (No. 2) Order, 1956, for “Part C States”.

3. The words “or group of’ such States” omitted by the Adaptation of act (No. 2) Order, 1956.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “such State.”

5. The words “or group of States” omitted by Act 2 of 1956, sec. 23.

6. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

Section 27 I. Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and the States of Manipur and Tripura

Rep. By the Adaptation of Laws (No. 2) Order, 1956.

Section 27 J. Powers of electoral colleges to elect notwithstanding vacancies therein

No election by the members of an electoral college 1[* * *] under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of’ such college 2[***]

——————–

1. Certain words omitted by Act 49 of 1951, sec. 44 and Sch. V.

2. See The Registration of Electors Rules, 1960.

Section 27 K. Electoral colleges for certain States for which Legislative Assemblies have been constituted

Rep. by the Adaptation of Laws (No. 2) Order, 1956

Section 29. Staff of local authorities to he made available

1[Staff of local authorities to he made available. Every local authority in a State shall, when so requested by the chief electoral officer of the State, make available to any electoral registration officer such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls.]

Section 30. Jurisdiction of civil courts barred

No civil court shall have jurisdiction-

(a) To entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or

(b) To question the legality of any action taken by or under the authority of ail electoral registration officer, or of any decision given by any authority, appointed under this Act for the revision of any such roll.

——————–

1. Subs. by Act 2 of 1956, sec. 25, for section 29.

Section 31. Making false declarations

1[2[Making false declarations. If any person makes in connection with-

(a) The preparation, revision or correction of an electoral roll, or

(b) The inclusion or exclusion of any entry in or from an electoral roll, A statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.]

——————–

1. Ins. by Act 58 of 1958, sec. 11.

2. Subs. by Act 20 of 1960, sec. 4, for section 31.

Section 32. Breach of official duty in connection with the preparation, etc., of electoral rolls

(1) If any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable 1[with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine].

(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.

(3) No Court shall take cognizance of any such offence publishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the chief electoral officer of the State concerned.]

——————–

1. Subs. by Act 21 of 1996, sec. 2 (w.e.f 1-8-1996).

Schedule 1

1[THE FIRST SCHEDULE

(See Section 3)

Allocation of seats in the House of the People

Name of the State/Union territoryNumber of seats in the House as constituted in 2004 on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to timeNumber of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008
TotalReserved for the Scheduled CastesReserved for the Scheduled TribesTotalReserved for the Scheduled CastesReserved for the Scheduled Tribes
1234567
I Status:
1. Andhra Pradesh42624273
2. Arunachal Pradesh2....2....
3. Assam14121412
4. Bihar407..406..
5. Chhattisgarh11241114
6. Goa2....2....
7. Gujarat26242624
8. Haryana102..102..
9. Himachal Pradesh41..41..
10. Jammu & Kashmir6....6....
11. Jharkhand14151415
12. Karnataka284..2852
13. Kerala202..202..
14. Madhya Pradesh .29452946
15. Maharashtra48344854
16. Manipur2..12..1
17. Meghalaya2....2..2
18. Mizoram1..11..1
19. Nagaland1....1....
20. Orissa21352135
21. Punjab133..134..
23. Sikkim1....1....
24. Tamil Nadu397..397..
25. Tripura2..12..1
26. Uttarakhand5....51..
27. Uttar Pradesh8018..8017..
28. West Bengal428242102
II Union Territories
1. Andman and Nicobar Islands1....1....
2. Chandigarh1....1....
3. Dadra and Nagar Haveli1..11..1
4. Delhi71..71..
5. Daman and Diu1....1....
6. Lakshadweep1..11..1
7. Puducherry1....1....
Total54379415438447

——————-

1. Subs. By Act No. 10 of 2008 w.e.f. 28-3-2008

Schedule 2

1[THE SECOND SCHEDULE

(See Sections 7 and 7-A)

TOTAL NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLIES

Name of the State/Union territoryNumber of seats in the House as constituted on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to timeNumber of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008
TotalReserved for the Scheduled CastesReserved for the Scheduled TribesTotalReserved for the Scheduled CastesReserved for the Scheduled Tribes
1234567
I Status:
1. Andhra Pradesh29439152944819
2. Arunachal Pradesh60..5960..59
3. Assam126816126816
4. Bihar24339..243382
5. Chhattisgarh901034901029
6. Goa401..401..
7. Gujarat18213261821327
8. Haryana9017..9017..
9. Himachal Pradesh6816368173
10. Jammu and Kashmir*766..
11. Jharkhand8192881928
12. Karnataka2243322243615
13. Kerala140131140142
14. Madhya Pradesh .23034412303547
15. Maharashtra28818222882925
16. Manipur6011960119
17. Meghalaya60..5560..55
2[18. Mizoram40..3940..39]
19. Nagaland60..5960..59
20. Orissa14722341472433
21. Punjab11729..11734..
22. Rajasthan20033242003425
23. Sikkim32212**32212**
24. Tamil Nadu234423234442
25. Tripura60720601020
26. Uttarakhand7012370132
27. Uttar Pradesh40389..40385..
28. West Bengal29459172946816
II Union Territories:
1. Delhi7013..7012..
2. Panducherry305..305..

——————–

*Under the Constitution of Jammu and Kashmir, the number of seats in the Legislative Assembly of that State excluding the 24 seats earmarked for Pakistan occupied territory is 87 out of which 7 seats have been reserved for the Scheduled Castes in pursuance of the Jammu and Kashmir Representation of the People Act, 1957.

*Reserved 1 seat for Sanghas and 12 seats for the Sikkimese of Bhutia Lepcha origin.

——————–

1. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

2. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Schedule 3

1[THE THIRD SCHEDULE

(SEE SECTION 10)

Allocation of Seats in the Legislative Councils

——————–

1. Subs. by Act 37 of 1957, sec. 12, for the Third Schedule.

Name of StateNumber to be elected or nominated under article
Total numberSub- clauseSub- clauseSub- clauseSub- clauseSub- Clause
1234567
1[***]
2. Bihar9634883412
2[***]
3[3.] Madhya Pradesh903188311
4[***]
5[5.] Maharashtra7822773012]
6[6.]7[Karnataka]7525772511]
10[7][Tamil Nadu]7826772612]
8[***]
8. Uttar Pradesh10839993912
9[***]

——————–

1. Entry relating to Andhra Pradesh omitted by Act 34 of 1985, sec. 5 (w.e.f. 1-6-1985).

2. Entry relating to Bombay omitted by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

3. Renumbered by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

4. Entry relating to Tamil Nadu omitted by Act 40 of 1986, sec. 5 (w.e.f. 1-11-1986).

5. Ins. by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

6. Subs. by Act 31 of 1987, sec. 2.

7. Subs by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974 sec. 3 and Sch, for “Mysore” (w.e.f. 1-11-1973).

8. Entry relating, to Punjab omitted by Act 46 of 1969, sec. 5 (w.e.f. 7-1-1970).

9. Entry relating, to West Bengal omitted by Act 20 of 1969, sec. 5 (w.e.f. 1.8.1969).

10. Ins. By Act No. 16 of 2010 w.e.f. 18-5-2010.

Schedule 4

THE FOURTH SCHEDULE

[SEE SECTION 27(2)]

Local Authorities for purposes of Elections to Legislative Councils

1[***]

2[BIHAR

1. Nagar Parishads.

2. Cantonment Boards.

3. Nagar Panchayats.

4. Zila Parishads.

5. Panchayat Samitis.

6. Nagar Nigams (Corporations).

7. Gram Panchayats]

3[MADHYA PRADESH

4[1. Municipalities.

2. Janapada Sabhas.

3. Mandal Panchayats.

4. Cantonment Boards.

5. Notified Area Committees.

6. Town Area Committees]]

7. 5[***].

——————–

1. The heading “Andhra Pradesh” and the entries relating thereto omitted by Act 34 of 1985, sec. 5 (w.e.f, 1-6-1985).

2. Subs By Act 6 of 2003 (dt. 6-1-2003).

3. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

4. Subs. by Act 37 of 1957, sec.12, for the former entries.

5. The heading “Tamil Nadu” and the entries relating thereto omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), sec. 5 (w.e f. 1-11- 1986).

1[MAHARASHTRA

2[1. Municipalities.

2. Cantonment Boards.

3[***]

4. Zila Parishad.]]

4[5[KARNATAKA]

6[1. City Municipal Corporations.

2. City Municipal Councils.

3. Town Municipal Councils.

4. Town Panchayats.

5. Zilla Penchants.

6. Taluk Panchayats.

7. Grama Panchayats.

8. Cantonment Boards.]]

7[Tamil Nadu

1. Municipalities, as referred to in Article 243-Q of the Constitution.

2. Panchayat Union Councils.

3. Cantonment Boards.

4. District Panchayats referred to in the Tamil Nadu Panchayat Act, 1994 Tamil Nadu Act 21 of 1994)]

UTTAR PRADESH

6[1. Municipal Corporations.

2. Municipal Councils

3. Zila Panchayats.

4. Nagar Panchayats.

5. Kshettra Panchayats.

6. Cantonment Boards]

——————–

1. Ins. by Act 40 of 1961, sec 6 (w.e.f 20-9-1961).

2. Subs. by Act 2 of 1 963, sec. 2, for the former entries.

3. Entry “3. Town Committees.” omitted by Act 21 of 1989, sec. 5

4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

5. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for “Mysore”(w.e.f 1-11-1973).

6. Subs. by Act 29 of 1996.

7. Ins. By Act No. 16 of 2010 w.e.f. 18-5-2010.

Schedule 5

THE FIFTH SCHEDULE

[Rep. By the Government of Union Territories Act, 1963 (20 of 19630, sec. 57 and the Second Schedule].

Schedule 6

THE SIXTH SCHEDULE

[Rep. By the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 27].

Schedule 7

THE SEVENTH SCHEDULE

[Rep. By the Representation of the people (Amendment) Act, 1956 (2 of 1956) sec. 27]

Bydeb

The Representation of the People Act, 1950

Section 1. Short title

(43 OF 1950)

[12 May, 1950]

An Act to provide the allocation of seats in and the delimitation of constitution “ for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, 1[the manner of filling seats in the Council of States to be filled by representatives of 2[Union territories], and matters connected therewith.

BE it enacted by Parliament as follows:

——————–

1. Ins. by Act 73 of 1950, sec. 2.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part C’ States”.

This Act may be called the Representation of the People Act, 1950.

Section 2. Definitions

1[***] In this Act, unless the context otherwise requires,-

(a) “Article” means an article of the Constitution;

(b) “Assembly constituency” means a constituency provided 2[by law] for the purpose of elections to the Legislative Assembly of a State;

(c) “Council constituency” means a constituency provided 3[by law for the purpose of elections to the Legislative Council of a State;

4[***]

(d) “Election Commission” means the Election Commission appointed by the President under article 324;

(e) “Order” means an order published in the Official Gazette;

(f) “Parliamentary constituency” means constituency provided 5[by law] for the purpose of elections to the House of the People;

6[* * *]

(g) “Person” does not include a body of persons;

(h) “Prescribed” means prescribed by rules made under this Act;

7[(i) “State” includes a Union territory;]

“State Government”, in relation to a Union Territory, means the administration for thereof.

8[***]

——————–

1. The brackets and figure “(1)” omitted by Act 103 of 1956, sec. 65.

2. Subs. by Act 2 of 1956, sec. 2, for “by order made under section 9”.

3. Subs. by the Adaptation of laws (No. 2) Order, 1956, for “by order made under section 11”.

4. Clause (cc) ins. by Act 73 of 1950, sec. 3 and omitted by Act 103 of 1956, sec. 65.

5. Subs. by Act 2 of 1956, sec. 2, for “by section 6 or by order made thereunder”.

6. Clause (ff) ins. by Act 67of 1951,sec. 2,was omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1074, sec. 3 and Sch. (w.e.f. 21-1-1972).

7. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for the former clause (i) (w.e.f. 21.1.1972).

8. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956.

Section 3. Allocation of seats in the House of the People

1[Allocation of seats in the House of the People. The allocation of seats to the States in the House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State shall be shown in the First Schedule

——————–

1. Subs. by Act 47 of 1966, sec. 2, for sections 3 and 4 (w.e.f. 14-12-1966).

Section 4. Filling of seats in the House of the People and parliamentary constituencies

(1) 1[***]

2[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.]

(3) Every parliamentary constituency referred to in sub-section (2) shall be a single member constituency.

(4) Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency.

3[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of the parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.]

——————–

1. Sub-section (1) omitted by Act 29 of 1975, sec. 11 (w.e.f. 15-8-1975).

2. Subs. by Act 29 of 1975, sec. 11, for subsection (2) (w.e.f. 15-8-1975).

3. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008

Section 5. Parliamentary constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 4

Section 6. Delimitation of parliamentary constituencies

Rep. by the Adaptation of Laws (No. 2) Order, 1956

Section 7. Total number of seats in Legislative Assemblies and Assembly constituencies

1[Total number of seats in Legislative Assemblies and Assembly constituencies. (1) 2[Subject to the provisions of 3[sub-section (1A), (1B) and (1C)], the total number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from assembly constituencies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule:

Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative Assembly of the State of Nagaland shall be 4[fifty-two], of which-

(a) 5[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the Governor, after consulting that Council may, by notification in the Official Gazette, specify, and

(b) The remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the State.

6[(1A) Notwithstanding anything contained in sub-section (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which-

(a) Twelve seats shall be reserved for Sikkimese of Bhutia Lepcha origin;

(b) Two seats shall be reserved for the Scheduled Castes of the State; and

(c) One seat shall be reserved for the Sanghas referred to in section 25A.

Explanation. This subsection “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

7[(1B) Notwithstanding anything contained in sub-section (1), in the Legislative Assemblies of the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any time after the commencement of the Representation of the People (Third Amendment) Act, 1987 (40 of 1987), –

(a) 10[fifty-nine seats] shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Arunachal Pradesh;

(b) Fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Meghalayi;

(c) Thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Mizoram; and

(d) Fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Nagaland.]

8[(1C) Notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1992].

(2) Every Assembly constituency referred to 9[in sub-section (1) of sub-section (I A) shall be a single-member constituency.

11[(3) The extent of each assembly constituency in all the States and Union territories except the assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of each assembly constituency in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the provisions of Sections 10-A and 10-B of the Delimitation Act, 2002.].

——————–

1. Subs. by Act 47 of 1966, sec. 4, for section 7 (w.e.f. 14-12-1966). Original sections 8 and 9 were rep. by Act 2 of 1956, sec. 5 and the Adaptation of Laws (No. 2) Order, 1956, respectively.

2. Subs. by Act 8 of 1980, see. 2, for certain words (w.e.f. 1-9-1979)

3. Subs. by Act 38 of 1992, sec. 2, for “sub-sections (l A) and (l B)” (w.e.f. 5-12-1992)

4.. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

5. Subs. by Act 61 of 1968, sec. 4, for “six seats”.

6. Ins. by Act 8 of 1980, sec. 2 (w.e.f. 1-9-1979).

7 Ins. by Act 40 of 1987, sec. 2 (w.e.f. 22-9-1987).

8. Ins. by Act 38 of 1992, sec. 2 (w.e.f. 5-12-1992).

9. Subs. by Act 8 of 1980, sec. 2, for “in sub-section (1)” (w.e.f. 1-9-1979).

10. The words “thirty-nine seats” Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 7 A. Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies

1[Total number of seats in the Legislative Assembly of Sikkim and Assembly constituencies. (1) Notwithstanding anything contained in section 7, in the Legislative Assembly of the State of Sikkim deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the Legislative Assembly of that State duly constituted, the total number of seats to be filled by persons chosen by direct election from assembly constituencies shall be 32.

(2) Every Assembly constituency referred to in sub-section (1) shall be a single- member constituency.

(3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment Act, 1975.]

——————–

1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

Section 8. Consolidation of delimitation orders

1[(1) Having regard to all the orders referred to in sub-section (5) of Section 4 and sub-section (3) of Section 7 relating to the delimitation of parliamentary and assembly constituencies in all States and Union territories, except the State of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation Commission and published in the Official Gazette, the Election Commission shall-

(a) after making such amendments as appear to it to be necessary for bringing up-to-date the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency;

(b) after taking into account the provisions of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, as made ‘ applicable pursuant to the orders made by the President under Section 10-A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland, and the provisions of Section 10-B of the said Act relating to delimitation of parliamentary and assembly constituencies in the State of Jharkhand, consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central Government and to the Government of each State having a Legislative Assembly; and thereupon that Order shall supersede all the orders referred to in sub-section (5) of Section 4 and sub-section (3) of Section 7 and shall have the force of law and shall not be called in question in any court.]

(2) As soon as may be, after the said Order is received by the Central Government or by the Government of a State, that Government shall cause it to be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

2(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4, or as the case may be, sub-section (3) of section 7 shall not, 3[as provided in sub-section (5) of Section 10 of the Delimitation Act, 2002 (33 of 2002)”, affect the representation in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of’ India of any such order or orders as may be relevant.]

——————–

1. Subs. by Act 10 of 2008 w.e.f. 28-3-2008

2. Ins. by Act 88 of 1976, sec. 4.

3. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 8 A. Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland

1[Delimitation of Parliamentary and Assembly Constituencies in the State of Arunachal Pradesh, Assam, Manipur or Nagaland. (1) If the President is satisfied that the situation and the conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur and Nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for the conduct of delimitation exercise in the State by the Election Commission.

(2) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the parliamentary constituencies into which such State to which more than one seat is allotted in the First Schedule shall be divided;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine-

(a) the assembly constituencies into which such State shall be divided for the purpose of elections to the Legislative Assembly of that State;

(b) the extent of each constituency; and

(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.

(4) Subject to the provisions of sub-section (1), the Election Commission shall, having regard to the provisions of the Constitution and the principles specified in clauses (c) and (d) of sub-section (1) of Section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.

(5) The Election Commission shall,-

(a) publish its proposals under sub-sections (2), (3) and (4) with respect to any State in the Official Gazette and also in such other manner as it thinks fit;

(b) specify a date on or after which the proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified;

(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such State as it thinks fit;

(e) after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the State and also the constituency or constituencies in which seats shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be published in the Official Gazette; and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.

(6) Every order made under sub-sections (1) and (2) and clause (e) of sub-section (5) shall be laid before each House of Parliament.

(7) Every order made under sub-sections (1) and (3) and clause (e) of sub-section (5) shall, 2[as soon as may be within a period of three months from the date such order takes effect], be laid before the Legislative Assembly of the State concerned.”]

——————–

1. Inserted by Act No. 10 of 2008 w.e.f. 28-3-2008.

2. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 9. Power of Election Commission to maintain Delimitation Order up-to-date

(1) The Election Commission may, from time to time, by notification published in the Gazette of India and in the Official Gazette of the State concerned, –

1[(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;]

2[(aa) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that Order any notification or order relating to delimitation of Parliamentary or assembly constituencies (including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies) issued under Section 8-A of this Act or any other Central Act;]

(b) Where the boundaries or name of any district or any territorial division mentioned in the Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date.

(2) Every notification under this section shall be laid as soon as may be after it is issued, before the House of the People and the Legislative Assembly to the State concerned.

——————–

1. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008

2. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 9 A. *****

1[*****]

——————–

1 Omitted by Act No. 10 of 2008 w.e.f. 28-3-2008.

Section 9 B. ****

1[****]

——————–

1 Omitted by Act No. 10 of 2008 w.e.f. 28-3-2008

Section 10. Allocation of seats in the Legislative Councils

(1) The allocation of seats in the Legislative Councils of the States having such Councils shall be as shown in the Third Schedule.

(2) In the Legislative Council of each State specified in the first column of the Third Schedule, there shall be the number of seats specified in the second column thereof opposite to that State, and of those seats, –

(a) The numbers specified in the third, fourth and fifth columns shall be the numbers of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) The number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the Legislative Assembly of the State from amongst persons who are not members of that Assembly; and

(c) The number specified in the seventh column shall be the number of seats to be filled by persons nominated by the Governor 1[***] of the State in accordance with the provisions of clause (5) of article 171.

2[***]

——————–

1. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956.

2. Sub-section (3) Ins. by the Adaptation of Laws (No.2) Order, 1956 and omitted by Act 37 of l957, sec. 12.

Section 11. Delimitation of Council constituencies

As soon as may be after the commencement of this Act, the President shall, by order, determine-

(a) The constituencies into which each State having a Legislative Council shall be divided for the purpose of elections to that Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;

(b) The extent of each constituency; and

(c) The number of seats allotted to each constituency.

Section 12. Power to alter or amend orders

1[(1)] The President may, from time to time, after consulting the Election Commission, by order, alter or amend any order made by him under 2[* * *] section 11.

3[(2) An order under subsection (1) may contain provisions for the allocation of any member representing any Council constituency immediately before the making of the order to any constituency delimited a new or altered by the order and for such other incidental and consequential matters as the President may deem necessary.]

——————–

1. Section 12 renumbered as sub-section (1) of that section by Act 20 of 1960, sec. 2.

2. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, sec. 7.

3. Ins. by Act 20 of 1960, sec. 2.

Section 13. Procedure as to orders delimiting constituencies. [***]

Procedure as to orders delimiting constituencies. 1[***]. (1) Every order made under 2[* * *] section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make on a motion made within twenty days from the date on which the order is so laid.

——————–

1. Sub-sections (1) and (2) omitted by Act 2 of 1056, sec. 8.

2. The words and figures “section 6, section 9,” omitted by Act 2 of 1956, sec. 8.

Section 13 A. Chief electoral officers

1[PART-IIA]

OFFICERS

——————–

1. Part IIA and Part IIB ins. by Act 2 of 1956 sec. 9.

13A. Chief electoral officers

(1) There shall be for each State a chief electoral officer who all be such officer of Government as the Election Commission may, in consultation with that Government, designate or nominate in this behalf.

(2) Subject to the superintendence, direction and control of the Election Commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the State under this Act.

Section 13 AA. District election officers

1[District election officers. (1) For each district in a State, other than a Union territory, the Election Commission shall, in consultation with the Government of the State, designate or nominate a district election officer who shall be in officer of Government:

Provided that the Election Commission may designate or Dominate more than one such officer for a district if the Election Commission is satisfied that the functions of the, office cannot be performed satisfactorily by one officer.

(2) Where more than one district election officer are designated or nominated for a district under the proviso to sub-section (1), the Election Commission shall in the order designating or nominating the district election officers also specify the area in respect of which each such officer shall exercise jurisdiction.

(3) Subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls for all parliamentary, assembly and council constituencies within the district.

(4) The district election officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief electoral officer.]

——————–

1. Ins. by Act 47 of 1966, sec. 5 (w.e.f. 14-12-1966).

Section 13 B. Electoral registration officers

(1) Constituency in the State of Jammu and Kashmir or a Union territory not having a Legislative Assembly, each assembly constituency and each Council constituency shall be prepared and revised by an electoral registration officer who shall be such officer of Government or of a local authority as the Election Commission may, in consultation with the Government of the State in which the constituency is situated, designate or nominate in this behalf.

(2) An electoral registration officer tiny, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.

Section 13 C. Assistant electoral registration officers

(1) The Election Commission may appoint one or more person: as assistant electoral registration officers to assist any electoral registration officer in the performance functions.

(2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.

Section 13 CC. Chief Electoral Officers, District Election Officers, etc., deemed to on deputation to Election Commission

1[Chief Electoral Officers, District Election Officers, etc., deemed to on deputation to Election Commission. The officers referred to in this Part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral roll, for and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.

——————–

1. Ins. by Act I of 1989, sec. 2 (w.e.f. 15-3-1989).

Section 13 D. Electoral rolls for parliamentary constituencies

1[Electoral rolls for parliamentary constituencies. (1) The electoral roll for every parliamentary constituency, other than India a parliamentary constituency in the State of Jammu and Kashmir or in a Union Territory not having a Legislative Assembly, shall consist of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency.

Provided that for the period referred to in clause (2) of article 371 A, it shall be necessary to prepare and revise separately the electoral roll for that part of the parliamentary constituency of Nagaland which comprises the Tuensang district and the provisions of Part-III shall apply in relation to the preparation and revision of the electoral roll of the said part is they apply in mention to an assembly constituency.

(2) The provisions of’ Part III shall apply in relation to every parliamentary constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they apply in relation to an assembly constituency.

Section 14. Definitions

In this Part, unless the context otherwise requires,

(a) “Constituency” mean, an Assembly constituency ;

(b) “Qualifying date”, in relation to the preparation or revision of every electoral roll under this part, means 1[the 1st day of January] of the year in which it is so prepared or revised:]

2[Provided that “qualifying date”, in relation to the preparation or revision of every electoral roll under this Part in the year 1989, shall be the 1st day of April, 1989.]

——————–

1. Subs. by Act 58 of 1958, sec. 5, for “the Ist day of March” (w.e.f.0I-0I -1959).

2. Ins. by Act 21 of 1989, sec. 3 (w.e.f. 28-3-1989).

Section 15. Electoral roll for every constituency

For every constituency there shall be an electoral roll, which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the Election Commission.

Section 16. Disqualifications for registration in an electoral roll

(1) A person shall be disqualified for registration in an electoral roll if he-

(a) Is not a citizen of India; or

(b) Is of unsound mind and stands so declared by a competent court; or

(c) Is for the time being disqualified from voting under the provisions of this relating to corrupt 1[***] practices and other offences in connection with election.

(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included:

2[Provided that the name of the any person struck off the electoral roll of a constituency by reason of’ a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorizing such removal.]

——————–

1. The words “and illegal” it is by Act 73 or 1950, sec. 4 and omitted by Act 58 of 1960, sec., 3 and Sch. II.

2. Ins. by Act 73 of 1050, sec. 4.

Section 17. No person to be registered in more than one constituency

No person shall be entitled to be registered in the electoral roll for more than one constituency 1[***].

——————–

1. The words “in the same State” ins. by Act 2 of 1956, section 12 and omitted by Act 58 of 1958, sec. 6.

Section 18. No person to be registered more than once in any constituency

No person shall be entitled to be registered to be registered in the electoral roll for more than once.

Section 19. Conditions of Registration

1[Conditions of Registration. Subject to the foregoing provisions of this part, every person who-

(a) Is not less than 2[eighteen years] of age on the qualifying date, and

(b) Is ordinarily resident in a constituency, Shall be entitled to be registered in the electoral roll for that constituency.]

——————–

1. Subs. by Act 58 (if 1958, sec. 7, for section 19.

2. Subs. by Act 21 of 1989, sec. 4, for “twenty-one years” (w.e.f. 28-3-1989).

Section 20. Meaning of ordinarily resident

11[(1) A person shall not be deemed to be entitled to be resident in constituency on the ground only that he owns, or is possession of, a dwelling house therein.

(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an electoral the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]

(2) A person who is a patent in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.

12[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.]

(4) Any person holding any office in India declared1 by the President in consultation with the Election Commission to be an office to which the provisions of this subsection apply, 2[***] shall be deemed to be ordinarily resident 3[***] on any date in the consultancy which, but for the holding of any such office 4[***] he would have been ordinarily resident 5[***] on that date.

(5) The statement of any such person as is referred to in sub-section (3) or subsection (4) made in the prescribed form and verified in the prescribed manner, that 6[but for his having the service qualification] or but for his holding any such office 7[***] as is referred to in subsection (4) he would have been ordinarily resident in a specified place 3[***] on any date, shall, in the absence of evidence to the contrary, be 6[accepted as correct].

(6) The wife of any such personas is referred to in subsection (3) or sub-section (4) shall if she be ordinarily residing with such person 8[***] be deemed to be ordinarily resident on 9[* * *] in the constituency specified by such person under subsection (5).

10[(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.

(8) In subsection (3) and (5) “service qualification” means-

(a) Being a member of the armed forces of the Union; or

(b) Being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), hive been made applicable whether with or without modifications; or

(c) Being a member of an armed police force of a State, who is serving outside that State; or

(d) Being a person who is employed under the Government of India, in a post outside India.

——————–

1. The following offices have been declared by the President by Notification No. S.O. 059, dated the 18th April, 1960.

(1) The President of India.

(2) The Vice-President of India.

(3) Governors of States.

(4) Cabinet Ministers of the Union or of any State.

(5) The Deputy Chairman and Members of the Planning Commission.

(6) The Ministers or State of the Union or of any State.

(7) Deputy Ministers of the Union or of any State

(8) The Speaker of the House of the People or of any State Legislative Assembly.

(9) The Chairman of any State Legislative Council.

(10) Lieutenant Governors of Union territories.

(11) The Deputy Speaker or the House of the People or any State Legislative Assembly.

(12) The Deputy Chairman or the Council of States or of any State legislative Council.

(13) Parliamentary Secretaries of the Union or of’ any State.

2. Certain words omitted by Act 47 of 1965, sec. 8 (w.e.f. 14-12-1966).

3. The words “during any period or” omitted by Act 2, of’ 1956, sec. 14.

4. The words “or employment” omitted by Act 47 of’ 1966, sec. 8. (w.e.f. 14-12-1966).

5. The words “during that period or” omitted by Act 2 of’ 1956, sec. 14.

6. Subs. by Act 47 of 1966, sec. 8, for certain words (w.e.f. 14-12-1966)-

7. Certain words omitted by Act 47 of 1966, sec. 8. (w.e.f. 14-12-1966).

8. The words “during any period” omitted by Act 2 of 1956, sec. 14.

9. The words “during that period” omitted by Act 2 of 1956, sec. 14.

10. Ins. by Act 47 of 1966, sec. 8 (w.e.f. 14-12-1966). Original sub-section (7) was omitted by Act 2 or 1956, sec. 14.

11. Subs. by Act 58 of 1958, sec. 8., for sub-section (1).

12. Subs. by Act 47 of 1966, sec. 8, for subsection (3) (w.e.f. 14-12-1966)

Section 20 A. Special provisions for citizens of India residing outside India

(1) Notwithstanding anything contained in this Act, every citizen of India,—

(a) whose name is not included in the electoral roll;

(b) who has not acquired the citizenship of any other country; and

(c) who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise outside India (whether temporarily or not),

shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.

(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.

(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.”

Section 21. Preparation and revision of electoral rolls

1[Preparation and revision of electoral rolls. (1) The electoral roll for each constituency shall be prepared in the prescribed timing by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act-1

2[(2) The said electoral roll-

(a) Shall, unless otherwise directed by the Election Commission for to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date-

(i) Before each bye-election to the House of People or to the Legislative Assembly of a State; and

(ii) Before each bye-election to fill in casual vacancy in a seat allotted to the constituency; and

(b) Shall be revised in any year in the prescribed Banner by reference to the qualifying date if such revision has been directed by Election Commission:

Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.]

(3) Notwithstanding anything contained in subsection (2), the Election Commission may it any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit:

Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed.

——————–

1. Subs. by Act 2 or 1956, sec. 15, for section 21 to 25.

2. Subs. by Act 47 of 1966, sec. 9, for subsection (2) (w.e.f. 14-12-1966).

Section 22. Correction of entries in electoral rolls

1[Correction of entries in electoral rolls. If the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency-

(a) Is erroneous or defective in any particular,

(b) Should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or

(c) Should be detected on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special direction, if any, as any be given by the Election Commission in this behalf, amend, transpose or delete the entry: 2[“after proper verification of the facts in such manner as may be prescribed”]

Provided that before taking action on ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. 2[“after proper verification of facts in such manner as may be prescribed”]

——————–

1. Subs. by Act 58 of 1958, sec. 9, for section 22.

2. Ins. by Act 26 of 2010 w.e.f. 21-9-2010

Section 23. Inclusion of names in electoral rolls

1[Inclusion of names in electoral rolls. (1) Any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll.

(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein: 1[after proper verification of facts in such manner as may be prescribed]

Provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicant’s name from that roll. [after proper verification of facts in such manner as may be prescribed]

——————–

1. Ins. by Act. 26 of 2010 w.e.f. 21-9-2010.

Section 24. Appeals

1[Appeals. An appeal shall lie within such time and in such manner as may be prescribed-

(a) To the 4[district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank], from any order of the electoral registration officer under section 22 or section 23 2[***]

5[(b) To the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a)]

3[***]

——————–

1. Subs. by Act 47 of 1966, sec. 10, for section 23 (w.e.f. 14-12-1966)

2. Ins. by Act 40 of 1961, sec. 3 (w.e.f. 20-0-1961) Former section 24 ins. by Act 60 of 1956, sec. 2 and was omitted by Act 58 of 1958, ,cc. 10.

3. The word “and” and clause (b)) omitted by Act 47 of 1966, sec. 11 (w.e.f. 14-12- 1966).

4. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

5. Inserted by Act No. 41 of 2009 w.e.f. 22.12.2009.

Section 25. Fee for applications and appeals

Every application under section 22 or section 23 and every appeal under section 24 shall be accompanied by the prescribed fee, which shall, in no case, be refunded.]

Section 25 A. Conditions or registration as elector in Sangha constituency in Sikkim

1[Conditions or registration as elector in Sangha constituency in Sikkim. Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of’ the elections field in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.]

——————

1. Ins. by Act 10 of 1976, sec. 2 and Sch. (w.e.f. 9-9-1975).

Section 26. Preparation of electoral rolls for Assembly constituencies

PART IV

1[ELECTORAL, ROLLS FOR COUNCIL, CONSTITUENCIES]

——————–

1. Subs. by Act 2 of 1956, sec. 16, for the former heading.

26. Preparation of electoral rolls for Assembly constituencies.

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 17

Section 27 A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories

1[PART IVA]

MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY REPRESENTATIVES OF UNION TERRITORIES

——————–

1. Part IVA ins. by Act 73 of 1950, sec. 8.

27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories.

(1) 2[For the purpose of filling any seat] or seats in the Council of States allotted to any 1[Union territory] 3[***] in the Fourth Schedule to the Constitution there shall be an electoral college for 3[each such territory]

4[* **].

4[***]

5[***]

6[(3) The electoral college for the Union territory of Delhi shall consist of the elected members of the Metropolitan Council constituted for that territory under the Delhi Administration Act, 1966 (19 of 1966).]

7[(4) 8[The electoral college for the Union territory of 9[***] Pondicherry] shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of Union Territories Act, 1963 (20 of 1963).]

10[***]

11[***]

——————–

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for” Part C States

2. Subs. by Act 29 of 1975, sec. 11(w.e.f. 15-8-1975).

3. The words “for group of such States” omitted by the Adaptation of Laws (No. 2) Order, 1956. 12. Subs. by the Adaptation of Laws (No. 2) Order, 1956.

4. The words “or (group of states” and proviso omitted by Act 2 of 1956.

5. Sub-section (2) omitted by Act 20 of 1963, sec. 57 and Sch. II.

6. Subs. by Act to of 1966, sec. 35, for sub-section (3).

7. Subs. by Act 2o of’ 1963, see, 57 and Sub. II, for sub-section (4)

8. Subs. by Act 69 of’ 1986, sec. 7, for certain words (w.e.f. 20-2-1987).

9. The word “Mizoram” omitted by Act 34 of 1986, sec. 7 (w.e.f. 20-2-1987).

10. Sub-section (5) omitted by Act 29 of 1975. sec. 11 (w.e.f. 15-8-1975)

11. Sub-section (6) omitted by Act 32 of 1954. sec. 7

Section 27 B. Electoral College constituencies

Rep. by the Territorial Council Act, 1956 (103 of 1956, sec. 65

######

#####

Section 27 D. Power to alter or amend orders

Rep. by the Territorial Council Act, 1956 (103 of 1956), sec. 651

Section 27 E. Procedure as to orders delimiting constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 21

Section 27 F. Electoral rolls for Council of States constituencies

Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956) sec. 22

Section 27 G. Termination of membership for Electoral College for certain disqualifications

If a person who is a member of an Electoral College becomes subject to any disqualification for membership of Parliament under the provisions of any law relating to corrupt and illegal practices and other offences in connection with elections to Parliament, he shall thereupon cease to be such member of the Electoral College.

Section 27 H. Manner of filling of seats in the Council of States allotted to Union territories

1[***] The sell or seats in the Council of’ States allotted to any 2[Union territory] 3[***] in the Fourth Schedule lo the Constitution shall be filled by a person or persons elected by the members of the electoral college for 4[that territory] 5[***] in accordance with the system of proportional representation by means of the single transferable vote:

6[Provided that the person who immediately fore the commencement of the Constitution (Seventh Amendment) Act, 1956, is filling the seat allotted to the Pail C States of Manipur and Tripura shall, as from such commencement, be deemed to have been duly elected to fill the seal allotted to the Union territory of Tripura

——————–

1. Certain words omitted by the Adaptation of Laws (No. 2) Order, 1956.

2. Subs. by the Adaptation or laws (No. 2) Order, 1956, for “Part C States”.

3. The words “or group of’ such States” omitted by the Adaptation of act (No. 2) Order, 1956.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “such State.”

5. The words “or group of States” omitted by Act 2 of 1956, sec. 23.

6. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

Section 27 I. Special provisions for the filling of the seats in the Council of States allotted to the States of Ajmer and the States of Manipur and Tripura

Rep. By the Adaptation of Laws (No. 2) Order, 1956.

Section 27 J. Powers of electoral colleges to elect notwithstanding vacancies therein

No election by the members of an electoral college 1[* * *] under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of’ such college 2[***]

——————–

1. Certain words omitted by Act 49 of 1951, sec. 44 and Sch. V.

2. See The Registration of Electors Rules, 1960.

Section 27 K. Electoral colleges for certain States for which Legislative Assemblies have been constituted

Rep. by the Adaptation of Laws (No. 2) Order, 1956

Section 29. Staff of local authorities to he made available

1[Staff of local authorities to he made available. Every local authority in a State shall, when so requested by the chief electoral officer of the State, make available to any electoral registration officer such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls.]

Section 30. Jurisdiction of civil courts barred

No civil court shall have jurisdiction-

(a) To entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency; or

(b) To question the legality of any action taken by or under the authority of ail electoral registration officer, or of any decision given by any authority, appointed under this Act for the revision of any such roll.

——————–

1. Subs. by Act 2 of 1956, sec. 25, for section 29.

Section 31. Making false declarations

1[2[Making false declarations. If any person makes in connection with-

(a) The preparation, revision or correction of an electoral roll, or

(b) The inclusion or exclusion of any entry in or from an electoral roll, A statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.]

——————–

1. Ins. by Act 58 of 1958, sec. 11.

2. Subs. by Act 20 of 1960, sec. 4, for section 31.

Section 32. Breach of official duty in connection with the preparation, etc., of electoral rolls

(1) If any electoral registration officer, assistant electoral registration officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable 1[with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine].

(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.

(3) No Court shall take cognizance of any such offence publishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the Election Commission or the chief electoral officer of the State concerned.]

——————–

1. Subs. by Act 21 of 1996, sec. 2 (w.e.f 1-8-1996).

Schedule 1

1[THE FIRST SCHEDULE

(See Section 3)

Allocation of seats in the House of the People

Name of the State/Union territoryNumber of seats in the House as constituted in 2004 on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to timeNumber of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008
TotalReserved for the Scheduled CastesReserved for the Scheduled TribesTotalReserved for the Scheduled CastesReserved for the Scheduled Tribes
1234567
I Status:
1. Andhra Pradesh42624273
2. Arunachal Pradesh2....2....
3. Assam14121412
4. Bihar407..406..
5. Chhattisgarh11241114
6. Goa2....2....
7. Gujarat26242624
8. Haryana102..102..
9. Himachal Pradesh41..41..
10. Jammu & Kashmir6....6....
11. Jharkhand14151415
12. Karnataka284..2852
13. Kerala202..202..
14. Madhya Pradesh .29452946
15. Maharashtra48344854
16. Manipur2..12..1
17. Meghalaya2....2..2
18. Mizoram1..11..1
19. Nagaland1....1....
20. Orissa21352135
21. Punjab133..134..
23. Sikkim1....1....
24. Tamil Nadu397..397..
25. Tripura2..12..1
26. Uttarakhand5....51..
27. Uttar Pradesh8018..8017..
28. West Bengal428242102
II Union Territories
1. Andman and Nicobar Islands1....1....
2. Chandigarh1....1....
3. Dadra and Nagar Haveli1..11..1
4. Delhi71..71..
5. Daman and Diu1....1....
6. Lakshadweep1..11..1
7. Puducherry1....1....
Total54379415438447

——————-

1. Subs. By Act No. 10 of 2008 w.e.f. 28-3-2008

Schedule 2

1[THE SECOND SCHEDULE

(See Sections 7 and 7-A)

TOTAL NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLIES

Name of the State/Union territoryNumber of seats in the House as constituted on the basis of the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 as amended from time to timeNumber of seats in the House as subsequently constituted as per the Delimitation of Parliamentary and Assembly Constituencies Order, 2008
TotalReserved for the Scheduled CastesReserved for the Scheduled TribesTotalReserved for the Scheduled CastesReserved for the Scheduled Tribes
1234567
I Status:
1. Andhra Pradesh29439152944819
2. Arunachal Pradesh60..5960..59
3. Assam126816126816
4. Bihar24339..243382
5. Chhattisgarh901034901029
6. Goa401..401..
7. Gujarat18213261821327
8. Haryana9017..9017..
9. Himachal Pradesh6816368173
10. Jammu and Kashmir*766..
11. Jharkhand8192881928
12. Karnataka2243322243615
13. Kerala140131140142
14. Madhya Pradesh .23034412303547
15. Maharashtra28818222882925
16. Manipur6011960119
17. Meghalaya60..5560..55
2[18. Mizoram40..3940..39]
19. Nagaland60..5960..59
20. Orissa14722341472433
21. Punjab11729..11734..
22. Rajasthan20033242003425
23. Sikkim32212**32212**
24. Tamil Nadu234423234442
25. Tripura60720601020
26. Uttarakhand7012370132
27. Uttar Pradesh40389..40385..
28. West Bengal29459172946816
II Union Territories:
1. Delhi7013..7012..
2. Panducherry305..305..

——————–

*Under the Constitution of Jammu and Kashmir, the number of seats in the Legislative Assembly of that State excluding the 24 seats earmarked for Pakistan occupied territory is 87 out of which 7 seats have been reserved for the Scheduled Castes in pursuance of the Jammu and Kashmir Representation of the People Act, 1957.

*Reserved 1 seat for Sanghas and 12 seats for the Sikkimese of Bhutia Lepcha origin.

——————–

1. Subs. by Act No. 10 of 2008 w.e.f. 28-3-2008.

2. Subs. by Act No. 41 of 2009 w.e.f. 22.12.2009.

Schedule 3

1[THE THIRD SCHEDULE

(SEE SECTION 10)

Allocation of Seats in the Legislative Councils

——————–

1. Subs. by Act 37 of 1957, sec. 12, for the Third Schedule.

Name of StateNumber to be elected or nominated under article
Total numberSub- clauseSub- clauseSub- clauseSub- clauseSub- Clause
1234567
1[***]
2. Bihar9634883412
2[***]
3[3.] Madhya Pradesh903188311
4[***]
5[5.] Maharashtra7822773012]
6[6.]7[Karnataka]7525772511]
10[7][Tamil Nadu]7826772612]
8[***]
8. Uttar Pradesh10839993912
9[***]

——————–

1. Entry relating to Andhra Pradesh omitted by Act 34 of 1985, sec. 5 (w.e.f. 1-6-1985).

2. Entry relating to Bombay omitted by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

3. Renumbered by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

4. Entry relating to Tamil Nadu omitted by Act 40 of 1986, sec. 5 (w.e.f. 1-11-1986).

5. Ins. by Act 11 of 1960, sec. 21 (w.e.f. 1-5-1960).

6. Subs. by Act 31 of 1987, sec. 2.

7. Subs by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974 sec. 3 and Sch, for “Mysore” (w.e.f. 1-11-1973).

8. Entry relating, to Punjab omitted by Act 46 of 1969, sec. 5 (w.e.f. 7-1-1970).

9. Entry relating, to West Bengal omitted by Act 20 of 1969, sec. 5 (w.e.f. 1.8.1969).

10. Ins. By Act No. 16 of 2010 w.e.f. 18-5-2010.

Schedule 4

THE FOURTH SCHEDULE

[SEE SECTION 27(2)]

Local Authorities for purposes of Elections to Legislative Councils

1[***]

2[BIHAR

1. Nagar Parishads.

2. Cantonment Boards.

3. Nagar Panchayats.

4. Zila Parishads.

5. Panchayat Samitis.

6. Nagar Nigams (Corporations).

7. Gram Panchayats]

3[MADHYA PRADESH

4[1. Municipalities.

2. Janapada Sabhas.

3. Mandal Panchayats.

4. Cantonment Boards.

5. Notified Area Committees.

6. Town Area Committees]]

7. 5[***].

——————–

1. The heading “Andhra Pradesh” and the entries relating thereto omitted by Act 34 of 1985, sec. 5 (w.e.f, 1-6-1985).

2. Subs By Act 6 of 2003 (dt. 6-1-2003).

3. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

4. Subs. by Act 37 of 1957, sec.12, for the former entries.

5. The heading “Tamil Nadu” and the entries relating thereto omitted by the Tamil Nadu Legislative Council (Abolition) Act, 1986 (40 of 1986), sec. 5 (w.e f. 1-11- 1986).

1[MAHARASHTRA

2[1. Municipalities.

2. Cantonment Boards.

3[***]

4. Zila Parishad.]]

4[5[KARNATAKA]

6[1. City Municipal Corporations.

2. City Municipal Councils.

3. Town Municipal Councils.

4. Town Panchayats.

5. Zilla Penchants.

6. Taluk Panchayats.

7. Grama Panchayats.

8. Cantonment Boards.]]

7[Tamil Nadu

1. Municipalities, as referred to in Article 243-Q of the Constitution.

2. Panchayat Union Councils.

3. Cantonment Boards.

4. District Panchayats referred to in the Tamil Nadu Panchayat Act, 1994 Tamil Nadu Act 21 of 1994)]

UTTAR PRADESH

6[1. Municipal Corporations.

2. Municipal Councils

3. Zila Panchayats.

4. Nagar Panchayats.

5. Kshettra Panchayats.

6. Cantonment Boards]

——————–

1. Ins. by Act 40 of 1961, sec 6 (w.e.f 20-9-1961).

2. Subs. by Act 2 of 1 963, sec. 2, for the former entries.

3. Entry “3. Town Committees.” omitted by Act 21 of 1989, sec. 5

4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.

5. Subs. by the Mysore State (Alteration of Name) (Adaptation of Laws on Union Subjects) Order, 1974, sec. 3 and Sch., for “Mysore”(w.e.f 1-11-1973).

6. Subs. by Act 29 of 1996.

7. Ins. By Act No. 16 of 2010 w.e.f. 18-5-2010.

Schedule 5

THE FIFTH SCHEDULE

[Rep. By the Government of Union Territories Act, 1963 (20 of 19630, sec. 57 and the Second Schedule].

Schedule 6

THE SIXTH SCHEDULE

[Rep. By the Representation of the People (Amendment) Act, 1956 (2 of 1956), sec. 27].

Schedule 7

THE SEVENTH SCHEDULE

[Rep. By the Representation of the people (Amendment) Act, 1956 (2 of 1956) sec. 27]

Bydeb

The President (Discharge Of Functions) Act, 1969

[Act No. 16 OF 1969]

[28th May, 1969]

An Act to provide for the discharge of the functions of the President in certain contingencies.

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:–

2. Definition.

In this Act, “President”, “Vice-President” and “Second Schedule” shall mean the President of India, the Vice-President of India and the Second Schedule to the Constitution respectively.

3. Discharge of Presidents functions contingencies.

(1) In the event of the occurrence of vacancies in the offices of the President and the Vice-President, by reason in each case of death, registration or removal, or otherwise, the Chief Justice of India or, in hiss absence, the senior most judge of the Supreme Court of India available shall discharge the functions of the President until a new President elected in accordance with the provisions of the constitution to fill the vacancy in the office of the President enters upon his office or a new Vice-President so elected begins to act as President under article 65 of the constitution, whichever is earlier.

(2) When the Vice-President, while discharging the functions of the President, dies, resigns or is removed or otherwise ceases to hold office, the Chief Justice of India or, in his absence, the senior most Judge referred to in sub-section (1) shall discharge the said functions until the President resumes his duties or a new Vice-President is elected as aforesaid, whichever is earlier. (3) When the Vice-President,-

(a) While acting as President, or

(b) While discharging the functions of the President, is unable to discharge the functions of the President owing to absence, illness or any other cause, the Chief Justice of India or, in his absence, the senior most Judge referred to in sub-section (1) shall discharge the said functions-

(i) In the case referred to in clause (a), until a new President elected as aforesaid enters upon his office or until the Vice-President acting as President resumes his duties, whichever is earlier;

(ii) In the case referred to in clause (b), until the President resumes his duties, or the Vice-President resumes his duties, whichever is earlier.

(4) The person discharging the functions of the President under this section shall, during, and in respect of, the period while he is so discharging the said functions, have all the powers and immunities and privileges as may be determined by Parliament by law and, until provisions in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

Bydeb

The Presidential and Vice-Presidential Elections Act, 1952

[ACT NO. XXXI OF 1952]

[14th March, 1952]

An Act to regulate certain matters relating to or connected with elections to the offices of President and Vice-President of India.

BE it enacted by Parliament as follows:-

Section 1. Short title

This Act may be called the Presidential and Vice-Presidential Elections Act, 1952.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) “Article” means an article of the Constitution;

(b) “Election” means a Presidential election or Vice-Presidential election;

(c) “Election Commission” means the Election Commission appointed by the President under article 324;

(d) “Elector”, in relation to a Presidential election, means a member of the electoral college referred to in article 54, and in relation to a Vice-Presidential election, means a member of either House of Parliament;

(e) “Prescribed” means prescribed by rules made under this Act;

(f) “Presidential election” means an election to fill the office of the President of India;

(g) “Returning Officer” includes an Assistant Returning Officer performing any function which he is authorised to perform under sub-section (2) of section 3;

(h) “Vice-Presidential election” means an election to fill the office of the Vice-President of India.

Section 3. Returning Officer and his assistants

(1) For the purposes of each election the Election Commission shall, in consultation with the Central Government, appoint a Returning Officer who shall have his office in New Delhi and may also appoint one or more Assistant Returning Officers.

(2) Subject to rules made under this Act, every Assistant Returning Officer shall be competent to perform all or any of the functions of the Returning Officer.

Section 4. Appointment of dates for nominations, etc

(1) The Election Commission shall, by notification in the Official Gazette, appoint for every election-

(a) The last date for making nominations which shall be a date not later than the fourteenth day and not earlier than the eighth day after the date of publication of the notification under this sub-section;

(b) A date for the scrutiny of nominations which shall be a date not later than the third day after the last date for making nominations;

(c) The last date for the withdrawal of candidatures which shall be the third day after the date for the scrutiny of nominations;

(d) The date on which a poll shall, if necessary, be taken which shall be a date not earlier than the fifteenth day after the last date for the withdrawal of candidatures.

(2) In the case of the first Presidential and Vice-Presidential elections, the notifications under sub-section (1) shall be issued as soon as may be after both Houses of Parliament have been constituted.

(3) In the case of an election to fill a vacancy caused by the expiration of the term of office of the President or Vice-President, the notification under sub-section (1) shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office, of the outgoing President or Vice-President, as the case may be, and the dates shall be so appointed under the said sub-section that the election will be completed at such time as will enable the President or the Vice-President thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing President or Vice-President, as the case may be.

(4) In the case of an election to fill a vacancy in the office of President or Vice-President occurring by reason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall be issued as soon as may be after the occurrence of such vacancy.

Section 5. Nomination of candidates

(1) Any person may be nominated as a candidate for election to the office of President or Vice-President if he is qualified to be elected to that office under the Constitution.

(2) Each candidate shall be nominated by a nomination paper completed in the prescribed form and subscribed by the candidate himself as assenting to the nomination and by two electors as proposer and seconder.

Section 6. Withdrawal of candidature

(1) Any candidate may withdraw his candidature by a notice in writing in the prescribed form subscribed by him and delivered before three o’clock in the after-noon on the date fixed under clause (c) of sub-section (1) of section 4, to the Returning Officer either by such candidate in person or by his proposer or seconder who has been authorised in this behalf in writing by such candidate.

(2) No person who has given a notice of withdrawal of his candidature under sub-section 91) shall be allowed to cancel the notice.

(3) The Returning Officer shall, on receiving a notice of withdrawal under sub-section 91), as soon as may be thereafter, cause a notice of the withdrawal to be affixed in some conspicuous place in his office.

Section 7. Death of candidate before poll

If a candidate, whose nomination has been made and is found to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Election Commission, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:

Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countremanding of the poll:

Provided further that no person who has under sub-section (1) of section 6 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

Section 8. Procedure in contested and uncontested elections

If after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 6-

(a) There is only one candidate who has been validly nominated and has not withdrawn his candidature in the manner and within the time specified in that sub-section, the returning Officer shall forthwith declare such candidate to be duly elected to the office of President or Vice-President, as the case may be;

(b) The number of candidates who have been duly nominated but have not so withdrawn their candidatures exceeds one, the Returning Officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken;

(c) There is no candidate who has been duly nominated and has not so withdrawn his candidature, the Returning Officer shall report the fact to the Election Commission and thereafter all the proceedings in relation to the election shall be commenced afresh and for that purpose the Election commission shall cancel the notification issued under sub-section (1) of section 4 in respect of such election and issue another notification under that sub-section appointing the dates referred to in that sub-section for the purposes of such fresh election.

Section 9. Manner of voting at elections

At every election where a poll is taken, votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.

Section 10. Counting of votes

At every election where a poll is taken votes shall be counted by , or under the supervision of the returning Officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting.

Section 11. Declaration of results

When the counting of the votes has been completed, the Returning Officer shall forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.

Section 12. Report of the result

As soon as may be after the result of an election has been declared, the Returning Officer shall report the result to the Central Government and the Election Commission, and the Central Government shall cause to be published in the Official Gazette the declaration containing the name of the person elected to the office of President or Vice-President, as the case may be.

Section 13. Definitions

In this Part, unless the context otherwise requires-

(a) “Candidate” means a person who has been or claims to have been duly nominated as a candidate at an election, and any such person shall be deemed to have been a candidate as from the time when , with the election in prospect, he began to hold himself out as a prospective candidate;

(b) “Costs” means all costs, charges and expenses of, or incidental to, a trial of an election petition;

(c) “Returned candidate” means a candidate whose name has been published under section 12 as duly elected.

Section 14. Election petitions

(1) No election shall be called in question except by an election petition presented to the Supreme Court in accordance with the provisions of this Part and of the rules made by the Supreme Court under article 145.

(2) An election petition calling in question an election may be presented on one or more of the grounds specified in sub-section (1) of section 18 and section 19 to the Supreme Court by any candidate at such election or by ten or more electors joined together as petitioners.

(3) Any such petition may be presented at anytime after the date of publication of the declaration containing the name of the returned candidate at the election under section 12 but not later than thirty days from the date of such publication.

Section 15. Form of petitions, etc. and procedure

Subject to the provisions of this Part, rules made by the Supreme Court under article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs.

Section 16. Relief that may be claimed by the petitioner

A petitioner may claim either of the following declarations:-

(a) That the election of the returned candidate is void;

(b) That the election of the returned candidate is void and that he himself or any other candidate has been duly elected.

Section 17. Orders or the Supreme Court

(1) At the conclusion of the trial of the election petition, the Supreme Court shall make an order-

(a) Dismissing the election petition; or

(b) Declaring the election of the returned candidate to be void; or

(c) Declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected.

(2) At the time of making an order under sub-section (1), the Supreme Court shall also make an order fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid.

Section 18. Grounds for declaring the election of a returned candidate to be void

(1) If the Supreme Court is of opinion-

(a) That the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the connivance of the returned candidate; or

(b) That the result of the election has been materially affected-

(i) By reason that the offence of bribery or undue influence at the election has been committed by any person who is neither the returned candidate nor a person acting with his connivance, or

(ii) By the improper reception or refusal of a vote or

(iii) By any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act; or

(c) That the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate or of any other candidate who has not withdrawn his candidature has been wrongly accepted;

The Supreme Court shall declare the election of the returned candidate to be void.

(2) For the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in Chapter IX-A of the Indian Penal Code (Act XLV of 1860).

Section 19. Grounds for which a candidate other than the returned candidate may be declared to have been elected

If any person who has lodged and election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Supreme Court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the Supreme Court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected:

Provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election.

Section 20. Transmission of orders to the Central Government and its publication

The Supreme Court shall, after announcing the orders made under section 17, send a copy thereof to the Central government, and on receipt of such copy the Central Government shall forthwith cause the order to be published in the Official Gazette.

Section 21. Power to make rules

(1) The Central government may, after consulting the Election commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) The maintenance of a list of members of the electoral college referred to in article 54 with their addresses corrected up to date for the purposes of Presidential elections;

(b) The maintenance of a list of members of both Houses of Parliament with their addresses corrected up to date for the purposes of Vice-Presidential elections;

(c) The powers and duties of a Returning Officer and the performance by any officer appointed to assist the Returning Officer of any function of the Returning Officer;

(d) The form and manner in which nominations may be made and the procedure to be followed in respect of the presentation of nomination papers;

(e) The scrutiny of nominations and, in particular, the manner in which such scrutiny shall be conducted and the conditions and circumstances under which any person may be present or may enter objections thereat;

(f) The publication of a list of valid nominations;

(g) The place and hours of polling, the manner in which votes are to be given and the procedure as to voting to be followed at elections;

(h) The scrutiny and counting of votes including cases in which a re-count of the votes may be made before the declaration of the result of the election;

(i) The safe custody of ballot boxes, ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers;

(j) Any other matter required to be prescribed by this Act.

Section 22. Maintenance of secrecy of voting

(1) Every officer, clerk or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for term which may extend to three months, or with fine, or with both.

Section 23. Jurisdiction of civil courts barred

Save as provided in Part III, no civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the Returning Officer or by any other person appointed under this Act in connection with an election.

Bydeb

Presidents Emoluments and Pension (Amendment) Act, 2008

PRESIDENTS EMOLUMENTS AND PENSION (AMENDMENT) ACT, 20081

[NO. 28 OF 2008]

[30th December, 2008]

An Act further to amend the President’s Emoluments and Pension Act, 1951 Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

Prefatory Note-Statement of Objects and Reasons.

Section 1-A of the President’s Emoluments and Pension Act, 1951 provides that there shall be paid to President, by way of emoluments, fifty thousand rupees per mensem. Sub-section (1) of Section 2 of the said Act provides for pension of three lakh rupees per annum to the retired Presidents. In order to maintain parity in the emoluments of various constitutional functionaries, it is proposed to enhance the emoluments of the President from rupees fifty thousand per mensem to rupees one lakh and fifty thousand per mensem. It is also proposed to entitle a retired President to a pension at the rate of fifty per cent of the emoluments of the President per mensem with effect from 1st January, 2006.

2. The former Presidents are entitled to the use of a telephone at the residence, free of charge. In the light of changes in modern technology and for the ease of communication, it is proposed to provide an additional telephone facility including Internet and broadband connectivity and a mobile phone with national roaming facility free of charge to former Presidents.

3. The former Presidents are also entitled to one Private Secretary, one Personal Assistant, one Peon and rupees twelve thousand per annum as office expenses. In order to maintain parity with other dignitaries, it is proposed that the strength of the personal staff of a former President be increased by providing an Additional Private Secretary and an extra Peon. Further, keeping in view the inflation over the years, the office expenses are proposed to be increased from rupees twelve thousand per annum to rupees sixty thousand per annum.

4. The spouse of a deceased President is entitled to a rent-free unfurnished accommodation. To mitigate their hardships, it is proposed to make the spouse of a deceased President entitled to a furnished residence including its maintenance; secretarial staff consisting of one Private Secretary and one Peon with office expenses as per actuals, but not exceeding rupees twelve thousand per annum; a telephone and a motor-car, free of charge; travel facilities anywhere in India along with a companion or relative by the highest class by air, rail or steamer restricted to twelve single journeys in a calendar year.

5. The Bill seeks to achieve the above objects.

——————–

1. Received the assent of the President on December 30, 2008 and published in the Gazette of India, Extra., Part II, Section I, dated 31st December, 2008, pp. 1 -2, No. 37.

1. Short title and commencement.

(1) This Act may be called the President’s Emoluments and Pension (Amendment) Act, 2008.

(2) The provisions of Section 2 and clause (i) of Section 3 shall be deemed to have come into force on the 1st day of January, 2006 and remaining provisions of this Act shall come into force at once.

2. Amendment of Section 1-A

In Section I-A of the President’s Emoluments and Pension Act, 1951 (30 of 1951) (hereinafter referred to as the principal Act), for the words “fifty thousand rupees”, the words “one lakh fifty thousand rupees” shall be substituted.

3. Amendment of Section 2.

In Section 2 of the principal Act,-

(i) in sub-section (1), for the words “of three lakh rupees per annum”, the words “at the rate of fifty per cent of the emoluments of the President per month” shall be substituted;

(ii) in sub-section (2), for clauses (a) and (b), the following clauses shall be substituted, namely:-

“(a) to the use of a furnished residence (including its maintenance), without payment of rent, two telephones (one for internet and broadband connectivity), one mobile phone with national roaming facility and a motor-car, free of charge or to such car allowance as may be specified in the rules;

(b) to secretarial staff consisting of a Private Secretary, one Additional Private Secretary, one Personal Assistant, two Peons and office expenses up to sixty thousand rupees per annum.”.

4. Amendment of Section 3-A.

In Section 3-A of the principal Act, for clause (b), the following clause shall be substituted, namely:-

“(i) to the use of furnished residence (including its maintenance) without after payment of licence fee;

(ii) to secretarial staff consisting of a Private Secretary and a Peon and office expenses as per actuals, the total expenditure on which shall not exceed twelve thousand rupees per annum;

(iii) to a telephone and a motor-car, free of charge or such car allowance for the remainder of his life, as may be specified in the rules;

(iv) to travel anywhere in India, in a calendar year to twelve single journeys, by the highest class, by air, rail or steamer, accompanied by a companion or a relative.”.

5. Insertion of new Section 6.

After Section 5 of the principal Act, the following section shall be inserted, namely:-

“6. Power to remove difficulties.-(1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the President’s Emoluments and Pension (Amendment) Act, 2008, the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiration of two years from the date on which this Act comes into force.

(2) Every order made under sub-section (1) shall be laid before each House of Parliament.”