रजिस्ट्री से डीएल (एन)04/0007/2003-05 REGISTERED NO . DL- (N)04/0007/2003-05
भारत को राजपत्र The Gazette of.India
असाधारण
EXTRAORDINARY
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भाग II - खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बृहस्पतिवार, दिसम्बर16 , 2004/ अग्रहायण 25 , 1926
सं 20 No. 20]
NEW DELHI, THURSDAY, DECEMBER 16, 2004/ AGRAHAYANA 25 , 1926
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it maybe filed as a separate compilation.
LOK SABHA
The following Bill was introduced in Lok Sabha on 16th December, 2004:-
BILL NO . 102 OF 2004
A Bill to providefor the creation of Legislative Councilfor the State ofAndhra Pradesh andfor matters supplemental , incidental and consequential thereto.
BE it enacted by Parliament in the Fifty- fifth Year ofthe Republic of India as follows:---
Short title .
1. This Act may be called the Andhra Pradesh Legislative Council Act, 2004 .
Definitions .
43 of 1950 .
2. In thisAct, unless the context otherwise requires , each of the words and expressions used herein and not defined but defined in the Representation of the People Act, 1950 , shall have the same meaning as in that Act .
3. ( 1) As from such date as the President may by order appoint, there shall be a Legislative Council for the State ofAndhra Pradesh; and as from that date , in sub -clause (a) ofclause ( 1 ) of article 168 , after the words " States of", the words " Andhra Pradesh " , shall be inserted.
Creation of Legislative Cnuncil for Andhra Pradesh.
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THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
(2) In the said Council , there shall be 90 seats of which-
(a) the numbers to be filled by persons elected by the electorates referred to in sub- clauses ( a ) , (b ) and ( c) of clause (3 ) of article 171 shall be 31 , 8 and 8 respectively;
(b) the number to be filled by persons elected by the members of the Legislative Assembly ofAndhra Pradesh in accordance with the provisions of sub -clause (a) of the said clause shall be 31 ; and
(c) the number to be filled by persons nominated by the Governor of Andhra Pradesh in accordance with the provisions of sub- caluse (e) of that clause shallbe 12 .
:
(3) As soon as may be after the commencement of this Act, the President , after consultation with the Election Commission , shall, by order , determine-
(a) the constituencies into which the State of Andhra Pradesh shall be divided for the purpose of elections to the said 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 to be allotted to each constituency.
43 of 1950 (4) As soon as may be after such determination , steps shall be taken to constitute the said Council in accordance with the provisions of this Act, the Representation of the People Act, 1950 and the Representation of the People Act, 1951.
43 of 1951 .
4. In the Representation of the People Act, 1950,-
(a) inthe Third Schedule, before entry No. 2 relating to Bihar , the following entry shall be inserted , namely:-
" 1. Andhra Pradesh 90 31 8 8 31 12" ;
Amendment ofThird Schedule and Fourth Schedule of Act43 of 1950 .
(b) in the Fourth Schedule , before the heading "BIHAR " , the following heading and entries shall be inserted , namely:-
"ANDHRA PRADESH
1.Municipal Corporations .
2.Municipalities.
3. Nagar Panchayats .
4. Cantonment Boards .
5. Zila Praja Parishads.
6. Mandal Praja Parishads ." .
37 of 1957 .
5. In section 15A of the Representation of the People Act, 1951 , for the words and figures" under the Legislative Councils Act , 1957 ", the words and figures " under the Andhra Pradesh Legislative Council Act, 2004 " shall be substituted.
Amendment of section 15A of Act 43 of 1951 .
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THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
STATEMENT OF OBJECTS AND REASONS
Under article 169( 1 ) of the Constitution, Parliament may, by law, provide for the creation of a Legislative Council in a State having no such Council , if the Legislative Assembly of the State passes a resolution to that effect by a majority ofthe total membership ofthe Assembly and by a majority of not less than two-thirds of the Members of the Assembly present and voting. The Legislative Assembly of the State of Andhra Pradesh passed a resolution on the 8th July, 2004 in terms of article 169 ( 1 ) of the Constitution for the creation of Legislative Council in that State . It is accordingly proposed to provide for the creation of Legislative Council for the State of Andhra Pradesh. The said Council will have the same number of seats as it had when it was abolished by the Andhra Pradesh Legislative Council (Abolition) Act, 1985, with effect from the 1st June , 1985 .
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2. The Bill seeks to achieve the said objects and also provides for matters supplemental , incidental and consequential to the creation of such Council .
H.R. BHARDWAJ.
NEW DELHI;
The 3rd December , 2004 .
GC . MALHOTRA , Secretary-General.
PRINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI . 2005 .
MGIPMRND-3780LS-11.04.2005.