REGISTERED NO . DL-(N )04 /0007/2006-08
रजिस्ट्री सं० डी० एल (एन)04/0007/2006-08
भारत को राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II - खण्ड -2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 3]
नई दिल्ली, सोमवार, फरवरी 20, 2006/ फाल्गुन1, 1927
No. 3]
NEW DELHI, MONDAY, FEBRUARY 20, 2006 / PHALGUNA 1, 1927
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 may be filed as a separate compilation.
RAJYA SAВНА
Thefollowing Bill was introduced in the Rajya Sabha on 20th February, 2006 :-
BILL NO . XIII OF 2006
ABill further to amend the Government of Union Territories Act, 1963 and the Government ofNational Capital Territory ofDelhi Act, 1991 .
BE itenactedby Parliament in the Fifty - seventh Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
Short title and commencement.
1.(1) This Act may be called the Government of Union Territories and the Government ofNational Capital Territory of Delhi (Amendment) Act , 2006 .
(2) Section 2 shall be deeined to have come into force on the 31st day of March , 2005 .
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
CHAPTER II
AMENDMENT OF THE GOVERNMENT OF UNIDN TERRITORIESACT, 1963
20 of 1963 .
2. After section 43E of the Government of Union Territories Act , 1963 , the following section shall be inserted , namely:
Insertion of new section 43F.
33 of 2002 .
Special provision as to readjustment of territorial conslituencies on the basis of2001 census .
"43F. Notwithstanding the publication of orders under sub - section ( 1 ) of section 10 of the Delimitation Act, 2002 or anything contained in sub - section (2) or sub- section (4) of the said section , any readjustment in the division of Union territory into territorial constituencies by the Delimitation Commission under the said Act, on the basis of2001 census shall take effect from such date as the Central Government may, by order, published in the Official Gazette , specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment. " .
CHAPTER IIⅢ
AMENDMENT OF THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT , 1991
1 of 1992 .
Amendment of section 3 .
3. Insection 3 of the Government ofNational Capital Territory of Delhi Act, 1991 , in sub- section (3 ) , after the proviso , the following proviso shall be inserted , namely:-
33 of 2002 .
"Provided further that any readjustment in the division ofthe Capital into territorial constituencies by the Delimitation Commission under the Delimitation Act, 2002 on the basis of 2001 census shall take effect from such date as the Central Government may, by order , published in the Official Gazette , specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis ofthe territorial constituencies existing before such readjustment." .
3
SEC.2]
THE GAZETTE OF INDIA EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
Article 81 read with article 82 ofthe Constitution, inter alia, provides that the allocation ofseats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine. Further, such readjustment of territorial constituencies is required to be done on the basis of 2001 census figures. The second proviso to article 82 of the Constitution provides that such readjustment shall take effect from such date as the President may by order specify and until such readjustment takes effect , any election to the House of the People may be held on the basis of the territorial constituencies existing before such readjustment , Article 170 contains similar provisions in respect of readjustment of each State into territorial constituencies in respect of representation in State Legislative Assemblies . However, there is no such enabling provision either in the Constitution or in the Government of Union Territories Act, 1963 or in the Government of National Capital Territory of Delhi Act, 1991 in respect of the Union territory of Pondicherry and the National Capital Territory of Delhi empowering the President or the Central Government to issue an order by means of which the coming into force of the readjustment ofterritorial constituencies in respect of the Union territory of Pondicherry and the National Capital Territory of Delhi could be specified. In other words , the delimitation orders issued by the Delimitation Commission constituted under the Delimitation Act , 2002 in respect ofthe aforesaid Union territories would be operative from the date of such order.
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2. The second proviso to article 82 and the second proviso to clause (3) of article 170 of the Constitution provide that the readjustment after the delimitation exercise is over will take effect only from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House of the People or to the State Legislative Assemblies shall be held on the basis of territorial constituencies existing before such readjustment . In other words , they would be on the basis of the 1971 census figures . This constitutional provision is also carried over to the Delimitation Act, 2002 by sub - sections (2) and (4) of section 10 thereof.
3. The delimitation exercise in respect of Union territory of Pondicherry and certain States are over but in case of the majority of States and the National Capital Territory of Delhi , the exercise is not over. Hence , an anomalous situation whereby elections may have to be conducted on the basis of two different census figures in respect of the Union Territory of Pondicherry vis a vis the rest of the country would arise unless nessary provision is made in the aforesaid Acts .
4. To rectify the aforesaid anomalous situation arising out of lack of a suitable enabling provision in the Government of Union Territories Act , 1963 and the Government of National Capital Territory of Delhi Act, 1991 , a provision similar to the corresponding provisions under the second proviso to article 82 and the second proviso to clause (3) of article 170 of the Constitution is proposed to be made by amending the Government of Union Territories Act, 1963 with retrospective effect, i.e. , from 31st March, 2005 and the Government ofNational Capital Territory of Delhi Act , 1991 from the date of assent of the Bill .
5. The Bill seeks to achieve the above objects .
SHIVRAJ V. PATIL
YOGENDRA NARAIN ,
Secretary-General.
PUBLISHED BY THE SECRETARY - GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA
MGIPMRND--5573GI (S5 )-07-07-2006.