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Extraordinary Gazette of India · Government of India

The Representation of the People (Amendment) Act, 2006.

Published 27 February 2006

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Rajya Sabha Secretariat
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in.gazette.central.e.2006-02-27.13924
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रजिस्ट्री सं० डी० एल (एन)04/0007/2006-08

REGISTERED NO . DL-(N) 04/0007 /2006-08

भारत का राजपत्र The Gazette ofIndia

असाधारण

EXTRAORDINARY

भाग 11 खण्ड 2

PART II - Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं० 4]

नई दिल्ली, सोमवार, फरवरी 27 , 2006 / फाल्गुन 8 , 1927

No. 4]

NEW DELHI, MONDAY, FEBRUARY 27 , 2006 / Phalguna 8, 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

The following Bill was introduced in the Rajya Sabha on 27th February, 2006:-

BILL NO . XV OF 2006

ABillfurther to amend the Representation ofthe People Act, 1950 .

BE it enacted by Parliament in the Fifty- seventh Year of the Republic of India as follows:-

1.( 1) This Act maybe called the Representation of the People (Amendment) Act, 2006.

commence- ment. Short title and (2) It shall come into force on such date as the Central Government may, by notification in the OfficialGazette, appoint.

2. In section 20 of the Representation of the PeopleAct, 1950 , after sub - section (1A) , the following sub- section shall be inserted, namely:-

Amendment of section 20 ofAct 43 of 1950 .

"( IAA) A person absenting himself from his place ofordinary residence owing to his employment, education, or otherwise , outside India, whether temporarily or not, shall not, by reason thereof, cease to be ordinarily resident in India . " .

2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-SEC .2]

STATEMENT OF OBJECTS AND REASONS

Section 19 of the Representation of the People Act , 1950 provides that every person who is not less than eighteen years of age on the qualifying date and is ordinarily resident in a constituency shall be entitled to be registered in the electoral rolls for that constituency. The meaning of " ordinary resident" is laid down in section 20 of the said Act . At present, a person who is absenting from his place of ordinary residence by reason of his employment , education or otherwise outside India is not qualified to get his name registered in the electoral rolls and thus cast his vote in elections to the Parliament and to the State Legislatures .

2. There are a large number of citizens of India residing outside India due to their employment , education , etc. They have been persistently demanding for conferring them voting rights . Though the issue of conferring voting rights to the citizens of India absenting from their place of ordinary residence in India owing to their employment , education or otherwise outside India has been receiving the attention of the Government for quite some time, yet the same could not be acceded to owing to the practical difficulties in enrolling them in the electoral rolls of the concerned constituency and allowing them to cast their votes outside India within the short span of time available in the election process .

3. It is noted that the right to vote as demanded by the non - resident Indians is their legitimate right . Conferring such right will enable them to participate in the democratic process ofelections in their motherland and will also boost their involvement in the nation building. The Govemment have considered all aspects of the demand and it has been decided to enable the Indian citizens absenting from their place of ordinary residence in India owing to their employment, education or otherwise outside India to get their names registered in the electoral rolls of the concerned constituency of their place of ordinary residence in India had they been in India so that they would be in a position to cast their votes in elections to the Lok Sabha and to the State Legislatures in case they happen to be in their constituency at the time of polls . They may also be able to contest the elections . Accordingly, it is proposed to amend section 20 of the Representation of the People Act, 1950 .

4. The Bill seeks to achieve the above objects .

H.R. BHARDWAJ .

YOGENDRA NARAIN, Secretary-General .

PUBLISHED BY THE SECRETARY - GENERAL, RAJYA SABHA , UNDER RULE 68 DF THE RULES OF PROCEDURE AND CDNDUCT OF BUSINESS IN THE RAJYA SABHA

MGIPMRND-5817GI ( S5 )-07-07-2006 .

Cite this issue. Extraordinary Gazette of India, Government of India, 27 February 2006. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.central.e.2006-02-27.13924/. Archive identifier in.gazette.central.e.2006-02-27.13924.