A Bill to provide for the creation of Legislative Council for the State of Assam and for

matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—

1. This Act may be called the Assam Legislative Council Act, 2013.

2. In this Act, 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 of Assam; and as from that date, in sub-clause (a) of clause (1)

of article 168, after the words “Andhra Pradesh,”, the word “Assam,” shall be inserted.

(2) In the said Council, there shall be 42 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 14, 4 and 4 respectively;

Short title.

43 of 1950.

Creation of

Legislative

Council for

Assam.

Definition.

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No. 37] NEW DELHI, TUESDAY, DECEMBER 10, 2013/AGRAHAYANA 26, 1935 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

RAJYA SABHA

————

The following Bills were introduced in the Rajya Sabha on the 10th December, 2013:—

BILL NO. LXVI OF 2013

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(b) the number to be filled by persons elected by the members of the Legislative

Assembly of Assam in accordance with the provisions of sub-clause (d) of the said

clause shall be 14; and

accordance with the provisions of sub-clause (e) of that clause shall be 6.

(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 Assam 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

(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.

4. In the Representation of the People Act, 1950,—

(a) in the Third Schedule, after entry No.1 relating to Andhra Pradesh, the following

entry shall be inserted, namely:—

“1A. Assam 42 14 4 4 14 6”;

(b) in the Fourth Schedule, after the heading “ANDHRA PRADESH” and the

entries thereunder, the following heading and entries shall be inserted, namely:—

“ASSAM

1. Municipal Corporations.

2. Municipal Councils.

3. Town Committees.

4. Zilla Parishads.

5. Anchalik Panchayats.

6. Gaon Panchayats.

7. Autonomous Councils constituted under the relevant State Acts.

8. Sixth Schedule Councils.”.

5. In section 15A of the Representation of the People Act, 1951, after the words and

figures “and constituting the Legislative Council of the State of Andhra Pradesh under the

Andhra Pradesh Legislative Council Act, 2005”, the words and figures “and constituting the

Legislative Council of the State of Assam under the Assam Legislative Council Act, 2013”

shall be inserted.

43 of 1950.

Amendment

of Third

Schedule and

Fourth

Schedule to

Act 43 of

1950.

1 of 2006.

Amendment of

section 15A of

Act

1951.

43 of 1951.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Clause (1) of article 169 of the Constitution provides that Parliament may, by law,

provide for the abolition of the Legislative Council of a State having such a Council or for the

creation of such a Council in a State having no such Council, if the Legislative Assembly of

the State passes a resolution to that effect by a majority of the total membership of the

Assembly and by a majority of not less than two-thirds of the members of the Assembly

present and voting.

2. On 14th July, 2011, the Assam Legislative Assembly passed a resolution as required

under clause (1) of article 169 of the Constitution for the creation of Legislative Council in

that State. It is, accordingly, proposed to enact a legislation providing for the creation of

Legislative Council for the State of Assam with forty-two members paving the way for giving

better opportunity for people’s participation in governance and decision making.

3. The Bill seeks to achieve the above objects and also provides for matters supplemental,

incidental and consequential to the creation of the Legislative Council for the State of

Assam.

KAPIL SIBAL

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Short title and

commencement.

Definitions.

BILL NO. LXVII OF 2013

A Bill to provide for readjustment of seats in the House of the People and in the Legislative

Assemblies of the States, and for the readjustment of territorial constituencies therefor,

insofar as such readjustment is necessitated by inclusion in, or exclusion from, the lists

of the Scheduled Castes and the Scheduled Tribes and for matters connected therewith

or incidental thereto.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—

1. (1) This Act may be called the Readjustment of Representation of Scheduled

Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies (Third)

Act, 2013.

(2) It shall be deemed to have come into force on the 30th day of January, 2013.

2. In this Act, unless the context otherwise requires,—

(a) “Census Commissioner’’ means the Census Commissioner appointed under

sub-section (1) of section 4 of the Census Act, 1948;

37 of 1948.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(b) “Commission’’ means the Election Commission referred to in article 324 of the

Constitution;

(d) ‘‘Delimitation Order’’ means the Delimitation of Parliamentary and Assembly

Constituencies Order, 2008;

(e) ‘‘last census’’ means the census held in India in 2001;

(f) ‘‘Scheduled Castes Orders’’ means the Constitution (Scheduled Castes)

Order, 1950, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, the

Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 and the

Constitution (Puducherry) Scheduled Castes Order, 1964, made by the President under

article 341 of the Constitution;

(g) ‘‘Scheduled Tribes Orders’’ means the Constitution (Scheduled Tribes)

Order, 1950, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, the

Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 and the Constitution

(Sikkim) Scheduled Tribes Order, 1978, made by the President under article 342 of the

Constitution;

(h) ‘‘State’’ includes a Union territory having a Legislative Assembly, but does

not include the State of Jammu and Kashmir.

3. (1) As soon as may be after the commencement of this Act, the population as at the

last census, of the Scheduled Castes or, as the case may be, of the Scheduled Tribes, in each

State shall be ascertained or estimated by the Census Commissioner.

(2) Where by reason of the amendments made in the Scheduled Castes Orders and the

Scheduled Tribes Orders after the last census and up to 31st May, 2012, the population of the

Scheduled Castes or the Scheduled Tribes as at the last census is varied in a State, the

Census Commissioner shall ascertain or estimate as on the 1st day of March, 2001, the

population of the Scheduled Castes or the Scheduled Tribes so varied, and also ascertain or

estimate the proportion of such population of the Scheduled Castes or the Scheduled Tribes,

respectively, to the total population of the State in the last census.

(3) The population figures ascertained or estimated under sub-section (2) shall be

notified by the Census Commissioner in the Gazette of India.

(4) The population figures notified under sub-section (3) shall be taken to be the

relevant population figures as ascertained or estimated at the last census and shall supersede

any figures previously published; and the figures so notified shall be final and shall not be

called in question in any court.

4. (1) After the population figures have been notified for any State under section 3, the

Commission shall make such amendments as may be necessary in the Delimitation Order,

having regard to the provisions of articles 81, 170, 330 and 332 of the Constitution, section 8

of the Delimitation Act, and of this Act, for the purpose of giving proper representation to the

Scheduled Castes or, as the case may be, to the Scheduled Tribes of that State, and the First

Schedule and the Second Schedule to the Representation of the People Act, 1950 shall be

deemed to have been amended accordingly.

(2) In making any amendments in the Delimitation Order under sub-section (1), the

Commission shall, as far as may be necessary, have regard to the provisions of clauses (c)

and (d) of sub-section (1) of section 9 of the Delimitation Act.

(3) The Commission shall—

(a) publish its proposals for the amendments in the Gazette of India and the

Official Gazettes of the States concerned and also in such other manner as it thinks fit;

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

33 of 2002.

Estimation of

population of

Scheduled

Castes and

Scheduled

Tribes.

Readjustment

of territorial

constituencies

Commission.

43 of 1950.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

before the date so specified and for such consideration hold one or more public

sittings at such place or places in each State as it thinks fit; and

(d) thereafter make necessary amendments in the Delimitation Order.

5. (1) In the discharge of its functions under this Act, the Commission shall determine

its own procedure and shall have all the powers of a civil court under the Code of Civil

Procedure, 1908, while trying a suit, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the production of any document; and

(2) The Commission shall have the power to require any person to furnish any

information on such points or matters as, in the opinion of the Commission, may be useful

for, or relevant to, any matter under the consideration of the Commission.

(3) The Commission shall be deemed to be a civil court for the purposes of sections 345

and 346 of the Code of Criminal Procedure, 1973.

Explanation.—For the purposes of enforcing the attendance of witnesses, the

jurisdiction of the Commission shall be the limits of the territory of India.

6. (1) The Commission shall cause the amendments made by it in the Delimitation Order

to be published in the Gazette of India and in the Official Gazettes of the States concerned.

(2) On and from the date of publication in the Gazette of India, every such amendment

shall have the force of law and shall not be called in question in any court.

(3) As soon as may be after such publication in the Gazette of India and in the Official

Gazette of the State, every such amendment shall be laid before the House of the People and

the Legislative Assembly of the State concerned.

(4) Subject to the provisions of sub-section (5), the readjustment of seats and territorial

constituencies in the House of the People or in the Legislative Assembly of a State necessitated

by any amendments made by the Commission in the Delimitation Order and provided for in

that Order as so amended shall apply in relation to every election to the House of the People

or, as the case may be, to the Assembly of any State, held after the publication of such

amendments in the Gazette of India, and shall so apply notwithstanding such provisions

contained in the Representation of the People Act, 1950.

(5) Nothing contained in the foregoing sub-sections shall affect the representation in

the House of the People or in the Legislative Assembly of a State, until the dissolution of the

House of the People or of the Assembly of any State, as the case may be, existing on the date

of publication of the amendments made by the Commission in the Gazette of India.

7. (1) The Commission may, from time to time, by notification in the Gazette of India and

in the Official Gazette of the State concerned,—

(a) correct any printing mistake in the Delimitation Order as amended under this

Act or any error occurring therein from any inadvertent slip or omission; and

(b) where the boundaries or the name of any district or any territorial division

mentioned in the said Order are or is altered, make such amendments as appear to it to

be necessary or expedient for bringing the Delimitation 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 of the State

concerned.

5 of 1908.

Procedure and

powers

Commission.

2 of 1974.

Publication of

amendments

and their dates

of operation.

43 of 1950.

Certain other

powers

Commission.

SEC. 2]

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8. All things done and all steps taken before the commencement of this Act by the

Census Commissioner for the ascertainment or estimation of population of the Scheduled

Castes and the Scheduled Tribes, or by the Commission for the purpose of readjustment of

seats and territorial constituencies shall, insofar as they are in conformity with the provisions

of this Act, be deemed to have been done or taken under these provisions as if such provisions

were in force at the time such things were done or such steps were taken.

9. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central

Government may, by order published in the Official Gazette, make such provisions, not

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for

removing the difficulty:

Provided that no order shall be made under this section after the expiry of two years

from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is

made, before each House of Parliament.

10. Notwithstanding the fact that the Readjustment of Representation of Scheduled

Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies (Second)

Ordinance, 2013 has ceased to operate, anything done or any action taken or purported to

have been done or taken under the provisions of the said Ordinance shall be deemed to have

been done or taken under the corresponding provisions of this Act as if such provisions had

been in force at all material times.

11. (1) The Readjustment of Representation of Scheduled Castes and Scheduled Tribes

in Parliamentary and Assembly Constituencies (Third) Ordinance, 2013 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said

Ordinance shall be deemed to have been done or taken under the corresponding provisions

of this Act.

Validation of

acts done

becore

commencement

of Act.

Power to

remove

difficulties.

Validation of

acts done

under

Ordinance 6

of 2013.

Repeal and

savings.

Ord. 10 of

2013.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Articles 330 and 332 of the Constitution provide for reservation of seats for the

Scheduled Castes and the Scheduled Tribes, respectively in the House of the People and

in the Legislative Assemblies of the States, in proportion to their population. Articles 82

and 170 of the Constitution provide for readjustment of seats after each census.

Accordingly, the seats for the Scheduled Castes and the Scheduled Tribes in the House of

the People and Legislative Assemblies of the States have been readjusted as per 2001

census.

2. In Virendra Pratap and another Vs. Union of India and others writ Petition (Civil)

No. 540 of 2011, was filed in the Supreme Court vide its Order dated the 10th January, 2012

directed the Election Commission of India to consider the case of the Scheduled Tribes

which had been included in the list of the Scheduled Tribes by virtue of the Scheduled

Castes and the Scheduled Tribes Orders (Amendment) Act, 2002 and to take appropriate

steps for their representation in the House of the People, as well as in the State Legislative

Assembly. Pursuant thereto, the Election Commission of India desired that a legislation

may be enacted specifically empowering it to carry out readjustment of seats for the

Scheduled Castes and the Scheduled Tribes in the light of the revised population figures

of the Scheduled Castes and the Scheduled Tribes, as may be ascertained and estimated

by the Census Commissioner as on 1st March, 2001, after taking into account the

population figures of the castes and tribes, which have been declared as the Scheduled

Castes and the Scheduled Tribes after publication of 2001 Census.

3. After the Census of 2001 and up to 31st May, 2012, several castes and tribes have

been included in and excluded from the lists of the Scheduled Castes and the Scheduled

Tribes by eleven Amendment Acts of Parliament. Despite such inclusion, their

representation in the Delimitation of Parliamentary and Assembly Constituency Order, 2008

was not done. Thus, there is an urgent need to review and restore the statutory rights of

those castes and tribes so included and excluded all over the country.

4. As the Parliament was not in session and immediate steps were required to be

taken to implement the aforesaid Order of the Supreme Court, the President was pleased to

promulgate the Readjustment of Representation of Scheduled Castes and Scheduled Tribes

in Parliamentary and Assembly Constituencies Ordinance, 2013 on the 30th January, 2013.

Thereafter, a Bill namely, the Readjustment of Representation of Scheduled Castes and

Scheduled Tribes in Parliamentary and Assembly Constituencies Bill, 2013, to replace the

said Ordinance was introduced in the Council of States on the 26th February, 2013. The

said Bill was referred to the Department-related Parliamentary Standing Committee on

Personnel, Public Grievances, Law and Justice on the 18th March, 2013 for examination

and report. The Committee presented its fifty-ninth report to the Council of States on the

2nd May, 2013 recommending that the Bill may be passed.

5. As the said replacement Bill could not be passed by Parliament at the expiration of

six weeks from the reassembly of Parliament, in terms of sub-clause (a) of clause (2) of

article 123 of the Constitution, the aforesaid Ordinance ceased to operate on the 4th April,

2013. In order to validate and continue the work already initiated by the Census

Commissioner and the Election Commission of India as per provisions of the said

Ordinance, the Readjustment of Representation of Scheduled Castes and Scheduled Tribes

in Parliamentary and Assembly Constituencies (Second) Ordinance, 2013 was promulgated

on the 5th June, 2013. Thereafter, on re-assembly of Parliament, the Readjustment of

Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly

Constituencies Bill, 2013 was withdrawn from the Council of States and a Bill namely, the

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

Readjustment of Representation of Scheduled Castes and Scheduled Tribes in

Parliamentary and Assembly Constituencies (Second) Bill, 2013 was introduced in the said

House on the 7th August, 2013 to replace the said Second Ordinance.

6. However, as the Readjustment of Representation of Scheduled Castes and

Scheduled Tribes in Parliamentary and Assembly Constituencies (Second) Bill, 2013 also

could not be passed by Parliament at the expiration of six weeks from the re-assembly of

Parliament, the said Second Ordinance ceased to operate on the 15th September, 2013, and

the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in

Parliamentary and Assembly Constituencies (Third) Ordinance, 2013 was promulgated on

the 27th September, 2013 in order to validate and continue with the work already initiated

by the Census Commissioner and the Election Commission of India as per provisions of

the said Second Ordinance.

7. The said Third Ordinance, inter alia, provides as follows:—

(i) the Census Commissioner shall ascertain and estimate the varied population

figures of the Scheduled Castes and the Scheduled Tribes in the States as on the

last census held in 2001 and notify the same in the Gazette of India;

(ii) the Election Commission of India shall make necessary amendments in the

Delimitation of Parliamentary and Assembly Constituencies Order, 2008 for the purpose

of giving proper representation to the Scheduled Castes or the Scheduled Tribes in

Lok Sabha and Legislative Assemblies of the States by readjustment of Parliamentary

and Legislative Assemblies territorial constituencies;

(iii) the Election Commission of India shall cause publication of amendments

made in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008

and dates of its operation;

(iv) the Election Commission of India shall make necessary correction of the

errors in the said Delimitation Order and also make necessary alterations therein,

pursuant to any change in boundaries and name of any district or territorial division.

8. The Bill seeks to replace the Readjustment of Representation of Scheduled

Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies (Third)

Ordinance, 2013.

KAPIL SIBAL.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-clause (1) of clause 4 of the Bill confers powers upon the Election Commission

to make necessary amendments it in the Delimitation Order having regard to the relevant

provisions of the Constitution, the Delimitation Act and the provisions of this Bill.

2. Sub-clause (1) of clause 7 of the Bill confers powers upon the Election Commission

to make, by notification, correction of printing mistake or any error in the Delimitation of

Parliamentary and Assembly Constituencies Order, 2008 and also to make necessary

amendments therein, pursuant to any change in boundaries and name of any district or

territorial division.

3. Sub-clause (1) of clause 9 of the Bill confers powers upon the Central Government

to issue orders to remove any difficulty which may arise to give effect to the provisions of

the proposed enactment within a period of two years.

4. The notification issued by the Election Commission shall be laid, as soon as, it is

issued, before each House of Parliament and before the Legislative Assembly of the State

concerned. The order made by the Central Government shall be laid, as soon as, it is issued,

before each House of Parliament.

5. The matters in respect of which the notification may be issued or the order may be

made are matters of procedure and administrative detail. The delegation of legislative power

is, therefore, of a normal character.

————

SHUMSHER K. SHERIFF,

Secretary-General.

GMGIPMRND—3608GI(S4)—17-12-2013.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE

AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 2]