REGISTERED No. D- (D) -72
रजिस्ट्री सं० डी- (डी) -72
भारत का राजपन्न
The Gazette of Judia
असाधारण
EXTRAORDINARY
Π
भाग 11 खण्ड 1
PART II-Section 1
माधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 32]
नई दिल्ली , बृहस्पतिवार, मई 22, 1975/ज्येष्ठ1, 1897 NEW DELHI , THURSDAY , MAY 22 , 1975 / JYAISTHA 1 , 1897
No. 32]
भाग में भिन्न पृष्ठ संख्या की जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
इस Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 22nd May , 1975 / Jyaistha 1 , 1897 ( Saka)
The following Act of Parliament received the assent of the President on the 22nd May, 1975, and is hereby published for general informa- tion: -
ACT , 1975
THE GOVERNMENT OF UNION TERRITORIES (AMENDMENT)
NO . 29 OF 1975
[22nd May , 1975 ]
An Act further to amend the Government of Union Territories Act , 1963 , the Representation of the People Act , 1950 and the Rep- resentation of the People Act , 1951 and also to amend the North- Eastern Council Act , 1971 .
BE it enacted by Parliament in the Twenty- sixth Year of the Republic of India as follows : -
1. ( 1) This Act may be called the Government of Union Territories (Amendment) Act, 1975 .
Short title and commence- (2) It shall come into force on such date , being a date not earlier than ment . the date of commencement of the Constitution ( Thirty- Seventh Amend- ment) Act , 1975 , as the Central Government may, by notification in the Official Gazette, appoint .
(203) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 204
20 of 1963 2. In section 1 of the Government of Union Territories Act , 1963 (hereinafter referred to as the principal Act) , in sub-section ( 2),- Amend- ment of section 1
(i) before the second proviso , the following proviso shall be inserted, namely :-
"Provided further that it shall come into force in the Union territory of Arunachal Pradesh on such date, being a date not earlier than the date of commencement of the Government of Union Territories ( Amendment ) Act , 1975 , as the Central Govern- ment may, by notification in the Official Gazette , appoint: " ;
(ii) in the second proviso, for the words "Provided further that " , the words " Provided also that, subject to the preceding provisos , " shall be substituted .
Amend- ment of section 2 .
3. In section 2 of the principal Act, in sub -section ( 1) , in clause ( h) , for the words " Pondicherry and Mizoram " , the words " Pondicherry, Mizoram and Arunachal Pradesh " shall be substituted .
4. For section 21 of the principal Act , the following section shall be substituted , namely : -
Substi- tution of new section for section 21.
Incon- sistency between laws made by Par- liament and laws made by Legis- lative Assem- bly.
" 21. If any provision of a law made by the Legislative Assembly of a Union territory, with respect to any matter enumerated in the State List in the Seventh Schedule to the Constitution is repugnant to any provision of a law made by Parliament with respect to that matter , whether passed before or after the law made by the Legis- lative Assembly of the Union territory , or, if any provision of a law made by the Legislative Assembly of a Union territory with respect to any matter enumerated in the Concurrent List in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier law, other than a law made by the Legislative Assembly of the Union territory , with respect to that matter, then , in either case , the law made by Parliament, or as the case may be , such earlier law shall prevail and the law made by the Legislative Assembly of the Union territory shall , to the extent of the repugnancy , be void:
Provided that if such law made by the Legislative Assembly of the Union territory has been reserved for the consideration of the President and has received his assent , such law shall prevail in that Union territory :
Provided further that nothing in this section shall prevent Par- liament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly of the Union terrtory. " .
Amend- ment of section 26 .
5. In section. 26 of the principal Act, for the words " by the President" , the words " by the Administrator, or , on being reserved by the Adminis- trator for the consideration of the President , by the President " shall be substituted SEC . 1 ]
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205
Amend- ment of section 33 .
6. In section 33 of the principal Act, in the proviso to sub- section (2) , for the words " the Legislative Assembly of the Union territory of Mizoram" , the words " the Legislative Assemblies of the Union territories of Arunachal Pradesh and Mizoram " shall be substituted .
Amend. ment of section 38 .
7. In section 38 of the principal Act, in clause ( a) , for the words , figures and letter " under section 43A " , the words , figures and letters "under section 43A or section 43C " shall be substituted .
8. After section 43A of the principal Act . the following sections shall be inserted , namely: -
Insertion of new sections 43B and 43C .
43 of 1950.
Represen. tation of Arunachal Pradesh in the Houseof the People.
"43B. In the House of the People to be constituted after the general election to that House to be held after the commencement of the Government of Union Territories ( Amendment) Act, 1975 and thereafter , there shall be allotted two seats to the Union territory of Arunachal Pradesh and the First Schedule to the Representation of the People Act, 1950 shall be deemed to have been amended accord- ingly.
43C. ( 1 ) The provisions of sections 39 to 43 ( both inclusive) shall not apply to the delimitation of parliamentary constituencies in the Union territory of Arunachal Pradesh or to the delimitation of constituencies for the purpose of elections to the Legislative Assembly of that Union territory .
( 2) The Election Commission shall divide the Union territory of Arunachal Pradesh into two single -member parliamentary consti- tuencies on the basis of the latest census figures .
Special provisions for deli- mitation ofparlia. mentary constitu- encies in Arunachal Pradesh and constitu- encies of Arunachal Pradesh Legislative Assembly .
(3 ) The Election Commission shall also , in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union territory of Arunachal Pradesh under sub - section ( 2 ) of section 3 to single -member assembly constituencies and delimit them on the basis of the latest census figures having regard to the following provisions : ---
(a) all constituencies shall , as far as practicable , be geogra- phically compact areas ;
(b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency ;
(c) in delimiting the constituencies , regard shall be had to physical features , existing boundaries of administrative units , facilities of communication and public convenience.
(4) For the purpose of assisting in the performance of its func- tions under sub- sections ( 2 ) and ( 3 ) , the Election Commission shall associate with itself as associate members-
(a) the member of the House of the People representing the Union territory of Arunachal Pradesh;
(b) such five members of the Legislative Assembly of the Union territory of Arunachal Pradesh as the Speaker of that THE GAZETTE OF INDIA EXTRAORDINARY
206
[РАКТ ІІ-
Assembly shall , having regard to the composition of the Legisla- tive Assembly , nominate :
Provided that none of the associate members shall have a right to vote or sign any decision of the Election Commission .
(5) If owing to death or resignation, the office of an associate members falls vacant , it shall be filled , if practicable, in accordance with the provisions of sub -section ( 4) .
(6) The Election Commission shall-
( a) publish its proposals for the delimitation of constituen- cies together with the dissenting proposals if any , of any asso- ciate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may con- sider fit , together with a notice inviting objections and sugges- tions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it ;
(b) consider all objections and suggestions which may have been received by it before the date so specified ;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of consti- tuencies and cause such order or orders to be published in the Official Gazette ; and upon such publication , the order or orders shall have the full force of law and shall not be called in ques- tion in any court .
(7) The Election Commission may , from time to time. by noti- fication in the Official Gazette.-
(a) correct any printing mistake in any order made under sub- section ( 6) or any error arising therein from inadvertent slip or omission:
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered , make such amendments as appear to it to be necessary or expedient for bringing such order up- to -date .
(8) Every order made under sub -section ( 6) and every notifica- tion issued under sub - section (7) shall be laid as soon as may be after it is made or issued before the House of the People and the Legislative Assembly of the Union territory of Arunachal Pradesh .
(9) All things done , and all steps taken, before the commence- ment of this Act in the Union territory of Arunachal Pradesh with a view to delimiting the territorial constituencies of that Union terri- tory for purposes of elections to the Legislative Assembly of that Union territory shall , in so far as they are conformity with the foregoing provisions of this section , be deemed to have been done or taken under those provisions as if these provisions were in force at the time such things were done or such steps were taken . ".
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 17
207
Amend . ment of section 44 9. In section 44 of the principal Act , in sub -section ( 2 ) , for the words "the Administrator of the Union territory of Mizoram " , the words " the Administrator of each of the Union territories of Arunachal Padesh and Mizoram " shall be substituted .
10. After section 54 of the principal Act, the following section shall be inserted , namely : -
Insertion of new section 54A.
Provision
as to provisional Legislative Assembly of
Arunachal Pradesh .
4 of 1971 .
"54A. (1) Notwithstanding anything contained in this Act ( in- cluding provisions relating to the strength of the Legislative Assem- bly of the Union territory of Arunachal Pradesh ) , until the Legisla- tive Assembly of the Union territory of Arunachal Pradesh has been duly constituted and summoned to meet for the first session under and in, accordance with the provisions of this Act , there shall be a provisional Legislative Assembly which shall consist of members , being those persons referred to in clauses (b ) , ( c) and ( d) of section 3 of the North-East Frontier Agency ( Administration) Supplement- ary Regulation , 1971 and who are functioning , immediately before the commencement of this Act in the Union territory of Arunachal Pradesh , as members of the Pradesh Council constituted under the said section 3 .
( 2) The term of office of the members of the provisional Legis- lative Assembly shall expire immediately before the first meeting of the Legislative Assembly duly constituted after the first general election to that Assembly .
(3 ) The provisional Legislative Assembly constituted under this section shall , for so long it is in existence , be deemed to be the Legislative Assembly duly constituted under this Act and according- ly the other provisions of this Act , so far as may be , apply in relation to the provisional Legislative Assembly as they apply in relation to the Legislative Assembly. ".
11. In the Representation of the People Act , 1950,-
(i) in section 4 ,-
Amend- ment of Act43 of 1950.
(a) sub -section ( 1) shall be omitted:
(b) for sub - section ( 2 ) , the following sub- section shall be substituted , namely: ----
" (2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by per- sons chosen by direct election from parliamentary constitu- encies in the States ." ;
(ii) in section 27A,-
(a) in sub-section ( 1) , for the words , brackets and figure "Subject to the provisions of sub - section ( 5) , for the purpose of filling any seat" , the words "For the purpose of filling any seat " shall be substituted;
(b ) in sub - section ( 4) , for the words " The electoral college for each of the Union territories of Pondicherry and Mizoram " , 208
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[PART H
the words " The electoral college for each of the Union territo- ries of Arunachal Pradesh , Mizoram and Pondicherry " shall be substituted;
(c) sub - section ( 5) shall be omitted.
12. In the Representation of the People Act , 1951 , in section 4, in the opening portion , the words " other than a seat allotted to the Union terri- tory of Arunachal Pradesh" shall be omitted .
Amend. ment of Act43 of 1951.
13. Notwithstanding anything contained in sections 11 and 12-
Provision as to sitting members in the House of the People and the Council of States .
(a) the member representing , immediately before the commence- ment of this Act , the Union territory of Arunachal Pradesh in the present House of the People shall continue to represent that Union territory until the dissolution of the present House of the People and so often as before such dissolution the seat allotted to that Union territory in the present House of the People becomes vacant, it shall be filled by a person nominated by the President and that person shall represent that Union territory in the present House of the People until its dissolution;
(b) the member representing , immediately before the com- mencement of this Act, the Union territory of Arunachal Pradesh in the Council of States shall continue to represent that Union territory until the expiry of his term of office.
14. In the North- Eastern Council Act, 1971 , in section 3 , in sub- section ( 1 ) ,-
Amend- ment of Act84 of 1971.
(a) in clause ( b ) , for the words " and of the Union territory of Mizoram " , the words " and of the Union territories of Arunachal Pradesh and Mizoram " shall be substituted;
(b) clause ( c) shall be omitted;
(c) in the proviso , for the words , brackets and letter " in any State referred to in clause (b ) or in the Union territory referred to in that clause" , the words , brackets and letter " in any State or Union territory referred to in clause ( b ) " shall be substituted .
15. As from the commencement of the principal Act , in the Union territory of Arunachal Pradesh , the North-East Frontier Agency (Ad- ministration) Supplementary Regulation, 1971 shall stand repealed.
Repeal ofRegu. lation 4 of1971 .
K. K. SUNDARAM, Secy, to the Govt . of India .
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209 SEC. 1 ]
CORRIGENDA
In the Finance Act , 1975 (25 of 1975) as published in the Gazette of India. Extraordinary , Part II , Section 1 , dated the 12th May, 1975 :-
1. At page 141 , in the marginal heading to section 1 , for " Short title. " read "Short title" .
2. At page 147, in line 16, for " th eprevious " read " the previous" .
3. At page 148, in line 5, for " empoyees " read " employees" .
4. At page 149 ,-
(i) in line 35 , for " debenutres , " read "debentures ," ;
( ii) in the penultimate line , for " busienss" read business" .
5. At page 154, in line 9, for " heerinbefore " read " hereinbefore" .
6. At page 158 , in line 7 from bottom, -
( i ) after " Electricity " omit "," ;
( ii) for "the Electricty " read " the Electricity' .
7. At page 169, in line 3 , for " ;" read " . ".
8. At page 184, in line 3 from bottom, for " 67 " read, "" 67" .
9. At page 186, in line 12. for " manufac " read " manufac-" .
IRAL SECRIAL
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PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1975