REGISTERED NO. D.(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 32]

NEW DELHI, THURSDAY, MAY 22, 1975/JYAISTHA 1,1897

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 : —

THE GOVERNMENT OF UNION TERRITORIES

(AMENDMENT) ACT, 1975

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-

ment.

(2) It shall come into force on such date, being a date not earlier than

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)

204

T H E GAZETTE OP INDIA EXTRAORDINARY

[PART II—

Amend,

ment of

section 1

2, In section 1 of the Government of Union Territories Act, 1963

(hereinafter referred to as the principal Act), in sub-section (2),—

(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.

20 of 1963

Amend-

ment of

section 2.

3. In section 2 of the principal Act, in sub-section (I), in clause (h),

for the words "Pondicherry and Mizoram", the words "Pondicherry,

Mizoram and Arunachal Pradesh" shall be substituted.

Substi-

tution

of new-

section

for

section

21.

4. For section 21 of the principal Act, the following section shall be

substituted, namely: —

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

matter¹ 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]

THE GAZETTE OF INDIA EXTRAORDINARY

205

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 33.

7. In section 38 of the principal Act. in clause (a), for the words,

iigures and letter "under section 43A", the words, figures and letters

"under section 43A or section 43C" shall be substituted.

Amend-

ment of

section 38.

8. After section 43A of the principal Act. the following sections shall

be inserted, namely: —

Insertion

of new

sections

43B and

43C.

13 of 1950,

"43B. In the House of the People to be constituted after the

general election, to that House to be held after the commencement 01

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.

Represen-

tation of

Arunachal

Pradesh

in the

House of

the

People,

43C. (I) 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.

Special

provisions

for deli-

mitation

of parlia-

mentary

constitu-

encies in

Arunachal

Pradesh

and

constitu-

encies of

Arunachal

Pradesh

Legislative

Assembly.

(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.

(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;

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

206

THE GAZETTE OF INDIA EXTRAORDINARY

[PAKT II—

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 croposals 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;

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 undpr

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.".

SEC. 1}

THE GAZETTE OF INDIA EXTRAORDINARY

207

ft. In section 44 of the principal Actf 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.

Amend-

ment of

section 44

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

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 Assemblv 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 nrovisional Legislative Assembly as they apply in relation to

the Legislative Assembly.".

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

(i) in section 4,—

(a) sub-section (1) shall be omitted;

(b) for sub-section (2), the

following • subjection 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",

Amend-

ment of

Act 43 of

1950.

ao8

THE GAZETTE OF INDIA EXTRAORDINARY

rP*™ TT

the words "The electoral college for each of. the Union territo

ries of Arunachal Pradesh, Mizoram and Pondicherry" shall tx

substituted;

Amend-

ment of

Act 43 o-

1951.

12. In the Representation of the People Act, 1951, in section 4, in tr.

opening portion, the words "other than a seat allotted to the Union terr

tory of Arunachal Pradesh" shall be omitted.

Provlsio:

as to

sitting

member!

In the

House

of the

People

and the

Council

of States.

13. Notwithstanding anything contained in sections 11 and 12—

(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.

Amend-

ment of

Act 84 oi

1971.

14. In the North-Eastern Council Act, 1971, in section 3, in sub-

section (I),—

(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;

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

tamtnnr rpfPrrpd to in clause (b)'¹ shall be substituted.

Repeal

of Regu-

lation 4

of 1971.

15 As from the commencement of the principal Act, m the Union

territory of Arunachal Pradesh, the North-East Frontier Agency (Ad-

ministration) Supplementary Regulation, 1971 shall stand repealed.

K. K. SUNDARAM,

Secy, to the Govt, of India.

SEC. 11

THE GAZETTE OF INDIA EXTRAORDINARY

209

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".

At page 147, in line 16, for "th epievious" read "the previous".

At page 148, in line 5, for "empoyees" read "employees".

At page 149,—

U) in line 35, for "debenutres," read "debentures,";

(ii) in the penultimate line, for "busienss" read business''.

At page

154, in

line 9, for

"heerinbefore" read "hereinbefore".

At page 158, in line 7 from bottom,—

(i) after "Electricity" omit ",";

(ii) for "the Electricty" read "the Electricity'.

At page Ifl9, In line 3, for ";" read ":".

At page 184, in line 3 from bottom, for "67" read, '"67".

At page 186, In line 12. for "manufac" read "manufac-".

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, NUNTO ROAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 197G