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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 14] NEW DELHI, SUNDAY, JANUARY 25,1976/MAGHA 5,1897

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 25th January, 1976/Magha 5, 1897 (Saka)

The following Act of Parliament received the assent of the President on the 25th January, 1976, and is hereby published for general informa- tion : —

THE ELECTION LAWS (EXTENSION TO SIKKIM) ACT, 1976

No. 10 OF 1976

[25th January, 1976]

An Act to provide for the extension of the Representation of the People Act, 1950 and the Representation of the People Act, 1951, to the State of Sikkim.

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 Election Laws (Extension to Sikkim) Act, 1976.

Short title and com-

mence- (2) It shall be deemed to have come into force on the 9th day of

ment.

September, 1975.

2. (1) The Acts mentioned in the Schedule are hereby extended to, and shall be in force in, the State of Sikkim.

(2) With effect from the commencement of this Act, the Acts men- tioned in the Schedule shall be amended as specified therein.

Extension and amend- ment of election laws, (3) Any reference in the Acts mentioned in the Schedule to a law not in force, or to a functionary not in existence, in the State of Sikkim shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State:

( 7 3)

Provided that if any question arises as to who such corresponding functionary is, or if there is no such corresponding functionary, the Central Government shall decide as to who such functionary will be and the decision of the Central Government shall be final.

3. (1) The Election Laws (Extension to Sikkim) Ordinance, 1975, is 9 of 1975.

hereby repealed.

Repeal and saving,

(2) Notwithstanding such repeal, anything done or any action taken under or by virtue of the said Ordinance shall be deemed to have been done or taken under or by virtue of this Act.

THE SCHEDULE

(See section 2)

THE REPRESENTATION OF THE PEOPLE ACT, 1950

(43 OF 1950)

Section 7A.—After section 7, insert: —

"7A. (I) Notwithstanding anything contained in section 7, in the Legislative Assembly of the State of Sikkim [deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the Legis- lative Assembly of that State duly constituted], the total number of seats to be filled by persons chosen by direct election from Assembly constituencies shall be 32.

(2) Every Assembly constituency referred to in sub-section (1)

shall be a single-member constituency.

Total number oi seats In the Legislative Assembly of Sik- kim and Assembly constitu- encies.

(3) In the Legislative Assembly so deemed to be duly consti- tuted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975.".

Section 25A.—In Part III, after section 25, insert: —

Condi- tions of registra- tion as elec- tor in Sangha constitu- ency in Sikkim.

"25A. Notwithstanding anything contained in sections 15 and 19, for the Sangha constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of the elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.".

The First Schedule.—In the First Schedule, under the heading "I. STATES", after serial number 15 and the entries relating thereto, insert: —

"15A. Sikkim

I .. ".

THE REPRESENTATION OF THE PEOPLE ACT, 1951

(43 OP 1951)

Section 4.—In section 4, omit "and" at the end of clause (cc) and after

that clause, insert: —

" (ccc) In the case of the aeat allotted to the State of Sikkim, he

is an elector for the Parliamentary constituency for Sikkim;".

Section 5 A.—After section 5, insert: —

"5A. Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legis- lative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the Constitution) unless—

Qualifica- tions for member- ship of Legisla- tive As- sembly of Sikkim.

(a) in the case of a seat reserved for Sikkimese of Bhutia- Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the constituency reserved for the Sanghas;

(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin and is an elector for any Assembly constituency in the State;

(c) in the case of a seat, reserved for Scheduled Castes, he is a member of any of the castes specified in the Representa- tion of Sikkim Subjects Act, 1974 and is an elector for any Assembly constituency in the State; and

(d) in the case of a seat reserved for Sanghas, he is an

elector of the Sangha constituency.".

Section 12A.—After section 12, insert: —

Notifica- tion for election to fill the seat allotted to the State of Sik- kim in the Council of States.

"12A. For the purpose of filling for the first time the seat allotted to the State of Sikkim by the Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of States, the President shall, by a notifica- tion published in the Gazette of India, on such date as may be re- commended by Election Commission, call upon the elected mem- bers of the Legislative Assembly of the State of Sikkim to elect a member in accordance with the provisions of this Act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12.".

Section 14A.—After section 14, insert: —

"14A. For the purpose of electing a representative of the State of Sikkim to the House of the People, specified in clause (e) of article 371F of the Constitution, the Election Commission shall call upon the members of the Legislative Assembly of the State of Sikkim to elect the representative in accordance with such of the provisions of this Act, and the rules and orders made thereunder, as are applicable to the election of the members of the Council of States.".

Notifica- tion for electing the repre- aentative of the State of Sikkim to the existing House of the People.

Section 33.—In section 33, after sub-section (1), insert: —

"(1A) Notwithstanding anything contained in sub-section (I), for election to the Legislative Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under

the Constitution), the nomination paper to, be delivered to the returning officer shall be in such form and manner as may be prescribed:

Provided that the said nomination paper shall be subscribed

by the candidate as assenting to the nomination, and—

(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, also by at least twenty electors ojf the constituency as proposers and twenty electors of the consti- tuency as seconders;

(b) in the case of a seat reserved for Sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders;

(c) in the case of a seat reserved for Sikkimese of Nepali origin, by an elector of the constituency as proposer:

Provided further that no nomination paper shall be delivered

to the returning officer on a day which is a public holiday.".

Section 34.—In section 34, in sub-section (2), for "under sub-section (1) of section 33", substitute "under sub-section (1) or, as the case may be, sub-section (1A) of section 33".

Section 35.—In section 35, for "under sub-section (1)", substitute "under sub-section (1) or, as the case may be, sub-section (1A)".

K. K. SUNDARAM, Secy, to the Govt. of India.

PRINTED BY THK GENERAL MANAGER, GOVERNMENT OF INDIA, PRESS, MINTO HOAB^ NEW DELHI AND PUBLISHED BY THI CONTROLLER Of PUBLICATIONS, DELHI, 1 9 76