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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 53] NEW DELHI, FRIDAY, AUGUST 13, 1976/SRAVANA 22, 1898

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

LOK SABHA

The following Bills were introduced in Lok Sabha on 13th August, 1976: —

BILL NO. 68 OF 1976

A Bill further to amend the Representation of the People Act, 1950.

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

1. This Act may be called the Representation of the People (Amend- Short title.

ment) Act, 1976,

43 of 1950.

Amend- ment of section 4, 2. For sub-section (5) of section 4 of the Representation of the People Act, 1950 (hereinafter referred to as the principal Act), the following sub-section shall be substituted, namely: —

76 of 1972.

"(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 1972 and the extent of the parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission under the provisions of the Government of Union Territories Act, 1963".

20 of 1063.

3. For sub-section (3) of section 7 of the principal Act, the following

sub-section shall be substituted, namely: —

Amend-

ment of

Section 7.

"(3) Subject to the provisions of sub-section (3) of section 7A, the extent of each assembly constituency in all the Sta,tes and Union territories except the assembly constituencies in the Union territory

( I085 )

70 ol .972, of Arunachal Pradesh shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 1972 and the extent of each assembly constituency in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election, Commission made under\tlSt i|>rovisions of the Government of Union Territories Act, 1963."

20 of .1963.

4. In section 8 of the principal Act,—

Amend- ment of section 8.

(i) in sub-section (1), for the words and figures "the Delimitation of Parliamentary and Assembly Constituencies Order, 1966" the words and figures "the Delimitation of Parliamentary and Assembly Constituencies Order, 1976" shall be substituted;

{ii) after sub-section (2), the following subsection shall be

inserted, namely: —

76 of 1972.

"(3) The consolidation under sub-section (1) of the orders referred to in sub-section (5) of section 4 or, as the case may be, sub-section (3) of section 7 shall not, as provided in sub-section (5) of section 10 at the Delimitation Act, 1972, affect the representa- tion in, and the territorial constituencies of, the House of the People or the Legislative Assembly of the State existing on the date of publication in the Gazette of India of any such order or orders as may be relevant".

Amend- ment of • section 9.

5. In clause (a) of sub-section (1) of section 9 of the principal Act, for the words and figures "the Delimitation of Parliamentary and Assembly Constituencies Order, 1966", the words and figures "the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, or, as the case may be, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976" shall be substituted.

6. For sub-section (3) of section 28 of the principal Act, the following sub-section shall be substituted, namely: —

Amend- ment of section 18.

"(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule".

7. For the First Schedule and the Second Schedule to the principal Act, the following Schedules shall be substituted, namely: ~

Substi- tution of new Schedules for tbe First Schedule and the Second Schodu'*

"THE FIRST SCHEDULE

(See section 3)

Allocation of seats in the House of the People

Name of the State/Union territory

Number of seats in the House as subsequently constituted

Number of seats in the House as constituted on 1-1-1973

> —

Total

Total

Reserved for the . Scheduled

Tribes

Reserved

for the

Scheduled

Castes

Reserved for the Scheduled Castes

Reserved for the Scheduled Tribes

1

6

2

7

3

4

5

I. STATES :

2

6

1. Andhra Pradesh

42

2

6

41

I

2

I

3

3. Assam .

14

14

8

3. Bihar .

5

7

3

S3

54

3

36

3

4. Gujarat ,

4

34

3

f 1

* 1

5. Haryana. , ,

*

10

a

9

1 1

I 1

1

I

6. Himachal Pradeih ,

4

4

* f

6

7. Jammu and Kashmir

••

6

..

••

• •

t t

8. Karnataka . ,

38

37

4

4

* *

2

20

9. Kerala

                                19          3          ••
10.  Madhya  Pradesh            37          5           8         40          5           8
11.  Maharashtra    .           45          3           3         48          3           3
12.   Manipur                    2          ••          1          3          • •         1
13.  Meghalaya                   2          ••          3          2          ••         ••
14.  Nagaland                    1          ••                     1          ••         ••
15.-  Orisia                   20           3          5          21          3           5
16.  Punjab                     13          3                     13           3         • •
17.  Rajasthan                  23          4           3         25           4          3
18.   Sikkim  .                 • •                    ••          1                     ••
19.  Tamil  Nadu  ,             39          7                     39          7          ••
20.  Tripura                     2                      r          2          ••          1
31.  Uttar  Pradesh             85          iS                    85          IS          ••

Name ot the State/Union

territory

Number of seats in the House

as constitued on 1-1-1973

Number of seats in the House as subsequently constituted

t

_^

Total

Total

Reserved

for the

Scheduled

Castes

Reserved for the Scheduled Castes

Reserved for the Scheduled TribeB

Reserved for the Scheduled Tribes

i

2

6

3

7

5

*4

II. UNION TERRITORIES :

i.

Andaman and Nieobar Islands ,

1

r

2.

Arunachal Pradesh .

1

2

r

Chandigarh

1

1

3.

1

Dadra and Nagar Haveli

i

1

1

4"

1

Delhi

I

5.

7

7

6.

2

Goa, Daman and Diu

2

Lakshadweep .

1

1

1

I

7.

••

8. Mizoram ,

1

1

I

1

1

Pondicherry

9-

TOTAL

5 22

542

78

41

38

77

THE SECOND SCHEDULE

(See sections 7 and 7A)

Total number of seats in the Legislative Assemblies

Name of the State/ Union territory

Number of seats in the Legislative Assembly as subsequently constituted

Number of seats in the Legislative Assembly as constituted on 1-1-1973

Total

Total

Reserved for the Schedu'ep Tribes

Reserved for the Scheduled Castes

Reserved

for the

Scheduled

Castes

Reserved for the Scheduled Tribes

1

2

6

7

3

5

4

I. .STATES:

11

294

11

40

1. Andhra Pradesh

39

. 2B716 10 126 8 2. Assam 8 "4 28 46 29 3. Bihar 324 . 3i8 45

Name of th" State/Union

territory

Number of seats in the Legislative Assembly as subsequently constituted

Number of seats in the Legislative Assembly as constituted on 1-1-1973

•

Total

Total

Reserved for the

Reserved for the Scheduled Caifs

Scheduled Tribes

Reserved for the Scheduled Cast-s

Reserved for the Scheduled Tribes

I

2

6

7

³

5

4

168

It

22

12

Gujarat

182

25 4-

Haryana

81

90

15

17

5-

••

6.

16

Himachal Pradesh •

68

68

15

3

216

2 2

29

29

2 24

11

2

2

12

140

133

10.

3 20

296

61

42

64

39

I I.

288

16

3 70

17

15

17

1

1

60

60

19

19

60

60

• •

13-

50

• •

14.

60

...

..

52

22

22

140

15-

147

34

34

1 6.

104

23

117

29

2 00

21

1B4

24

17-

31

32

18.

1

I **

32

42

2 234

2

19.

42

234

2 0.

60

6

60

17

19

7

2 1. 1

425

89

435

• -

89

2 2.

280

16

17

59

294

55

II. UNION TERRITORIES :

30

30

30

30

30

30 5

30 5

STATEMENT OF OBJECTS AND REASONS

The Delimitation Commission appointed under the Delimitation Act, 1972, has completed the work of final determination of the number and the extent of Parliamentary and Assembly constituencies in respect of all States and Union territories except the Union territory of Arunachal Pradesh. Under the provisions of the Government of Union Territories (Amendment) Act, 1975, the Election Commission has issued its Order determining the extent of the Parliamentary constituencies and Assembly constituencies in respect of that Union territory.

Sections 8 and 9 of the Representation of the People Act, 1950 (43 of 1950) empower the Election Commission to consolidate all Orders of delimitation into a single Order and to maintain the said Order up-to-date. Those sections and section 4, section T and the First Schedule and the Second Schedule to that Act require amendment so as to bring the position in regard to the number of seats and the reference to Orders of Delimitation up-to-date and to enable the Election Commission to issue a new consolidated Order.

The Bill seeks to achieve the above object.

NEW DELHI; H. R. GOKHALE.

The 21st July, 1970.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 2 of the Bill provides that the extent of parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission under the provisions of the Government of Union Territories Act, 1963 (20 of 1963).

Clause 3 of the Bill provides that the extent of assembly constituencies In the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission made under the provisions of the Government of Union Territories Act, 1963 (20 of 1963).

Clauses 4 and 5 of the Bill empower the Election Commission to consolidate all orders relating to delimitation of parliamentary and assembly constituencies into one single order to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, and to maintain them up-to-date.

Clause 6 of the Bill substitutes the rule laying provision in section 28 of the Representation of the People Act, 1950, so as to bring it in line with the present pattern of the corresponding provision in recent legislation.

2. All the above are either matters of procedure or of detail. The delegation of legislative power is, therefore, of a normal character.

BILL NO. 69 OF 1976

A Bill further to amend the Contingency Fund of India Act, 1950.

BE it enacted by Parliament in the Twenty-seventh Year of the

Republic of India as follows: —

1. This Act may be called the Contingency Fund of India (Amendment)

Act, 197C.

Short title.

2. In section 2 of the Contingency Fund of India Act, 1950,—

49 of 1950.

Amend- ment of section %

(a) In the opening paragraph, for the words "thirty crores Q*

rupees", the words "fifty crores of rupees" shall be substituted;

(b) the proviso shall be omitted.

STATEMENT OF OBJECTS AND REASONS

Under articles 267(1) and 283(1) of the Constitution^ the Contingency Fund of India Act, 1950 was enacted providing for the establishment of the Contingency Fund of India and for the custody of such Fund and for the payment of moneys into and the withdrawal of moneys from it. Under section 2 of that Act, as amended by the Contingency Fund of India (Amendment) Act, 1970, the corpus of the Fund is thirty crores of rupees. Consequent on the increase in the size of the annual budget, the need for augmenting the corpus of the Fund has been felt. It is proposed to raise the corpus of the Fund from thirty crores of rupees to fifty crores of rupees to meet unforeseen expenditure.

2. The Bill seeks to achieve the above object.

NEW DEUII;

The 28th. July, 1976. SUSHILA ROHATGI.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. P.5(3)-B(SE)/76, dated the 6th August, 1976 from Shrimati Sushi] a Rohatgi, Deputy Minister in the Ministry of Finance to the Secretary-General, Lok Sabha.]

The President of India having been informed of the subject matter of the proposed Bill to amend the Contingency Fund of India Act, 1950 recommends under article 117(1) and article 117(3) of the Constitution, the introduction in, and consideration by Lok Sabha of the Contingency Fund of India (Amendment) Bill, 1976.

FINANCIAL MEMORANDUM

Clause 2 Of the 6111 provides for the raising of the corpus of the Contingency Fund of India, from Rs. 30 crores to Rs. 50 crores by transfer of an additional amount of Rs. 20 crores from the Consolidated Fund of India to the Contingency Fund of India. The Bill thus involves a withdrawal of Rs. 20 crores from the Consolidated Fund of India but the actual expenditure will be incurred only when advances are drawn from the Contingency Fund for meeting unforeseen expenditure pending authorisation by law under article 115 or article 116 of the Constitution.

No recurring expenditure is involved.

S. L. SHAKDHER,

Secretary-General.

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