REGISTERED No. D- (D) -72 रजिस्ट्री सं ० डी-( डी) -72
भारत का राजपत्र The Gazette of India
असावारण
EXTRAORDINARY
भाग ।। खण्ड 1
PART II-Section 1
ASEP 1976
प्रा भिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 128[ No. 128]
नई दिल्ली, बुधवार , सितम्बर 1 , 1976/ মাত্র 10, 1898 NEW DELHI, WEDNESDAY, SEPTEMBER 1 , 1976 / BHADRA το , 1898
इस भाग में भित्र पृष्ठ लब्धा दीजाती है जिससे कि यह अलग संकलम के रूप में रला जा सके ।
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 1st September , 1976 / Bhadra 10, 1898 (Saka)
The following Act of Parliament received the assent of the President on the 31st August , 1976, and is hereby published for general information: ---
THE GOVERNMENT OF UNION TERRITORIES ( AMENDMENT )
ACT , 1976
No. 86 OF 1976
[31st August , 1976 ]
An Act further to amend the Government of Union Territories Act , 1963.
BE it enacted by Parliament in the Twenty -seventh Year of the Republic of India as follows : ---
1. ( 1 ) This Act may be called the Government of Union Territories (Amendment ) Act, 1976.
(2) It shall come into force on such date as the Central Government may , by notification in the Official Gazette , appoint .
Short titleand com- mence- ment .
20 of 1965.
2. In section 3 of the Government of Union Territories Act, 1963 (hereinafter referred to as the principal Act ) ,-
Amend- ment of section .
(i) for sub - section ( 4) , the following sub - section shall be sub- stituted , namely : -
" ( 4 ) Seats shall be reserved for the Scheduled Castes in the Legislative Assemblies of the Union territories of Goa, Daman and Diu and Pondicherry , and for the Scheduled Tribes in the Legislative Assembly of the Union territory of Goa , Daman and Diu ." ;
(ii) in sub -section ( 5) , for the words " of the Union territory of Pondicherry " , the words " of any Union territory " shall be sub- stituted;
(1093) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 1094
( iii) in sub -section ( 6) , for the words " in the Legislative Assem- bly of the Union territory of Pondicherry " , the words " in the Legis- lative Assemblies of the Union territories of Goa, Daman and Diu and Pondicherry " shall be substituted .
3. After section 43C of the principal Act, the following section shall be inserted , namely: -
Insertion of new section, 43D.
'43D. (1) The Election Commission shall determine on the basis of the latest census figures-
(i) the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes in the Legislative Assembly of the Union territory of Goa, Daman and Diu (hereafter in this section referred to as the Legislative Assembly ) having regard to the provisions of sub-section (5) of section 3 ; and
(ii) the constituencies in which those seats shall be so reserved having regard to the provisions of clause (c) , or , as the case may be , clause (d ) , of sub - section ( 1 ) of section 9 of the Delimitation Act and without altering the extent of any constituency as delimited by the Delimitation Commission.
(2) The Election Commission shall-
Special provision for deter- mination of consti- tuencies in the Legisla- tive Assembly of Goa, Daman and Diu for Sche- duled Castes and Sche- duled Tribes.
(a) publish its proposals for the determination of the con- stituencies in which seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes , as the case may be , in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu and also in such other manner as the Election Commission may consider fit, together with a notice inviting objections and suggestions 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;
43 of 1950.
(c) after consideration of objections and suggestions which may have been received by it before the date so specified , deter- mine by one or more orders the number of seats to be reserved for the Scheduled Castes or for the Scheduled Tribes , as the case may be, in the Legislative Assembly and the constituencies in which those seats shall be so reserved and cause such order or orders to be published in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu ; and upon such publication in the Gazette of India , the order or orders shall have the full force of law and shall not be called in question in any court and the Second Schedule to the Repre- sentation of the People Act, 1950 and the order made by the Delimitation Commission under section 9 of the Delimitation Act in relation to the Legislative Assembly shall be deemed to have been amended accordingly.
(3 ) Subject to the provisions of sub- section (4) , the re -adjust- ment of representation of any territorial constituencies in the Legis- SEC. 1 ]
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1095
lative Assembly necessitated by any order made by the Election Commission under this section, shall apply in relation to every election to the Legislative Assembly held after the publication in the Gazette of India, under sub - section (2 ) , of such order .
(4) Nothing contained in the foregoing sub- sections shall affect the representation in the Legislative Assembly existing on the date of publication in the Gazette of India , under sub -section ( 2 ) , of any order made by the Election Commission .
(5) The Election Commission may, from time to time, by noti- fication in the Gazette of India and in the Official Gazette of the Union territory of Goa , Daman and Diu-
(a) correct any printing mistake in any order made under sub- section (2 ) 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 are , or is, altered, make such amendments as appearto it to be necessary or expedient for bringing such order up-to -date .
(6) Every order made under sub -section ( 2 ) and every notification issued under sub- section (5 ) shall be laid, as soon as may be , after it is made or issued before the Legislative Assembly.
Explanation . In this section ,-
(a) " Delimitation Act " means the Delimitation Act , 1972 ;
76 of 1972 .
(b) " Delimitation Commission" means the Delimitation Commission constituted under section 3 of the Delimitation Act .' .
K. K. SUNDARAM, Secy to the Govt . of India .
CORRIGENDUM
In the Metal Corporation (Nationalisation and Miscellaneous Provisions) Ordinance , 1976 (No. 12 of 1976) , as published in the Gazette of India, Extraordinary, Part II , Section 1 , dated the 2nd August , 1976, at page 975, in line 5, for " ninety- lakhs . " , read " ninety- eight lakhs . ".
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 197