REGISTERED No. D- (D) -72 रजिस्ट्रो सं० डो-( डो)-72
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० १ No. 9]
नई दिल्ली, सोमवार , फरी 7 , 1977/माघ 18 , 1898 NEW DELHI, MONDAY, FEBRUARY 7 , 1977/ MAGHA 18 , 1898
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि वह अरूण संकलन के रूप में रखा था 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 7th February , 1977 / Magha 18 , 1898 ( Saka)
HE GOVERNMENT OF UNION TERRITORIES ( AMEND- MENT) ORDINANCE , 1977
NO . 5 OF 1977
Promulgated by the President in the Twenty-eighth Year of the Republic of India .
An Ordinance further to amend the Government of Union Territories Act , 1963 .
WHEREAS the House of the People has been dissolved and the Council of States is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ,
NOW, THEREFORE , in exercise of the powers conferred by clause (1 ) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: -
1. ( 1) This Ordinance may be called the Government of Union Terri- tories (Amendment ) Ordinance, 1977 .
Short title and commence, ment , (2) Clause ( a) of section 4 shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint and the remaining provisions of this Ordinance shall come into force at once.
(65) 66
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
Amend- ment of section 3 .
2 In section 3 of the Government of Union Territories Act, 1963 20 of 1963, (hereinafter referred to as the principal Act ) , in sub- section ( 5) , the following Explanation shall be inserted, namely : --
'Explanation . In this sub-section , the expression " population" means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall , until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census ' .
Amend- ment of section 5 .
3. ( 1 ) In section 5 of the principal Act , for the words " five years" , in the two places where they occur , the words " sıx years " shall be substi- tuted.
(2) The amendments made by sub- section ( 1 ) to section 5 of the prin- cipal Act shall apply also to every Legislative Assembly in existence on the date of coming into force of this section without prejudice to the power of the President with respect to the extension of the duration of such Assembly under the proviso to the said section. 5.
4. In section 14 of the principal Act ,-
Amend- ment of section 14.
(a) for clause (a ) of sub- section ( 1 ) , the following clause shall be substituted , namely : -
" (a) if he holds any such office of profit under the Govern- ment of India or the Government of any State or the Government of any Union territory as is declared by Parliament by law to disqualify its holder; " ;
(b) for sub- sections (3 ) and (4), the following sub-sections shall be substituted, namely: -
"(3) If any question arises-
(a) as to whether a member of the Legislative Assembly of a Union territory has become subject to any of the dis- qualifications mentioned in sub- section ( 1) , or
(b) as to whether a person, found guilty of a corrupt practice at an election to the Legislative Assembly of a Union territory under any law made by Parliament, shall be dis- qualified for being chosen as , and for being , a member of either House of Parliament or of a House of the Legislature of a State or of the Legislative Assembly of a Union territory or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification ,
'the question shall be referred for the decision of the President and his decision shall be final .
(4) Before giving any decision on any such question , the President shall consult the Election Commission and the Election Commission may, for this purpose , make such inquiry as it thinks fit . " .
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5.In Part III of the principal Act, after section 43D, the following section shall be inserted , namely: -
Insertion of new section 43E,
as to read- Special provision justment of territo- rial consti- tuencies.
'43E. Notwithstanding anything contained in sections 36 to 43D (both inclusive) , until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the division of each Union territory into territorial consti- tuencies and any reference to the " latest census figures " in this Part shall be construed as a reference to the 1971 census figures . ' .
6. In section 46 of the principal Act, after sub -section ( 1) , the follow- Amend- sing sub- section shall be inserted , namely : -
ment of section46.
"(1A) No court or other authority shall be entitled to require the production of any rules made under clause ( b ) of sub -section ( 1)." .
FAKHRUDDIN ALI AHMED , President
K. K. SUNDARAM, Secy . to the Govt . of India .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1977