Kerala Gazette No. 12 dated 24th March 2009.
PART I
Section i
GOVERNMENT OF KERALA
Law (Leg. Publication) Department
NOTIFICATION
No.15551/Leg. Pbn. 3/2008/Law. Dated, Thiruvananthapuram, 5th September, 2008.
The following Act of Parliament, published in the Gazette of India,
Extraordinary, Part II, Section I, dated the 28th March, 2008 is hereby republished
for general information. The Bill as passed by the Houses of Parliament received
the assent of the President on the 28th March, 2008.
By order of the Governor,
P. S. GOPINATHAN,
Law Secretary.
G. 816/2008/Kannur.
2
THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 2008
(ACT NO. 10 OF 2008)
AN
ACT
further to amend the Representation of the People Act, 1950.
BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as
follows:—
1. Short title and commencement.—(1)
This Act may be called the
Representation of the People (Amendment) Act, 2008.
(2)
It shall come into force on such date as the Central Government
may, by notification in the official Gazette, appoint.
2.
Amendment of section 4.—In section 4 of the Representation of the
People Act, 1950, (43 of 1950) (hereinafter reffered to as the principal Act), for
sub-section (5) the following sub-section shall be substituted, namely:—
“(5)
Save as provided in sub-section (4), the extent of all
parliamentary constituencies except the parliamentary constituencies in the
states of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland
shall be as determined by the orders of the Delimitation Commission made
under the provisions of the Delimitation Act, 2002 (33 of 2002) and the
extent of the parliamentary constituencies in the States of Arunachal
Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided
for in the Delimitation of Parliamentary and Assembly Constituencies Order,
2008 having regard to the provisions of Sections 10A and 10B of the
Delimitation Act, 2002.’’.
3. Amendment of section 7.—In section 7 of the principal Act,—
(i) in sub-section (IB), in clause (a), for the words ‘‘thirty-nine seats”, the
words ‘‘fifty-nine seats” shall be substituted;
(ii) for sub-section (3), the following sub-section shall be substituted,
namely:—
‘‘(3) The extent of each assembly constituency in all the States and
Union Territories except the assembly constituencies in the States of
Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be
3
as determined by the orders of the Delimitation Commission made under
the provisions of the Delimitation Act, 2002 (33 of 2002) and the extent
of each assembly constituency in the States of Arunachal Pradesh,
Assam, Jharkhand, Manipur and Nagaland shall be as provided for in
the Delimitation of Parliamentary and Assembly Constituencies Order,
2008 having regard to the provisions of sections 10A and 10B of the
Delimitation Act, 2002.’’.
4. Amendment of section 8.—In section 8 of the principal Act,—
(i) for sub-section (1), the following sub-section shall be substituted,
namely:—
“(1) Having regard to all the orders referred to in sub-section (5) of
section 4 and sub-section (3) of section 7 relating to the delimitation of
parliamentary and assembly constituencies in all States and Union
Territories, except the States of Arunachal Pradesh, Assam, Jharkhand,
Manipur and Nagaland, made by the Delimitation Commission and
published in the Official Gazette, the Election Commission shall—
(a) after making such amendments as appear to it to be necessary for
bringing up-to-date the description of the extent of the
parliamentary and assembly constituencies as given in such orders,
without, however, altering the extent of any such constituency;
(b) after taking into account the provisions of the Delimitation of
Parliamentary and Assembly Constituencies Order, 1976, as made
applicable pursuant to the orders made by the President under
section 10A of the Delimitation Act, 2002 (33 of 2002) relating to
delimitation of parliamentary and assembly constituencies in the
States of Arunachal Pradesh, Assam, Manipur and Nagaland, and
the provisions of section 10B of the said Act relating to
delimitation of parliamentary and assembly constituencies in the
State of Jharkhand,
consolidate all such orders into one single order to be known as the
Delimitation of Parliamentary and Assembly Constituencies Order, 2008
and shall send authentic copies of that Order to the Central
Government and to the Government of each State having a Legislative
Assembly; and thereupon that Order shall superseed all the orders
referred to in sub-section (5) of section 4 and sub-section (3) of section
7 and shall have the force of law and shall not be called in question in
any court.’’;
4
(ii) in sub-section (3), for the words, brackets and figures “as provided in
sub-section (5) of section 10 of the Delimitation Act, 1972 (76 of
1972)” the words, brackets and figures “as provided in sub-section (5)
of section 10 of the Delimitation Act, 2002 (33 of 2002)” shall be
substituted.
5. Insertion of new section 8A.— After section 8 of the principal Act, the
following section shall be inserted, namely:—
“8A. Delimitation of Parliamentary and Assembly Constituencies in the
State of Arunachal Pradesh, Assam, Manipur or Nagaland:—(1) If the
President is satisfied that the situation and the conditions prevailing in the
States of Arunachal Pradesh, Assam, Manipur or Nagaland are conducive
for the conduct of delimitation exercise, he may, by order, rescind the
deferment order issued under the provisions of section 10A of the
Delimitation Act, 2002 (33 of 2002) in relation to that State, and provide for
the conduct of delimitation exercise in the State by the Election Commission.
(2) As soon as may be after the deferment order in respect of a State is
rescinded under sub-section (1), the Election Commission may, by order,
determine—
(a) the parliamentary constituencies into which such State to which
more than one seat is allotted in the First Schedule shall be
divided;
(b) the extent of each constituency; and
(c) the number of seats, if any, reserved for the Scheduled Castes or
the Scheduled Tribes.
(3) As soon as may be after the deferment order in respect of a State is
rescinded under sub-section (1), the Election Commission may, by order,
determine—
(a) the assembly constituencies into which such State shall be
divided for the purpose of elections to the Legislative Assembly
of that State;
(b) the extent of each constituency; and
(c) the number of seats, if any, reserved for the Scheduled Castes or
the Scheduled Tribes.
(4) Subject to the provisions of sub-section (1), the Election Commission
shall, having regard to the provisions of the Constitution and the principles
specified in clauses (c) and (d) of sub-section (1) of section 9 of the Delimitation
5
Act, 2002, (33 of 2002) determine the parliamentary and assembly constituencies in
the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats
shall be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.
5. The Election Commission shall,—
(a) publish its proposals under sub-sections (2), (3) and (4) with
respect to any State in the Official Gazette and also in such other
manner as it thinks fit;
(b) specify a date on or after which the proposals will be further
considered by it;
(c) consider all objections and suggestions which may have been
received by it before the date so specified;
(d) hold, for the purpose of such consideration, if it thinks fit so to
do, one or more public sittings at such place or places in such
State as it thinks fit;
(e) after considering all objections and suggestions which may have
been received by it before the date so specified, determine, by
order, the delimitation of parliamentary and assembly
constituencies in the State and also the constituency or
constituencies in which seats shall be reserved, if any, for the
Scheduled Castes and the Scheduled Tribes and cause such
order to be published in the Official Gazette; and, upon such
publication, the order shall have the force of law and shall not be
called in question in any court and the Delimitation of
Parliamentary and Assembly Constituencies Order, 2008 shall be
deemed to have been amended accordingly.
(6) Every order made under sub-sections (1) and (2) and clause (e) of
sub-section (5) shall be laid before each House of Parliament.
(7) Every order made under sub-sections (1) and (3) and clause (e) of
sub-section (5) shall, as soon as may be after it is published under that sub-
section, be laid before the Legislative Assembly of the State concerned.’’.
6. Amendment of section 9.—In section 9 of the principal Act, in sub-section
(1), for clauses (a) and (aa), the following clauses shall be substituted, namely:—
“(a) correct any printing mistake in the Delimitation of Parliamentary and
Assembly Constituencies Order, 2008 or any error arising therein from
inadvertent slip or omission;
6
(aa) make such amendments in the Delimitation of Parliamentary and
Assembly Constituencies Order, 2008 as appear to it to be necessary or
expedient for consolidating with that Order any notification or order relating
to delimitation of Parliamentary or assembly constituencies (including
reservation of seats for the Scheduled Castes or the Scheduled Tribes in
such constituencies) issued under section 8A of this Act or any other
Central Act;’’.
7. Omission of sections 9A and 9B.—Section 9A and section 9B of the
principal Act shall be omitted.
8. Substitution of new Schedules for the First Schedule and the Second
Schedule.—For the First Schedule and the Second Schedule of the principal Act,
the following Schedules shall be substituted, namely:—
“THE FIRST SCHEDULE
(See section 3)
Allocation of seats in the House of the People
1
2
3
4
5
6
7
I. STATES:
1. Andhra Pradesh
42
6
2
42
7
3
2. Arunachal Pradesh
2
...
...
2
...
...
3. Assam
14
1
2
14
1
2
4. Bihar
40
7
...
40
6
..
5. Chhattisgarh
11
2
4
11
1
4
6. Goa
2
...
...
2
...
...
7. Gujarat
26
2
4
26
2
4
Name of the
State/Union
Te r r i t o r y
Number of seats in the
House as constituted in
2004 on the basis of the
Delimitation of Parliamen-
tary and Assembly Con-
stituencies Order, 1976 as
amended from time to time
Reserved
for the
Scheduled
Castes
Reserved
for the
Scheduled
Tribes
Total
Reserved
for the
Scheduled
Castes
Reserved
for the
Scheduled
Tribes
Number of seats in the
House as
subsequently
constituted as per the
Delimitation of Parliamen-
tary and Assembly Constitu-
encies Order, 2008
Total
7
8. Haryana
10
2
...
10
2
...
9. Himachal Pradesh
4
1
...
4
1
...
10. Jammu and Kashmir
6
...
...
6
...
...
11. Jharkhand
14
1
5
14
1
5
12. Karnataka
28
4
...
28
5
2
13. Kerala
20
2
...
20
2
...
14. Madhya Pradesh
29
4
5
29
4
6
15. Maharashtra
48
3
4
48
5
4
16. Manipur
2
...
1
2
...
1
17. Meghalaya
2
...
...
2
...
2
18. Mizoram
1
...
1
1
...
1
19. Nagaland
1
...
...
1
...
...
20. Orissa
21
3
5
21
3
5
21. Punjab
13
3
...
13
4
...
22. Rajasthan
25
4
3
25
4
3
23. Sikkim
1
...
...
1
...
...
24. Tamil Nadu
39
7
...
39
7
...
25. Tripura
2
...
1
2
...
1
26. Uttarakhand
5
...
...
5
1
...
27. Uttar Pradesh
80
18
...
80
17
...
28. West Bengal
42
8
2
42
10
2
II. UNION TERRITORIES:
1. Andaman and Nicobar
Islands
1
...
...
1
...
...
2. Chandigarh
1
...
...
1
...
...
3. Dadra and Nagar
Haveli
1
...
1
1
...
1
4. Delhi
7
1
...
7
1
...
5. Daman and Diu
1
...
...
1
...
...
6. Lakshadweep
1
...
1
1
...
1
7. Puducherry
1
...
...
1
...
...
Total
543
79
41
543
84
47
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
I. STATES:
1. Andhra Pradesh
294
39
15
294
48
19
2. Arunachal Pradesh
60
...
59
60
...
59
3. Assam
126
8
16
126
8
16
4. Bihar
243
39
...
243
38
2
5. Chhattisgarh
90
10
34
90
10
29
6. Goa
40
1
...
40
1
...
7. Gujarat
182
13
26
182
13
27
8. Haryana
90
17
...
90
17
...
9. Himachal Pradesh
68
16
3
68
17
3
10. Jammu and Kashmir* 76
6
...
...
...
...
11. Jharkhand
81
9
28
81
9
28
12. Karnataka
224
33
2
224
36
15
13. Kerala
140
13
1
140
14
2
14. Madhya Pradesh
230
34
41
230
35
47
15. Maharashtra
288
18
22
288
29
25
16. Manipur
60
1
19
60
1
19
17. Meghalaya
60
...
55
60
...
55
18. Mizoram
40
...
39
40
...
38
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
House as constituted on
the basis of the Delimita-
tion of Parliamentary and
Assembly Constituencies
Order, 1976 as amended
from time to time
Reserved
for the
Scheduled
Castes
Reserved
for the
Scheduled
Tribes
Total
Reserved
for the
Scheduled
Castes
Reserved
for the
Scheduled
Tribes
Number of seats in the
House as
subsequently
constituted as per the
Delimitation of Parliamen-
tary and Assembly Constitu-
encies Order, 2008.
Total
9
1
2
3
4
5
6
7
19. Nagaland
60
...
59
60
...
59
20. Orissa
147
22
34
147
24
33
21. Punjab
117
29
...
117
34
...
22. Rajasthan
200
33
24
200
34
25
23. Sikkim
32
2
12**
32
2
12**
24. Tamil Nadu
234
42
3
234
44
2
25. Tripura
60
7
20
60
10
20
26. Uttarakhand
70
12
3
70
13
2
27. Uttar Pradesh
403
89
...
403
85
...
28. West Bengal
294
59
17
294
68
16
II. UNION TERRITORIES:
1. Delhi
70
13
...
70
12
...
2. Puducherry
30
5
...
30
5
...
*Under the Constitution of Jammu and Kashmir, the number of seats in the
Legislative Assembly of that State excluding the 24 seats earmarked for Pakistan
occupied territory is 87 out of which 7 seats have been reserved for the
Scheduled Castes in persuance of the Jammu and Kashmir Representation of the
People Act, 1957.
**Reserved 1 seat for Sanghas and 12 seats for the Sikkimese of Bhutia Lepcha
origin.
G. 816/2008/Kannur.