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.