GOVERNMENT OF KERALA

Law (Leg-Publication) Department

NOTIFICATION

No. 14024/Leg.Pbn.4/2013/Law.

Dated, Thiruvananthapuram, 17th June, 2013.

The following Ordinance promulgated by the President and published in the

Gazette of India Extraordinary, Part II, Section I dated the 5th day of June, 2013 is

hereby republished for general information.

By order of the Governor,

C. P. RAMARAJA PREMA PRASAD,

Law Secretary.

Kerala Gazette No. 29 dated 16th July 2013.

PART I

Section i

2

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 5th June, 2013/Jyaistha 15, 1935 (Saka).

THE READJUSTMENT OF REPRESENTATION OF SCHEDULED CASTES

AND SCHEDULED TRIBES IN PARLIAMENTARY AND ASSEMBLY

CONSTITUENCIES (SECOND) ORDINANCE, 2013

[No. 6 OF 2013]

Promulgated by the President in the Sixty-fourth Year of the

Republic of India.

AN

ORDINANCE

to provide for the readjustment of seats in the House of the People and in the

Legislative Assemblies of the States and for the readjustment of territorial

constituencies therefore, insofar as such readjustment is necessitated by

inclusion in or exclusion from the lists of the Scheduled Castes and the

Scheduled Tribes and for matters connected therewith or incidental

thereto.

WHEREAS the Readjustment of Representation of Scheduled Castes and

Scheduled Tribes in Parliamentary and Assembly Constituencies Ordinance, 2013,

to provide for the aforesaid matters, was promulgated by the President on the

30th January, 2013;

AND WHEREAS the Readjustment of Representation of Scheduled Castes and

Scheduled Tribes in Parliamentary and Assembly Constituencies Bill, 2013 was

introduced in the Council of States to replace the said Ordinance;

AND WHEREAS the said Bill was referrred by the Chairman of the Council of

States to the Department Related Parliamentary Standing Committee on

Personnel, Public Grievances, Law and Justice on the 18th March, 2013;

AND WHEREAS the said Standing Committee presented its Fifty-ninth

Report to the Council of States on the 2nd May, 2013 recommending that the

Bill be passed;

AND WHEREAS the said Ordinance has lapsed;

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AND WHEREAS the said Bill could not be passed by the Council of the

States;

AND WHEREAS Parliament is not in session and the President is satisfied

that circumstances exist which render it necessary for him to take immediate

action to validate the action taken under the said Ordinance so lapsed and to

take further action to provide for the aforesaid matters;

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.

Short title and Commencement.—(1) This Ordinance may be called the

Readjustment of Representation of Scheduled Castes and Scheduled Tribes in

Parliamentary and Assembly Constituencies (Second) Ordinance, 2013.

(2) It shall be deemed to have come into force on the 30th day of

January, 2013.

2.

Definitions.—In this Ordinance, unless the context otherwise requires,—

(a) “Census Commissioner” means the Census Commissioner

appointed under sub-section (1) of section 4 of the Census Act, 1948

(37 of 1948);

(b) “Commission” means the Election Commission referred to in

article 324 of the Constitution;

(c) “Delimitation Act” means the Delimitation Act, 2002

(33 of 2002);

(d) “Delimitation Order” means the Delimitation of Parliamentary

and Assembly Constituencies Order, 2008;

(e) “last census” means the census held in India in 2001;

(f) “Scheduled Castes Orders” means the Constitution (Scheduled

Castes) Order, 1950, the Constitution (Scheduled Castes) (Union

Territories) Order, 1951, the Constitution (Dadra and Nagar Haveli)

Scheduled Castes Order, 1962 and the Constitution (Puducherry)

Scheduled Castes Order, 1964, made by the President under article 341

of the Constitution;

(g) “Scheduled Tribes Orders” means the Constitution (Scheduled

Tribes) Order, 1950, the Constitution (Scheduled Tribes) (Union

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Territories) Order, 1951, the Constitution (Scheduled Tribes) (Uttar

Pradesh) Order, 1967 and the Constitution (Sikkim) Scheduled Tribes

Order, 1978, made by the President under article 342 of the

Constitution; .

(h) “State” includes a Union territory having a Legislative

Assembly but does not include the State of Jammu and Kashmir.

3.

Estimation of Population of Scheduled Castes and Scheduled Tribes.—

(1) As soon as may be after the commencement of this Ordinance, the

population as at the last census, of the Scheduled Castes or, as the case may

be, of the Scheduled Tribes, in each State shall be ascertained or estimated by

the Census Commissioner.

(2) Where by reason of the amendments made in the Scheduled Castes

Orders and the Scheduled Tribes Orders after the last census and upto 31st May,

2012, the population of the Scheduled Castes or the Scheduled Tribes as at the

last census is varied in a State, the Census Commissioner shall ascertain or

estimate as on the 1st day of March, 2001, the population of the Scheduled

Castes or the Scheduled Tribes so varied, and also ascertain or estimate the

proportion of such population of the Scheduled Castes or the Scheduled Tribes,

respectively, to the total population of the State in the last census.

(3) The population figures ascertained or estimated under sub-section

(2) shall be notified by the Census Commissioner in the Gazette of India.

(4) The population figures so notified shall be taken to be the relevant

population figures as ascertained or estimated at the last census and shall

supersede any figures previously published; and the figures so notified shal1 be

final and shal1 not be called in question in any court.

4.

Readjustment of Teritorial Constituencies by Commission.—(1) After the

population figures have been notified for any State under section 3, the

Commisson shall make such amendments as may be necessary in the

Delimitation Order, having regard to the provisions of articles 81, 170, 330 and

332 of the Constitution, of section 8 of the Delimitation Act, and of this

Ordinance, for the purpose of giving proper representation to the Scheduled

Castes or, as the case may be, to the Scheduled Tribes of that State, and the

First Schedule and the Second Schedule to the Representation of the People

Act, 1950 (43 of 1950) shall be deemed to have been amended accordingly.

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(2) In making any amendments in the Delimitation Order under sub-

section (1), the Commission shal1, as far as may be necessary, have regard to

the provisions of clauses (c) and (d) of sub-section (1) of section 9 of the

Delimitation Act.

(3) The Commission shall—

(a) publish its proposals for the amendments in the Gazette of

India and the Official Gazette of the State concerned and also in such

other manner as it thinks fit;

(b) specify a date on or after which such proposals will be further

considered by it;

(c) consider al1 objections and suggestions which may have been

received by it before the date so specified and for such consideration

hold one or more public sittings at such place or places in each State

as it thinks fit; and

(d) thereafter make necessary amendments in the Delimitation

Order.

5.

Procedure and Powers of Commission.—(1) In the discharge of its

functions under this Ordinance, the Commission shal1 determine its own

procedure and shal1 have al1 the powers of a civil court under the Code of

Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the fol1owing

matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the production of any document; and

(c) requisitioning any public record from any court or office.

(2) The Commission shall have the power to require any person to furnish

any information on such points or matters as, in the opinion of the Commission,

may be useful for, or relevant to, any matter under the consideration of the

Commission.

(3) The Commission shal1 be deemed to be a civil court for the purposes

of sections 345 and 346 of the Code of Criminal Procedure, 1973

(2 of 1974.)

Explanation.—For the purposes of enforcing the attendance of witnesses,

the local limits of the jurisdiction of the Commission shal1 be the limits of the

territory of India.

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6.

Publicaion of amendments and their dates of operation.—(1) The

Commission shal1 cause the amendments made by it in the Delimitation Order to

be published in the Gazette of India and in the Official Gazettes of the States

concerned.

(2) Upon publication in the Gazette of India, every such amendment shal1

have the force of law and shal1 not be cal1ed in question in any court.

(3) As soon as may be .after such publication in the Gazette of India,

every such amendment shal1 be laid before the House of the People and the

Legislative Assembly of the State concerned.

(4) Subject to the provisions of sub-section (5), the readjustment of seats

and territorial constituencies in the House of the People or in the Legislative

Assembly of a State necessitated by any amendments made by the Commission

in the Delimitation Order and provided for in that Order as so amended shal1

apply in relation to every election to the House or, as the case may be, to the

Assembly, held after the publication of such amendments in the Gazette of India

and shall so apply in supersession of the provisions relating to representation

contained

in

the

Representation

of

the

People

Act,

1950

(43 of 1950).

(5) Nothing contained in the foregoing sub-sections shall affect the

representation in the House of the People or in the Legislative Assembly of a

State until the dissolution of the House or of the Assembly, as the case may be,

existing on the date of publication of the amendments made by the Commission

in the Gazette of India.

7.

Certain other Powers of Commission.—(1) The Commission may, from

time to time, by notification in the Gazette of India and in the Official Gazette of

the State concerned,—

(a) correct any printing mistake in the Delimitation Order as

amended under this Ordinance, or any error occurring therein from any

inadvertent slip or ommission; and

(b) where the boundaries or the name of any district or any

territorial division mentioned in the said Order are or is altered, make

such amendments as appear to it to be necessary or expedient for

bringing the Order up-to-date.

(2) Every notification under this section shall be laid, as soon as may be

after it is issued, before the House of the People and the Legislative Assembly

of the State concerned.

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8.

Validation of acts done previous to the commencement of Ordinance.—

All things done, and all steps taken, before the commencement of this Ordinance

by the Census Commissioner for the ascertainment or estimation of population of

the Scheduled Castes and the Scheduled Tribes, or by the Commission for the

purpose of readjustment of seats and territorial constituencies shall, in so far as

they are in conformity with the provisions of this Ordinance, be deemed to have

been done or taken under these provisions as if such provisions were in force at

the time such things were done or such steps were taken.

9.

Power to remove difficulties.—(1) If any difficulty arises in giving effect

to the provisions of this Ordinance, the Central Government may, by order

published in the Official Gazette, make such provisions, not inconsistent with

the provisions of this Ordinance, as appear to it to be necessary or expedient

for removing the difficulty.

(2) Every order made under sub-section (1) shall be laid, as soon as may

be, after it is made, before each House of Parliament.

10.

Validation of action taken under the lapsed Ordinance 2 of 2013.—

Not withstanding the lapse of the Readjustment of Representation of Scheduled

Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies

Ordinance, 2013, anything done or any action taken under the said Ordinance so

lapsed shall always be deemed to have been done or taken under the

corresponding provisions of this Ordinance as if such provisions had been in

force at all material time.

PRANAB MUKHERJEE,

President.

N. L. MEENA,

Additional Secretary to the Government of India.

CORRIGENDA

In the Indian Medical Council (Amendment) Ordinance, 2013, (4 of 2013), as

published in the Gazette of India, Extraordinary, Part II, Section 1, Issue No. 22,

dated the 21st May, 2013,—

(i) at page 1, in the Preamble, in paragraph 2, in line 2, for

“circumastances”, read “circumstances”; and

(ii) at page 4, in line 11, ,for “expirey”, read “expiry”.