Act Number: 43

Act Name: The Representation of the People Act, 1950

Year: 1950

Enactment Date: 1950-05-12

Long Title: An Act to provide the allocation of seats in, and the delimitation of constituencies for the purpose of election to, the House of the People and the Legislatures of States, the qualifications of voters at such elections, the preparation of electoral rolls, the manner of filling seats in the Council of States to be filled by representatives of Union territories, and matters connected therewith.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 8A: Delimitation of Parliamentary and Assembly Constituencies in the States of Arunchal Pardesh, Assam, Manipur or Nagaland.
    1-[8A. Delimitation of Parliamentary and Assembly Constituencies in the States 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     (2) As soon as may be after the deferment order in respect of a State is rescinded under subsection (1), the Election Commission may, by order, determine--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     (3) As soon as may be after the deferment order in respect of a State is rescinded under sub-section (1), the Election Commission may, by order, determine--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 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.]
Notes:
1. Ins. by s. 5, ibid.
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