Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies Bill, 2013
House and Date of Introduction: Rajya Sabha on 26.02.2013
Preamble
[ Bill No. 12 of 2013]
A
Bill
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 therefor, 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.
Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:--
1 . Short title and commencement.--
(1) This Act may be called the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies Act, 2013.
(2) It shall be deemed to have come into force on the 30th day of January, 2013.
2 . Definitions.--
In this Act, 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 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 Act, 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 up to the 31st May, 2012k, 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 shall be final and shall not be called in question in any court.
4 . Readjustment of territorial constituencies by Commission.--
(1) After the population figures have been notified for any State under section 3, the Commission shall make such amendments as may be necessary in the Delimitation Order, having...
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