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THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Title : THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Year : 1962


PART III

REPRESENTATION IN THE LEGISLATURES

The Council of States

6.Amendment of the Fourth Schedule to the Constitution.

6. Amendment of the Fourth Schedule to the Constitution. As from the appointed day, there shall be allotted 19 seats to the State of
Maharashtra, and 11 seats to the State of Gujarat, in the Council of
States, and in the Fourth Schedule to the Constitution, in the Table,-
-

(a) for entry 4, the following entry shall be substituted, namely:--

"4. Gujarat . . . . 11";

(b) after entry 7, the following entry shall be inserted, namely:--

"8. Maharashtra . . 19";

(c) entries 8 to 18 shall be renumbered as entries 9 to 19.respectively; and

(d) for the figures "221" the figures "224" shall be substituted.

7.Allocation of sitting members.

7. Allocation of sitting members. (1) The twelve sitting members of the Council of States representing the State of Bombay, whose names are specified in Part I of the Second Schedule, and such six of the nine sitting members

580

elected to represent that State at the biennial elections held for the purpose of filling the vacancies existing on the 3rd day of April,
1960, as the Chairman of the Council of States shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill eighteen of the nineteen seats allotted to the State of
Maharashtra.

(2) The five sitting members of the Council of States representing the State of Bombay, whose names are specified in Part II
of the Second Schedule, and the remaining three of the nine members elected at the said biennial elections shall, as from the appointed day, be deemed to have been duly elected to fill eight of the eleven seats allotted to the State of Gujarat.

8.Bye-elections to fill vacancies.

8. Bye-elections to fill vacancies. As soon as may be after the appointed day, bye-elections shall be held to fill the additional seats allotted to the States of Maharashtra and Gujarat as well as the existing casual vacancy in the seats allotted to the State of Gujarat.

9.Term of office,

9. Term of office, (1) The term of office of the sitting members and of the member chosen to fill the casual vacancy shall remain unaltered.

(2) The term of office of the member elected to fill the one additional seat allotted to the State of Maharashtra shall expire on the 2nd day of April, 1966.(3) Out of the two members elected to fill the two additional seats allotted to the State of Gujarat, the term of office of that member who, at the counting of votes, is last declared elected, or if an equality of votes is found to exist, the term of office of such one of them as the returning officer shall decide by lot, shall expire on the 2nd day of April, 1964 and the term of office of the other member shall expire on the 2nd day of April, 1966.The House of the People

10.Representation in the House of the People.

10. Representation in the House of the People. As from the appointed day, there shall be allotted 44 seats to the State of
Maharashtra, and 22 seats to the State of Gujarat, in the House of the
People, and in the First Schedule to the Representation of the People
Act, 1950 (43 of 1950).--

(a) for entry 4, the following entry shall be substituted, namely:--

"4. Gujarat . . . 22";

581.(b) after entry 7, the following entry shall be inserted, namely:--

"8. Maharashtra . . 44"; and

(c) entries 8 to 22 shall be renumbered as entries 9 to 23.respectively.

11.Delimitation of Parliamentary Constituencies.

11. Delimitation of Parliamentary Constituencies. As from the appointed day, the First Schedule to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall stand amended as directed in the Third Schedule to this Act.

12.Provision as to sitting members.

12. Provision as to sitting members. Every sitting member of the
House of the People representing a constituency which, on the appointed day, by virtue of the provisions of section 11, stands allotted, with or without alteration of boundaries, to the State of
Maharashtra or to the State of Gujarat, shall be deemed to have been elected to the House of the People by that constituency as so allotted.

The Legislative Assemblies

13.Strength of Legislative Assemblies.

13. Strength of Legislative Assemblies. As from the appointed day, the total number of seats to be filled by persons chosen by direct election in the Legislative Assemblies of Maharashtra and
Gujarat shall be 264 and 132 respectively, and in the Second Schedule to the Representation of the People Act, 1950 (43 of 1950).--

(a) for entry 4, the following entry shall be substituted, namely:--

"4. Gujarat . . . 132";

(b) after entry 7, the following entry shall be inserted, namely:--

"8. Maharashtra . . 264"; and

(c) entries 8 to 13 shall be renumbered as entries 9 to 14.respectively.

14.Delimitation of assembly constituencies.

14. Delimitation of assembly constituencies. As from the appointed day, the Second Schedule to the Delimitation of
Parliamentary and Assembly Constituencies Order, 1956, shall stand amended as directed in the Fourth Schedule to this Act.

15.Allocation of members.

15. Allocation of members. (1) Every sitting member of the
Legislative Assembly of Bombay representing a constituency which on the appointed day by virtue of the provisions of section 14 stands transferred, whether with

582.or without alteration of boundaries, to the State of Gujarat shall, as from that day, cease to be a member of the Legislative Assembly of
Bombay and shall be deemed to have been elected to the Legislative
Assembly of Gujarat by that constituency as so transferred.

(2) All other sitting members of the Legislative Assembly of
Bombay shall become members of the Legislative Assembly of Maharashtra and any such sitting member representing a constituency the extent or the name and extent of which are altered by virtue of the provisions of section 14 shall be deemed to have been elected to the Legislative
Assembly of Maharashtra by that Constituency as so altered.

(3) The sitting member of the Legislative Assembly of Bombay nominated to that Assembly under article 333 to represent the Anglo-
Indian community shall be deemed to have been nominated to represent the said community in the Legislative Assembly of Maharashtra under that article.

16.Duration of Legislative Assemblies.

16. Duration of Legislative Assemblies. The period of five years referred to in clause (1) of article 172 of the Constitution shall, in the case of the Legislative Assembly of Maharashtra or Gujarat, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of Bombay.

17.Speakers and Deputy Speakers.

17. Speakers and Deputy Speakers. (1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the
Legislative Assembly of Bombay shall be the Speaker and Deputy Speaker respectively of the Legislative Assembly of Maharashtra.

(2) As soon as may be after the appointed day, the Legislative
Assembly of Gujarat shall choose two members of that Assembly to be respectively Speaker and Deputy Speaker thereof and until they are so chosen, the duties of the office of Speaker shall be performed by such member of the Assembly as the Governor may appoint for the purpose.

18.Rules of procedure.

18. Rules of procedure. The rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative Assembly of Bombay shall, until rules are made under clause (1) of article 208, have effect in relation to the Legislative
Assembly of Maharashtra or of Gujarat, subject to such modifications and adaptations as may be made therein by the Speaker thereof.

583.19.Special provisions in relation to Gujarat Legislative Assembly.

19. Special provisions in relation to Gujarat Legislative
Assembly. (1) The total number of seats in the Legislative Assembly of
Gujarat to be filled by persons chosen by direct election on the expiration of the duration of that Assembly under section 16 or on its dissolution shall be increased from 132 to 154; and accordingly, as from the date of such expiration or dissolution, in the Second
Schedule to the Representation of the People Act, 1950 (43 of 1950), in entry 4, for the figures "132", the figures "154" shall be substituted.

(2) For the purpose of giving effect to the provisions of sub-
section (1), the Election Commission shall determine in the manner hereinafter provided--

(a) the number of seats to be reserved for the scheduled castes and the scheduled tribes of the State in the
Legislative Assembly, having regard to the relevant provisions of the Constitution;

1*[(b) the assembly constituencies into which the State shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the scheduled castes or for the scheduled tribes; and]

(c) the adjustments in the boundaries and description of the extent of the parliamentary constituencies in the State that may be necessary or expedient.

2*[(3) In determining the matters referred to in clauses (b) and
(c) of sub-section (2), the Election Commission shall have regard to the following provisions, namely:--

(a) all the constituencies shall be single-member constituencies;

(b) all the constituencies shall, as far as practicable, be geographically compact areas and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; and

(c) constituencies in which seats are reserved either for the scheduled castes or for the scheduled tribes shall, as far as practicable, be located in the areas in which the population of the scheduled castes or, as the case may be, of the scheduled tribes is most concentrated, but in regard to scheduled castes, care should be taken to distribute the reserved seats in different areas of the State.]
---------------------------------------------------------------------
1. Subs. by Act 1 of 1961, s. 6, for cl. (b)
2. Subs. by s. 6, ibid., for sub-section (3).

584.(4) For the purpose of assisting the Election Commission in the performance of its functions under sub-section (2), the Commission shall associate with itself such five persons as the Central
Government shall by order specify, being persons who are members either of the Legislative Assembly of the State or of the House of the
People representing the State:

Provided that none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.

(5) The Election Commission shall--

(a) publish its proposals in regard to matters mentioned in sub-section (2) in the Official Gazette of the State together with a notice specifying the date on or after which the proposals will be further considered by it;

(b) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration, hold one or more public sittings at such place or places as it thinks fit;

(c) make an order revising to such extent as may be necessary or expedient the Schedules to the
Delimitation of Parliamentary and Assembly
Constituencies Order, 1956, in so far as they relate to the State; and

(d) send authenticated copies of the order to the Central
Government and to the State Government.

(6) As soon as may be after the said order is received by the
Central Government or the State Government, it shall be laid before the House of the People or, as the case may be, the Legislative
Assembly of the State.

(7) An order made by the Election Commission under this section shall have the full force of law and shall not be called in question in any court.

The Legislative Council

20.Amendment of article 168 of the Constitution.

20. Amendment of article 168 of the Constitution. As from the appointed day, in article 168 of the Constitution, in sub-clause (a)
of clause (1), the word "Bombay" shall be omitted, and after the word
"Madras", the word "Maharashtra" shall be inserted.

21.Legislative Council of Maharashtra.

21. Legislative Council of Maharashtra. As from the appointed day, there shall be 78 seats in the Legislative Council of
Maharashtra, and in the Third Schedule to the Representation of the
People Act, 1950 (43 of 1950).--

584A

(a) the entry No. 3 relating to Bombay shall be omitted and the existing entries 4 and 5 shall be renumbered as entries 3 and 4 respectively;

(b) after the entry relating to Madras, the following entry shall be inserted, namely:--

"5. Maharashtra . 78 22 7 7 30 12.".

22.Council constituencies.

22. Council constituencies. As from the appointed day, the
Delimitation of Council Constituencies (Bombay) Order, 1951 shall stand amended as directed in the Fifth Schedule.

585.23.Provision as to certain sitting members.

23. Provision as to certain sitting members. (1) On the appointed day--

(a) the sitting members of the Legislative Council of Bombay specified in the Sixth Schedule shall cease to be members of that Council; and

(b) all other sitting members of that Council shall become members of the Legislative Council of Maharashtra and any such sitting member representing a council constituency the extent of which is altered by virtue of the provisions of section 22 shall be deemed to have been elected to the Legislative Council of Maharashtra by that constituency as so altered.

(2) The term of office of the members referred to in clause (b)
of sub-section (1) shall remain unaltered.

24.Special provision as to biennial elections.

24. Special provision as to biennial elections. (1)
Notwithstanding anything contained in section 16 of the Representation of the People Act, 1951 (43 of 1951), no notification under that section shall be published before the appointed day for holding biennial elections to fill the seats of members of the Legislative
Council of Bombay, retiring on the expiration of their term of office on the 24th day of April, 1960.

(2) The term of office of the members of the said Council elected to fill the vacancies at the said biennial elections shall expire on the 24th day of April, 1960.

25.Chairman and Deputy Chairman.

25. Chairman and Deputy Chairman. (1) The person who immediately before the appointed day is the Deputy Chairman of the Legislative
Council of Bombay shall be the Deputy Chairman of the Legislative
Council of Maharashtra.

(2) As soon as may be after the completion of the biennial elections referred to in section 24, the Legislative Council of
Maharashtra shall choose one of its members to be the Chairman thereof.

Scheduled Castes and Scheduled Tribes

26.Amendment of the Scheduled Castes Order.

26. Amendment of the Scheduled Castes Order. As from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Seventh Schedule.

27.Amendment of the Scheduled Tribes Order.

27. Amendment of the Scheduled Tribes Order. As from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Eighth Schedule.

586.PART
HIGH COURTS
Last updated on May, 2015

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