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THE UTTAR PRADESH REORGANISATION ACT, 2000

Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART III

REPRESENTATION IN THE LEGISLATURES

The Council of States


7.Amendment of the Fourth Schedule to the Constitution.


7. Amendment of the Fourth Schedule to the Constitution.-On and from the appointed day, in the Fourth Schedule to the Constitution, in the
Table,-

(a) entries 17 to 28 shall be renumbered as entries 18 to 29.respectively;

(b) in entry 16, for the figures "34", the figures "31" shall be substituted;

(c) after entry 16, the following entry shall be inserted, namely:-

"17. Uttaranchal
................................................................................
...3".


8.Allocation of sitting members.


8. Allocation of sitting members.-(1) On and from the appointed day, thirty-four sitting members of the Council of States representing the existing State of Uttar Pradesh shall be deemed to have been elected to fill the seats allotted to the States of U tar Pradesh and
Uttaranchal, as specified in the First Schedule to this Act.

(2) The term of office of such sitting members shall remain unaltered.

The House of the People


9.Representation in the House of the People.


9. Representation in the House of the People.-On and from the appointed day, there shall be allocated 80 seats to the successor
State of Uttar Pradesh, and 5 to the successor State of Uttaranchal, in the House of the People, and the First Schedule to the
Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.


10.Delimitation of Parliamentary and Assembly Constituencies.


10. Delimitation of Parliamentary and Assembly Constituencies.-On and from the appointed day, the Delimitation of Parliamentary and Assembly
Constituencies Order, 1976, shall stand amended as directed in the
Second Schedule to this Act.


11.Provision as to sitting members.


11. Provision as to sitting members.-(1) Every sitting member of the
House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the uccessor
State of Uttar Pradesh or Uttaranchal, shall be deemed to have been elected to the House of the People by that constituency as so allotted.

(2) The term of office of such sitting members shall remain unaltered.

The Legislative Assembly


12.Provisions as to Legislative Assemblies.


12. Provisions as to Legislative Assemblies.-(1) The number of seats as on the appointed day in the Legislative Assemblies of the States of
Uttar Pradesh and Uttaranchal shall be four hundred and three and seventy respectively.

(2) In the Second Schedule to the Representation of the People Act,
1950 (43 of 1950), under heading "I. States"-

(a) entries 25 and 26 shall be renumbered as entries 26 and 27.respectively;

(b) after entry 24, the following entry shall be inserted, namely:-

"1 5.25.Uttaranchal...............................................................
70;

(c) in entry 26 as so renumbered, for the figures "425", the figures
"403" shall be substituted.


13.Allocation of sitting members.


13. Allocation of sitting members.-(1) Every sitting member of the
Legislative Assembly of the existing State of Uttar Pradesh elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 1 stands allotted, with or without alteration of boundaries, to the State of
Uttaranchal shall, on and from that day, cease to be a member of the
Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected to fill a seat in the provisio al Legislative Assembly of
Uttaranchal from that constituency as so allotted.

(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall continue to be members of the
Legislative Assembly of that State and any such sitting member representing a constituency the extent or the name and ext nt of which are altered by virtue of the provisions of section 10 shall be deemed to have been elected to the Legislative Assembly of Uttar Pradesh by that constituency as so altered.

(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Uttar Pradesh and
Uttaranchal shall be deemed to be duly constituted on the appointed day.

(4) The sitting member of the Legislative Assembly of the existing
State of Uttar Pradesh 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 L gislative Assembly of Uttar Pradesh under that article.


14.Composition of provisional Legislative Assembly of Uttaranchal.


14. Composition of provisional Legislative Assembly of
Uttaranchal.-(1) On and from the appointed day and until the
Legislative Assembly of the successor State of Uttaranchal has been duly constituted and summoned to meet for the first session under the rovisions of the Constitution, a provisional Legislative Assembly of the State of Uttaranchal, consisting of the twenty-two sitting members of the Legislative Assembly and nine members of the Legislative
Council of the existing State of Uttar Pradesh rep esenting the
Assembly constituencies or Council constituencies of the territories transferred by virtue of the provisions of section 3 shall be constituted.

(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that
State.

(3) The term of office of the members of the provisional Legislative
Assembly of the State of Uttaranchal shall, unless the said
Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the Stat of
Uttaranchal.


15.Duration of Legislative Assemblies.


15. Duration of Legislative Assemblies.-The period of five years referred to in clause (1) of article 172 shall, in the case of the
Legislative Assembly of the State of Uttar Pradesh, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of the existing State of Uttar Pradesh.


16.Speaker and Deputy Speaker.


16. Speaker and Deputy Speaker.-(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the
Legislative Assembly of the existing State of Uttar Pradesh shall continue to be the Speaker and Deputy Speaker respectivel of that
Assembly on and from that day.

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


17.Rules of procedure.


17. Rules of procedure.-The rules of procedure and conduct of business of the Legislative Assembly of Uttar Pradesh as in force immediately before the appointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure an conduct of business of the Legislative Assembly of Uttaranchal, subject to such modifications and adaptations as may be made therein by the Speaker thereof.

The Legislative Council of Uttar Pradesh


18.Legislative Council of Uttar Pradesh.


18. Legislative Council of Uttar Pradesh.-On and from the appointed day, there shall be ninety-nine seats in the Legislative Council of
Uttar Pradesh, and in the Third Schedule to the Representation of the
People Act, 1950 (43 of 1950), for the existing ntry 8, the following entry shall be substituted, namely:-

"8. Uttar Pradesh
.....................................................99 36 8 8 37 10".


19.Amendment of the Delimitation of Council Constituencies.


19. Amendment of the Delimitation of Council Constituencies.-On and from the appointed day, the Delimitation of the Council Constituencies
(Uttar Pradesh) Order, 1951 shall stand amended as directed in the
Third Schedule.


20.Provision as to certain sitting members.


20. Provision as to certain sitting members.-(1) On and from the appointed day, the sitting members of the Legislative Council of the existing State of Uttar Pradesh specified in the Fourth Schedule to this Act shall cease to be members of that Council a d shall be deemed to be the members of the provisional Legislative Assembly.

(2) On and from the appointed day, all sitting members of the
Legislative Council of the existing State of Uttar Pradesh other than those referred to in sub-section (1) shall continue to be members of that Council.

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


21.Deputy Chairman.


21. Deputy Chairman.-The person who immediately before the appointed day is the Deputy Chairman of the Legislative Council of the existing
State of Uttar Pradesh shall continue to be the Deputy Chairman, on and from that day of that Council.

Delimitation of constituencies


22.Delimitation of constituencies.


22. Delimitation of constituencies.-(1) For the purpose of giving effect to the provisions of section 12, 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 in the Legislative Assemblies of the States of
Uttar Pradesh and Uttaranchal, respectively, having regard to the relevant provisions of the Constitution;

(b) the assembly constituencies into which each State referred to in clause (a) 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 each State referred to in clause
(a) that may be necessary or expedient.

(2) In determining the matters referred to in clauses (b) and (c) of sub-section (1), the Election Commission shall have regard to the following provisions, namely:-

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

(b) all 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 conveniences to the publi ; and

(c) constituencies in which seats are reserved for the Scheduled
Castes and the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.

(3) The Election Commission shall, for the purpose of assisting it in the performance of its functions under sub-section (1), associate with itself as associate members, five persons as the Central Government may by order specify, being persons who are t e members of the
Legislative Assembly of the State or of the House of the People representing the State: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election
Commission.

(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of sub-section (3).

(5) The Election Commission shall-

(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, ogether with a notice inviting objections and suggestions in relation to the proposals and specifying a 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

(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazett ; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.

(6) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the
Legislative Assembly of the concerned State.


23.Power of Election Commission to maintain Delimitation
Ordersup-to-date.


23. Power of Election Commission to maintain Delimitation Orders up-to-date.-(1) The Election Commission may, from time to time, by notification in the Official Gazette,-

(a) correct any printing mistakes in any order made under section 22.or any error arising therein from inadvertent slip or omission; and

(b) where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.

(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned Legislative Assembly.

Scheduled Castes and Scheduled Tribes


24.Amendment of the Scheduled Castes Order.


24. Amendment of the Scheduled Castes Order.-On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to this Act.


25.Amendment to the Scheduled Tribes Order.


25. Amendment to the Scheduled Tribes Order.-On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule to this Act.


PART

HIGH COURT
Last updated on May, 2015
Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART III

REPRESENTATION IN THE LEGISLATURES

The Council of States


7.Amendment of the Fourth Schedule to the Constitution.


7. Amendment of the Fourth Schedule to the Constitution.-On and from the appointed day, in the Fourth Schedule to the Constitution, in the
Table,-

(a) entries 17 to 28 shall be renumbered as entries 18 to 29.respectively;

(b) in entry 16, for the figures "34", the figures "31" shall be substituted;

(c) after entry 16, the following entry shall be inserted, namely:-

"17. Uttaranchal
................................................................................
...3".


8.Allocation of sitting members.


8. Allocation of sitting members.-(1) On and from the appointed day, thirty-four sitting members of the Council of States representing the existing State of Uttar Pradesh shall be deemed to have been elected to fill the seats allotted to the States of U tar Pradesh and
Uttaranchal, as specified in the First Schedule to this Act.

(2) The term of office of such sitting members shall remain unaltered.

The House of the People


9.Representation in the House of the People.


9. Representation in the House of the People.-On and from the appointed day, there shall be allocated 80 seats to the successor
State of Uttar Pradesh, and 5 to the successor State of Uttaranchal, in the House of the People, and the First Schedule to the
Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.


10.Delimitation of Parliamentary and Assembly Constituencies.


10. Delimitation of Parliamentary and Assembly Constituencies.-On and from the appointed day, the Delimitation of Parliamentary and Assembly
Constituencies Order, 1976, shall stand amended as directed in the
Second Schedule to this Act.


11.Provision as to sitting members.


11. Provision as to sitting members.-(1) Every sitting member of the
House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the uccessor
State of Uttar Pradesh or Uttaranchal, shall be deemed to have been elected to the House of the People by that constituency as so allotted.

(2) The term of office of such sitting members shall remain unaltered.

The Legislative Assembly


12.Provisions as to Legislative Assemblies.


12. Provisions as to Legislative Assemblies.-(1) The number of seats as on the appointed day in the Legislative Assemblies of the States of
Uttar Pradesh and Uttaranchal shall be four hundred and three and seventy respectively.

(2) In the Second Schedule to the Representation of the People Act,
1950 (43 of 1950), under heading "I. States"-

(a) entries 25 and 26 shall be renumbered as entries 26 and 27.respectively;

(b) after entry 24, the following entry shall be inserted, namely:-

"1 5.25.Uttaranchal...............................................................
70;

(c) in entry 26 as so renumbered, for the figures "425", the figures
"403" shall be substituted.


13.Allocation of sitting members.


13. Allocation of sitting members.-(1) Every sitting member of the
Legislative Assembly of the existing State of Uttar Pradesh elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 1 stands allotted, with or without alteration of boundaries, to the State of
Uttaranchal shall, on and from that day, cease to be a member of the
Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected to fill a seat in the provisio al Legislative Assembly of
Uttaranchal from that constituency as so allotted.

(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall continue to be members of the
Legislative Assembly of that State and any such sitting member representing a constituency the extent or the name and ext nt of which are altered by virtue of the provisions of section 10 shall be deemed to have been elected to the Legislative Assembly of Uttar Pradesh by that constituency as so altered.

(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Uttar Pradesh and
Uttaranchal shall be deemed to be duly constituted on the appointed day.

(4) The sitting member of the Legislative Assembly of the existing
State of Uttar Pradesh 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 L gislative Assembly of Uttar Pradesh under that article.


14.Composition of provisional Legislative Assembly of Uttaranchal.


14. Composition of provisional Legislative Assembly of
Uttaranchal.-(1) On and from the appointed day and until the
Legislative Assembly of the successor State of Uttaranchal has been duly constituted and summoned to meet for the first session under the rovisions of the Constitution, a provisional Legislative Assembly of the State of Uttaranchal, consisting of the twenty-two sitting members of the Legislative Assembly and nine members of the Legislative
Council of the existing State of Uttar Pradesh rep esenting the
Assembly constituencies or Council constituencies of the territories transferred by virtue of the provisions of section 3 shall be constituted.

(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that
State.

(3) The term of office of the members of the provisional Legislative
Assembly of the State of Uttaranchal shall, unless the said
Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the Stat of
Uttaranchal.


15.Duration of Legislative Assemblies.


15. Duration of Legislative Assemblies.-The period of five years referred to in clause (1) of article 172 shall, in the case of the
Legislative Assembly of the State of Uttar Pradesh, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of the existing State of Uttar Pradesh.


16.Speaker and Deputy Speaker.


16. Speaker and Deputy Speaker.-(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the
Legislative Assembly of the existing State of Uttar Pradesh shall continue to be the Speaker and Deputy Speaker respectivel of that
Assembly on and from that day.

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


17.Rules of procedure.


17. Rules of procedure.-The rules of procedure and conduct of business of the Legislative Assembly of Uttar Pradesh as in force immediately before the appointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure an conduct of business of the Legislative Assembly of Uttaranchal, subject to such modifications and adaptations as may be made therein by the Speaker thereof.

The Legislative Council of Uttar Pradesh


18.Legislative Council of Uttar Pradesh.


18. Legislative Council of Uttar Pradesh.-On and from the appointed day, there shall be ninety-nine seats in the Legislative Council of
Uttar Pradesh, and in the Third Schedule to the Representation of the
People Act, 1950 (43 of 1950), for the existing ntry 8, the following entry shall be substituted, namely:-

"8. Uttar Pradesh
.....................................................99 36 8 8 37 10".


19.Amendment of the Delimitation of Council Constituencies.


19. Amendment of the Delimitation of Council Constituencies.-On and from the appointed day, the Delimitation of the Council Constituencies
(Uttar Pradesh) Order, 1951 shall stand amended as directed in the
Third Schedule.


20.Provision as to certain sitting members.


20. Provision as to certain sitting members.-(1) On and from the appointed day, the sitting members of the Legislative Council of the existing State of Uttar Pradesh specified in the Fourth Schedule to this Act shall cease to be members of that Council a d shall be deemed to be the members of the provisional Legislative Assembly.

(2) On and from the appointed day, all sitting members of the
Legislative Council of the existing State of Uttar Pradesh other than those referred to in sub-section (1) shall continue to be members of that Council.

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


21.Deputy Chairman.


21. Deputy Chairman.-The person who immediately before the appointed day is the Deputy Chairman of the Legislative Council of the existing
State of Uttar Pradesh shall continue to be the Deputy Chairman, on and from that day of that Council.

Delimitation of constituencies


22.Delimitation of constituencies.


22. Delimitation of constituencies.-(1) For the purpose of giving effect to the provisions of section 12, 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 in the Legislative Assemblies of the States of
Uttar Pradesh and Uttaranchal, respectively, having regard to the relevant provisions of the Constitution;

(b) the assembly constituencies into which each State referred to in clause (a) 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 each State referred to in clause
(a) that may be necessary or expedient.

(2) In determining the matters referred to in clauses (b) and (c) of sub-section (1), the Election Commission shall have regard to the following provisions, namely:-

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

(b) all 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 conveniences to the publi ; and

(c) constituencies in which seats are reserved for the Scheduled
Castes and the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.

(3) The Election Commission shall, for the purpose of assisting it in the performance of its functions under sub-section (1), associate with itself as associate members, five persons as the Central Government may by order specify, being persons who are t e members of the
Legislative Assembly of the State or of the House of the People representing the State: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election
Commission.

(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of sub-section (3).

(5) The Election Commission shall-

(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, ogether with a notice inviting objections and suggestions in relation to the proposals and specifying a 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

(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazett ; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.

(6) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the
Legislative Assembly of the concerned State.


23.Power of Election Commission to maintain Delimitation
Ordersup-to-date.


23. Power of Election Commission to maintain Delimitation Orders up-to-date.-(1) The Election Commission may, from time to time, by notification in the Official Gazette,-

(a) correct any printing mistakes in any order made under section 22.or any error arising therein from inadvertent slip or omission; and

(b) where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.

(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned Legislative Assembly.

Scheduled Castes and Scheduled Tribes


24.Amendment of the Scheduled Castes Order.


24. Amendment of the Scheduled Castes Order.-On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to this Act.


25.Amendment to the Scheduled Tribes Order.


25. Amendment to the Scheduled Tribes Order.-On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule to this Act.


PART

HIGH COURT
Last updated on May, 2015

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