THE GOVERNMENT OF PART C STATES ACT, 1951

Sun Feb 27 2022 | Constitutional | Comments (0)

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Year : 1951

[Act No. 49 of 1951]
[6th September, 1951]

PREAMBLE

An Act to provide for Legislative Assemblies, Councils of Ministers and Councils of Advisers for Part C States.

Be it enacted by Parliament as follows:-

Section -1 Short title and commencement

(1) This Act may be called the Government of Part C States Act, 1951.

(2) This section and sections 2, 3, 4, 6, 7, 8, 17, 42, 43 and 44 and the First, Second, Third and Fifth Schedules shall come into force at once; and the remaining provisions of this Act shall come into force on such date or dates as the Central Government may by notification in the Official Gazette Appoint, and for this purpose the Central Government may appoint different dates for different provisions of this Act and for different States :

Provided that the provisions of sections 3, 4, 6, 7, 8 and 17 shall not come into force in any of the States of Kutch, Manipur and Tripura until such date or dates as the Central Government may by notification in the Official Gazette Appoint in this behalf.

Section -2 Interpretation

(1) In this Act, unless the context otherwise enquires,-

(a) "Article" means an article of the Constitution;

(b) "Assembly constituency" means a constituency provided by order made under sub-section (2) of section 4 for the purpose of elections to the Legislative Assembly of a State;

(c) "Delhi", except where it occurs in the expression "State of Delhi", means such area in the State of Delhi as the Central Government may by notification in the Official Gazette specify;

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "Judicial Commissioner" includes an Additional Judicial Commissioner;

(f) "New Delhi" means such area in the State of Delhi as the Central Government may by notification in the Official Gazette specify;

(g) "State" means any State specified in Part C of the First Schedule to the Constitution other than Bilaspur.

(2) For the purposes of this Act, the castes specified in the First Scheduled shall be the Scheduled Castes in relation to the Part C State under which they are so specified, and the tribes specified in the Second Schedule shall be the Scheduled Tribes in relation to the Part C State under which they are so specified.

(3) Any reference in this Act to the Chief Commissioner shall, in relation to a State for the time being administered by the President through a Lieu tenant-Governor, be construed as a inference to the Lieutenant-Governor.

(4) Any reference in this Act to laws made by Parliament shall be construed as including a reference to Ordinances made by the President under article 123.

Section -3 Constitution of Legislative Assemblies and their composition

(1) There shall be a Legislative Assembly for each State.

(2) The allocation of seats in the Legislative Assemblies of the State of Ajmer, Bhopal, Coorg, Delhi,Himachal Pradesh and Vindhya Prades shall be as shown in the Third Schedule.

(3) In the Legislative Assembly of each State specified in the first column of the Third Schedule there shall be the number of seats specified in the second column opposite to that State which shall be filled by direct election, and of those seats-

(a) The number specified in the third column shall be the number of seats reserved for the Scheduled Castes, and

(b) The number, if any, specified in the fourth column shall be the number of seats reserved for the Scheduled Tribes.

(4) The composition of the Legislative Assembly of any State which not specified in the first column of the Third Schedule shall be such as the President may by order specify in relation to that State.

(5) As from the date on which the Legislative Assembly of Coorg in after having been only constituted under the provisions of this Part, summoned to meet for its first session, the Coorg Legislative Council shall ceased to function and shall be deemed to be dissolved.

Section -4 Delimitation of constituencies

(1) For the purpose of elections to the Legislative. Assembly of a State, there shall be constituencies as provided by order made under sub-section (2) and no other constituencies.

(2) As soon as may be after this section comes into force in any Stat the President shall by order determine-

(a) The constituencies into which such State shall be divided;

(b) The extent of such constituencies;

(c) The number of seats allotted to each such constituency; and

(d) The number of seats, if any, reserved for the Schedule Castes or for the Scheduled Tribes in each constituency.

(3) The President may, from time to time, after consulting the Election Commission, by order alter or amend any order made by him under sub-section(2).

(4) The Election Commission shall-

(a) In consultation with the Advisory Committee set up under sub- section (1) of section 13 of the Representation of the People Act 1950 (XLIII of 1950), in respect of each State other than Coorg, formulate proposals as to the delimitation of constituencies in that State under sub-section (2), and

(b) In consultation with the member of Parliament representing the State of Coorg formulate proposals as to the delimitation of constituencies in that State under sub-section (2), and submit the proposals to the President for making the orders under the aid sub- section (2).

Section -5 Duration of Legislative Assemblies

The Legislative Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly:

Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, READ MORE

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