THE LEGISLATIVE COUNCILS ACT, 1957

Sun Feb 27 2022 | Constitutional | Comments (0)

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Year : 1957

[Act, No. 37 of 1957]
[18th September, 1957]

PREAMBLE

An Act to provide for the creation of a Legislative Council for the State of Andhra Pradesh and the increasing of the strength of the Legislative Councils of the States having such Councils and for matters connected therewith.

BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:-

Section -1 Short title

This Act may be called the Legislative Councils Act, 1957.

Section -2 Definitions

In this Act, unless the context otherwise requires,-

(a)Each of the words and expressions defined in the Representation of the People Act, 1950, but not defined in this Act, shall have the same meaning as in that Act;

(b) "Sitting member" means a person who immediately before the commencement of this Act is a member of a Legislative Council.

Section -3 Creation of a Legislative Council for Andhra Pradesh

(1) As from such date as the President may by order appoint,1*there shall be a Legislative Council for the State of Andhra Pradesh; and as from that date, in sub-clause (a) of clause (1) of Article 168 of the Constitution, after the words "States of", the words "Andhra Pradesh" shall be inserted.

(2) In the said Council, there shall be 90 seats of which-

(a) The numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of Article 171 shall be 31, 8 and 8 respectively;

(b) The number to be filled by persons elected by the members of the Legislative Assembly of Andhra Pradesh in accordance with the provisions of sub-clause (d) of the said clause shall be 31; and

(c) The number to be filled by persons nominated by the Governor of Andhra Pradesh in accordance with the provisions of sub-clause (e) of that clause shall be 12.

(3) As soon as may be after the commencement of this Act, the President, after consultation with the Election Commission, shall by order, determine-

(a) The constituencies into which the State of Andhra Pradesh shall be divided for the purpose of elections to the said Council under each of the sub-clauses (a), (b) and (c) of clause (3) of Article 171;

(b) The extent of each constituency; and

(c) The number of seats to be allotted to each constituency.

(4) As soon as may be after such determination, steps shall be taken to constitute the said Council in accordance with the provisions of this Act and of the Representation of the People Act, 1950, and the Representation of the People Act, 1951.

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1. 1st July, 1958 was appointed as the date from which there shall be a Legislative Council for the State of Andhra Pradesh,.

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Section -4 Increase in the strength of the Bihar Legislative Council

(1) The total number of seats in the Legislative Council of Bihar shall be increased from 72 to 96 and of those seats-

(a) The numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of Article 171 shall be 34, 8 and 8 respectively;

(b) The number to be filled by persons elected by members of the Legislative Assembly of Bihar in accordance with the provisions of sub-clause (d) of the said clause shall be 34; and

(c) The number to be filled by persons nominated by the Governor of Bihar in accordance with the provisions of sub-clause (e) of that clause shall be 12.

(2) The Delimitation of Council Constituencies (Bihar) Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the First Schedule.

(3) As soon as may be after the commencement of this Act, elections shall be held to fill-

(a) The additional seats allotted to the several council constituencies by the said Order as modified by this Act; and

(b) The additional seats to be filled by the persons referred to in clause (b) of sub-section (1), as if those seats had become vacant.

(4) In order that, as nearly as may be, one-third of the members of the said Council may retire on the 6th May, 1958, and on the expiration of every second year thereafter, the Governor of Bihar shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members to be elected to fill the additional seats under sub-section (3).

Section -5 Increase in the strength of the Bombay Legislative Council

(1) The total number of seats in the Legislative Council of Bombay shall be increased to 108 and of those seats-

(a) The numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of Article 171 shall be 36, 9 and 9, respectively;

(b) The number to be filled by persons elected by the members of the Legislative Assembly of Bombay in accordance with the
provisions of sub-clause (d) of the said clause shall be 42; and

(c) The number to be filled by persons nominated by the Governor of Bombay in accordance with the provisions of sub-clause (e) of that clause shall be 12.

(2) As from the commencement of this Act, the Delimitation of Council Constituencies (Bombay) Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Second Schedule and in the said Order as so modified, any reference to the State of Bombay shall be construed as a reference to that State as formed by Section 8 of the States Reorganisation Act, 1956.

(3) As from the commencement of this READ MORE

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