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GOVERNMENT OF UNION TERRITORIES AND THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2005

Ministry of Law and Justice

Act nº 19 of 2005


  • Chapter I
  • Chapter II
  • Chapter III
  • Act nº 19 of 2005

Preamble

THE GOVERNMENT OF UNION TERRITORIES AND THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2005

[Act No. 19 of 2005]

[21st May, 2005]

PREAMBLE

An Act further to amend the Government of Union Territories Act, 1963 and to amend the Government of National Capital Territory of Delhi Act, 1991.

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

Chapter I

Section 1. Short Title

This Act may be called the Government of Union Territories and the Government Short title of National Capital Territory of Delhi (Amendment) Act, 2005.

Chapter II

Section 2. Amendment of section 3

In section 3 of the Government of Union Territories Act, 1963(20 of 1963) (hereafter in this Chapter referred to as the Union Territories Act), in sub-section (5), in the Explanation, in the proviso,--

(i) for the figures "2000", the figures "2026" shall be substituted; (ii) for the figures "1971", the figures "2001" shall be substituted.

Section 3. Amendment of section 38

In section 38 of the Union Territories Act, in clause (b), for the words and figures "the Delimitation Commission Act, 1962(61 of 1962)", the words and figures "the Delimitation Act, 2002(33 of 2002)" shall be substituted.

Section 4. Amendment of section 43E

In section 43E of the Union Territories Act,--

(i) for the figures "2000", the figures "2026" shall be substituted;

(ii) for the figures "1971", the figures "2001" shall be substituted.

Chapter III

Section 5. Amendment of section 3

In section 3 of the National Capital Territory of Delhi Act, 1991(15 of 1992), in the Explanation, for the proviso, the following proviso shall be substituted, namely:--

"Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.".

Annexure1
Annexure

ANNEXURE

EXTRACTS FROM THE GOVERNMENT OF UNION TERRITORIES ACT, 1963

(20 OF 1963)

* * * * *

PART II

LEGISLATIVE ASSEMBLIES

3. Legislative Assemblies for Union Territories and their compositions.--

(1)* * * * *

(5) The number of seats reserved for the scheduled castes or the scheduled tribes in the Legislative Assembly of the Union territory under sub-section (4) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the scheduled castes in the Union territory or of the scheduled tribes in the Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the Union territory.

Explanation.--In this sub-section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.

* * * * *

PART III

DELIMITATION OF CONSTITUENCIES

38. Definitions.--

In this Part, unless the context otherwise requires,--

* * * * *

(b) "Delimitation Commission" means the Delimitation Commission constituted under section 3 of the Delimitation Commission Act, 1962 (61 of 1962);

* * * * *

43E. Special provision as to readjustment of territorial constituencies.--

Notwithstanding anything contained in sections 38 to 43D (both inclusive), until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the division of each Union territory into territorial constituencies and any reference to the "latest census figures" in this Part shall be construed as a reference to the 1971 census figures.

* * * * *

EXTRACT FROM THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991

(1 OF 1992)

* * * * *

PART II

LEGISLATIVE ASSEMBLY

3. Legislative Assembly and its composition.--

(1) The total number of seats in the Legislative Assembly to be filled by persons chosen by direct election from territorial constituencies shall be seventy.

(2) For the purpose of elections to the Legislative Assembly, the Capital shall be divided into single-member assembly constituencies in accordance with the provisions of Part III in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Capital.

(3) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Capital bears to the total population of the Capital and the provisions of article 334 shall apply to such reservation.

Explanation.--In this section, the expression "population" means the population as ascertained in the last preceding census of which the relevant figures have been published:

Provided that where such figures have not been published, then for the purposes of elections for the constitution of the first Legislative Assembly under this Act, the provisional figures of the population of the Capital as published in relation to the 1991 census shall be deemed to be the population of the Capital.

* * * * *