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  • Cental Acts
  • THE REPRESENTATION OF THE PEOPLE ACT, 1950

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THE REPRESENTATION OF THE PEOPLE ACT, 1950

THE REPRESENTATION OF THE PEOPLE ACT, 1950

________

ARRANGEMENT OF SECTIONS

________

PART I

PRELIMINARY

SECTIONS

1. Short title.

2. Definitions.

PART II

ALLOCATION OF SEATS AND DELIMITATION OF CONSTITUENCIES

The House of the People

3. Allocation of seats in the House of the People.

4. Filling of seats in the House of the People and Parliamentary Constituencies.

5-6. [Repealed.]

The State Legislative Assemblies

7. Total number of seats in Legislative Assemblies and Assembly Constituencies.

7A.Total number of seats in the Legislative Assembly of Sikkim and Assembly Constituencies.

The Delimitation of Parliamentary and Assembly Constituencies Order

8. Consolidation of delimitation orders.

9. Power of Election Commission to maintain Delimitation Order up-to-date.

9A. Power of Election Commission to determine the constituencies to be reserved for Scheduled Tribes in certain

States.

9B. Power of Election Commission to determine certain Constituencies to be reserved for Scheduled Tribes in the

State of Tripura.

The State Legislative Councils

10. Allocation of seats in the Legislative Councils.

11. Delimitation of Council constituencies.

Provisions as to orders delimiting constituencies

12. Power to alter or amend orders.

13. Procedure as to orders delimiting constituencies.

PART IIA

OFFICERS

13A. Chief electoral officers.

13AA. District election officers.

13B. Electoral registration officers.

13C. Assistant electoral registration officers.

Representation of the People Act, 1950

(PART II.—Acts of Parliament)

SECTIONS

13CC. Chief electoral officers, district election officers, etc., deemed to be on deputation to Election Commission.

PART IIB

ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES

13D. Electoral rolls for parliamentary constituencies.

PART III

ELECTORAL ROLLS FOR ASSEMBLY CONSTITUENCIES

14. Definitions.

15. Electoral roll for every constituency.

16. Disqualifications for registration in an electoral roll.

17. No person to be registered in more than one constituency.

18. No person to be registered more than once in any constituency.

19. Conditions of registration.

20. Meaning of "ordinarily resident".

21. Preparation and revision of electoral rolls.

22. Correction of entries in electoral rolls.

23. Inclusion of names in electoral rolls.

24. Appeals.

25. Fee for applications and appeals.

25A. Conditions of registration as elector in Sangha constituency in Sikkim.

PART IV

ELECTORAL ROLLS FOR COUNCIL CONSTITUENCIES

26. [Repealed.]

27. Preparation of electoral rolls for Council Constituencies.

PART IVA

MANNER OF FILLING SEATS IN THE COUNCIL OF STATES TO BE FILLED BY

REPRESENTATIVES OF UNION TERRITORIES

27A. Constitution of electoral colleges for the filling of seats in the Council of States allotted to Union territories.

27B-27F. [Repealed.]

27G. Termination of membership of electoral college for certain disqualifications.

27H. Manner of filling of seats in the Council of States allotted to Union territories.

27-I. [Repealed.]

27J. Power of electoral colleges to elect notwithstanding vacancies therein.

27K. [Repealed.]

PART V

GENERAL

28. Power to make rules.

29. Staff of local authorities to be made available.

30. Jurisdiction of civil courts barred.

Representation of the People Act, 1950

(PART II.—Acts of Parliament)

SECTIONS

31. Making false declarations.

32. Breach of official duty in connection with the preparation, etc., of electoral rolls.

THE FIRST SCHEDULE.—ALLOCATION OF SEATS IN THE HOUSE OF THE PEOPLE.

THE SECOND SCHEDULE.—TOTAL NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLIES.

THE THIRD SCHEDULE.—ALLOCATION OF SEATS IN THE LEGISLATIVE COUNCILS.

THE FOURTH SCHEDULE.—LOCAL AUTHORITIES FOR PURPOSES OF ELECTIONS TO LEGISLATIVE COUNCILS.

THE FIFTH SCHEDULE.—[REPEALED.]

THE SIXTH SCHEDULE.— [REPEALED.]

THE SEVENTH SCHEDULE.—[REPEALED.]

THE REPRESENTATION OF THE PEOPLE ACT, 1950

(43 OF 1950)

[12th May, 1950.]

An Act to provide the allocation of seats in, and the delimitation of constituencies for the purpose of

election to, the House of the People and the Legislatures of States, the qualifications of voters at such

elections, the preparation of electoral rolls, 1[the manner of filling seats in the Council of States to be

filled by representatives of 2[Union territories]], and matters connected therewith.

BE it enacted by Parliament as follows:—

PART I

PRELIMINARY

1. Short title. —This Act may be called the Representation of the People Act, 1950.

2. Definitions.— 3* * * In this Act, unless the context otherwise requires,—

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

(b) "Assembly constituency" means a constituency provided 4[by law] for the purpose of elections to the Legislative

Assembly of a State;

(c) "Council constituency" means a constituency provided 5[by law] for the purpose of elections to the Legislative

Council of a State;

6* * * * *

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

(e) "order" means an order published in the Official Gazette;

(f) "Parliamentary constituency" means a constituency provided 7[by law] for the purpose of elections to the House of

the People;

8* * * * *

(g) "person" does not include a body of persons;

(h) "prescribed" means prescribed by rules made under this Act;

9[(i) "State" includes a Union territory;]

(j) "State Government", in relation to a Union territory, means the administrator thereof.]

10* * * * *

____________________________________________________

1. Ins. by Act 73 of 1950, s. 2.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part C States".

3. The brackets and figure "(1)" omitted by Act 103 of 1956, s. 65.

4. Subs. by Act 2 of 1956, s. 2, for "by order made under section 9".

5. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "by order made under section 11".

6. Cl. (cc) ins. by Act 73 of 1950, s. 3 and omitted by Act 103 of 1956, s. 65.

7. Subs. by Act 2 of 1956, s. 2, for "by section 6 or by order made thereunder".

8. Cl. (ff) ins. by Act 67 of 1951, s. 2 was omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union

Subjects) Order, 1974, s. 3 and Sch. (w.e.f. 21-1-1972).

9. Subs. by s. 3 and Sch., ibid., for the former cl. (i) (w.e.f. 21-1-1972).

10. Sub-section (2) omitted by the Adaptation of Laws (No. 2) Order, 1956.

Representation of the People Act, 1950

(PART II.—Acts of Parliament)

PART II

ALLOCATION OF SEATS AND DELIMITATION OF CONSTITUENCIES

The House of the People

1[3. Allocation of seats in the House of the People.—The allocation of seats to the States in the House of the People

and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of each State shall

be as shown in the First Schedule.

4. Filling of seats in the House of the People and parliamentary constituencies. —2* * * * *

3[(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the States.]

(3) Every parliamentary constituency referred to in sub-section (2) shall be a single-member constituency.

(4) Every State to which only one seat is allotted under section 3 shall form one parliamentary constituency.

4[(5) Save as provided in sub-section (4), the extent of all parliamentary constituencies except the parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the orders of the Delimitation Commission made under the provisions of the Delimitation Act, 1972 (76 of 1972) and the extent of the parliamentary constituencies in the Union territory of Arunachal Pradesh shall be as determined by the order of the Election Commission under the provisions of the Government of Union Territories Act, 1963 (20 of 1963).]]

5. [Parliamentary constituencies.] Rep. by the Representation of the People (Amendment) Act, 1956 (2 of 1956), s. 4.

6. [Delimitation of parliamentary constituencies.] Rep. by the Adaptation of Laws (No. 2) Order, 1956.

The State Legislative Assemblies

5[7. Total number of seats in Legislative Assemblies and Assembly Constituencies.—

(1) 6[Subject to the provisions

of 7[sub-sections (1A), (1B) and (1C)], the total number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be filled by persons chosen by direct election from Assembly Constituencies, and the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as shown in that Schedule:

Provided that for the period referred to in clause (2) of article 371A, the total number of seats allotted to the Legislative

Assembly of the State of Nagaland shall be 8[fifty-two], of which—



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