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ELECTION LAWS (EXTENSION TO SIKKIM) ACT, 1976
ELECTION LAWS (EXTENSION TO SIKKIM) ACT, 1976
10 of 1976
OBJECTS AND REASONS By the Constitution (Thirty-sixth Amendment) Act, 1975, which came into force on the 26th April, 1975, Sikkim has become a constituent unit of India as the 22nd State in the Indian Union. Section 3 of that Act inserted a new article 371 Fin the Constitution to provide inter alia that the sitting members of the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under the Constitution, that until other provisions are made by Parliament by law, there shall be allotted to the State of Sikkim one seat in the House of the People and that the representative of that State in the existing House of People shall be elected by the members of the Legislative Assembly aforesaid. S. 4 of that Act amended the Fourth Schedule to the Constitution to allot one seat in the Council of States to that State. 2. With a view to giving effect to the provisions of the Constitution (Thirty-sixth Amendment) Act, 1975, it was decided, in consultation with the Election Commission, that the Representation of the People Act, 1950 and the Representation of the People Act, 1951 should be extended, with necessary modifications, to the State of Sikkim. As Parliament was not in session and as it was necessary to extend those Acts so that the representatives of the State of Sikkim in Parliament could be elected without delay, the President promulgated on September 9, 1975, the Election Laws (Extension to Sikkim) Ordinance, 1975. This Bill seeks to replace that Ordinance.-S.O.R., Gaz. of Ind., 9-1-1976, Pt. 11, S. 2, Ext" p. 221. An Act to provide for the extension of the Representation of the People Act, 1950 and the Representation of the People Act, 1951, to the State of Sikkim. Be it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Election Laws (Extension to Sikkim) Act, 1976.
(2) It shall be deemed to have come into force on the 9th day of September, 1975.
SECTION 02: EXTENSION AND AMENDMENT OF ELECTION LAWS
(1) The Acts mentioned in the Schedule are hereby extended to, and shall be in force in, the State of Sikkim.
(2) With effect from the commencement of this Act, the Acts mentioned in the Schedule shall be amended as specified therein.
(3) Any reference in the Acts mentioned in the Schedule to a law not in force, or to a functionary not in existence, in the State of Sikkim shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State : Provided that if any question arises as to who such corresponding functionary is, or if there is no such corresponding functionary, the Central Government shall decide as to who such functionary will be and the decision of the Central Government shall be final.
SECTION 03: REPEAL AND SAVING
(1) The Election Laws (Extension to Sikkim) Ordinance, 1975, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under or by virtue of the said Ordinance shall be deemed to have been done or taken under or by virtue of this Act.
