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The Delimitation Commission Act - 1952
The Delimitation Commission Act - 1952
EXTRAORDINARY
Part II- Section I
PUBLISHED BY AUTHORITY
MINISTRY OF LAW
The following Act of Parliament received the assent of the President on the 7th
January, 1953 and is hereby published for general information:--
1.Short title – This Act may be called the Delimitation Commission Act, 1952.
(e) “member” means a member of the Commission and includes the Chairman.
(2) The Central Government shall nominate one of the members appointed under clause
(a) of sub-section(1) to be the Chairman of the Commission.
4. Duties of the Commission –It shall be the duty of the Commission to readjust the
representation of the several territorial constituencies in the House of the People and of
the several territorial constituencies in the Legislative Assembly of each State other than
Jammu and Kashmir, on the basis of the latest census figures and to delimit the said
constituencies.
5. Associate members-(1) For the purpose of assisting the Commission in the
readjustment of the representation and in the delimitation of the territorial constituencies,
both for the House of the People and the Legislative Assembly, if any, in each State other
than the State of Jammu and Kashmir and the State of Bilaspur, the Commission shall
associate with itself from that State, if its population according to the latest census
figures—
(a) is not less than seventy-five lakhs, seven persons, three of whom shall be
members of the House of the People representing that State and four shall be
members of the Legislative Assembly of that State;
(b) is less than seventy-five lakhs, but not less than twenty lakhs, five persons, two
of whom shall be members of the House of the People representing that State
and three shall be members of the Legislative Assembly of that State;
(c) is less than twenty lakhs and the State has a Legislative Assembly, three
persons, one of whom shall be a member of the House of the People
representing that State and two shall be members of the Legislative Assembly of
that State; and
(d) is less than twenty lakhs and the State has no Legislative Assembly, two persons
who shall be the members of the House of the People representing that State.
(2) The persons to be so associated from each State shall be nominated, in the case of
members of the House of the People , by the Speaker of that House, and in the case of
members of a Legislative Assembly ,by the Speaker of that Assembly, having due regard
to the composition of the House, or as the case may be , of the Assembly.
Provided that no reduction shall be made in the number of seats in the House of
the People at present allotted to any Part C State which has no Legislative
Assembly.
(2) The Commission shall, in the manner herein provided, then distribute the seats
allotted to each of the States other than Jammu and Kashmir in the House of the
People, the seats assigned to the Legislative Assembly of each Part A State and of
each Part B State other than Jammu and Kashmir, and the seats allotted to the
Legislative Assemblies of certain Part C States under section 3 of the Government
of Part C States Act, 1951(XLIX of 1951) , to territorial constituencies and
delimit them in accordance with the provisions of the Constitution and of the said
section 3 on the basis of the latest census figures, and in doing so, the
Commission shall have regard to the following provisions, namely :-----
(3) First in respect of the determination of numbers under sub-section (1), and then
again in respect of the distribution of seats and delimitation of constituencies
under sub-section (2), the Commission shall –
(a) publish its proposals, together with the dissenting proposals, if any, of an
associate member who desires publication thereof, in the Gazette of India
and Official Gazettes of all the States concerned and also in such other
manner as it thinks fit;
(b) specify a date on or after which the proposals will be further considered by
it;
(c) Consider all objections and suggestions which may have been received by it
before the date so specified, and for the purpose of such consideration, hold
one or more public sittings at such place or places as it thinks fit; and
(d) thereafter, determine the matters referred to in sub-section(1) or, as the case
may be, in sub-section(2) by one or more final orders
(2) As soon as may be after such publication, every such order shall be laid before the
House of the People.
(3) Subject to the provisions of sub-section (4), the readjustment of the presentation of
the several territorial constituencies in the House of the People or in the Legislative
Assembly of a State and the delimitation of those constituencies provided for in any
such order shall apply in relation to every election to the House of the People or to
the Legislative Assembly of such State, as the case may be, held after the
publication in the Gazette of India of that order, and shall so apply in supersession
of the provisions relating to such representation contained in the Representation of
the People Act, 1950 (XLIII of 1950), the Government of Part C States Act,
1951(XLIX of 1951) and the orders made under either of the said Acts.
10. Amendment of orders of the Commission.- At any time within six months of the
date of publication in the Gazette of India of any order of the Commission under
sub-section (1) of section 9, any clerical or arithmetical mistake in the order and
any error arising therein from an accidental slip or omission may be corrected by
the Chief Election Commissioner by order made with the previous approval of the
other members of the Commission or of such of them as may be then available and
published in the Gazette of India
K.V.K.SUNDARAM
Secretary