REGISTERED No. D-481 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 40] NEW DELHI, SATURDAY, DECEMBER 23, 1950 MINISTRY OF LAW New Delhi, the 2th December, 1950 The following Acts of Parliament received the assent of the President on the 23rd December, 1950 and are hereby published for general information: — THE SUPPLY AND PRICES OF GOODS ACT, 1950 No. LXX OF 1950 A a Act to provide, in pursuance of a resolution under article 249 of the Constitution, for the control of prices of certain goods, and the supply and distribution thereof.
[23rd December, 1950] B E it enacted by Parliament as follows:—
1. Short title and extent.—(1) This Act may be called the Supply and Prices of Goods Act, 1950.
(2) I t extends to the whole of India except the State of Jammu and Kashmir.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—-
(a) "dealer" means a person carrying on the business of selling any goods, whether wholesale or retail;
(6) "goods" means goods to which this Act applies;
(c) "notified order" means an order notified in the Official Gazette;
(d) "offer for sale" includes an intimation by a person of the price proposed by him for a sale of any goods made by the publication of a price list, by exposing his goods for sale in association with a mark indicating price, by the furnishing of a quotation or otherwise howsoever;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "producer" includes a manufacturer;
(281 ) 282 THE GAZETTE OF INDIA EXTEA0BD1NAEY [PAKT II
(2) A person shall be deemed to be in possession of goods—' (») when they are held on behalf of that person by another person;
(») notwithstanding that they are mortgaged to another person.
3. Goods to Which thifl Act applies.—Subject to the other provision* contained herein, thiB Act applies to the goods specified in the Schedule and to such other goods as the Central Government may, by notified order, specify in this behalf.
4. Fixing of maximum prices and maximum quantities which may be held OT BOld.—(I) The Central Government may, by notified order, fix in respeot of any goods—
(a) the maximum price or rate which may be charged by a denier or producer;
(b) the maximum quantity which may at any one time be possoaBed by a dealer or producer;
(c) the maximum qunntity whuh may in one transaction 1m '•.old to any person.
(2) Any such order may—
(a) fix maximum prices or rates and maximum quantities for the same description of goods differently in different localities or for different classes of dealers or producers;
(b) instead of specifying the maximum price or rale to be charged, direct that that price or rate shall be computed in such manner anrt by reference to such matters as Tnny be provided by the order.
5. Restrictions on possession and sale by dealers and producers where maximum Is fixed under section 4.—(7) No dealer or producer ^hall—
(a) sell or agree to sell or offer for sale to nny person any goods for a price or at a rate exceeding thr maximum fixed under clause-
(a) of sub-section (I) of section 4,
(b) have in his possession at any one time a quantity of uny goods exceeding the maximum fixed under clause (6) of sub-section (I) of section 4, unless he has reported the fact of mieh possession to the Central Government or to the officer appointed in Ibat behalf as required by section 7; or
(o) sell or agree to sell or offer for sale to any person in any one transaction a quantity of any goods exceeding the maximum fixed under clause (c) of sub-section (1) of bed ion 4.
(2) Where any goods are sold, agreed to be sold or offered for sale in contravention of sub-section (1) by a dealer oV producer through nny person employed by him or acting on his behalf, such person and also, unless he proves that he exercised duo diligence to prevent such contravention, the dealer or producer, as the case may be, shall be liable to the punishment provided by sub-section (1) of section 14
(3) Where a dealer or producer disposes of any goods by having thorn sold by auction on his behalf, the auctioneer, as well as the dealer or produoer, shall be liable to the punishment provided by sub-section (1) of SBC. 1] T H E GAZETTE OF INDIA EXTBAOBDINABY 283T section 14, if in any such sale there is a contravention of clause (c) of sub-section (2).
6. General limitation of quantity which may be possessed at any one time.—(1) No person shall have in his possession at any one time a greater quantity of any goods to which this section applies than the quantity necessary for the reasonable needs of himself and his family for the prescribed period, unless he has reported the fact of such possession to the Central Government or to the officer appointed in that behalf as required by section 7:
Provided that nothing contained in this sub-section shall apply—
(a) to a dealer in respect of any goods sold or purchased by him in the course of his business, or
(b) to a producer in respect of any goods produced by him.
(3) For the purposes of this section, the Central Government may prescribe the circumstances and matters which shall be taken into account in determining the reasonable needs of any person, and may prescribe different periods for different areas or for different classes of goods.
(3) Notwithstanding anything contained in section 3, this section sharll apply only to such goods as the Central Government may, by notified order, specify in this behalf.
7. Duty to declare possession of excess stocks —Any person having in his possession a quantity of any goods exceeding that permitted by or under this Act shall forthwith report the fact to the Central Government or to any officer appointed by it in this behalf and shall take such action asto the storage, distribution or disposal of the excess quantity as may be prescribed or as the Central Government or such officer may direct.
8. Holding Of stocks.—(1) If any denier has in his possession in the course of his business a stock of any goods and the said dealer or any person employed by him to sell goods in the course of his business, when asked by any other person (hereinafter in this section referred to as "the buyer") to sell goods of that description or whether he or his employer has such goods for sale—
(i) refuses to sell the goods, or denies that he or his employer has the goods, or by words or conduct intentionally causes the buver to believe that he or his employer has not got the goods or will not or cannot sell them, or
(ii) offer* to sell the goods subject to a condition requiring thebuying of any other goods or subject to any other condition except the condition that the buyer shall pav the price forthwith or take deli's ery within a reasonable time.
the dealer carrying on the business shall be guiltv of an offence under this Act.
(2) It shall be a defence for a person charged with any such offence to prove that the sale of the goods or the sale thereof without the fulfilment of the condition proposed by him, would, having regard to the quantity of goods which he or that person was requested to sell or any other consideration—
(a) be contrary to the normal practice of his business; or 284 THE GAZETTE OF TNDIA EXTKAOBDINAEY [PART II
(b) involve a broach of some obligation lawfully binding on him;
ov
(fi) interfere with arrangements made In hijn lot an oiderly disposal of his stock among his regular cuslomerb.
9 Oash memorandum to be given of certain sales.—(7) Every dealer ov producer, when selling goods for eush shall, if the amount of the purchase î rupees (en oi more, iu all eases, and if the amount of the purchase is less than rupees ten, when so required by the purchaser, give to the purchaser a ensh memorandum containing particulars of the transaction.
(9) The Central Government may prescribe, the particulars to be conirtincd in any such cash memorandum.
(3) Notwithstanding anything contained in sectiou 3, this section shall apply to all goods, whether they are goods to which this Aet applies within the meaning of that section or not, but the Central Government may, by ••notified order, exempt specified areas, clasi-es of dealers ov producers or •classes of goods from the operation of this section.
10. Marking of pricea and exhibiting price lists and stocks.—(J) The Central Government may direct dealers or producers in general, or any dealer or producer- or class ol dealers or producers in particular, to mark gooda exposed or intended for sale with the sale prices or to exhibit at some easily accessible place on the premises price lists of goods held for sale mid also to similarly exhibit on the first day of every month, or (it such other interval as may be prescribed, a statement of the total quantities of wtiy such goods held in stock, and may further give directions as to the 'manner iu which any such direction as aforesaid is to be carried out.
(3) N"o dealer ahull destroy or efface, or alter or came in be destroyed, Kifracnd or altered, any label or mark affixed—
(a) to any goods in pursuance of a direction under sub-section (1) or
(b) to any goods and indicating the price marked by a producer.
(3) Notwithstanding anything contained in section IS, the Central Gov- •et'nment may, by notified ordor, declare that the provisions of this section shall also apply' to any goods other than those to which this Act applies within the meaning of that section.
11. Obligation to state prices separately on composite ofler —Where a dealer or produce]1 makes an offer to enter into a transaction for a consideration to he given as ti whole in respect of hoth of a sale ot any goodB t»id of some other matter, the dealer or producer making the offer shall state in writing the price which ho assigns to the goods, if he is required so to do by any person to whom the offer is made, nnd the offer shall be deemed for the purposes of this Act to be an offer to sell the goods at the price so slated.
12. Prohibition of closure of Shops.—No dealer in nnv goods shall keep hit) shop closed with the intention, of avoiding -the regular sale of such goods and thereby obtaining a higher price for the goods at ft later date.
13. Power to regulate production and distribution of goods.—The Central Government may, by general or special order,—
(a) prohibit the disposal of any goods except in such circumstances and under such conditions as may be specified in the order;
SEC. V\ THE GAZETTE OF INDIA EXTRAOBDINAEY 286
(b) direct the sale oi the whole or n specified part of the stock ol" any goods at such prices and to such persons or class of persons or in such circumstances as may be specified in the order;
(c) regulate by licences, permits or otherwise the production, supply, storage, transport or distribution of any good1* or the iwe < t any goods in any industry.
14. Penalties.—(I) Am peikm who contravenes any of the provisions of this Act, or of any orders or rules made thereunder, shall, if no other punishment ifi specified therefor in this Act, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both:
Provided that where the peison is guilty of an offence under section ft, the court shall sentence- him to imprisonment for u term which may extend to three years, and may in addition impose a sentence of fine.
(2) Any person who falU to comply with any directions made under authority conferred by this Aet shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(3) A court convicting any person of an offence punishable under this Act may order that the goods in respect of which the offence has been committed or a specified part ihereof shall be forfeited to the Government.
15. Offences by OorporatlonB—(1) Where any person, contravening anj of the provisions of this Act or of any order or direction nmde thereunder is a company or other body corporate, every person, who, during the relevant period, was in charge of, and waa responsible to the company or otb'w body corporate during that period for the conduct of the business of th» establishment in or in relation to which the contravention bas taken plac*, aa well as the company or other body corporate, shall be deemed to h* guilty of such contravention and shall' be liable to be proceeded againet and punished accordingly.
Provided that nothing contained in this sub-section shall render tmj person so in charge or responsible liable to any punishment provided in this Act, if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.
(S) Notwithstanding anything contained in sub-eeotion (1), where any offence under this Aot or any order or direction made thereunder has be_«m committed by a company or other body corporate and it is proved that th» offence has been committed with the consent or connivance of, or ig attributable to any ntgleet on the part of, any director, manager, secretary »r other officer of the company or other body corporate, Much director, manager, secretary or other officer shall also bn doemed to be gui'ty of that offence and shall be liable to be proceeded against and punished accordingly.
10. Powers ol search and seizure.—(7) For the purpose of enforcing ft* provisions of this Act, the Central Government may, by general or Bpeci»l order, authorise nny officer not below the rank ot an inspector of police—
(a) to entei and search any premises, vehicles, vessels or aircraft occupied for the purpose of the business in any ,̂ oods or where BBJ *uch goods may be found;
(b) to seize any goods in respeot of which he has reason to bchtf • that (in offence under this Act has been committed and thereafter t* 286 THE GAZETTE OF INDIA EXTRAOBDTNAltY [PAKT II take all such measures as may be necessary for securing the production of suoh goods in court.
(2) If any person obstructs an officer in the exercise of the powers conferred upon him by this section ho shall be punishable with imprisonment wjiich may extend do six months, or with fine, or with both.
17. Procedure.—No offence punishable under this Act shall be inquired into by any person below the rank of an inspector of police and ho prosecution for any such offence shall be instituted except with the previous sanotioti of the Central Government or of an officer not below the rank of a district magistrate empowered by the Central Government to grant suoh sanction.
18. Summary trlali.—(I) Notwithstanding anything contained in section 260 of the Code of Criminal Procedure, 1898'(Act"V of 1898), a magistrate empowered to act under that section may try any offence punishable under this Act in a summary way under the provisions of Chapter XXlt of the said Code, and shall so try any such offence unless he is of opinion thnt in the event of the offence being proved a sentence -which he JS empowered under that Chapter to impose would be insufficient
(3) Notwithstanding anything contained in section 362 of the s=aid Code, n presidency magistrale trying an offence punishable under thin Act shall not record the evidence or frump a charge unless he is of opinion that, in (the event of the offence being proved a sentence ngninst which, in accordance with the proviaions of sections 404 and 411 of the Raid Code no appeal lies, would be insufficient:
Provided that, where at any subsequent slage of a trial commenced in accordance with this sub-section, it appears to the presidency magistrate that in the event of the offence being proved such sentence as aforesaid .Would be inwuffteient, ho shall recall any witnesses who may have been examined find proceed to re-hear the case in the manner provided in the said ttectjon 862 for a case in which an appeal lies
(3) Notwithstanding anything contained in section 52(1 of the kaid Code, no decision of a court to try any offence punjshable under this Aet otherwise than in fihe Munmavy manner provided by this section shall be a valid ground on which to make an application under that section.
(i) "References in this section to the Code of CMimnil "Proeeduie, 1898, or to any provision thereof shall, in relation to any Part "R Stnte to which this Act extends, be construed as references to the corresponding la.w or to the corresponding provision thereof in force in that State.
19. Accounts and information—(1) The Central Government may direct any dealer or producer to keep such books, accounts and other records in relatiuu to all sale and purchase transactions entered into bv him as it thinks necessary.
(2) The Centra! Government may direct a dealer crc producer—
(a) to produce to, and allow to be examined by, a person speoified m this behali such books, accounts or other documents' in the custody or under t ic control of the person so required as may be specified or described in the direction boing documents relating to the transactions or business the examination of which may be required for the purpose of this Act; and SEC. ] ] THE GAZETTE OF INDIA EXTRAORDINARY 287
(6) to furnish to a person so specified such information as respects the transaction or business as may be required for the purposes of this Act or such other information as may be in his possession in relation to the business carried on by another person.
(3) The Central Government may by notified order, issue to all dealers and producer^ of a specified class a direction such as is referred to in subsection (1) or in clause (a) of sub-section (2).
20. Restriction on disclosure of information.—(1) No information with respect to any particular business which has been obtained under this Actf shall, without the consent of the person carrying on that ousinesg, be disclosed otherwise than in connection with the execution of this Act'
Provided that nothing in this section shall apply to a disclosure of information made for the purpose of any criminal proceedings which may be taken whether by virtue of this Act or otherwise, or for the purposes of any other law for the time being in force.
(2) If any person discloses any information in contravention of the provisions of this section he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
21. Power to exempt —The Central Government may, by notified order, exempt any person or any goods or class of goods from all or any o,1 the provisions of this Act or of any order made thereunder.
22. Delegation of powers.—(1) The Central Government may, by notified order, direct that any power exercisable by it under this Act (except the power given to it under section 3) shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, h~> exercisable also by such officer or authority subordinate to the Central Government or by such State Government as may be specified in the direction.
(2) Any power exercisable by a State Government by virtue of a direction under sub-section (1) may, unless otherwise provided in such direction, be exercised also by such officer or authority subordinate to that State Government as it may, by notified order, specify in this behalf.
23. Power to issue directions to State Governments —The Central Gov- <=r/im >nt may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of any order or direction made thereunder.
24. Bar of legal proceedings.—No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
25. Saving of other laws.—The provisions of the Act shall be in addition to, and not m derogation of, any other law for the time being in force regulating the keeping, searching, distribution, disposal or price of goods.
26. Power to make rules (]) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the objects of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the matters referred to in sub-section (2) of section 6;
288 THE GAZETTE OF lhDlA EXTBAOEDINABY [ P A W I I
(fc) the particulars to be contained in any cash memorandum under section 9;
(c) the manner in which prices may be marked on goods and price lists exhibited;
(d) the issue of licences under section 18, and the attachment of any conditions thereto and the levying of a fee therefor;
(e) any other matter which is to be or may be prescribed.
27. Repeal ol Ordinance XXVI ot 1950.—(1) The Supply and Prices of Goods Orc/inance, 1950 (XXVI of 1950) is hereby repealed.
(2) Notwithstanding such repeal, anything done or nny action taken in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or und.ir this Act, m if this Act were in force on the day on which iuch thing waa done or aotion was taken.
THE SCHEDULE (See section 8) GOODS TO wmcn THIS ACT APPLIES
1. Non-ferrous metals, inoluding brass (unwrought and nami-tnanat»etured).
2. Bicycles, bioycle parts and accessories.
8. Cyole tyres and tubes.
4. Electric bulbs.
5. Caustio soda.
0. Soda ash.
7. Tanning materials (wattle bark, wattle extract, quebracho)
8. Baw rubber.
9. Casein.
10- Infants' foods (Glaxo, Horlicke, Cow and Gate Milk and Ostennitt^ THE INDIAN INCOME-TAX (AMENDMENT) ACT, IMO No. LXXI off 1950 An Act further to amend the Indian Inoome-tax Aot, 1922 [28rd December, MfiO] B B it enacted by Parliament as follows: —<
1. Short title.—This Act may be called the Indian Income-tax (Anwndment) Act, 1950.
2. Amendment of section 9 (1), Act XI of 1922.—To- sub-seotion (J> of section 0 of the Indian Inoome-tax Act, 1922 (hereinafter referred to as.
the said Act), the following Explanation shall be added, and, subject to the provisions of section 8 of this Act, shall be deemed always to have been added, namely:— 'F?p]a nation.—For the purposes of clause (iv) of this sub-eeetion, the expression "annual charge" doeg not include any tax in roij^ct SEC. 1] THE GAZKTTK OF IN OTA EXTKAOBDINABY 289 of property or income from property levied by a local authority or a State Government or the Central Government.'
3. Section 2 not to apply In certain cases,—Where before the 7th day of October, 1950, the Supreme Court has, on an appeal in respect of the assessment of an assesses for any particular year, held that any tax paid '>y that assessee in respect of the relevant previous year is an "annual harge not being a capital charge" within the meaning of clause (iv) of sub-section (1) of section 9 of the said Act, then nothing contained in section 2 of this Act hhall apply to the asseHsment of such assesses for that partioular year.
4. Special procedure lor revision in certain cases.—Where in respect of any assessment of an aasessee under the head "Income from property' other than an assessment referred to in section 8, an allowance has,' between the 26th day of May, 1950, and the 7th day of October, 1950, been made by an Income-tax authority or the Appellate Tribunal in respect of any municipal or other taxes levied by a local authority or a State Government as an annual charge not being a capital charge, the i .come-tax Officer shall revise the assessment by excluding such allownce, and if, in consequenoe of auch revision, any tax is found payable by the asseasee, the Inoome-tax Officer shall serve on the assessee a notice of demand upeoifying the sum so payable, and such notice of lemand shall be deemed to bB issued under section 39 of the aa,id Act, and the provisions of the said Act shall apply accordingly.
5. Amendment of section 9 (2), Act XI of 1922.—(1) As from the 1st day of April, 1951, for sub-section (2) of section 9 of the said Act, the following Sub-section shall be substituted, namely:-—• "(2) For the purposes of this section, the annual value of any property shall be deemed to be the sum for which the property mightr reasonably be expected to let from year to year:
1'rovided that where the property is in the occupation of the owner for the purposes of his own residence and the aforesaid sum exceeds ten per cent, of the total income of the owner, the annual value of the property shall be deemed to be ten per cent, of such total income:
Provided further that where the property is in the occupation of « tenant hnd the taxes levied by any local authority in respect of the property are, under the law authorising such levy, payable wholly by the ownor or partly by the owner and partly by the tenant—
(a) one-half of the total amount of such taxes or one-eighth' of the annual value of the proper^, whichever is less, shall, notwithstanding anything contained in such law. bo deemed to be the tenant's liability for such taxes, imd
(b) in determining the annual value of the property with reference to the rent payable by thn tenant, n deduction shall be made equal to that part, if any, of the tenant's liability which ie borne by the owner "
(2) The amendment made by sub-section (7) shall apply to all aagwwments for the year ending on the 31st day of March, 1952, und for any subsequent year.
290 THE GAZETTE OF TMXLV EXTIUOEDINAIlY [PART TI
6. Repeal of Ordinance XXVIII of I960.—(I) The Indian Income-tax (Amendment) Ordinance, 1950 (XXVIII of 1950), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by the said Ordinance shall be ('eemed to have been done or taken in the exercise of the powers conferred by this Act, us if this Act were in force on the day on which such thing was done or aotion was taken THE ESSENTIAL SUPPLCES (TEMPORARY POWERS) AMENDMENT ACT, 1950.
No. LXXII OP 1950 An Act further to amend the Essential Supplies (Temporary Powers] Act, 1946.
[23r(/ Decrmbei, 1950] Hi-, it enacted by Parliament as follows: —
1. Short title.-—Thiy Act may bo called the Essential Supplies (Temporary Powers) Amendment Act, 1950.
2. Amendment of section 3, Act XXIV of 1946.—In section 8 of the Essential Supplies (Temporary Power.-,) Act, 1046,—
(a) in sub-section (]), for the words "notified ordei" the wore;
"order" shall be substituted ;
(h) after snb-Rprtiou (/), the following mib-wation shall be inserted, namely: — "(J-A) An ordei made under sub-section (1) shall,—
(a) in Lhe ruse of an order of u general nature or affecting u class of persons, be notified in the Official Gii/.etlo; and
(b) in the cn*e ot an order affecting <Ui individual person, be served on such person—
(t) h} delivering or tendering it to that person, or
(ii) if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part ot the premises in which that person lives and the written report whereof should be witnessed by two persons living in the neighbourhood
3. Repeal of Ordinance XXXI of I960.—(1) The Essential Supplies '(Temporary Powers) Amendment Ordinance, 1050 (XXXT of 1950) is hereby repealed
(2) Notwithstanding sueh icpertl, anything done or any action taken in the exercise of any power conferred by or under the suid Ordinance shall be deemed to hovo been done or taken in thu e\rercisfe of the powers conferred by or under this Aet, as if this <\ot were in force on the day on which such thing was done or action was taken (<T) References in section 2 of this Act to any provision of the Essential Supplies (Temporary Powers) Act, 1046 (XXEVof 1946) shall be construed as references to that provision as in force immediately before the eommenCG- mient of the said Ordinance SEC 1] THE GAZETTE OF INDIA EXTB40BDINABY 291 THE REPRESENTATION OF THE PEOPLE (AMEND- MENT) ACT, 1950 No. LXXIII OF 1950.
An Act to amend the Representation of the People Act, 1950.
[2Bid December, 1950] - BE it enacted by Parliament as follows —
1. Short title.—This Act maj be called the Representation of the People ^ Amendment) Act, 3 950
2. Amendment of the long title, Act XLIII of 1950 —In the long title of the Bepresentation of the People Act, 1950 (hereinafter referred to as the said Act), after the words ' the preparation of electoral rolls" the words and letter "the manner of filling seats m the Council of States to be filled by representatives of Part C States" shall be inserted
3. Amendment of section 2, Act XLIII of 1950 In section 2 of the >aid Kct after clause (c) the following clause shall be mseited, namely — "(cc) 'Council of States constituency means a constituency provided by older made under section 27C for the put pose of election of members to the electoral college foi any Pait C State or group of such States leferred to in section 27 V, '
4. Amendment of section 16, Act XLIII of 1950.—In sect on 16 of the said Act— •(«) in clause (c) of subsection (7) afte the woid "corrupt' t! ( woids ' and illegal" shall be inserted, and
(6) to subsection (2) t i e following proviso shall be added, I'cimtij — "Piovided that the name of anj peison struck off the electoial roll of a constituent by reason of a disqualification under elaase (c) of sub section (1) shall foithwith be leinstated in that loll if such disqualification is during the penod such roll is in foice, removed undei am law authonsmg such removal "
5. Insertion of new section 22A in Act XLIII of 1950 —After section 22 of the said Act, the following section shall be inserted, name'y — "22/1 Special provisions with regard to electoral rolls first prepared undei tht *ict —(i) "Nbt«it1iat-indmg anything contained m the ioicgomg provisions of this Pait the nrst electoral rolls under this Act <-ha11 be piepaied in relation to such areas (referred to m this Act as 'eL ctoral units') in each State as the Election Commission may, in consultation with 'lie Government of that State, direct
(2) An electoral 'o1! prepared under =ub section (1) shall be published m such manner and at such places as may be prescribed b} reference to the electoral unit for which the roll has been prepared for the purpose of inviting claims for inclusion in, or objection to, such roll.
292 THE GAZETTE OF INDIA EXTEAOKDINAEY [PART II
(3) For the purpose of the preparation of electoral rolls under sub-section (7) and the claims and objections referred to in sub-section (3), the provisions of sections 15, 1.7, 18, 19, 20 and 22 shall have effect as if for any reference to a constituency in tho said sectionsthere were substituted a reference to an electoral unit.
(4) After the constituencies in a State have been determined undei Part II arid after the claims and objections in lespect of the electoral rolls tor all the electoral units or parts thereof comprised in u constituency so determined have been disposed of in accordance with the rules made in that behalf under section 28 and such electoral rolls have been altered m accordance with the decisions given on such claims and objections, the electoral rolls for all such electoral units and parts thereof so altered shall be republished in tho manner prescribed as the electoral roll for such constituency and shall, on such republioation, be deemed to be the electoral roll prepared under this Act for that constituency."
6. Amendment of section 26, Act XLHI of I960 -In section 26 of iho said Act, after the words and figures "sections 15 to 25", the brackets, words, figures and letter ''(including the special provisions contained in •eotion 22A)" shall be inserted.
7. Amendment of section 27, Act XLHI of 1950 -In sub-section (4) of section 27 of the said Act, after the figures " 2 3 " the brackets and words "(excluding the proviso)" shall be inserted.
8. Insertion of new Part IVA In Act XLIII ol I960.—After Part* IT of the said Act, the" following Part shall be inserted, namely: — "PART IVA MANNER OF FILLING SEATS IN THB COUNCIL or STATES TO BK PILLHD »r KEPRKSENTATJVES OF PART C STATES.
27A. Constitution o) electoral colleges for the filling of teat* in the Council of States allotted to Part C States.—(1) For the purpose of filling any seat or seats in the Council of States allotted to any Part C State or group of such States in the Fourth Schedule to the Constitution there shall be an electoral college for each such State or.
group of States:
Provided that for the purpose of filling the seat allotted to the Slates of Ajmer and Coorg there shall be an electoral college onJj for the State of Ajmer:
Provided further that for the purpose of filling the seat allotted to the States of Manipur and Tripura there shall be an electoral college for each of the said States,
(2) The electoral college for each State or group of States specified in the first column of the Fifth Schedule shall consist of the number of members specified in the second column thereof opposite to that State or group of States to be chosen by direct election.
(3) The electoral college first constituted under this Act for uiij State or group of States so Hpecified shall be reconstituted by a freshelection every time when there is a genera' election held in thai fttet* ISBO. 11 THE GYZETTE OF INDIA EXTRAOEDINABY 293 or group of States foi the purpose oi election of members to the House of tho People, and on every such reconstitution the electoral college for that Stute 01 group of States functioning immediately before such i('constitution shall be deemed to be dissolved mid the electoral college vi Iconstituted shall be the electoral college +oi such Stale or gioup ol" Hi sites, us the case may bo, for the pui poses of this Act (-/) Any casual vacancy in the seat of a member of an olectorul college tor any such Stutn or group of Suites as is retorted to in sub section (2) sh.ill be fillotl by election held in the constituency concerned in the nmnnei in nhioh the election of that member to such seat was held
(3) The electoial college tor the Htiile of Delhi whnll consist of-— (") the members of the ITouso of the People representing that State;
(l>) the non-official membo's of the Advisory Council of the Chief Commissioner of Delhi; and
(r) the non-official members of every cantonment board, district board, municipal committee and notified area committee within that State.
27B Council of States constituencies.—Fox the purpose of election of members to the clcetotal college for anj State or group of Stated specified in the first column of the Fifth Schedule there shall be the constituencies provided by order under section 27C and no other constituencies.
270. Delimitation of Council of Statex constituencies.—As soon as may be aftei the commencement of tins Act, the President shall by order determine—
(a) the constituencies into which each State or group of States specified in tho first column of the Fifth Schedule shall be diviviod for tho purpose of election of members to the oleotoral college for such State or group of States;
(b) the extent of each constituency; and
(fi) the number of seats allotted to eaoh constituency
27D. Powei to alter or amend Older* —The President may, from time to time, after consulting the Election Commission, by order, nltei or amend any oider made h> him under soction 27C.
27E Procedure as to orderx delimiting oonxtituenuiPi ~(1) The Flection Commission shall,— («) in consultation with the Advisory Committee set up un'der sub-section (7) of section 13 in respect of each Part C Stato specified in the first column of the Fifth Schedule, other than Bilaspui and Ilimachal Pradesh, formulate proposals as to the delimitation of constituencies m that State under section 27C, and
(b) in consultation with the Advisory Committee set up under the said sub-section in respect of Himaehal I'radesh, 294 rIHF ( T V Z E T T E OF r\TDT\ EXTKA.OHDINARY ("PART I I formulate proposals as to the delimitation of constituencies m the Staler of Bilaspm and Himachal Pradesh undei section 270, and submit the proposals to the President for making the ouler under the said se< tion 270
(2) E\ery ordei made under section 270 shall be laid befoie Parliament as soon as may be after it is made and shall be subject to such modifications as Parliament may make on a. motion made withm twenty days from the date on which the ordei is BO laid 27F EUiioral rollts foi Countd of States constituency—(1) Foi the purpose of election of membeiH to the electoral colle/o foi any State or gioup oi States spanned in the fiist column ot the .tilth Seheluk uhut- shall be an electoril loll foi eveiy Council of States constituency in Unit StT,te oi ^ioup of States
(2) So much of the a oil or rolls tor any Pailiamentary constituency or constituencies for the time being in force undei Pait IIT as relate to the fueas comprised within a Council of States constituency shall be deemed to be the ckctoial roll ioi that Council of States constituency 2 7 0 'Inmmati'hi of membership of doctoral lollegt, fir crlnii di^t/uah/it oliiiii^ —II n jeison who ia A inembe1 ot an elect oi il college becomes Biibiect to any disqualification for membcisbip of Parliament under the pio\isions of finv law lolatmg to conupt and illegal practices and other offences in connection with elections to Parliament, he fab all tluieupon ient< It be mu h nioinbei of tlu ek( toml irHe^i 27H Manner of filling of neala in the Council of bt<iles nilolti i to Pint 0 Stnitx—Sa^e â othciwisc piovidcd m section ^71 the seat oi peats in the ( onni il ol States allotted to any Pajt C State or gioup of such States m Ihe Foutth Sohnlule to the Constitution shall he filled by a poison oi persons elected by the membets of the electoial college foi such State oi qioup ot Sinter in accoidatuo \v>1h tin system of prop iioniil repiescJitalum bv means of the smsfl turns feiable "\otc 271 Spatial pionhiont, for the fillinq of ihe ficati in thr nuu il of Statin allot ltd to tlu States of 4]>ner and Coorg and ili<' S+)tei of \Fampur and Pnpiiia —(/) The scat in tho Council ot Statow allotted to the Match of A][nci and ( ooig in tho Foutth Schedule 1o Iho (_oiihtitution sh ill be filled by u person eleHed by (he merubtis ot ihe electoral college foi the Stato of \]mci and by th elected mambcis of tho C ootg Legislative ( ouncil m rotation Ilial is to sn\ at tlip lust general election and at e-vcry second subsequent biennial ejection the Riiid Hotit shall be filled by a peison eler ltd by the raemboii of the electoial (oik j( [oi the State of Ajuiei und at the tint bionmnl ele< tioi and at evciy thud nubsequent biennial election tho said seof ŝ lnlL b j filled by a person ilected by the elcetod mombeis of Ih 'ooig Logislatn e ( ouncil (lJ) Tho sent in the (ouncil of States allotted to the S U N H ot Mampur and Tnpuia ui the said Schedule shall be filled bj o peison ektted by the membeis of the decloral college for the State jf Fi i pura and by tho rnembeis of the eloitoial college foi the ^(ute ol Mampur in lotatiou that is to sin at the nisi general election inrl nt SEO 1] THE GAZETTE O"F INDIA EXTBAOHDINABY 295- every seoond subsequent biennial election the waid Beat shall be filled by a peison elected by tb.e inembois of the electoral college for the State of Tnpura and nt (he f'nst biennial election and at every third Subsequent biennial election the Raid sent bball be filled by a person elf etod by tho members of the olactorul college tor the State of J\lampur (.?) rl ho (.asual vacant-y in (lie scut allotted to tho States of Ajrnei and Coorg 01 lo ihe States of Matupur and Tripuia shall be filled by eloction m the State in which tho election to fill the seat was held at the last pietwbng gcneiul or biennial election as the ( aso miij be
(4) Ilvet \ < lection lit hi unde1 subsection (1), sub Heehon (S) oi sub section (•)) shall be held in aeiotdauee with the system ol proportionn1 leptesi ntotion b\ means of the single transferable vote •271 Pnwei <>/ clrrtoiul rollegts oi Ihe Coon/ Legiilative Oountil 'o elect notwithitandnuj vacancies ihtirw—-Mo elect ion b y t h e mombiis of un i 1( ctot il col'epe ot the elected members of the ( oorg Legislative Council undu this \ct sliull be called in question on the ^tound me eh ot the cxKtuuv of UIT, Micancy in Ihe memheisbip of such t olle^i. ot Council (is the c ise may be 27K Ri plan mi nl of chrtoral coJlrrjeH by bodies dtatcd under <iriul( '240 1o fuwiion un hqmhitinex —Notwithstanding anything ( ontmned in the foiegoiui, pioMsions ol this Part— (II) if a boiK is cicntul by I'diliumeni b% law undor aitiJe 2J0 loi anv ol the States specified ni the hist column of th( Vifth Schedule, othei than Bilaspur and Iliruachal Pradesh, to fiinelion as a |eo;islatute foi that Slnie then aftei such bod^ has bo<n <on=shtut<d it shul1 not be net ess uj to constituip or reconstitute any electoral < olh '̂L for that State and on the constitution of such body my dectoinl college for tho tune being functioning for su< h Stsitr shall bi deemed to be diBsolved, and s.jei"iur, L!7H oi section 271, is the case rriay be, bhall in us application to that State have effect as iL for any reference to thi tit ((oral to'ltge lor such Slide in that K'd'oii thejtj vcip Riibstihittd a icle nice io the l)odv so or cat < el ioi buch State,
(6) if any such body as aforesaid m so cieatcd tor each otthe States of Bilaspur and ITimat hal Pradesh, then after both such hodies ha\e been i onutihited it wTiall not be neoessaiy to eonstit1 ft oi ii constitute niiv elu toi al college for those States und on the (onstitutiotj of both such bodion niy cleeto al college foi the time being funetionii g foi those Staffs shnll be deemed to be dissohcd, ind scdiou 2711 thrall, in its applit ution to that group of States, have offect. as if for the reference to the electoral college foi the Raid group of States m tbnt section there \:eie substituted a refcience to the bodies so cheated foi those St ates, ind
(f) if am ucb both iu nfoiesaid is ho cieatfd foi the S'uitp of ("'ooi'R then on tht constitution of such bodv section 271 RIIH.II, in its application to that State ha\e effect as if foi any reference 296 THE GAZETTE OP INDIA EXTRAOEDINAEY [PAET I I to the Coorg Legislative Council in that section there were substituted n lefeienro to tho body BO created i'or such State."
9. Amendment ol section 28, Act XLIII of 1950.—In clause (b) of sub-'-cction (9) of seel ion 28 of the Raid Act, the words "in the constituencies to which they relate" shall be omitted.
10. Addition of new Filth Schedule to Act XLIII of I960.—After the Fourth Schedule to the said Act, the following Schedule shall be addod, runnel} ; — "THE FIFTH SCHEDULE [See sections 27A («), 27B, 27C (a), 27TC(Z), 27F(7) and 27K(a)J Numbei of members of Electoral Golleaes N a m e o f S t a t e I .
2.
3.
4,
5.
6.
7.
1 A j m e r . . . .
B h o p a l . . . .
B i l t i f l p u r a n d H i m a o h a l 1 ' r n d e a h K u t o h . . . .
M a n i p u r . . . .
T r i p u r a . . . .
V i n d h y a P r a d e s h N u m b e r o f m e m b e r s 2 30 30 42 80 30 80 00"
11. Repeal ol Ordinance XXIX ol I960.—(2) The Representation of th,e 1'eoplo (Amendment) Ordinance, 1950 (XXIX of 1950), is hereby repealed.
(2) Notwithstanding buch repeal, anything done or any action taken in exercise of any power conferred by or under the said Act aa amended.
by the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under the said Act as amended by this Act an it this Act were in force on the day on which 8uoh thing was done or such action was taken.
K V. K. SUNDARAM, Secy, to the Oovt. of India.
PKINTED IN INDIA BY THE MANAGER GOVT, OF INDIA PEKSS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS DELHI 1050