S.1 Short title

This Act may be called the Delimitation Act,2002.

S.2 Definitions

       In this Act, unless the context otherwise requires,--
       (a) "article" means an article of the Constitution;
       (b) "associate member" means a member nominatedunder section 5;
       (c) "Commission" meansthe Delimitation Commission constituted under section 3;
       (d) "Election Commission" means the Election Commission referred to inarticle 324;
       (e) "member" means a member of the Commission and includes the Chairperson; and
       (f) "State" includes a Unionterritory having a Legislative Assembly but does not include the State of Jammuand Kashmir.

S.3 Constitution of Delimitation Commission

       As soon as may be after the commencement of this Act, the Central Government shall constitute a Commission to be called the Delimitation Commission which shall consist of three members as follows:--
       (a) one member, who shall be a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government who shall be the Chairperson of the Commission;
       (b) the Chief Election Commissioner or an Election Commissioner nominated by the Chief Election Commissioner, ex offido:
       Provided that after the nomination of an Election Commissioner as a member under this clause, no further nomination under this clause shall be made except to fill the casual vacancy of such member under section 6;and
       (c) the State Election Commissioner of concer

S.4 Duties of the Commission

       (1) The readjustment made, on the basis of the census figures as ascertained at me census held in the year1971 by the Delimitation Commission constituted under section 3 of the Delimitation Act, 1972 (76 of 1972),of the allocation of seats in the House of the People to the several States and the total number of seats in the Legislative Assembly of each State snail be deemed to be the readjustment made by the Commission for the purposes of this Act.
       (2) Subject to the provisions of sub-section(1) and any other law for the time being in force, the Commission shall readjust the division of each State into territorial constituencies for the purpose of elections to the House of the People and to the State Legislative Assembly on the basis of the census figures as ascertained at the census held in the year 1 [2001]:
       Provided that whereon such

S.5 Associate members

       (1) The Commission shall associate with itself for the purpose of assisting it in its duties in respect of each State, ten persons five of whom shall be members of the House of the People representing that State and five shall be members of the Legislative Assembly of that State:
       Provided that where the number of members of the House of the People representing any State is five or less, then, all such members shall be the associate members for that State and in the latter case the total number of associate members shall be less than ten by such number as by which the total number of members of the House of the People representing that State is less than five.
       (2) The persons to be so associated from each State shall be nominated, in the case of the members of the House of the People, by the Speaker of that House, and in the case of membe

S.6 Casual vacancies

If the office of the Chairperson or of a member or of an associate member falls vacant owing to his death or resignation, it shall be filled as soon as may be practicable by the Central Government or the Speaker concerned under and in accordance with the provisions of section 3 of, as the case may be, of section 5.

S.7 Procedure and powers of the Commission

       (1) The Commission shall determine its own procedure and shall, in the performance of its functions, have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908),while trying a suit, in respect of the following matters, namely:--
       (a) summoning and enforcing the attendance of witnesses;
       (b) requiring the production of any document; and
       (c) requisitioning any public record from any court or office.
       (2) The Commission shall have power to require any person to furnish any information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission.
       (3) The Commission may authorise any of its mem

S.8 Readjustment of number of seats

       The Commission shall, having regard to the provisions of articles 81, 170, 330 and 332, and also, in relation to the Union territories, except National Capital Territory of Delhi, sections 3 and 39 of the Government of Union Territories Act, 1963 (20 of 1963) and in relation to the National Capital Territory of Delhi sub-clause (b) of clause (2) of article 239AA, by order, determine,--
       (a) on the basis of the census figures as ascertained at the census held in the year 1971 and subject to the provisions of section4, the number of seats in the House of the People to be allocated to each State and determine on the basis of the census figures as ascertained at the census held in the year 1 [2001] the number of seats, if any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State; and
       (b) on the basis of the census

S.9 Delimitation of constituencies

       (1) The Commission shall, in the manner herein provided, then, distribute the seats in the House of the People allocated to each State and the seats assigned to the Legislative Assembly of each State as readjusted on the basis of 1971 census to single-member territorial constituencies and delimit them on the basis of the census figures as ascertained, at the census held in the year 1 [2001], having regard to the provisions of the Constitution, the provisions of the Act specified in section 8 and the following provisions, namely:--
       (a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting the mregard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience;
       (b) every assembly constituency shall be so delimited as to fall

S.10 Publication of orders and their date of operation

       (1) The Commission shall cause each of its orders made under section 8 or section 9 to be published in the Gazette of India and in the Official Gazettes of the States concerned and simultaneously cause such orders to be published at least in two vernacular newspapers and publicize on radio, television and other possible media available to the public and after such publication in the Official Gazettes of the States concerned, every District Election Officer shall cause to be affixed, the Gazette version of such orders relating to the area under his jurisdiction, on a conspicuous part of his office for public notice.
       (2) Upon publication in the Gazette of India, every such order shall have the force of law and shall not be called in question in any court.
       (3) As soon as may be after such publication, every such order shall be laid before t

S.11 Power to maintain delimitation orders up-to-date

       (1) The Election Commission may, from time to time, by notification in the Gazette of India and in the Official Gazette of the State concerned,--
       (a) correct any printing mistake in any of the orders made by the Commission under section9 or any error arising therein from an inadvertent slip or omission; and
       (b) where the boundaries or name of any district or any territorial division mentioned in any of the said orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the orders up-to-date, so, however, that the boundaries or areas or extent of any constituency shall not be changed by any such notification.
       (2) Every notification under this section shall be laid, as soon as may be after it is issued, before the House of the People andthe Legislati

S.12 Repeal

The Delimitation Act,1972 is hereby repealed.