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Core Purpose

This Act provides for the readjustment of representation for Scheduled Tribes in Assembly Constituencies of the State of Goa to enable reservation of seats in accordance with article 332 of the Constitution.

Detailed Summary

The Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025 (No. 21 of 2025), assented to by the President on August 13, 2025, provides for the reservation of seats and readjustment of representation for Scheduled Tribes (STs) in the Legislative Assembly of Goa. This is mandated by article 332 of the Constitution and necessitated by the inclusion of certain communities in the ST list for Goa. The Act defines "last census" as the 2001 census and references the Census Act, 1948 (37 of 1948), Delimitation Act, 2002 (33 of 2002), Representation of the People Act, 1950 (43 of 1950), and the Constitution (Scheduled Tribes) Orders of 1950 (C. O. 19) and 1951 (C. O. 32). Upon commencement, the Census Commissioner will ascertain or estimate the ST population in Goa, as per the last census and subsequent amendments to ST Orders, and notify these final figures in the Gazette of India. Subsequently, the Election Commission, referred to under article 324 of the Constitution, will amend the Delimitation of Parliamentary and Assembly Constituencies Order, 2008, considering articles 170 and 332, and section 8 of the Delimitation Act, 2002, to ensure proper ST representation, thereby amending the Second Schedule to the Representation of the People Act, 1950. The Commission must publish proposals, invite objections, hold public sittings, and then publish final amendments in the Gazette of India and the Official Gazette of the State, which will have the force of law. These amendments, affecting future elections, will supersede the Representation of the People Act, 1950, but will not impact the existing Legislative Assembly until its dissolution. The Election Commission is granted powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908), and is deemed a civil court for sections 384 and 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023). The Central Government may issue orders to remove difficulties within two years of the Act's commencement.

Full Text

REGISTERED NO. DL-(N)04/0007/2003-25 The Gazette of India CG-DL-E-13082025-265409 EXTRAORDINARY PART II — Section 1 PUBLISHED BY AUTHORITY No. 26] NEW DELHI, WEDNESDAY, AUGUST 13, 2025/SHRAVANA 22, 1947 (Saka) Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 13th August, 2025/Shravana 22, 1947 (Saka) The following Act of Parliament received the assent of the President on the 13th August, 2025 and is hereby published for general information:- THE READJUSTMENT OF REPRESENTATION OF SCHEDULED TRIBES IN ASSEMBLY CONSTITUENCIES OF THE STATE OF GOA ACT, 2025 No. 21 OF 2025 [13th August, 2025.] An Act for enabling reservation of seats in accordance with article 332 of the Constitution for effective democratic participation of members of Scheduled Tribes and to provide for the readjustment of seats in the Legislative Assembly of the State of Goa, in so far as such readjust- ment is necessitated by inclusion of certain communities in the list of the Scheduled ribes in the State of Goa and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:- 1. (1) This Act may be called the Readjustment of Representation of Scheduled Tribes in Assembly Constituencies of the State of Goa Act, 2025. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— (a) "Census Commissioner" means the Census Commissioner appointed under sub-section (1) of section 4 of the Census Act, 1948; Short title and commencement. Definitions. 37 of 1948. (b) "Commission" means the Election Commission referred to in article 324 of the Constitution; (c) "Delimitation Act” means the Delimitation Act, 2002; (d) "Delimitation Order" means the Delimitation of Parliamentary and Assembly Constituencies Order, 2008; (e) "last census" means the census held in India in 2001; (f) "Scheduled Tribes Orders" means the Constitution (Scheduled Tribes) Order, 1950, and the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, as amended from time to time, made by the President under article 342 of the Constitution; (g) “State” means the State of Goa. 3. (1) As soon as may be after the commencement of this Act, the population as at the last census of the Scheduled Tribes in the State shall be ascertained or estimated by the Census Commissioner. (2) Where by reason of the amendments made in the Scheduled Tribes Orders after the last census and up to the date of commencement of this Act, the population of the Scheduled Tribes as at the last census is varied in the State, the Census Commissioner shall ascertain or estimate as on the date of such commencement, the population of the Scheduled Tribes so varied, and also ascertain or estimate the proportion of such population of the Scheduled Tribes to the total population of the State. (3) The population figures ascertained or estimated under sub-section (2) shall be notified by the Census Commissioner in the Gazette of India. (4) The population figures so notified shall be taken to be the relevant population figures and shall replace any figures previously published as ascertained or estimated at the last census; and the figures so notified shall be final and shall not be called in question in any court. 4. (1) After the population figures have been notified for the State under section 3, the Commission shall make such amendments as may be necessary in the Delimitation Order, having regard to the provisions of articles 170 and 332 of the Constitution, of section 8 of the Delimitation Act, and of this Act, for the purpose of giving proper representation to the Scheduled Tribes of the State, and the Second Schedule to the Representation of the People Act, 1950 shall be deemed to have been amended accordingly. (2) In making any amendments in the Delimitation Order under sub-section (1), the Commission shall, as far as may be necessary, have regard to the provisions of clause (d) of sub-section (1) of section 9 of the Delimitation Act. (3) The Commission shall- (a) publish its proposals for the amendments in the Gazette of India and the Official Gazette of the State and also in such other manner as it thinks fit; (b) specify a date on or after which such 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 such consideration hold one or more public sittings at such place or places in the State as it thinks fit; and (d) thereafter make necessary amendments in the Delimitation Order. 33 of 2002. С. О. 19. C. O. 32. Estimation of population of Scheduled Tribes. Readjustment of seats by Commission. 43 of 1950. 5. (1) In the discharge of its functions under this Act, the Commission shall determine its own procedure and shall have all the powers of a civil court under the Code of Civil Procedure, 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 the 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 shall be deemed to be a civil court for the purposes of sections 384 and 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (4) For the purposes of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Commission shall be the limits of the territory of India. 6. (1) The Commission shall cause the amendments made by it in the Delimitation Order to be published in the Gazette of India and in the Official Gazette of the State. (2) Upon publication in the Gazette of India, every such amendment 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 in the Gazette of India, every such amendment shall be laid before the House of the People and the Legislative Assembly of the State. (4) Subject to any law that may govern readjustment and subject to the provisions of sub-section (5), the readjustment of seats in the Legislative Assembly of the State necessitated by any amendments made by the Commission in the Delimitation Order and provided for in that Order as so amended shall apply in relation to every election to the Assembly, held after the publication of such amendments in the Gazette of India and shall so apply in supersession of the provisions relating to representation as provided in the Representation of the People Act, 1950. (5) Nothing in the foregoing sub-sections shall affect the representation in the Legislative Assembly of the State until the dissolution of the Assembly, existing on the date of publication in the Gazette of India of the amendments in the Delimitation Order made by the Commission. 7. (1) The Commission may, from time to time, by notification in the Gazette of India and in the Official Gazette of the State,- (a) correct any printing mistake in the Delimitation Order as amended under this Act, or any error occurring therein from any inadvertent slip or omission; and (b) where the boundaries or the name of any district or any territorial division mentioned in the said Order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the Order up-to-date. (2) Every notification under this section shall be laid, as soon as may be after it is issued, before the House of the People and the Legislative Assembly of the State. Procedure and powers of Commission. 5 of 1908. 46 of 2023. Publication of amendments and their dates of operation. 43 of 1950. Certain other powers of Commission. 8. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament. NEW DELHI; August 13, 2025 Shravana 22, 1947 (Saka) DR. RAJIV MANI, Secretary to the Govt. of India. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054. MGIPMRND—158GI (S4)—13-08-2025. KSHITIZ Digitally signed by KSHITIZ MOHAN Date: 2025.08.13 MOHAN 22:36:18 +05'30'

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