Section 43D — Special provision for determination of constituencies in the Legislative Assembly of Goa, Daman and Diu for Scheduled Castes and Scheduled Tribes.

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[43D. Special provision for determination of constituencies in the Legislative Assembly of Goa, 

Daman and Diu for Scheduled Castes and Scheduled Tribes.―(1) The Election Commission shall 

determine on the basis of the latest census figures— 

(i) the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes in 

the Legislative Assembly of the Union territory of Goa, Daman and Diu (hereafter in this section 

referred to as the Legislative Assembly) having regard to the provisions of sub-section (5) of section 

3; and  

(ii) the constituencies in which those seats shall be so reserved having regard to the provisions of 

clause (c), or, as the case may be, clause (d), of sub-section (1) of section 9 of the Delimitation Act 

and without altering the extent of any constituency as delimited by the Delimitation Commission.  

(2) The Election Commission shall— 

(a) publish its proposals for the determination of the constituencies in which seats shall be 

reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Gazette of 

India and in the Official Gazette of the Union territory of Goa, Daman and Diu and also in such other 

manner as the Election Commission may consider fit, together with a notice inviting objections and 

suggestions in relation to the proposals and specifying a date on or after which the proposals will be 

further considered by it;  

(b) consider all objections and suggestions which may have been received by it before the date so 

specified;  

(c) after consideration of objections and suggestions which may have been received by it before 

the date so specified, determine by one or more orders the number of seats to be reserved for the 

Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Legislative Assembly and 

the constituencies in which those seats shall be so reserved and cause such order or orders to be 

published in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and 

Diu; and upon such publication in the Gazette of India, the order or orders shall have the full force of 

law and shall not be called in question in any court and the Second Schedule to the Representation of 

the People Act, 1950 (43 of 1950) and the order made by the Delimitation Commission under section 

9 of the Delimitation Act in relation to the Legislative Assembly shall be deemed to have been 

amended accordingly.  

(3) Subject to the provisions of sub-section (4), the re-adjustment of representation of any territorial 

constituencies in the Legislative Assembly necessitated by any order made by the Election Commission 

under this section, shall apply in relation to every election to the Legislative Assembly held after the 

publication in the Gazette of India, under sub-section (2), of such order.  

(4) Nothing contained in the foregoing sub-sections shall affect the representation in the Legislative 

Assembly existing on the date of publication in the Gazette of India, under sub-section (2), of any order 

made by the Election Commission.  

                                                           
1. Ins. by Act 86 of 1976, s. 3 (w.e.f. 30-9-1976).   



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(5) The Election Commission may, from time to time, by notification in the Gazette of India and in 

the Official Gazette of the Union territory of Goa, Daman and Diu— 

(a) correct any printing mistake in any order made under sub-section (2) or any error arising 

therein from inadvertent slip or omission;  

(b) where the boundaries or name of any territorial division mentioned in any such order are, or 

is, altered, make such amendments as appear to it to be necessary or expedient for bringing such order 

up-to-date.  

(6) Every order made under sub-section (2) and every notification issued under sub-section (5) shall 

be laid, as soon as may be, after it is made or issued before the Legislative Assembly.  

Explanation.―In this section,―  

(a) “Delimitation Act” means the Delimitation Act, 1972 (76 of 1972);  

(b) “Delimitation Commission” means the Delimitation Commission constituted under section 3 

of the Delimitation Act.]