#THE SCHEDULED CASTES AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT, 1976 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 
1. Short title and Commencement. 
2. Definitions. 
3. [Repealed.]. 
4. [Repealed.]. 
5. Determination of population of Scheduled Castes and Scheduled Tribes. 
6. Re-adjustment of constituencies by the Election Commission. 
7. Procedure and powers of the Commission. 
8. Publication of amendments and their dates of operation. 
9. Certain other powers of Election Commission. 
10. Validation of acts done previous to the commencement of the Act. 
*The First Schedule [Repealed.].*
*The Second Schedule. [Repealed.].*



#THE SCHEDULED CASTES AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT, 1976 

##ACT NO. 108 OF 1976 

[18th September, 1976.] 

An Act to provide for the inclusion in, and the exclusion from, the lists of Scheduled Castes and 
  Scheduled  Tribes,  of  certain  castes  and  tribes,  for  the  re-adjustment  of  representation  of 
  parliamentary and assembly constituencies in so far as such re-adjustment is necessitated by 
  such inclusion of exclusion and for matters connected therewith. 

  BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— 

1. **Short title and Commencement.**—(1) This Act may be called the Scheduled Castes and 
Scheduled Tribes Orders (Amendment) Act, 1976. 

(2) It  shall  come  into  force  on  such  date as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

  (a) “census  authority”  means  the  Registrar  General  and  ex  officio  Census  Commissioner  for 
India; 

  (b) “Commission” means the Election Commission appointed by the President under article 324 
of the Constitution; 

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

  (d) “last census” means the census held in India in 1971; 

  (e) “Scheduled Castes Order” means the Constitution (Scheduled Castes) Order, 1950, made by 
the President under article 341 of the Constitution; 

  (f) “Scheduled  Tribes  Orders”  means  the  Constitution  (Scheduled  Tribes)  Order,  1950  and  the 
Constitution (Andaman  and  Nicobar  Islands)  Scheduled Tribes  Order,  1959,  made  by the  President 
under article 342 of the Constitution; 

  (g) “State”  means  a  State  included  in  the  Scheduled  Castes  Order  and  the  Scheduled  Tribes 
Orders, and includes the Union territory of the Andaman and Nicobar Islands. 

3. *[Amendment  of  Scheduled  Castes  Order.]  Rep.  by the  Repealing  and  Amending 
Act,* 1988 (19 of 1988), s. 2 *and the First Schedule (w.e.f.* 31-3-1988). 

4. *[Amendment  of  Scheduled  Tribes  Orders.]  Rep.  by  s.  2  and  the  First  Schedule,  ibid. 
(w.e.f.* 31-3-1988). 

5. **Determination of population of Scheduled Castes and Scheduled Tribes.**—(1) As soon as may 
be after the commencement of this Act, the population as at the last census of the Scheduled Castes or, as 
the case may be, of the Scheduled Tribes, in each State shall be ascertained or estimated by the census 
authority. 

(2) Where by reason of the amendments made by section 3 or section 4— 

  (a) any  locality  in  a  State  specified  in  relation  to  any  caste  or  tribe  in  any  of  the  parts  of  the 
Schedules  to  the  Orders  referred  to  in  the  said  sections  is  varied  so  as  to  specify  a  larger  area  in 
relation to such caste or tribe, the census authority shall take into account the population figures of the 
caste  or  tribe  as  ascertained  in  the  last  census  and  in  any  previous  census  wherein  the  population 
figures of the caste or tribe in respect of the increased area had been ascertained and determine the 
population  of  that  caste  or  tribe  as  on  the  1st  day  of  April,  1971  by  increasing  or  decreasing  such 
figures  by  the  proportion  in  which  the  general  population  of  the  State  or,  as  the  case  may  be,  the 
division, district, taluk, tahsil, police station, development block or other territorial division in relation 
to which such caste or tribe has been specified by the said amendments has increased or decreased 
between the previous census aforesaid and the last census; 

  (b) any  caste  or  tribe  which  is  deemed  to  be  both  a  Scheduled  Caste  and  Scheduled  Tribe  in 
relation to a  State  or  part thereof is  varied so as to  specify  such caste or tribe only  as  a  Scheduled 
Caste or Scheduled Tribe in relation to that State or part, the census authority shall take into account 
the population figures of such Scheduled Caste and Scheduled Tribe as ascertained in the last census: 

  Provided  that  it  shall  not  be  necessary  for  the  census  authority  to  determine  the  population  of  any 
Scheduled Caste or Tribe as on the 1st day of April, 1971, if the population of that caste or tribe was not 
ascertained at the last census and in any of the previous censuses and is, in the opinion of that authority, 
numerically small. 

*Explanation.*—Where  the  population  figures  of  any  caste  or  tribe  in  respect  of  any  increased  area 
referred to in clause (a) had been ascertained in more than one previous census, the census authority shall 
take  into  account,  for  the  purposes  of  that  clause,  the  population  figures  of  such  caste  or  tribe  as 
ascertained in the previous census which is nearest in point of time to the last census. 

(3) The  population  figures  ascertained  or  determined  under  sub-section  (2)  shall  be  notified  by  the 
census authority in the Gazette of India. 

(4) The  population  figures  so  notified  shall  be  taken  to  be  the  relevant  population  figures  as 
ascertained  at  the  last  census  and  shall  supersede  any  figures  previously  published;  and  the  figures  so 
notified shall be final and shall not be called in question in any court. 

6. **Re-adjustment of constituencies by the Election Commission.**—(1) After the population figures 
have  been  notified  for  any  State under section 5, it shall be the duty of the Commission to make such 
amendments  as  may  be  necessary  in  the  Delimitation  of  Parliamentary  and  Assembly  Constituencies 
Order, 1976, (without altering the extent of any constituency as given in such Order) having regard to the 
provisions of articles 81, 170, 330 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 Castes or, as the case may be, 
to  the  Scheduled  Tribes  of  that  State  on  the  basis  of  the  number  of  reserved  seats  as  specified  in  that 
Order  as  hereunder  amended  by  the  Commission,  and  the  First  Schedule  and  Second  Schedule  to  the 
Representation of the People Act, 1950 (43 of 1950) shall be deemed to have been amended accordingly. 

(2) In  making  any  amendments  under  sub-section  (1),  the  Commission  shall,  as  far  as  may  be 
necessary,  have  regard  to  the provisions of clauses (c) and (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 concerned 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 

  (d) thereafter make the necessary amendments in the order. 

7. **Procedure and powers of the Commission.**—(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  (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 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 345 and 346 of 
the Code of Criminal Procedure, 1973 (2 of 1974). 

*Explanation.*—For  the  purpose  of  enforcing  the  attendance  of  witnesses,  the  local  limits  of  the 
jurisdiction of the Commission shall be the limits of the territory of India. 

8. **Publication of amendments and their dates of operation.**—(1) The Commission shall cause the 
amendments made by it in the Delimitation of Parliamentary and Assembly Constituencies Order, 1976 to 
be published in the Gazette of India and in the Official Gazettes of the States concerned. 

(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 Assemblies of the States concerned. 

(4) Subject to the provisions of sub-section (5), the readjustment of representation of any territorial 
constituencies in the House of the People or in the Legislative Assembly of a State necessitated by any 
amendments made by the Commission in the Delimitation of Parliamentary and Assembly Constituencies 
Order, 1976 and provided for in that Order as so amended shall apply in relation to every election to the 
House  or,  as the  case  may  be,  to the  Assembly,  hereafter the  publication  in the  Gazette  of  India  under 
sub-section  (1)  of  such  amendments  and  shall  so  apply  in  supersession  of  the  provisions  relating  to 
representation contained in the Representation of the People Act, 1950 (43 of 1950). 

(5) Nothing contained in the foregoing sub-sections shall affect the representation in the House of the 
People  or  in  the  Legislative  Assembly  of  a  State,  existing  on  the  date  of  publication  in  the  Gazette  of 
India under sub-section (1) of the amendments made by the Commission under this Act. 

9. **Certain other powers of Election Commission.**—(1) The 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  the  Delimitation  of  Parliamentary  and  Assembly 
Constituencies  Order,  1976  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 concerned. 

10. **Validation of acts done previous to the commencement of the Act.**—All things done, and all 
steps taken,  before  the  commencement  of  this  Act  by  the  census  authority  for  the  determination  of 
population of Scheduled Castes and Scheduled Tribes, or by the Commission for the purpose of 
re-adjustment of constituencies shall, in so far as they are in conformity with the provisions of this Act, be 
deemed to have been done or taken under these provisions as if such provisions were in force at the time 
such things were done or such steps were taken. 

  *[The First Schedule.] Rep. by the Repealing and Amending Act, 1988 (19 of 1988), s. 2 and the First 
Schedule (w.e.f.* 31-3-1988).

  *[The Second Schedule.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f.* 31-3-1988).