[Repealed] Schedule V - Fifth Schedule in Government of India Act, 1935 [Repealed]
Fifth Schedule.
FIFTH SCHEDULE1
(Section 61)
COMPOSITION OF PROVINCIAL LEGISLATURES.
General qualification for Membership
1. A person shall not be qualified to be chosen to fill a seat in a Provincial Legislature unless he--
(a) is a British subject or the Ruler or a subject of an Indian State which has acceded to the Federation or, if it is so prescribed with respect to any Province the Ruler or a subject of any prescribed Indian State; and
(b) is, in the case of a seat in a Legislative Assembly, not less than twenty-five years of age, and in the case of a seat in a Legislative Council, not less than thirty years of are; and
(c) possesses such, if any of the other qualifications specified in, or prescribed under, this Schedule as may be appropriate in his case.
2. Upon the expiration of the term for which he is chosen to serve as a member of a Provincial Legislature, a person, if otherwise duly qualified, shall be eligible to be chosen to serve for a further term.
Legislative Assemblies
3. The allocation of seats in Provincial Legislative Assemblies shall be as shown in the relevant Table of Seats appended to this Schedule.
4. In the Legislative Assembly of each Province specified in the first column of the Table of Seats there shall be the number of seats specified in the second column opposite to that Province, and of these seats--
(i) the number specified in the third column shall be general seats, of which the number specified in the fourth column shall be reserved for members of the scheduled castes and, in the case of bombay, seven shall be reserved for Marathas;
(ii) the numbers specified in the next ten columns shall be the numbers of seats to be filled by persons chosen to represent respectively--(a) backward areas and backward tribes; (b) the Sikh community; (c) the Muhammadan community, (d) the Anglo-Indian community; (e) the European community, (f) the Indian Christian community; (g) the interests of commerce, industry, mining and planting; (k) landholders; (i) universities; and (j) the interests of labour; and
(iii) the numbers specified in the last five columns shall be the members of seats (being either generaf seats, Sikh seats, Muhammadan seats, Anglo-Indian seats or Indian Christian seats) reserved for women.
In the Punjab one of the landholders' seats shall be a seat to be filled by a a Tumandar.
5. A Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency or in any constituency of any particular class, shall be divided into territorial constituencies-
(i) for the election of persons to fill the general scats;
(ii) for the election of persons to fill the Sikh seats, if any;
(iii) for the election of persons to fill the Muhammadan seats;
(iv) for the election of persons to fill the Anglo-Indian seals, if any; and
(v) for the election ol persons to fill the European seats, if any; and
(vi) except in the case of Bihar, for the election of persons to fill the Indian Christian seats, if any, or, if as respects any class of constituency it is so prescribed, may form one territorial constituency.
In the case of each class of constituency as aforesaid the total number of stats available shall be distributed between the constituencies by the assignment of one or more of those seats to each constituency.
6. The required number of general seats to be reserved for members of the schedule castes, and in the Province of Bombay for Marathas, shall be reserved by reserving for members of those castes or, as the case may be, for Marathas one or more seats in each of so many of the general territorial constituencies as may be necessary, so, however, that in each such constituency there shall be at least one unreserved seat.
7. In a province in which any general seats are reserved for members of the scheduled castes, all members of those castes, who are entitled to vote in a constituency in which any seat is so reserved shall be entitled to take part in a primary election held for the purpose of electing four candidates for each seat so reserved and no member of those castes not elected as a candidate at such an election shall be qualified to hold--
(a) a seat so reserved in that constituency;
(b) if it is so prescribed as respects that Province, any scat in that constituency. In relation to bye-elections this paragraph shall have effect with such adaptations and modifications as may be prescribed.
8. The persons to fill the seats specified in columns fifteen to nineteen of the Table of Seats as seats to be filled by women shall be chosen in territorial consistencies, which shall be either:--
(a) constituencies formed under paragraph five of this Schedule; or
(b) constituencies specially formed for the purpose of electing, women members.
9. The provisions of the Sixth Schedule to this Act shall have effect with respect to the persons who are entitled to vote at elections in the territorial constituencies mentioned in paragraphs five and eight of this Schedule.
10. In a Province in which any seats are to be filled by representatives of backward areas or backward tribes, representatives of commerce, industry, mining and planting,representatives of landholders, representatives of universities or representatives of labour, persons to fill those seats, and in Bihar the person to fill the Indian Christian seat, shall be chosen in such manner as may be prescribed:
Provided that in a Province in which any seats are to be filled by representatives of backward areas or backward tribes some or all of those seats may, if it is so prescribed, be treated in the prescribed manner as additional general seats to be reserved for representatives of such areas or tribes.
11. In the Punjab the landholder's seat to be filled by a Tumandar shall be assigned to such constituency as may be prescribed.
12. A person2[shall not be qualified to be chosen to fill a seat] in the Legislatives Assembly of a Province unless
(a) in the case of a seat to be filled by a woman, by a European, by an Indian Christian, by a representative of backward areas or backward tribes, by a representative of commerce, industry, mining and planting, by a representative of univer- sides or by a representative of labour, he possesses such qualifications as may be prescribed; and
(b) in the case of any other seat, he is entitled to vote in the choice of a member to fill that seat or any other seat of a similar class in that Province.
Legislative Councils
13. The allocation of seats in the Legislative Councils of Provinces having such Councils shall be as shown in the relevant Table on Seats appended to this Schedule.
14. In the Legislative Council of each Province specified in the first column of the Table of Seats there shall be the number of seats specified in the second column opposite to that Province, and of those seats--
(a) the number specified in the third column shall be general seats;
(b) the number specified in the fourth, fifth and sixth columns shall be seats to be filled by persons chosen to represent respectively the Muhammadan community, the European community and the Indian Christian community;
(c) the number specified in the seventh column shall be seats to be filled by persons elected by the members of the Legislative Assembly of the Province in accordance with the system of proportional representation by means of the single transferable vote; and
(d) the number specified in the eighth column shall be seats to be filled by persons chosen by the Governor in his discretion.
15. A Province, exclusive of any portion thereof which His Majesty in Council may deem unsuitable for inclusion in any constituency or in any constituency of any particular class, shall be divided into territorial constituencies-
(i) for the purpose of electing persons to fill the general seats;
(ii) for the purpose of electing persons to till the Muhammadan seats;
(iii) for the purpose of electing persons to fill the European seats;
(iv) for the purpose of electing persons to fill the Indian Christian seats, if any, or if as respects any class of constituency it is so prescribed, may form one territorial constituency.
In the case of each such class of constituency as aforesaid the total number of seats available shall be distributed between the constituencies by the assignment of one or more of those to each constituency.
16. At an election in a constituency to fill a general seat, persons entitled to vote in a Muhammadan constituency, a European constituency, or an Indian Christian constituency shall not be entitled to vote.
In the case of a Muhammadan constituency, a European constituency, or an Indian Christian constituency no person shall be entitled to vote who is not, as the case may be, a Muhammadan, a European, or an Indian Christian.
17. The qualification entitling a person to vole in territorial constituencies at elections of members of a Provincial Legislative Council, and the qualifications to be possessed by members of such Councils, shall be such as may be prescribed.
18. The term of office of a member of the Legislative Council of a Province, other than a member chosen to fill a casual vacancy, shall be nine years, but upon the first constitution of the Council the Governor in his discretion shall make by order such provisions as he thinks fit, by curtailing the term of office of some of the members then chosen, for securing that, as nearly as may be, one-third of the members holding seats of each class shall retire in every third year thereafter.
A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.
General
19. In the foregoing provisions of the Schedule the following expressions have the meanings hereby assigned to them, that is to say,--
"a European," "an Anglo-Indian," an Indian Christian" and ' the scheduled caste" have the same meanings respectively as they have in Part I of the First Schedule to this Act;
"backward areas" and ''backward tribes" mean respectively such areas and tribes as His Majesty in Council may from time to time declare to be areas and tribes to which a special system of representation is more appropriate; and "prescribed" means prescribed by His Majesty in Council or, so far as regards any matter which under this Act the Provincial Legislature or the Governor are competent to regulate, prescribed by an Act of that Legislature or by a rule made under the next succeeding paragraph.
20. In so far as provisions with respect to any matter is not made by this Act orby His Majesty in Council or, after the constitution of the Provincial Legislature, by Act of Legislature (where the matter is one with respect to which that Legislature is competent to make laws), the Governor, exercising his individual judgment, may make rules for carrying into effect the foregoing provisions of this Schedule and the provisions of the Sixth Schedule and securing the due constitution of the Provincial Legislature and in particular, but without prejudice to the generality of the foregoing words, with respect to--
(i) the notification of vacancies, including casual vacancies, and the proceedings to be taken for filling vacancies;
(ii) the nomination of candidates;
(iii) the conduct of elections, including the application to elections of the principle of proportional representation by means of the single transferable vote and the rules to regulate elections where certain of the seats to be filled are reserved for members of the scheduled classes, or in the case of Bombay for Marathas, or where certain of the seats allotted to any community must be held by a woman or by a specified type of landholder;
(iv) the expenses of candidates at elections;
(v) corrupt practices and other offences at or in connection with elections;
(vi) the decision of doubts and disputes arising out of or in connection with elections; and
(vii) the manner in which the rules are to be carried into effect.
TABLE OF SEATS
Provincial Legislative Assemblies.
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Province. | Total Seats. | General Seats | Seats for representatives of backward areas and tribes. | Sikh Seats | Muhammadan Seats. | Anglo-Indian Seats. | European Seats. | |
| Total of General Seats. | General Seats reserved for Scheduled Castes. | |||||||
| Madras | 215 | 146 | 30 | 1 | 28 | 2 | 3 | |
| Bombay | 175 | 114 | 15 | 1 | 29 | 2 | 3 | |
| Bengal | 250 | 78 | 30 | -- | -- | 117 | 3 | 11 |
| United Provinces | 228 | 140 | 20 | -- | -- | 64 | 1 | 2 |
| Punjab | 175 | 42 | 8 | -- | 31 | 84 | 1 | 1 |
| Bihar | 152 | 86 | 15 | 7 | -- | 39 | 1 | 2 |
| Central Provinces and Berar | 112 | 64 | 20 | 1 | -- | 14 | 1 | 1 |
| Assam | 108 | 47 | 7 | 9 | -- | 34 | -- | 1 |
| North-West Frontier Province | 50 | 9 | -- | -- | 3 | 36 | -- | -- |
| Orissa | 60 | 44 | 6 | 5 | -- | 4 | -- | -- |
| Sind | 60 | 18 | -- | -- | -- | 33 | -- | 2 |
| 1 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| Province. | Indian Christian Seats. | Seats for represent-atives of Commerce, Industry, mining, and planting. | Landholders' Seats. | University Seats. | Seats for represent-atives of labour. | Seats for Women. | ||||
| General. | Sikh. | Muhammadan. | Anglo-Indian. | Indian Christian. | ||||||
| Madras | 8 | 6 | 6 | 1 | 6 | 6 | -- | 1 | -- | 1 |
| Bombay | 3 | 7 | 2 | 1 | 7 | 5 | -- | 1 | -- | -- |
| Bengal | 2 | 19 | 5 | 2 | 8 | 2 | -- | 2 | 1 | -- |
| United Provinces | 2 | 3 | 6 | 1 | 3 | 4 | -- | 2 | -- | -- |
| Punjab | 2 | 1 | 5 | 1 | 3 | 1 | 1 | 2 | -- | -- |
| Bihar | 1 | 4 | 4 | 1 | 3 | 3 | -- | 1 | -- | -- |
| Central Provinces and Berar | -- | 2 | 3 | 1 | 2 | 3 | -- | -- | --__ | -- |
| Assam | 1 | 11 | -- | -- | 4 | 1 | -- | -- | -- | -- |
| North-West Frontier Province | -- | -- | 2 | -- | -- | -- | -- | -- | -- | -- |
| Orissa | 1 | 1 | 2 | -- | 1 | 2 | -- | -- | -- | -- |
| Sind | -- | 2 | 2 | -- | 1 | 1 | -- | -- | -- | -- |
In Bombay seven of the general seats shall be reserved for Marathas. In the Punjab one of the Landholders' seats shall be a seat to be filled by a Tumandar. In Assam and Orissa the seats reserved for women shall be non-communal seats.
TABLE OF SEATS
Provincial Legislative Councils
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Province. | Total of Seats. | General Seats. | Muhammadan Seats. | European Seats. | Indian Christian Seats. | Seats to be filled by Legislative Assembly. | Seats to be filled by Governor. |
| Madras | Not less than 54 | 35 | 7 | 1 | 3 | -- | Not less than 8. |
|
| Not more than 56 |
|
|
|
|
| Not more than 10. |
| Bombay | Not less than 29 | 20 | 5 | 1 | -- | -- | Not less than 3. |
|
| Not more than 30 |
|
|
|
|
| Not more than 4. |
| Bengal | Not less than 63 | 10 | 17 | 3 | -- | 27 | Not less than 6. |
|
| Not more than 65 |
|
|
|
|
| Not more than 8. |
| United Provinces | Not less than 58 | 34 | 17 | 1 | -- | -- | Not less than 6. |
|
| Not more than 60 |
|
|
|
|
| Not more than 8. |
| Bihar | Not less than 29 | 9 | 4 | 1 | 12 | Not less than 3. | |
|
| Not more than 30 |
|
|
|
|
| Not more than 4. |
| Assam | Not less than 21 | 10 | 6 | 2 | -- | -- | Not less than 3. |
|
| Not more than 22 |
|
|
|
|
| Not more than 4. |
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1. This Schedule came into force on 1-4-1937 under Government of India (Commencement and Transitory Provisions) Order, 1936 para. 3, and was substituted by the India (Provisional Constitution) Order, 1947.
2. Substituted by the India and Burma (Miscellaneous Amendment) Act, 1940 (3&4 Geo. 6, Ch. 5) Sch. Part I, for "shall not be qualified to hold a seat".