The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976

(1) This Act may be called the Scheduled Castes andScheduled Tribes Orders (Amendment) Act, 1976. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires, (a) "census authority" means the Registrar General and ex officio Census Commissioner forIndia; (b) "Commission" means the Election Commission appointed by the President under article 324of 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 bythe President under article 341 of the Constitution; (f) "Scheduled Tribes Orders" means the Constitution (Scheduled Tribes) Order, 1950 and theConstitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959, made by the Presidentunder article 342 of the Constitution; (g) "State" means a State included in the Scheduled Castes Order and the Scheduled TribesOrders, and includes the Union territory of the Andaman and Nicobar Islands.

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

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

(1) As soon as maybe after the commencement of this Act, the population as at the last census of the Scheduled Castes or, asthe case may be, of the Scheduled Tribes, in each State shall be ascertained or estimated by the censusauthority. (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 theSchedules to the Orders referred to in the said sections is varied so as to specify a larger area inrelation to such caste or tribe, the census authority shall take into account the population figures of thecaste or tribe as ascertained in the last census and in any previous census wherein the populationfigures of the caste or tribe in respect of the increased area had been ascertained and determine thepopulation of that caste or tribe as on the 1st day of April, 1971 by increasing or decreasing suchfigures by the proportion in which the general population of the State or, as the case may be, thedivision, district, taluk, tahsil, police station, development block or other territorial division in relationto which such caste or tribe has been specified by the said amendments has increased or decreasedbetween 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 inrelation to a State or part thereof is varied so as to specify such caste or tribe only as a ScheduledCaste or Scheduled Tribe in relation to that State or part, the census authority shall take into accountthe 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 anyScheduled Caste or Tribe as on the 1st day of April, 1971, if the population of that caste or tribe was notascertained 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 areareferred to in clause (a) had been ascertained in more than one previous census, the census authority shalltake into account, for the purposes of that clause, the population figures of such caste or tribe asascertained 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 thecensus authority in the Gazette of India. (4) The population figures so notified shall be taken to be the relevant population figures asascertained at the last census and shall supersede any figures previously published; and the figures sonotified shall be final and shall not be called in question in any court.