GOVERNMENT OF UNION TERRITORIES ACT, 1963
(1) This act may be called the Government of Union Territories Act, 1963.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint:2[Provided that it shall come into force in the Union Territory of Mizoram on such date being a .date not earlier than the date of commencement of the Government of Union Territories (Amendment) Act, 1971, as the Central Government may, by notification in the Official Gazette, appoint.]3[Provided further that it shall come into force in the Union territory of Arunachal Pradesh on such date, being a date not earlier than the date of commencement of the Government of Union Territories (Amendment) Act, 1975, as the Central Government may, by notification in the Official Gazette, appoint.]4[Provided also that subject to the preceding provisos] different dates may be appointed for different pro
(1) In this Act, unless the context otherwise requires,-
(a) "Administrator" means the administrator of1[the Union territory] appointed by the President under article 239;
(b) "article" means an article of the Constitution;
(c) "assembly constituency" means a constituency provided under this Act for the purpose of elections to the Legislative Assembly of1[the Union territory];
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "Judicial Commissioner" includes an Additional Judicial Commissioner;
(f) "scheduled castes" in relation to1[the Union territory] mean such castres, races or tribes or parts of or gro
(1) There shall be a Legislative Assembly for each Union Territory.
1[(2) The total number of seats in the Legislative Assembly of2[the Union territory] to be filled by persons chosen by direct election shall be thirty].
(3) The Central Government may nominate not more than three persons, not being persons in the service of Government, to be members of the Legislative Assembly of2[the Union Territory].
3[(4) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly of the Union territory].
(5) The number of seats reserved for the scheduled castes or the scheduled tribes in the Legislative Assembly4[of2[the Union Territory]] under sub-section (4) shall bear, as nearly as may be, the same proportion to the total number of seats i
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of1[the Union territory] unless he-
(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the First Schedule;
(b) is not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law.
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1. Substituted for the words "a Union territory" by the Goa, Daman and Diu Reorganisation Act ( 18 of 1987), S.65(a) (30-5-87).
The Legislative Assembly of1[the Union territory] unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as dissolution of the Assembly:
Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987). S. 65(a) (30-5-87).
(1) The Administrator shall, from time-to time, summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
(2) The Administrator may from time to time.--
(a) prorogue the Assembly;
(b) dissolve the Assembly.
(1) Every Legislative assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.
(2) A member holding office as Speaker or Deputy Speaker of an Assembly-
(a) shall vacate his office if he ceaes to be a member of the Assembly-
(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office;
(c) may be removed from his office by a resolution of the Assembly passed by a majority of all the then members
(1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not, though he is present, preside and the provisions of sub-section (4) of section 7-shall apply in relation to every such. sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in section 12-, be entitled to vote only in the first instance on such resolution or on any other matter during su
(1)The Administrator may address the Legislative Assembly and may for that purpose require the attendance of members.
(2) The Administrator may also send messages to the Assembly whether with respect to a Bill then pending in the Assembly or otherwise, and when a message is so sent, the Assembly shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
Every Minister shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the Union Territory, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member but shall not by virtue of this section be entitled to vote.
Every member of the Legislative Assembly of1[the Union Territory] shall, before taking his seat, make and subscribe before, the Administrator, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the First Schedule.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).
(1) Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly of1[the Union Territory] shall be determined by a majority of votes of the members present and voting other than the Speaker or person acting as such.
(2) The Speaker or person acting as such shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes.
(3) The Legislative Assembly of1[the Union Territory] shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly of1[the Union Territory] shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.
(4) The quorum
(1) No person shall be a member both a Parliament and of the Legislative Assembly of1[the Union Territory] and if a person is chosen a member both of Parliament and of such Assembly, then, at the expiration of such period as may be specified in the rules made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislative Assembly of the Union Territory.
(2) If a member of the Legislative Assembly of1[the Union territory]-
(a) becomes subject to any disqualification mentioned in2[section 14-orsection 14A-] for membership of the Assembly, or
(b) resigns his seat by writing under his hand addressed lo the Speaker, his seat shall thereupon become vacant.
(3) If for a period of sixt
The provisions of the Tenth Schedule to the Constitution shall, subject to the necessary modifications (including modifications for construing references therein to the Legislative Assembly of a State, Article188, Article 194 and Article 212 as references, respectively, to the Legislative Assembly of1[the Union territory],section 11-,section 16-andsection 37-of this Act), apply to and in relation to the members of the Legislative Assembly of1[the Union territory] as they apply to and in relation to the members of the Legislative Assembly of a State, and accordingly,-
(a) the said tenth Schedule as so modified shall be deemed to form part of this Act; and
(b) a person shall be disqualified for being a member of the Legislative Assembly of1[the Union territory] if he is so disqualified under the said Tenth Schedule as so modified].
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(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly of1[the Union territory]-
(a) if he holds any office of profit under the Government of India or the Government of any State or the Government of1[the Union Territory], other than an office declared by law made by Parliament or by the Legislative Assembly of the Union Territory not to disqualify its holder: or
(b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) of clause (1) of article 102 or of any law made in pursuance of that article.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Governme
If a person sits or votes as a member of the Legislative Assembly of1[the Union Territory] before he has complied with the requirements of section 11-or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).
(1) Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom of speech in the Legislative Assembly of1[the Union territory].
(2) No member of the Legislative Assembly of1[the Union territory] shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of such Assembly of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of the Legislative Assembly of1[the Union territory] and of the members and the committees thereof shall be such as are for the time being enjoyed by the House of the People and its members and committees.
Members of the Legislative Assembly of1[the Union Territory] shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislative Assembly of the Union Territory by law and, until provision in that behalf is so made, such salaries and allowances as the Administrator may, with the approval of the President, by order determine.
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1 Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S.65(a) (30-5-87).
(1), Subject to the provisions of this Act the Legislative Assembly of [the Union Territory] may make laws for the whole or any part of the Union territory with respect to any of the matters enumerated in the State List or the(concurrent List in the Seventh Schedule to the Constitution in so far as any such matter is applicable in relation to Union territories.
(2) Nothing in sub-section (1) shall derogate from the powers conferred on Parliament by Cons the Constitution to make laws with respect to any matter for1[the Union territory] or any part thereof.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).
The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempted from all taxes0imposed by or under any law made by the Legislative Assembly of1[the Union territory] or by or under any other law in force in1[the Union territory] :
Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any authority within1[the Union territory] from levying any tax on any property of the Union to which such property was immediately before the commencement of the Constitution liable or treated as liable, so long as that tax continues to be levied in that Union territory.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).
1[(1)] The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly of2[the Union territory] with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislature of a State with respect to those matters.
3[(2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly of2[the Union territory with respect to any of the matters referred to in that article as they apply in relation to any law passed by the Legislature of a State with respect to those matters.]
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1. Section 20, renumbered as sub-section (1) thereof by Act 83 of 1971, Section 5 (16-2-1972).
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If any provision of a law made by the Legislative Assembly of1[the Union territory] with respect to any matter enumerated in the State List in the Seventh Schedule to the Constitution is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly of the Union territory or, if any provision of a law made by the Legislative Assembly of1[the Union territory] with respect to any matter enumerated in the concurrent list in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier law other than a law made by the Legislative Assembly of the Union territory, with respect to that matter, then, in either case, the law made by Parliament, or as the case may be, such earlier law shall prevail and the law made by the Legislative Assembly of the Union territory shall, to the extent of repugnancy, be void:
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No Bill or amendment shall be introduced into or moved in, the Legislative Assembly of1[the Union territory] without the previous sanction of the Administrator, if such Bill or amendment makes provision with respect to any of the following matters, namely:-
(a) constitution and organisation of the court of the Judicial Commissioner;
(b) jurisdiction and powers of the Court of the Judicial Commissioner with respect to any of the matters in the State List or the Concurrent List in the Seventh Schedule to the Constitution.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).
(1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly of1[the Union territory] except on the recommendation of the Administrator, if such Bill or amendment makes provision for any of the following matters, namely:-
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Union territory;
(c) the appropriation of moneys out of the Consolidated Fund of the Union territory;
(d) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Union territory or the increasing of the amount of any such expenditure;
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(1) A Bill pending in the Legislative Assembly of1[the Union territory] shall not lapse by reason of the prorogation of the Assembly.
(2) A Bill which is pending in the Legislative Assembly of1[the Union territory] shall lapse on a dissolution of the Assembly.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).
When a bill has been passed by the Legislative Assembly of1[the Union territory], it shall be presented to the Administrator and the Administrator shall declare either that he assents to the Bill or that he withholds assent there from or that he reserves the Bill for the consideration of the President.
Provided that the Administrator may, as soon as possible after the presentation of the Bill to him for assent, return, the Bill if it is not a Money Bill together with a message requesting that the Assembly will reconsider the Bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Administrator for assent, the Admini
When a Bill is reserved by an Administrator for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent there from:
Provided that where the Bill is not a Money Bill, the President may direct the Administrator to return the Bill to the Legislative Assembly together with such a message as is mentioned in the First Proviso to Section 25-and, when a Bill is so returned, the Assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the Assembly with or without amendment, it shall be presented again to the President for his consideration.]
No Act of the Legislative Assembly of1[the Union territory], and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given2[by the
Administrator, or on being reserved by the Administrator for the consideration of the President, by the President.]
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1.Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).
2.Substituted for the words "by the President" by Act 29 of 1975, S. 5 (15-8-1975).
(1) The Administrator of1[the Union territory] shall in respect of every financial year cause to be laid before the Legislative Assembly of the Union territory, with the previous approval of the President, a statement of the estimated receipts and expenditure of the Union territory for that year, in this Part referred to as the "annual financial statement."
(2) The estimates of expenditure embodied in the annual financial statement shall show separately-
(a) the sums required to meet expenditure described by this Act as expenditure charged upon the Consolidated Fund of the Union territory, and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the Union territory;
and shall distinguish expenditure on
(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of1[the Union territory] shall not be submitted to the vote of the Legislative Assembly of1[the Union territory], but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Administrator.
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(1) As soon as may be after the grants under Section 28-havebeen made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Union territory of all moneys required to meet-
(a) the grant so made by the Assembly, and
(b) the expenditure charged on the Consolidated Fund of the Union territory but not exceeding in any case the amount shown in the statement previously laid before the Assembly.
(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the Union Territory and the decision of the person presiding as to whether an amendment i
(1) The Administrator shall-
(a) if the amount authorised by any law made in accordance with the provisions ofSection29-to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the Legislative Assembly of the Union territory, with the previous approval of the President, another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the Union territory with
(1) Notwithstanding anything in the foregoing provisions of this Part, the Legislative Assembly of1[the Union territory] shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in Section 28-for the voting of such grant and the passing of the law in accordance with the provisions of Section 29-in relation to that expenditure and the Legislative Assembly shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the Union territory for the purposes for which the said grant is made.
(2) The provisions of sections 28-and29-shall have effect in relation to the making of any grant under sub-section (1) or to any law to be made under that sub-section as they have effectin relation to the making of a grant with regard to any expenditure mention
Notwithstanding anything in the foregoing provisions of this Part, the Administrator may authorise such expenditure from the Consolidated Fund of the Union territory as he deems necessary for a period of not more than six months beginning with the date of the constitution of the Consolidated Fund of the Union territory, pending the sanction of such expenditure by the Legislature Assembly of the Union territory.
(1) The Legislative Assembly of 2[the Union territory] may make rules for regulating, subject to the provisions of this Act, its procedure and the conduct of its business:
Provided that the Administrator shall, after consultation with the Speaker of the Legislative Assembly and with the approval of the President, make rules-
(a) for securing the timely completion of financial business;
(b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the Union territory;
(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the Adminis
(1) The Legislative Assembly of [the Union territory] may by law adopt any one or more of the languages in use in the Union territory or Hindi as the official language or languages to be used for all or any of the official purposes of the Union territory:
Provided that so long as the Legislative Assembly of the Union territory of Pondicherry does not decide otherwise, the French language shall continue to be used as an official language of that Union territory for the same official purposes for which it was being used in that territory immediately before the commencement of this Act:
Provided further that the President may by order direct-
(i) that the official language of the Union shall be adopted for such of the official purposes of the Union territory as may be specified in the order;
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Notwithstanding anything contained in section 34-, until Parliament by law otherwise provides, the authoritative texts-
(a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly of1[the Union territory],
(b) of all Acts passed by the Legislative Assembly of1[the Union territory], and
(c) of all orders, rules, regulations and bye-laws issued under any law made by the
Legislative Assembly of1[the Union territory],shall be in the English language:
Provided that where the Legislative Assembly of1[the Union territory] has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislative Assembly of the Union territor
No discussion shall take place in the Legislative Assembly of [the Union territory] with respect to the conduct of any Judicial Commissioner or of any Judge of the Supreme Court or of a High Court in the discharge of his duties.
(1) The validity of any proceedings in the Legislative Assembly of1[the Union territory] shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislative Assembly of1[the Union territory] in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative Assembly shall be subject to the jurisdiction of any Court in respect of the exercise by him of those powers.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987),Section65(a) (30-5-87).
In this part unless the context otherwise requires,-
(a) "associate member" means a member associated with the Delimitation Commission under Section 42-;1[or with the Election Commission2[under Section 43A-or Section 43C-]].
(b) "Delimitation Commission" means the Delimitation Commission constituted under Section 3 of the3Delimitation Commission Act, 2002-;
4[(bb) "Election Commission" means the Election Commission appointed by the President under Article 324;]
(c) "latest census figures" mean the census figures in a Union territory ascertained at the latest census of which the finally published figures are available;
(d) "Parliamentary Constituency" means a constituency provided by law for the purpo
For the purpose of elections to the Legislative Assembly of1[the Union territory], the Union territory shall be divided into single member assembly constituencies in accordance with the provisions of this Part in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Union territory.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987),Section65(a) (30-5-87).
There shall be allotted one seat to the Union territory of Pondicherry in the House of the People and that Union territory shall form one parliamentary constituency.
(1) It shall be the duty of the Delimitation Commission-
(a) to delimit the assembly constituencies in1[each Union territory], and
(b) to determine, on the basis of the latest census figures, the number of seats to be reserved for the scheduled castes and for the scheduled tribes in the Legislative Assembly of2[the Union territory] other than the Union territory of Goa; Daman and Diu, and the constituencies in which these seats shall be so reserved.
(2) It shall also be the duty of the Delimitation Commission-
(a) to readjust, on the basis of the latest census figures, the division of each of the Union Territories of Delhi, Himachal Pradesh, Manipur and Tripura into parliamentary constituencies,1[the number being 7, 4, 2 and 2.]
(1) For the purpose of assisting the Delimitation Commissioning its duties, the Delimitation Commission shall associate with itself,-
(a) in respect of the Union territory of Delhi, all the members of the House of the People representing that Union territory;
(b) in respect of each of the Union territories of Himachal Pradesh, Manipur and Tripura, all the members of the House of the People representing that Union territory and three members of the Legislative Assembly of that Union territory to be nominated by the Speaker of the Assembly from among the members thereof;
(c) in respect of the Union territory of Goa, Daman and Diu, the two members of the House of the People representing that Union territory;
(d) in respect of the Union territory of Pon
(1) The provisions of Sections 39-to43-(both inclusive) shall not apply to the delimitation of Parliamentary constituencies in the Union Territory of Arunchal Pradesh or to the delimitation of constituencies for the purpose of elections to the Legislative Assembly of that Union Territory.
(2) The Election Commission shall divide the Union Territory of Arunachal Pradesh into two single-member parliamentary constituencies on the basis of the latest census figures.
(3) The Election Commission shall also, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union Territory of Arunachal Pradesh under sub-section (2) of Section 3-to single member assembly constituencies and delimit them on the basis of the latest census figures having regard to the following provisions :-
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In the House of the People to be constituted after the general election to that House to be held after the commencement of the Government of Union Territories (Amendment) Act, 1975 and thereafter, there shall be allotted two seats to the Union Territory of Arunachal Pradesh and the First Schedule to the Representation of the People Act, 1950-shall be deemed to have been amended accordingly.
(1) The provisions of sections 39-and43-(both inclusive) shall not apply to the delimitation of constituencies for the purpose of elections to the Legislative Assembly of the Union Territory of Mizoram.
(2) The Election Commission shall, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union Territory of Mizoram under sub-section (2)of section 3-to single member assembly constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the constitution and to the following provisions:-
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units, facilities o
The provisions of Sections 7-,9-,10-and11 of the Delimitation Commission Act, 1962, shall apply, 'as far as may be, in relation to the delimitation of parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of parliamentary and assembly constituencies under that Act.
(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 t
Notwithstanding anything contained in sections 38-to 43D-(both inclusive), until the relevant figures for the first census taken after the year12026 have been published, it shall not be necessary to readjust the division of each Union territory into territorial constituencies and any reference to the "latest census figures" in this Part shall be construed as a reference to the22001 census figures.]
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1. Substituted for the words "by the Government of Union Territories And The Government of National Capital Territory of Delhi (Amendment) Act, 2005.
2. Substituted for the words "1971" by the Government of Union Territories And The Government of National Capital Territory of Delhi (Amendment) Act, 2005.
1[43F. Special provision as to readjustment of territorial constituencies on the basis of 2001 census.-
Notwithstanding the publication of orders under sub-section (1) of section 10 of the Delimitation Act, 2002 (33 of 2002) or anything contained in subsection (2) or sub-section (4) of the said section, any readjustment in the division of Union territory into territorial constituencies by the Delimitation Commission under the said Act, on the basis of 2001 census shall take effect from such date as the Central Government may, by order, published in the Official Gazette, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment.
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1. Inserted by The
(1) There shall be a Council of Ministers in each Union territory with the Chief Minister at the head to aid and advise the Administrator in the exercise of his functions in relation to matters with respect to which the Legislative Assembly of the Union territory has power to make laws except in so far as he is required by or under this Act to act in his discretion or by or under any law to exercise any judicial or quasi-judicial functions:
Provided that, in case of difference of opinion between the Administrator and his Ministers on any matter, the Administrator shall refer it to the President for decision and act according to the decision given thereon by the President, and pending such decision it shall be competent for the Administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give
(1) The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the Union territory.
(4) Before a Minister enters upon his office, the Administrator shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the First Schedule.
(5) A Minister who for any period of six consecutive months is not a member of the Legislative Assembly of the Union territory shall at the expiration of that period cease to be a Minister.
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(1) The President shall make rules-
(a) for the allocation of business to the Ministers; and
(b) for the more convenient transaction of business with the Ministers including the procedure to be adopted in the case of a difference of opinion between the Administrator and the Council of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Administrator, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the Administrator.
(3) Orders and other instruments made and executed in the name of the Administrator, shall be authenticated in such manner as may be specified in rules to be made by the Administrator, and the validity of an order or instrument which is
1[47A. Public Account of the Union territory and moneys credited to it
(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all other public moneys received by or on behalf of the Administrator shall be credited to a Public Account entitled "the Public Account of the Union territory".
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Union territory or the Contingency Fund of the Union territory, received by or on behalf of the Administrator, their payment into the Public Account of the Union territory and the withdrawal of moneys from such account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by rules made by the Administrator with the approval of the President.]
(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all revenues received in1[the Union territory] by the Government of India or the Administrator the Union territory in relation to any matter with respect to which the Legislative Assembly of the Union territory has power to make laws, and all grants made and2["all loans advanced to the Union territory from the Consolidated Fund of India and all loans raised by the Government of India or the Administrator of the Union territory upon the security of the Consolidated Fund of the Union territory"] and all moneys received by the Union territory in repayment of loans shall form one Consolidated Fund to be entitled "the Consolidated Fund of the Union territory."
(2) No moneys out of the Consolidated Fund of1[the Union territory] shall be appropriated except in .accordance
1[48A. Borrowing upon the security of the Consolidated Fund of Union Territory
(1) The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of the Union territory within such limits, if any, as may, from time to time, be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed:
Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Administrator subject to such conditions, if any, as the Government of India may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Union territory.
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(1) There shall be established a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the Union Territory" into which shall be paid from and out of the Consolidated Fund of the Union territory such sums as may, from time to time, be determined by law made by the Legislative Assembly of the Union territory; and the said Fund shall be held by the Administrator to enable advances to be made by him out of such Fund.
(2) No advances shall be made out of the contingency Fund of the Union territory except for the purposes of. meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative Assembly of the Union territory under appropriations made by law.
(3) The Administrator may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into,
1[48B. Form of accounts of the Union territory
The accounts of the Union territory shall be kept in such form as the Administrator may, after obtaining advice of the Comptroller and Auditor-General of India and with the approval of the President, prescribe by rules.".]
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1. Inserted by The Government Of Union Territories And The Government Of National Capital Territory Of Delhi (Amendment) Act, 2001. w.e.f. 06.09.2001.
The reports of the Comptroller and Auditor-General of India relating to the accounts of1[the Union territory] for any period subsequent to the date referred to in sub-section (1) of section 47-shall be submitted to the Administrator who shall cause them to be laid before the Legislative Assembly of the Union territory.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), Section 65(a) (30-5-87).
Notwithstanding anything in this Act, the Administrator and his Council of Ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the President.
If the President, on receipt of a report from the Administrator of1[the Union territory] or otherwise, is satisfied-
(a) that a situation has arisen in which the administration of the Union territory cannot be carried on in accordance with the provisions of this Act, or
(b) that for the proper administration of the Union territory it is necessary or expedient so to do, the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory in accordance with the provisions of Article 239.
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1. Substituted for the words "a Union t
Where the Legislative Assembly of1[the Union territory] is dissolved, or its functioning as such Assembly remains suspended, on account of an order under section 51-, it shall be competent for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of that Union territory pending the sanction of such expenditure by Parliament.]
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), Section 65(a) (30-5-87).
(1) As soon as practicable after the commencement of this Act, elections shall be held in accordance with law-
(a) to fill the seats in the House of the People allotted to the Union territory of Goa, Daman and Diu; and
(b) to fill the seat in the House of the People and the seat in the Council of States allotted to the Union territory of Pondicherry.
(2) Notwithstanding anything contained in any other law for the time being in force, the members nominated to represent the Union territory of Goa, Daman and Diu in the House of the People shall continue to be such until the election of the members to fill the two seats in that House allotted to that Union territory:
Provided that where the dates of election of the members are different, the members so
On and from the commencement of this Act in the Union territory of Mizoram and until other provisions in this behalf are made by a competent Legislature or other competent authority, the administration of justice in those areas of that Union territory which are not comprised in any autonomous district under the Sixth Schedule to the Constitution shall be carried on, so far as may be, in accordance with the provisions of paragraphs 4 and 5 of that schedule, as if those areas were comprised in an autonomous district under that Schedule and the provisions of the said paragraphs were in force in those areas and for this purpose.-
(i) all powers and functions of a District Council under the provisions of the said paragraph 4 shall be exercised and discharged by the Administrator or any officer appointed by him in this behalf;
(ii) the said pa
(1) Notwithstanding anything contained in this Act(including provisions relating to the strength of the Legislative Assembly of the Union territory of Arunachal Pradesh), until the Legislative Assembly of the Union territory of Arunachal Pradesh has been duly constituted and summoned to meet for the first session under and in accordance with the provisions of this Act, there shall 'be provisional Legislative Assembly which shall consist of members, being those persons referred to in clauses (b), (c) and (d) of section 3 of the North East Frontier Agency (Administration) Supplementary Regulation, 1971and who are functioning immediately before the commencement of this Act in the Union territory of Arunachal Pradesh, as members of the Pradesh Council constituted under the said section 3-.
(2) The term of office of the members of the provisional Legislative Assembly shall expire immedi
For the removal of doubts it is hereby declared that-
(a) all contracts in connection with the administration of1[the Union territory] are contracts made in the exercise of the executive power of the Union:
(b) all suits and proceedings .in connection with the administration of1[the Union territory] shall be instituted by or against the Government of India.
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1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), Section 65(a) (30-5-87).
If any difficulty arises in relation to the transaction from the provisions of any of the laws repealed by this Act or in giving effect to the provisions of this Act and, in particular, in relation to the constitution of the Legislative Assembly for any Union territory, the President may by order do anything not inconsistent with the provisions of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty.
(1) The enactments specified in the Second Schedule-
(a) shall, together with all rules, notifications and orders made or issued there under, extend to and come into force in the Union territories of Goa, Daman and Diu, and Pondicherry; and
(b) shall be subject to the amendments mentioned in the fourth column of the said Schedule.
(2) All things done, and all steps taken, before the commencement of this Act in connection with the preparation or revision of electoral rolls for the purpose of elections to the House of the People from the Union territories of Goa, Daman and Diu, and Pondicherry, and to the Legislative Assemblies of those Union territories shall, in so far as they are in conformity with the provisions of the Representation of the People Act, 1950-, as amended by this Act, be deeme
(1) The following laws are hereby repealed :-
(a)the Territorial Councils Act, 1956;
(b) the Decree No. 46-2381, dated the 25th October, 1946, as subsequently amended, . relating to the Representative Assembly of the State of Pondicherry;
(c) the Decree No. 47-1490, dated the 12th August, 1947 as subsequently amended, relating to the setting up of a Council of Government in the State of Pondicherry;
(d) the State of Pondicherry (Representation of the People)Order, 1955, in so far as it relates to the Representative Assembly of Pondicherry.
(2) Notwithstanding the repeal of the Territorial Councils Act 1956,-
(a) every officer and other employee of the Territori
FROMS OF OATHS OR AFFIRMATIONS
I Form of Oath or Affirmation to be made by a Candidate for Election to the Legislative Assembly "I.A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly do swear in the name of God of ........................................ that I will bear true faith and allegiance to the Constitution of India as by law established solemnly affinn and that I will uphold the sovereignty and integrity of India."
II Form of Oath or Affirmation to be made by a Member of the Legislative Assembly of [the Union Territory] "I.A.B., having been elected (or nominated) a member of the Legislative Assembly do swear in the name of God of ............................... that I will bear true faith and allegiance to the Constitution of India as solemnly affirm by law established, that I will uphold the s
FROMS OF OATHS OR AFFIRMATIONS
I Form of Oath or Affirmation to be made by a Candidate for Election to the Legislative Assembly "I.A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly do swear in the name of God of ........................................ that I will bear true faith and allegiance to the Constitution of India as by law established solemnly affinn and that I will uphold the sovereignty and integrity of India."
II Form of Oath or Affirmation to be made by a Member of the Legislative Assembly of [the Union Territory] "I.A.B., having been elected (or nominated) a member of the Legislative Assembly do swear in the name of God of ............................... that I will bear true faith and allegiance to the Constitution of India as solemnly affirm by law established, that I will uphold the s
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