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THE GOVERNMENT OF UNION TERRITORIES

ACT, 1963.
(No.20 of 1963)

An Act to provide for Legislative dssen~bliesand Cot~r~cilsof

r1finister.s lur certain Union territories and for ccrltrrr. other
matters.

BE it enacted by Parliament in the Fourteenth Year of the

Republic CJPIndia as follms :-

PART I
Short title and commencement.
1. ( I ; 'I'his Act may be called the G~vernqent o f Uniqr\
- Territories
. k t , 1963.
..
,&

.I"

!2) It shall come into force on such date1 as the Central

Gover~lmentmay, by notification in the Official Gazette, appoint :
2 [Provitled that it shall come into force in the Unlun lerritorv
of Mizoratn on such date, being a date not earlier than the date of
commenceinent of the Government of Union 'rerntorics [.inendment) Act, 1971, as the Central Government map, by noti'tic:~tion
in the Official Gazette, appoint:]

3 [Provided further that it shall come into force in the Union

territory of -4runachal Pradesh on such date, being a (!ate not
earlier than the date of commencement of the Government of
Union Territories (Amendment) .4ct, 1975, as the Central Government may, by notification in the Official Gazette, nppoint.] :
4 [Provided also that subject to the preceding provisos,]
different dates 3 may be appointed for diflerent provisions of
this -4ct and for different Union territories and any reference in
any such provision to the commencement of this -4ct shall be
construed as a reference to the coming into force of the provisior~s.

Definitions and interpretation.

2. (1I In this Act, unless the context otherwise requires,-(a) "Administrator" means the administrator of a I'nion
territorv appointed by the President under article 239 ;

(b) "iirticle" means an article of the Constitution ;

I. Provisions of ss. 1,2,53,5(i and 57 and Schedule I1 came into force in the Union
vide Notification G. S. R. 815, dated
territory of Pondicherry on 13-5-1963.
13-5-4963.
The remaining provisions of this Act came into force on
1-7-1963
vide Notification No. G. S. R. 1025, dated 15-6-1953.
2. Inserted by Act 83 of 1971, s. 2, w.e.f. 16-2-1972-Notification
G. S. R. 75(E)15-2-1972.
3. Inserted by Act 29 of 1975, s. 2, w.e.f. 15-8-1975
S.O. 398(E)-31-7-1975.

4, Subatitutcd by Act 29 of 1975, s, 2, w.e,f. 15-4-1975 S,O, 398(E)-31-7-1975.

\-I

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U b V I I O L I L U C I A U J

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under t!ilo Act for the purpose of elections to the IJegislative

Assembiy of a Union territory ;
( d , ~"Election Commission" means the Election Comnlission
appointed by the President under article 324 ;
(e) "Judicial Commissioner" includes a n Additional Judicial Conr~~lissioner
;
(f) "scheduled castes" in relation to a Union ter~'ilorgmean
such castes. races or tribes or parts of or groups within sach
castes, races or tribes as are deemed under article 341 to he
scheduled castes in relation to that Union territory ;
(g) "scheduled trihes" i n relation to a Union territorj- dlean

such tril~rsor tribal communities or parts of or groups within

such triiws or tribal communities as are deemed under article .k2
to be schedaled tribes in relation to that Union territor? ;
(hi "ifnion lerritc~rg"means any of the Union territories of
2 1.': **I Goa, Daman and Diu, P o n d i ~ h e r r y :3fizorani]
.~
1[
and 4 [brunachal Pradesh.]
(2) Any reference in this Act to laws made by Parliament
shall be construed as including a reference to Ordinances promulgated I)$ the President under article 123 and a reference io IZeguiations made by the President under article 240.
1. The words "Himachal Pradesh" have been omitted by Act 53 of 1970, s. 48
w.e.f. 25-1-1971 viz., the appointed day under the Act vide Notification in the
Gazette of India, 6-1-1971,
Pt. 11-S. 3(i) Ext. p. 11.
2. The words " Manipur, Tripura, " omitted by Act 81 of 1971, s. 75 w.e.f.
21-1 -1972.
3. Ins. by Act 83 of 1971, s. 3 w. e. f. 16-2-1972-Notfn.G.S.R. 75 (E)-15-2-1972.

4. Ins. by Act 29 of 1975, s. 3 w. e. f. 15-8-1975-5.0. 398 (E)-31-7-1975.

YAK1

11

LEGISLATIVE
ASSEMBLIES
Legistalive ..lssemblies for Union territories and their composition.

3. (1) There shall be a Legislatire Assembly for each Union

territory.
1 [(2) 1 he total number of seats in the Legislative Assrnlbly of
a Union tcrrilory to he filled by persons chosen by direct election
shall be thirty.]

(3) 'I'l~eCentral Go.crerninent may nominate not nmrc than

three persons, not being persons in the s e r ~ i c eof Government, to
be members of the Legislative ,\ssembly of a tlnion territory.
2

[(4) Scats shall be reserved for the Scheduled Castes in the

1,egislalive Assemblies of the Union territories of Goa, IJarnan and

Diu and Ponrlicherry, and for the Scheduled Tribes in the Legislative Asseml)ly of the Union territory of Coa, D a r ~ a nand Diu.]

(5) The number of seats reserved for the schedulecl castes or

the schedt~ledtribes in the Legislative Assembly 2 [of any LTnion
territory] under sub-section (4) shall bear as nearly as may he,
the same 1)roportion to the total number of seats in the Assembly
as the pop~~lation
of the scheduled castes in the Union territory
or of the scheduled tribes in the Union territory, as thc case may
be, in respect of which seats are so reserved, bears lo the tot:il
population of the Union territory.
(G) Sol-$1-ithstandinganything in the foregoing provisions of
- this section. ;he provisions relating to the reservation 01 seats for
9
.
tki'e scheduled castes and the ichgdufed tribks2 [in'the ie&slative
'
Assemblies of the Union territories of Goa, Daman and Diu and
Pondicherry] shall cease to have effect on the same date on which
1. Subs. by the State of Himachal Pradesh (Adaptation of Laws on Union

Subjects) Order, 1973, for sub-section (2) w.e.f. 25-1-1971.

2. Subs. by Act 86 of 1976 s. 2, w. e. f. 30-9-1976-Notfn.-S.0 641 (E)-28-9-1976.

the reservation of seats for scheduled castes and the scheduled

tribes in the House of the People shall cease to have effect under
article 334 :
Provided that nothing in this sub-section shall affect any
representation in the Legislative Assembly of a I.'nion territory
until the dissolution of the then existing Assembly.

QualiJication for membership of Legislative Assembly.

4. A person shall not be qualified to be chosen to fill a seat in
the Legislative Assembly of a 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 sel out for the
purpose in the First Schedule ;
(b) i s not less than twenty-five years of age ; and
(c) jwssesses such other qualifications as may he prescribed
in that behalf by or under any law.

Duration of Legislative Assemblies.

5. The Legislative Assembly of a Union territory, tiriless

sooner dissolved, shall continue for five years from the date
appointed Sol- its first meeting and no longer, and the expiration
of the said period of five years shall operate as a dissolution
of the Assembly :
:.
Proried that the said period may, while a ~ r o c l a n ~ a t i o01
n
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 mo~ltllsafter the Proclamation has ceased to operate.

6. (1) The Administrator shall, from time to time summon

the Legislative Assembly to meet at such time and place us 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.
Speaker and Deputy Speaker of Legislative Assemblg.

7. (1) ,Every Legislative Assembly shall, as soon as rnay be,

choose two niembers of the Assembly to be respectively Speaker
and Deputy Speaker thereof, and, so often as the Ofice of the
Speaker or Deputy Speaker becomes vacant, the Assembly shall
choose another member to be Speaker or Deputy Speaker, as the
case may be.
(2) h member holding office as Speaker or Deputy Speaker
of an Assembly-

(a) sllall vacate his office if he ceases to be a member of

the Assembly ;

.I,

(b) m a p 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
-,
ofice;

(c) rnay be removed from his ofice by a resolution of the

Assemblv passed by a majority of all the then members of the
Assembly :

Provided that no resolution for the purpose of clause (c) shall

be moved unless a t least fourteen days' notice has been given of
the intention to move the resolution :
Provided further that \!-henever the -4ssembly is dissolvetl, the
Speaker shall not vacate his office until immediately before the
first meeting of the Assembly after the dissolution.
(3) While the office of Speaker is vacant, the duties of the
office shall be performed by the Deputy Speaker or. if the oflice
of Deputy Speaker is also vacant, by such member of the
-4ssembly as may be determined by the rules of procedure of the
Assembly.
(4) Ihring the absence of the Speaker from any sitting of
the Assembly. the Deputy Speaker, or. if he is also absent. such
person as map be determined by the rules of procedure of the
Assembly, or, if no such person is present, such other person as
may be determined by the -4ssembl~-,
shall act as Speaker.

( 5 ) There shall be paid to the Speaker and the Deputy

Speaker of the Legislative Assembly such salaries and allowances
as may be respectively fixed by the Legislative Assembly of the
Union territory by law and, until provision in that behalf is so
made, such salaries and allo\~-ancesas the Administrator
with the npproval of the President. by order determine.

may,

Speaker or Deputy Speaker not to preside while a resolution

for his removal from officeis under consideration.
,
8. (1) At any sitting of the Legislative Assembly, \vhiIe any
resolution for the removal of the Speaker from his ofice is ~ ~ n d e r
consideration the Speaker, or while any reso1utio:l for the removal
of the Deputy Speaker from his office is under consideration, the
Deputy Speaker, shall no.t, though he is present, preside 2nd the

provisions of sub-section (4) of section 7 shall apply in relatioil 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) T l ~ eSpeaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative A4ssembly
while any resolution for his removal from ofice 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 such proceedings but not
in the case of an equality of votes.

Right n / -4dministrator lo address arzd send messages lo

....% .+

Legislative Assembly.

9. ( I ) l'he Administrator may address the Legislative

Assembly and may for that purpose require the attendance of
members.
(2) The .4dministrator 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 lnatter
required by the.message to be taken into consideration.

Rights o f Blrnrsters as rcspects Legislative d s s e m b l y .

*

10, 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 Asscmbly of which he may be named a member, but shall
not by virtue of this section be entitled to vote.

, .

Uath or affirmation by members.

11. E \ cry member of the Legislative Asselnbiy of a I hiion

territory sllall, before taking his seat, make and subscribe before
the -4dmiriistrator, or some person appointed in that behalf by
him, an o:~ihor afirmation according to the form set out for the
purpose in the First Schedule.
Voting i n Assembly, power o f Assembly to act notwithstanding
t~ncancicsand quorum.
12. (1; Save as otherwise provided in this Act, all cluestions
at any sitting of the Legislative Assembly of a Union territory shnll
be determined by a majority of votes of the members present and
rcting 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 i-ole in
the case of :in equality of ~ o t e s .

( 3 ) ?'lie Legislative -4ssembly of a Union terrilorj shall have

power to act notwithstanding any vacancy in the membership
thereof, and any proceedings in the Legislative Assemt~lyof a
Cqion territorv shall be \-did not\i.ithstanding that it is discoverell
subsequently that some person who \\.as not entitled so to do, sat
or voted or other\\-ise took part in the proceedings.

(4) 'The quorum to constitute a meeting of the Legislative

Assembly of a Union territory shall be one-third pf the, total
number of members of the Assembly.
(5) If at any time during a meeting of the 1-egislative
Assembly of a Union territory there is no quorum, i t shall be thc
duty of the Speaker, or person acting as such. either to adjourn
the Assen~l~ly
or to suspend the meeting until there is a quorum:

Vacatlon of sears.
13. (1I 39 person shall be a member both of Par!ianient nnd
of the Legislative Assembly of a Union territory and il a person
is chosen as member both of Parliament and of such .issembly,
then, at tile expiration of such period as may be sprcificri in tile
rules made hy the President, that person's seat in F1ar.lianle:lt
shall becolrie vacant, unless he has previously resigner! his sent
in the Legislative Assembly of the Union territory.

(2) 11' a member of the Legislative iZssembly of a Cnion

territory(a) becomes subject to any disqualification
section 14 for membership of the .2ssembly, or

rnentionctl in

\b) resigns his seat by writing under his hand addressetl

to the Sj~e:tl~er,
his seat sliitll ihertupon become vacant.

:3j I f ior a period

Assembly of a Union
Assembly absent from
declare his seat vacant

of sixty days a member of the Legislative

territory is without permissioil of the
all meetings thereof, the Assembly may
:

Provided that in computing tllr slid pcblviod of sixty days, no

account sl~allbe taken of any period during which the .Isscnlb!g
is prorogued or is adjourned for more than four consecutive days.

14. ( I ) A person shall be disqualified f u r Lcing cliosen as, ant1

for being, a member of the Legislative .4ssembly of a Cnioil
territory-

(a) iF he holds any omce of profit under the Gorrrnment of

India 01. the Government of any State or the Government of
any Union territory, other than an office declared hy law made
by Parlixnent or by the Legislative .4ssembly of the ITnion terri
tory not to disqualify its holder ; or

( b ) rt he is for the time being disqualified for being chose:^

as, and for being, a member of either IIouse of Parliament
under the provisions of sub-clause ( b ) , sub-clause (c\ or sub
clause ((1) or clause ( I ) of article 102 or of any law made in
pursuancr ~f that article.
( 2 ) For the purposes of this section, a person shall not he
deemed to hold an ofiice of profit under the Government o f Intlia

or the Gore~.nmentof any State or the Government of a n j t'nion

territory h:- reason only thrt he is a Minister either for the Vnion
or for such State or Union tcrl.itory.
( 3 ) If" nny cluestion :irises

:IS

to whether a m t n ~ b e r1)f Lhc

I,egislatit.:1 Assembly of a Union territory has become ,li.;quali

fied for heing such a member under the provisions of sub-section (1). the question sllall bc referred for the decision of the
President and his decision shall be finnl.
(4) Belore giving any decision on any such question, the
President shall obtain the opinion of the Election Comlnission :u~d
shall act sccording to such opinion.

Penally for sitting and voting before making oath or

aflrma(:on or when not qrzalified or mhcn disqi.rcriifier!.
1.5. If a person sits or votes as a member of thc Legisl~tive
Assembly of a Union territory before he has complied with the
requirements uf section 11 or when Ile knows that he is not qualified or that he i s disqualified for m:mbership thereof, hc shall be

l i ~ b l ein respect of each day on uhich he so sits or votes, to a

penalty o i l h e hundred rupees to be recovered as a debt to the
Union.

Potvers. privileges, elc., of 11zen7bers.

16 ( 1 1 Subject to the pro\isiuns of this .Act and Lo the rules
and standing orders regulating the procedure of the i,cgislali*re
Assenlbly, lnere shall be, freedom of speech in the 1.egislative
rlssembly 01' (.very Union territory.
( 2 ) 'Lo member of the Legislative Asscnlhl>- o f a Cnion
territory sl~allbe liable to any proceeding in any courl in respect
of anyihing said or ally jote given by him in the ..lsselnl>ly or any
committee tliereof, and no person shall be so liable in rtsjlt:ct of
the public.<tion by or u ~ l d e rthe authority of such Asserubly ):of
any report, paper, votes or proceedings.

'3) !n other respects. the powers. privileges an(! Imn~unities

of the Legislstive Assembly of a Union tclrr~lor>' : ~ n dt)f the
members nnci :he committees thereof shall lw such ns ?re for the
time being elljoyed by the House of the People and 11s ~ n c ~ n h p r s
and comnlif'tees.
(4) 1 l i p provisions of sub-sections (1). ( 2 ) and 1 3 )s l ~ n l la;)j)lv
in relation t(, persons who by virtue of this A4cthave ill,> riglit l o
speak in. ;tnd otherwise to take part in the procccdillg: of the
JAegislativeiissembly of n Union territory or any conln~iitcc*thcrcof as they ;tpl)ly in relation to members of that Assemblq.

Salaries and a1lou)anccs of members.

17. M~biubersof the Legislative ,4ssembly of a Ui'nion trrritorv
shall be enlitled to recrive such salaries and a!lo\~n~cccas runy
from time to time be determined by the Legislative Assembly of
the U:aon territory by Ialv and. until ~wovislonin th.-9 1 !,~Il:llf ia
so made, such salaries : u ~ dallowances as the Administrator may,
with the ~plxovalof the President, by order determine.

Extent o f Legislative power.

18. (11 Subject to the provisions of this Act, [he I_eg!slali~

e
Assembly of a Union territory may make laws for :he tvhole 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 Sevellth
Schedule to the Constilutioil in so far as any such matter is
applicable ill relation to Union territories.
( 2 ) Nothing in sub-section ( I ) shalI derogate f r o n ~the pon-el s
conferred on Parliament by the Constitution to nlr~hcIa\ts with
respect to an? matter for a Union territory or any part thrreol.

Exemlllion o f property o f tlze Crlion fronz taxn!rorr

19. The property of the Union shall. save in so FRI.

I'arlinment may fly law otherwise provide, be exempted frorr, nll t:\xe$
imposed 1)y or under ally law made by the Legislatit,re .\ssen~l)lv
of a Cnion lerritory or by or under any other law in force in a
Uniori territory :
35

Prov~cie~l
that nothing in this section shall, until Parllanient
by law otherwise provides, prevent any authority w-itllin s Cnion
territory i'l-oln levying any tax on any property of the 'LTniol~to
which sucli ~ ~ r o p e rwas
t y immediately before the commenct31::cnt of
the Constitution liable or tre,clted a s liahle, so long as ihnL tax continues to 1-w levied in that Union territory.

Restrictions on luws p(~s.sedby Legislative Assembly with

respect lo certuin matters.
20.
I The prbGisibns k i r t i c l e 288: irdcle 287 a n d Article
288 shall apply in relation to a n y iaw passed by the i.cgisl#
<I t'11.e
Asseml~lyo f a Union territory with res!lcct lo any of the n~iltters
referred LC* irl those articles as they apply in relation to any I:lw
passed by Lhe Legislaturr of a State with respect to thosc matters.]

- --

1. Renumbered and

inserted respectively by Act 83 of 1971 s. 5, w. cf.

J,GZ-l972.~Notn.
2. S. R 75 (E)--1S2-72.
_

1 [(2) The provisions of article

304 shall, with necessary

modifications, apply in relation to any law passed by the Legislative hsseinhly of a Union territory with respect to any ,171' the
matters rcl'rrred to in that article as they apply in relation to
any law p a ~ s e dby the Legislature of a State with respect to those
matters.]
Incotisi~!c.~cy
belween laws rnclde b y Par1inn)ent ant1 latvs
made by Legislatrue Assembly.
2 121. 11' any provision of a law made by the Legislative rlssenl-

bly of a C'11ion territory with respect to any matter enuineratetl in

the State i . i > L In the Seventh Schedulc to the Constitillion is repugnant to an\- provision of law made by Parliament wit11 respect to
Ihat matter. whether passed before or after the law made bs lhe
Lcgisla!it,e 4ssembIy of the Union territory. or. if any provision of
a law made by the Legislative .L\~s~mbly
of a Union territory n i t h
respect to any matter enumerated in tile Concurrent List in the
Seventh Sclledule to the Constitution is repugnant to any provision of any carber 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 tl:c case ma?
be, such c:~rlierla\\. shall prevail and the law made by thc Le;ris
lative ..lsscrnbly of the Union territory shall, to the esttbnt of the
repugnancy, be void :
Provitltbd that if such law made by the Legislative A\ssenlbly
oi the Union territory has been reserved for the consideration of
the Prcsid~ntand has received his assent, such law shall prr.v:ul
in that Union territory :
1. Renumbered and inserted respectively by Act 83 of 1971, s. 5,w.e.f. 16-2-1972-

Notn. G.S. R. 75 (E)-15 -2-1972.

2. Substituted by Act 29 of 1975 S. 4,w.e. f. 15-8-1975-S.O. 398 (E) 31-7-1975.

I'rovi,cle(f further that nothing in this section chall prcvcnt

Parliamenl iron1 enacting at any time any law with rcsl~ectto the
same matter including a lam adding to, amending, varslng or
rc~peallngillc: law so made hy the Legislative
Irnion territory.]

.Issembly of the

Saactior; o f the A/lnlir;istrator required for cerlnin li.!7i.~la!ic*e.

proposals.
22. No Bill or amendment shall be iotroduced into, or 1~3oved
in. the Legislative Assembly of a Union territory n r i t h ~ u t the
previous sanction of the Administrator. if such Rill or anlendnlent
makes prolision with respect to any of thc following muftcrs,
n ~ m e l y:-

(a) cc~nhtitutionand organisation of the court of

Commissioner :

tht.

Judic.i;il

(b) jurisdiction and powers of the court of the Judici:~lCommissioner wilh respect to any of the matters in the State List or
the Ccncul.le!~t List in the Seventh Schedule ;c, the Cor~.;tlt~!tinri

Special provisions as to financiai Bills.

23. (1; A Bill or amendment shall not be in:rocillct.t: into, or
moved In, t f i ~Legislati\~eAssembly of a Union territory csce1.t on
the recommer.dation of the Administrater, if such Bill or :tmcndv e n t ?lake$ :~rorisionfor any of the following matters. namely:---

(a) the imposition, abolition, remission. alteration or regulation of ar!v tau ;

(b) l l ~ camendment of the law with respect to an\ fi~isncial
obligalions undertaken or to be u:idei.talieil hy the Governn?crlt
of the ilnion territory ;

(c) the appropriation of moneys out of the Collsol~cl:~le~l

Fund of the Union territory ;
(dj the declaring of any exye~lditure to bc e.ul~elt(litu~~e
charged on the Consolidated Fund of the Union territorjl c?r
the ~ncreasingof the amount of any such espencl~lurc;
(e) the receipt of money on account of the Cnnsi~lic!atetl
Fund or" the Union territory or the cuslody or issrle o i s u c ? ~
money :
Pro\-ided that no recommendation shall be rec[ulrt.cl unrlrr
this sub-section for the moving of a n amendment malii~lg1,rovision for tile reduction or abolition of any tax.
(2) :I Sill o r amendment shall not be drenled fn nl:ike prn
..-ision for any of the matters aforesaid by reason only l h : ~ l it
provides for the imposition of fines or other pecuniary penalties.
or for the demand or payment of fc~esor fees for licences or fees
for servict:~rendered, or by reason that i t pro\ ides for the imposi.
tion, abolition. remission. alteration or regulation of any tax h?
any local authority or body for local purposes.
i3) '1 Hill which, if enacted and brought into operation.
\vould in1701veexpenditure from the Consolidrited Fund of il l'nion
of the
territory shall not be passed by the Legislalive .4sscn1~)l~r
Union territc~ryunless the Administrator has i ecommc'ncled tn that
Assembly the consideration of the Bill.

Procedure as io lapsing of Bills.

24. j 1 ) \ Bill pending in the Legislative Assembly o l a I:nion
territory sh;tll not lapse by reason of the prorogat~on of the
Assembly.
(2) .i Eill which is pending in the Lr*gisl:itivr: ;2c:ie~nbly o f
a Union territory shall lapse on a dissolutioil of the Assenlhlp.

Assent to Bills.
1 [25. \\'lien a Bill has been passed by the Legislative .i\s~;en~l~ly
i111<?
of a I'nion territory. it shall be presented to the A4dn~inistrator
the ,Administr:ltor shall declare either that he assents to the 13ill
or that he ~ t ~ t h h o l dassent
s
therefrom or that he rescr vcs the Lrill
for the consitleration of the President :

Provided ihat the Administrator may, as soon a s po.;sible

after the presentation of the Bill to him for assent. return the
Bill if it is not a Money Bill together \I-it11 : message rec~uesting
that the risscmbly will reconsider the Bill ur any spcci!~etlp i o \ i sions thercol' and, in particular, will cozlsider the desirahi!ity of
introducing any S L X ~amend~nentsas he may recon?nlend ill his
message and, \ ~ h c na Bill is so returned. the Asseml~lv\vill reconsider the F'111 accordingly, and if the Bill is passed again with or
I! ithcput ::n?c.ndment and presented to the Adn1in;~tratorfor ;tsset~t,
the .4dminlstrator shall declare either that Ile asse:~ts 11) ihc 1:;11
or thal hc reserves the Bill for the c o ~ ~ s i d c r a ~ iofo nthe i'rcs~dcnt:
Provlc'ecl further ihat the Administrator shall not ~ q s ~ nto.t
but shall reserve for the consideration of the President, any 13111
\xhich.-( a ) in the opinion of the =idministrator \I-ould. I: it hec.an~e
la\il, so derogate from the pnn-ers of the High C i ~ u r t :IS to
e n d a n g ~ rt!le position \vhich that Court is. by thc Const~tution.
designee! ti3 fill ; or

(b: rciates to any of the matters specified in c!zusc (1j of

a r t ~ c l e; l --I ; or
(c) the President may, by order. direct to be reserved for II!S
cunsldeixtiun ; ur
1. Substituted by Act 83

15-2-1972.

147,".
8

of 1911 s. 7, w.e.f. 16-2-1972. Notn. G.S.R. 75 (E-)

(d) relates to matters referred to i n sub-section i.5) oC section 7 01 section 1 7 or section 34 or sub-section ( G j of scction 45
o r in entry 1 or entry 2 of the State List in ihe Severltl~Schetlule
to the Col~stitution:
1'1-ovitic.ti also that ~vithoutprejudice to the p r ~ v i ~ i oof
i ~ t11e
s
becond proviso. the Adrni:i;stra:r:r sl~::ll not as5ent to 11ut 41:131
reserve for tkt consideration (:f the President, any Bill which i l ~ s
been passed by the Leg:slnti: e .-!ssembly
of the Union territory c:f
S4izoram an4 which relates io any area comprised iil any ;~ufr>Ilomous tllstrict in ihat Unio!l territory under the Sixth Schctl~rlr
to the Co~~stitution.
.Exp!cr;ution.-For
;he purposes o f this st3ct:o:~ ant1 s ~ c tion 25-A. a Fill shall be deemed to he a Money Rill 1: ~t conlains
only prorisions dealing ~ I t hall or any cf the mnticrs sl)cc*iljed
In sub-sectlon (1) of section 23 or nay matter incident31 to any of
these matters and, in either crse. there is c~~~clorsnc!
thrreori t l ~ e
certificate 01 the Spelkcr of t'le I,cgislaiive .lssembly signed by
him that 1 1 is a Xlonry Ei!l.]

125-A. T I hen n Bill is r e s c r ~ e dIIJ- an .irlministi-2Lor for thr?

consideration of the Prssidect. the I'rt~sidrltt s!tall dccl:lrc eiihcr
that he assr:s:s tc t ' i ~R'11 :)r tl.::i he n-'thhol~js.Issen: thcrrfrotq :
1

Provided thnt \T!IC:*C :e R:li is not a bloney Bill, the Presitlcnt

may direct the !,dministratar
to return the Eill to the
Legislative ilsscmbly together with such a message : I S is mentioned in tllr first ?rov:s-, to qccticn 25 m d , -x,hcn :I !:ill is srk
retnrned, !Ice Assemb:~s'l?:l re-consider it :icco?dingIy within :I

1. Substituted by Act 83 of
15-2-1 072,

1971 s. 7, w.e.f. 16-2-1972-Noh,. G.S.R. 75 (Ek

period of six 'mon:l~s from the date of receipt of such message

-,
and, if it is :\gain passed by the Assembly with or wiihvut amendment, it shall be presented again to the President for his consideraiion.1

Reqzzirenienfs as t o sunclion and recornmlerzdations to be

:eyarded as matters of procedure only.
26. No Act of the Legislative Assembly of a Urllon territory,
and nu p ; ( i ~ i s l oin
~ ~any such Act, shall be invalid by reason o111y
that sonlc, p~.evio~rs
sanction or recornmcndation required by this
. k t w . 1 ~not @en, if assent to thai .4ct was g i en1
~ [by the Adnii~listrator, or. on bei~lgreserved by the -4dministrator for tlle consideration of the I'rcsidenl, by the President.]

2;. ( 1 , 'The Administrator of each U n i ~ nterritory shall in

respect of ($1ery financial year cause to be laid before the Legislative Asscnlbly of the Union territory, with the pre\ ious approv:ll
of the Yrcside:lt, a statement of the cslimated receipts and evpendi
ture of the Ll~iollterritory for that year, in this Part referred to
as the "acnual financial statement".
( 2 ) ?'he estimates of espenditure embodied in the annual

iinan~ialstatement shall show separatelg(a) the sums required to meet expenditure descri1)etl by

this Act as expenditure charged upon the Consolidated Fund

of the I'nion territory, and
jb) the sums required to meet other expenditure proposed
to be made I'rom the Consolidated Fund of the Union territory ;
and shall c!istinguish expenditwe on revenue accouni from oLller
expend~ture.

1. Substituted by Act 29 of 1975 s. 5, w.e.f. 15-8-1975-S.O. 398 (E)-31-7-1975.

(3) She Sollowing expenditure shall be expend~lurec.h:~i.ged

on the Consolidated Fund of each Union territory :-- ( a \ the emoluments and allowances of the ,ldnlinistrator
and olllc-r expenditure relating to his office as determillet1 by
the Pres~dentby a general or special order ;
(b) t11e charges payable in respect of loans advallced to the
LTniclntewiiory from the Consolidated Fund of India i ~ ~ c l u t l i ~ l g
interest, sidiing I'und charges and redemption churgfs. and
other e:;l~cntiiture connected therewith ;

(cj the sa!arics and aIlo\vances of the Speilker dnd thc

Deputj S~:c.skcrc ~ fthe Legislative . ~ ~ s s c n ~ ;b l y
(d) c2:ipcnditure in respect of the salaries :und allo~vn~lces
of
a Judic~alCommissioner ;

(e) any sums required to satisfy an?- judgmeut. decree or

award or any court or nrbitral tril~unal;

( f ) eu1)clnditure incurred by the tidministrator ir! the Jischarge of his special resl>onsibil~ty;
(g) an> other expenditure declared by the Coitslitution or
by law- ~maile61 Parliament o r by the Lcgisldtive - \ s s P I T )of~ ~ ~
the Cnitr-i territory t o be so charged.
Procedure in Legislalive Assembly with respecl to eati~~?ate.*.

2s. (1) So much of the estimates as relates to cxlbcntlilure

charged cpon the Cons~liclated Fund of a Cnion tel-ritory sh:~ll
not be submilied to the vole of the Legislative Assembly of a I,nion
territory. lmt nothing in this sub-section shall be coristruerl as
preventing the discussion in the Legislative Assembly of any of
those eslimiites.

ture shall be submitted in the form or aemarias l o r gialria LU LIIG

Legislative Assembly, and the Legislative Assembly shall have
power to assent, or to refuse to assent, to any demand, or to assent
to any dernar~dsubject to a reduction of the amount specified
therein.

(3) No demand for a grant shall be made exce,,t

recommentlation of the Administrator.

on the

Appropriation Bills.
29. ( 1 ) r\s soon as may be after the grants under scctio~l38
have beell mlde b ~ the
'
-4ssemblg. there shall be introduced a Cill
to provide fur the appropriation out of the Consolidated I:und of
the Union territory of all moneys required to meet-

(a) the grants so made by the Assembly, and

(b) tlie expenditure charged on the Consolidaied Fund of
the Union territory but not exceeding in any case tIlc :inlou.lt
shown ira !he statement previously laid belore t11c A~sclnlbJy.
(2j ?;o -tmendment shall be proposed to any such Ell1 i,l the

Legislative Assembly n-hich \\-ill have the effect of varying the

amount 01 :d!ering the destinatioll of any grant so matte or of
varyi~tgthe amount of any ex~cxlditurecharged on tile Co~lsolidnted Fur.tl of the Union territory and the dtlcls~onof the person
presid~ng
,v
f?.
-a s lo whether an amendment is inadmissible under this
sub-sectioii
:
,..- , shall
. be final'.
. . .
A

<

13j Subject to the other provi:;ions of this .4ct, no money

shall be ~*:itlltlra\vn from the Consolidated Fund 01 the Cnion

territory esrept under appropriation made by lau7 passer1 in accordt~ncewith Ih(b provisions of this section.

30. (1) 'I'he Administrator shall(a) if the amount authorised by any la\\: matie in accordance with the pro17:sions of section 29 to be expended for a p r t l cular serncc for the current finailcia1 year is found to bc insu:;icient for the purposes of that year or when a need has ariscn
during l l ~ ecurrent financial pear for supplementary or a d d tional expenditure upon some new service not conten~plntedin
the annual Gnancial statenlent for that year, or
(b) i f any money hzs been spent on any service during a
financic,l year in excess of the amount granted for that service
and for that year,

csuse to be laid before the Legislative Assembly of the Union tcrritory, with the previous approval of the President, anotller statement shouing the estimated amount of that cspendi!ure or cause
to be presented to the Legislative =issembly of the Union territory
with such previous approval a demand for such escess. as the
case may be.
(2) The provisions of sections 27, 28 and 29 shall have effect
in relation Lo :my such ststement and expenditure or dellland and
also to any law to be made authorising the appropriation of
moneys out oi' the Consolidated Fund of the Cnion territory to
meet such expenditure or the grant in respect of such demand as
they have eil'ect in relation to the annual financial s)taten;eht ajld
the expenditure mentioned therein or to a demand icir a grant
and the law to be made for the autllorisntion of app:.ol)riation of
moneys out of the Consolidated Fund of the Union territory to
meet suc11 expenditure or grant.

\'otes on accounf.
31. (i Sotwithstanding anything in the foregoing provisions
of this Pari. the Legislative Assembly of a Union territory shall
have pon-cr lo make any grant in advance in respect of the estimated ealaenditure for a part of' any finar~cialyear pending the
completion uf the procedure prescribed in section 28 for the
~ o t i n gof such grant and the passing of the law in accordance
with the provisions of section 29 in relation to that expenditure
and the ic~gislali\reAssembly shall have power to authorise by
law the -.xithdrawal of moneys from the Consolidated Fund of
the C'niun territory for the purposes for whxh the said grant is
made.
( 2 \ 'I'he provisions of sections 28 and 29 shall h a r e elfect in
relation to the making of any grant under sub-section 11) or to
:any law 10 be made under that sub-section as they have ell'ect
in relatior? to the making of a gra~itwith regard to any expenditure mentioricd in the annual financial statement and the law to
be made for the authorisation of appropriation of monejs out of
the Consolidated Fund of the Union territory to meet sucli expenditure.

Aul!?orisation o f expenditure pending its sanction By

Legislative -4ssembly.

32. hotwithstanding 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 h period of not more than six months beginning with the
date of tlre constitution of the Consolidated Fund of the Gnion
territory, pending the sanction of such expenditure by the Legislative Asse~~lbiy
of the Union territory.
I.

, I I The Legislative Assembly of a Union territury may

make I-iies for regulating, subject to the provisions of this :!ct.
its procedlare and the conduct of its business :
z,.,
ad.

1'1or;tlcd that the .4dministrator shall, after consultation \vith

the Speakel of the Legislative .4ssc~mhly and with "l~cal)prcn.tl
of the President, make rules(a; lor securing the timely completion of financial business;
ibj for regulating the procedure of, and the collduct of
business in, the Legislative Assembly in relation to any financial
matter or to any Bill for the apyrupriation of m0nej.s out of
the Coiisolidaled Fund ~f the C ~ l i o ierritory
~i
;
(c) 101' prohibitiug the discussion of, or the asking of ques.

tions on, any matter v:hich aifects the discharge of the lunctions
of the Acinlinistrator in so far as he is required by this lct to
act in his discretion.

( 2 ) Lniil rules are made under sub-section ( l ) ,the r111es of

1)rocedure a,ld standing orders with respect to the Legislative

Asscmbly o f rlie State of Uttar Pradesh in force iri~~nediately

before the ccmniencement of this Act in any Union territoiy shall
have eirecl in relation to the Legislative -4ssembly of that Lnion
territory subject to such modifications and adaptations as n1ay be
made thert iri by the Administrator :

liProvl-dr!drtbatthe provisions of this sub-section shall :~pply

[Legislative Assemblies d the Union terric .. - - in r e l a t i o ~t ~ the
.
tt)ries nS Arunachal I'radesh and Mizoram] as if ft$r ihe dords
"the State of Lttar I'ratlesh", the words "the State of =\sssm"
had hecii subs;ituttcl.]

, -

1 . Added by Act 83 of 1971 s 8, w.e.f. 16-2-1972-G.S.R. 75 (E) dated 15-2-1972.

2. Subs. by Act 29 of 1975 s. 6. w. e f. 15-8-1975-S.

0. 398 >E)-31-7-1975

larcglzafie or lrrnqunges to be used in Legislalive As.set~?bl!l

thereof.

34. j j ,I 'I he Legislative Assembly of a Uilion teikriLor inay

I)? law acicipt ally one or more of the languages in use in the
Cnion t e ~ ~ i i o rory Hindi as the official language or ianguages to
Ije used for all or any of the official purposes of thc L ' J I ~ O I ~
tcrritory :
I'iovidcd that so long as the Legislative Assen~biy of tlie
L'nictn territory of Pondicherrg does not decide oiher\visr. the
I'rench language shall continue to he used as an ofiicial language
of' that C~lionterritory for the same official purposes for which it
was being used in that territory immediately before the cornmencemeitt of this -4ct :
Providecl further that the President Inay by ortlul- direct that the official language of the Union shal! he advpted
for sucll of the official purposes of the Union terrilc ry as may
be specified in the order ;
(1)

(ii) f h a t any other language shall also be adopted throughout

the Union territory or such part thereof for such of the omcinl
purposes of the Union territory as may be specified in the order,
if Lhe President is satisfied that'a substanthi proIol.tion ol' the
population of the Union territory desires the use nf thdt'hther
language tor all or any of such purposes.
t . - f

( 2 ) The business in the Legislative .4ssembly of a L~iion

territory shall be transacted in the official language 31 languages
.
of the Gnion territory or in Hindi or in English
:
-.
+
I

k'rovided that the Speaker of the J,egisIative Assembly or

person acting as sucli, as the case may be, may permit ally member
who cannot adequately express himself in any of the langu.~g.es
aforesaid to address the Assembly in his mother tongue.
Language to be used for ~Icls,Gills, ctc.
35. %ot\vithstanding anything contained in section 34, urlt~l
Pnrliamei~lby law othern-lse provides. the authoritative tests-.

(a) of all Bills to be introduced or amendments thereto to

be moved in the Leg;slaii\e Xssembly of a Union t ~ ~ r i t o r y .

(b; of all Acts passed by the Legislati\-e Assembly of a

Union territory, and
(c) (!i all orders. rules, regulations and bye-laws issued
under any i a \ ~made by the Legislative Assembly of a Union
territory,

shall be in the English language

Provided that where the Legislative Assembly of a Lr~ion
territory llus prescribed ally larlguage othcr than the English
language for use in Bills introduced in, or Acts passed by, the
Legislative ;Sssembly of the Union territory or in a i y order, rule,
regulation or bye-law issued under any law made uy the Idegislative Asscm1)ly of thc L i l i ~ nterritory, a translation of the same
in the English language published under the authority of the
Administrato~.in ,the Oficial Gazette shall be deemcd to be the
authoritative text-thereof in the English language.
' , . .
.J,

t:c

Reslriction on discussion in the Legislative ;Isse~nbly.

36. h o discussion shall lake place in the Legjslativc alssernbly
cf a bnion territory \vith 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.

Courts no1

to

inquire in10 proceedings of Legislative Il::sentblg.

37. (1) ?'he vnlidity of any proceedings in

t11r Legisl:rtive
.?ssembly (.I' a Union territory s h ~ ! lnot he called in question on
the ground of' any alleged irregularity of procedure.
( 2 ) 3'0 officer or ~nerntreroi' the 1-eglslati~e.JLssenlbly of ;1
I'ilion ierritc~i-yin w h o ~ npon-crs :?.re vesied by or ul~dcrthis Act
for regu1::ting procedcre cr the c m d u c t of husiness, or for maint ~ i n i n gcrr!rr in the L cgis!atirc -4ssernbly shall bc subject to tile
jurisdiction *)f any court in respect of Ihe escrcisc. b?- h i n ~of
those po1reI.s.

Definitions.
3s. i n this Part, u~llessLlle c,)ntcst othcr\vise rc~r~ilil-es
--

( a ) ":lssociate mexnber" m c ~ n sa mcr?lbcr :\sso~iatc>d

v.i:h
t%r De1;nlii:ltion Commission under section 42
[or wilh the
Elrctioll Cornnllssio!l under section 43-A] *[or section 13 C ] ;

( 5 ) "D~:limlLatic::l C:)mmissir)n" means !he Uc~lirnitation

C.on?mlss:o-~c:~rstitu~etlu!;dcr scction 3 of i h ~ Delimitation
Commissio:: .!ct. !9G3 (51 cf l 9 3 2 ) ;
1 [(bb) "Election Con~mission"means the Eleckion Conimiqsion appointed by the President under article 324 ;]

( c ) ''Intest census figarcs" nlran the c c ~ ~ s u figures

s
in a
Union territory ascertniacd at the latest census or v'hich the
finally published figures ore available ;
I . Inserted by Act 83 of 1971 s. 9 w.e.f. 16-2-1972-G.S.R. 75 (E) dated 15-2-1972,
2. Inserted by Act 20 of 1975: s. 7 w.e.f. 15-8-3 9 7 5 4 . 0 . 398 (El dated 33-7-1975.

(dj "parliamentary constituency" means a constitulc~!cy

provide< by law for the purpose of elections to Lhe Ilouse of the
People from a Union territory including the Union territury of
Delhi.

:lssenlbly conslilulion.
39. FOI the purpose of elections to the Legislati\-e .-lssenlbly

ol' a Union territory, the Union territory shall be divided into

single-member assembly constituencies in accordance :I-ith the
provisions of this Part in such manner that the population of each
of thc co~tstiiucnciesshall. so far as practicable, 11s tlie same
throuqhol~t 111c Cnion territory.

40. Tllcre shall be allotted one seat to the Union territor). of

P o n d ~ r h c r r yin Ihc Nousc of the People and that Union territory
shall form one p~rliamentnryronstitricncy.

1)uties o f Delimitairon Comnii:;sion.

I!. 1 1 ) It shall he the duty of thc Delimitation (;ummission-.
( a ) to delimit the assembly constituencies in each Lnion

territory. and
( b , to determine. on the basis of the latest ceilsus f i g ~ ~ r e s .
the nunll,er of seats to he reserved for the schedu:r:l castcs :)lid
for the sclieduled tribes in the Lc-gislative .4ssemLly of a l'nion
terrltor: otlier than the L'nion territory o f Goa, Da~,lauand Diu,
and thr. c.tnstiluencies in which these seats shall be so rclst$r\cd.

(21 It shall also be the duty of the Delimitation Commission-

(a) to readjust, on the basis of the latest census fiiu;e.s, tlie

division 01' each of the Union territories of ~,eli;'i,
I.:.*.]
2 f"* *''I into parliamentary constituci~c!cs. 3 :the nlilnber
being,?.]
[** ! " I ;

(hj to determine the constituency in nlnch thc scat sh:t!l be

reserved for the scheduled castes or for the scfirdu!ed tri!~es, :is
the case may be ; and
( c ; to divide the Pnion territory of Goa, 11,lrnan 2nd I ) I I I
into two single-member p:\rliamen:arg constituencies.

iissociate members.

42. (11 For the purpose of assisting the Iiclimitali,.~>C n n l t x i s

sion in I ~ Sduties, the Ilelimitation Co~nmissionsl~ail associate
with itself' -l a ) in respect of the Lnion 1crritni.y of Dplhi. .ill t l ~ cmr.nl
her3 of the I-Iousc of thr Pco1,lc rrprcscnting ih:!! i-:iion 11-.rritory ;

(c) in rckspect of thc Cnion territory of Goa. L)arnan ilnd

Diu t h t two mcmbers of tllc House of the Peoplr representing
that Union territory ;

.-

1. The wbrd "Hirnachal ~ r a d e s h " and !the figure "4" are omitted since Hirnachal
Pradesh has been established as a new State by Act 53 of 1970 s. 3 w.e.f
25-1-1971 viz. the appointed date.

2.

The words "Manipur and Tripura" and the figures and word "2 and 2" are
omitted since Manipur and Tripura have beeti e~tablished as new States b y
Act 81 of 1971 ss. 3 and 4, w.e.f. 21-1-1972 viz., the appointed date.

3. Substituted by Act 19 of 1966, s. 37 w. e f 13-6-1966.

4.

Omitted since Himachal PradesJ, and Manipur ard Tripuqa hav.e beep egtabli'
''
shed as new Stxtes by Act 53 of 1970. and 81 of 1971 respectively.

(d) in respect of the Union territory of Pondicherry, three

members of the Legislative Asseinbly of that Unior: territory to
be nominiited by the Speaker of the Assembly from anlong the
members thereof.
( 2 ) Ihe nomination of members of the severlil 1,egislati~e
.4ssenlblies under sub-section (1) sIlall be made by the respecti\ e
Speakers thereof as soon as practicable and sllall be cd~nlunicated
to thc Dcl:milation C~)~nlnission.
(3) if owing to tleath or resignntion the office of ill1 associate member falls vacant, it shall be filled as soon as practicable
under and i ! ~accordance with the foregoing provisions of this
section.

(4) Kone of the :rssociate members shall have the right 10

vote or to sign zny decision of the Delimitation Cominlssion.

Procedure as to delin!ilafion.
4:s. Tile provisions of scctions 7, 9. 10 a n d 11 of the Dclinli-

tation Co~l~nission
Act, 1962 (61 of 1962). shall applj. as far as
may be. in rekition to the delimitation of par1iament:lrp : ~ n d
assembly constituel~ciesuader this Part as t l ~ e yapply in relation
to the delimitation of parliamentary an:: assembly constituencies
under that .4cl.
Spcc~alprovisron {or delimitation o f consirtuenc~c.~
oj
,Wizorarn Lcgislalive Assembly.

1 143-.I ( 1 ) The provisions of sections 39 to 43 (both inclusix-e)

shall not ~ p p l vto the delimitation of constituencies fr:r the pur
pose of elections to the Legislative .Issembly of thc Lilion Lerritory of JIizoram.

1. Joscrted by Act 83 of 1971,

6.

10, w. e. f. 16-2-19724. S. R. 75 (Et15-2-1972.

16@

12) The Election Commission shall, in the manner hcrein

provided, distribute the seats assigned to the Legislat~veAssenlbly
of the 1Jnion territory of Xlizoram under sub-section (21 of section 3 to siugle-member assembly constituencies and delimit them
cn the basi.; of !he latest census figures having regard tf: the provisions of the Constitution and to the follo\ving pro\-isions : (a) all constituencies shall. as far as praclicahle, be geogrnphically compact areas ;
( b ) :n delimiting the constituencies. regard shall he had

to physical fealures, existing hou~ldariesof adlninistrntive units.

fscilitieg of communicatioll and public co~~venience.
( 3 ) l.or the purpose of assisting in the performance of its

Functions ~lndersub-section ( 2 ) . the Electioll

::~soci,!te with itself as ,-ssociate members--

Colnmission shall

( a ) rli the persons \vI~o,having becn elected to the I ~ g i s ldtive Asscrni)ly of t l ~ cState of Assam from the IJungleh, Aijnl
Eost and i i i jal \Vest territorial constituencies, are lnenlhers o f
that Asscmhly immediately before the day appointed under
clause \bj of section 2 of the North-Eastern Areas (ileorganisation) ;Id. 1971 181 of 1 9 7 1 ) ; and
(b) such three elected members of the District Council of
the Mizo District as the Chairman
thereof may ~lominate:
*,
,

Provided that none of the issociate members shail habe a right

to vole or sign any decision of the Election Con~mission.
( 4 ) i f . cwing to death or rrsignation. the oflice of an associate rnenlter falls vacant, it shall be filled. if practicable, in
accordance \ ~thi the provisions. of sub-section (3).

(5j The Election Commission shall-

( a ) publish its proposals for the delimitation of constituencies. together with the dissenting proposals, i f any. of any
associaic. member who desires publicatioll thereof in tllc Oflicial
Gazette 2nd in such other manner as the Commissiorl may considcr fit, tcxgether with a notice inviting objections and suggestions in relation to the proposals and specifying ri ciate ( n or
after wii:ch the proposals lvill be further considered by it ;
( b ) consider all objections and suggestions \vljich nlay 11:tva
beer. received by it before the date so specified ;

(c) sftcr consideration of objections and suggestions \ ~ h i c h

may haxr !wen received by it hefore the date so sprciflrd. cleter
m i ~ b?.
r one or more orders the delimitation of :onstituencirs
and causc such order or orders to be published i i ~tllc Oflicial
Gazette : ~ n upon
d
such publication. the order or ordrrs shall
h a ~ etiw full force of law and shall not be called in c;ucstion in

, G ) 'I'he Election Commission may. from time to time. by

notification in the Oficial Gazette,( a ) correct any printing mistake in any orcler i\:z;de u1;der
sub-scctitm ( 5 ) or any error arising therein from i ~ i a d ~ e r t e n t
slip or omission ;
(b) here the boundaries or name of any territorial dirision mentioned in any such order or orders are or is altcrcd.
make such amendments as appear to it to be arccssary or
csl>'idicnt for bringing such order up-to-dr!te.
( 7 ) L ~ e i yorder made under sub-section (5) and every notif~cat-onissued under sub-section ( 6 ) shall be laid as soon as may
be after i t is made or issued before the Legislative Assen11)ly of the
Union ten-ilory of hfizoram.

I .

162

(8) All things dcne, and all steps taken, before the commencement of this Act in the Union territory of Mizoram with a
vie\v to dclirniting the territorial constituencies of thrt Union
territory for purpo-es of elections to the Legislative llssembly of
ihat Union ierritory shall. in so far as they are in conformity
wilh the I'(~~.cgoing
provisions of this section. be deemed to have
1)een <lone 01. taken ulider those provisions as if those provisions
\\-ere ~n force at t l ~ etime such things ~5-eredone or such steps
\\-ere taken.]

Represenlalion o f Arunachal Pradesh in the House o/

t h e People.
1 [43-C

In tlle House of the People to be constituted after

the genera; c'lection to that House lo be held after the commencenlent of !be Government of Union Territories (Amendment) Act,
1975 alld t11cl.cafter. there shall be allotted t\vo seats to the Union
territory elf .%runachal Pradesh and the First Schedule to the

F>,eprc$entationof the PcopIe Act, 1950 shall be deemed to have

hcen nmel:de<l accordingly.]

Special J I I ouisions for delimitation o f Par!ianzenrat y Constil u c n c i ~ :in -1runaclzal Pradesh and Cons/iluencie.q o/
.irunachal Pradesh Legislative iissemblg.
The provisions of sections 39 to 43 (I.,oth inclusive)
shall not :~i)pl\.to the delimitation of parliamentary constituencies
i~the Union territory of Arunachal Pradesh or to the delimitation
.
,'*
of constltr~cnciesfor the purpose of elections to the Legislative
Assembly nf that Union territory.
1 r-13-C ( 1

-z

(2) The Election Commission shall divide the Union territory

of Arunachrtl Pradesh into two single-member parliamentary
constituencies on the basis of the latest census figures.

.--1. Inserted by Act 29 of 1975, s. 8, w.e.f. 15-8-1975-3.0. 398 (El-31-7-1975.,.

+.

(3) The Election Commission shall also in the rn-Inxler

herein provided distribute the seats assigned to the Legislati: e
Assembly of the Union territory of Arunachal Pradesh under subsection (2 1 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 :(a) till constituencies shall. as far as i~racticahlebe gt.ogr>
phicallj compact areas ;
(b) every assembly constituency shall be so delimiled as to
fall onl:: wiihin one parliamentary constiti~ency;

(c) in delimiting the constituencies. rclgard shall be hacl tr,

physical features, existing boundaries of admlnistralive units,
facilities of communication and public con\ e n i e n c ~ .

(4) For the purpose of assisting in the performance of its

functions under sub-sections (2) and (3). the Election Cfin~nlission
shall assoclatc. with itself as associate mem!~ers(a) the member of the House of the People representing t l ~ c
Unicn territory of Arunachal Pradesh ;

(bj such five members of the Legislalive -4sseml1ly of the

Union territory of !~runachal Pradesll as the Sveaker of that
Assembl>r shall, having regard to the compositios of lhc Legislative Assembly, nominate :
'r,fei*?o
-t

3f.7

>

Provided that none of the associate members shall have a

right to vote or sign any decision of the Election Commission.
I

I
I

(5) If owing to death or resignation, the office of a!l :~ssuciate member falls vacant, it shall be filled. if pmcticahlr. ill
uccordarice with the provisions of sub-section (4),

'

( 6 ) 'I he Plection donlmission shall-

'

.. >':
..

(a) jtuhlish its proposals for the delimilation of consti-:

tucilcies together with the dissenting proposals if any, of any
associate n~emberwho desires publication thereof in the OIBcial
Gazette and in such other manner as the Commission may consider fit, together wilh a notice inviting objections and suqgestions it1 relation to the proposals and specifying a date on or
after bvitich the proposals will be further considered by it ; ,
(b) consider all objections and suggestions which n ~ a yhave
been received by it before the date so specified ;

jcl s!ter consideration of objections and suggestions \\rhicli

11la!r hdvc been receiveci by it before the date so speciflctl, determine by one or more orders the delimitation of constituencies
and ca;lc;tl such order or orders to be published in t h e ' 0 ~ ~ c i a 1
Gazette : and upon such publication, the order or oitlers vhall
have thc full force of law and shall not be called inLquestion
in any court.
'
( 7 ) The Election Cotnmission may, from time to tilue, by
.
,
notification in the Ofllcial Gazette,-

(a, correct any printing mistake in any order made uilder

sub-section (6) or any error arising therein from inadvertent slip
or omissio~l;

(b)where the boundaries or name of'ang t'erritbrial division

mentioned in any such order or orders are or is altered; hake
such amendments as appear to it to be necessary or expedieht
for bringing such order up-to-date.
(8) Ej ery order made under sub-section (6) and cverjTnotifi-

cation i s a ~ e dunder sub-section (7) shall be laid

as $oon+as q ~ y ,
,
>-,

be after it is made or issued before the I-1ol;se of t:lc l'eoyle and

the Legislatiye ~ s s e m b l yof the Union teiritory of -4runachal
Pradesh.

(9) All things done, and all steps taken. befcie the commencement of this Act in the Union territory cli .21u11ac11:1i I'radesh
with :I view to delimiting the territorial collstituencies of th:it
Union territory for purposes of elections to the lJc.gi\li:t i \ e
Assembly of that Union territory shall, In so far as ilie~rare in
conformity with the foregoing provisions of this s e c l i c ~ lbc
~ . deemed to hare been done or taken under those provisions as if those
provisions -&ere in force at the time such things \%.eredone ur
such steps were taken.]
Special ~ ~ r o v i s i ofor
n determinuiiori of constirc~cncics:r; llte
Leyislalive Assembly o f Goa, D a n ~ n iand
~ Dir: /or
Scheduled Castes and Scheduled Tr. hcs.
1 i43-0. (1) The Election commission shall determine on tlre
hasis of the latest census figures-

ji) the number of seats to be reserved for tlic Scheduled

Castes and for the Scheduled Tribes in the Legislnti1.e .-Issembly
of the Union territory of Goa, Daman and Diu (herealter it1 this
section referred to as the Legislatiye Assembly) I-ia\ing regard
to the provisions of sub-section (5) of section 3 : a t ~ d

. I(ii)$
,,the, constitueyies
, .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 i l t o f section 9 of
the Delimitation Act and without altering t , ~ e estent of any
constituency as delimited by the Delimitation Conil:lission.
7.

--

1. ' Inserted by Act 86 df 1976, s. 3. w. e. f. 30-9-1976-8.

0.641 (E)-28-9-1976.

(a) publish its proposals for the determination ol the cc!nstituencles i r ~which seats shall be reserved for thc Scheduled
Castes or for the Scheduled Tribes, as the case may be, in the
Gazette of India and in the Official Gazette of the I:nion terri
tory of Coa Daman and Diu and also in such other manner
as tile Election Commission may coilsider fit, toga!lier with a
notice inviting objections and suggestions in rclation to the
proposals and specifying a date on or after wi~ichihe ~ r o p o s ' ~ l s
wil! be further considered by it ;
(b, consider all objections and suggestions v-hlrh nlay llnvc
bee11 rcccited by it before the date so specified ;
( c ) alter consideration of objections and ~uggeslionswhich
may have been received by it before [he date so spccliietI, dctermine bj (jne or more orders the number of seats to be resen ed
for the Scheduled Castes or for the Scheduled I'ribes, as the
case may be, in the Legislative Assembly and the constituencies
in n~hlchtl~oseseats shall be so reserved snd cause such order
or orders to be published in the Gazette of I n d i ~and in the

OfficiaI Gazette of the Union territory of Goa, Daman and Uiu;

and up011 such publication in the Gu:efte of India, the :):-der or
orders shall have the full force of law ana shall jlot be caIied
in question in any court and the Second Schedule to the Rci)resentation af the People Act, 1950 and the order made liy the
Delimilation Commission under section 9 of the Delimitation .Act
in ?elation to the Legislative Assembly shall be de'emed to h a \ e
been ar~lendedaccordingly.
(3) Subject to the provisions of sub-section ( 4 ) . the r ~ - : ~ d
justment o:' representation of any territorial constit~tencirsin the
Legislative .~ssemblynecessitated by ally order made by the

Election Co~nniissio~l
under this section, sllall apply in relation to
every election to the Legislative Assembly held after the publication in the Gazette o f India, under sub-section ( 2 ) , of such ~ ~ r d e r .

(4) Kctthing contained in the foregoing sub-sections sl1;111

affect the representation in the Legislative Assembly existing oil
the date of publication in the tiazelte o f India, under sub se.ction ( 2 ) . o l ilny order made by the Election Ccmmissinn.
(5) 'I'he Eleciion Commission may, from time to time, by
notification in the G a ~ e i t eo i India and in the Official Gazette of
the LTnionterritory of Lea, Daman and Uiu-

{a; correct any printing mistake in any order made under

sub-section (2) or any error arising therein lsom inadvertent
slip or omission ;
(bj where the boundaries or name of any territorial division
mentioned. in any such order are, or is, altered. make such
amend~ucntsas appear to it to be necefsary or expedient for
bringing such order up-to daie.

(6) Every order made under sub-section ( 2 ) and e\.ery notification issued under sub-section (5) shall be l a ~ d as
. soon as nlay
be, after it is made or issued before the Legislative Assenlbly.
Exp1ccnafion.-In this section(a) "Delimitation .4ctV means the Llelimitstiori Act, 1972 :
( b ) "1)elimitation Commission" means the Il)eliniitation
Commission constituted under section 3 of the Delin~itationAct ]

Council of Ministers.
4-1. ( 1 ; l'here shall be a Council of Xlin;sters ill each Union
terr~torywilh the Chief Millister as the head to aid and advise the
Admirtlstralor in the esercise of his functio~lsin relation to mailrtrs
with resycc t lo which the Legislative .4sscmblv oi' the [!llion
territory F.as power to make laws except in so far as hp i*jrc(1uired
by or und-r ihis Act to act in iiis discretion or by or ulldrr any
law to exercise any ju;licial or quasi-judicial functions :

Providen that, in case of dln'erence of opiiiion bclwccm the

.4dministr:lt~l and his hliilisters on any matter, the Atlmin!slr;ttor
shall refer ~t to the President for decision and act according 'to
the decislclr~ given thereon by the President, a n d pen.-ling such
decision it shall be competent for the Administratol. in ally case
where th2 lliztter is In his opinion so urgent t h s t it is necessary
for him to take immediate action, to take such action o r to give
such dircctir~~l
in the matter as he deems necessmy :

[Pro;ided further that in the Union territory of Jlizoram

every decis~oritaken by a Minister or by the Council of hlinisters
in relztion to any matter ccncernlng any area comprisetl in nny
autonomous district in that Union territory under the Sixth
Schedule to the Const~tutionshall be subject to the collturrence of
the Adminisirator .8nd'ndthing4 in this ' subab6tiori ' sdnt~be ' co&strued as preventing the Administrator in case of any clillerence
of oplniur. between him and his Ministers from taking such
action in respect of the administration of such area as he, i n 11;s
discretion, considers necessary.]
1

i ( ( 2 ) in the exercise of his functions, i (the Admi~~istriltoi

of
each of the 'clnion territories of Arunachal Pradesh and Mizoram)
shall have special responsibility for the secur~tyoi' the border
and for t t ~ a tpurpose he may issue such directions and take such
measures :is he may think necessary.]
1

(3) 11 :;ad in so far as any special responsibility of' the

Administratol is involved under this Act, he shall, in the exercise
of his functions, act in his discretion.

(4) If ariy question arises as to whether xny matter is or

is not a matter as respects which the Administrator is by or ur~dcr
this Act required to act in his discretion, the decision of the
Administrator thereon shall be final.
(5) li any question arises as to whether any matter is or
is not a matter as respects which the Administrator is required

by any law to exercise any judicial or quasi-judicial functions,

the decis~onof the Administrator thereon shall be final.
(6) ?'he question whether any, and if so what. advice was
tendered \g Ministers to the Administrator shall not he inquired
into in aI,y court.

Ofher provisions as to Ministers.

45. (1: rhe 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 ofice during the pleasure of

the President.

(3) 'I'lle Council of Ministers shall be collectivel~ rcsponsible to the I.egislative Assembly of the Union territory.
74) Before a Minister enters upon his office, the Administrator shall administer to him the oaths of office and o f secrecy
a.ccording to ihe forms set out for the purpose in the First
Schedule.
1.- Sub%by Act 83 of 1971,S. 11, W.e. f. 16-2-1972-G.S.R. 75 (E)-15-2-1972.

2. SUM.by Act 29 of 1975, 8 . 9,

W.

c. f. 15-8-1975s. 0. 398 (Ek31-7-1975.

(5) A Minister who for any period of six consec~itivemonths

is not a ~uemburof the ~egislati<e Assembly of the Union
territory shall at the expiration of the period cease' to be a
Minister.
(6) I'he salaries and allo\vances of hfinisters shall be such
ns the Legislative .lssen~bIy of the Union territory may from
t!rne to time by law delerlnine, and until the Legislalive Assembly
so (letel-mines, shall be determined by tlie Admi~listratorwit11 the

appro\~alof the I'resident.

Conduct of business.
46. ( 1 1 'Fhe President shall make rules--

( a ) for !he allocation of business to Lhe Ministers ; aud

(b) for the more con\.enient transaction of business with
the AIinislers includ~ngthe procedure to be adopter1 in the case
of a diil'c.rence of opinion between the rldministriltor and the
Council o; Idinisters or a liinister.
(2) Save as otlierwise provlded in this Act, sll executive
action of tile Administrator, whether taken on the advice ,of his
Ministers or other\\-ise, shall be expressed to be [&en in the name
of the ddministrator.
(3j Orders and other instruments made and esecuted in the
IlRnle of t l ~ cI:dministrator, shall be authenticated in such menner
as may be sl~ecifiedin rules to be made b) the Administrator,
and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not
a n order c r ilistrument made or executed by the ~dminis'trator: '
. ,.
. "- .
' , . .:. 2 - > r->. ,
?

PART V

,.

TRANSITIONAL
PROVISIONS
Consoliduied Fund o/ the L;nion territory.

MlSCELLAN@OUS AND

4 i . (1) As from such date as the Central Government may, by

notification in the Official Gazette, appoiilt in this behalf. all
revenues received in a Union territory by the Government of Indis

or the Adiilinistrator of the Union territory in relation to ally

~ilattcrwith respect to which the Legislative .4ssembly of the
l'nion tej-ntury has power to make laws, and all grant9 m.*tie
and all loans ndvanced to the Cnion terr~toryfrom ;he (:onsolldated Funtl of India and all moneys received by the I'riion tcrri
tory in repayment of loans shall form one Consoiidated Fund to
1.e entitled "the Consolidated Fund of the Union territov".
( 2 j :\o moneys out of the Consolidated Fund of a I'11ion
territory shali be appropriated except in accorc'lsncc with. nnti
for the purposes and in the manner provided in, this Act.
13) 'The custody of the Consolidated Fund of a I'ilion ierrltory, the payment of moneys into such Fund, the ~viLlitlra\~al
of
moneys tlierefrom and all other nlatters connecked with or ancillary to t!~ose matters shall be regu1atc.d by rules made Ly the
..2drninistratol. with the approval of the Presidenl.

Contingency F u ~ t dof the Cnion t e r r i t o r ~ ; .

48. ( I r l'here shall be established a Contingency Fund in tile
nature of an imprest to be entitled "the Contingencj Fund oi'
the Lnioil territory7' into which bhall be paid i r o ~ nant1 out GI'
the Conso:itlatcd Fund of the Union terntorj such s u n ~ sas may.
from time to Lime, be determined by law mace by ?he !,cgislati\c
Xssembly ol [he Union territory ; and the said Fund shnll be
held by the Administrator to enable advances to be made 1,y him
out of such Fund.
(2) S o z~dvancesshall be made out of the Contingency Fund
of the Union tgrritory except for the purposes of meeting urlfore
seen expenditure pending authorisation of such espenditure by
the Idegislative Assembly of the Union terntory under appropriations made by law.

(3) 'I'he Administrator may make rules regulating all mattcw

connected with or ancillary to the custody of, the payment of
moneys into, and the withdrawal of moneys from, the Contine e u p Fulld of the Union territory.

A udii rc-~or!~.,
49. 'The rcports of the Comptroller and Auditor-(;enera1 of
india rel:,fing to the accounts of a Union territory for any pel-ictd
suh,equent to the date referred Lo in sub-section (1) ol' section 4 7

shall he submitted to t ! Ailninistrator

~
who shall cause then1 tu bc
laid befole illc Legislative Assembly of the Union territory.

50. N~~twithstanding
anything in this Acl, the -4clministrator
and !lis Cnuncil of Ministers shall be under the general control of.
::nd comply with such particular directions, if a n y :IS nlay from
lime to time he given by, the President.
F

Prcr)i.iio~lin rase of failure of consiifutiontrl n~achinery.

.51. If tlic f'rcsident, on receipt of a report from the Admini

slrat.)~ of a I-'nion territory o r otherwise, is satisfied-( 3 ) th:lt a situation has arisen in \%-hichthe -4dn1inistratini1
(;I :he I'nio~iterritory cannot bc carried or: in acc*)rdluncc with
the provisions of this Act. o r

(;.I) tl?;~tfor the proper administration of the Union terri.

tory it is necessary or expedient so to do,

the President ma\', hy order suspend the operation of all or any

t ) f t h provisions
~
of this rlct 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 370.

1.

Omitted by Act 81 of 1971,s. 75,w.e f. 21-1-1972 riz.,appointed day under

the Act. Notification in GO1 Gazette Pt. 114. 3 (i) Ext. p. 57.

Provisions for election t o Parliament f r o m Goa. Llamnn

and Diu and Pondicherry.
55. (1) As soon as practicable after the commencement of this
. k t , elections shall be held in accordance with !sw-

(a\ to fill the seats in the House of the 'Seol)!e allotted to

the Union krritory of Goa. Daman and Diu ; and

jl~r to fill the seat in the House of the People and the seat
in the c:ouncil of States allotted to the Union territory of
Pondicl~erry.
(2) Sotwithstanding anything contained in nny other law
for the timc being in force, the members nominatecl to r c p r e s e ~ ~ t
the Union territory of Goa, Daman and Diu in the iiouse of the
People shali continue to be such until the election of the members
to fill tllc I\yo seats in that House allotted to that C'nion
territory :

Provided that where the dates of election of +hen~embcrsare

dilferent, the members so nominated shall cease to be members of
that Houae on the earlier of those two dates.

Exp!a:icrtion.--In this sub-section. the espressioll "date of

election" has the same meaning as in seclion 67.1 of the Representation of the People Act. 1951 (43 of 1951).
Transiliorza! proi~isionsfor aclminis~rationo f jusli:.~.in ct'rtc~in
areas i n the Union lerritory o f 3li:oram.
1154. On and from the commencement of this Act in the l n i o n
leriitorjt of- hfizoram 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 thnt Unicn territory
which arc not comprised in any autonomous disi~ictiindcr tl-tc
Sixth Schedule to the Constitution shall be carrier1 on, so far as
rnay be, in accordance with the provisions o i paragr. phs 4 nnd 5
1. Subs. by Act 83 of 1971 s. 12, w. e.f. 16-219724. S. R. 75 (Et-15-2-1972.

of that Schedule, as if those areas were comprised in an autonomous district under that Schedule and the provisions of the said
1)aragraphs were in force in those areas and for this purpose,( i ) r.11 powers and functions of a District Council under the
provisions of the said paragraph 4 shall be exercised and dis.
charged by the Administrator or any oficer appointed by him
in this behalf ;

(ii! the said paragraph 5 shall have effect as if references to

the District Council, the Regional Council and the courts constituted by the District Council, by whatever form of' words. 1ind
hcen omitted therefrom ; and
(iiil references to Governor in the said paragraplls 4 and 5
shall bc construed as references to the Administrw!or.]

Pror!ision as to provisional Legislative Assen:bly o/

-4runachal Pradesh.
1 /54-;\. 1) Notwithstanding anything contsined in this . k t
(including 1)rovisions relating to the strength of the Idegislati\e
.4ssembly of the Union territory of -4runachal P I . R ~ c suntil
~ ) the
1,egislativc Assembly of the Union territory of Arunachal I'radesh
has been duly constituted and summoned to meet for the first
session ulider and in accordance with the provisions of this Act.
there shtll bc a provisional Legislatire Assembly which shall
consist of members. being those persons referred to in clauses (bj,
(c) and :dj of section 3 of the North East Frontier Agency
(Admin1str:ttion) Supplementary Regulation, 1971 and who are
functioning immediately before the commencement of this Act in
the Union territory of Arunachal Pradesh, as kernhers f the
Pradesh Council constituted under the said section 3,
I

( 2 ) 1 he term of ofice of tho members of the provisional

Legislative Assembly shall expire immediately before the first
meeting of the Legislative Assembly duly constituted after the first
general election to that Assembly.
1. Ins. by Act 29 of 1975,s. 10,w. e. f. 15-8-19754.0. 398 (E)-31-7-1975.'

17s

'

(3) The provisional Legislative Assembly constituted u:~der

this section shall for so long as it is in existelice, be deeined to bc
the 1,egislative .4ssembly duly constituted under tllis Act and
according;) the other provisions of this Act, so far as may be.
:lpply in relation t:, the provisional Legislati\ e Assembly as they
apply in r e l ~ t i o nto the Legislative ~ssembly.]
Contracis and Suits.

the removal of doubts it is hercby declared that

--

(a; all contracts in connection with the t~drninistrationof

a Lrniori territory are contracts made in the exercise of the
executive power of the Union ;
(b) a!] suits and proceedings in connection wit11 the atlniinistration of a Union territory shall be instituted by or against the
Government of India.
.*as"

/'--

Power of President lo remorle difficullies.

56. !i any difficulty arises in relation to the transition from
the provisions of any of the lawe repealed by this : k t or in givi~:g
eITect to the provisions of this .4ct and, in l~artirttlar.in relation
to the constiiution of tile Legislatire Assembly lor any I ' n i o ~ ~
territory, the President may b:; order do an?-thingnot inconsislent
with the provisions of this Act lirhich appear to him to be ne:cSsary or expedient for the purpose of removiilg the diFf;.cully.
Amcndnzcnt to ceriuin enactmenlr.

57.

he Second Schedule

(a) shall, together with all rules, notiflcat'ions and orders

~ n a d ec,r issued thereunder, extend to and come into Pr~rccin
the Union territories of Goa. Daman and Diu, and I'ondic'tlerry;
and

(b! shdll be subject to the amendments ~neritioned in the

fourth column of the said Schedule. ,

I.
1

(2) All things done, and all steps taken, before tlie commencemel~tof this Act in connection with Ihe preparation or
revision af electoral rolls for the purpose of elections to tile ?louse
of the People from the Union territories of Goa, Datnan and Mu,
and Pondicherry, and to the Legislative Assemblies of those Vnion
teiritories shall. in so far as they are in conformity with the provisions of the Representation of the People Act, 1950 (43 ~f 1950),
ns amended Ly this Act, be deemed to have been do,:e i n nccord:trice with law.

Repeal and savings.

I

58. { I ) ?'he follo\ving laws are hereby repealed:(a) the Territorial Councils Act, 1!456 (103 of l!)56) ;

{b) the Decree No. 46-2381, dated the 261h OctcLer, 1946
as subsequently amended. relating to the Ficpresentative
Assemlily oi' the State of Pondicherry ;
(c) The Decree No. 47-1490, dated the 12th ;\ugust, 1!!47,
as subsequently amended, relating to the setting up of n
Councii of Government in tlie State of Pondicherry ;
(dl i'he State of Pondicherry (Representation of the
People! Order, 1955. in so far as it relates to the Hepresen1:itive
Assembly of Pondicherry.
'

(2) Notwithstanding the repeal of the Territorial Councils

Act, 1956 (103 of 1956),(a) e\ery oficer and other employee of the Territorial
Council of a Union territory serving under the Council imn~e. diately before such repeal shall become an Officer 9r other
emplovec? of Government and shall be enip1oyed in connection
with thp ~tlministrationof the Union territory with *ell design a t i b n k the Administrator may determine and shall hold omce
ancl on the
by the same tenure and at tlie same ~elnunerntiol~
same icrms and conditions of service as he \vould have hut
for sucll repeal held the same and shall coctinue i o do so unless
and until such tenure, remuneration and terms ant1 condilions
are duly altered by the Administrator :,
. - ... .,

,.*,.

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Provided that(i) the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be
altered to his disadvantnge without the previous sanction of
the Ceutral Government ;
(ii) any service rendered by any such officcr or oiher
ernployec before such repeal shall be deemed to be s e r ~ i c e
rendered in connection \vith the administ~ation of the Union
territory ;
(iii) the Administrator may enlploy any such oficer or
other eln:doyee in the discharge of silch functions ns the
Administrator may think proper and every such officer or other.
employee slid1 discharge those functions accordingly ;
(b) :~nythingdone or any action taken (including any
notifica!ion, order, scheme, rule, form, notice or bye-law made
or issued. ;u)y licence or permission granted) under the repealed Act s!:aIl in so far as it is not inconsistent with the provi.
sions of this Act, contizue in force uniess and unlil it is
superseded by anything dolie or any action taken in accordance
with law ;

(c) all debts, obligations and liabilities incurred, all contracts entered iato and ail ma!:ers and lhings engaged to be
done by. wit5 or for the Territorial Council before such repeal
shall be deemed to have been incurred, entered into or engaged
to be done in exercise of the executive power of the Union for
the pulpose of the administration of the Union territory ; .

.1

. (d) t l l assessments, valuations, measurenlents or divisions

made by the Territorial Council shall, in so far as they :ire not

inconsisten! with the provisions of this Act, continue in force
unless and until they are superseded by any :~ssessn:ent, valuation, nleasurement or division made by Lhe Administrator in

(el all properties, movable and immovable, and all interests

of whatsoever nature and kind, vested in the Territorial Council
immediately before such repeal shall, wilh all rights of whatsoever description, used. enjoyed or possessed by that Council,
vest in ihe Union for the purposes of the administration of the
Union territory ;
( f ) :dl rates, taxes, cesses, fees, rents, fares and o t l ~ e r
charges which inmediately before such repeal were being lawfully levied by the Territorial Council shall continue to be lcvied
at the same rate : i t which they mere being levied by the Council
immedi:~telybefore such repeal until provision to the contrary
is made by law ;

(g) all rates, taxes, cesses, fees. rents, fares and other
charges due to the Territorial Council immediately before such
repeal shall he deemed to be due to the Union in conner,tion with
the adnlinistration of the Union territory ;
(h) a11 suits, prosecutions and other legal :~roceedingsinstituted or which inight have been instituted by or against the
Territori:)] Council may be continued or instituted by cir against

the Gose~.nmentof India.

THE FIRST S C ~ E D U L E
[See sections 4 (a), 11 and 45 (4)]
E'ORhlS O F OATHS OR AFFIRIIATIONS
FORM O F OATH OR .%FFIRXfATION TO BE MADE BY 4
CANDID.4TE FOR EI,ECrrION '1'0 T I E
I,EGlSLA'TI\:E ASSEMBLY.

"I, A . B., having heen nominated as a candidate to fill a seat

in the Legislative Assembly of ...................................
do swear in the name of God/solemnly affirm that I \l7iIl bear
true faith and allegiance to the Constitution of India as by law
established i>nd that I will uphold the sovereignty and integrity
of India."

I1
FOHN OF OATH OR .4FFIR?.I.\TIOX TO BE M.\T)E 13Y h
?IE:Af BER O F THE I,EGISLA4TI\'E ASSEkIELY
O F -4 UNION 'I'ERRITORP.
"I. A. B.. l~a\.ing1 ~ c . nclectcd (or nominated) a member of
the Lcgislntive Assembly of ....................................
do swear in the name of God~solrmnlyaffirm that I will bear
true faith find allegiance to the Constitutio~lof India as by law
established, that I will uphold the so\-ereignty and integrity of
India and that 1 will faithfully discharge the duty lip011 which
I am about to enter."

111

FORM OF OATH O F OFFICE FOR A MEMBER OF THE

COL'NCIL O F hfIKISTERS OF A UNIOh I'ERRI'I'ORY.
"I, A. B., do swear in the name ol Cod/solemtily afl'inn that 1:
will bear true faith and allegiance to the Constitution c;f India as
by law established, that I will uphold the sovereignty and i~itcgrify

of India, thiit I tvih faithfully and conscientiously discharge my

duties as a Minister for the Union territory of .....................

and that I will do right to all manner of people i n , accordance
with the Constitution and the law ~vithoutfear or favotir, atreciion
or ill-will."

FORM OF OATH OF SECRECY FOR A hilEhlBER Ok' TIIE

COUNCIL OF h4INISTEHS OF A UXION TERPITORY.

I: A. E., do swear in the name of Godlsolemnly affirm that I

will not directly or indirectly conlmunicate or reveal to any person
or persons any matter which shall be brought under my consideration or shall become known to me as a hlinister for the Vi~ion
lerritory of ........................ escepl as may be required
for the due discharge of my duties as such Minister."

----

THE SECOKD SCIIEDULE

(See section 57)
Enactments Amended
(Not Printed)

----

GOYERNhlEST O F ISDI.4
Ministry of Home -4 /fair;.
New Delhi, 15th Fef~ruary,1972.
NOTIFICATlON

G. S. I?. 75 (E).-In exercise of the powers conferred by subsection (2) of section 1 of the Government of Union Territories
{Amendment) Act, 1971 (83 of l W l ) , the Central Ciovcrnment.
hereby appoints the 16th day of February, 1972 as the date on
whieh the provisions of the said Act shall come into force.
Special Secretary.
[F.11~5/'72-SIt).

.
.

Ministry o f Home Affairs.

New Delhi, the 31st July, 1955.

NOTIFICATION
t

S. 0.333 jE).-In exercise of the powers conferred by subsection ( 2 ) of section 1 of the Government of Union Territories
(-4mcndmentj Act, I975 (29 of 1975), the Central Government hereby appoints the 15th day of August, 1975 as the date on which the
said Act shall come into force.

A\linisiry o f Home r1ffair.v.

New Delhi, the 28th September, 1076.

SOTIFICATIOS

S . 0.641 (E).--In exercise of the po\vers conferred by subsection ( 2 ) of section 1 of the Government of LTniot~Territories
idmendmect) :kt, 1976 (86 of 19iG), the Central Goverlimcnt
hereby appoints the 301h day of September. 197C. as the date on
which the said Act shall come into force.
(No. U-11012/Si75-IJl'L)

li. K. PRAl:E.II;',
~\ddilronal Secretary.