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Union of India - Section

Section 58 in The Government Of Union Territories Act, 1963

58. Repeal and savings.

(1)The following laws are hereby repealed:--
(a)the Territorial Councils Act, 1956 (103 of 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 (103 of 1956),--
(a)every officer and other employee of the Territorial Council of [the Union territory] [Substituted by Act 18 of 1987, Section 65, for "a Union territory" (w.e.f. 30-5-1987)] serving under the Council immediately before such repeal shall become an officer or other employee of Government and shall be employed in connection with the administration of the Union territory with such designation as the Administrator may determine and shall hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have but for such repeal held the same and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Administrator:
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 disadvantage without the previous sanction of the Central Government;
(ii)any service rendered by any such officer or other employee before such repeal shall be deemed to be service rendered in connection with the administration of the Union territory;
(iii)the Administrator may employ any such officer or other employee in the discharge of such functions as the Administrator may think proper and every such officer or other employee shall discharge those functions accordingly;
(b)anything done or any action taken (including any notification, order, scheme, rule, form, notice or bye-law made or issued, any licence or permission granted) under the repealed Act shall in so far as it is not inconsistent with the provisions of this Act, continue in force unless and until it is superseded by anything done or any action taken in accordance with law;
(c)all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with 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 purposes of the administration of the Union territory;
(d)all assessments, valuations, measurements or divisions made by the Territorial Council shall, in so far as they are not inconsistent with the provisions of this Act, continue in force unless and until they are superseded by any assessment, valuation, measurement or division made by the Administrator in accordance with law;
(e)all properties, movable and immovable, and all interests of whatsoever nature and kind, vested in the Territorial Council immediately before such repeal shall, with all rights of whatsoever description, used, enjoyed or possessed by that Council, vest in the Union for the purposes of the administration of the Union territory;
(f)all rates, taxes, cesses, fees, rents, fares and other charges which immediately before such repeal were being lawfully levied by the Territorial Council shall continue to be levied at the same rate at which they were being levied by the Council immediately before 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 be deemed to be due to the Union in connection with the administration of the Union territory;
(h)all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Territorial Council may be continued or instituted by or against the Government of India.
THE FIRST SCHEDULE[See sections 4 (a), 11 and 45 (4)]FORMS OF OATHS OR AFFIRMATIONS IIForm 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 of do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India."IIForm of Oath or Affirmation to be made by a Member of the Legislative Assembly of a [Union territory] [Substituted fot the words " a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), Section 65(a) (30-51987) ]"I, A.B., having been elected (or nominated) a member of the Legislative Assembly of do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter."IIIForm of Oath of Office for a Member of the Council of Ministers of a [Union territory] [Substituted fot the words " a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), Section 65(a) (30-51987) ]"I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will 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 in accordance with the Constitution and the law without fear or favour, affection or ill-will."IVForm of Oath of Secrecy for a Member of the Council of Ministers of a [Union territory] [Substituted fot the words " a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), Section 65(a) (30-51987) ]"I, A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union territory of --------, except as may be required for the due discharge of my duties as such Minister."THE SECOND SCHEDULE(See section 57)ENACTMENTS AMENDED
Year Number Short title Amendments
1 2 3 4
1950 43 The Representation of the People Act, 1950 In section 4, in sub-section (I), the words "to Goa, Daman and Diu" shall be omitted.In section 13B, in sub-section (I) for the words " a Union territory" the words "the Union territory of Delhi" shall be submitted.In section 13D, in sub-section (I) and (2), for the words " a Union territory" the words "the Union territory of Delhi" shall be submitted.In section 27A(i) sub-section (2) shall be omitted;(ii) for sub-section(4), the following sub-section shall be substituted, namely:-"(4) The electoral college for each of the Union territories of Himachal Pradesh, Manipur, Tripura and Pondicherry shall consist of the elected members of the Legislative Assembly constituted for that territory under the Government of Union Territories Act, 1963."In the First Schedule,-(i) after the entry "24.Goa, Daman and Diu....2", the entry "25.Pondicherry....I" shall be inserted and the existing entry relating to North East Frontier Tract shall be renumbered as entry 26;(ii) for the total, the following total shall be substituted, namely:-"TOTAL...508".In the Second Schedule, after entry 15 relating to Nagaland, the following entries shall be inserted, namely:-"16.Himachal Pradesh4017.Manipur3018.Tripura3019.Goa, Daman and Diu3020.Pondicherry30"
1951 43 The Representation of the People Act, 1950 The Fifth Schedule shall be omitted.In section 4, the words "to Goa, Daman and Diu" shall be omitted;In section 15, in sub-section (2),-(i) For the words "the Governor", the words " the words "the Governor of Administrator, as the case may be" shall be substituted;(ii) in the proviso, the words and figures "or under the provisions of section 5 of the Government of Union Territories Act, 1963, as the case may be" shall be added at the end.In section 32, the words and figures "or under the provisions of section 5 of the Government of Union Territories Act, 1963, as the case may be" shall be added at the end.In section 36, in clause (a) of sub-section (2),(i) the word "and" occurring after the figures "191" shall be omitted;(ii) for the words and figure "Part II of this Act"., the words and figures "Part II of this Act, and sections 4 and 14 of the Government of Union Territories Act, 1963" shall be substituted.In section 55, the words and figures "or under the Government of Union Territories Act, 1963, as the case may be." Shall be added at the end.In section 100, in clause (a) of sub-section (I), after the words"this Act", the words and figures "or the Government of Union Territories Act,1963." Shall be inserted.
1956 37 The State Reorganisation Act, 1956 - In section 15of the States Reorganisation Act, 1956,-(i) in clause (d), after the word "Maharashtra", the words "and the Union territories of Dadra and Nagar Haveli and Goa, Daman and Diu" shall be inserted;(ii) in clause(e), after the word "Kerala", the words "and the Union territory of Pondicherry" shall be inserted.