State of Goa - Act
The Government of Union Territories Act, 1963
GOA
India
India
The Government of Union Territories Act, 1963
Act 20 of 1963
- Published on 10 May 1963
- Commenced on 10 May 1963
- [This is the version of this document from 10 May 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title and commencement.
2. Definitions and interpretation.
Part II – Legislative Assemblies
3. Legislative Assemblies for Union Territories and their composition.
4. Qualification for membership of Legislative Assembly.
- A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a Union territory unless he -5. Duration of Legislative Assemblies.
- The Legislative Assembly of a Union territory, unless sooner dissolved, shall continued for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly:Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation, has ceased to operate.6. Sessions of Legislative Assembly prorogation and dissolution.
7. Speaker and Deputy Speaker of Legislative Assembly.
8. Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
9. Right of Administrator to address and send messages to Legislative Assembly.
10. Rights of Ministers as respects Legislative Assembly.
- Every Minister shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the Union territory, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member, but shall not by virtue of this section be entitled to vote.11. Oath or affirmation by members.
- Every member of the Legislative Assembly of a Union territory shall, before taking his seat, make and subscribe before the Administrator, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the First Schedule.12. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum.
13. Vacation of seats.
14. Disqualifications for membership.
15. Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified.
- If a person sits or votes as a member of the Legislative Assembly of a Union territory before he has complied with the requirements of section 11 or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.16. Powers, privileges, etc. of members.
17. Salaries and allowances of members.
- Members of the Legislative Assembly of a Union territory shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislative Assembly of the Union territory by law and, until provision in that behalf is so made, such salaries and allowances as the Administrator may, with the approval of the President, by order determine.18. Extent of legislative power.
19. Exemption of property of the Union from taxation.
- The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the Legislative Assembly of a Union territory or by or under any other law in force in a Union territory:Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any authority within a Union territory from levying any tax on any property of the Union to which such property was immediately before the commencement of the Constitution liable or treated as liable, so long as that tax continues to be levied in that Union territory.20. Restrictions on laws passed by Legislative Assembly with respect to certain matters.
- The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly of a Union territory with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislative of a State with respect to those matters.21. Inconsistency between laws made by Parliament and laws made by Legislative Assembly.
- If any provision of a law made by the Legislative Assembly of a Union territory is repugnant to any provision of a law made by Parliament, then, the law made by Parliament, whether passed before or after the law made by the Legislative Assembly of the Union territory, shall prevail and the law made by the Legislative Assembly of the Union territory shall, to the extent of the repugnancy, be void.Explanation. - For the purposes of this section, the expression "law made by Parliament" shall not include any law which provides for the extension to the Union territory of any law in force in any other part of the territory of India or any law made before the commencement of this Act, in relation to any matter with respect to which the Legislative Assembly of the Union territory has power to make laws.22. Sanction of the Administrator required for certain legislative proposals.
- No Bill or amendment shall be introduced into, or moved in, the Legislative Assembly of a Union territory without the previous sanction of the Administrator, if such Bill or amendment makes provision with respect to any of the following matters, namely:-23. Special provisions as to financial Bills.
24. Procedure in as to lapsing of Bills.
25. Assent to Bills.
26. Requirements as to sanction and recommendations to be regarded as matters of procedure only.
- No Act of the Legislative Assembly of a Union territory, and no provision in any such Act, shall be invalid by reason only that same previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the President.27. Annual financial statement.
28. Procedure in Legislative Assembly with respect to estimates.
29. Appropriation Bills.
30. Supplementary, additional or excess grants.
31. Votes on account.
32. Authorisation of expenditure pending its sanction by Legislative Assembly.
- Notwithstanding anything in the foregoing provisions of this Part, the Administrator may authorise such expenditure from the Consolidated Fund of the Union territory as he deems necessary for a period of not more than six months beginning with the date of the constitution of the Consolidated Fund of the Union territory, pending the sanction of such expenditure by the Legislative Assembly of the Union territory.33. Rules of procedure.
34. Official language or languages of Union territory and language or languages to be used in Legislative Assembly thereof.
35. Language to be used for Acts, Bills, etc.
- Notwithstanding anything contained in section 34, until Parliament by law otherwise provides, the authoritative texts -36. Restriction on discussion in the Legislative Assembly.
- No discussion shall take place in the Legislative Assembly of a Union territory with respect to the conduct of any Judicial Commissioner of any judge of the Supreme Court or of a High Court in the discharge of his duties.37. Courts not to inquire into proceedings of Legislative Assembly.
Part III – Delimitation of Constituencies
38. Definitions.
- In this Part, unless the context otherwise requires,-39. Assembly constituencies.
- For the purpose of elections to the Legislative Assembly of a Union territory, the Union territory shall be divided into single-member assembly constituencies in accordance with the provisions of this Part in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Union territory.40. Representation of Pondicherry in the House of the People.
- There shall be allotted one seat to the Union territory of Pondicherry in the House of the people and that Union territory shall form one parliamentary constituency.41. Duties of Delimitation Commission.
42. Associate members.
43. Procedure as to delimitation.
- The provisions of sections 7, 9, 10 and 11 of the Delimitation Commission Act, 1962, shall apply, as far as may be in relation to the delimitation of parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of parliamentary and assembly constituencies under that Act.Part IV – Council of Ministers
44. Council of Ministers.
45. Other provisions as to Ministers.
46. Conduct of business.
Part V – Miscellaneous and Transitional Provisions
47. Consolidated Fund of the Union territory.
48. Contingency Fund of the Union territory.
49. Audit reports.
- The reports of the Comptroller and Auditor-General of India relating to the accounts of a Union territory for any period subsequent to the date referred to in sub-section (1) of section 47 shall be submitted to the Administrator who shall cause them to be laid before the Legislative Assembly of the Union territory.50. Relation of Administrator and his Ministers to President.
- Notwithstanding anything in this Act, the Administrator and his Council of Ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the President.51. Provision in case of failure of constitutional machinery.
- If the President, on receipt of a report from the Administrator of a Union territory or otherwise, is satisfied -52. Special provision for Hill Areas of Manipur.
53. Provisions for election to Parliament from Goa, Daman and Diu, and Pondicherry.
54. Provisions as to provisional Legislative Assembly of certain Union territories.
55. Contracts and suits.
- For the removal of doubts it is hereby declared that -56. Power of President to remove difficulties.
- If any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this Act or in giving effect to the provisions of this Act and, in particular, in relation to the constitution of the Legislative Assembly for any Union territory, the President may by order do anything not inconsistent with the provisions of this Act which appear to him to be necessary or expedient for the .purpose of removing the difficulty.57. Amendment to certain enactments.
58. Repeal and savings.
| "I, A. B., having been nominated as a candidate to fill a seat in the Legislative Assembly of| do swear in the name of Godsolemnly affirm |
| "I, A. B., having been elected (or nominated) a member of the Legislative Assembly of| do swear in the name of Godsolemnly affirm |
| "I, A. B.,| do swear in the name of Godsolemnly affirm| that I will bear true faith and allegiance to the Constitution of India as by faith established, |
| "I, A. B.,| do swear in the name of Godsolemnly affirm| that I will not directly or indirectly communicate or reveal to any person or persons |
| Year | Number | Short title | Amendments |
| 1 | 2 | 3 | 4 |
| 1950 | 43 | The Representation of the People Act, 1950. | In section 4, in sub-section (l),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 "theUnion territory of Delhi" shall be substituted.In section 13D, in sub-sections (1)and (2), for the words "a Union territory", the words"the Union territory of Delhi" shall be substituted.In section 27A,-(i)sub-section (2) shall be omitted;(ii) forsub-section (4), the following sub-section shall be substituted,namely: -"(4) Theelectoral college for each of the Union territories of HimachalPradesh, Manipur, Tripura and Pondicherry shall consist of theelected members of the Legislative Assembly constituted for thatterritory under the Government of Union Territories Act, 1963."In the First Schedule,-(i) after theentry "24. Goa, Daman and Diu … 2", the entry"25. Pondicherry … …. 1" shall beinserted and the existing entry relating to North East FrontierTract shall be renumbered as entry 26;(ii) for thetotal, the following total shall be substituted, namely:-"TOTAL …………..508". |
| 1950 | 43 | The Representation of the People Act, 1950. | In the Second Schedule, after entry15 relating to Nagaland, the following entries shall be inserted,namely:-"16. Himachal Pradesh ……………4017. Manipur ………………………3018. Tripura ……………………….3019. Goa, Daman and Diu ………....3020. Pondicherry …………………..30".The Fifth Schedule shall be omitted. |
| 1951 | 43 | The Representation of the People Act, 1951. | In section 4, the words "toGoa, Daman. and Diu" shall be omitted;In section 15, in sub-section (2),-(i) for thewords "the Governor" the words "the Governor orAdministrator, as the case may be" shall be substituted;(ii) in theproviso, the words and figures "or under the provisions ofsection 5 of the Government of Union Territories Act, 1963., asthe case may be" shall be added at the end.In section 32 the words and figures"or under the provisions of the Government of UnionTerritories Act, 1963, as the case may be." shall be addedat the end.In section 36, in clause (a) ofsub-section (2),-(i) the word"and" occurring after the figures "191" shallbe omitted;(ii) for thewords and figure "Part II of this Act", the words andfigures "Part II of this Act, and sections 4 and 14 of theGovernment of Union Territories Act, 1963" shall besubstituted.In section 55, the words andfigures "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 thewords "this Act", the words and figures "or theGovernment of Union Territories Act, 1963." shall beinserted. |
| 1956 | 37 | The States Reorganisation Act, 1956. | In section 15 of the StatesReoganisation Act, 1956,-(i) in clause(d), after the word "Maharashtra", the words "andthe Union territories of Dadra and Nagar Haveli and Goa, Damanand Diu" shall be inserted;(ii) in clause (e), after the word"Kerela", words "and the Union territory ofPondicherry" shall be inserted. |