Section 1323 in The Government Of Union Territories Act, 1963
1323.
Article 239-A of the Constitution introduced by the Constitution (Fourteenth Amendment) Act, 1962. enables Parliament to create by law Legislatures or Councils of Ministers or both in the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu., and Pondicherry. In pursuance thereof the present bill seeeks to establish Legislatures and also Council of Ministers in those territories broadly on the pattern of the scheme in force in some of the Part C States under the Government of Part C States Act, 1951, which was repealed by the States Reorganisation Act, 1956.Provision has been made in the Bill to allot one seat to the Union Territory of Pondicherry in the Hcuse of the People and for filling by direct election that seat as well as two seats allotted to the Union Territory of Goa. Daman and Diu now filled by nominated members. Provision has also been made for the delimitation of Parliamentary and Assembly constituencies in the several Union Territories (including the delimitation of parliamentary constituencies in the Union Territory of Delhi) by the Delimitation Commission recently set up under the Delimitation Commission Act, 1962.The Bill also seeks to amend the States Reorganisation Act, 1956, so as to provide representations to the Union Territories of Goa, Daman and Diu, Dadra and Nagar Haveli and Pondicherry in the Zonal Councils. - Gazette of India. 21-2-1963. Pt. II. Sec 2. Ext., page 75.Act 81 of 1971 :- On 3rd September 1970 it was announced in Parliament that Government had decided, in principle, to grant Statehood to Manipur and Tripura. Later, a similar announcement was made in respect of the autonomous State of Meghalaya, On further consideration Government have come to the conclusion that the Mizo District of Assam and the North-East Frontier Agency should also be separated from the State of Assam and made into Union territories to be known as Mizoram and Arunachal Pradesh, respectively.2. The Bill seeks to establish the new State of Manipur and Tripura, and form the new State of Meghalaya and the new Union territories of Mizoram and Arunachal Pradesh by reogranisation of the existing State of Assam. The Bill also seeks to define the territories of the new States and Union territories and makes the necessary supplemental, incidental and consequential provisions regarding representation in Parliament and in the Legislative Assemblies of the States and other matters. The Bill further provides for the constitution of a common High Court for all the States in the north-eastern region and a common Bar Council. The common High Court will also have jurisdiction in the new Union territories.3. As required by the proviso to Art. 3 of the Constitution, this Bill was referred by the President to the Legislature of the State of Assam for expression of its views.4. The notes on clauses explain in detail the various provisions of the Bill. Gas. of Ind.. 9-12-1971. Pt. 11, Section 2, Ext.. p. 1012.Act 29 of 1975 :- There has been a growing desire among the people of the Union territory of Arunachal Pradesh that(a) a Legislative Assembly and a Council of Ministers should be constituted in that Union territory;(b) the seats allotted to the Union territory in the Rajya Sabha and the Lok Sabha should he filled by election instead of by nomination as at present; and(c) with the introduction of direct elections the number of scats allotted to the Union territory in the Lok Sabha should be increased to two because of the difficult terrain and the vast area (83,578 sq. kms.) of the Union territory.The Bill seeks to achieve the aforesaid objectives through amendteent of the Government of Union Territories Act, 1963, the Representation of the People Act, 1950 and the Representation of the People Act, 1951.2. As delimitation of constituencies of the proposed Legislative Assembly and holding of elections mas take time, it is proposed that the Pradesh Council at present functioning in the Union territory shall function as the Legislative Assembly until the Assembly is duly constituted after the elections.3. The opportunity to amend the Government of Union Territories Act, 1963, is also proposed to be availed of to remove certain lacunae in Sections 21 and 26 of the said Act.4. The notes on clauses appended to this Bill explain in detail the main provisions of the Bill - Gazette of India, 15-4-1975, Pt. II Section 2, Ext., p. 307.Act 86 of 1976:- As Scheduled Castes and Scheduled Tribes had not been notified in relation to the Union territory of Goa, Daman and Diu when the Government of Union Territories Act, 1963, was enacted, no provision was made in that Act for reservation of seats for the Scheduled Castes and Scheduled Tribes in the Legislative Assembly of that Union territory. Scheduled Castes and Scheduled Tribes in relation to that Union territory were notified in 1968 and the population figures of these castes and tribes became available after the 1971 census. The Bill, therefore, seeks to amend the Government of Union Territories Act, 1963 to provide for the reservation of seats for the Scheduled Castes and Scheduled Tribes in the Legislative Assembly of the Union territory of Goa, Daman and Diu and to empower the Election Commission to determine the number of seats to be so reserved and the constituencies in which those seats shall be reserved. Opportunity is also being availed of to delete the provision for reservation for Scheduled Tribes in the Legislative Assembly of the Union territory of Pondicherry since no such tribes have been notified in relation to that Union territory. - Gazette of India. 27-5-1976, Pt. II, Section 2, Ext., p. 968.Act 1 of 1980 :- The Votes on Account passed by Parliament in respect of the Union territories of Pondicherry and Goa, Daman and Diu for the financial year 1979-80 were due to expire on 30th September, 1979 and 31st October. 1979, respectively. It was expected that the full budgets of these territories could be passed by their Legislative Assemblies, if reconstituted before those dates, or by Parliament. However, the Lok Sabha was dissolved on 22nd August, 1979 and it was decided that elections to the new Lok Sabha and the new Legislative Assemblies of Pondicherry and Goa, Daman and Diu should be held simultaneously in January, 1980.2. There was no provision in the Government of Union Territories Act, 1963 for authorising any expenditure from the Consolidated Funds of these territories in the absence of both the Assembly and Lok Sabha. Hence the President promulgated the Government of Union Territories (Amendment) Ordinance. 1979 (8 of 1979) on 25th September, 1979 for inserting in the said Act a provision, analogous to Article 357 (1) (c) of the Constitution, io the effect that, where the Legislative Assembly of a Union territory is dissolved, or its functioning as such Assembly remains suspended, on account of an order under Section 51 of the Act, it shall be competent for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of that Union territory pending the sanction of such expenditure by Parliament.3. The Bill seeks to replace the said Ordinance. Gazette of India, 23-1-1990. Pt. II, Section 2, Ext., p. 7.Act 19 of 1984 :- The Government of Union Territories Act, 1963, requires that for the purposes of elections to the Legislative Assembly of the Union territory of Goa, Daman and Diu, Pondicherry. Mizoram or Arunachal Pradesh, the Union territory shall be divided into single member constituencies in such manner that the population of each of the constituencies shall, as far as practicable, be the same throughout the Union territory. It also provides for delimitation of the constituencies, and for reservation of seats for the Scheduled Castes in the Legislative Assemblies of the Union territories of Goa, Daman and Diu and Pondicherry and for the Scheduled Tribes in the Legislative Assembly of the Union territory of Goa. Daman and Diu. The figures of 1981 census being available, it may be argued that it is necessary to delimit the constituencies for the purposes of elections to the Legislative Assemblies of these Union territories on the basis of the 1961 census. But as the process of delimitation of the constituencies is quite time consuming, and as the holding of elections to the Legislative Assemblies of some of the Union territories is urgently required in view of the expiration of the period of duration of the existing legislative Assemblies, it is necessary that elections are held to the Legislative Assemblies of these Union territories on the basis of existing constituencies, and reservation of seats for Scheduled Castes and Scheduled Tribes determined after the 1971 census, on the lints of similar provisions in the Constitution of India relating to elections of Parliament and Legislative Assemblies in the States. It is proposed to amend the Act suitably for this purpose.2. The period of duration of the existing Legislative Assembly of the Union territory of Mizoram is expiring in the month of May. The necessary notifications setting in motion the election process had therefore been issued already. As there is no reservation of seats either for the Scheduled Castes or for the Scheduled Tribes in the Legislative Assembly of Mizoram, the amendment providing for the conduct of elections on the basis of existing constituencies alone is proposed to be made retrospectively, and actions already taken for the purposes of elections to that Legislative Assembly are proposed to be validated.3. The Bill seeks to achieve the above objects.Act 24 of 1985:- With a view to combating the evil of political detections and preventing it from undermining the very foundations of own democracy and the principles which sustain it, parliament enacted the Constitution (Fifty-Second Amendment) Act, 1985, to include in the Constitution a new Schedule providing for disqualification on ground of defection for membership of Parliament and State Legislatures. This Bill seeks to amend the Government of Union Territories Act, 1963, to provide for a similar disqualification for membership of Legislative Assemblies of Union territories and to make the provisions as to disqualification on ground of defection contained in the said schedule applicable for the purpose.2. The Bill seeks to achieve the above object.[10th May, 1963.]An Act to provide for Legislative Assemblies and Councils of Ministers for certain Union territories and for certain other matters.BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:--
