 8m no 125 of 1978 the government of union territories (amendment) bill, 197'8 a billf~l1·th£r to a~nd the government of union territoties act, 1963, the remesentation of the people act, 1950 and the delhi development act, 1957 he it enacted by parliament in the twenty-ninth year of the repuh1ic of india as follows:-1 (1) this act may be called the government of union territories short title (amendment) act, 1978 and commence 5 (2) it shall come int:> force on such date as the central government ment may, by notification in the official gazette, appoint 20 of 1963 amendment of section l z in section 1 of the government of union territories act, 1963 (hereinafter referred to as the principal act), in sub-section (2), before the third proviso, the following proviso shall be inserted, namely:-10 "provided also that it shall come into force in the unio;, territory of delhi on such date, being a date not earlier than tht: date of commencement of the government of union territorie~ (amendment) act, 1978, as the central government may, by notification in the official gazette, appoint: " 15 3 in section 2 of the principal act, in subo-section (1), in clause (h), amendafter the words "union territories of", the word "delhi", shall be :~~i~:; inserted 4 in section 3 o'f the principal act,-amend mentof section 3 (i) for sub-section (2), the following sub-section shall be substituted, namely:-"(2) the total number of seats in the legislative assemb- 5 ly of a union territory to be filled by persons chosen by direct election shall be fifty-six in the case )f the legislative assembly of the union territory of delhi and thirty' in the case of the legislative assembly of any other union territory"; (ii) in sub-section (3), the words' "ther than the union territory of delhi" shall be inserted at the end; 10 (iii) in sub-sections (4) and (6), after the words "union territories of", the word "delhi," shall !be inser'ed; (iv) in sub-section (5), the following explanation shall be inserted at the end, namely:-'explan4tion-in this sub-section, the expression "popula- 15 tion" means the population as ascertained at the last preceding census of which the relevant figures have been published: provided that the reference in this expkmation to the "last preceding census of which the relevant figures have been published" shall, until the relevant figures for the first census 20 taken after the year 2000 have been published, be construed as a reference to the 1971 census' 5 afteor section 43d of the principal act the following sections shall be inserted, namely:-'43e (1) the provlslons of secti6ns 39 to 43 (both inclusive) as shall not apply to the delimitation of constituencies for the purposes of any elections to the legislative assembly of the union territory of delhi (2) the delimitation of parliamentary and assembly constituencies order, 1976, in so far as it relates to the metropolitan council 30 for the union territory d delhi, shall continue to be in force for the purpose of elections 10-insertion of new lections 43e and 43 f special provision :regarding delimitation of constituencies of legislative assembly of delhi (a) the legislative assembly of the union territory of delhi deemed to be duly constituted for that territory under section 54b; and 3s (b) every legislative assembly of that union territory to be constituted after the commencement of the governrnt"nt of union territories (amendment) act, 1978, as if every constituency provided for the purpose of elections to the metropolitan colulocil were an assembly constituency o£ ~e same 40 dame for the purpose of elections to the legislative assembly of the ,union territory of delhi and the seat reserved in any constituency of the metropolitan council for the scheduled cast~s were a seat reserved in the assembly constituency of the same name for those castes 45 explanation-in this section and in section 54b, "delimitation of parliamentary and assembly constituencies order 1976" rneadii 43 of 1950 the order of the election commission referred to in sub-section (1) of section 8 of the representation of the people act, 1950 5 43f notwithstanding anything contained in the foregoing provisions of this part or in any other law, until the relevant figures for the first census taken after the year 2000 have been published it shall not be necessary to readjust the division of each union territory into territorial constituencies and any refe'rence to the latest census figures in this p"rt shall be construed as a referenct: to the relevant figures fot the 1971 cef,sus' special provision as to readjustment of territorial constituencies 10 6 in section 44 of the principal act, in sub-section (1), after the amend_ second p'roviso, the following proviso shall be inserted, namely:-:;~~:~ 15 'provided also that in the union territory of delhi, every decision taken by a minister or by the council of ministers with respect to law and order including organisation and ~iscipline of the police force in that union terr~tory or with respect to any matter concerning new delhi shall be subject to the concurrence of the administratjf and nothing in this sub-section shall be construed as preventing the administrator in case of any difference of opinion between him and his ministers from taking any action with respect to the matters aforesaid as he, in his discretion, considers necessary 20 explanation-in the foregoing proviso, "new delhi" means the area within the boundaries described in the first schedule to the delhi municipal corporation act, 1957' 66 of 1957 7 after section 54a of the principal act, the following section shall 25 be inserted, namely:-insertion of aew section 54b 19 of 11166 30 prgvision4 as to provisional legislative assembly of delhl 35 '54b (1) in this section, "constituency" means a constituen('y provided wlder the delimitation of parliamentary and assembly constituencies order, 1976, for the purpose of elections to the metropolitan cowlcil of delhi constituted under the delhi ad· ministration act 1966 (2) notwithstanding anything contained in this act (including provisions relating to the strength and composition of the legisla,tive assembly 0:£ the union territory of delhi), until the legislative assembly of the union territory of delhi to be constituted after the commencement of the government of union territories (amendment) act, 1978, has been duly constituted and summoned to meet for the first session under and in accordance with the provisions of this act, the following provisions shall apply in relation to the legislative assembly of the union territory of delhi, namely:-40 (a) every constituency in existence immediately before the commencement of the government of union territories (amendment) act, 1978, shall, on and from such commencement, be deemed ta be an assembly constituency of the same name for the purpose of elections to the legislative assem· bly of the union territory of delhi under this section; 45 (b) the seat reserved in any constituency for the scheduled castes in the union territory of delhi shall be reserved in the assembly constituency of the same name for those castes; (c) every person wh:> immediately before such commence-5 ment is a member elected from a constituency to fill a seat in the metropolitan council for the union territory of delhi shall, on and from such commencement, represent the assembly constituency o! the same ~ame in the legislative assembly and shall be deemed b have been elected to the legislative assemb- 10 ly fr:>m that constituency; (d) this act shall have effect as if sub-section (3) of section 3 provided for nomination by the central government of not more than five persons, not being persons in the service of government, to be members of the legislative assembly of the 15 union territory of delhi and every person who immediately bebre the commencement of the government of union territories (amendment) act, 1978, is a member nominated to the metropolitan council for the union territory of delhi by the central government shall be deemed to have been nominated 20 by the central government to the legislative assembly, and accordingly on the commencement of the government of union territories (amendment) act, 1978, the legislative assembly of the union territory of delhi shall, without any further action or step being taken in this behalf, be deemed to be duly constituteci 25 and the other provisions of this act, so far as may be, apply in relation to a legislative assembly functioning under this section as they apply in relation to a legislative assembly constituted under and in accordance with the provisions of part ii (3) the period of five years referred to in section 5 shall, in 30 the case of the legislative assembly functioning under this section, be deemed to have commenced on the 28th june, 1977'  8 in the representation of the people act, 1950,-(i) in section 27a,-amend_ ment of act 43 of 1950 (a) sub-section (3) shall be omitted; 3s (b) in sub-section (4), after the words "union territorit!s of", the word "delhi," shall be inserted; (ii) in the second schedule, under the heading "ii union territories", after entry 1, the following entry shall be inserted, namely:-"1a delhi   56 g  to 9 in the delhi development act, 1957, in section 3, in 8ub-section (3), for clause (1) the following clause shall be substituted, namely:-amendment of act 61 of 1957 "(f) three representatives of the legislative assembly of delhi to be elected by the members of that assembly from among 45 themselves;" ftepeal 10, as from the commencement of the principal act in the union territory of delhi, the delhi administration act, 1966, shall stand repealed and the government of india, ministry of horne affairs order 19 of 1966 43 of 1951 no f 10i54166-sr, dated the 7th january, 1967, relating to the application of the representation of the people act, 1951 for elections to the metropolitan council of delhi, shall cease to have effect: 3 of 1951 provided that the provisions of part ii of the representation of the 5 pe~le act, 1951, shall not apply to any election which has been held uefore the commencement of the principal act in the union teltitory of delhi or to any election petition arising out of such election and any such petition shall be tried and all matters in connection with such election or such election petition- snau-be' regulated in accordance with 10 the provisions of the law in force immediately before such commencement in view of the demands for modifications in the existing constitutional and administrative al'rangements in the union territory of delhi, it is proposed to constitute a legislative assembly and a council of ministt:rs for that union territory the bill seeks to amend the government of union territories act, 1963 (hereinafter referred to as the act) suitably for this purpose 2 while bringing delhi within the purview of the act, it is proposed that there should be no nomination to the legislative assembly of that union territory accc>rdingly, section 3(3) of the act is being made inapplicable to delhi 3 considering the importance of new delhi as the seat of the central government and the police and law and order in the national capital, it is proposed to amend section 44 of the act to provide that any decision taken by the council of ministers in delhi with respect to these subjects will require the concurrence of the administl"8jtor 4 it is further proposed to provide that the metropolitan council of delhi including the nominated members thereof shall function as the provisional legislative assembly of that union territory for the remainder of the duration of the metropolitan council, on the lines of similar provisions made in the act in respect of certain union territories at the time of its enactment 5 consequent on the proposals mentioned above, the bill seeks· to repeal the delhi administration act, 1966, and to make certain amendments in the representation of the people act, 1950 and in the delhi development act, 1957 6 the opportunity to amend the act is also proposed to be availed of to bring the provisions thereof in line with the provisions of articles 170 (2) and 332 of the constitution, to provide that it shall not be necessary to readjust the division of each union territory into territorial constituencies or the representation of the scheduled castes and sheduled tribes therein, until the relevant figures for the first census taken after the year 2000 have been published 7 the bill seeks to cchieve the above objects president's recommendation under article 117 of the constitution of india [copy of letter no u-ll01411 i 78-u'tl, dated the 2nd august, 1978 from shri s d patil, minister of state in the ministry of home affairs to the secretary, lok sabha] the president, having been informed of the subject matter of the bill further to amend the government of union territories act, 1963, the representation of the people act, 1950 and the delhi development act, 1957, recommends under clauses (1) and (3) of article 117 of the constitution the introduction in, and consideration by, lok sabha of the said bill by virtue of the amendment proposed in clause 3 of the bill, the union territory of delhi will have a legislative assembly as provided in section 3 of the government of union territories act, 1963 and a council of ministers as provided in section 44 of that act 2 the expenditure on the administration of the union territory which is at present being met directly from the consolidated fund of india exceeds the revenue from the territory hence, as envisaged in section 47 (1) of the government of union terr~tories act, 19fi3, it will be necessary to give financial assistance to the territory by way of grants and loans every year from the consolidated fund of india the quantum of this assistance may vary from year to year depending on the size of the development programme and the revenue of the territory based 011 the' budget estimate of 1978-79 the quantum oti such assistance is likely to be of the order of about rs fifty-four crores, to begin with 3 the legislative assembly of delhi will have 56 seats to be filled by direct election from the same territorial constituencies from which members of the metropolitan council have been elected since the number of elected members of the metropolitan council is also 56, no additional expenditure is involved on account of holding elections in the future to constitute the legislative assembly under the act 4 the provisions of the bill referred to in paragraph 1 above will in· volve expenditure as under:-(i) salaries, etc, of ministers and their staff rs 800 lakhs (ii) salaries, etc, of speaker, dy speaker rs 275 lakhs (iii) salaries, etc, of mlas rs 450 lakhs (i'') other expenses of assembly secretariat rs 1186 lakhs total rs 2711 lakhs -  __ _--_--- ---an expenditure of the order of rs 1850 lakhs per annum is even now being incurred in respect of the &alary and allowances of executive councillors, chairman, deputy cha· rmsn and members of the metropolitan council and council secretariat the additional recurring expenditure involved will, therefnre be about rs 861 lakhs in addi~ion the law department of the delhi admin:stration will have to be strengthened by creation of additional posts involving an expenditure of about rs 3 lakhs per annum the total additional expenditure if the bill is enacted into law, is estimated to be about rs 1161 lakhs the bill will not involve any non-recurring expenditure  memorandum regarding delegated legislationclause 3 of the bill seeks to include the union  territqry of delhi alao along with the other union territories referred to in clause (h) of sub--section (1) of section 2 of the government of union territories act, 1963 (hereinafter referred to as the act) in consequence of this, the provisions of the act will apply to the union territory of delhi section 33 of the act empowers the legislative assembly of the union territory of delhi to make rules for regulating its procedure and conduct of business and provides that such rules relating to financial business may be made by the administrator in consultation with the speaker and with the approval of the president section 46 'of the act provides for the rules regarding the transaction of business with the ministers being made by the president and empowers the administrator to make rules prescribing the manner of authenticating the orders issued in his name section 47 (3) of the act provides for rules regarding the custody, etc;, of the conso1ida~ed fund being made by the administrator with the approval of the president and section 48 (3) of the act empowers the administrator to make similar rules regarding 'the contingency fund of the union territory the rules to be made under the aforesaid secjons of the act in relation to the trnion territory of delhi are of a procedural nature the delegation of legislative power is thus of a llormal character ~   lxtracts from the government of union territories act, 1963(20 of 1963) - - - - - 1 (1) - - - - - shol't title (2) it shall come into for~e on such date as the central government may, by notification in the official gazette, appoint: ~lnd commence_ ment provided that it shall come into force in the union territory of mizoram on such date, being a date not earlier than the date of commence-8a of 1971 ment of the government 01 unlon teorritories (amendmen~) act, 1971 as the central government may, by notification in the official gazette, appoint: provided further that it shall come into force in the union territory of arunachal pradesh on such date, being a date nq~ earlier than the date of commencement of the government of un on territories (amendment) a'::t, 1975, as the central govzrnment may, by notification in the ufficbl gazette, appoint: - - - - 2 (1) in this act, unless the context o1herwisq requires,-definitions and interpretation (h) "union territory" means any of the union territories of goa, daman and diu, pondicherry, mizoram and arunachal pradesh - - - - - 3 (1) - - - - - (2) the total number of seats in the legislative assembly of a union i~erritory to be filled by persons chosen by direct election shall be thirty (3) the central government may nominate not more '~han th,'ee persons not being perscns in 'the service of government, to be membei'3 of the leghdrtive assembly of a union territory legisla_ tive assemblies fllr union t·'rritories rnd their f'ornposi tion, (4) seats shall be reserved for the scheduled castes in the legislative assemblies of the union te!'!'itories of goa, daman and diu and pondiehprry, ~md fer the scheduled tribes in the legislativq aetie:nbly of the union territory of goa, daman and 'diu  (5) the number of seats reserved for the scheduled castes or the scheduled tribes in the legislative assembly of any union territory under sub-section (4) shall bear, as nearly as may be, the same proportion to the total number of seats in the assembly as the po,pulation of the scheduled c'asiies in the union territory or of the scheduled tribes in the union territory, as the case may be, in respect of which seats are ijo reserved, bears to the total population of the union territory, (6) notwithstanding any':hing in the foregoing provlslons of this section, the provisions relating tohe reservation of seats for the scheduled castes and the; scheduled tribes in the legislative assemblies of co",ncil of minis_ ters i~he uniqil territories of goa, daman and diu and pondicherry: shall cease to have effect on the same date on which the reservation of seats for the scheduled castes and the scheduled tribes in the house of '~he people shah cease to have effect under article 334: provided that no~hing in this sub-section shall affect any represen\tation in the legislation assembly of a union iterritory until the dissolution of the then existing assembly  - - - - - 44 (1) there shall be a council of ministers in each union territory with the chief minister at the head to aid and advise the administrator in the exercise of his f-unptions in relation to matters with respect to which the legislative assembly of the union territory has power to make laws except in so far as he is required by or under this act to act in his discretion or by or under any law to exercise any judicial or quasi-judicial func!ions: provided that, in case of diffel'ence of opinion between the administrator and his minis~e'rs on any matter, the administrator shall refer it to the president for decision and act according to the decision given thereon by the president, ond pending such decision it shall be (omp'etent for the administi'ator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary: provided further that in the union territory of mizoram every decision taken by a minister or by the council of ministers in relation to any matter concerning any area comprised in any autonomous district in the union territory under the sixth schedule to the constitution shall be subject to the concurrence of the administrator and nothing in this sub-section shall be construed as preventing the administrator in case of any diffei'ence of opinion between him and his ministers from taking su h action in respect of the administration of such area as he, in his discretion considers necessary - - - - -  extracts from 'i !je rei'r'!:sfn'fation 01'" the people act 1950(43 of 1950) - - - - - z7a (1) - , - - (3) the electoral college for the union territory of delhi shall consist of the elecied members of the mstropolitan council constituted for that terx'itory udder the delhi administntion act, 1966 constitution of eiectoral colleges for the filling of :;eats in the council of states allotted to union territo_ ries 28 of 1963 (4) the electoral college for each of the union territories of arunachal pradesh, mizoram and pondicherry shall consist of the elected members of the legislative assembly constituted for that territoi'y under the government of union territories act, 1963 - - - - -  extracts from tile dum d2velopmfnt act, 1957- 3 (1) - - - - (61 of 1957) - - - - - - - - - l'he delhi development authority (3) the authority shall consist of the following members, namely:-- - - - - (f) as and when the metropolitan council for the union territm-y of delhi is const:tuted three repre!lentatives of th8l~ council to be elected by the members of the council from among themselves, and unil that council is comi,'iuted, three representatives of the interim metropolitan council to be elected by the members of the interim metropolitan council from am(ln~ themselves; - - - - -  a billfurther to amend the government of union territories act, 1963, the representation of the people act, 1950 and the delhi development act, 1957 (shri s d patil, minister of state in the ministry of home adairs) 