 bill, 1963 arrangement of clauses party pdldcnary1 short title and commencement 2 definitions and interpretation  partn3 legillative assemblies for union territories and their cem position 4 qualification for membership of legislative assembly 5~ duration of legislative assemblies 8 sessions of legislative assembly, prorogation and dtssoiu· tion 7 speaker and deputy speaker of legislative assembly 8 speaker or deputy speaker not to preside while a resolution for his removal from oftlce ia under consideration 9 right of administrator to address and send messages w lejislative ~ly   10 rights of the administrator and ministers as reipeets leglj-iative assembly 11 oath or affirmation by members 13,  voting in" auembly, power of al8embly to act notwith-8tandidi vaeancles and quorum 13 vuon of at& 14 disquawlcationa for membership 1& penalty for bitting and votinj before making oath or afbrmation or when not qualifted or when disquawled 18 powers, privileges, etc, of members it salaries and allowances of members 18 extent of legislative power 19 exemption of property of the union from taxation 20 restrictions on laws pasaed by legislative assembly with respect to certain matters 21 inconsistency between lawi made by parliament and lawl made by legislative assembly 22 sanction of the adminiatrator requjrecl for oertaiil jegialative proposals 21 special provisions as to ftnandal bllla 2t procedure u to lapatd' eifbillj 25 allent to billa 28 requirements u to sanction and recommendations to be regarded" u matters of procedure only 27 annual ftnancial statement 28 procedure in legislative allembly w:1tii respect to mumates ~~ appj:opriation billa 30 supplementary, additional or excels grants 31 votaoll account 32 authorlsatlon of expenditure pending its sanction by legillatlve assembly 33 rules of procedure at oftletal langua,e or languages of union tenltory and language or languases to be uaecl in lepjiittft ~bly l1wreef 35 language to be used for acts, bula, etc - h restriction on discuuiod in the lelillauve auemwy 3t courts not to inquire into proceeclinp of legislative auem bl)' ('   partmdaimltation or consiitodcii8 38 deftnitiodi 39 asaembly eonstituej'lcies 40 repreaentation of pondicherry in the houle of the people 41 dutlet of delimitation commission 42 auoeiate members 43 procedure u to del1m1tation  part iv cotnfcil of mdnsti:rs44 council of minister • 45 other provisions as to ministers 48 conduct of business  part vmisc:aialaous and tralfsmonal paovisiors 47 consolidated fund of the union territory 48 contingency fund of the union territory g audit reports so relation of administrator and his ministers to president 51 provision in case of failure of constitutional machinery 52 special proviaion for hill area of manipur 53 provisions for election to parliament from goa, daman and diu, and pondicherry m provisions as to provisional leg1slative assemblies of en-tain union territories 55 contracts and suits 58 power of president to remove cwilcultiel 57 amendment of certain enactment& 58 repeal and savings the first schedule the second schedule  lok  sabracorbigenda to the government of union ter~itories bill, 1963 (to be/as introduced in lok sabha) - 1 page 5, in the marginal heading to clause 12,-!2!: "powe if read "power" 2 page 21, in the marginal heading to clause 50,-for "minister " read "ministers" 3 page 27, line 25,-for "license" read "licence" 4 page 27, line 26,-for "inconsistnt" read "inconsistent" 5 page 29, line 15,-for "mide" read "made" pto 6 page 30, line 2,-for "from" read "form" 7 page 31, line 37,-" it , after "the total" insert 8 page 4~, line 16,-for "39524" read 1f39524" -9 correct line numbers on pages 1, 3, __ 4, - 5~-6-f 30 31 and 32 new delhi, february 20, ,1963 phalguna 1, 1884 (saka~ bill to promde for legtrlative aljembliea and couftcils of minilter for certain union t'erritorie and for certain other matter, be it enacted by parliament in the fourteenth year of the republic of india as follows:- part i prei,iminary5 1 (1) this act may be called the government of union territo- shott title ria act, 1963 and commedtcmcnt (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint: provided that ,different dates may be appoillted for different provi-10 slons of this act and for different union territories and any reference in any such provision to the commencement of this act shall be  donstrued as a reference to the coming into force of that provision, 2 (1) in this act, unless the context otherwise requires,-deftnitiodi and idter-(a) cladministrator" means the administrator of a union pfttatioa f 1, territory; (b) clarticle" means an article of the constitution; (c) "assembly constituency" means a constituency provided under this act for the purpose of elections to the legislatwe asiembly of a unjon territory; (d) "election commission" means the electton,commilsion appointed by the president under article 324; (e) "judicial commissioner" includes an additional judicial commissioner; (f) "scheduled castes" in relation to a union territory mean - such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes in relation to that union territory; (g) "scheduled tribes" in relation to a union territory mean such tribes or tribal communities or parts of or groups within 10 such tribes or tribal communities as are deemed under article 342 to be scheduled tribes in relation to that union tenitory; (h) "union territcry" means any of the union territories of himachal pradesh, manipur, trlpura, goa, damaa and diu, and pondicherry 15 (2) any reference in this act to laws made by parliament iha1l be construed as including a reference to ordinances promulgated by the president under article 123 and a referece to rellllationa made by the president under article 240  part ii20  legislative assemblieslcsi~lative 3 (1) there shall be - legislative assembly for f!~h unloa terri-assemblies t for union ory territories le as and their (2) the tctal number of seats in the gislative sembly of a cof;dpotition union territory to be filled by persons chosen ,by atz:ect election:a5 shall be forty in the case of the union tenitory of himachal pradesh and thirty in the case of any other union territory (3) the central government may ~ominate not more than two persons, not being persons in the service of government, to be members of the legislative assembly of a union territory 30 (4) seats shall be reserved for the scheduled cades iathe legislative assembly of each of the union territories of himachal pradesh and pondicherry (5) the number of seats to be reserved for the scheduled castes in the legislative assembly of any union territory under sub-lec- 3' tion (4) shall bear, as nelu'ly as may be, the same proportion to the total number of seats in the assembly to be filled by persons chosen by direct election as the population of the scheduled castes in the union territory bears to the total population of that union territory: provided that the determidation of the number of eats reserved for the scheduled castes as aforesaid shall not aftect the compwlitlon of the then existhlg assembly untn the dilbolution ·of that assembly " a person shall not be qualified to be chosen to fill a seat in the fiouawlcatiod or mem-, legislative assembly of a union territory unless hebersbil? of lel!sla-(4) is a citizen of india and makes and subscribes before tive assemlome person authorised in that behalf by the election commis- bjy sion an oath or affirmation according to the form set out for the purpose in the first schedule; 10 (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law s the legislative assembly of a union territory, unless sooner duration of is dissolved, shan continue for five years from the date appointed for ~~~~~lj~: its first meeting and no longer, and the expiration of the said period of five years shah operate as a dissoluticn of the assembly: provided that the said period may, while a prockimation 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 ao a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate  • (1) the admidistrator shall, from time to time, summon the sess!o" • of legislative assembly to meet at such time and place as he thinks fit, ~~;!b\;~ bat liz months shall not intervene between its last sitting in one prodrodpti~? d the firs ·· an isio",-seaton an date appointed for its t sitting in the next session tion :as (2) the administrator may, from time to time,-(4) prorogue the assembly; (b) dissolve the assembly  , (1) every legislative assembly shall, as soon as may be, choose speaker and 30 two members of the assembly to be respectively speaker and de- deputy puty speaker thereof and, so often as the office of speaker or deputy ~:~~:: speaker becomes vaeant, the anembly shall choose another member a&sembly to be speabr or deputy speaker, as the case may be (2) a member holding office as speaker or deputy speaker of an aslembly--35 (4) shall vacate hw oftlce if he ceases to be a member of the ~bl3r  (b) may at any time by writing under his hand addrelsed, if such member is the speaker, to the deputy speaker, and if web member 1& the deputy speaker, to the speaker, resign b1j oftlce; (c) may be removed from his oftlce by a resolution of the s assembly 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 at least fourteen days' notice has been given of the intention to move the resolution: 10 provided further that whenever the assembly is dissolved, the speaker shan 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 oftlce shall be performed by the deputy speaker or, if the office of deputy is speaker is also vacant, by such member of the assembly as may be determined by the rules of procedure of the assembly (4) during the ebsence of the speaker from any sitting of the assembly, the deputy speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, 20 if no such person is present, such other person as may be determined by the assembly, shall act as speaker (5) there shall be paid to the speaker and the dl'pnty speaker of the legislative assembly such salaries and adowanees as may be respectively fixed by the iegislative assembly of the 1tnlnn territory 25 by law and, nntll provision in that behalf is 10 made sueh salaries and allowances as the administrator may, with the approval of the president, by order determlae speaker or 8 (1) at any sitting of the legislative assembly, while any reso-~;!k?r not lution for the removal of the speaker from his office is under con- 30 to elreide _hi c reso- sideration, the speaker, or while any resolution for the removal of lution for the deputy speaker from his office is under consideration, the deputy his removal speaker, shan not, though he is present, preside and the provisions from ofticc h is under of sub-section (4) of section 7 shall apply in relation to every sue  ':onsidcralitting as they apply in relation to a sitting from which the speaker 3s lion b or, as the cue may be, the deputy speaker is a sent - (2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly whlle any resolution for his remowl from oface 1s under eonsideration in the assejbly 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  s 9 (1) the administrator may address the legislative assembly rightor and may for that pm-pose require the attendtance of members adininiltrator to (2) the administrator may also send messages to the assembly adddre8sesand sen m •• -whether with respect to a bill then pending in the assembly or ~ , t • otherwise, and when a message is so sent, the assembly shall with ~:i;e 10 all convenient dispatch consider any matter required by the message to be baken into consideration 10 the administrator and every minister shall have the right to rights o~  speak in, and otherwise to take part in the proceedings of, the ::to~d=" legislative assembly of the union territory, and to speak in, and ministen ii is otherwise to take part in the proceedings of, any committee of the l::=ve legislative assembly of which he may be named a member, but assembly shall not by virtue of this section be entitled to vote 11 every member of the legislative assembly of a union terri- oath or, tory shall, before taking his seat, make and subscribe before the ad- ~~::~l:~ 20 ministrator, 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 (1) save as otherwise provided in this act, all questions voting in at any sitting of the legislative assembly of a union territory shall ~:n:riy, 25 be determined by a majority of votes of the members present and assembly: to  h act not wlthvoting other than the speaker or person acting as sue  staoding viqiiices (2) the speaker or ,person acting as such shall not vote in the first and quoru;n instance but shall have and exercise a casting vote in the case of an equality of votes (3) the legislative assembly of a union territory shall have 30 power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislative assembly of a union territory shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled 1i0 to do, sat or 3s voted or otherwise took part in the proceedings (4) the quorum to constitute a meeting of the legislative assembly of a union territory shall be ten members or one-third of the total number of members of the assembly, whichever is greater ,  2631 (b) ls-2  - (s) if at any time during a meeting of the legislati~e assembiy of a union territory there is no quorum, it shall be the duty of the speaker, or person acting as such, either to adjourn the assembly or to suspend the meeting until there is a quorum v_ion of seats 13 (1) no person shall be a member both of parliament and of s the legislative assembly of a union territory and if a person is chosen a member both of parliament and of such assembly, then, at the expiration of such period as may be specified in the rules made by the president, that person's seat in parliament shall become vacant, unless he has previously resigned his seat in the legislative assembly 10 of the union territory (2) if a member of the legislative assembly of a union terrltory~ (a) becomes subject to any disqualification mentioned in section 14 for membership of the assembly, or is (b) resigns his seat by writing under his hand addressed to the speaker, his seat shall thereupon become vacant (3) if for a period of sixty days a member of the legislative assembly of a union territory is without permission of the assem- 20 bly absent from all meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days, no account shall be taken of any period during which the assembly is prorogued or is adjourned for more than four consecutive days 2s disquali-14 (1) a person shall be disqualified for being chosen as, and for fications for being, a member of the legislative assembly of a union territorymember-ibip (a) if he holds any office of profit under the government of india or the gdvernment of any state or the government of any union territory, other than an office declared by law made 30 'by parliament or by the legislative assembly of the union territory not to disqualify its holder; or (b) if he is for the time being disqualified for being chosen as and for being, a member of either house of parliament under - the provisions of sub-clause (b), sub-clause (c) or sub-clause 35 (d), of clause (1) of article 102 or of any law made in pursuance of that article  ,(2) for the purposes of this s~ction, a person hall not be deemed to hold an office of profit under the government of india or the government of any state or the government of any union territory by reason only that he is a minister either for the union or for such s state or union territory~ (3) if any question arises as to whether a member of the legislative assembly of a union territory has become disqualified for being such a member under the provisions of sub-section (1), the question shall be referred for the decision of the president and his 10 decision shall be final (4) before giving any decision on any such question, the president shall obtain the opinion of the election commission and shall act according to such opinion 15 if a person sits or votes as a member of the legislative assem- ~ty,':[ is bly of a union territory before he has complied with the require- ~~=d ments of section 11 or when he knows that he is not qualified or =~c oath that he is disqualified for memlbership thereof, he shall be liable in or ~­respect of each day on which he! so sits or votes to a penalty of five ~~ ~~ali:: hundred rupees to be recovered as a debt due to the union or w'tcn disqualified 20 16 (1) subject to the provisions of this act and to the rules and powr8• standing orders regulating the procedure of the legislative assem- ::~:l :rs, bly, there shail be freedom of speech in the legislative assembly of mcmben every union territory: (2) no member of the legislative assembly of a union territory 2s shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of such assembly of any report,paper, votes or proceedings 30 (3) in other respects, the powers, privileges and immunities of the legislative assembly of a union territory and of the members and the committees thereof shall be such as are for the time being enjoyed by the house of the people and its members and committees (4) the provisions of sub-sections (1), (2) and (3) shall apply 35 in relation to persons who by virtue of this act have the right to speak in, and otherwise to take part in the proceedings of, the legis- - lative assembly of a union territory or any committee thereof as they apply in relation to memhe:rs of that asiembly ~:~:f 17 members of the legislative assembly of a union territory members shall be entitled to receive ~ut:h salaries and allowanepos ~5 may from time to time be determined hy the legislative assembly of the union territory by law and, until provision in that ltehalf is so made, such salaries and allowances as the administrator may, with the approva~ s of the president, by order determine eztentof lqislative power 18 (1) subject to the provisions of this act, the legislative assemhly of a union territory may make laws for the whole or any part of the union territory with respect to any of the matters enumerated in the state list or in the concurrent list in so far as 10 any such matter is applicable in relation to union territories (2) !nothing in sub-section (1) shall derogate from the powers conferred on parliament by the constitution to make laws with res· pect to any matter for a union territory or any part thereof ~ption 19 the property of the union shall, save in so far as parliament is off=~d may by law otherwise providc', be exempted from all taxes imposed [{om taaby or under any law made by the legislative assembly of a union od 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 terri- 20 tory 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 zoo the provisions of article 286, article 287 and article 288 shall zs 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 legislature of a state with respect to those matters restrictions on laws passed by le&islative assembly with respect to certain matters inconsisten-21 if any provision of a law made by the legislative assembly 30 f!w~:'d: of a union territory is repugnant to any provision of a law made by by parlia-parliament, then, the law made by parliament, whether passed =t~e 'before or after the law made by the legislative assembly of the '!y ubisla-union territory, shall prevail and the law made by the legislative ~l;' asacm- assembly of the union territory shall, to the extent of the repug- 3s nancy, 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  s 22 nobill or amendment shall be introduced into, or moved in, sanction of the legislative assembly of a union territory without the previous the adminls-- trator resanction of the administrator, if such bill or amendment makes qui red for provision with respect to any of the following matters, namely: _ cclatrtain lesia-, ive proposals (a) constitution and organisation of the court of the judicial 10 commissioner; , (b) jurisdiction and powers of the court of the judicial commissioner with respect to any of the matters in the state list or in the concurrent list 23 (1) a bill or amendment shall not be introduced into, or special pro-is moved in, the legislative assembly of a union territory except on ~~ions~sto the recommendation of the administrator, if such bill or amend- b~~ ment makes provision for any of the following matters, namely:-(a) the imposition, ~bolition, remission, alteration or regulation of any tax;  20 (b) the amendment of the law with respect to any financial obligations underlaken or to be undertaken by the government of the union territory; (e) the appropriation of moneys out of the consolidated fund of the union territory;' 25 (d) the declaring of any expenditure to be expenditure charged on the consolidated fund of the union territory or the increasing of the amount of any such expenditure: (e) the receipt of money on account of the consolidated fund of the union territory or the custody or issue of such 30 money: provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax (2) a bill or amendment shall not ·be deemed to make provision 3s for any of the matters aforesaid by reason only that it provides for - - - the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the imposition, abolition, remission: alteration or regulation of any tax by any local authority or body for local purp()ses (3) a bill whieh, if enacted and brought into operation, would involve expenditure from the consolidated fund of a union territory shall not 'be passed by th~ legislative assembly of the union territory unless the administrator has recommended to that assembly the consideration of the bill:, 10 procedure  -to~sina of bids 14 (1) a bill pending in the legislative assembly of a union territory shall not lapse by reason of the prorogation of the assembly (2) a bill which is pending in the legislative assembly of a union territory shall lapse on a dissolution of the a~sembly assent to bioi z5 (1) when a bill has been passed by the legislative assembly is of a union territory, it shall be presented to the administrator and the administrator shall reserve the bill' for the consideration of the president (2) when a bill is reserved by an administrator for the consideration of the president, the president shall declare either that he 20 assents to the bill or that he withholds assent therefrom: provided that the president may direct the administrator to return the bill to the legislative assembly together with a message requesting that the assembly will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirabi- 25 lity of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the assemblvshl'lll rpconsider it accordingly within a period of six months from the date of receipt of such messa~e and, if it is a~ain passed bv the assemblv with or without amendment, it shall be presented again to the presl- 30 dent for his consideration requ're-z6 no act of the le,nslative assemblv of a union territory, and :::;o~8 ~ no provision in any such act, shall be invalid by reason only that recollullcdda- some previous sanction or recommendation required by this act was tions to be  h a  b th pr 'd t reprded  not given, if assent to t at ct wa,s given y e est en  3s marten of procedure' odly annual financial ltatement 27 (1) the administrator of each union territory shall in respect of every financial year cause to be laid before the legislative asc;em-"bly of the union territory, with the previous approval of the president, a statement of the estimated receipts and expenditure of the union terraory for that year, in this part referred to as the i'annual financial statement", , (2) the estimates of expenditure embodied in the annual financial statement shall show separately-5 (a) the sums required to meet expenditure described by this act as expenditure charged upon the consolidated fund of the union territory, and (b) the sums required to meet other expenditure proposed to be made from the consolidated fund of the union territory; 10 and shall distinguish expenditure on revenue account from other expenditure: i (3) the following expenditure shall be expenditure charged on the consolidated fund of each union territory:-(a) the emoluments and allowances of the administrator is and other expenditure relating to his oflice as determined by the president by general or special order; (b) the charges payable in respect of loans advanced to the union territory from the consolidated fund of india including interest, sinking fund charges and redemption charges, and other 20 expenditure connected therewith; (c) the salaries and allowances of the speaker and the deputy speaker of the legislative assembly; (d) expenditure in respect of the salaries and allowances of a judicial commissioner;' 25 (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (f) expenditure incurred :by the administrator in the discharge of his special responsibility; 30  (g) any other expenditure declared by the constitution or by law made by parliament or by the legislative assembly of the union territory to be so charged 28 (1) so much of the estimates as relates to expenditure charg- proc:ed~re in ed upon the consolidated fund of a union territory shall not be sub- ~~i;e mitted to the vote of the legislative assembly of a union territory, with ~pect 35 but nothing in this bulb-section shall be construed as preventing the 10 estimata discussion in the legislative assembly of any of those estimates  ( (2) so much of the said estimates as relates to otbt=r expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein 5 (3) no demand for a grant shall be made except on the recommendation of the administrator approp'riatiod bius 29 (1) as soon as may be after the grants under section 28 have been made by the assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the union 10 territory of all moneys required to meet-(a) the grants so made by the assembly, and (b) the expenditure charged on the consolidated fund of the union territory but not exceeding in any case the amount shown in the statement previously laid before the assembly 15 (2) no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of the union territory and the decision of the person presiding 20 as to whether an amendment is inadmis;iblc under this sub-section shall be final (3) subject to the other provision~ of this act, no money shall be withdrawn from the consolidated fund of the union territory except under appropriation made by law passed in accordance with the 25 provisions of this section 30 (1) the administrator shall-supplemed-tary [dditio08lor cehirad'~ (a) if the amount authorised by any law made in accordance with the provisions of section 29 to be expended for a particular service for the current financial year is found to be insufficient 30 for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual  financial statement for that year, or (b) if any money has been spent on any service during a 35 financial year in excess of the amount granted for that sei'vlce and for that year, - cause to be laid before the legislative assembly of the union territory, with the previous approval of the president, another statement showing the estimated amount of that expenditure or ~ause to be presented to the legislative assembly of the union territory with such previous approval a demand for such excess, as the case may be $ (2) the provisions of sections 27, 28 and 29 shall have effect in relation to any such statement and expenditure or demand and· also to any law to be made auth:jrising the appropriation of moneys out of the consolidated fund of the union territory to meet such expenditure or the grant in respect of such demand as they have effect in 10 relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the union territory to meet such expenditure or grant 31 (1) notwithstanding anything in the foregoing provisions of votes od is this part, the legislative assembly of a union territory shall have accowlt power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 28 for the voting of such grant and the passing of the law in accordance with the provisions of bec-20 tion 29 in relation to that expenditure and the legislative assembly shall have power to authorise by law the withdrawal of moneys from the consolidated fund of the union territory for the purposes for which the said grant is made (2) the provisions of sections 28 and 29 shall have effect in rela-2s tion to the making of any grant under sub-section (1) or to any law to be made under that sub-section as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund 30 of the union territory to meet such expenditure 32 notwithstanding anything in the foregoing provisions of thi!j ~tho:isl­part, the administrator may authorise such expenditure from the ~:d~tu:· consolidated fund of the union territory as he deems necessary for pend~dllb'ts h· thbe" ihhd thsldctlony a period of not more t an six mon s ginning w t t e ate of e leaislativc 3s constitution of the consolidated fund of the union territory, pending assembly the sanction of such expenditure by the legislative assembly of the union territory   2831 (b) ~ ~\:  ,~ • ;: - - ilules of procedure  33 (1) the legislative assembly of a union territory 'may jmke ntles for regulating, subject to the provisions of this act, its pl'0c8-4ure aha the conduct of its business: provided that the administrator shall after consultation with the speaker of the legislative assembly and with the approval of the , prestc1ent, make rules-(4) for securing the timely completion of financial 'buaineilll; (b) for regulating the procedure of, and the conduct of business in, the legislative assembly in relation to any 'finalld1il 'matter or to any bill for the appropriation ofmoneyllout of • 10 consoudated pund of the union territory c(t) 'until 'rules are made under sub-section (1), the rules ·of, ,procedure and standing orders with respect to the legislative assembly ot the state of uttar pradesh in force immediately before the commencement of this act ,in any union territory shall have effect in is nia:tion to the legislative assembly of that union territory  subject to':suchmodifications and adaptations 'as may be made therein by the administrator ofilcfll 14 notwithstanding anything in part xvn of the constituuon ~es but 'subject to the provisions of article 348-ao ~t~~,n (a) the legislative assembly of a 'union terrttory may 'by :cs ja~: law adopt any one or more o~ the languages in use in 'the union to be u:?rn territory or hmdi as the official language or languages to be'um!c! ~~:; for all or any of the official purposes of the union territory: tbchof provided that so long as the legislative assembly of the 2s union territory of pondicherry does not decide othetwtse, 'the french languago! shall continue to be used as an o'ftlebu'language of that union territory for the same omcial p~s for which it was being used in that territory immediately'befctre the commencement of this act: provided further that the president may by order direct-(i) that the official language of the union shall be adopted for such of the official purposes of theunioh territory as may be specified in the order;  (it) that any other language shallo8llo ,be ildopted 35 throughout the union territory· or such·part ·thereof for -such of 'the ofbclal purposes of the union territory as may be specified in the order, if the president is satiatied ·that - iubst\mtial proportion of the population of the union terzi tory desires the use of that other language for all or any of such pl1rpomlj; - (b) the, busin~ in the legislative assembly of a udiqn 5 terr~tory shall be transacted in the official language or lapguages of the union tel'j;1tory or in hindi or in english:  ~ovi~ed that the speaker of the legislative ass~iilbly or ~rson acting as sucl:l, as the case may be, may permit any ~­ber who cannot adequately express himself in any of tl;le languages aforesaid to address the assembly in his mother-tongue 10 ~ :t\~~\'!f)t~tandiilg anything contained in section 34, until par- laquaf ~ liament by law ~therwise ~l'ovides, the authoritative texts;-t~:ifilt: (a) of all bills to be introduced or amendments thereto to etc ~ moved: in the legislative assembly of a union territory, (~) of all a,cts passed by the legislative assembly of a union territory, and (c) of all orders, rules, regulations and bye-laws issued under any, law ioade by the leiislative assembly of a union territot;y, a1aall be in th,e english language: 20 fl'ovided that where the legislative assembly of a union territoty ~ pr,escr~bed any language other than the english language for use in bills introduced in, or acts passed by, the legislative assembly of the union territory or in any order, rule, regulation or b,e-ia\,v ij&ued under any law made by the legialative assembl,y of 2s t~  unioa telrritoi'j!' , a tj;aq~tion of tht;! same in the en&lish l~­guage published under the ~1i-~hority of the ~strat9r w ~ official gazette shall be deemed to be the authoritative text thereof in tlut~ili~~ ~~~ 31 no, _usiirion sl1~l t~e place in the legislative ~mbly of •• tric:doa 30 a union territory with respect to the conduct of any judicial com- i:tt~= ~9'wf qr o~ ~y j~e o~ t~e &¥reme court or of a high court ~~blj i~ \he 9~p'l!o{g~ of his d~ties 3~ (1) the validity of any proceedings in the legislative asiiem- co~s !w' biy of a union territory shall not be called in question on the ground !:t~d:::" 35 of any alleged irregularity of procedure dlei~slof 81s atm (2) no qftlcer or member of the' legislative assembly of a union asscmbl, ten1~ory in wp~m pow~ are vested by or under this act for regulatinit t>roc~ure or the conduct of business, or for maintaining order in the legislative assembly shall be subject to the jurisdiction of' any -40 court in respect of the exercise by him of those powel'l  partin delimitation of cons'rituenciesdcftditiodl 38 in this part, unless the context otherwise requires,-(a) "associate member" means a member associated with the delimitation commission under section 42; s (b) "delimitation commission" means the delimitation commission constituted under section 3 of the delimitation commission act, 1962; 61 of i96a (c) "latest census figures" mean the census figures in a union territory ascertained at the latest census of which the 10 finally published figures are available; (d) "parliamentary constituency" means a constituency provided by law for the purpose of elections to the house of the people from a union territory including the union territory of delhi is assembly coduituedcies 39 for the purpose of elections to the legislative assembly of a union territory, the union territory shall be divided into singlemember 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 20 union territory 41, (1) it shall be the duty of the delimitation commillion-re rescd-40 there shall be allotted one seat to the union territory of tatrod of poddicherry in the bouse of the people and that union territory pondicherry _l_11 f ham tary t'tuenc id the house orm ode pn en cods i y oftbe people duties of delimitation commi •• lodo (a) to delimit the nssembly constituencies in each union territory, and (b) to determine, on the basis of the latest census figures, the number of seats to be reserved for tlle scheduled castes in the legislative assembly of himachal pradesh, and in the letrislative 30 assembly of pondicherry, and the constituencies in which thetle seats shall be so reser,'cd, (2) it shall also be the duty of the delimitation commluion-<a) to readjust, on the basis of the latest censu'i figures, the division of each of the rnion territories of delh;, hb!lachal pra- 3s desh, manipur and tripura mto parliamentary constituencies, the total n1lldber thel'f'of remaininc the same; (b)\ to determine the constituency in which the seat shall be reserved for the scheduled castes or for the scberluled tribes, as the case may be; and (c) to divide the union territory of goa, daruan and diu into two single-member parliamentary constituencies 42 (1) for the purpose of assisting tbe delimitation commjssion associate in its duties,' the delimitation commisn shall associate with it- members self,-  10 (a) in respect of the union territory of delhi, all the members of the house of the peopie representing that union territory; (b) in respect of each of the union territories of himachal pradesh, manipur and tripura, all the members of the house pf the people representing that union territory and three members of the legislative assembly of that union territory to be nominated by the speaker of the assembly from among the members thereof; (c) in respect of the union territory of goa, daman and diu, the two members of the house of the people representing that uniog territory; (d) in respect of the union territory of pondicherry, three members of the legislative assembly of that union territory to be nominated by the speaker of the assembly &om among the members thereof 25 (2) the nomination of members of the several legislative assemblies under sub-section (1) shall be made by the respective speakers thereof as soon as practicable and shall be communicated to the delimitation commission (3) if owing to death or resignation the office of an associate 30 member falls vacant, it shall be filled as soon as practicable under and in accordance with the foregoing provisions of this section (4) none of the associate members shall have the right to vote or to' sign any decision of the delimitation commission 61 of 1963 43 the provisions of sections 7, 9, 10 and 11 of the delimitation procedurea' 3s commission act, 1962, shall apply, as far as may be, in relation to t~ delimitathe delimitation of parliamentary and assembly constituencies under tiod this part as they apply in relation to the delimitation of parlia! mentary and assembly constituencies under that act couoc:ilo£ midhten 44 (1) t~e shau be a coudcl1 01 nini""'4 ia  union territory with the cbief minister at tbe h-d tajt,itl  ,111, the administrator in the exercise of his functions in relation to matte1'l witk rqil'- to wju,:h ute legislati,ve __ ~ fid  , ~ twi- s to~ hm powe~ ~ ip8ke lawa beep' ~ sq 1m  ~blor under th:s act to act in his discretion ~r by or udder any  exercise any judicial or quasi-judicial fudc:tioaa: ~ovided that, in case of difference of opinion between the administrator and his ministers on any matter, the adminisvator shall 10 reiet ~t to the presuient for decision and ~t 8«:corqwa tqtim\ decision g;iven thereon by the presiclent, add peodiri ~ 4tri_,~,flhall be competent for the administrator illad3 c  w;har~ tm-~ is 10 his opinion so urgent that it is necelnlary ~o~ ~ ~ t~ wji:ne- i diate action, to take such action or to &v~ sju:tl <»r~ we, the s matter as he deems necessary (z) the mministrator shall, when he is preseat, pllellide at meet-~ ot the cowlcil of ministers, and, when tlie admi,,tja»r  not present, the chief minister or, if he is also not pre8itil$,  qther minister as may be detennined by the rules iiliil~ ~d~}; s1itrsection :ao (1) of section 46, shall preside at meetin~s of tbe co1,jrc,ij (3) in the exercise of his functions the administrator ~ each of t~e union territories of himachal pradesh, mantpur and tripura shall have special responsibility for the security of the border and ~ fof' that purpose he may issue such direc lions and take such mea-sufes- as he may think necessary (4) if and in so far as any special responsi"~, gfllae 4eip trator is involved under this act, he shall in the exercise of ala fureuons, aet in his discretion (5) 11 any question arises as to whether any iiulu is or· is 0ila matter as respects which the administrator is by; or under tllis ~ct required to' act in his discretion, the decision of the adminisvator thereon shall de final: provided that in case of any difference of opinion between th~ u administrator and the minister on such question it shall ~ r~~rre4' for the decision of the president and his de<$ion th~reon shllll b\' tinal ~) af a!1, questiollarises ·as to whether any matter is oris not  aat1er  napects whieh the administrator is required by 'any :law ,  m imy jugioial 'or quasi-judicial functions, the decision of !the mlnldrlstntor thereon shall be final ! (7) the question whether any, and if so what, advice was tendered by ministers to the administrator shall not be inquired into in anyeourt g (1) the chief minister shall be appointed by the president and other provithe other ministers shall be appointed by the president on the advice m8i~d~ ~ to ro-af tilechief mm •• er idis en (;) "pre ministers shall -hold office during the pleasure of the prestdat   (3) tae council of ministers shall be collectively responsible to ·the legisl~ive assembly of the union territory is 0(4) beforea minister enters upon his office the administrator shall administer to him the oaths of office and of secrecy accordin~ to the forms set out for the purpose in the first schedule t(3) a minister who for any period of six consecutive months is not a member of the lpgislative assembly of the unionterrito1'7l' 20 shall at the expiration of that period cease to be a minister  • 'ftae willes 'liiid atlowrft~es'of ministers shall bp such as the  ttv1a  , 'of the union territory may from time·to tiim ,~  '  dile, am8 1iiitil the legislative asmmlbly so detennb'm shall be detennined by the administrator with tile -approval of the 25 president - (1) ~e ,pr-eaicient shall make rules-'omduct·ot 'business (a) for the allocation of business to the ministers; and c(~ , the more eomrenient transac!tion ·of business with the mmtst~1's ;hre1u6tng the 'procedure to be adopted in the c8!fe 'df 30 a diftenmce lof optmon ·between the administratdr and the council of ministers or a minister   (f) '!lave lis dther'w"be pro'\l'ided in this act, all exeeutive aetion - tit 'the mministrator,whether taken on the advice of his ministers "or dehetwise, 'sruin 'be expressed to be taken in the name of tbe ad-35 ministrator i (3) orders and other instruments made and executed in the name of the administrator shall be authenticated in such manner as may be specified in rules to be made by 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 an order or instrument 5 made or executed by the administrator  part v miscellaneous and transmonal provisionscodlolidated 47 (1) as from such date as the central government may, by fi:do:f the notification in the official gazette, appoint in this behalf, all revenues 10 territory received in a union territory by the government of india or th~ administrator of the union tflrritory in relation to any matter with reaped to which the legislative assembly of the union territory has power to make laws and all grants made and all loans advanced to the union territnry from the consolidated fund of india and  all is moneys received by the union territory in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of the union territory"  (2) no moneys out of the consolidated fund of a union territory shall be appropriated except in accordance with, and for the purposes 20 and in the manner provided in, this act (3) the custody of the consolidated fund of a union territory, the payment of moneys into 9uch fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the administrator with 25 the approval of the president codtinlency 48 (1) there shall be established a contingency fund in the fw:-d of tile nature of an imprest to be entitled "the contingency fund of the ~::~:ry union territory" into which shall be paid from and out of the consolidated fund of the union territory such sums as may, from time to 30 time; be determined by law made by the legislative assembly of the union territory; and the said fund shall be held by the administrator to enabie advances to be made by him out of such fund (2) no advances shall be made out of the contingency fund of the - union territory except for the purposes of meeting unforeseen ex- 35 penditure pending authorisation of such expenditure by the legislative assembly of the union territory under appropriations made by law , - (3) the administrator may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the contingeney fund of the union territory  s 4 • the reports of the comptroller and auditorgener81 of india ~~~~i 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 10 so notwithstanding anything in this act, the administrator and rel~iod of his council of ministers shall be under the general control of, and ~~r:is~­comply with such particular directions, if any, as may from time to mid!stcr, lo t· be' b th p id t prc>1dcnt ime given y, e res en 51 if the president, on receipt of a report from the administrator provi~ion in is of a union territory or otherwise, is satisfiedr:ii~! of con~titution­(a) that a situation has arisen in which the administration of a1 machinthe union territory cannot be carried on in accordance with the cry provisions of this act, or (b) that for the proper administration of the union territory 20 it is necessary or expedient so to do, the president may, by order, suspend the operation of all or any of the provisions of this act 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 25 in accordance with the provisions of article 239 52 (1)' there shall be a standing committee of the legislative sp~ial pro-assembly; of the union territory of manipur consisting of all the hufijeo: of members of the legislative assembly who for the time being rep- manipur resent the constituencies situated in the hill areas of that territory: 30 provided that the chief minister and the speaker shall not be members of the standing committee (2) the president may by notification determine the area which shall be regarded as the hill areas of manipur and specify the constituencies situated in the hill areas 35 (3) every minister shall have the right to speak in, and other  wise take part in the proceedings of, the standing commfttee, but - shall not, by virtue of such right, be entitled to vote at any meeting of the committee if he is dot a member thereof 2831 (b) ls-f - - (4) the following matters in so far as they relate to the hill areas of manipur shall be within the purview of the standing committee to the extent and in the manner provided by this section, namely:-(a) the allotment, occupation, or use, or the setting apart of land (other than any; land which is a reserved forest) for the 5 purposes of agriculture or grazing or for residential or other nod-agricultural purposea or for any other purpose likely to promote the interests of the inhabitants of any village or town situated within the hill areas: provided that nothing in this clause shall be deemed to 10 require the reference to the standing committee of any proposal for compulsory acquisition of any land for a public purpose; (b) the management of any forest not being a reserved forest; (c) the use of any canal or water course for purposes of is agriculture; (d) the regulation of the practice of ;hum or other fonds of shuting cultivation; (e) the estab1ishment of vill'age or town committees or councils and their powers; and any other matter relating to 20 village or town administration, including village or town police and public hf'llllth and sanitation; (/) the appointment or succession of chiefs or headmen; (g) the inheritance of property; (h) marriage; and 2s (i) social customs (s) every bill which is not a financial bill and contains mainly provisions dealing with matters specified in sub-section (4) shall, upon introduction in the legislative assembly of the union territory of manipur, be referred to the s1anding cominittee for considera- 30 tion and report to the legislative assembly (6) u any question arises whether a bill attracts the provisions of sub-section (s) or not, the question shall be referred to the administrator and his dech:ion thereon shall be final (1) any bill referred to the s1janding committee under sub- 35· section (s) may, if 80 recommended by the standing committee, be passed by the legislative assembly with such variations a may be necessary in its application to areas other than the hill areas l' - (8) when a bill as reported by the standing committee is not  passed by the legislative assembly in the form in which it has been reported but is passed in a form which, in the opinion of the speaker, is substantially different from that as reported by the standing com-s mittee, or is rejected by the legislative assembly, the speaker shall submit to the adminiatrator-(a) in any case where the bill has been passed by the legislative assembly in a substantially different form, the bill as passed by the assembly together with the bill as reported by 10 the standing committee; (b) in any case where the bill is rejected by the assembly, the bill as reported by the standing committee (9) the mmjnistrator shall, as soon as possible after the submiaslon to him of the bill, return the bill to the legislative assembly is with a message recommending either that the bill be withdrawn or that it be passed in the form in which it has been reported by the standing committee or in the form in which it has been passed by: the legislative assembly and the message received from the administrator shall be reported by the speaker to the assembly and 20 accordingly, the bill shall be deemed to have been withdrawn, or as the case may be, be deemed to have been passed by the assembly in the form recommended by the administrator (10) the standing committee shall have power to consider and pass resolutions recommending to the administrator llny legislative 25 or executive action with respect to matters specified in sub-section (4), so however that the executive action relates to general questions of policy and the legislative or executive action does not involve any flnancial commitments other than expenditure of a routine and 1ncidental character 30 (11) the council of ministers shall normally give effect to the recommendations of the standing committee under sub-section (10) but if the council is of the opinion that it would not be expedient to do 10 or that the standing committee was not competent to make any such recommendations, the matter shall be referred to the 3s administrator whose decision thereon shall be final and binding on the council and action shall be taken accordingly (12) the administrator shall have special responsibility for· aecuring the proper functioning of the standing committee j accordance with this section  - 53 (1) as soon as practicable after the commencement of this ad,- elections shall be held in accordance with law-(a) to fill the seats in the bouse of the people allotted to the union territory of goa, daman and diu; and provisiom for election to parl;ament from goa, daman and diu, and pond icllerry (b) to fill the seat in the house of the people and the seat s in the council of states allotted to the union territory of pondicherry (2) notwithstwlding anything contained in any other law for the time being in force, the members nominated to represent the union territory of goa, daman and diu in the house of the people shall 10 continue to be such until the election of the members to fill the two seats in that house allotted to that union teltitory:  provided that where the dates of election of the members are different, the members so nominated shall cease to be members of that house on the earlier of those two dates is 43 of 1951 explanation-in this sub-section, the expression "date of election" has the same meaning as in section 67a of the representation of the people act, 1951 54 (1) in this section "constituency" means-provi,ions as to provisional legislative assemblies of certain union tcrritorici 103 of 1956 (a) in each of the union territories of himachal pradesh, 20 manipur and tripura, a territorial council constituency provided in accordance with the provisions of the territorial councils act, 1956, for the purpose of elections to g territorial council constituted under that act; (b) in the union teltitory of pondicheny, a territorial con- 25 stituency provided in accordance with the provisions of the state of pondicherry (representation of the people) order, 1955, for the purpose of elections to the representative assembly ()f the state of pondicherry (2) notwithstanding anything in this act, until the legislative 30 assembly of each of the union territories of himachal pradesh, manipur, tripura and pondicherry has been duly constituted an4 summoned to meet for the first  session under and in accordance with the provisions of this act, the following provisions shall apply in rel~tion to the legislative assembly of each of those 35 union teititories, namely:-(a) every constituency in existence immediately before the commencement of this act shall on and from such commencement be deemed to be an assembly constituency·· of the same name for the purpose of elections to the legislative assembly of the union territory under this section; (b) the seat reserved in any constituency for the scheduled castes in the union territory of himachal pradesh shall be s reserved in the assembly constituency of the same name for those castes; (c) every person who immediately before the commencement of this act is a member elected from a constituency to fill a seat in the territorial council of himachal pradesh, manipur 10 or tripura or in the representative assembly of pondicherry shall, on and from such commencement, represent the assembly constituency of the same name in the legislative assembly and shall be deemed to have been elected to the legislative assembly from that constituency, and every person who immediately is before such commencement is a member nomintated to the territorial council by the central government shall be deemed to be nominated to the legislative assembly; and accordingly on the commencement of this act, the legislative assembly of the union territory shall, without any further action or 20 step being taken in this behalf, be deemed to be the duly constituted legislative assembly of the union territory: provided that a person who, immediately before the commencement of this act, is a member of the representative assembly of pondicherry shall not become a member of the legislative assembly 25 thereof unless he is a citizen of india (3) the period of five years referred to in section 5 shall in the case of a legislative assembly functioning under this section be deemed to have commenced-(i) in the case of the legislative assembly of the union territory of himachal pradesh, on the 3rd august, 1962; (ii) in the case of the legislaltive assembly of the union territory of milnipur, on the 3rd august, 1962; (iii) in the case of the legislative assembly of the union territory of tripura, on the 1st august, 1962; and 35 (i,) in the case of the legislative assembly of the union territory of pondicherry, on the 25th august, 1959 (4) in other respects, the provisions of part ii shall apply in relation to a legislative assembly functioning under this section as they , apply in relation to a legislative assembly constituted lulder and in 40 accordance with the provisions of that part 55 for the removal of doubts it is hereby declar~ that-contracts and suits «(i) all contracts in connection with the administration of a union territory are contracts made in the exercise of the executive power of the union; (b) all suits and proceedings in connection  with the admin-5 tstration of a union territory shall be instituted by or against the government of india power of president to ftmove dillcul tiel 56 if any difticulty ames 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 10 do anythina not inconsistent with such provisions which appear to him to be necessary or expedient for the purpose of removing the difticulty :::::nt 57 (1) the enactments specified in the second schedule are caactmedtl hereby mnended to the extent and in the manner mentioned in the 15 fourth column thereof (2) all things done, and all steps taken, before the commencement of this act in connection with the preparation or revision of electoral rolls for the purpose of elections to the houle of the people from the union territories of goa, daman and diu, and pondicherry, 20 and to the legislative assemblies of those union territories shall, in 10 far as they are in eonformity with the provisions of the representation of the people act, 1950, as amended by this act, be deemed to 43 of 1950 have been done in accordance with law 58 (1) the following laws are hereby repmled:-«(i) the territorial councils act 1956; 103 of 1956 (b) the decree no 46-2381, dated the 25th october, 1946, as subsequently amended telatinjt to the representative assembly of the state of pondicherry; (c) the decree no 4'1-1490, dated the 12-tb august, 1947, as 30 subsequently amended, relatinii to the setting up of a council of government tn the state of pondicherry; (d) the state of pondicherry (representation of the people) order, 1955, in 10 far al it relates to the repreaentative assembly of pondlcberry 35 (2) notwithstanding the repeal of the territorial councils act, - 1058,- 103 of 1956 (ii) every oftlcer add other emploj'ee of the territorial council of a unloa  ltol')' &erma ancl_ the eouc:u iidme-- s distely before iuch repeal shall beeeme an ofticer or other employee of govemment 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 beld the same and shall continue to do so unless and until such tenure remuneration and terms and conditions are duly altered by the administrator: 10 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; is (ii) any service rendered by any such officer or other employee before such repeal sh811 be deemed to be service rendered in connection with the administration of the union territory; 20 (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 noti-:fication, order, scheme, rule, form, notice or bye-law made or issued, any license or permission granted) under the repealed act shall in so far as it is not inconsistnt 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 dabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the territorial council before such repeal aha1i be deemed to have been incurred, edtered into or engaged to be done in exercise of the executive power of the union fol'l the purposes of the administration of the union territory," 35 40 (d) ell 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 adminjatrator in accordance with law; - (e) all properties, mowble and immovable, and all interests of whatsoever nature and kind, vested in the territorial council immediately befo1'le 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 s union territory; (t) 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 j 0 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 immedoilltely before such ~al shall be deemed to be due to the union in connection with is the administration of the union territory; (h) all suits, proseeutiods and other legal proceedinp instituted or which might have beett instituted by 01' against the territorial councr may be contid_ or lutltuted by or apid&t the government of iddia  the first schedule[see sections 4 (a), 11 and 45 (4) ]  forms of oaths or affirmations i5 form of oath or -affirmation to be made by a candidate for election to the legislative assembly - "1, ab, having been nominated as a candidate to fill a seat in the -  do swear in the name of god legislative assembly of--- ------------ --10 solemnly affirm that i will b~ar true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india"  ii15 form of oath or affirmation to be mid! by a member of the  legislative assembly of a union territory"i, ab, having been elected (or nominated) a member of the do swear in tht! name of god 20 legislative assembly of  ------soiemiiiy 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 th~ duty upon which i am about to enter" 25  iiiform of oath of office for a member of the council of ministers of a union territory do swear in the name of god "i a b ---~--- - -------- - that i will bear true faith 30 "', solemnly affirm 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 35 manner of people in accordance with the constitutipn and the law without fear or favour, affection or ill-will" 29 2631 (b) ls-r5 t - - from of oath of secrecy for a member of the council or ministers of a union 'l'iiiuu'i'oity do swear in the name of god "i, ab, 01 i aftlr  - -that i will not directly or - emny m ~ 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 discharje of my duties as such minister"  'nte second schedute (see section s7)- amendments enactments amendbd -----------------year number short title 4 3 s rmd 43 the ~n of the in section 4, in sub-section (i), the people ai;:t, 1950 words "to goa, dimln and diu" shall be omitted 10 | in                           | section 138,    ||------------------------------|-----------------|| in                           |                 || sub-section                  |                 || (1),                         |                 || for the words                | "a              || the                          | words           || "the                         | union territory || delhi" shall be substituted |                 || in                           | section         || (1)                          |                 || and                          |                 || (2),                        |                 || for the words                | "a              || the words                    |                 || "the                         | union           || of                           |                 || delhi" shall be substituted |                 |is  in section 27a, -, (i) sub-section (2) shall be omitted; (ia) for sub-section (4), the following sub-section shall be substituted, namely:-"(4) the electoral c:olleae for each of the union territories of himachal pradesh, manipur, tripara and pondicherry shall couaist of the elected members of the legislative assembly constituted for that rerritory under the g'overnment of union territories act, 1963" 35 4s | in                                | the:                             | first    | schedule,-     ||-----------------------------------|----------------------------------|----------|----------------|| (i)                               |                                  |          |                || after the entry "24              | goa,                             |          |                || daman and                         |                                  |          |                || diu                               |                                | 2",      | the            || "2s                              |                                  |          |                || pondicherry                      |                                 |         |                || i'                                |                                  |          |                || shall                             |                                  |          |                || be inserted                       |                                  |          |                || and                               |                                  |          |                || the                               |                                  |          |                || existina                          |                                  |          |                || entry                             |                                  |          |                || rdadlll                           | to                               | north    |                || east                              |                                  |          |                || frontier                          | tract                            |          |                || shall be renumbered as entry      |                                  |          |                || 26;                               |                                  |          |                || (ii)                              |                                  |          |                || for the total the following total |                                  |          |                || shall be substituted,             | namely:-                         |          |                || "total                           | sos"                            |          |                || in                                | the second schedule, after entry |          |                || is                                |                                  |          |                || relatilll to                      | nqaland,                         |          |                || the                               |                                  |          |                || following                         |                                  |          |                || entries shall be inaerted,        |                                  |          |                || namely:-                          |                                  |          |                || "16                              |                                  |          |                || hirna~hal                         |                                  |          |                || pradesh                          | 40                               |          |                || 17                               |                                  |          |                || manipur                           |                                  |          |                || 30                                |                                  |          |                || 18                               |                                  |          |                || tripura                           | 30                               |          |                || 19                               | goa, daman and                   | diu      | 30             || 20 pondicherry -                 |                                  |          |                || 30"                               |                                  |          |                || the                               | fifth schedule, shall            |          |                || be                                |                                  |          |                || omitted                          |                                  |          |                || -                                 |                                  |          |                || -----                           | __                               | --       | ----_-------- |year short title amendments number i 3 4 43 the representation ofthe in section 4, the words "to goa people act, 19si daman and diu" shall be omitted •• - in section is, in sub-section (~),-(i) for the words "the governor", the words "the governor or adminis- 5 trator, as the case may be" shall be substituted; (ii) in the proviso, the words and figures "or under the provisions of 10 section s of the government of union territories act, 1963, as the case may be" shall be added at the end in section 3z, the words and figures "or under the provisions of the j 5 government of union territories act 1963, as the case may be" shall be added at the end in section 36, in clause (a) of' subsection (2),-20 (i) the word "and" occurring after the figures "191" ~all be omitted; (ii) for the words and figure "part ii of this act", the words and figures "part ii (if this act, and sections 4 and 2~ 14 of the government of union -territories act, 1963" shall be substituted in section 55, the words and filure~ "or under the government of union 30 territories act, 1963, as the case may be" shall be added at the end in section 100, in clause (a) of subsection (i), after the words "this act", the words and figures "or the 35 government of union territories act, 1963" shall be inserted 37 the states reorganisation a('t, 19s6 in section 15 of the' states reorganisation act 1956,-(i) in clause (d) after the word 40 "maharashtra", the words "and the union territories of dadra and naill' haveli lind goa, daman and diu" shall bl' inserted; (ii) in dause (e) after the word 45' "kerala", the words "and the union territory of pondicherry" shall be inserted  stattment of objects anb r~as6:nsarticle 239a 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' ponddcherry in pursuance thereof the present bill seeks to establish legislatures and also councils 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 house of the people and for filling by direct election that seat as well as the 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 representation to the uriion territories of goa, daman and diu, dadra and nagar haveli and pondicherry in the zonal councils the provisions of the bill are further explained in the nores on clauses, wherever necessary new delhi; lal bahadur the 7th februar1/, 1963 clause 3-the clause provides for the establishment of legislative assemblies in the union territories of himachal prade~h, muipur, tl'ipura, goa, daman and diu and pondicherry it is proposed that the number of elected seats in the legislature of himachal pradesh shall be 40 and 30 in the legislatures of other territories two seats in each legislative assembly are proposed to be filled by nomination by the central government himachal pradesh and pondicherry have sizable scheduled castes population hence, provision has ,been made in this clause for reservation of seats for members of scheduled castes in these two territories on population basis clause 4-the qualifications for membership of the legislatures of the union territories prescribed in this clause are the same as those prescribed for membership of legislative assemblies of states provision has also been made in this clause that candidates for election to the legislatures shall subscribe an oath or affirmatioa to bear true faith and allegiance to the constitution and uphom the sovereignty and integrity or india clause 5-the term of legislatures of the union territories prescribed in this clause is the same as that prescribed in respect of legislative assemblies of states clauses 6 to 17-the provisions of these clauses generally tollow the corresponding provisions applicable to the legislative assemblies of states and members of those assemblies clauses 18 to 31-these clauses define the scope of the legislative powers of the legislatures of the union territories and relate to procedural matters including the procedure regarding assent to bills clause 18 provides that the power of parliament to make laws with respect to any matter for a union territory shall remain unfettered subject to this, the legislatures shall have power to legislate in respect of such of the matters enumerated in the state and concurrent lists as are applicable in relation to union territories clause 21 provides that no law enacted by a legislature of a union territory shall over-ride any law passed by parliament on or after the commencement of the; act clauses 19 and 20, provide that powers of the legislatures of the union territories shall be subject to the same restrictions as are applicable in relation to state legislatures under articles 285 to 288 of the constitution - clause 25 provides that ems passed by the legh;lature::; of union territories shall become law only after they have been assented to by the president and prescribes the procedure in this behalf clause 32-this clal)se empowers the administrdtor to 3uthorise expenditure from the consolidated fund of the union territory as ?n intetim measure because it will not he possible for the legislatures to authorise expenditure immediately on the constitution of such fund clause 33-this empowers the le~islatures of union territories to make their rules of procedure and also empowers the administrator to make rules in relation to financial business after consultation with the speaker and with the approval of the president sub-clause (2) of this clause provides that until the rules are made, the legislatures shall follow the rules of procedure and standin!! orders of the legislative assembly of uttar pradesh with such modifications and ~dap­tations as may be made by the administrator clausf 34-this empowers the legislatures of the union territori~s to adopt by law either hindi or any language or 1lmguages in use in the territory as the officiallan~age in view of the provisions of the treaty of cession between the govf>rnments of india and france, in the case of pondicherry, provision has been made that so long as the le~81ative assembly of pondicherry doer not decirie otherwise, the french language shall continue to be used as an official language of that union territory for the same official purposes for which it was being used in that territory immediately before the commencement of the act 'ryle president is also empowered to direct thoe use of the official language of the union for specific official purposes of the union territory and to direct the use of any other language for any such purposes if he is satisfied that a ~ubstantial proportion of the population of the territory desires the use of that langub,:!e sub-clause (b) of this clause relates to the lan{{uage to be used in the legislatures and follows the 'provisions of article 210 (1) of the constitution clause 35-this clause relates to the langua~e to be used for acts bills, etc and follows the corresponding provisions of article 348 of the constitution clauses 38 to 43-these clauses relate to delimitation of parliamentary constituencies in the union territories of himachal pradesh, manipur, tripura and delhi and also assemblr constituencies in the territories in which legislativp assemblies are proposed to be established clause 53 provides that the two seats in the house of the people allotted to thc union territory of goa, daman and diu sh"an be filled by electiqll as soon as practicable accordingly provision has been included in these clauses for the delimitation of two parlia-- - - mentary constituencies in this territory also clause 40 provides for one seat in the house of the peopl~ being allotted to pondicherry and the entire union territory being treated as one parliamentary constituency for the purpose clause 41 empowers the delimitation commission to delimit the constituencies clause 42 provides for the association of l\{embers of the house of the people representing the union territory concerned and three members of the respective assemblies nominated by the speakers thereof, with the delimitation commission in pondicherry, however only three members of the legislative assembly of the territory will be associated because the question of delimiting parliamentary constituencies does not arise in that territory in goa, daman and diu, the delimitation will have to be done before the election of members of the legislative assembly hence, only the two members representing the territory in the house of the people are pro~ed to ,be associated with the commission clause 43 makes the relevant provisions of the delimitation commission act, 1962, applicable to the delimitation under this act clauses 44 to 46-clause 44 provides for the constitution of a council of ministers in each union territory having a legislature to aid and advise the administrator in the exercise of his functions except when he is required to act in his discretion or in a judicial or quasi-judicial capacity in the case of the union territories of himachal pradesh manipur and tripura which are border territories, the security of the border is proposed to be made the special responsibility of the administrators in these territories clause 45 contains other provisions regarding the councils of ministers and clause 46 relates to the procedure in regard to conduct of business clauses 47 to 49-these clauses provide for the constitution of a separate consolidated fund and a contingency fund in each union territory having a legislature and for the audit reports in respect of the accounts of the territory being ilbid before the legislature of that territory - ~ -   clauses 50 and 51-these clauses provide that-(a) the administrator and his council of ministers shall be under the general control of, and comply with the directions given by, the president; (b) the president may suspend the operation of all or any of the provisions of the act when it is necessary or expedient to do so and make other arnmgements for the administration of the territory concerned - £lauae 51--this clause provides for the constitution of a' standing committee consisting of members from the hill areas of madiplr" which are inhabited mostly by tribal people it also provides that it shall be the special responsibility of the administrator to secure the proper functioning of this committee in accordance with this clause the subjects which will come within the purview of this committee undet'su'b-c:1ause (4) correspond to those specified in paragraph's (1) of the sixth schedule to the constitution the procedural provisions relating to this committee generally follow the corresponding provisions' applicable in respect of the regional committees constituted under article 3'11(1-) of the constitution clause 53-this clause provides for elections being held as 'soon as practicable to fill the seets in the house of the people allotted to the union territories of goa, daman and diu, and pondicherry and the seat in the council of states allotted to the union territory of pondicherry and makes consequential provisions in respect of the existing members nominated to represent the union territory of goa, daman end diu in the house of the people clause 54-the existing elected members of the territorial councils of himachal pradesh, manipur and tripura were chosen by direct election in 1962 and the members of the representative assembly of pondicherry were similarly chosen ip 19~9 on the basis of adult franchise their five year term of office as members of those bodies commenced on the dates mentioned in sub-cleuse (3) this clause provides that the members of those bodies shall become members of the legislative assembly of the respective territory and the legislative assemblies shall be deemed' to have been constituted accordingly for the unexpired portion of their term clause 55-the present bill does not alter the relationship of the union territories with the union to place the matter beyond doubt, this clause seeks to make it clear that contracts, suits end proceedings in connection with administration of the territories are contracts made in exercise of the executive power of the union and suits and proceedings instituted by or against the government of india clause 56-this clause provides for the removal of difficulties which may arise in giving effect to the provisions of the act clause 57-the second schedule referred to in this clause makes consequential amendments in the representation of the people act, 1950, and the representation of the people act, 1951 the schedule· also seeks to amend section 15 of the states reorganisation act, 1956, so as to include the union territories of dadra and nagar haveli and 2631 (b) 1j!-6  goa, daman and diu in the western zone and the union territory of pondioherry in the southern zone clause 58-lt -is proposed that the functions entrusted to the territorial councils of himachal pradesh, manipur and tripura should re-vest in the government hence, this clause provides for the repeal of the territorial c9uncils act, 1956, and makes consequential provisions regarding the employees of the councils and other matters it also repeals the decrees under which the representative assembly and the council of government of pondicherry were constituted, and the state of pondicherry (representation of the people) order, 1955, on the basis of which elections were held to the representative assembly in 80 far as that order relates to that assembly clause 3(1) of the bill provides for the setting up of a legislative assembly for each of the union territories of himachal pradesh, manipur, tripura, goa, daman and diu, and pondicherry" clause 44(1) provides for the setting up of a council of ministers in each of these territories clauses 7(5), 17 and 45(6) relate to payment of salaries and allowances to the speaker and the deputy speaker, members of the legislatures and the ministers the expendtture on such salaries and allowances and other expenditure of an incidental nature such as on the additional staff for the legislatures and councils of ministers will be met from the consolidated fund of the union territory concerned however, if there is any time lag between the setting up of these bodies and the constitution of the consolidated fund of the territories, the expenditure for that interval will be met from the consolidated fund of the union the interval, if any, is expected to be very short it is not possible to precisely estimate the expenditure on such salaries and allowances at this stage on a rough estimate, it is expected to be about rs 20 lakhs per annum in all the five territories but, to some extent, there would be a corresponding saving on account of the abolition of the territorial councils of himachal pradesh, manipur and tripura and the representative assembly and council of government of pondicherry clause 4& provides fer ene seat in the !leuse of the people beibl allotted t& pondicherry clauses 41 aad 42(1) provide for tile deumftation of constituencies being done by the delimitation commission and association of members of the house of the people and some members of the loeal legislatures with the commission for this purpose elause 53(1) provides for electiens being held to fill the seats in the house of the people allotted to goa, daman, and diu, and pondicherry these provisions will involve an additional expenditure of about rs llakh from the consolidated fund of india of which about rs 10,000 will be of a recurring nature on account of the salary and allowances of the member of the house of the people representtng pondlcherry in the case of goa, daman and diu, as the existing nominated members will be replaced by elected members no extra expenditure is involved the expenditure on the administration of these territories which ii at present being met directly from the consolida1¢ f1:1pd of india by far exceeds the revenue from these territories, hei'ce, as envisaged in clause 47(1), it will be necessary to give substantial financial assistance to these territories by way of grants and loans from the consolidated fund of india the magnitude of this assistance may vary'irorn time to time depending on the size of the dev~lopment programmes and the revenue of these territories, the fohowing figures which are based on the estimates of revenue and expel1diture  for 'the year 1962-63 give some idea of the magnhude of such assistance:  ----------------ri h laths -------------_  _---himacltal pnadosh expenditure likely defic:t --- ---2156'66 1123 '8s mladipar· revenue ---432 -81 79'31 55-82 904'14 ~'p3 1149'38 1093'46 tripaft 9oa, daman and diu s77"71 16'~ podilic:herry 5°1'19 240'62 ~9"s24 is4'62 clause 58(2) provides that on the repeal of the territorial councils act, 1956,-(a) all the officers and employees of the territorial councils of himachal pradesh, manipar and tripura shall be employed in connection with the administration of the territory concerned and that service rendered by such officers and employees under the -t~ couwills shall be deemed to be go"er1l1twl~ service; {p} au-debts, obligations and 'liabilities ijmrnred, au ettnllts 'edtere~  into by' the territorial councils, ete; 'shatl- be cleeamd-to haye -'been incurred or entered into in exarci8e 1d tile 't!!!dcdtive power of the union for the purpomjll-ofde ,  tni  t;'-;z>f the ululm -territories:   ' (g} 8th auita, prosecuthms and other legal proceedings lnstituw or which might have been instituted by or aga,inst the t-erritorial councils may be contijlued or instituted by or against the govenunept of india these liabilities will be met from the consolidated :fund 'of india until the consolidated funds are constituted for the teltitoriei' add thereafter, from the consolidated fund of the territory :codce1'iled however, in effect, this will not involve extra expenditure because of _ the savings due to the abolition of the territorial coudcils,  memorandum regarding delegated legislationclause 33 of the bill empowers the legislative assembly of a union territory to make rules for regulating its procedure 'ami conduct of business and provides that such rules relating to financial businesa may be made by the administrator in ~odsultation with the speaker and with the approval of the president  clause 46 provides for the rules regarding the transaotion'efbusiness with the ministers being made by the president and empowers the administrator to -make rules· presoribibg til mamer·:of autiiiiiu-cating ·th~ orders -issued' in his name  clause 47(3) provides for rules regarding the custody, etc, of the consolidated functbeing made by the administra&o1' with the approval of the president and clause 48 (3) empowers the administrator to make -similar -rules -regarding the contidgeucy fund the,mattej:s mentioned above are of a procedural natureand-uru dullcult to provide for these matters in detail in the bill itseh the ~opoll8ls ®f' 4elegal1od of legislative power are thus of a norj!l&l   ell,,  ,   annexure extracts from the representation of the people act 1950 j (43 of 1950) - • - • - •piuiai of 4 (1) the seats allotted unde!" section 3 to the state of jammu h:eijl,:~ and kashmir, to the andaman and nicobar islands, to the laccadive, peoplc minicoy and amindivi islands, to dadra and n,agar haveli, to goa, daman and diu and to the part b tribal areas shall be seats to be ft1ied by persons nominated by the president ' e e· e - blectoral 13b (1) the electoral roll for each parliamentary constituency in ~d - a union territory, each assembly constituency and each council constituency shall be prepared and revised by an electoral registration oftlcer who shall be such officer of government or of a local authority as the election commission may, in consultation with the government of the sta~ in which the constituency is situated, designate or nominate in this behalf - e - - - -  part lib electoral rolls for parliamentary constituencieselectoral 13d (1) the electoral roll for every parliamentary constituency ~ for pap other than a parliamentary constituency in a union territory shall = consist of the electoral rolls of so much of the assembly constituencies ciei as are comprised within that pa!i'liamentary constituency; and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency - (2) the provisions of part iii shall apply in relation to every pu-iiamentary constituency in a union territory as they apply in relation to an assembly constituency ' - - - - - -  part iva manner of filling seats in the council of states to be fuid by representatives of union territories- z1a - - - - - - (2) the electoral college for each union temtory specified in the eodltitutiod first column of the fifth schedule shall consist of the nwnber of :!aid': members specified in the second column thereof opposite to lhat tbe 8 u~ of union territory to be chosen by direct election ~:s::i of stake  - - - - - - to uole territodol, (4) the electoral college for each of the union territories of himachal pradesh, manipur and tripura shall consist of the members of the temtarial council constituted for that territory under the territorial councils act, 1956, but shall not include any of the ioj of ,,,6 members nominated by the central government under sub-ection (3) of section 3 of that act - - -  the first schedule (see section 3) allocation of seats in the house of the people| name                                     | of    | state, union territory    | or    | area    ||------------------------------------------|-------|---------------------------|-------|---------|| -                                        |       |                           |       |         || -                                        |       |                           |       |         || -                                        |       |                           |       |         || tocii                                    |       |                           |       |         || dumber                                   |       |                           |       |         || ofleetl                                  |       |                           |       |         || -                                        |       |                           |       |         || 16                                      |       |                           |       |         || napland                                  | -     |                           |       |         || i                                        |       |                           |       |         || -                                        |       |                           |       |         || -                                        |       |                           |       |         ||                                         |       |                           |       |         || "                                        |       |                           |       |         || 17 delhi                                |       |                           |       |         || 18 himachal pradesh                     |       |                           |       |         || :                                        |       |                           |       |         || s                                        |       |                           |       |         ||                                        |       |                           |       |         || 19                                      |       |                           |       |         || manipur                                  | -     |                           |       |         || 3                                        |       |                           |       |         || 20                                      |       |                           |       |         || tripura                                  | -     |                           |       |         || a                                        |       |                           |       |         || 2                                        | i    |                           |       |         || andldlao                                 | aod   | nicobar island,           |       |         || i                                        |       |                           |       |         || i                                        |       |                           |       |         || z3                                      |       |                           |       |         || lac cadtve, miniooy and amindivi islands |       |                           |       |         ||                                       |       |                           |       |         || ,                                       |       |                           |       |         || 23 dadra lind nagar haveli              |       |                           |       |         || i                                        |       |                           |       |         || 3                                        |       |                           |       |         || 240                                      | goa,  | daman                     | and   | diu    || 2,                                      |       |                           |       |         || north                                    |       |                           |       |         || but                                      |       |                           |       |         || frontier                                 | tract |                           |       |         || total·                                   | -     |                           |       |         || i                                        |       |                           |       |         || ,                                       |       |                           |       |         || !os                                      |       |                           |       |         |a bill to provide for legislative assemblies and councils of m~nisters for cenain union territories and for certain other matters the president has, in pursuance of clauses (i) and (3) of article 117 of the constitution of india, recolllrilended to lok sabha the introduction and consideration of the bill m nkaul, seaetary ~hri lal bahadur shastri, minister of home affairs) 